Tag: TMC Politics

Cross posted from The Stars Hollow Gazette

Warning: The video below the fold in this article contains very disturbing pictures that may be difficult for many to watch.

It is now ten years since the the United States launched its illegal invasion of Iraq based on a string of lies about non-existent weapons of mass destruction and wild accusations of Sadaam Hussein’s connection to Al Qaeda, Osama bin Laden and 9/11, all for control of Iraq’s oil riches by one evil man, Richard “Dick” Cheney. What the US has left behind is a devastated country:

Ten years ago, Iraqis, even if they had originally opposed them, hoped that the US invasion and occupation would at least bring an end to the suffering they had endured under UN sanctions and other disasters stemming from defeat in the first Gulf War in 1991. Today, people in Baghdad complain that they still live in a permanent state of crisis because of sectarian and criminal violence, pervasive corruption, a broken infrastructure and a dysfunctional government. Many Iraqis say that what they want in 2013 is the same as what they wanted in 2003, which is a visa enabling them to move to another country, where they can get a job.

But even worse, the US left a health care crisis that will last for generations, not just the lack of care and hospitals but a legacy of horrific birth defects and cancer that has been caused by depleted uranium (DU) contamination. DU, along with lead and mercury, was contained in the armor plating and ammunition used in attacks in Iraq and Afghanistan. The high rates of double and triple cancers, as well as miscarriages, still births and bizarre birth defects, in the cities of Basra and Falluja, have been blamed on DU by researchers. A study published in the Bulletin of Environmental Contamination and Toxicology (pdf) that focused on maternity hospitals in the cities of Basra and Fallujah opens with this stunning paragraph:

Between October 1994 and October 1995, the number of birth defects per 1,000 live births in Al Basrah Maternity Hospital was 1.37. In 2003, the number of birth defects in Al Basrah Maternity Hospital was 23 per 1,000 livebirths. Within less than a decade, the occurrence of congenital birth defects increased by an astonishing 17-fold in the same hospital.  A yearly account of the occurrence and types of birth defects, between 2003 and 2011, in Al Basrah Maternity Hospital, was reported. Metal levels in hair, toe-nail, and tooth samples of residents of Al Basrah were also provided. The enamel portion of the deciduous tooth from a child with birth defects from Al Basrah (4.19 lg/g) had nearly three times higher lead than the whole teeth of children living in unimpacted areas. Lead was 1.4 times higher in the tooth enamel of parents of children with birth defects (2,497± 1,400 lg/g, mean±SD) compared to parents of

normal children (1,826± 1,819 lg/g).

The article concludes:

Present knowledge on the effects of prenatal exposure to metals, combined with our results, suggests that the bombardment of Al Basrah and Fallujah may have exacerbated public exposure to metals, possibly culminating in the current epidemic of birth defects. Large-scale epidemiological studies are necessary to identify at-risk populations in Iraq. The recognition that birth defects reported from Iraq are mainly folate-dependent offers possible treatment options to protect at-risk populations.

From Mike Ludwig at Truthout, there are currently over 300 contaminated sites that are in need of decontamination.

In 2012, European researchers visited a scrap metal site in Al Zubayr, an area near Basrah in southern Iraq. A local police officer told them that the site had at one time held military scrap metal from the bloody battles waged during the American invasion. A local guard told the researchers that children had been seen playing on the scrap during that time, and both adults and children had worked disassembling the military leftovers. At one point, the guard said, members of an international organization with equipment and white suits showed up, told guards that the site was very dangerous and “quickly ran off.” [..]

There are between 300 and 365 sites where depleted uranium contamination was identified by Iraqi authorities the years following the 2003 US invasion, with an estimated cleanup cost of $30 million to $45 million, according to a report recently released by IKV Pax Christi. Iraqi authorities are currently cleaning up the sites, mostly located in the Basrah region, and 30 to 35 sites still need to be decontaminated.

Cross posted from The Stars Hollow Gazette

Cyrus banks will remain closed until Tuesday as the government of Pres. Nicos Anastasiades struggles to find away to avert a banking failure and withdrawal from the euro.

Crisis talks among the political leadership in Nicosia are set to resume on Thursday after late-night meetings to discuss a “Plan B” broke up on Wednesday without result.

EU officials voiced frustration but little sympathy for an ambitious but now bust banking system that extended itself well beyond the island; Russia, whose citizens have billions to lose in those Cypriot banks, called the EU a “bull in a china shop”. [..]

Finance Minister Michael Sarris extended a stay in Moscow, where Russian officials said he asked for a further 5 billion euros on top of a five-year extension and lower interest on an existing 2.5-billion euro loan from Moscow.

According to Yves Smith at naked capitalism not all of Cyprus’ banks are in the same shape and “the back story is complicated”

It’s key to understand that this crisis was created by the Troika. Cyprus asked for a bailout nine months ago and the deadline is a bond payment this June. And while it has become fashionable to pin the blame for this mess on Cyprus, the backstory is more complicated. From Cyprus.com:

   Not all the banks are in the same condition.

   (a) Cyprus has two money-center type banks: Laiki (Popular) Bank and Bank of Cyprus.

   (b) Laiki was purchased by a Greek vehicle (Marfin Investment Group) backed by Gulf money. Marfin’s purchase of Laiki took Laiki from being a fairly conservative local bank to being highly exposed to Greece. Laiki is definitely insolvent and needs to be restructured.

