Tag: TMC Politics

Robbing the Poor: #ShutDownTheF**kBarrel

Cross posted from The Stars Hollow Gazette

Debtors prisons were supposedly banned in the United States under federal law in 1853 and in 1983, the US Supreme Court rule unanimously ruled that only “willful” non-payers (those with the means to pay who refuse to) could be incarcerated for nonpayment. The recent report from the Department of Justice on the city of Ferguson, Missouri revealed a pattern of abusive use of municipal fines that put a heavy burden on the poor and black population of the city. It resulted in the resignation of municipal court Judge Ronald Brockmeyer and the transfer of all the city’s cases to the St. Louis County circuit court. It also put the spotlight on the modern version of debtor’s prisons run by states and cities around the country.

Help John Oliver #ShutDownTheF**kBarrel

By Ed Nazza, The Huffington Post

Fees from traffic tickets and other minor offenses are often a major source of revenue for many communities. But what happens when you can’t afford to pay even a small penalty?

In some cases, you don’t work off the fine with community service. Instead, you could find yourself trapped inside what John Oliver calls “the fuck barrel.” [..]

We cannot have a system where committing a minor violation can end up putting you in — and I’m going to use a legal term of art here — the fuck barrel,” Oliver said. “We can’t have that. And it might be time that we all stood up and said so.”

Check out the clip above to learn more and to see the stirring ad Oliver’s team created to push the effort to #ShutDownTheFuckBarrel.

Last Week Tonight with John Oliver: Municipal Violations

If you have money, committing a municipal violation may pose you a minor inconvenience. If you don’t, it can ruin your life.

“Most Americans drive to work,” he explained. “If you can’t do that, you’ve got a problem. In New Jersey, a survey of low-income drivers who had their license suspended found that 64 percent had lost their jobs as a result, which doesn’t help anyone. You need them to pay their fine but you’re taking away their means of paying it. That’s the most self-defeating idea since gay conversion camp!”

For-Profit Company Threatened To Jail People For Not Paying Traffic Fines, Lawsuit Says

By Ben walsh, The Huffington Post

The pitch is simple: For no cost, a private company will help collect fines and fees owed to cities. These for-profit firms, called probation services companies, don’t charge cities anything.

Instead, these companies put citizens who can’t afford to pay fines, such as traffic tickets, on payment plans that slam them with exorbitant fees, and then illegally threaten people with jail time if they fail to make payments, according to a federal lawsuit filed Thursday by the Southern Poverty Law Center.

The lawsuit alleges that an Atlanta-based company called Judicial Correction Services (JCS) and the city of Clanton, Alabama, violated federal racketeering law and Alabama state law by putting citizens on what is known as “pay-only probation” — basically, threatening citizens with jail time if they can’t pay fees and fines. [..]

Municipal use of private companies to collect the fines appears to be on the rise due to many cities’ increasing strapped finances. Smaller budgets can mean that when cities look to raise funds, they don’t have the resources to collect those fines themselves. Overall, however, strong historical data about the use of these practices does not exist because these private probation companies largely deal with city or county courts and are generally not transparent with their business practices.

The number of individual cases assigned to private probation services companies by those court systems is staggering. The New York Times’ Thomas Edsall noted that the HRW report found that in “Georgia in 2012, in ‘a state of less than 10 million people, 648 courts assigned more than 250,000 cases to private probation companies.'”

Not only does this system destroy the lives of people who are struggling to just survive, it also costs tax payers thousands of dollars to incarcerate them. So what is the purpose of these contracts, other than line the pockets of private debt collection agencies and private prison company executives. So yes, let’s #ShutDownTheF**kBarrel.

Espionage: It’s OK If You’re a White General

Cross posted from The Stars Hollow Gazette

There is a double standard when it comes to the Obama administration prosecuting individuals for leaking information under the Espionage Act of 1917. If you’re a general in the US military leaking information to a reprter or head of the CIA having an affair, it’s fairly safe to say that you won’t be prosecuted for espionage. The sweetheart deal that was given former CIA director and retired General David Petraeus is a prime example, not a day in jail and he is still in good graces with the White House. I guess when you know where all the bodies are buried you can get away with anything. But that doesn’t excuse the Obama administrations fervor for prosecution the whistleblowers who outed crimes and constitutional violations.

Obama’s war on whistleblowers leaves administration insiders unscathed

By Spencer Ackerman and Ed Pilkington, The Guardian

Five key political players enjoy ‘virtual impunity’ – while four lower-level figures are in prison or facing time

Since Barack Obama entered the White House in 2009, his government has waged a war against whistleblowers and official leakers. On his watch, there have been eight prosecutions under the 1917 Espionage Act – more than double those under all previous presidents combined.

