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Friday, December 16, 2011

Obama's "Mission Accomplished"

CommonDreams.org

Troops and Prisons Move, Wars and Torture Never Ends

Most Americans--68 percent--oppose the war against Iraq, according to a November 2011 CNN poll. So it's smart politics for President Obama to take credit for withdrawing U.S. troops.

As it often is, the Associated Press' coverage was slyly subversive: "This, in essence, is Obama's mission accomplished: Getting out of Iraq as promised under solid enough circumstances and making sure to remind voters that he did what he said."

Obama's 2008 campaign began by speaking out against the war in Iraq. (Aggression in Afghanistan, on the other hand, was not only desirable but ought to be expanded.) However, actions never matched his words. On vote after vote in the U.S. Senate Obama supported the war. Every time.

As president, Obama has claimed credit for a December 2011 withdrawal deadline negotiated by his predecessor George W. Bush--a timeline he wanted to protract. If the Iraqi government hadn't refused to extend immunity from prosecution to U.S. forces, this month's withdrawal would not have happened.

"Today I can report that, as promised, the rest of our troops in Iraq will come home by the end of the year. After nearly nine years, America's war in Iraq will be over," Obama bragged reporters on October 24th.

The UK Guardian noted: "But he had already announced this earlier this year, and the real significance today was in the failure of Obama, in spite of the cost to the U.S. in dollars and deaths, to persuade the Iraqi prime minister Nouri al-Maliki to allow one or more American bases to be kept in the country."

Obama's talk-no-walk approach to foreign policy is also on display on Guantánamo, the torture camp set up by the Bush Administration where thousands of Afghans and other Muslim men, including children, were imprisoned and tormented without evidence of wrongdoing. Only 171 prisoners remain there today, held under appalling conditions.

Yet the "war on terror" mentality remains in full force.

Obama ordered the construction and expansion of a new concentration camp at Bagram airbase in Afghanistan to house thousands of new and current inmates in the U.S. torture system. Now The New York Times has discovered that the Obama Administration has developed "the other Guantánamo, an archipelago of federal prisons that stretches across the country, hidden away on back roads" inside the United States. Hundreds of Muslim men have been imprisoned by means of the thinnest veneer of legality.

"An aggressive prosecution strategy, aimed at prevention as much as punishment, has sent away scores of people. They serve long sentences, often in restrictive, Muslim-majority units, under intensive monitoring by prison officers. Their world is spare," announced the paper.

Aware that "his" war against Afghanistan isn't much more popular among voters than the occupation of Iraq, Obama set a 2014 for withdrawal from the Central Asian state several years ago.

Dexter Filkins called it "the forever war": a post-9/11 syndrome that drives the United States to shoot and bomb the citizens of Muslim nations without end. You can't end a forever war. What if you had to sit down and get serious about taking care of the problems faced by regular, boring, American people?

And so Obama is having his ambassador to Afghanistan, Ryan Crocker, release trial balloons about staying past 2014…forever, in so many words.

Talking to reporters, Crocker said that the U.S. would stay longer if the Karzai regime--its handpicked puppet--asked them to. "They [the Afghans] would have to ask for it," he said. "I could certainly see us saying, 'Yeah, makes sense.'"

Vampires can't come inside unless they're invited.

The Iraq War, at least, seems to be coming to an end. According to the Pentagon, there will only be 150 U.S. troops in Iraq next year--those who guard the embassy in Baghdad.

Sort of.

Just shy of 10,000 "contractors"--the heavily-armed mercenaries who became known for randomly shooting civilians from attack helicopters--will remain in Iraq as "support personnel" for the State Department.

As they say, war is an addiction. If we wanted to, we could quit any time.

Any time. Really.

Ted Rall

Ted Rall is the author of the new books "Silk Road to Ruin: Is Central Asia the New Middle East?," and "The Anti-American Manifesto" . His website is tedrall.com.

Monday, December 12, 2011

Obama's 2012 Reelection Strategy: Blame the Republicans



U.S. Politics

Obama's 2012 Reelection Strategy: Blame the Republicans

Obama has begun laying out the argument that the GOP screwed up the economy and refused to help fix it, but he needs to explain why the roof fell in and why he’s the best man to repair the damage, says Peter Beinart.

Peter Beinart, senior political writer for The Daily Beast

There are two ways a president can run for reelection. The first is to boast about your success in your first term, and promise to build on it in the next. That’s what Dwight Eisenhower did in 1956; it’s what Ronald Reagan did in 1984; it’s what Bill Clinton did in 1996. For the strategy to work, Americans have to be relatively satisfied with their lot, and relatively optimistic about the future.

For Barack Obama today, with unemployment over 8 percent and three-quarters of Americans convinced that the country is going in the wrong direction, that’s not an option. So he’s relying on strategy number two: telling Americans that their unhappiness is not his fault. It’s the fault of his political opponents, opponents whose victory would doom any hopes for better days to come.

Obama began laying out that argument last week in Kansas, and continued it Sunday on 60 Minutes. The story goes like this: Once upon a time, in the middle of the 20th century, the American economy was strong, and it benefited all Americans, up and down the class ladder. Then, at some point—perhaps in the 1970s or 1980s, perhaps during the George W. Bush years—things began to go wrong. “Long before the recession hit,” Obama declared in Kansas, “hard work stopped paying off for too many people. Fewer and fewer of the folks who contributed to the success of our economy actually benefited from that success.”

Then, the story continues, all hell broke loose: “For many years, credit cards and home equity loans papered over this harsh reality. But in 2008, the house of cards collapsed.” As president, Obama tried to remedy the situation, but was stymied by the very people who had created the disaster in the first place. As he told 60 Minutes, “I think the Republicans [in Congress] made a different calculation, which was, ‘You know what? We really screwed up the economy. Obama seems popular. Our best bet is to stand on the sidelines, because we think the economy’s gonna get worse, and at some point, just blame him.’” In other words, the same Republicans who destroyed the broad-based prosperity of the post-war years, and laid the foundations for the financial crisis, have refused to help fix either problem. And now they want the White House so they can ensure that the problems they created never, ever, get solved.



From Obama’s perspective, this narrative has its advantages. In the face of Republican claims that his policies have failed to revive the economy, Obama is turning the blame on the Republicans themselves. Instead of arguing that his policies have succeeded in keeping the recession from being worse—an argument that could easily sound defeatist—Obama is implicitly conceding that his economic recovery strategy has failed, but laying the responsibility at the feet of the party trying to unseat him. His narrative also lets him insist that the Republican nominee is not a fresh face with fresh ideas, but rather a reincarnation of the people who destroyed the economy in the first place.The fuzziness comes when Obama tries to explain how exactly the Republicans created this mess. In Kansas, he took aim at “you’re on your own” economics, which, as he noted, has been a critique progressives have been leveling since Theodore Roosevelt’s day. But while that may be a plausible summary of the policies that have been hurting middle-class Americans for decades now, it doesn’t really capture the policies that contributed to the financial crisis. The financial crisis wasn’t primarily about rampant individualism. If it had been, the Wall Street bankers who gambled away billions would have, as individuals, paid the price. Instead, after profiting individually when the market went up, they forced the rest of the country to save them when the market went down. The financial crisis was an example of what happens when the richest Americans are allowed to practice “you’re on your own” economics when it suits them but demand that everyone else bail them out when it doesn’t.

Obama doesn’t need to fully embrace Occupy Wall Street, but he needs to understand why the movement has caught on.