   (c) Bank of Cyprus has been more conservative vis-a-vis Greece, but still has meaningful exposure. It is conceivable that, given time, Bank of Cyprus could survive.

   (d) Beyond the main two banks, there is Hellenic Bank (a much smaller bank with much less Greek exposure), Cyprus Development Bank (no Greek exposure), the Co-ops (no Greek exposure) and the Cyprus subsidiaries of foreign banks (aka, Russian, English, etc banks), also with no Greek exposure.

   (e) All the local oriented banks (BoC, Laiki, Hellenic, Coops) have exposure to the local real estate market that went through a bubble during the 2000-2009 period. This exposure however is not short-term and could be resolved over the period of years. It is a problem, not a crisis, and is offset by the fact that the two main banks have quasi-monopolistic earnings power locally. Given the time and some financial represssion (a la the United States) and the local issues would be manageable.

In other words, the bank that is the epicenter of the problem was driven into the ditch by foreign buyers. Now admittedly, the local bank supervisors did nothing to stop that, but can you point to a single national bank regulator (ex the Canadians) that put much in the way of constraints on their banks prior to the crisis.

Paul Krugman’s take on this:

Still trying to wrap my head around the Cyprus situation; what makes it so interesting (as in “may you live in interesting times”) is the role of the island as a tax, regulation, and law enforcement haven.

It’s not just about the Russian connection, but that connection is really huge. Here’s another metric: Cyprus is, according to official figures, the largest single foreign direct investor in Russia – this from an economy roughly the same size as metropolitan Scranton PA. What’s that about? The FT explained it a while back: [..]

And a key aspect of the current mess is that the Cypriot government isn’t willing to give up this business. That’s why solutions like converting large deposits into CDs haven’t been on the table; once round-tripping Russians know that they can find their money trapped for long periods, they’ll go find another treasure island.

Stay tuned for more to come.

Cross posted from The Stars Hollow Gazette

On MSNBC’s the “Last Word, Lawrence O’Donnell looked back at many of the voices who where for and against the invasion of Iraq. He said that those who were advocating for the war got it “wrong.” Well, Lawrence O’Donnell got it wrong because Pres. George W. Bush, Vice Pres. Dick Cheney, Secretary of State Donald Rumsfeld, at the time National Security Advisor Condoleeza Rice and Secretary of State Colin Powell weren’t “wrong,” they lied. They lied to Congress, the press, the world and us.

They knew they were lying. They knew there were no weapons of mass destruction, no nuclear program, no connection to 9/11, Osama bin Laden or Al Qaeda. They exposed a CIA agent and her operation that was tracking Iran’s nuclear program in order to discredit her husband who said there was no evidence of a nuclear program. We will never know what happened to the people who were working with her in that operation.

They have gotten away with the worst war crime of the 21st century and, perhaps, in the history of this country. Shame on them, shame on Congress and the Justice Department for not doing its due diligence and shame on us for not demanding they be held accountable.

I’m not ready to make nice

Cross posted from The Stars Hollow Gazette

Last week the House of Representatives killed a proposal that would have raised the minimum wage tp $10.10 an hour over two years. It failed with not one Republican vote in favor and six Democrats voting against it, as well. In an article for the Los Angeles Times, David Horsey says that while both Democratic and Republican politicians express concern for the middle class, they have failed miserably to address the growing class divide in the Unites States.

As politicians in Washington slam one another over competing budget priorities, most avoid facing up to the disturbing question behind all the numbers: Is the American Dream temporarily stalled or permanently kaput? [..]

This is not the country we like to think we are and it is not the country our political leaders are willing to admit they have helped create. Thirty years of catering to Wall Street, big business and the U.S. Chamber of Commerce has not boosted the American economy the way it was meant to do. Yes, the financial industry and giant corporations are awash in wealth, but they are not hiring more workers, they are not paying better pay, they are not enhancing benefits, they are not sharing the wealth. On the contrary, the typical American is working much harder for worse compensation. He or she is paying a bigger share of the healthcare bill and has no pension plan waiting at the end of the line.

This is an all-American crisis bigger than the deficit or the war on terrorism, but no one seems ready to take it on.

Mr. Horsey notes a rundown of the facts about today’s American economy by economics columnist Jon Talton:

• Worker productivity has increased nearly 23% since 2000, but hourly wages rose a pitiful 0.5% in that period.

• Taking a longer view back to 1973, productivity is up 80% between now and then, but pay is up only 11%.

• People at the bottom of the wage scale are earning less now than similar workers in 1979.

• Employees in the middle of the wage scale are getting 6% more than in 1979, but all that increase happened in the 1990s.

• High earners, meanwhile, are making 37% more than back in the 1970s, and the much-talked-about folks in the top 1% have enjoyed a 131% increase in earnings.

In his article, Mr. Talton furthers concludes:

This reality is at complete odds of our self-image as the Land of Opportunity. It is also a change from a previous America. We’ve been losing ground. Some reasons are obvious, others are complex. Many are familiar to readers of this column, and a few are the subject of sharp debate.

Globalization, offshoring and technology have decimated the old blue-collar middle class. The economy has shifted to service jobs that not only tend to pay less but are increasingly part time and temporary. [..]

