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Wednesday, September 11, 2013

Obama’s Case for Syria Didn’t Reflect Intel Consensus



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

Obama’s Case for Syria Didn’t Reflect Intel Consensus

IPS – Contrary to the general impression in Congress and the news media, the Syria chemical warfare intelligence summary released by the Barack Obama administration August 30 did not represent an intelligence community assessment, an IPS analysis and interviews with former intelligence officials reveals.

Contrary to the general impression in Congress and the news media, the Syria chemical warfare intelligence summary released by the Barack Obama administration August 30 did not represent an intelligence community assessment, an IPS analysis and interviews with former intelligence officials reveals.

The evidence indicates that Director of National Intelligence James Clapper culled intelligence analyses from various agencies and by the White House itself, but that the White House itself had the final say in the contents of the document.

Leading members of Congress to believe that the document was an intelligence community assessment and thus represents a credible picture of the intelligence on the alleged chemical attack of August 21 has been a central element in the Obama administration’s case for war in Syria.

That part of the strategy, at least, has been successful. Despite strong opposition in Congress to the proposed military strike in Syria, no one in either chamber has yet challenged the administration’s characterisation of the intelligence. But the administration is vulnerable to the charge that it has put out an intelligence document that does not fully and accurately reflect the views of intelligence analysts.

Former intelligence officials told IPS that that the paper does not represent a genuine intelligence community assessment but rather one reflecting a predominantly Obama administration influence.

In essence, the White House selected those elements of the intelligence community assessments that supported the administration’s policy of planning a strike against the Syrian government force and omitted those that didn’t.
In a radical departure from normal practice involving summaries or excerpts of intelligence documents that are made public, the Syria chemical weapons intelligence summary document was not released by the Office of the Director of National Intelligence but by the White House Office of the Press Secretary.
It was titled “Government Assessment of the Syrian Government’s Use of Chemical Weapons on August 21, 2013.” The first sentence begins, “The United States government assesses,” and the second sentence begins, “We assess”.

The introductory paragraph refers to the main body of the text as a summary of “the intelligence community’s analysis” of the issue, rather than as an “intelligence community assessment”, which would have been used had the entire intelligence community endorsed the document.

A former senior intelligence official who asked not to be identified told IPS in an e-mail Friday that the language used by the White House “means that this is not an intelligence community document”.

The former senior official, who held dozens of security classifications over a decades-long intelligence career, said he had “never seen a document about an international crisis at any classification described/slugged as a U.S. government assessment.”

The document further indicates that the administration “decided on a position and cherry-picked the intelligence to fit it,” he said. “The result is not a balanced assessment of the intelligence.”

Greg Thielmann, whose last position before retiring from the State Department was director of the Strategic, Proliferation and Military Affairs Office in the Bureau of Intelligence and Research, told IPS he has never seen a government document labeled “Government Assessment” either.

“If it’s an intelligence assessment,” Thielmann said, “why didn’t they label it as such?”

Former National Intelligence Officer Paul Pillar, who has participated in drafting national intelligence estimates, said the intelligence assessment summary released by the White House “is evidently an administration document, and the working master copy may have been in someone’s computer at the White House or National Security Council.”

Pillar suggested that senior intelligence officials might have signed off on the administration paper, but that the White House may have drafted its own paper to “avoid attention to analytic differences within the intelligence community.”
Comparable intelligence community assessments in the past, he observed – including the 2002 Iraq WMD estimate – include indications of differences in assessment among elements of the community.

An unnamed “senior administration official” briefing the news media on the intelligence paper on August 30 said that the paper was “fully vetted within the intelligence community,” and that, ”All members of the intelligence community participated in its development.”

But that statement fell far short of asserting that all the elements of the intelligence community had approved the paper in question, or even that it had gone through anything resembling consultations between the primary drafters and other analysts, and opportunities for agencies to register dissent that typically accompany intelligence community assessments.

The same “senior administration official” indicated that DNI Clapper had “approved” submissions from various agencies for what the official called “the process”. The anonymous speaker did not explain further to journalists what that process preceding the issuance of the White House paper had involved.
However, an Associated Press story on August 29 referred to “a report by the Office of the Director of National Intelligence outlining the evidence against Syria”, citing two intelligence officials and two other administration officials as sources.

That article suggests that the administration had originally planned for the report on intelligence to be issued by Clapper rather than the White House, apparently after reaching agreement with the White House on the contents of the paper.

But Clapper’s name was not on the final document issued by the White House, and the document is nowhere to be found on the ODNI website. All previous intelligence community assessments were posted on that site.

The issuance of the document by the White House rather than by Clapper, as had been apparently planned, points to a refusal by Clapper to put his name on the document as revised by the White House.

Clapper’s refusal to endorse it – presumably because it was too obviously an exercise in “cherry picking” intelligence to support a decision for war – would explain why the document had to be issued by the White House.

Efforts by IPS to get a comment from the Office of the Director of National Intelligence suggest strongly that Clapper is embarrassed by the way the Obama White House misrepresented the August 30 document.

An e-mail query by IPS to the media relations staff of ODNI requesting clarification of the status of the August 30 document in relation to the intelligence community was never answered.

In follow-up phone calls, ODNI personnel said someone would respond to the query. After failing to respond for two days, despite promising that someone would call back, however, ODNI’s media relations office apparently decided to refuse any further contact with IPS on the subject.

A clear indication that the White House, rather than Clapper, had the final say on the content of the document is that it includes a statement that a “preliminary U.S. government assessment determined that 1,429 people were killed in the chemical weapons attack, including at least 426 children.”
That figure, for which no source was indicated, was several times larger than the estimates given by British and French intelligence.