Successful presidential candidates do more than simply tell a story. They tell a story that captures the conditions and mood of the country at a particular moment in time. Obama doesn’t need to fully embrace Occupy Wall Street, but he needs to understand why the movement has caught on: Because many Americans believe Wall Street plays a central role in the warping of our economic and political system. A generic attack on Republican individualism isn’t good enough. Most Americans still don’t know why Barack Obama believes the roof fell in on America in 2008, and why he’s still more capable of repairing the damage in a second term than his political adversaries. Unless he answers those questions better over the next 11 months, he won’t get the chance.

Thursday, December 8, 2011

Obama's Team of Zombies

Salon Home

Topic

Bill Clinton

Saturday, Feb 7, 2009 6:58 AM EST

Obama’s team of zombies

Even under the new president, Washington is the same one-party town it always has been -- controlled not by Democrats or Republicans, but by thieves.

Obama's team of zombies

Only weeks ago, the political world was buzzing about a “team of rivals.” America was told that finally, after years of yes men running the government, we were getting a president who would follow Abraham Lincoln’s lead, fill his administration with varying viewpoints, and glean empirically sound policy from the clash of ideas. Little did we know that “team of rivals” was what George Orwell calls “newspeak”: an empty slogan “claiming that black is white, in contradiction of the plain facts.”

Obama’s national security team, for instance, includes not a single Iraq war opponent. The president has not only retained George W. Bush’s defense secretary, Robert Gates, but also 150 other Bush Pentagon appointees. The only “rivalry” is between those who back increasing the already bloated defense budget by an absurd amount and those who aim to boost it by a ludicrous amount.

Of course, that lockstep uniformity pales in comparison to the White House’s economic team — a squad of corporate lackeys disguised as public servants.

At the top is Lawrence Summers, the director of Obama’s National Economic Council. As Bill Clinton’s treasury secretary in the late 1990s, Summers worked with his deputy, Tim Geithner (now Obama’s treasury secretary), and Clinton aide Rahm Emanuel (now Obama’s chief of staff) to champion job-killing trade deals and deregulation that Obama Commerce Secretary Judd Gregg helped shepherd through Congress as a Republican senator. Now, this pinstriped band of brothers is proposing a “cash for trash” scheme that would force the public to guarantee the financial industry’s bad loans. It’s another ploy “to hand taxpayer dollars to the banks through a variety of complex mechanisms,” says economist Dean Baker — and noticeably absent is anything even resembling a “rival” voice inside the White House.

That’s not an oversight. From former federal officials like Robert Reich and Brooksley Born, to Nobel Prize-winning economists like Joseph Stiglitz and Paul Krugman, to business leaders like Leo Hindery, there’s no shortage of qualified experts who have challenged market fundamentalism. But they have been barred from an administration focused on ideological purity.

In Hindery’s case, the blacklisting was explicit. Despite this venture capitalist establishing a well-respected think tank and serving as a top economic advisor to Obama’s campaign, the Politico reports that “Obama’s aides appear never to have taken his bid (for an administration post) seriously.” Why? Because he “set himself up in opposition” to Wall Street’s agenda.

The anecdote highlights how, regardless of election hoopla, Washington is the same one-party town it always has been — controlled not by Democrats or Republicans, but by Kleptocrats (i.e., thieves). Their ties to money make them the undead zombies in the slash-and-burn horror flick that is American politics: No matter how many times their discredited theologies are stabbed, torched and shot down by verifiable failure, their careers cannot be killed. Somehow, these political immortals are allowed to mindlessly lunge forward, never answering to rivals — even if that rival is the president himself.

Remember, while Obama said he wants to slash “billions of dollars in wasteful spending” at the Pentagon, his national security team is demanding a $40 billion increase in defense spending (evidently, the “ludicrous” faction got its way). Obama also said he wants to crack down on the financial industry, strengthen laws encouraging the government to purchase American goods, and transform trade policy. Yet, his economic team is not just promising to support more bank bailouts, but also to weaken “Buy America” statutes and make sure new legislation “doesn’t signal a change in our overall stance on trade,” according to the president’s spokesman.

Indeed, if an authentic “rivalry” was going to erupt, it would have been between Obama’s promises and his team of zombies. Unfortunately, the latter seems to have won before the competition even started.

© 2009 Creators Syndicate Inc.

David Sirota

David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com.More David Sirota

Monday, December 5, 2011

20 Ways the Obama Administration Has Intruded on Your Rights

AlterNet.org

Is there a fundamental difference between the Bush presidency and the Obama presidency in the area of domestic civil liberties?

The Obama administration has affirmed, continued and expanded almost all of the draconian domestic civil liberties intrusions pioneered under the Bush administration. Here are twenty examples of serious assaults on the domestic rights to freedom of speech, freedom of assembly, freedom of association, the right to privacy, the right to a fair trial, freedom of religion, and freedom of conscience that have occurred since the Obama administration has assumed power. Consider these and then decide if there is any fundamental difference between the Bush presidency and the Obama presidency in the area of domestic civil liberties.


Patriot Act

On May 27, 2011, President Obama, over widespread bipartisan objections, approved a Congressional four year extension of controversial parts of the Patriot Act that were set to expire. In March of 2010, Obama signed a similar extension of the Patriot Act for one year. These provisions allow the government, with permission from a special secret court, to seize records without the owner’s knowledge, conduct secret surveillance of suspicious people who have no known ties to terrorist groups and to obtain secret roving wiretaps on people.

Criminalization of Dissent and Militarization of the Police

Anyone who has gone to a peace or justice protest in recent years has seen it – local police have been turned into SWAT teams, and SWAT teams into heavily armored military. Officer Friendly or even Officer Unfriendly has given way to police uniformed like soldiers with SWAT shields, shin guards, heavy vests, military helmets, visors, and vastly increased firepower. Protest police sport ninja turtle-like outfits and are accompanied by helicopters, special tanks, and even sound blasting vehicles first used in Iraq. Wireless fingerprint scanners first used by troops in Iraq are now being utilized by local police departments to check motorists. Facial recognition software introduced in war zones is now being used in Arizona and other jurisdictions. Drones just like the ones used in Kosovo, Iraq and Afghanistan are being used along the Mexican and Canadian borders. These activities continue to expand under the Obama administration.

Wiretaps

Wiretaps for oral, electronic or wire communications, approved by federal and state courts, are at an all-time high. Wiretaps in year 2010 were up 34% from 2009, according to the Administrative Office of the US Courts.

Criminalization of Speech

Muslims in the US have been targeted by the Obama Department of Justice for inflammatory things they said or published on the internet. First Amendment protection of freedom of speech, most recently stated in a 1969 Supreme Court decision, Brandenberg v Ohio, says the government cannot punish inflammatory speech, even if it advocates violence unless it is likely to incite or produce such action. A Pakistani resident legally living in the US was indicted by the DOJ in September 2011 for uploading a video on YouTube. The DOJ said the video was supportive of terrorists even though nothing on the video called for violence. In July 2011, the DOJ indicted a former Penn State student for going onto websites and suggesting targets and for providing a link to an explosives course already posted on the internet.

Domestic Government Spying on Muslim Communities

In activities that offend freedom of religion, freedom of speech, and several other laws, the NYPD and the CIA have partnered to conduct intelligence operations against Muslim communities in New York and elsewhere. The CIA, which is prohibited from spying on Americans, works with the police on “human mapping”, commonly known as racial and religious profiling to spy on the Muslim community. Under the Obama administration, the Associated Press reported in August 2011, informants known as “mosque crawlers,” monitor sermons, bookstores and cafes.