Whatever the causes, little is being done to correct our trajectory into historic high inequality that is greater than other advanced nations.

Things may have to get worse before change happens. One thing is clear: Our situation is unsustainable and un-American.

Economist Richard Wolff joins Bill to shine light on the disaster left behind in capitalism’s wake, and to discuss the fight for economic justice, including a fair minimum wage. A Professor of Economics Emeritus at the University of Massachusetts, and currently Visiting Professor in the Graduate Program in International Affairs of the New School. [..]

“We have this disparity getting wider and wider between those for whom capitalism continues to deliver the goods by all means, [and] a growing majority in this society facing harder and harder times,” Wolff tells Bill. “And that’s what provokes some of us to begin to say it’s a systemic problem.”

Cross posted from The Stars Hollow Gazette

The Cyprus Parliament has rejected the European Union’s bail out deal that would have imposed a hefty one time tax on all deposits to raise  €5.8 billion of the total €10 billion bailout cost. The original terms of the bailout called for a one-time tax of 6.75 percent on deposits of less than €100,000, or $129,000, and a 9.9 percent tax on holdings of more than €100,000.

NICOSIA – The Cypriot Parliament on Tuesday overwhelmingly repudiated a €10 billion international bailout package that would have set an extraordinary precedent by taxing ordinary depositors to pay part of the bill.  The lawmakers sent President Nicos Anastasiades back to the drawing board with international bailout negotiators to devise a new plan that would allow the country to receive a financial lifeline and avoid the specter of a devastating default that would reignite the euro crisis.

Lawmakers rejected the plan with 36 voting no and 19 abstaining arguing that it would be unacceptable to take money from account holders. Some in the opposition party even suggested abandoning a European Union bailout altogether and appealing to Russia or China to lend Cyprus the funds it needs to keep the economy and its banks afloat.

The deal was brokered last week with Cypriot President Nicos Anastasiades in a meeting at a European Union summit in Brussels. According to reports in The Guardian, the newly elected president was literally “sucker punched” by  the International Monetary Fund, the European Commission, and the European Central Bank as it sought to broker a bailout for its ailing banks:

(..) (T)he centre-right Cypriot leader was given a 12-hour stay of execution until the early hours of Saturday on what, highly conveniently, was a Cyprus bank holiday weekend. He went home with a €10bn euro bailout and a eurozone taboo-busting obligation to expropriate every saver in every bank in Cyprus. [..]

It was not the two-day summit that decided to confiscate savers’ money for the first time in more than three years of currency, banking and sovereign debt crisis. Rather, the Dutch finance minister Jeroen Dijsselbloem called an emergency session of the eurogroup in the same drab building in Brussels to kick off on Friday just as the leaders were heading for the airport. [..]

The key players were Wolfgang Schaeuble, the German finance minister, his former deputy, Jörg Asmussen, from the ECB, Christine Lagarde of France for the IMF, and Finland’s Rehn from the commission.

Anastasiades lingered in the building, but did not take part in the meeting which began at 4.30pm on Friday and ended with a bombshell – under the terms of the bailout he would need to find €5.8bn by raiding bank accounts.

Needless to say the reaction of the Cypriots was predictable with attempts to withdraw as much cash from ATM’s which were quickly emptied over the weekend. The banks were ordered to keep the cash machines replenished even though the banks would remained closed until Thursday. There were worries in other EU member states that depositors would start pulling savings from accounts, particularly Italy, Spain and Greece where the economic conditions are still uncertain.

The market reactions on Monday were predictable, they fell. While the Asian market today was fairly stable on the plus side, the European market fell. On Wall Street, the S&P and NASDAQ fell while the DOW which was in the red most of the day had a late rally to end the day with a 0.03% gain, hardly impressive.

At Reuters, Felix Salmon presented an alternative solution that designed the godfather of sovereign debt restructuring by Lee Buchheit, “the godfather of sovereign debt restructuring,” and Mitu Gulati of Duke University, in a three page paper:

First, leave all deposits under €100,000 untouched. Hitting those deposits was by far the biggest mistake of the Cyprus plan as originally envisaged, and everybody would be extremely happy if guaranteed depositors could be kept whole.

Second, term out everybody else by five years, or ten if they prefer.

That’s it! That’s the whole plan, and it’s kinda genius. If you have bank deposits of more than €100,000, they will be converted into bank CDs, with a maturity of either five years or 10 years – your choice. If you pick the longer maturity, then your CD will be secured by future Cypriot gas revenues, which could amount to hundreds of billions of dollars.

And if you have sovereign bonds, they too will be termed out by five years, giving Cyprus a bit of breathing room to get its act together.

According the paper, this plan would reduce the size of the bailout by more that the €5.8 while not touching anyone’s principle. There would still be a “present value haircut” to accounts over €100,000 but that is going to happen in any bailout scenario.

Cyprus has long been a money stashing haven for Russian oligarchs who have over €20 billion in the banks, nearly one third of all deposits.  

This was an unprecedented move by the EU to force regular depositors and, rightly, the outrage was justified, immediate and predicted. Even Paul Krugman was predicting bank runs. That question looms large:

if the taxpayers of the rich northern members of the eurozone are going to force a country that represents only 0.2% of the club’s GDP to part-finance their own bailout, will they be any more generous when it comes to some of the big-country members such as Italy and Spain that might be next in line? And in the event that the Italians and the Spanish get an inkling that a bailout is looming, won’t they immediately withdraw all their euros immediately, triggering a bank run?