The document issued by the White House cites intelligence that is either obviously ambiguous at best or is of doubtful authenticity, or both, as firm evidence that the Syrian government carried out a chemical weapons attack.
It claims that Syrian chemical weapons specialists were preparing for such an attack merely on the basis of signals intelligence indicating the presence of one or more individuals in a particular location. The same intelligence had been regarded prior to August 21 as indicating nothing out of the ordinary, as was reported by CBS news August 23.

The paper also cites a purported intercept by U.S intelligence of conversations between Syrian officials in which a “senior official” supposedly “confirmed” that the government had carried out the chemical weapons attack.
But the evidence appears to indicate that the alleged intercept was actually passed on to the United States by Israeli intelligence. U.S. intelligence officials have long been doubtful about intelligence from Israeli sources that is clearly in line with Israeli interests.

Opponents of the proposed U.S. strike against Syria could argue that the Obama administration’s presentation of the intelligence supporting war is far more politicised than the flawed 2002 Iraq WMD estimate that the George W. Bush administration cited as part of the justification for the invasion of Iraq.
Gareth Porter is an investigative historian and journalist specialising in U.S. national security policy. The paperback edition of his latest book, Perils of Dominance: Imbalance of Power and the Road to War in Vietnam, was published in 2006. Read other articles by Gareth.

Monday, August 12, 2013

Lon Snowden: Obama 'Either Being Misled... Or He Is Intentionally Misleading The American People'


August 12, 2013

politics


Lon Snowden: Obama 'Either Being Misled... Or He Is Intentionally Misleading The American People'

        

The Huffington Post  |  By Posted:   |  Updated: 08/11/2013 1:33 pm EDT





















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President Barack Obama addressed Edward Snowden on Friday in a press conference.
Lon Snowden, the father of NSA leaker Edward Snowden, offered some harsh words for President Obama on Sunday.

"I was disappointed in the president's press conference," he said on ABC's This Week. "I believe that's driven by his clear understanding that the American people are absolutely unhappy with what they've learned and that more is going to be forthcoming."

Obama discussed the situation with Snowden during a press conference on Friday.

The president chastised the former NSA contractor, saying, "I don't think Mr. Snowden is a patriot ... I signed an executive order all before Mr. Snowden leaked this information that provided whistleblower protection to the intelligent committee or the first time, so there were other avenues available for somebody whose conscience was stirred and felt they needed to question government actions.

But Lon Snowden disagreed with the president's claim.

"The president made the statement that Edward -- that the president had enacted whistle-blower laws that protected contractors like my son Edward, that is absolutely untrue. Either the president is being misled by his advisers or he is intentionally misleading the American people."

Watch the full clip above.

Monday, August 5, 2013

Odd: The Obama Veto of The Decision Samsung Won Against Apple




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Odd: The Obama Veto of The Decision Samsung Won Against Apple

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It hit me as odd, when I heard on the radio that overnight, Samsung stock value had dropped a billion dollars-- because of the decision by Obama, communicated by US Trade Representative Michael Froman, to overturn the court ruling that favored Samsung. It's the first time such a veto has been made in 25 years. 

Samsung has spent a fortune pursuing this patent violation case.  There are two ways to pursue a patent violation-- in the civil courts and through the United States International Trade Commission.   (ITC) 

Usually,  for big players, when the first, civil route fails to yield success, the ITC route is chosen. 

This time, it worked for Samsung. All but one of the six ITC commissioners supported Samsung's claims against Apple. But the dissenting voice, Dean A. Pinkert  , opposed the decision because of failure to meet FRAND-- Fair, Reasonable, and Non-Discriminatory- criteria for licensing. 

From http://www.flickr.com/photos/76744449@N07/7364958586/: Apple iPhone 4S vs Samsung Galaxy note
Apple iPhone 4S vs Samsung Galaxy note by sidduz

So Obama's brand spanking new US Trade Representative, Michael Froman, stepped in and issued a letter voiding the decision, a virtual veto. That will earn Apple many billions of dollars in revenues-- which, as are the rest of Apple's revenues, un-taxed, because of the loopholes Apple has used to avoid taxation. 

A Gigaohm article explained the reasons for the veto,
The decision  signed by the U.S. Trade Representative cited "substantial concerns" over "the potential harm that can result in owners of standards-essential patents"gaining undue leverage and engaging in a "patent holdup.'"

That 'patent holdup' is ALL about the failure to FRAND criteria for fair and reasonable licensing. 

Let's talk about Trade Rep Froman for a moment. He's one of the Robert Rubin bankster acolytes, a former managing director at Citigroup, that Obama has surrounded himself with, also a classmate of Obama's. He actually introduced Obama to Rubin-- sort of like introducing someone to the devil. 


Froman will be Obama's main lead man for getting TPP-- the Transpacific Partnership trade deal passed. This is a horrific treaty that is bad for America. 

Mike Massnick writes, in Techdirt.com,
"... Hopefully, this signals a bit of a change in understanding under the new USTR, such that there's a real recognition that overaggressive intellectual property laws and enforcement can have a seriously negative impact. Of course, the more cynical among you might note that this is also the US government stepping in to protect the US company (Apple) against a foreign company (Samsung). An even more cynical group might further note that the Obama administration also probably didn't want to deal with the headache of headlines about how the federal government had suddenly banned a bunch of iPhones and iPads... But, for the sake of being optimistic, let's hope that this really is a sign of a more thoughtful USTR, which isn't quite as wedded to intellectual property maximalism, as its predecessors have been."

The problem is, the ITC is a US agency and it ignored the  FRAND criteria, siding with corporate "intellectual property maximalism."  Imagine if, and probably WHEN, the TPP trade deal is passed, when anonymous business leaders will be the ones making such decisions. And remember that the TPP agreement will allow the TPP to prevail over US laws. 

Frankly, I've written this because it's odd, the first time in 25 years. And it involves a Rubin bankster acolyte I don't trust and expect bad things from. So, I'm hoping you, the readers, will help do some digging and tying together connections I haven't seen. 