Top Secret America

In July 2010, the Washington Post released “Top Secret America,” a series of articles detailing the results of a two year investigation into the rapidly expanding world of homeland security, intelligence and counter-terrorism. It found 1,271 government organizations and 1,931 private companies work on counterterrorism, homeland security and intelligence at about 10,000 locations across the US. Every single day, the National Security Agency intercepts and stores more than 1.7 billion emails, phone calls and other types of communications. The FBI has a secret database named Guardian that contains reports of suspicious activities filed from federal, state and local law enforcement. According to the Washington Post Guardian contained 161,948 files as of December 2009. From that database there have been 103 full investigations and at least five arrests the FBI reported. The Obama administration has done nothing to cut back on the secrecy.

Other Domestic Spying

There are at least 72 fusion centers across the US which collect local domestic police information and merge it into multi-jurisdictional intelligence centers, according to recent report by the ACLU. These centers share information from federal, state and local law enforcement and some private companies to secretly spy on Americans. These all continue to grow and flourish under the Obama administration.

Abusive FBI Intelligence Operations

The Electronic Frontier Foundation documented thousands of violations of the law by FBI intelligence operations from 2001 to 2008 and estimate that there are over 4000 such violations each year. President Obama issued an executive order to strengthen the Intelligence Oversight Board, an agency which is supposed to make sure the FBI, the CIA and other spy agencies are following the law. No other changes have been noticed.

Wikileaks

The publication of US diplomatic cables by Wikileaks and then by main stream news outlets sparked condemnation by Obama administration officials who said the publication of accurate government documents was nothing less than an attack on the United States. The Attorney General announced a criminal investigation and promised “this is not saber rattling.” Government officials warned State Department employees not to download the publicly available documents. A State Department official and Columbia officials warned students that discussing Wikileaks or linking documents to social networking sites could jeopardize their chances of getting a government job, a position that lasted several days until reversed by other Columbia officials. At the time this was written, the Obama administration continued to try to find ways to prosecute the publishers of Wikileaks.

Censorship of Books by the CIA

In 2011, the CIA demanded extensive cuts from a memoir by former FBI agent Ali H. Soufan, in part because it made the agency look bad. Soufan’s book detailed the use of torture methods on captured prisoners and mistakes that led to 9-11. Similarly, a 2011 book on interrogation methods by former CIA agent Glenn Carle was subjected to extensive black outs. The CIA under the Obama administration continues its push for censorship.

Blocking Publication of Photos of U.S. Soldiers Abusing Prisoners

In May 2009, President Obama reversed his position of three weeks earlier and refused to release photos of US soldiers abusing prisoners. In April 2009, the US Department of Defense told a federal court that it would release the photos. The photos were part of nearly 200 criminal investigations into abuses by soldiers.

Technological Spying

The Bay Area Transit System, in August 2011, hearing of rumors to protest against fatal shootings by their police, shut down cell service in four stations. Western companies sell email surveillance software to repressive regimes in China, Libya and Syria to use against protestors and human rights activists. Surveillance cameras monitor residents in high crime areas, street corners and other governmental buildings. Police department computers ask for and receive daily lists from utility companies with addresses and names of every home address in their area. Computers in police cars scan every license plate of every car they drive by. The Obama administration has made no serious effort to cut back these new technologies of spying on citizens.

Use of “State Secrets” to Shield Government and Others from review

When the Bush government was caught hiring private planes from a Boeing subsidiary to transport people for torture to other countries, the Bush administration successfully asked the federal trial court to dismiss a case by detainees tortured because having a trial would disclose “state secrets” and threaten national security. When President Obama was elected, the state secrets defense was reaffirmed in arguments before a federal appeals court. It continues to be a mainstay of the Obama administration effort to cloak their actions and the actions of the Bush administration in secrecy.

In another case, it became clear in 2005 that the Bush FBI was avoiding the Fourth Amendment requirement to seek judicial warrants to get telephone and internet records by going directly to the phone companies and asking for the records. The government and the companies, among other methods of surveillance, set up secret rooms where phone and internet traffic could be monitored. In 2008, the government granted the companies amnesty for violating the privacy rights of their customers. Customers sued anyway. But the Obama administration successfully argued to the district court, among other defenses, that disclosure would expose state secrets and should be dismissed. The case is now on appeal.

Material Support

The Obama administration successfully asked the US Supreme Court not to apply the First Amendment and to allow the government to criminalize humanitarian aid and legal activities of people providing advice or support to foreign organizations which are listed on the government list as terrorist organizations. The material support law can now be read to penalize people who provide humanitarian aid or human rights advocacy. The Obama administration Solicitor General argued to the court “when you help Hezbollah build homes, you are also helping Hezbollah build bombs.” The Court agreed with the Obama argument that national security trumps free speech in these circumstances.

Chicago Anti-war Grand Jury Investigation

In September 2010, FBI agents raided the homes of seven peace activists in Chicago, Minneapolis and Grand Rapids seizing computers, cell phones, passports, and records. More than 20 anti-war activists were issued federal grand jury subpoenas and more were questioned across the country. Some of those targeted were members of local labor unions, others members of organizations like the Arab American Action Network, the Columbia Action Network, the Twin Cities Anti-War Campaign and the Freedom Road Socialist Organization. Many were active internationally and visited resistance groups in Columbia and Palestine. Subpoenas directed people to bring anything related to trips to Columbia, Palestine, Jordan, Syria, Israel or the Middle East. In 2011, the home of a Los Angeles activist was raided and he was questioned about his connections with the September 2010 activists. All of these investigations are directed by the Obama administration.

Punishing Whistleblowers

The Obama administration has prosecuted five whistleblowers under the Espionage Act, more than all the other administrations in history put together. They charged a National Security Agency advisor with ten felonies under the Espionage Act for telling the press that government eavesdroppers were wasting hundreds of millions of dollars on misguided and failed projects. After their case collapsed, the government, which was chastised by the federal judge as engaging in unconscionable conduct allowed him to plead to a misdemeanor and walk. The administration has also prosecuted former members of the CIA, the State Department, and the FBI. They even tried to subpoena a journalist and one of the lawyers for the whistleblowers.

Bradley Manning

Army private Bradley Manning is accused of leaking thousands of government documents to Wikileaks. These documents expose untold numbers of lies by US government officials, wrongful killings of civilians, policies to ignore torture in Iraq, information about who is held at Guantanamo, cover ups of drone strikes and abuse of children and much more damaging information about US malfeasance. Though Daniel Ellsberg and other whistleblowers say Bradley is an American hero, the US government has jailed him and is threatening him with charges of espionage which may be punished by the death penalty. For months Manning was held in solitary confinement and forced by guards to sleep naked. When asked about how Manning was being held, President Obama personally defended the conditions of his confinement saying he had been assured they were appropriate and meeting our basic standards.

Solitary Confinement

At least 20,000 people are in solitary confinement in US jails and prisons, some estimate several times that many. Despite the fact that federal, state and local prisons and jails do not report actual numbers, academic research estimates tens of thousands are kept in cells for 23 to 24 hours a day in supermax units and prisons, in lockdown, in security housing units, in “the hole”, and in special management units or administrative segregation. Human Rights Watch reports that one-third to one-half of the prisoners in solitary are likely mentally ill. In May 2006, the UN Committee on Torture concluded that the United States should “review the regimen imposed on detainees in supermax prisons, in particular, the practice of prolonged isolation.” The Obama administration has taken no steps to cut back on the use of solitary confinement in federal, state or local jails and prisons.