The question now is what next? Will the Russians or Chinese come to the aid of Cyprus to protect their citizens deposits? Can they afford to? Will Cyprus withdraw from the EU and risk the failure of its banks? Can a tiny island nation of 1.1 million be the downfall of the euro?

Stand by, as events will happen very fast to avert a global monetary disaster.

Cross posted from The Stars Hollow Gazette

Like the tale of the three bears, the congressional budget battle has three budget proposals one from the House Republicans penned by Rep. Paul Ryan (R-WI), chair of the House Budget Committee; another from the Senate Democrats that was worked out by Sen. Patty Murray (D-WA), chair of the Senate Budget Committee; and a third called the “Back to Work” budget presented by the Congressional Progressive Caucus. Each one has is proponents and opponents and, like that bear tale, it has one that’s too hard, one that’s too soft and one that’s just right.

Paul Ryan’s budget, which is getting the most press, the most negative reaction and is “dead on arrival” so to speak, is a rehash of his last two budgets only worse. The proposal would slash Medicare, Medicaid and repeals Obamacare, which even Fox News host Chris Wallace acknowledges, isn’t happening. It proposes balancing the federal budget with the usual draconian cuts to all non-defense spending and reduction of the already smaller federal work force by another 10%. The Ryan proposal would slash $4.6 trillion over 10 years. The budget plan includes no cuts in Social Security. Pres. Obama has suggested changing an inflation measurement to cut more than $100 billion from the program, which makes no sense since Social Security does not contribute to the debt or the deficit.

The there is the Senate Budget proposal which the Republican leadership insisted the Democrats produce even though, constitutionally, all budget and spending bills must originate in the House. That budget  would seek $975 billion in spending reductions over the next 10 years as well as $975 billion in new tax revenue, which Sen. Murray said would be raised by “closing loopholes and cutting unfair spending in the tax code for those who need it the least.” It includes a $100 billion in spending on infrastructure repair and educational improvements and the creation of a public-private infrastructure bank.

Then there is that third budget proposal from the House Progressive Caucus that is just right balance of spending, revenue increases and spending cuts. The basic plan is the put Americans back to work, by as Ezra Klein explains fixing the jobs crisis:

It begins with a stimulus program that makes the American Recovery and Reinvestment Act look tepid: $2.1 trillion in stimulus and investment from 2013-2015, including a $425 billion infrastructure program, a $340 billion middle-class tax cut, a $450 billion public-works initiative, and $179 billion in state and local aid. [..]

Investment on this scale will add trillions to the deficit. But the House Progressives have an answer for that: Higher taxes. About $4.2 trillion in higher taxes over the next decade, to be exact. The revenues come from raising marginal tax rates on high-income individuals and corporations, but also from closing a raft of deductions as well as adding a financial transactions tax and a carbon tax. They also set up a slew of super-high tax rates for the very rich, including a top rate of 49 percent on incomes over $1 billion.

But to the House Progressives, these taxes aren’t just about reducing the deficit – though they do set debt-to-GDP on a declining path. They’re also about reducing inequality and cutting carbon emissions and slowing down the financial sector. They’re not just raising revenues, but trying to solve other problems. But they might create other problems, too. Adding this many taxes to the economy all at once is likely to slow economic growth.

As for the spending side, there’s more than $900 billion in defense cuts, as well as a public option that can bargain down prices alongside Medicare. But this budget isn’t about cutting spending. Indeed, the House Progressives add far more spending than they cut.

On Sunday’s Up w/ Chris Hayes, host Chris Hayes discussed the various budget proposals released by Republicans and Democrats in Congress this week with his guests Representative Kyrsten Sinema (D-AZ); Representative Jerrold Nadler (D-NY); Sam Seder, host of The Majority Report, co-host of Ring of Fire; and Heidi Moore, economics and finance editor for The Guardian newspaper.

In this week’s segment of MSNBC’s Up with Chris Hayes “What We Now Know, Up host Chris Hayes discusses his new show week nights at 8 PM on MSNBC. He tells us the that “Up” will continue with a new host to be announced in the next few days. Congratulations, Chris, kick butt.

What we have learned this week is discussed with guests Ben Jealous, president and CEO of NAACP; Nancy Huehnergarth, nutritional advocate and policy consultant, contributor to the Huffington Post; New York City Council Member Letitia James, a member of the Working Families Party representing parts of Brooklyn, and a candidate for public advocate; and Monifa Bandele, campaign director with MomsRising.org.

FDIC Secretly Settling Bank Cases For Years With ‘No Press Release’ Clause: Report

from Huffington Post

At the request of rule-breaking bankers, a top U.S. regulator has for years settled bank cases in secret, raising the bar on just how far regulators are willing to go to help the industry they regulate.

The Federal Deposit Insurance Corp., which insures bank deposits in the U.S. and shuts down failing banks, has since 2007 repeatedly settled charges of banker wrongdoing by agreeing to “no press release” clauses that keep the settlements a secret, the Los Angeles Times reports.

In one particularly glaring example, Deutsche Bank agreed to pay $54 million to quietly settle charges that its New York mortgage-banking subsidiary, MortgageIT, sold bad loans to another mortgage bank, Independent National Mortgage Corporation, a/k/a “IndyMac.” IndyMac collapsed under the weight of bad mortgage loans in July 2008, a notable milestone in the financial crisis.