Rob Kall is executive editor, publisher and website architect of OpEdNews.com, Host of the Rob Kall Bottom Up Radio Show (WNJC 1360 AM), and publisher of Storycon.org, President of Futurehealth, Inc, and an inventor . He is also published regularly on the Huffingtonpost.com

Saturday, July 27, 2013

Barack Obama, The “Hamlet” President.


 

The Epic Human Journey: Part 2, Summer

Barack Obama

The “Hamlet” President.

 
 
 
 




In this scary historical moment we’re living through, the world cries out for a visionary, transformative leader… someone who has the gumption and guts – like Franklin D. Roosevelt did in the aftermath of the 1929 crash – to shift paradigms, demolish sacred cows and move the nation in bold new directions. In his election campaign, Barack Obama signaled that he could be that kind of a President, but as soon he entered the White House, the Washington establishment, the military-industrial complex, Big Finance, Big Pharma, AIPAC, the NRA – that whole corrupt money system of lobbyists, patronage and kickbacks, the revolving door that rules Washington – chewed him up and spat him out again.

After that he was never able to summon the courage to take a stand on any of the big issues. He never brought the torturers to justice, never got Netanjahu to blink on the settlements. He hasn’t closed Guantanamo or made Wall Street pay. He was never able to harness the power of the people behind him cheering him on.
He will go down in history as the Hamlet president, the “to be or not to be” pontificator who could never quite make up his mind… never quite seize the moment and act. Too bad for America… and the rest of us.
 

Saturday, July 20, 2013

Obama Explains Black America To White America

NPR



President Obama tackled race head-on in his first on-camera response to George Zimmerman's acquittal in the shooting death of Florida teenager Trayvon Martin.
President Obama tackled race head-on in his first on-camera response to George Zimmerman's acquittal in the shooting death of Florida teenager Trayvon Martin.
Carolyn Kaster/AP

The days are few and far between when President Obama has intentionally reminded us that he is the first African-American president.

Friday was one.

The president did something no other holder of his office has ever had the life experience to do: He used the bully pulpit to, as an African-American, explain black America to white America in the wake of last week's acquittal of George Zimmerman in the shooting death of unarmed teenager Trayvon Martin.

Appearing unannounced before surprised reporters who were expecting the White House press secretary, it was Obama — "the bridge" as New Yorker editor David Remnick has called him — trying to span a divide. It was Obama trying to help white Americans comprehend black America's reaction to the Martin-Zimmerman tragedy.

To a degree, it was reminiscent of the widely hailed Philadelphia speech Obama made during to explain American racial realities during the controversy over the Rev. Jeremiah Wright.

For that moment, Obama's bridge went two ways as he explained whites to blacks and blacks to whites. That speech found Obama standing between two races as the son of a black African father and white American mother and translating for each side.

Not so with Friday's remarks: They were one way. The president focused on why so many African-Americans have reacted as if they were gut-punched from the time they first learned of the circumstances surrounding the shooting until the verdict. He made no attempt to explain whites to blacks.

To whites who have insisted the case wasn't about race, the president explained why so many blacks disagree. In a powerful reminder of his unique place in history, he cited his own personal experience as an African-American.
You know, when Trayvon Martin was first shot, I said that this could have been my son. Another way of saying that is, Trayvon Martin could have been me 35 years ago. And when you think about why, in the African-American community at least, there's a lot of pain around what happened here, I think it's important to recognize that the African-American community is looking at this issue through a set of experiences and a history that — that doesn't go away.

There are very few African-American men in this country who haven't had the experience of being followed when they were shopping in a department store. That includes me.
While other presidents have had their common-man stories of hardship or challenge, this is first time a president has been able to tell this particular story of being a minority who was racially profiled.

Or the story of the head of the Justice Department, for that matter. Just days ago Attorney General Eric Holder told of how, when he was a U.S. attorney, police stopped him as he ran down a Washington street because he was trying to make it to a movie.

The president is right that it seems like almost every African-American male has at least one story about being profiled. As a teenager in New York City heading to basketball games with teammates I was twice stopped by police officers who held their guns on us because, they said, we fit the description of crime suspects they were looking for. We were walking while black.

While he was ever Obama, gentle and cautious in his comments, the president made clear his strong disagreement with those who suggest blacks should be more concerned about violence by blacks against other blacks than by whites against blacks since the former poses the greater threat to young black males.
This made for another striking moment. Obama essentially said to white Americans "we get it," but he went further. He suggested that what bothers many blacks is that too many whites act as if this violence came out of nowhere. Or if not nowhere, out of some moral or other difference in black people.
We understand that some of the violence that takes place in poor black neighborhoods around the country is born out of a very violent past in this country, and that the poverty and dysfunction that we see in those communities can be traced to a very difficult history.

And so the fact that sometimes that's unacknowledged adds to the frustration. And the fact that a lot of African-American boys are painted with a broad brush and the excuse is given, well, there are these statistics out there that show that African-American boys are more violent — using that as an excuse to then see sons treated differently causes pain.
It's potent stuff to blame the violence in black neighborhoods on the violence and poverty tens of millions of blacks have been subjected to over the course of American history. It was Obama telling many white Americans to stop blaming the victim.

Obama's Friday comments very likely went some way toward satisfying many African-Americans who had wanted to hear from the president ever since the Zimmerman verdict came down — and wondered where he was. Aside from a brief written statement issued shortly after Zimmerman was acquitted, he had been quiet on the issue.

Conservative reaction ranged from to scornful.

For a president who has in the past drawn significant criticism from many blacks for lecturing to African-American audiences about the need to be more responsible parents, Friday's message came from a completely different direction.

Interestingly, though, in a way it came from the same place, the president's identity as African-American. As the nation's first black president, he has been in the unique position of being able to speak to black audiences about the need for greater responsibility.

But it was also that very African-Americaness that allowed him to speak so personally and honestly about the Martin-Zimmerman case and to be the bridge to whites that might help them better understand what so many blacks have been experiencing.