And yet other apparent leaks have gone entirely unpunished or have been treated, as in the case of General David Petraeus, as misdemeanors. As Abbe Lowell, lawyer for one of the Espionage Act eight, Stephen Kim, has argued in a letter to the Department of Justice, low-level officials who lack the political connections to fight back have had the book thrown at them, while high-level figures have been allowed to leak with “virtual impunity”.

Lawyers for CIA Leaker Cite Selective Prosecution After Petraeus Plea Deal

By Peter Maas, The Intercept

Lawyers for Jeffrey Sterling, a former CIA official convicted earlier this year of leaking classified information to a New York Times reporter, have requested a reconsideration of his conviction because two former generals, David Petraeus and James Cartwright, have received far more lenient treatment for what they call similar offenses. [..]

In January, Sterling was convicted by a jury on nine criminal counts, including violations of the Espionage Act, for leaking classified information to Times reporter James Risen about a CIA effort to undermine Iran’s nuclear program. Sterling is to be sentenced in April and faces a maximum sentence of decades in jail. In a statement after the verdict was announced, Attorney General Eric Holder called the guilty verdict a “just and appropriate outcome.”

But the government is coming under increasing criticism for its uneven prosecution of leakers.

Earlier this month, Petraeus, who led U.S. forces in Iraq and Afghanistan and was the director of the CIA, reached an agreement with prosecutors in which he pleaded guilty to a single misdemeanor charge of mishandling classified information when he gave his lover and authorized biographer, Paula Broadwell, eight notebooks filled with highly-classified information about military plans and secret programs, covert agent names, and confidential discussions he had with senior officials including President Obama. Petraeus, who resigned from the CIA when his affair with Broadwell was revealed, also admitted to lying to the FBI, but he was not charged for that. The plea agreement calls for two years probation and a $40,000 fine but no jail time.

No charges have been filed against Cartwright even though it has been reported that federal prosecutors believe he leaked highly classified information to Times reporter David Sanger about a joint effort by the U.S. and Israel to cripple Iran’s nuclear centrifuges through a cyber-attack with a computer worm called Stuxnet. According to The Washington Post, the FBI has interviewed Cartwright on at least two occasions but has stopped short of indicting him.

National Security & Human Rights director Jesselyn Radack, who is also the lawyer for whistleblowers Edward Snowden, Thomas Drake and John Kiriakou, spoke with Democracy Now!‘s Amy Goodman and Aaron Maté about the White House’s double standard.



The full transcript can be read here

It’s OK if you’re a white general and know where all the bodies are.

A Conversation with Cornel West

Activist and author, Dr. Cornel West discussed the civil rights movement, President Barack Obama, racism and inequality in the United States today with “The Late Show” host David Letterman.

The Corporate Love Affair with Citizens United

A report (pdf) done at Princeton University that was released last year argued that democracy in America has been transformed into an oligarchy with wealthy elites wielding the power. Researchers Martin Gilens and Benjamin I. Page wrote that this has been a gradual, long term trend predating decisions like Citizens United and McCutcheon v. FEC making it harder for the public to perceive and even harder to reverse. Those rulings, however, may have sealed the deal.

How Corporations Run Congress: A Talk With Ryan Grim

Richard (RJ) Eskow, Huffington Post

Interview excerpt with Ryan Grim on The Zero Hour

Merriam-Webster’s first definition of “corruption” is “impairment of integrity, virtue, or moral principle.” Another is “a departure from the original or from what is pure or correct.” Has democracy been corrupted by the Supreme Court’s Citizens United decision? Has its integrity and virtue been compromised? Does today’s electoral process reflect what the Founders envisioned?

Writing the majority opinion in Citizens United, Justice Anthony Kennedy assured us that this decision would not have a corrupting influence on democracy. “(T)his Court now concludes,” wrote Kennedy, “that independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption.”

Avoiding the appearance of corruption, as well as corrupting itself, was essential to the Court’s ruling, since the mere appearance of corruption discourages voters and hampers democracy. For the Court’s reasoning to stand, elected officials must forever remain like Caesar’s wife: above suspicion. Justice Kennedy’s opinion assured us that, even with “independent” spending limits raised, they would.

The Inside Story Of How Citizens United Has Changed Washington Lawmaking

Paul Blumenthal and Ryan Grim, Huffington Post

When Supreme Court Justice Anthony Kennedy cast the deciding vote to gut a century of campaign finance law, he assured the public that the unlimited corporate spending he was ushering in would “not give rise to corruption or the appearance of corruption.” Because those authorized to give and spend unlimited amounts were legally required to remain independent of the politicians themselves, Kennedy reasoned, there was no cause for concern.

Just five years later, in a development that may be surprising only to Justice Kennedy, the Supreme Court’s 2010 decision is reshaping how, how much and to whom money flows in Washington.