In exchange for the settlement, the FDIC agreed not to announce the deal unless it was asked about it, the LAT writes. That was just one of “scores” of such settlements the LAT discovered through a Freedom of Information Act request that turned up 1,600 pages of documents.

State Department report OK’ing Keystone XL linked to oil industry

by Natasha Lennard, Salon

Consulting firms with ties to oil giants provided the basis of government document

The State Department study published last month OK’ing the Keystone XL pipeline was partly compiled by “oil-industry connected” firms, according to new reports.

The Environmental Impact Statement, as Salon noted on its release, angered environmentalists for its assessment that the project was sound and would have limited negative consequences. As DeSmog Blog’s Steve Horn noted Tuesday, however, “Unmentioned by State: the study was contracted out to firms with tar sands extraction clientele, as revealed by InsideClimate News.”

InsideClimate News reported that two firms, EnSys Energy and ICF International provided the State Department that basis for their claims:

   The State Department’s recent conclusion that the Keystone XL pipeline “is unlikely to have a substantial impact” on the rate of Canada’s oil sands development was based on analysis provided by two consulting firms with ties to oil and pipeline companies that could benefit from the proposed project.

   EnSys Energy has worked with ExxonMobil, BP and Koch Industries, which own oil sands production facilities and refineries in the Midwest that process heavy Canadian crude oil. Imperial Oil, one of Canada’s largest oil sands producers, is a subsidiary of Exxon.

   ICF International works with pipeline and oil companies but doesn’t list specific clients on its website. It declined to comment on the Keystone, referring questions to the State Department.

NFL’s Sexual Orientation Concern Must Be Addressed, Says NY AG Eric Schneiderman

by Michael Gormley, Huffington Post

ALBANY, N.Y. – New York Attorney General Eric Schneiderman urged the NFL on Thursday to investigate whether possible draft picks were improperly asked about their sexual orientation during the league’s combine, which he said would be illegal in New York.

“We ask that the league immediately issue a statement that any form of discrimination or harassment on the basis of sexual orientation by league teams or players against potential recruits or players constitutes a violation of state, local and, in some cases, contractor law and will not be tolerated,” Schneiderman said in a letter dated Thursday and released to news organizations.

Schneiderman asked NFL Commissioner Roger Goodell to call him by next Wednesday to schedule a meeting on the matter.

NFL spokesman Greg Aiello said the league was already looking into the issue and would discuss it at its meeting next week in Phoenix.

Cross posted from The Stars Hollow Gazette

Apparently a federal court of appeals didn’t think that the Department of Justice’s argument that the CIA had no “intelligence interest” in drone strikes carried out by the United States government and the refusal to even admit in court that the program exists, was either believable or plausable. That nonsense ended today. The US Court of Appeals for the District of Columbia ruled today in favor of the American Civil Liberties Union request for information about the CIA’s drone program.

CIA Drone Strikes Case: Court Finds It Not ‘Plausible’ That Agency Has No Role

by Ryan J. Reilly, Huffington Post

WASHINGTON — A federal appeals court has reversed a lower court’s decision (pdf) that dismissed a Freedom of Information Act lawsuit against the CIA, ruling on Friday that it was neither “logical nor plausible” for the government to contend the agency had no interest in drone strikes.

“It is hard to see how the CIA Director could have made his Agency’s knowledge of — and therefore ‘interest’ in — drone strikes any clearer,” the ruling states. “And given these statements by the Director, the President, and the President’s counterterrorism advisor, the Agency’s declaration that ‘no authorized CIA or Executive Branch official has disclosed whether or not the CIA … has an interest in drone strikes,’ … is at this point neither logical nor plausible.”

Court Rejects CIA’s Drone Secrecy Arguments Because Obama, Brennan & Panetta Made Statements

by  Kevin Gosztola, FDL The Dissenter

Judge Merrick B. Garland wrote in the decision the question before the court was whether it was “logical or plausible” for the “CIA to contend that it would reveal something not already officially acknowledged to say that the Agency ‘at least has an intelligence interest’ in” drone strikes.

“Given the extent of the official statements on the subject, we conclude that the answer to that question is no.”

A statement by President Barack Obama, made during a Google+ Hangout in January 2012, statements from then-counterterrorism adviser John Brennan during a speech at the Woodrow Wilson Center on April 30, 2012, and remarks made by then-CIA director Leon Panetta at the Pacific Council on International Policy in 2009 were all cited as “official acknowledgments that the United States has participated in drone strikes.” The acknowledgments made it implausible and illogical for the CIA to maintain “that it would reveal anything not already in the public domain to say that the Agency ‘at least has an intelligence interest’ in such strikes.”

“The defendant is, after all, the Central Intelligence Agency,” wrote Garland.

As the judge noted, Obama has “publicly acknowledged that the United States uses drone strikes against al Qaeda.” Brennan made statements that left no doubt that “some agency” operates drones. “It strains credulity to suggest that an agency charged with gathering intelligence affecting the national security does not have an ‘intelligence interest’ in drone strikes, even if that agency does not operate the drones itself.”