Thursday, July 11, 2013

7 Ways The Obama Administration Has Accelerated Police Militarization


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7 Ways The Obama Administration Has Accelerated Police Militarization

Posted:   |  Updated: 07/10/2013 7:37 pm EDT



















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There were signs that President Barack Obama might rein in the mass militarization of America's police forces after he won the White House. Policing is primarily a local issue, overseen by local authorities. But beginning in the late 1960s with President Richard Nixon, the federal government began instituting policies that gave federal authorities more power to fight the drug trade, and to lure state and local policymakers into the anti-crime agenda of the administration in charge. These policies got a boost during Ronald Reagan's presidency, and then another during President Bill Clinton's years. Under President George W. Bush, all of those anti-drug policies continued, but were supplemented by new war on terrorism endeavors -- yet more efforts to make America's cops look, act and fight like soldiers.

But Obama might have been different. This, after all, was the man who, as a candidate for the U.S. Senate in 2004, declared the war on drugs an utter failure. As Reason magazine's Jacob Sullum wrote in a 2011 critique of Obama's drug policy:
Obama stood apart from hard-line prohibitionists even when he began running for president. In 2007 and 2008, he bemoaned America’s high incarceration rate, warned that the racially disproportionate impact of drug prohibition undermines legal equality, advocated a “public health” approach to drugs emphasizing treatment and training instead of prison, repeatedly indicated that he would take a more tolerant position regarding medical marijuana than George W. Bush, and criticized the Bush administration for twisting science to support policy -- a tendency that is nowhere more blatant than in the government’s arbitrary distinctions among psychoactive substances.
Indeed, in his first interview after taking office, Obama's drug czar, Gil Kerlikowske, said that the administration would be toning down the martial rhetoric that had dominated federal drug policy since the Nixon years. "Regardless of how you try to explain to people it's a 'war on drugs' or a 'war on a product,' people see a war as a war on them," Kerlikowske told The Wall Street Journal. "We're not at war with people in this country."

This was an notable break from previous administrations. Rhetoric does matter, and for a generation in the U.S., cops had incessantly been told that they were in a war with drug offenders -- this, in a country where about half the adult population admits to having smoked marijuana.

Unfortunately, while not insignificant, the change in rhetoric has largely been only that. The Obama administration may no longer call it a "war," but there's no question that the White House is continuing to fight one. Here's a quick rundown of where and how Obama's policies have perpetuated the garrison state:

1. Pentagon Giveaways

In 1997, Congress added a section to a defense appropriations bill creating an agency to transfer surplus military gear to state and local police departments. Since then, millions of pieces of equipment designed for use on a battlefield -- such as tanks, bayonets, M-16s, and armored personnel carriers -- have been given to domestic police agencies for use on American streets, against American citizens.

Under Obama, this program has continued to flourish. In its October 2011 newsletter (motto: “From Warfighter to Crimefighter”), the agency that oversees the Pentagon giveaways boasted that fiscal 2011 was the most productive in the program's history. And by a large margin. “FY 11 has been a historic year for the program,” wrote program manager Craig Barrett. “We reutilized more than $500M, that is million with an M, worth of property in FY 11. This passes the previous mark by several hundred million dollars. ... Half a billion dollars in reutilization was a monumental achievement in FY 11.”

2. Byrne Grants

In 1988, Congress created a new federal crime-fighting program called the Byrne grant, named for Edward Byrne, a New York City narcotics officer killed by a drug dealer. Over the years, these grants have created multi-jurisdictional anti-drug and anti-gang task forces all over the country. Because these task forces usually cover more than one jurisdiction, they often aren't fully accountable to, say, a police chief or an elected sheriff. Moreover, they're often funded either with additional Byrne grants, or with money seized in asset forfeiture proceedings. They can operate with little or no funding from the polities they police.

The results have been unsettling. These task forces have caused numerous deaths, been responsible for botched drug raids on the wrong houses, and have been implicated in corruption scandals. It was Byrne-funded task forces that were responsible for the debacles in Tulia and Hearne, Texas, about a decade ago, in which dozens of people -- nearly all poor and black -- were wrongly raided, arrested and charged with drug crimes. One woman falsely charged in Hearne was Regina Kelly, subject of the movie "American Violet." In a 2007 interview, Kelly told me that the violent raids had been going on for years in Hearne before the task force was finally caught.

"They come on helicopters, military-style, SWAT style,” Kelly said. “In the apartments I was living in, in the projects, there were a lot of children outside playing. They don’t care. They throw kids on the ground, put guns to their heads. They’re kicking in doors. They just don’t care.”

The George W. Bush administration had actually begun phasing out the Byrne program. It had been funded at a half-billion dollars per year through most of the Clinton presidency. By the time he left office in 2008, Bush had pared it to $170 million a year. But the grants have long been a favorite of Vice President Joe Biden. And so Obama campaigned on fully restoring their funding, declaring that the Byrne grant program “has been critical to creating the anti-gang and anti-drug task forces our communities need.” On that promise at least, he has delivered. As part of the 2009 American Recovery and Reinvestment Act, Obama infused the program with $2 billion, by the far the largest budget in its history.

3. COPS Grants

The Community Oriented Policing Services, or COPS, program has followed a similar trajectory. Its aim is noble, at least in theory. Community policing is the idea that cops should be proactive, and consider themselves part of the communities they serve. They should know the names of school principals, be friendly with business owners, attend neighborhood meetings.

This isn't the definition of community policing held by many police officials. In the late 1990s, criminologist Peter Kraska found, for example, that many police chiefs consider frequent SWAT raids and similarly aggressive policing to be a core part of a community policing strategy. In fact, some said they considered sending SWAT teams to patrol entire neighborhoods to be sound community policing.