Special Administrative Measures

Special Administrative Measures (SAMS) are extra harsh conditions of confinement imposed on prisoners (including pre-trial detainees) by the Attorney General. The U.S. Bureau of Prisons imposes restrictions such segregation and isolation from all other prisoners, and limitation or denial of contact with the outside world such as: no visitors except attorneys, no contact with news media, no use of phone, no correspondence, no contact with family, no communication with guards, 24 hour video surveillance and monitoring. The DOJ admitted in 2009 that several dozen prisoners, including several pre-trial detainees, mostly Muslims, were kept incommunicado under SAMS. If anything, the use of SAMS has increased under the Obama administration.

These twenty concrete examples document a sustained assault on domestic civil liberties in the United States under the Obama administration. Rhetoric aside, how different has Obama been from Bush in this area?

Bill Quigley is a human rights lawyer and professor at Loyola University New Orleans College of Law. He is also a member of the legal collective of School of Americas Watch.

Thursday, December 1, 2011

Obama: Assassinating the Rule of Law

In these times.
With liberty and justice for all...


Dressed in orange prisoner uniforms, students and other activists demonstrate against the Guantanamo Bay detention center on August 17, 2011, in New York City. (Spencer Platt/Getty Images)

Assassinating the Rule of Law

President Obama has carried on where former President George W. Bush left off.

BY Leonard C. Goodman

The lawyers declared that Obama may accept the word of the CIA, which is able to bury evidence so it can never be second-guessed.

Of all the promises made by candidate Barack Obama, it was his promise to end the lawlessness of the Bush years by closing Guantanamo, ending torture and restoring the United States’ reputation for justice that got me out in the streets and knocking on doors. And it is President Obama’s failure to keep these promises that makes it impossible for me to support him again.

President Bush’s foreign policy was roundly criticized by most of the world and by candidate Obama. Following 9/11, Bush’s foreign policy was simple: If my administration decides that you are a terrorist or a terrorist supporter, we reserve the right to invade and occupy your country, kill you or send you halfway around the world to a prison camp.

To implement this policy, administration lawyers wrote memos making it all legal for their masters. First, Bush’s lawyers declared that the one-sentence “Authorization for Use of Military Force” enacted by a frightened Congress one week after September 11, 2001, authorized undeclared wars and the mass incarceration of terror suspects.

But Bush’s team wanted still more power–they wanted legal authority to torture suspects. So Bush’s lawyers wrote memos stating that torture under the president’s command would not violate federal law (which proscribes “torture”), or the U.N. Convention Against Torture, as long as the torturer lacks the intent to cause “prolonged mental harm” or “death or organ failure.” One of these memos, authored by Office of Legal Councel attorney Jay Bybee, included a convenient section called “Interpretation to Avoid Constitutional Problems.”

Bush’s lawyers also wrote memos authorizing the incarceration of U.S. citizens suspected of terror links without charge or trial. But here the Supreme Court drew the line. In the case of U.S. citizen Yaser Hamdi, a terror-suspect born in Louisiana, raised in Saudi Arabia, captured in Afghanistan and sent to Guantanamo, government lawyers argued that it would be “constitutionally intolerable” to require the government to submit any evidence to support its claim that Hamdi is a terrorist. The Supreme Court disagreed. While the court permitted the government to strip Hamdi of most of his constitutional rights, it nevertheless ordered the government to give Hamdi a hearing at which it must present some minimal amount of evidence. But because the government had no evidence that Hamdi was a terrorist, it sent him back to Saudi Arabia–on the condition that he renounced his citizenship.

Obama has carried on where Bush left off. Realizing that captured American-born terror suspects must be given a hearing, Obama decided it would be more convenient to kill them. And he asked the lawyers at the Office of Legal Counsel to write memos stating that killing Anwar al-Awlaki, the American-born Muslim cleric living in Yemen, would not violate the Constitution or federal statutes banning murder and assassinations. Once again, the lawyers set aside the most fundamental rules of legal ethics to serve their master.

The Obama administration has not released these assassination memos, but it did leak an outline of the memos’ legal reasoning to the New York Times. Their analysis is every bit as shoddy as that found in the torture memos. Obama’s lawyers concluded that the administration could legally kill al-Awlaki so long as the CIA says he is playing an operational role in al-Qaeda and that it was not feasible to capture him. The lawyers don’t actually analyze any of the evidence against al-Awlaki–they just declare that Obama may accept the word of the CIA, which is able to bury evidence so it can never be second-guessed.

Al-Awlaki was killed September 30 by a drone strike in Yemen. Presumably his executioner was a CIA agent rather than a soldier in uniform, but the Obama lawyers said that this would also be lawful. The drone strike also killed a second American named Samir Khan, who had produced a jihadist web magazine titled Inspire. Two weeks after killing al-Awlaki and Khan, the administration used its newfound powers to kill another American: al-Awlaki’s 16-year-old son, Abdulrahman al-Awlaki. This strike also killed eight other human beings.

As of this writing, the administration has not come forward with any explanation for the killing of the American juvenile or his companions. Presumably, an unprincipled government lawyer is at work on the justification memo right now.

Leonard Goodman is a Chicago criminal defense lawyer and Adjunct Professor of Law at DePaul University.

More information about Leonard C. Goodman

Tuesday, November 29, 2011

#OWS Cheers As Defiant Judge Stops Obama From Selling Immunity To Wall Street





November 28, 2011 at 23:22:46

#OWS Cheers As Defiant Judge Stops Obama From Selling Immunity To Wall Street

By (about the author)




Judge Rakoff Pummels Obama and Wall Street by GW

In an audacious move against Citigroup, the SEC, and the practice of "selling immunity", a Federal Judge in a NY District Court abruptly put the brakes on a settlement agreement proposed between the Obama Administration and another giant Wall Street firm accused of betting against their own investors.

Judge Jed Rakoff sent a message today to Wall Street and the Securities Exchange Commission that may send shockwaves through the financial world, refusing to approve a $285 million dollar payout to drop an investigation against Citigroup for defrauding investors without admitting any guilt.

Business Insider's haunting pullquote is a somber reminder of a core message of the Occupy movement. : "Judge Rakoff: Truth is Confined to Secretive, Fearful Whispers"

You might recall last year Goldman Sachs paid a $535 million dollar settlement "without admitting guilt" in a case brought by investors claiming fraud in a somewhat similar collateralized debt obligation scam. Goldman squirmed by, conceding they had provided 'incomplete information' but in this case, Citigroup had profited more blatantly at the expense of their clients.

With prosecutions for bank fraud today at a twenty year low, the Occupy movement has widely decried the questionable glad-handing between Wall Street titans and federal officials who are supposed to keep them honest. On his way out in 2008, President Bush issued a DOJ directive that encouraged the practice of "deferred prosecutions" which gave DOJ and SEC desk jockeys incredible latitude to craft immunity deals in secret in exchange for millions in fines and promises to be better.

But you might be disgusted to learn that the fines paid out to the government were at times equal to the payments made to legal firms, enriched by banks as grants of immunity prevented victimized investors from seeking further damages.

Rakoff's stand is consequential because any finding of guilt at last empowers the little-guy investor to bring civil suits.