This is the press release from the ACLU:

DC Appeals Court Rejects CIA’s Secrecy Claims in ACLU’s Targeted Killing FOIA Lawsuit

Court Rules that CIA Cannot Deny “Interest” in Drone Program



March 15, 2013

FOR IMMEDIATE RELEASE

CONTACT: (212) 549-2666; [email protected]

WASHINGTON – A federal appeals court ruled today that the Central Intelligence Agency cannot deny its “intelligence interest” in the targeted killing program and refuse to respond to Freedom of Information Act requests about the program while officials continue to make public statements about it.

“This is an important victory. It requires the government to retire the absurd claim that the CIA’s interest in the targeted killing program is a secret, and it will make it more difficult for the government to deflect questions about the program’s scope and legal basis,” said ACLU Deputy Legal Director Jameel Jaffer, who argued the case before a three-judge panel of the D.C. Circuit Appeals Court in September. “It also means that the CIA will have to explain what records it is withholding, and on what grounds it is withholding them.”

The ACLU’s FOIA request, filed in January 2010, seeks to learn when, where, and against whom drone strikes can be authorized, and how and whether the U.S. ensures compliance with international law restricting extrajudicial killings. In September 2011, the district court granted the government’s request to dismiss the case, accepting the CIA’s argument that it could not release any documents because even acknowledging the existence of the program would harm national security. The ACLU filed its appeal brief in the case exactly one year ago, and today the appeals court reversed the lower court’s ruling in a 3-0 vote.

“We hope that this ruling will encourage the Obama administration to fundamentally reconsider the secrecy surrounding the targeted killing program,” Jaffer said. “The program has already been responsible for the deaths of more than 4,000 people in an unknown number of countries. The public surely has a right to know who the government is killing, and why, and in which countries, and on whose orders. The Obama administration, which has repeatedly acknowledged the importance of government transparency, should give the public the information it needs in order to fully evaluate the wisdom and lawfulness of the government’s policies.”

Today’s ruling is at: aclu.org/national-security/drone-foia-appeals-court-ruling

Cross posted from The Stars Hollow Gazette

Here we are again, talking about filibuster reform. Despite the insistence of Majority Leader Harry Reid (D-NV), it ain’t fixed by any stretch of your imagination. It wasn’t Sen. Rand Paul (R-KY) and his 13 hour filibuster of CIA Director John Brennan’s nomination that set this off but the blocking of a qualified appointments by using the same cloture tactic that has been applied to stop nearly everything productive out of the Senate. The Democratic leadership has no one to blame but themselves and now they are scrambling to fix this disaster.

Top Democrats Badly Blew It on the Filibuster

by Earl Ofari Hutchinson, Huffington Post

Supposedly, the saving grace in all this is that in 2014 and beyond, Democrats might lose their majority in the Senate to the GOP and then they’ll need the filibuster as their weapon to hold the GOP in check from riding roughshod over the Obama administration in getting its legislative initiatives through. But this is all guesswork and sophistry in trying to predict the future. The reality is that in the two years that the Democrats hold their Senate majority until January 2015 there will be countless numbers of presidential nominations that need to be approved, and crucial legislation from budget bills to immigration reform proposals that the Obama administration and Democrats will be pushing. And even if the GOP does take majority control of the Senate in January 2015, there’s absolutely no guarantee that it won’t simply rewrite the rules to do what Reid didn’t do, and that’s sharply limit how and when the filibuster can be used. The loser would still be the Democrats, because that’s who the GOP would target. [..]

In the meantime, the filibuster with all of its terrifying potential to delay or style effective legislation and the confirmation of Obama nominees that have been trapped in limbo for months, even years, remains in full play. Here’s a final stat to drive home just how terrifying and damaging it has been. Since 2007, according to the Senate Historical Office, Democrats have had to end Republican filibusters more than 360 times. That is a record. With Obama in the White House for three more years, the GOP, thanks to the failure of top Democrat’s to do something about it, may even break that record.

Senate Dems Weigh Consequences For GOP Filibusters Of Key Nominees

by Brain Beutler, Talking Points Memo

Senate Democratic leaders have engaged in preliminary discussions about how to address Republican procedural obstruction, according to a senior Democratic aide, reflecting an awareness that key administration and judicial vacancies might never be filled, and that a watered-down rules reform deal the parties struck early this Congress has failed. [..]

The source said conversations are still too preliminary for Democrats to lay out publicly potential avenues of recourse just yet. And the last thing leaders want is to create the expectation that they will change the filibuster rules in the middle of the current Senate session. But they are occurring in the wake of a series of GOP filibusters of top nominees, including a cabinet secretary (Chuck Hagel), the CIA director (John Brennan), and a federal judicial nominee (Caitlin Halligan) whom Republicans have effectively blocked from confirmation to the D.C. Circuit Court of Appeals for years.

Elizabeth Warren Slams Republicans For Filibustering Consumer Protection Agency Chief

by Sahil Kapur, Talking Points Memo

“From the way I see how other agencies are treated, I see nothing here but a filibuster threat against Director Cordray as an attempt to weaken the consumer agency,” she said at a Senate Banking Committee hearing on the CFPB nomination. “I think the delay in getting him confirmed is bad for consumers, it’s bad for small banks, it’s bad for credit unions, it’s bad for anyone trying to offer an honest product in an honest market.

“The American people,” Warren said, “deserve a Congress that worries less about helping big banks and more about helping regular people who have been cheated on mortgages, on credit cards, on student loans, on credit records.” [..]