How the flood of money released by Citizens United v. Federal Election Commission (pdf) has changed elections has been the subject of much discussion, but the decision’s role in allowing that same money to soak the legislative process has largely gone unreported. According to an extensive review of public documents held by the FEC, the U.S. Senate and the Internal Revenue Service, as well as interviews with lobbyists and policymakers, Kennedy’s allegedly independent spending has become increasingly intertwined with lobbying and legislation — the precise appearance of corruption campaign finance laws were meant to curb.

Politically active nonprofits, known as “dark money” groups for their ability to shield the identity of donors, and super PACs, which take unlimited sums of money but must disclose donors, have become dominated by lobbyists and other political operatives with close ties to leaders in Congress. Meanwhile, businesses with issues before Congress are pumping increasingly more money into the lobbyist-connected organizations.

The Supreme Court initially established a narrow definition of corruption in the 1970s, but Citizens United used it to blow open the gates that had been holding back corporate money. The 2010 decision came as the U.S. legislative system had evolved into a near parliamentary system of party-line voting and expansive party networks extending seamlessly from the Capitol to party headquarters to lobbying firms to outside political groups. Most top congressional legislators now have “leadership teams” — informal but internally recognized groups of aides-turned-lobbyists who help raise funds.

Rep. Aaron Shock Resigning from Congress

Cross posted from The Stars Hollow Gazette

Illinois Republican Representative Aaron Shock, he of the Downton Abbey office, announced his resignation from the House of Representatives after questions about his finances and high spending life style.

Schock’s spending came under scrutiny after a Washington Post report highlighted the Republican’s newly redecorated office, allegedly modeled after the popular British period drama “Downton Abbey.” The report noted that the office’s decorator, Annie Brahler, remodeled the office for free, sparking an ethics complaint against the congressman.

Schock ultimately repaid $40,000 for the redecoration, but the initial story set off a series of reports on the 33-year-old congressman’s lavish spending habits. Subsequent reports detailed a taxpayer funded weekend in New York for his staffers, a dozen charter flights worth over $40,000 on donors’ planes and $24,000 in campaign funds spent on concerts and events, including a sold-out Katy Perry concert.

Other reports raised questions over Schock’s relationships with donors. In February, a complaint was filed against Schock over the alleged sale of his home to a campaign donor for a significant profit. And earlier this week, the Chicago Tribune reported that multiple Schock donors were directly involved in a 2014 property deal in which the congressman paid one donor for a commercial property, and then took out out a mortgage for that property from a bank run by other donors.

When Rep. Shock was first elected in 2008, he was the youngest member of congress. He is currently the third youngest.

In another development, the ex-girlfriend and fund raiser for convicted felon former Rep. Michael Grimm (R-NY11), was sentenced to three months in jail. Diana Durand, 48, plead guilty last September to violating campaign finance law. Despite the recommendation of the prosecutors for no jail time, Federal Judge Sterling Johnson Jr disagreed.

Ms. Durand pleaded guilty in September to using straw donors to illegally contribute more than $10,000 to Grimm’s 2010 congressional campaign. Kaplan had asked for no prison time, noting that she’s the single mother of a 16-year-old son.

Prosecutors did not object to that request, but U.S. District Judge Sterling Johnson Jr. had other plans Tuesday.

“This is a very perplexing case, as all sentences are,” he said, adding, “I think that a custodial sentence is necessary.”

Johnson gave no other explanation for the sentence — three months, followed by a year of supervised release and a $10,000 fine. Ms. Durand is slated to surrender to U.S. Marshals in Texas, where she lives, on May 1.

Ms. Durand was also accused of giving illegal funds to Rep. Shock. Nor does this bode well for Mr. Grimm who is to be sentenced June 10.

Illinois Governor Bruce Rauner (R) has five days to notify the county clerk of the vacancy and the state must hold a special election for Rep. Snock’s empty seat within 115 days. The special election for the NY-11 vacancy is May 5.

Ah, the young ans the restless.

America’s Flawed Obsession with Assassination by Drone

Andrew Cockburn, the editor of Harper‘s magazine, sat down with “The Daily Show” host Jon Stewart to discuss his new book Kill Chain: The Rise of High-Tech Assassins,” that exams America’s flawed obsession with high tech ways to assassinate people with drones.  

You can read an excerpt from his book at Counterpunch.

Congressional Game of Chicken: Human Trafficking Victims Taken Hostage By the Senate GOP

Cross posted from The Stars Hollow Gazette

With the Republicans now in charge of the Senate, the filibuster games continue with the shoe on the other foot. Although I have to say, the Democrats have used it to stop the more egregious legislation that the Republicans have tried to pass. By attaching controversial riders to popular bills, such as their fight with the White House over immigration getting attached to the funding bill for the Department of Homeland Security, the GOP leadership didn’t expect the tactic to backfire in the press and public opinion. The Republicans may have gerrymandered themselves into being in charge but that doesn’t mean they have the capacity to lead or public support.