Moreover, police department budgets are fungible -- there's really no way to control how these grants are spent once they arrive at the police station. A 2001 report by the Madison Capital Times found that many Wisconsin police agencies that received COPS grants in the 1990s had in fact used them to start SWAT teams. When presented with these findings, one criminologist was aghast, telling the paper, "Community policing initiatives and stockpiling weapons and grenade launchers are totally incompatible.”

Just as it had with Byrne grants, the Bush administration was phasing out the COPS program in the 2000s. But like the Byrne grants, COPS grants have long been a favorite of Biden. In fact, Biden often takes credit for creating the program, and claims it's responsible for the sharp drop in violent crime in America that began in the mid-1990s. (There's no evidence to support that contention, and a 2007 analysis in the peer-reviewed journal Criminology concluded “COPS spending had little to no effect on crime.”)

And so Obama resurrected COPS, too. During his first year in office, he increased the program's budget by 250 percent.

4. DHS Anti-Terror Grants

The Department of Homeland Security has been giving its own grants to police agencies. These grants have been used to purchase military-grade equipment in the name of fighting terrorism. The grants are going to cities and towns all over America, including to unlikely terrorist targets like Fargo, N.D.; Fond du Lac, Wis.; and Canyon County, Idaho. Once they have a new armored personnel carrier, or new high-powered weapons, most of these police agencies then put them to use in more routine police work -- usually drug raids.

According to a 2011 report by the Center for Investigative Reporting, the federal government has handed out $34 billion in grants since Sept. 11, 2001. The grants have also given rise to contractors that now cater to police agencies looking to cash DHS checks in exchange for battle-grade gear. All of which means there's now an industry -- and inevitably a lobbying interest -- dedicated to perpetuating police militarization.

5. Medical Marijuana Raids

Despite campaign promises to the contrary, Obama has not only continued the Bush and Clinton administration policy of sending SWAT teams to raid medical marijuana growers, shops, and dispensaries in states that have legalized the drug, he appears to have significantly increased enforcement. Just two years into his presidency, Obama's administration had conducted about 150 such raids. The Bush administration conducted around 200 medical marijuana raids over eight years.

Obama has also stepped up the heavy-handed raids often used to enforce immigration laws. In 2012, his administration deported more people than in any prior year in American history. He's on pace to deport 2 million people by 2014, a figure equal to the total number of people ever deported from American until 1997.

6. Heavy-Handed Police Tactics

In 2011, an armed team of federal agents raided the floor of the Gibson guitar factory in Nashville, Tenn. The raid made national headlines and picked up traction in the the tea party movement, largely because it had been conducted to enforce the Lacey Act, a fairly obscure environmental law -- not the sort of policy most people would think would be enforced by armed federal agents. The same year, a SWAT team from the Department of Education conducted a morning raid of what they thought was the home of a woman who was suspected of defrauding federal student loan programs -- again, not the sort of crime usually associated with a SWAT action. (They also got the wrong house -- the suspect had moved out months earlier.)

The Obama administration has defended the use of aggressive, militaristic police actions in court. In the case Avina v. U.S., DEA agents pointed their guns at an 11-year-old and a 14-year-old during a drug raid on the wrong house. The agents had apparently mistaken the license plate of a suspected drug trafficker for the plate on a car owned by Thomas Avina. Obama's Justice Department argued in federal court that the lawsuit should be dismissed before being heard by a jury because the agents’ actions were not unreasonable.

To be fair, the Justice Department almost always defends federal employees from lawsuits. And it seems likely that any other modern administration would do the same thing. But it wasn't always this way. In 1973, even the drug-warring Nixon administration fired, and then criminally indicted, 12 narcotics cops for raiding the wrong homes and terrorizing innocent families. Obama may be no different than Bush, Clinton, or his rivals for the presidency in defending drug cops who point guns at children during botched raids. But there was a time in America when even the original tough-on-crime administration was appalled enough at the idea to hold such overly zealous drug cops accountable.

7. Asset Forfeiture

Under the policy of civil asset forfeiture, the government can seize any cash, cars, houses, or other property that law enforcement can reasonably connect to a crime -- usually a drug crime. The owner of the property must then go to court to show that he legitimately earned or owns it. Often the owner is never actually charged with a crime. And often, these seizures are made against people suspected of low-level crimes, so the value of the property seized can be less than the costs and hassle of hiring an attorney and going to court to win it back.

If the owner doesn't try to get his assets back, or if the court rules against him, asset forfeiture proceeds go to the police department that made the seizure. Critics say the policy creates perverse incentives for police to find drug connections that may not exist. But the policy has been lucrative for police agencies, and has been a huge contributor to the growth and use of SWAT teams to serve drug warrants. SWAT teams can be expensive to maintain.
Instead of reserving them only for genuinely dangerous situations, asset forfeiture (along with Byrne grants) creates a strong incentive to send them on drug raids. A number of states have tried to curb forfeiture abuses by requiring that proceeds from seizures go to schools, or to a general fund. But under the Justice Department's equitable sharing program, a local police agency simply needs to ask the DEA for assistance with a raid. The operation then becomes federal, and is governed by federal law. The DOJ takes a cut of the assets, then sends a large percentage back to the local police agency, effectively getting around those state laws.

Under Obama, forfeiture has flourished. According to a 2012 report from the General Accounting Office, the Justice Department's forfeiture fund swelled to $1.8 billion in 2011, the largest ever. That same year, equitable sharing payouts to local police agencies topped $445 million, also a record.

Obama has fought for broad asset forfeiture powers in court, even for local governments. In the 2009 case Alvarez v. Smith, the Obama administration defended a provision of Illinois' asset forfeiture law that allows police to seize property they believe is connected to drug activity with little evidence, then hold it for up to six months before the owner gets an opportunity to win it back in court. It's one of the harshest such laws in the country.