“What I want to know is why, since the 1800s, have there been agencies all over Washington with a single director, including the OCC, but unlike the consumer agency, no one in the U.S. Senate has held up confirmation of their directors demanding that the agency be redesigned,” Warren said.

“What I want to know is why every banking regulator since the Civil War has been funded outside the appropriations process but unlike the consumer agency no one in the United States Senate has held up confirmation of their directors demanding that that agency or those agencies be redesigned.”

Now the president decides to get involved.

Obama To Senate Dems: We Need Solution To GOP’s Confirmation Filibusters

by Brian Beutler, Talking Points Memo

n a closed door lunch meeting with Senate Democrats on Tuesday, President Obama expressed his frustration with Republican slow-walking and filibustering of key nominees, and urged them to address the issue, according to a senior Senate Democratic aide. [.]

The White House official said Obama “made it clear that it was a priority – particularly with judges and asked for more help identifying nominees and getting them passed.”

Though some of his supporters complain the administration has been slow to name people to fill judicial vacancies, Republicans have blocked or slow-walked the confirmation many of the people he has nominated.

Pres. Obama may may have another motivation to push for filibuster reform with the threats from Independent Vermont Sen. Bernie Sanders to filibuster any cuts to entitlements.

Cross posted http://www.thestarshollowgazet… from The Stars Hollow Gazette

The Freedom of the Press Foundation Press, an organization “dedicated to press freedom and transparency in a digital age,” released an audio recording of Pvt. Bradley Manning reading a statement he made in military court at Fort Meade on February 28 about releasing United States government documents to WikiLeaks. Glenn Greenwald, one of the founders of FPF, had this to say at The Guardian about the audio tape:

The court-martial proceeding of Bradley Manning has, rather ironically, been shrouded in extreme secrecy, often exceeding even that which prevails at Guantanamo military commissions. This secrecy prompted the Center for Constitutional Rights to commence formal legal action on behalf of several journalists and activists, including myself, to compel greater transparency. One particularly oppressive rule governing the Manning trial has barred not only all video or audio recordings of the proceedings, but also any photographs being taken of Manning or even transcripts made of what is said in court. Combined with the prohibition on all press interviews with him, this extraordinary secrecy regime has meant that, in the two-and-a-half years since his arrest, the world has been prevented, literally, from hearing Manning’s voice. That changes today.

The Freedom of the Press Foundation (FPF), the group I recently helped found and on whose board I sit, has received a full, unedited audio recording of the one-hour statement Manning made in court two weeks ago, and this morning has published that recording in full.

The Guardian published the full text of the statement as it was transcribed bu independent journalist Alexa O’Brian who has been covering the pre-trial hearings. Here also is the unclassified redacted statement in a pdf file.

Daniel Ellsbreg, who leaked the Pentagon Papers to the New York Times, joined Amy Goodman on Democracy Now to discuss the audio of the statement:

“What we’ve heard are people like The New York Times who have consistently slandered him … that he was vague and couldn’t think of specific instances that had led him to inform the American people of injustices,” Ellsberg says. “The American people can now, for the first time, hear Bradley in his own words, emotionally and in the greatest specific detail, tell what it was that he felt that needed revelation.”

A Salute to Bradley Manning, Whistleblower, As We Hear His Words for the First Time

by Daniel Ellsberg

Today, the Freedom of the Press Foundation, an organization that I co-founded and of which I’m on the board, has published an audio recording of Bradley Manning’s speech to a military court from two weeks ago, in which he gives his reasons and motivations behind leaking over 700,000 government documents to WikiLeaks.

Whoever made this recording, and I don’t know who the person is, has done the American public a great service. This marks the first time the American public can hear Bradley Manning, in his own voice explain what he did and how he did it.

After listening to this recording and reading his testimony, I believe Bradley Manning is the personification of the word whistleblower. [..]

For the third straight year, Manning has been nominated for the Noble Peace Prize by, among others, Tunisian parliamentarians. Given the role the WikiLeaks cables played in the Arab Spring, and their role in speeding up the end of the Iraq War, I can think of no one more deserving who is deserving of the peace prize.

I see a hero in these wars whose example should inspire others. His name Bradley Manning.

Cross posted from The Stars Hollow Gazette

Democracy Now‘s Amy Goodman wrote in The Guardian that Americans should be ashamed that Rand Paul and the radical Tea Party Republicans were the only ones talking about drone executions.

Members of Congress, tasked with oversight of intelligence and military matters, have repeatedly demanded the memoranda from the White House detailing the legal basis for the drone program, only to be repeatedly denied. The nomination of Brennan has opened up the debate, forcing the Obama administration to make nominal gestures of compliance. The answers so far have not satisfied Senator Paul. [..]

The issue of extrajudicial execution of US citizens, whether on US soil or elsewhere, is clearly vital. But also important is the US government’s now-seemingly routine killing of civilians around the world, whether by drone strikes, night raids conducted by special operations forces or other lethal means. [..]

Barack Obama and John Brennan direct the drone strikes that are killing thousands of civilians. It doesn’t make us safer. It makes whole populations, from Yemen to Pakistan, hate us. Senator Paul’s outrage with the president’s claimed right to kill US citizens is entirely appropriate. That there is not more outrage at the thousands killed around the globe is shameful … and dangerous.