The Senate GOP current hostages are the victims of human trafficking and Attorney General nominee Loretta Lynch. A popular bipartisan bill to aid victims of human trafficking has been held up by the Democrats in the Senate when they discovered that the Republicans had surreptitiously added an anti-choice amendment that would restrict funding for abortions.

The Justice for Victims of Trafficking Act of 2015, which would establish a fund to raise money for victims from the fees charged to traffickers, wasn’t supposed to be controversial. It has supporters on both sides of the aisle and easily passed the House earlier this year. Both Senate Majority Leader Mitch McConnell (R-KY) and Minority Leader Harry Reid (D-NV) have urged members of their parties to support the legislation.

But this week, top Democrats learned that the bill includes language modeled after the Hyde Amendment, which restricts public funding for abortion procedures. The new fund created for trafficking victims would be subject to the same restrictions that currently prevent the public Medicaid program from using federal dollars to finance abortion coverage. [..]

Adam Jentleson, a spokesman for Reid’s office, said the proposed language in the trafficking bill would actually go beyond Hyde’s current scope by including fees and fines, instead of just taxpayer funds. He believes that “could lead to a dramatic expansion of abortion restrictions in future years.” [..]

Reproductive rights groups have also harshly criticized the abortion provision in the bill, accusing Republicans of playing politics with the vulnerable victims of human trafficking. They point out that victims often need access to abortion services because they have been subject to sexual violence, so a fund designed to help them shouldn’t cut off resources related to abortion.

Needless to say, the Democrat’s filibuster of a second bill, with unpopular provisions, in as many months is not sitting well with Senate Majority Leader Mitch “The Human Hybrid Turtle” McConnell who went on CNN’s “State of the Union” and told host Dana Bash that the consideration of Loretta Lynch would not happen until the trafficking bill passed.

McConnell told Dana Bash on CNN’s “State of the Union” that Lynch’s nomination will remain in a holding pattern until Democrats allow the trafficking bill to move forward.

“This will have an impact on the timing of considering the new attorney general. Now, I had hoped to turn to her next week, but if we can’t finish the trafficking bill, she will be put off again,” he said.

He argued it was a non-controversial bill that came out of the Judiciary Committee unanimously. He noted the language Democrats are objecting to was part of the legislation from the beginning of its consideration.

“They all voted for the very same language in a bill in December,” he said. “This is boilerplate language that has been in the law for almost 40 years that they all voted for three months ago in another bill.”

Sen. McConnell’s claim that the Democrats knew about the anti-abortion provision and knowingly voted for it is [disputed by the Democrats on the Judiciary Committee :

“These provisions, my caucus did not know about,” Senate Minority Leader Harry Reid (D-Nev.) told reporters Tuesday. “The bill will not come off this floor as long as that [abortion] language is in it.”

Even Democrats on the Judiciary Committee said they had no idea the abortion provision was in the bill. Some suggested they had been misled.

“There was a representation that the controversial provision was not included in this bill. It turns out that it was,” said Sen. Dick Durbin (D-Ill.), a Judiciary Committee member. “I don’t know how that happened or who was the author of it.”

“A list was sent to certain members saying, ‘Here are the changes from last year.’ This provision was not listed among them,” said Sen. Chuck Schumer (D-N.Y.), also a Judiciary Committee member.

Sen. Patrick Leahy (D-Vt.), the committee’s ranking member, chastised his GOP colleagues for using “debates about some of the most vulnerable among us to advance their own political agenda.”

Needles to say the Democrats, so far, aren’t caving to this latest GOP blackmail:

Sen. Charles Schumer (N.Y.), the third-ranking member of the Democratic leadership, slammed McConnell for further delaying Lynch.

“For months and months, Republicans have failed to move forward with‎ her nomination using any excuse they can, except for any credible objection to her nomination itself. It’s time for Republicans to stop dragging their feet on Loretta Lynch,” he said in a statement Sunday morning. ‎

Adam Jentleson, Senate Democratic Leader Harry Reid’s (D-Nev.) spokesman, accused McConnell of backtracking on his pledge to schedule Lynch for a vote.

The GOP hates Attorney General Eric Holder, who has already said his goodbyes, but they have held up Ms. Lynch’s nomination for 128 days, longer than any other Attorney General nominee. This might not be so bad since Ms. Lynch may not be the best choice to replace Mr. Holder considering her dubious ties to Wall Street and the banks. Her slap on the wrist agreement without criminal charges in the HSBC money laundering case would be a good reason to reject her. Now, the question is will the Democrats sacrifice her to protect the right to an abortion for victims of human trafficking. Stay tuned to see who blinks first.