The argument could be made here that the Justice Department has a responsibility to defend law enforcement in court. But Obama has shown a willingness to back down from laws he opposes -- notably by instructing government attorneys to stop defending the Defense of Marriage Act from court challenges.

But even if one believes that the solicitor general has an obligation to defend federal law, this is a state law. Moreover, it's a state law that's actually harsher on property owners than corresponding federal laws. The Illinois law also applies only to property valued at less than $20,000, meaning it disproportionately affects the poor. The Obama administration could have plausibly argued against the law, or simply not taken a position. Instead, Justice Department attorneys argued for it to be upheld. The Supreme Court ultimately dismissed the case without ruling on the law.

In many of these examples, Obama is merely continuing policies that began in previous administrations. And there are some areas where he has made progress, notably by apportioning a greater portion his anti-drug budget to treatment instead of enforcement. But in several of the examples above, he has actually stepped up the policies he inherited.

Obama the candidate made some unusually frank and critical statements about the drug war, incarceration, and the criminal justice system. His drug czar then showed some rare insight into the dangers of war rhetoric when discussing domestic policing. Obama the president has been more of the same, and in some cases worse.


HuffPost investigative reporter Radley Balko is author of the new book, Rise of the Warrior Cop: The Militarization of America's Police Forces, from which this article was adapted

Sunday, June 23, 2013

Obama Builds Off Legacy of Reagan by Charging Leakers Like Snowden Under Espionage Act

FDL    FireDogLake



The Dissenter



Obama Builds Off Legacy of Reagan by Charging Leakers Like Snowden Under Espionage Act

By: Saturday June 22, 2013 12:48 pm

From ‘Grand Bargain’ to ‘Grand Collusion’





From ‘Grand Bargain’ to ‘Grand Collusion’

ON APRIL 10, PRESIDENT Obama released his formal budget for Fiscal 2014 beginning this October. Liberals should not act shocked and surprised: Obama’s repeated offers to cut Social Security cost-of-living adjustments, and other yet undefined Medicare measures, are a continuation of his practice and approach for the past two years.

The budget will usher in the final stage of negotiations over the proposed deficit cuts — Austerity American Style — that began with the recommendations of Obama’s Deficit Cutting Commission, referred to as the Simpson-Bowles report, that was made public in November 2010.






The Simpson-Bowles Commission — chaired by arch-conservative retired Senator Alan Simpson, and Bill Clinton’s chief of staff, now investment banker Erskine Bowles — proposed an approximate $4 trillion cut in U.S. deficits and debt for the subsequent decade. Their report has been the ‘template’ for deficit cutting negotiations ever since.

Issued around the time the Teapublicans took over the U.S. House of Representatives in late 2010, the report was offered by the Obama administration as the basis for negotiating a “grand bargain” of $4 trillion in deficit cuts in summer of 2011. The $4 trillion target was agreed by virtually all parties in Congress and the administration at that time — and ever since. The only difference was, and remains, “the mix:” how much in spending cuts vs. how much tax revenue hikes; how much to cut defense spending vs. how much social programs; and how much to tax the wealthiest 2% vs. the middle class.

In June 2011, Vice-President Biden was assigned by Obama to begin negotiating the basis for the “grand bargain.” He and House Speaker John Boehner attempted and failed to do so, even though Biden had offered a package of 87% spending cuts to only 13% tax hikes — even more onerous than Simpson-Bowles’ recommended 75%-25% mix.

Obama then took over negotiations with Boehner directly in July 2011. He unilaterally — i.e. with no counter concession from Boehner — offered to cut Social Security and Medicare by $700 billion to entice Boehner and House Teapublicans into a deal. Offering big cuts in Social Security-Medicare has thus been a bargaining tactic by Obama, the “carrot” dangled to the Teapublicans to entice them to agree to a $4 trillion Grand Bargain from the very beginning.

Boehner and the Teapublicans did not bite on Obama’s grand bargain offer in July 2011, however. They held firm and demanded an “all spending cuts” agreement in exchange for raising the federal government the debt ceiling in August 2011. They got their way. Obama and the Democrats caved in on all his demands by August for some tax revenue hikes. All they got from the August 2011 debt ceiling deal was agreement from the Teapublicans not to raise the debt ceiling issue again until after the November 2012 elections. Very convenient for the president and the Democrats; not so for the rest of us since the August deal involved $1 trillion in immediate social spending only cuts, mostly in public education, with another $1.2 trillion in spending only cuts — the “sequester cuts” — that would take effect on January 1, 2013.

As part of that August 2011 $2.2 trillion deal, Congress was given the option to cut even more than the $1.2 trillion ‘sequester’ part of the total. A special committee of Congress (the so- called Supercommittee of House and Senate leaders) was established and given the option to cut more than the $1.2 trillion by year end 2011. The Supercommittee, however, not surprisingly decided to “kick the can down the road,” shelvingf all deficit cutting during the 2012 election year.

Instead, in 2012 both parties and their candidates talked about economic programs neither had any intention of introducing. Regardless of who won the November 2012 election, the Simpson- Bowles “template” was waiting in the desk top drawer, to be resurrected after November 2012. And that’s just what happened: Within days following the election, Obama immediately offered $340 billion in “entitlement” program cuts in his attempt once again to resurrect the grand bargain negotiations.

Phony Fiscal Cliff: It’s the Tax Cuts, Stupid!

 
But the Teapublicans and big corporate interests, in the form of the Business Roundtable in particular -- the biggest and most influence U.S. corporate lobbying group, composed of CEOs of the largest corporations -- were neither interested in a “grand bargain” at that time. The Business Roundtable preferred to focus initially only on the Bush tax cuts that were also scheduled to expire January 1 — not the “sequestered” $1.2 trillion in spending cuts also scheduled to take effect on January 1, 2013l.

The Bush tax cuts — more than 80% accruing to wealthy households and investors — were far more important to them than the spending cuts. Their primary goal has always been to protect and extend the Bush tax cuts; cutting spending and deficits has always been secondary, and the cuts should be at the expense of social programs.