As we contrast coverage of this ruling in the NY Times' Behind Rakoff's Rejection of Citigroup Settlement with Rupert Murdoch's Wall Street Journal piece Citi Ruling Could Chill SEC, Street Legal Pacts, taxpaying voters might wonder what in God's name 'street legal' pacts means.

Indeed, this might be heralded as a rousing victory by #OWS protestors who in recent weeks have seen a number of anti-Wall Street actions proposed by leaders in business, politics and clergy.

#OccupyWallStreet was just weeks old when Bill Gates, America's richest citizen taxpayer stood up in front of the G20 in France calling for a 'Robin Hood Tax' that would impose as little as a one-tenth of a penny fee on stock or bond transactions. Gates explained massive volumes of speculative, volatile computerized trades were preventing more productive sectors of business from attracting sorely needed capital.

The call for this same transaction fee was echoed by the Pope as part of his updated canons against the "obscene" unethical accumulation of wealth, intentionally hoarded "at the expense of others".

In Congress, House and Senate bills recently proposed call for Constitutional amendments to reverse the Citizens United ruling that granted horribly lopsided new powers for the wealthy to crowd out political messaging during elections via unlimited, anonymous media spending.

Not surprisingly, the Senate bill, co-sponsored by Chuck Schumer, Jeff Merkeley, Tom Udall, Sheldon Whitehouse, and Dick Durbin has been "whitewashed" for weeks - given virtually no coverage by the major media networks who expect to reap exorbitant profits on upcoming US elections for selling prime-time ad spots.

The failure of the so-called Super-Committee is also supposed to have steeled populist candidates to run against Republicans whose crucial 'sticking point' was the claim that raising taxes on the rich would stifle job growth. They called revenue increases as "a job-killing tax hike on small business." But Brookings debunks this: "less than 2 percent of tax returns reporting small-business income are filed by taxpayers in the top two income brackets".

Putting up a first-of-it's-kind roadblock in the decades long slide towards rigged backroom settlements, Rakoff noted the proposed deal would have benefitted Citi and the SEC - but not the public interest.


Rakoff was critical not only of the "insufficient" amount offered as a pay-off, but the lack of transparency and especially the idea of shirking accountability for serious misconduct.

This closely parallels a line in the OWS proclamation of Sept. 27 which notes Wall Street firms "determine economic policy, despite the catastrophic failures their policies have produced and continue to produce."

The banks, who have till now witnessed a plethora of judges rubber-stamping anything approved by the SEC, will now have to work up a new deal with the SEC to resubmit to the court, negotiate a limited admission of guilt directly with Rakoff, or try to prove their innocence to a jury at trial.

It is not known whether Rakoff would accept any settlement that does not make Citi acknowledge guilt and give redress to individual investors.

The public recognition and debate of Rakoff's rejection here will be keenly observed by other judges, banks, the Obama Administration and particularly the understaffed SEC, exposed here for serially horsetrading harmful shortcuts.

Lastly, for those still claiming the #OWS movement lacks focus and cohesion, concentrating on "street level" issues like pitching tents or public urination instead of important socioeconomic issues, here is the full text of that declaration approved by the NYC General Assembly, which aired in full on cable TV by October 5:

They have taken our houses through an illegal foreclosure process, despite not having the original mortgage.

They have taken bailouts from taxpayers with impunity, and continue to give Executives exorbitant bonuses.

They have perpetuated inequality and discrimination in the workplace based on age, the color of one's skin, sex, gender identity and sexual orientation.

They have poisoned the food supply through negligence, and undermined the farming system through monopolization.

They have profited off of the torture, confinement, and cruel treatment of countless animals, and actively hide these practices.

They have continuously sought to strip employees of the right to negotiate for better pay and safer working conditions.

They have held students hostage with tens of thousands of dollars of debt on education, which is itself a human right.

They have consistently outsourced labor and used that outsourcing as leverage to cut workers' healthcare and pay.

They have influenced the courts to achieve the same rights as people, with none of the culpability or responsibility.

They have spent millions of dollars on legal teams that look for ways to get them out of contracts in regards to health insurance.


They have sold our privacy as a commodity.

They have used the military and police force to prevent freedom of the press.

They have deliberately declined to recall faulty products endangering lives in pursuit of profit.

They determine economic policy, despite the catastrophic failures their policies have produced and continue to produce.

They have donated large sums of money to politicians, who are responsible for regulating them.

They continue to block alternate forms of energy to keep us dependent on oil.

They continue to block generic forms of medicine that could save people's lives or provide relief in order to protect investments that have already turned a substantial profit.

They have purposely covered up oil spills, accidents, faulty bookkeeping, and inactive ingredients in pursuit of profit.

They purposefully keep people misinformed and fearful through their control of the media.

They have accepted private contracts to murder prisoners even when presented with serious doubts about their guilt.

They have perpetuated colonialism at home and abroad.

They have participated in the torture and murder of innocent civilians overseas.

They continue to create weapons of mass destruction in order to receive government contracts.*

*These grievances are not all-inclusive.


(OpEdNews Contributing Editor since October 2006) Inner city schoolteacher from New York, mostly covering media manipulation. I put election/finance reform ahead of all issues but also advocate for fiscal conservatism, ethics in journalism and (more...)

The views expressed in this article are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.




















Thursday, November 24, 2011

Why is Obama failing to protect the First Amendment? As Occupy attacks continue




November 24, 2011 at 08:21:46

Why is Obama failing to protect the First Amendment? As Occupy attacks continue



by Charlene Smith


President Barack Obama has remained silent about violent police actions to remove Occupy Wall Street protestors across the nation whether New York, Oakland, Chicago, Los Angeles or elsewhere. As president, Obama should be the primary defender of the Constitution, yet he remains silent as violent police actions against peaceful protestors take place.

A friend wrote from London after the 1am raid on Zuccotti Park in New York to evict Occupy Wall Street protestors: "Seems like the U.S. police are resorting to measures more reminiscent of a dictatorship. I hope Obama is happy!" How similar that early morning raid was to those in South Africa during the dark days of anti-apartheid repression when police would conduct raids during the early morning hours knowing that their victims would be groggy and fearful in the dark.

New York's Mayor Bloomberg, who claims he is a defender of the constitution's First Amendment, used the health excuse we heard from the Oakland mayor for her attacks on Occupy Wall Street protestors. If Mayor Bloomberg has suddenly developed an interest in the health of New York residents he may want to do something about the New York subway, which is a filthy, poorly air-conditioned sewer that millions of New Yorkers are forced to use daily, and sometimes skirt rats the size of cats.

Bloomberg said: "No right is absolute and with every right comes responsibilities. The First Amendment gives every New Yorker the right to speak out -- but it does not give anyone the right to sleep in a park or otherwise take it over to the exclusion of others -- nor does it permit anyone in our society to live outside the law. There is no ambiguity in the law here -- the First Amendment protects speech -- it does not protect the use of tents and sleeping bags to take over a public space. Protestors have had two months to occupy the park with tents and sleeping bags. Now they will have to occupy the space with the power of their arguments."

Bloomberg is wrong in his views morally and legally, the U.S. Constitution, Amendment One says:

" Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Originally, Wikipedia informs us, the First Amendment applied only to laws enacted by Congress . However, starting with Gitlow v. New York , 268 U.S. 652 (1925), the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state , including local government .