The Mountain Finally Comes to Mohammed

It’s been nearly 5 years since two women in Sweden lodged charges of rape against Wikileaks founder Julian Assange. The Swedish prosecutors have been seeking his extradition from England to question him regarding the allegations but Mr. Assange fearing that this was a ploy to have him extradited to the United States where he would be arrested and prosecuted for leaking secret documents that exposed US covering up war crimes. Lawyers for Mr. Assange said that the Swedish prosecutors could question him in England and they believe that would end the matter. However the prosecutors, claiming it would be inadequate to question him in England, went to British court seeking extradition. Mr. Assange then sought asylum at the Ecuadoran embassy. Now, after over four years and time running out on the statute of limitations on charging him, the Swedish prosecutor has agreed to question Mr. Assange in England. Frustrated and tired, Mr. Assange’s response was “They could have done this long ago. What took them so long?” The answer is probably the salivating US justice and state departments who would love nothing more that to get him to a country that would extradite him to the US over the espionage charges.

Julian Assange to be questioned by Swedish prosecutors in London

By David Crouch, The Guardian

Lawyers for Wikileaks founder welcome prosecutor’s decision to interview Assange at Ecuadorian embassy in bid to break deadlock

Marianne Ny, who heads the investigation into accusations of rape, coercion and sexual molestation against Assange, made a formal request to interrogate him in the Ecuadorian embassy – the first sign of movement in a case that has been frozen since August 2012.

The prosecutor will also ask the UK government and Ecuador for permission to carry out the interviews at the embassy in London, where Assange has been staying for more than two-and-a-half years to avoid extradition to Sweden, from where he fears being handed over to the US to face espionage charges.

Ny said she had changed her mind because the statute of limitations on several of the crimes of which Assange is suspected runs out in August 2015. [..]

The British Foreign Office said in November it would welcome a request by the Swedish prosecutor to question Assange inside the Ecuadorian embassy. Ecuador’s government has also repeatedly stated that it approves of such a step. Assange has been wanted in Sweden since the accusations were made against him in August 2010.

His lawyers, who are currently appealing against his arrest warrant in Sweden’s highest court, have complained bitterly about the prosecutor’s refusal to travel to London to speak to him – an essential step under Swedish jurisprudence to establish whether Assange can be formally charged. [..]

The prosecutor’s apparent U-turn on Friday came just days after a supreme court judge in Stockholm wrote to the prosecutor general, directing him to give his opinion concerning Assange’s appeal, “especially regarding the investigatory procedure and the principle of proportionality”.

Further pressure on the prosecutor came in November when the appeal court, while rejecting Assange’s arguments, nonetheless directed sharp criticism at Ny for failing in her obligation to move the case forward.

It remains to be seen whether the charges of rape, that were brought by two women who were in a consensual relationship with Mr. Assange at the time, will result in an arrest warrant. There are a lot of questions about the women’s backgrounds and alleged connections with the CIA that would love to get their hands on Mr. Assange.  

General Betrayed US to His Lover

Former Director of the CIA and four star general David H, Patraeus has reached a plea deal with the Department of Justice for passing classified information to his mistress in exchange for sexual favors. He will plea to one misdemeanor count of unauthorized removal and retention of classified material and a $40,000 fine. No jail time.

This is what he handed his girlfriend:

The Justice Department and Federal Bureau of Investigation alleged back in 2012 that Petraeus gave secret information to Paula Broadwell, but the seriousness of the information wasn’t clear until now.

While he was commander of coalition forces in Afghanistan, Petraeus “maintained bound, five-by-eight inch notebooks that contained his daily schedule and classified and unclassified notes he took during official meetings, conferences and briefings,” the U.S. Attorney’s Office for the Western District of North Carolina writes in a statement of fact regarding the case.

The notebooks had black covers with Petraeus’s business card taped on the front of each of them.

All eight books “collectively contained classified information regarding the identifies of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-level National Security Council meetings… and discussions with the president of the United States.”

The books also contained “national defense information, including top secret/SCI and code word information,” according to the court papers. In other words: These weren’t just ordinary secrets. This was highly, highly classified material.

Besides lying to the FBI twice, this man compromised lives of undercover operatives, the troops operating in the field and national security and all he gets is a slap on the wrist. Pater Maas, writing at The Intercept, says that this deal reveals a two tiered justice system for leaks. He cites the penalties handed down to other defendants who did far less than the general:

For instance, last year, after a five-year standoff with federal prosecutors, Stephen Kim, a former State Department official, pleaded guilty to one count of violating the Espionage Act when he discussed a classified report about North Korea with Fox News reporter James Rosen in 2009. Kim did not hand over a copy of the report – he just discussed it, and nothing else – and the report was subsequently described in court documents as a “nothing burger” in terms of its sensitivity. Kim is currently in prison on a 13-month sentence. [..]