The Bush tax cuts amounted to $4.6 trillion for the coming decade, according to the Congressional Budget Office. The CBO’s projected deficits for the coming decade, should the Bush tax cuts be totally repealed, amounted to only $2.5 trillion. Extending the tax cuts meant the projected deficit would amount to around $7 trillion. To borrow the popular phrase: It’s not about deficits; it’s the Bush tax cuts, stupid!

Following last November 2012’s elections, the Teapublicans initially wanted all the Bush cuts extended permanently, but the Business Roundtable wanted some kind of a settlement on the tax issue first. Without that happening, the Roundtable’s even bigger objective of a major revision of the entire tax code, including cuts in the top rate of corporate taxes from 35% to 26%, already working its way through Congress, could not proceed. To preserve as much of the Bush tax cuts as possible the issue had to be decoupled from the sequester. Furthermore, the Bush tax cuts had to be resolved before the tax code could be revised and corporate tax rates reduced.

Following the November elections, the Roundtable therefore blocked with Obama and against the House Teapublicans. To get the public on board, the media spin given to the Bush tax cuts extension was labeled the “Fiscal Cliff.” Although the media included the sequestered spending cuts as part of the “Fiscal Cliff,” that issue was separated tactically by both the Roundtable and Obama weeks before January 1, 2013.

With the assistance of House Speaker Boehner, Obama plus the Roundtable prevailed over the Teapublicans. It was touch and go, with Teapublican leaders like Ryan and Cantor wavering and striking a neutral pose to protect their ultra-conservative credentials. But no doubt in the end, campaign finance spending by the Roundtable big corporations prevailed and the Obama- Roundtable-Boehner nexus were able to swing a sufficient number of House Republicans to get a “tax deal” on January 1, 2013.

And how sweet a deal it was. Only $60 billion a year of the deficit was reduced, impacting less than 0.7% of the wealthiest households — far fewer than Obama’s promised 2%. Moreover, as part of the deal, the Alternative Minimum Tax was permanently repealed (amounting to about $100 billion a year tax cut benefit to the wealthy), the Inheritance Tax was cut even more generously than under Bush, and all the other Bush tax cuts were made permanent. No need to extend them ever again.

The total cost in revenue loss and therefore deficit increase that remained was $4 trillion over the coming decade. Ironically, that’s just about what the Simpson-Bowles commission recommended in deficit reduction. The deficit for the coming decade was thus raised from $2.5 trillion to now about $7 trillion as result of the Bush tax cut deal — billed as “avoiding the Fiscal Cliff” — of January 1, 2013. Now the attack on spending could begin in earnest once again, and focusing on entitlements in particular.

As part of the January 1 deal, the sequestered additional $1.2 trillion in spending cuts were postponed for two more months, until March 1, 2013. In signing the deal on January 2, Obama declared that more tax revenue hikes would have to be negotiated in future deals. No doubt he and Democrats believed that the March 1 date would put pressure on the Teapublicans to compromise on more tax hikes in exchange for avoiding the approximate $500 billion in defense spending cuts that were part of the sequestered $1.2 trillion going into effect on March 1.

There was also the March 27, 2013 date when the Federal government would run out of money to pay its bills. Surely, the Teapublicans didn’t want to get blamed again for that fiasco, as they had been in the past? And thereafter there was the May 18, 2013 revisiting of the debt ceiling extension. Obama undoubtedly believed that somewhere along this line the Republicans would give him the token tax hikes he needed as cover to agree to his massive cuts in Social Security, Medicare and Medicaid he was always willing to make as part of a Grand Bargain.

But the Teapublicans again called his bluff. They let the sequestered spending cuts, including the defense cuts, go into effect on March 1, 2013. They then agreed to fund the government past March 27 and suggested as well the debt ceiling would not be an issue. This left Obama with no bargaining leverage for insisting on tax revenue hikes. His answer has been his increasingly desperate re-offering of big Social Security and Medicare cuts in recent weeks, some of which appear in part in his April 10 budget. That will serve as a base from which he will then agree to even further cuts in subsequent negotiations with Teapublicans in the House (and Roundtable CEOs in the background).

Some Key Strategic Questions

 
The question is why have the Teapublicans agreed to the token January 1 tax hikes? Why did they agree to allow the $1.2 trillion sequestered cuts, including defense spending, go into effect? Why did they not engage in brinksmanship again on March 1 or March 27, unlike wqhat they did in August 2011? And why will they not go to the brink again on the debt ceiling issue when it arises once more in May?

The answer to the first question is that they got a tax deal they simply couldn’t refuse on January 1, and one which their big corporate campaign benefactors, the Business Roundtable, wanted. After having blocked with Obama prior to the January 1 deal, however, the Roundtable has since shifted gears and adopted in total the Teapublicans’ position on subsequent spending cuts.
In February 2013, the Roundtable came out with its position paper on the matter of sequestered cuts and entitlement spending. It proposed to cut the Social Security COLA (cost of living adjustment), introduce a means test for Medicare, raise the eligibility age for both Medicare AND social security to 70, and convert Medicare into a voucher system in 2022. That’s exactly the Teapublican-Paul Ryan program.

With big corporate interests now in their corner firmly with regard to entitlement cuts as the primary focus of deficit cutting, why should the Teapublicans agree to any further tax hikes on the rich? And with the Roundtable and CEOs now firmly on their side, and the tax cuts successfully decoupled from the spending cuts, why should the Teapublicans go to the brink over shutting down the government on March 27? By March 1 they were already almost three- fourths of the way to the $4 trillion deficit target, with a total of $2.8 trillion in spending cuts and token tax hikes!