In United States v. Cruikshank , 92 U.S. 542 (1875), the Supreme Court held that "the right of the people peaceably to assemble for the purpose of petitioning Congress for a redress of grievances, or for anything else connected with the powers or duties of the National Government, is an attribute of national citizenship, and, as such, under protection of, and guaranteed by, the United States." For most of the 20th century tests to the First Amendment were about those espousing socialism or communism, most were defeated. There were challenges to burning draft papers during the Vietnam war, but the Supreme Court enshrined the right of protestors to do this, even the right to wear a jacket saying "Fuck the Draft" in the corridors of the Los Angeles County courthouse In Cohen v. California , 403 U.S. 15 (1971), this act was seen as legitimate comment and not punishable. Even burning the flag has consistently defied tests to view it as desecration.

The right to petition was an echo of the English Bill of Rights 1689 which, following the Seven Bishops case, stated it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal.

It's worth noting that attacks on the First Amendment by Congress or local government have always preceded necessary changes in law -- the people have led, and local or federal government have always resisted. For example, in 1835 the House of Representatives adopted the Gag Rule , barring abolitionist petitions calling for an end to slavery. In 1865, 30 years later, slavery was abolished.

These freedoms are not ours alone; they are beloved in every nation that calls itself democratic.

"We don't want to make this about police and protesters," said Stephen Squibb, an organizer with Occupy Boston, "It is about jobs and other things. That has been our message for two months and we are going to keep saying it." The fat cats in New York, Washington and elsewhere have jobs, they have stretch limos that drive past the unemployed, they don't care today, but someday they will be forced to stop, get out and speak to those with banners on the sides of roads.

.

Charlene Smith is an award winning journalist and writer. Her authorized biography on Nelson Mandela, "Mandela" is a best seller and "Mandela in America" will be released in 2012. She is presently writing a book, "America the Overmedicated," on (more...)

The views expressed in this article are the sole responsibility of the author
and do not necessarily reflect those of this website or its editors.

Monday, November 14, 2011

Combative Obama Renounces Progressives, Socialism and the Occupy Movement

Dissident Voice: a radical newsletter in the struggle for peace and social justice

Combative Obama Renounces Socialism

Washington (CNN) — Seeking to recover his once-impressive standing in the polls, President Obama on Monday continued to position himself as the most responsible candidate in the 2012 presidential race.

Speaking to about 500 Mussolini Democrats and more than a dozen reporters at the tactically sophisticated Invertebrates For Obama think tank in Washington, Obama lashed out at “so-called progressives” clamoring for an expanded New Deal.

“Far too many Americans are looking for a hand-out, not a hand up,” he said, apparently targeting the growing Occupy Wall Street movement and its sympathizers. “The reason we must reject socialist economics is that it conflicts with our core political philosophy about the purpose of government.”

“We cannot preserve liberty for ourselves and our posterity if government fails to fulfill its obligation to sustain the free market system with trillions of dollars of bailout money for selfless Wall Street firms deemed ‘too big to fail.’” Therefore we must seek common ground with the GOP and renounce relics of the Communist era like Social Security and Medicare.” To sustained applause the president added, “I hereby do so.”

Obama called for a reform of his own health care law to include a “private option” that would allow HMOs to deport Americans without health insurance to Cuba, in hopes of bankrupting the free health care system available on the Communist-ruled island. “The cost of treating fifty million uninsured Americans should bring down the Castro brothers once and for all,” proclaimed Obama gleefully.

The president said he would grant federal aid to states expelling the medically needy to Cuba, adding that he would veto any attempt to have them treated in the U.S. “We’ve got to get beyond the idea that democratic government means doling out aid to irresponsible citizens who refuse to pull their own weight.” The president emphatically rejected appeals for government assistance from ordinary Americans. “As we all know from civics lessons the only legitimate function government has is performing those tasks that Americans cannot perform themselves – like carpet-bombing foreign nations and giving away the store to transnational corporations and international banks.”

The president went on to state that his reformed health care reform bill would prove itself a more efficient system than the universal care available through Medicare. “Obviously the market is more efficient than government,” said Obama. “I mean, how much equity is returned to stockholders under Medicare? Absolutely none! Whereas under HMOs investors are making a killing, if you’ll pardon the expression,” the president said. Asked about the much higher administrative costs under privatized care, Obama explained that those “don’t count,” because they are passed on to the public.

On issues like declaring the war in Iraq “over,” Obama portrayed himself as the candidate who goes the extra mile for peace. “George Bush declared ‘mission accomplished’ in Iraq only once, while I am now working on my second final withdrawal from that liberated country,” the president said with obvious pride.

Obama also called for “staking out the middle ground” by privatizing Social Security, outsourcing the public schools to China, and handing over municipal water systems to corporate polluters in need of infusions of public capital in order to pay off fines imposed for systematically polluting the environment.

Michael K. Smith is the author of The Madness of King George from Common Courage Press. He co-blogs with Frank Scott at www.legalienate.blogspot.com. Read other articles by Michael.

Obama Ignores Global Warming

Dissident Voice: a radical newsletter in the struggle for peace and social justice

Obama Ignores Global Warming

The Obama Administration has largely remained passive about the critical imperative to reduce greenhouse gases to limit catastrophic global warming.

Washington continues to insist upon exercising world leadership in all key global endeavors, including the environment, but has failed dramatically in terms of climate change.

In fact, the White House is greatly expanding U.S. access to fossil fuel energy sources even as scientific and environmental organizations are intensifying their warnings about the need to immediately reduce greenhouse gas carbon emissions that are warming the planet.

Although the U.S. recently has ranked second to China in fossil fuel burning, it is by far the greatest polluter of the atmosphere in the last century and a half. Given the differences in population, America still uses three times more per capita than China.

White House policy is fixated on reducing dependence upon Middle Eastern oil and gas by greatly increasing the extraction of fossil fuels closer to home — mainly a vast increase in natural gas production from hydraulic fracturing (fracking) throughout the United States, expanded drilling for offshore oil, and importing dirty tar sands oil from Canada.

While increasing the development and use of global warming fuels, President Obama is advancing no significant program to replace high carbon emitting fossil fuels with renewable non-carbon solar and wind power.

The U.S. government is subsidizing some major “green” corporations, providing them with nearly no-risk guarantees for developing solar and wind, but this remains a relatively minor enterprise. Progress made so far is being stalled by the unexpected abundance (and thus cheaper price) of domestic natural gas secreted in shale, more secure oil reserves than anticipated, and the probability of reduced federal and state subsidies.

In a major statement from London November 9, the International Energy Agency (IEA) called for a “bold change of policy direction toward the use of low-carbon fuels within the next five years. If the major industrial states do not do so quickly, the world will lock itself into an insecure, inefficient and high-carbon energy system,” which is precisely what the Obama Administration is doing.

This recommendation seeks to prevent the rise in global temperatures in this century from exceeding 2 degrees Celsius, which is based upon keeping carbon emissions in the atmosphere below 450 parts per million (ppm). Anything above the target standards will cause irreparable damage to life on Earth.

According to many scientists and environmental groups these standards are inadequate, and that 350 ppm is the maximum amount that can be accommodated without causing a disaster. Atmospheric carbon, which occurs naturally, has reached dangerous levels due to industrialization. It has increased from 280 ppm at the beginning of the industrial era to approximately 392 ppm today, which is why it is said warming is well underway and its effects are being felt throughout the world.

Introducing the new report, IEA executive director Maria van der Hoeven declared, “Growth, prosperity and rising population will inevitably push up energy needs over the coming decades…. Governments need to introduce stronger measures to drive investment in efficient and low-carbon technologies.”