In 2013, former CIA agent John Kiriakou pleaded guilty to violating the Intelligence Identities Protection Act by disclosing the name of a covert CIA officer to a freelance reporter; he was sentenced to 30 months in jail. Kiriakou’s felony conviction and considerable jail sentence – for leaking one name that was not published – stands in contrast to Petraeus pleading guilty to a misdemeanor without jail time for leaking multiple names as well as a range of other highly-sensitive information. [..]

In 2013, Army Private Chelsea Manning, formerly known as Bradley Manning, pleaded guilty to violating the Espionage Act by leaking thousands of documents to Wikileaks, and she was sentenced to 35 years in prison. Manning received a harsh sentence even though then-Defense Secretary Robert Gates said in 2010 that the leaks had only “modest” consequences.

In an interview at The Guardian, Pentagon Papers leaker, Daniel Ellsberg commented on Edward Snowden and former CIA analyst Jeffery Sterling:

The factual charges against [Edward Snowden] are not more serious, as violations of the classification regulations and non-disclosure agreements, than those Petraeus has admitted to, which are actually quite spectacular. [..]

Jeffrey Sterling, a former CIA officer, was also just convicted of leaking classified information to New York Times journalist James Risen last month, “having first revealed it to Congress, as I did”, according to Ellsberg. Sterling was convicted of felony counts under the Espionage Act, and faces sentencing at the end of April. Ellsberg says Sterling’s “violations of security regulations were in no way more serious than what Petraeus has now admitted to”, and that, while it’s too late to do anything about his conviction, the judge should take the Petraeus plea bargain into account at his sentencing.

“If disclosing the identities of covert agents to an unauthorized person and storing them in several unauthorized locations deserves a charge with a maximum sentence of one year,” Ellsberg said, “then Edward Snowden should face not more than that same one count.”

As in the past when those in power violate the law and lie to congress and the FBI there are little to no consequences. So much for the Obama administration’s respect for the rule of law.

How to Lose an Election Without Really Trying

The Hill reported on Monday that centrist Democrats were preparing to fight the “Elizabeth Warren wing” of the party fearing that a shift to the left would lead to greater losses in 2016.

The New Democrat Coalition (NDC), a caucus of moderate Democrats in the House, plans to unveil an economic policy platform as soon as this week in an attempt to chart a different course.

“I have great respect for Sen. Warren – she’s a tremendous leader,” said Rep. Scott Peters (D-Calif.), one of the members working on the policy proposal. “My own preference is to create a message without bashing businesses or workers, [the latter of which] happens on the other side.”

Peters said that, if Democrats are going to win back the House and Senate, “it’s going to be through the work of the New Democrat Coalition.”

“To the extent that Republicans beat up on workers and Democrats beat up on employers – I’m not sure that offers voters much of a vision,” Peters said.

Warren’s rapid ascent has highlighted growing tensions in the Democratic Party about its identity in the post-Obama era. [..]

Leaders at three centrist groups – the Progressive Policy Institute (PPI), the New Democrat Network (NDN) and Third Way – arranged a series of meetings with moderates after the disastrous midterm elections to “discuss the future of the party,” according to a source close to the NDC.

The laughable part in that article is thinking that Barack Obama’s election in 2008 brought about a shift to the left in Democratic caucus was bad for the party:

One sign of the shift is the decline of the Blue Dog Coalition, a once-sizable bloc of conservative Democrats that is nearly extinct. More than two-dozen of its members were ousted from office in 2010.

Sen. Tom Carper (D-Del.), who is viewed as a centrist, said the centrist strain of politician is declining and estimated that “there’s fewer than 100” left in Congress.

“We need more moderates and centrists in both parties,” Carper said. “Part of politics is the art of compromise.”

The problem with that thinking is that it was centrist/right wing/Blue Dog policies that lost the Democrats the House in 2010 and this year the Senate. You can’t compromise with the right wing fundamentalists who are dominating the GOP. That lesson should have been learned during the debt ceiling fight in 2011 when Speaker of the House John Boehner (R-OH) bragged that he got 98% of what he wanted. That’s not compromise, that’s caving. House Minority leader Nancy Pelosi (D-CA) got the message and held the Democratic caucus together during last week’s battle to pass a clean funding bill for the Department of Homeland Security. Today that clean bill passed.

Third Way and “Fix the Debt” Democrats are nothing more that tools of Wall Street and billionaire Pete Peterson who founded and funds Third Way and commissions like Pres. Obama’s Cat Food Commission (that the Democratic congress refused to form) that was nothing more than a cover for destroying Social Security and what is left of the social safety net. None of that is centrist, it is pure corporate right wing ideology. Now they’re back and want the left to shut up, especially Sen. Warren.