By letting the March 1 sequestered cuts take effect, the Teapublicans in effect did to Obama on the topic of defense spending what Obama had the opportunity – but didn‘t take -- to do to them on the topic of Bush tax cuts on January 1. Obama could have let all the Bush tax cuts expire January 1, and then reintroduced middle class tax cuts only on January 2. That would have put the Teapublicans in the position of having to vote down middle class tax cuts. But he didn’t, and settled for the paltry 0.7% hike on taxes on the wealthy, some of which will undoubtedly be reversed again, buried deep in the legislation, when the major tax code negotiations conclude later this year.
The Teapublicans, by allowing the sequestered defense cuts to take effect on March 1, can also always reintroduce legislation piecemeal later this year to restore many of the defense cuts.

It’s not surprising that Republican Senator, Lindsey Graham, and others in Congress, in recent weeks have offered “deals” amounting to another $1.2 trillion in deficit reduction. That number is not coincidental, as $1.2 trillion is now the remaining “target” number . Graham’s proposal is for $600 billion in Social Security and Medicare cuts and another $600 billion in unspecified tax revenues.

So why should Teapublicans precipitate a political crisis over the March 1 or March 27 deadlines? Why should they repeat the debt ceiling crisis on May 18? They’re winning hands down.

 

What Obama May Propose

 
Having agreed to decouple tax cuts on January 1 and having been outmaneuvered on March 1 and March 27, and with Teapublicans signaling there will be no debt ceiling crisis in May, Obama has been stripped of all his leverage points in bargaining. Obama has left only the option to offer even more Social security, Medicare and Medicaid cuts. And throughout March he continued to do so, once again unilaterally -- not just offering again to cut COLA adjustments for Social Security but suggesting his willingness to confront big cuts in the $600-$700 billion range for Medicare and Social Security and more for Medicaid.

But Obama has planned all along to cut Social Security and Medicare. He made that clear in his signing of the Bush tax cuts deal on January 2, 2013, during which he stated: “Medicare is the main cause of deficits.” Again in his February State of the Union address, the president publicly noted he “liked the Simpson-Bowles” recommendations concerning Medicare cuts.

And what are those recommendations? Instituting a new $550 a year deductible for Parts A and B of Medicare, and providing only 80% coverage for Part A instead of the current 100% (which would require another $150-$300 a month in private insurance to cover the remaining 20%, much like Part B now). That together amounts to another $195-$350 taken out of monthly Social Security checks, when the average for social security benefit payments is only $1100 a month today.

In other words, Medicare benefits will not be cut – but if seniors want to maintain current levels of benefits they’ll have to pay even more for them. Alternatively, they can choose to have fewer benefits and not pay more. It’s all about rationing health care, just as Obamacare for those under 65 is essentially about rationing — as were Bush’s proposals to expand health savings accounts (HSAs) and Bill Clinton’s health maintenance organization (HMOs) solution.
With only $1.2 more to cut in deficit spending to reach the Simpson-Bowles $4 trillion target, and Obama offering again his $600-$700 billion enticement in entitlement spending cuts, a deal is closer than ever before. Watch therefore for the full $600 billion in Social security, Medicare and Medicaid to take effect, the effective date of the changes to be backloaded in later years of the decade and certainly not before the 2014 midterm elections.

Expect defense spending cuts of no more than half the $500 billion proposed in the sequester, and nearly all of which will be from withdrawals from Afghanistan and Iraq operations, not from equipment spending. After 2014, most will be recouped as defense spending on naval and air force equipment and operations will ramp up for the shift of U.S. military focus to the Pacific. They Army brass haqs had its land wars in Asia; now it’s the turn of Navy and Air Force.

That leaves only a “token” tax revenue increase of about $200 billion over the coming decade, or a paltry $20 billion a year, which will come in difficult to estimate phony “loophole” closings. Major cuts in corporate taxes later in 2013 will not be factored into the Grand Bargain $4 trillion official calculations. In addition to big cuts in the top corporate tax rate, look as well for multinational corporations’ tax breaks and tax forgiveness on the $1.4 trillion they are presently sheltering in offshore subsidiaries. Of course, small-to-medium business will be thrown yet another tax cut bone to buy into the deal. In exchange, the middle class will pay more in terms of limits on deductions and exemptions.

Grand Collusion

 
In retrospect over the past three years, and especially since November 2012, the Grand Bargain looks less like a bargain and more like a “grand collusion” among the various parties — Teapublican, Big Corporate, Obama, and the pro-corporate wing of Democrats in Congress that have had a stranglehold on the Democratic party since the late 1980s.

This is not the Democratic Party of your grandfather that agreed to introduce Social Security in the 1930s and that proposed Medicare in the 1960s. This is the Democratic Party, and the Democratic President, that has agreed with Republicans and Corporate America to begin the repealing in stages of these very same programs — programs that are not “entitlements” but are in fact deferred wages earned by Americans over the decades, are now being “concession bargained” away.

Not content with concessions from those workers still in the labor force, capitalist policymakers are intent on concessions on social wages now coming due in the form of Social Security and Medicare benefits. It’s a charade from Simpson-Bowles to the present.

What should be done? Writing letters to Congress won’t change anything. What is now necessary is to begin the formation nationwide of Social Security-Medicare Defense Clubs. After all, that’s how Social Security started in the first place. Neither party proposed it in the 1930s initially.

In fact, Roosevelt initially publicly advocated that Social Security should not be part of the New Deal. A grassroots protest organized by the clubs forced him and the Democrats to reverse this position just before the midterm 1934 elections and support the proposal for Social Security. Now it’s time to reform the clubs to defend Social Security -- and the first action should be to call for a million person march on Washington to reverse whatever cuts are surely ahead.

(Copyright Jack Rasmus 2013)

Jack is the author of Obama’s Economy: Recovery for the Few (2012), which provides a history of deficit cutting in the US and predictions of its impact. His blog is jackrasmus.com. For a video presentation on Social Security and Medicare given recently to the Progressive Democrats of America, see his website.