For a thoughtful discussion of the Awlaki assassinations and the president’s claim that he can legally do so, Ms. Goodman was joined by Scott Shane, national security reporter for The New York Times and, in the second video, Jesselyn Radack, National Security & Human Rights director at the Government Accountability Project .

As John Brennan is confirmed to head the CIA, we examine one of the most controversial U.S. targeted killings that occurred during his time as Obama’s counterterrorism adviser: the killing of Anwar al-Awlaki. The U.S.-born cleric died in a U.S. drone strike in September 2011, along with American citizen Samir Khan. Al-Awlaki’s 16-year-old son, Abdulrahman, was also killed in a separate drone strike just weeks later. On Sunday, The New York Times published a major front-page article on the killing of Anwar al-Awlaki called “How a U.S. Citizen Came to Be in America’s Cross Hairs.” The New York Times‘ Scott Shane, one of the reporters on the piece, joins us from Washington, D.C. includes rush transcript

The New York Times’ front-page account of the U.S. assassination of Anwar al-Awlaki has drawn criticism from critics of the Obama administration’s targeted killings overseas. In a joint statement, the American Civil Liberties Union and the Center for Constitutional Rights called the story “the latest in a series of one-sided, selective disclosures that prevent meaningful public debate and legal or even political accountability for the government’s killing program.” We discuss the article and the White House assassination program with two guests: Scott Shane, national security reporter at The New York Times, and Jesselyn Radack, National Security & Human Rights director at the Government Accountability Project and former legal ethics adviser at the Justice Department. includes rush transcript

From Marcy Wheeler at emptywheel in which she shreds the NYT’s article and its authors:

Anwar al-Awlaki Is the New Aluminum Tube

Mark Mazzetti, Charlie Savage, and Scott Shane team up to provide the government’s best case – and at times, an irresponsibly credulous one – for the killing of Anwar al-Awlaki and the collateral deaths of Samir Khan and Abdulrahman al-Awlaki.

Yet even in a 3,600 word story, they don’t present any evidence against the senior Awlaki that was fresher than a year old – the October 2010 toner cartridge plot – at the time the Yemeni-American was killed. (I’m not saying the government didn’t have more recent intelligence; it just doesn’t appear in this very Administration-friendly case.) Not surprisingly, then, the story completely ignores questions about the definition of “imminent threat” used in the OLC memo and whether Awlaki was an “imminent” threat when he was killed. [..]

Moreover, the case they do present has various weaknesses.

The “linked in various ways” standard for killing Americans

The story provides a fair amount of space to Awlaki’s celebration of the Nidal Hasan attack (though it does make it clear Awlaki did not respond enthusiastically to Hasan’s queries before the attack). [..]

It uses far vaguer language to describe Awlaki’s role in the Faisal Shahzad and toner cartridge plots.

NYT doesn’t care about problems with the Abu Tarak explanation

Which leaves the UndieBomb attack as the sole attack in which the NYT presents evidence about Awlaki’s direct role. But there’s a problem with their claims there, too. [..]

NYT finally finds a WikiLeaks cable it doesn’t like!

There’s one other really irresponsible piece to this story. [..]

It is our job, and that of Congress, to ask these questions and hold the president responsible for violations of our civil liberties.

Cross posted from The Stars Hollow Gazette

Once again Sen. Elizabeth Warren demonstrated why the voters of Massachusetts sent her to the Senate when in a Senate Banking Committee hearing about money laundering, she questioned why British bank HSBC is still doing business in the U.S., with no criminal charges filed against it, despite confessing to what one regulator called “egregious” money laundering violations

Her comments came just a day after the attorney general of the United States confessed that some banks are so big and important that they are essentially above the law. His Justice Department’s failure to bring any criminal charges against HSBC or its employees is Exhibit A of that problem.

(..} Warren grilled officials from the Treasury Department, Federal Reserve and Office of the Comptroller of the Currency about why HSBC, which recently paid $1.9 billion to settle money laundering charges, wasn’t criminally prosecuted and shut down in the U.S. Nor were any individuals from HSBC charged with any crimes, despite the bank confessing to laundering billions of dollars for Mexican drug cartels and rogue regimes like Iran and Libya over several years.

Defenders of the Justice Department say that a criminal conviction could have been a death penalty for the bank, causing widespread damage to the economy. Warren wanted to know why the death penalty wasn’t warranted in this case.

“They did it over and over and over again across a period of years. And they were caught doing it, warned not to do it and kept right on doing it, and evidently making profits doing it,”

“How many billions of dollars do you have to launder for drug lords and how many economic sanctions do you have to violate before someone will consider shutting down a financial institution like this?”

“You sit in Treasury and you try to enforce these laws, and I’ve read all of your testimony and you tell me how vigorously you want to enforce these laws, but you have no opinion on when it is that a bank should be shut down for money laundering?”

“If you’re caught with an ounce of cocaine, the chances are good you’re gonna go to jail. If it happens repeatedly, you may go to jail for the rest of your life,” Warren said. “But evidently if you launder nearly a billion dollars for drug cartels and violate our international sanctions, your company pays a fine and you go home and sleep in your bed at night — every single individual associated with this. And I think that’s fundamentally wrong.”

As staunch an opponent of the death penalty as I am, I would have voted for it and watched the “execution” of HSBC with glee.