Here’s “Uncle” Charlie Pierce from Esquire’s Politics on these charlatans:

Like the shingles, “centrist” Democrats lay dormant in the body until they erupt again and your face feels like it’s burning off. They all showed up at the Cafe today for lunch, and there was some whoopin’ and hollerin’ and triangulatin’ going on, I’ll tell you. I had to threaten to call the cops to stop them from dancing on the counter like scalded monkeys.

     “I have great respect for Sen. Warren – she’s a tremendous leader,” said Rep. Scott Peters (D-Calif.), one of the members working on the policy proposal. “My own preference is to create a message without bashing businesses or workers, [the latter of which] happens on the other side.” Peters said that, if Democrats are going to win back the House and Senate, “it’s going to be through the work of the New Democrat Coalition.”

Who in the fk is brother Peters, you say? Glad you asked. Among his other qualities, he’s rich as hell. So, it should be pointed out, is Senator Professor Warren. But who is advocating for policies guaranteed to take a little money out of their own fat wallet? [..]

Actually, the great American middle-class was born at a time in which the top tax rate was in the neighborhood of 90 percent, and in which financial institutions were carefully regulated, and when there was a general political consensus that public investment and a thriving middle class were good for everyone. Damn, I liked Ike. [..]

Remind me again. What was the fate of all those Democratic candidates who ran away even from this administration’s very modest efforts at moderating income inequality? Nice to see you again, Senator Lundergan Grimes.

As Richard Eskow so pointedly notes Democrats in 2010 and 2014 ran on those centrist policies and lost. Now they want to do it again in 2016. That’s not just insanity, it’s political suicide.

Shout louder, Sen. Warren. Somebody has to keep this country on a better path.

DHS: Yes, Shut It Down, Better Yet, Abolish It.

The Department of Homeland Security was created  a year after the attacks on the US by Arab militants on September 11, 2001. It was obvious to many of us that it was a knee jerk reaction to bolster the Bush administration’s new “war on terror.” that, eventually, led to the illegal overthrow of the sovereign government of Iraq and the current state of chaos in the Middle East, Near East and parts of Africa.

The newly Republican led congress decided to separate the funding for DHS from the omnibus bill to attempt to use it as a bargaining chip to block President Barrack Obama’s policies on undocumented immigrants. That has led to a stand off that may result in the shut down of most of DHS when funding runs out on Saturday.

GOP leaders are arguing that the three-week funding bill would keep the agency open. They’re also asking their members to vote to go to conference with the Senate. But Senate Democrats say they’ll refuse that request.

Without language overturning Obama’s actions, the GOP may not have the 218 votes necessary to approve the bill – especially with House Democratic leaders urging their members to vote against it.

Democrats are demanding a more permanent funding measure.

The Senate on Friday voted 68-31 to fund the department through the end of the fiscal year. That bill might pass the House, but only if GOP leaders are willing to accept a vote on legislation that would divide their party.

There are many reasons that this may not be the disaster that fear mongering politicians on both sides of the aisle are claiming. There are some who feel that after 14 years, this trillion dollar boondoggle needs to go.

In a commentary at The Guardian, Trevor Timm argues that the department is “George W Bush’s creation is too inefficient, wasteful and disrespectful of privacy to keep around. If Republicans want to shut it down, Democrats shouldn’t stop them.”

Besides the cost to American tax payers of $38.2 billion this year alone, there are these major issues with DHS:

Consider the DHS’ so-called “fusion centers”, which are little more than spying hubs that vacuum up information from federal and local authorities and store it for indefinite amounts of time. A scathing Senate report on the centers, which have cost the DHS at least $1.4 billion dollars, concluded that they produce “predominantly useless information” – one employee was quoted as calling it “a bunch of crap” – and that they also “run] afoul of departmental guidelines meant to guard against civil liberties” and are “possibly in violation of the Privacy Act”. While they’ve spied on many people who [were engaged in purely First Amendment protected activities, they’re not known to have stopped a terrorist attack.

The department has also been a treasure trove for local police departments, giving them millions in military grade gear and specialized spying equipment without accountability. This has lead to some very serious violations of the people’s constitutional rights.

For example, they have a program to hand out funds for local police to buy surveillance drones and give grants to cops for controversial Stingray surveillance devices, which are fake cell phone towers that allow the police to spy on entire neighborhoods at once.

They also have their own Predator drones program (without the missiles like in Pakistan and Yemen) that they fly along the US border as well. A government report released in January derided DHS’s Predator drones as almost entirely ineffective and a giant waste of money. The report didn’t even cover the alarming privacy concerns of having sophisticated spying machines constantly flying over large parts of the country.

Some of the harshest criticism of the DHS has come from within the agency. The Office of Intelligence and Analysis has been mocked by it’s own current and former employees for churning out “intelligence spam” and producing “almost nothing you can’t find on Google.”