The Environment News Service reports that the “agency’s warning comes at a critical time in international climate change negotiations, as governments prepare for the annual UN climate summit in Durban, South Africa, Nov. 28-Dec. 9. ‘If we do not have an international agreement whose effect is put in place by 2017, then the door will be closed forever,’ IEA chief economist Fatih Birol warned.’” (The main goal of the 17th climate summit is to agree on a resolution to replace the Kyoto Protocols, which will expire next year.)

The IEA describes itself as “an autonomous organization which works to ensure reliable, affordable and clean energy for its 28 member countries and beyond.” Its members represent the world’s leading capitalist countries. Greenpeace and some other environmental groups are critical of the group’s approval of tar sands oil, lower carbon fuels and nuclear energy. The BRICS countries (Brazil, Russia, India, China and South Africa) are not IEA members.

Reporting October 26 on America’s hunt for more carbon-emitting fuels, the New York Times quoted Daniel Lashof, director of the climate program at the Natural Resources Defense Council, as declaring:

Giving new life to fossil fuels is a devil’s bargain, probably making solutions to climate change, and the development of renewable energy, even more difficult. Not only are you extending the fossil fuels era, but you are moving into fossil fuels that are dirtier and release more carbon pollution in the process of extracting and using them.

The Obama Administration has been leaning toward approving a $7 billion investment in a pipeline to transport Canadian tar sands oil to Texas but encountered a fusillade of activist opposition from the environmental movement in recent months. Michael Brune, executive director of the Sierra Club, has declared that “Tar sands oil is the dirtiest oil on Earth.” Dr. James Hansen, NASA’s top climate scientist, says that fully developing the tar sands in Canada would mean “essentially game over” for the climate.

Environmental movement criticisms have been compounded by objections from residents of Nebraska with concerns that pipeline spills might pollute the irreplaceable Ogallala aquifer, which occupies 10,000 square miles north to south from South Dakota to Texas and is a major source of water for the High Plains.

In August and September 1,200 anti-tar sands activists were arrested for offering civil disobedience in front of the White House. On November 6, 12,000 people surrounded the presidential mansion demanding an end to construction of the 1,700-mile Keystone XL pipeline from Canada to Texas.

Four days later, President Obama announced that his final decision would now be postponed until months after next year’s elections, implying that the pipeline route might have to circumnavigate the immense aquifer.

Some environmental groups have interpreted Obama’s delay as a victory, suggesting that the project is being abandoned, but this view is too optimistic. The White House seeks abundant and stable supplies of oil for the next several decades from sources other than (or in addition to) the volatile Middle East, and tar sands oil from nearby friendly Canada is a most attractive alternative. Canadian oil has been entering the U.S. for many years in existing pipelines, and this is continuing. In all probability, some version of Keystone will greatly increase the supply.

Environmentally-concerned Americans have also launched campaigns against fracking, mainly because of the danger to water supplies inherent in an extraction method that requires the high pressure injection of deadly chemicals deep underground.

The Obama Administration is so intent upon vastly increasing natural gas production that it has been brushing objections aside, as have state governors — such as New York State’s Andrew Cuomo — who argue that what really matters are the additional jobs and tax revenue from massive fracking operations.

Advocates of natural gas argue that burning gas for electricity emits 30% less carbon dioxide than oil, and about 45% less than coal. But recent studies have shown that the process of fracking releases sufficient stores of methane into the atmosphere to compensate for any reduction in carbon from natural gas. Methane creates a greenhouse heat trap about 20 times greater than carbon dioxide. The gas industry maintains that the reduction in emissions from natural gas “outweighs” the detrimental effects of methane.

The New York Times article points out that:

Temporary or permanent fracking bans have been put in place in New York, New Jersey and Maryland. Other states are toughening drilling regulations, and the industry is responding with tighter wastewater management, while the Environmental Protection Agency is expected to complete a study on fracking next year. Nevertheless, gas shale drilling appears likely to continue at a fast pace in the most important gas-producing states.

The rest of the world is watching. Moratoriums have been put in place in parts of France, Germany, South Africa and the Canadian province of Quebec; Britain, Ukraine and other countries are moving cautiously forward. Still, the Energy Department projects that gas from shale could account for 14% of global supplies by 2030, with as many as 32 countries having production potential.

If world countries, led by the U.S., continue to disregard environmental objections to fracking, enhanced natural gas production combined with a major increase in oil production by the U.S., it will further subvert incentives toward ending use of fossil fuels. So far, shale gas extraction in the U.S. has increased 500% in the last five years, and that’s just the beginning.

Quoting Ivan Sandrea, president of the Energy Intelligence Group, the Times concluded its article with these words: “The fossil fuel age will be extended for decades. Unconventional oil and gas are at the beginning of a technological cycle that can last 60 years. They are really in their infancy.”

It has been five months since Democratic former Vice President Al Gore stuck his neck out in an article he wrote for Rolling Stone by publicly criticizing Democrat Obama for inaction on reducing America’s addiction to fossil fuels. So far, Obama has done nothing but live up to Gore’s critique:

“President Obama,” he declared, “has thus far failed to use the bully pulpit to make the case for bold action on climate change…. The president made concessions to oil and coal companies without asking for anything in return. He has also called for a massive expansion of oil drilling in the United States, apparently in an effort to defuse criticism from those who argue speciously that ‘drill, baby, drill’ [a conservative slogan] is the answer to our growing dependence on foreign oil.”

Washington’s refusal to take more than token steps to alleviate global warming would be relatively inconsequential were the U.S. a much smaller player on the world stage. But American governments have insisted for decades — based on economic strength and unparalleled military power — on being recognized as the world’s dominant and irreplaceable hegemonic state. Uncle Sam’s leadership is enormously influential, especially in the industrialized world, and America’s sluggish response toward global warming is a global disincentive toward taking speedy, responsible and united action.

U.S. financial institutions, corporations, and the wealthiest proportion of its population are “deeply invested in an energy sector dominated by fossil fuels, and actively hostile to alternatives,” economist Paul Krugman noted recently. These powerful elements are not prepared to accept the economic and political rearrangements required to transform America into an environmentally sound society of minimal carbon usage and many other ecological safeguards.

Such a transformation involves greater government investments, potentially smaller profits for many years, strategic alterations in the country’s disproportionate consumption of resources and products, and substantial changes beyond today’s gridlocked and essentially conservative political process.

In effect — given its disinclination to interfere in the workings of America’s neoliberal capitalist economy, even to protect all life on Earth — Washington’s continuing unipolar leadership is guiding the world toward irreversible climate change.

The U.S. may change its ways, but economic and political realities suggest an alteration of this magnitude is hardly on the foreseeable agenda. Climate change, however, is taking place now. At issue are two necessities: (1) strengthening of the environmental and social change movements in the U.S., and (2) a dramatic initiative by other powerful countries and regional blocs to take significant concerted global action to save the Earth regardless of Washington’s dithering.

Jack A. Smith is editor of the Activist Newsletter and a former editor of the Guardian (US) radical newsweekly. He may be reached at: jacdon@earthlink.net. Read other articles by Jack.

Sunday, November 13, 2011

Obama to Betray the Middle Class, Seniors and the Poor




November 12, 2011 at 19:05:50

Super Collusion: Will Obama and Capitol Dems Betray the Middle Class, Seniors and the Poor?