The article also noted that the department was criticized for its inability to secure its own buildings from hackers let alone any other government offices and another Senate report that called the DHS cybersecurity “incompetant.” On top of that there is the department’s over paying by hundreds of thousands of dollars for border patrol housing, millions wasted on vehicles that were purchased without any internal oversight or guidelines and misuse of government credit cards for personal expenses to the tune of tens of thousands of dollars.

So if the Republicans can’t figure out how to pass a clean funding bill, the Democrats should just let the DHS close, doing the American tax payers a great favor.

Is Cuomo Covering His Corrupt Tracks?

Cross posted from The Stars Hollow Gazette

The International Business Times is reporting the New York Governor Andrew Cuomo has ordered the destruction of state government e-mails older than 90 days. Cuomo ordered this in the midst of a Federal investigation into public corruption.

In a memo obtained by Capital New York, Cuomo officials announced that mass purging of email records is beginning across several state government agencies. The timing of the announcement, which followed through on a 2013 proposal, is worth noting: The large-scale destruction of state documents will be happening in the middle of a sprawling federal investigation of public corruption in Albany. That investigation has been looking at state legislators and the Cuomo administration.

Cuomo’s move to purge state emails follows a similar move he made as state Attorney General. International Business Times confirmed that in 2007, he put in place a mass deletion policy for emails in the New York Attorney General’s office that were more than 90 days old, making it difficult for the public to know how — or whether — his office investigated bank fraud in the lead-up to the financial crisis of 2008. In the Cuomo administration’s announcement this week, the governor’s chief information officer, Maggie Miller, justified the new email purge as a cost-saving measure aimed at “making government work better.”

But former prosecutors and open-government advocates interviewed by IBTimes say the move seems designed to hide information.

According to the Capital News article, the memo (pdf) from Ms. Miller, a former Girls Scouts of America executive who was hired in December, was sent to agency heads of Friday. The article goes on tho site that over a dozen advocacy agencies sent a letter to the governor’s office (pdf) last month  arguing that the policy was out of step with federal guidelines and technologically unnecessary:

In this era, government runs on email, and access to email and electronic records has become a cornerstone of public transparency. Our groups are very concerned that the administration’s June 2013 policy of using centralized software to automatically delete state employee emails after 90 days is resulting in the destruction of emails that are considered public records under New York’s Freedom of Information Law,” wrote the groups, which were organized by Reinvent Albany. “This policy was adopted without public notice or comment. Furthermore, we are extremely concerned that the inevitable destruction of email records under your 90-day automatic deletion policy directly undermines other public accountability laws like the False Claims Act.

New York’s contract with Microsoft, which developed Office 365, allows for 50 gigabytes of e-mail storage per employee. Reinvent Albany estimated this would be enough to handle up to 30 years worth of messages. [..]

In addition to the federal seven-year standard, other states like Washington, Florida and Connecticut have retention periods of between two and five years. The Central Intelligence Agency recently proposed a three-year retention period for departing employees, and was criticized for not archiving messages for longer. Shorter retention periods are more common in corporations seeking to reduce their exposure in litigation, according to a memorandum compiled by Reinvent Albany (pdf).

After Cuomo abruptly ended his Moreland Commission that was investigating campaign finance and public corruption when it apparently got too close to his own office, US Attorney Prete Brarara began a federal probe into Albany. The timing of this order raises significant legal questions, according to Melanie Sloan, a former Clinton Justice Department official:

“This is potentially obstruction of justice,” she told IBTimes. “The only reason that the government destroys records is so no one can question what it is doing, and no one can unearth information about improper conduct. There’s no reason for New York not to preserve this information.”

Sloan said U.S. Attorney Preet Bharara, who is spearheading the Albany probe, could issue a letter to Cuomo ordering him to preserve all documents that could be relevant to the public corruption investigation. In May 2014, Bharara issued such a letter to state legislators. Bharara’s office declined to comment when asked by IBTimes if it had now issued a similar directive to Cuomo.

John Kaehny, the head of a coalition of transparency group called Reinvent Albany, said the purge order may be designed to circumvent obstruction of justice statutes that are designed to prevent deliberate document destruction.

“[The policy] may mean that you could never be accused of obstructing justice or destroying evidence because you could claim that the machine automatically deleted it,” he told IBTimes. “It creates a loophole and opportunity to destroy embarrassing emails.” [..]

Trevor Timm, executive director of the Freedom of the Press Foundation, says beyond questions about legality, the public should be concerned about how the policy may preclude journalists from reporting on state government.

“This policy will allow the Cuomo administration, in many cases, to delete newsworthy emails faster than reporters can even request them,” Timm said. “It looks like an attempt to avoid accountability.”

This lookng more and more like a cover up of Cuomo’s corruption ever since he was the state’s attorney general. Hopefully, he won’t get away with it.

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