By (about the author)


Two new reports suggest that the President and Congressional Democrats are about to betray everything Democrats once stood for. Under pressure from Barack Obama, Democrats on the "Super Committee" have sketched out an appalling "compromise" proposal that would almost certainly doom both their 2012 electoral chances and his own.

They'd have it coming. Their draft plan literally takes crutches away from poor people to protect tax breaks for the wealthy.

Unfortunately, middle class and impoverished Americans would suffer much more than they would. Career politicians can always look forward to comfortable sinecures from the wealthy interests who will benefit from their proposal. But the rest of us would once again be punished for the excesses of the rich, then left to the untender mercies of our new Republican leaders.

That, and not the fate of a President or a party, would be the real tragedy.

Pain Threshold

The President's actively pressuring Super Committee members from both parties to come up with a budget-slashing deal, according to a report in today's Washington Post. In addition, Obama is also urging them not to cancel the automatic $1.2 trillion in cuts that would be triggered under current law if they fail to make an agreement.

Another story, from the Huffington Post's Sam Stein, gave details on the Democrats' latest proposed "compromise." These two stories paint the picture of a President and a party who are willing to keep taxes low for the wealthy, and who would pay for it by proposing cuts that punish seniors, doctors and the poor.

Why? So they can say they "successfully governed" with extremist Republicans? To please international markets that, in reality, couldn't care less? So the President can campaign as "above left and right," as if differences in principle are a bad thing? Because they've been spiritually suffocated by the cultural norms of Washington's insular culture?

There are more questions than answers. Here's one more: With Democrats like this, who needs Republicans?

Low rates for the wealthy

Stein reports that the Democratic proposal would keep tax rates for the wealthiest Americans at the historically low Bush-cut rate of 35 percent to please the GOP. (That rate was 91 percent under Eisenhower, 50 percent at the start of Reagan's term, and 39 percent under Clinton.) The very wealthiest among us would continue to savor these unusually low tax rates to sweeten the fruits of ever-increasing wealth inequity.

The Dems would also accept the principle of "corporate tax reform to enhance competitiveness," which sounds a lot like a bid for lower tax rates for corporations. That would be offset by reductions in overly indulgent tax breaks, such as those that apply to corporate jets. But corporations would still retain expensive accountants and even more expensive lobbyists. I'll bet you a big chunk of your future Medicare benefits how that would turn out.

Oh, wait. These Democrats are already placing that bet. We'll get to that shortly.

Those are the breaks

The party's internal discussion document includes "triggers" that would take effect if Congress can't cut these deductions itself. One of those triggers is described as "a Feldstein-type limitation on itemized deductions for higher income taxpayers." They're referring to Martin S. Feldstein, the former Reagan advisor who wants to eliminate tax breaks for solar panels or electric cars. More significantly, Feldstein also wants to cap tax deductions at 2 percent of income -- for everyone.

Feldstein's op-ed in the New York Times explained that "Taxpayers with incomes of $25,000 to $50,000 would pay about $1,000 more in taxes; those with incomes of more than $500,000 might pay $40,000 more." In other words, the poor must pay part of the bill for the excesses of the rich.

To be sure, the Democratic proposal says it would target "higher income taxpayers," which is not Feldstein's plan. But who'll have better lobbyists when those tax exemptions are being defined -- the rich and the corporations, or the middle class? And we learned what conservatives mean by "higher income" when the Concord Coalition suggested that anyone earning over $20,000 per year should be targeted for Social Security means testing when they retire.

That's the kind of person the Dems would be dealing with in their detailed tax negotiations.

Here's one more thing these Democrats should understand and explain: Tax breaks for items like solar power or electric cars are a good thing. They serve the public interest, which is what public policy is supposed to do. They reduce our dependence on foreign oil, protect our environment, and improve public health. That saves us money, too.

The unkindest cuts of all

The Democratic proposal also includes cuts of $250 billion to providers under Medicare. Unless they're very well designed (they won't be), that will mean problems with access to doctors and adequacy of care.

There's also a cut of $100 billion in benefits for seniors. That would affect every single person in the United States who reaches retirement age, along with those who become disabled.

Depending on how those "Feldstein tax increases" were structured, many retired Americans could see their Medicare benefits reduced -- and lose a tax deduction for paying those costs out of their own pockets.

There would also be cuts to Medicaid's prevention and public health trust fund, one of the most "Democratic" aspects of last year's health care bill. So the proposal would subvert one of the provisions in the law they just passed. This cut doesn't just target the vulnerable. It's also economically foolish, since it cuts programs that can prevent costlier illnesses later on. And the Democrats would also cut $5 billion for Medicaid's "DME," which presumably means "durable medical equipment" like crutches and wheelchairs.

It looks like Democrats will literally propose taking wheelchairs away from poor people so we can keep tax rates low for the wealthy.

Tone Deaf

The White House issued a stunningly inappropriate statement about the Committee, saying the automatic "trigger" cuts the President's defending were "agreed to by both parties to ensure there was a meaningful enforcement mechanism to force a result from the Committee." The statement went on to say:

"Congress must not shirk its responsibilities. The American people deserve to have their leaders come together and make the tough choices necessary to live within our means, just as American families do every day in these tough economic times."

That's not merely an economically silly statement, although it's certainly that. The analogy between the U.S. budget and that of a family is fatuous (how many families print their own currency, which is the world's standard?), misleading (even families will invest in their future sometimes), and ruthless (few families would argue that a balanced budget is more important than a wheelchair or crutches for Grandma).

This statement revives the troubling question of whether this White House and this President have lost their moral compass along with their understanding of economics.

It's true that the President and Congress should not "shirk their responsibilities" -- to provide jobs for the unemployed and reduce the swelling ranks of the impoverished. It's devastating that the President chose to apply those words to a lopsided, premature, and misguided exercise in austerity economics instead.

The Bottom Line

There comes a time when ethical people have to take a stand, and this is one of them. Democrats must reject the premise behind these negotiations. If they don't, it raises serious questions about their party's values, future and social worth.

Today's deficits were caused by wild and reckless tax cuts for the wealthiest among us, along with the cost of two unnecessary wars and the consequences of bank greed and recklessness. It's a terrible mistake to ask the Americans who were wounded most by deficit-causing behavior to carry so much of the cost of fixing it. And to propose cuts to Medicare and Medicaid simply to preserve low tax rates for the wealthy is nothing less than a moral obscenity.

In these dark times, here are the President's and Congress's real and unshirkable responsibilities: To help 25 million un- or under-employed Americans get back on their feet. To stop Wall Street looters from making off with our nation's riches. To restore tax fairness and economic justice. To invest in our crumbling infrastructure. To create economic growth that will fix deficits in the long term. To ensure retirement security for all Americans. To ensure genuine access to health care for all. And to stem the growing tide of poverty.

Maybe these professional politicians are constitutionally hardwired to compromise and deal, and are therefore incapable of recognizing when doing so is to reinforce great wrongs. But if they can't see it, we'll have to show them -- with phone calls, emails and a very clear message about the consequences they'll face next November if they go through with this plan.

This proposal, along with the whole Super Committee process, is a dying gasp from the failed "bipartisan" economic consensus that brought us deregulation, the financial crisis, rampant banker criminality, and inequitable distribution of wealth. It must be discarded with all the other refuse of that cynical, tragical, failed experiment.

Politicians who don't understand that may wind up being discarded, too.


Richard (RJ) Eskow is a former executive with experience in health care, benefits, and risk management, finance, and information technology. Richard worked for AIG and other insurance, risk management, and financial organizations. He was also a (more...)

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