Tuesday Reads: Romney’s Gaffe-tastic European Tour, #NBCfail, the War on Women, and More

Good Morning!!

Mitt Romney is going to wrap up his gaffe-tastic European vacation today, but the gaffes may not be over yet. I read in JJ’s late night post last night that he’s going to make a speech in which he attacks Russia and Putin and criticize Obama for making efforts to cooperate with Russia on some issues like controlling nukes. Whatever happened to Romney’s promise that he wasn’t going to criticize current U.S. policies while overseas?

After all of Romney’s pandering during his visit to Israel, Ehud Barak spoke highly of President Obama in an interview with CNN’s Wolf Blitzer yesterday.

Israel’s Deputy Prime Minister and Minister of Defense Ehud Barak said the Obama White House has been the most supportive administration throughout the two countries’ diplomatic relations on matters of Israeli security, in an interview to air Monday on “The Situation Room with Wolf Blitzer.”

Barak -also a former prime minister of Israel – said that though historically administrations from both political parties have supported the Jewish state President Obama’s support, security-wise, is unparalleled.

“I think that from my point of view as defense minister they are extremely good, extremely deep and profound. I can see long years, um, administrations of both sides of political aisle deeply supporting the state of Israeli and I believe that reflects a profound feeling among the American people,” said Barak. “But I should tell you honestly that this administration under President Obama is doing in regard to our security more than anything that I can remember in the past.”

I’d love to be a fly on the wall when Romney finds out about that.

As JJ also noted last night, NBC is not getting rave reviews on its delayed and edited coverage of the Olympic games. In just one of their #NBCfail updates the Independent reports that Bob Costas, whom I usually like, “made a series of jingoistic remarks, including a joke about Idi Amin when Uganda’s team appeared.” Of course the loudest complaints have been about NBC’s refusal to show any of the events live.

There was feverish anticipation for the debut of the USA men’s basketball “dream team”, who began their hugely hyped Olympic campaign yesterday afternoon. But you wouldn’t have known it by turning on a television in their home country.

While Kobe Bryant and other big names in US sport were completing a 98 to 71-point victory, viewers of American network NBC were forced to watch edited highlights of a women’s cycling race that had been completed several hours earlier.

It was the latest in a string of mistakes by the broadcaster, whose coverage is sparking ridicule from TV critics and outrage from the US public. For most of the weekend, the phrase “NBC Fail” was trending on Twitter.

Why would I bother to watch when the winners and losers have already been announce earlier in the day? I wouldn’t bother watching a delayed broadcast of a Red Sox game either, but sometimes I stay up till all hours watching them when they’re out on the West Coast.

In another update, The Independent reports that one of their reporters, Guy Adams, was suspended from Twitter after NBC complained of his many negative tweets about their coverage.

The NYT Media Decoder reports that another yuppie journalist has bitten the dust.

A publishing industry that is notoriously ill-equipped to root out fraud. A magazine whose famed fact-checking department is geared toward print, not the Web. And a lucrative lecture circuit that rewards snappy, semi-scientific pronouncements, smoothly delivered to a corporate audience.

All contributed to the rise of Jonah Lehrer, the 31-year-old author, speaker and staff writer for The New Yorker, who then executed one of the most bewildering recent journalistic frauds, one that on Monday cost him his prestigious post at the magazine and his status as one of the most promising, visible and well-paid writers in the business.

An article in Tablet magazine revealed that in his best-selling book, “Imagine: How Creativity Works,” Mr. Lehrer had fabricated quotes from Bob Dylan, one of the most closely studied musicians alive. Only last month, Mr. Lehrer had publicly apologized for taking some of his previous work from The Wall Street Journal, Wired and other publications and recycling it in blog posts for The New Yorker, acts of recycling that his editor called “a mistake.”

By Monday, when the Tablet article was published online, both The New Yorker and Mr. Lehrer’s publisher, Houghton Mifflin Harcourt, made it clear that they had lost patience with him.

Fabricating quotes from Bob Dylan? How stupid can you get? This guy must have a fear of success.

The War on Women continues apace. In Arizona a judge (a Clinton appointee yet) has ruled that the state’s restrictive abortion law can take effect.

U.S. District Judge James Teilborg said the statute may prompt a few pregnant women who are considering abortion to make the decision earlier. But he said the law is constitutional because it doesn’t prohibit any women from making the decision to end their pregnancies.
The judge also wrote that the state provided “substantial and well-documented” evidence that an unborn child has the capacity to feel pain during an abortion by at least 20 weeks.
Republican Gov. Jan Brewer signed the measure into law in April, making Arizona one of 10 states to enact types of 20-week bans.

Arizona’s ban, set to take effect Thursday, prohibits abortions starting at 20 weeks of pregnancy except in medical emergencies. That is a change from the state’s current ban at viability, which is the ability to survive outside the womb and which generally is considered to be about 24 weeks. A normal pregnancy lasts about 40 weeks.
The New York-based Center for Reproductive Rights and another group filed a notice that they would be appealing Teilborg’s decision to the 9th U.S. Circuit Court of Appeals.

The law will result in more babies being born even though they have no chance of survival.

Under a new Arizona abortion law that takes effect Thursday, more babies with fatal fetal defects are expected to be carried to term, even though they will die within minutes, hours or days. But more will also be done to help their families get through the trauma of losing a child.

House Bill 2036 forbids doctors from aborting most fetuses with a gestational age of 20 weeks or older, even in situations where the doctor discovers the fetus has a fatal defect. The law also defines gestational age as beginning on the first day of the woman’s last period, meaning abortions are actually banned starting at 18 weeks of pregnancy — typically about the same time a doctor would perform ultrasounds where most abnormalities are detected.

Eight other states also ban abortions after 20 weeks, but Arizona is the only one with a law that actually pushes the ban back to 18 weeks into the pregnancy.

At Salon Irin Carmon spells out the “insanity” that “prevails in Arizona.

The Clinton-appointed district court judge in Arizona just did something, well, unprecedented. He upheld Arizona’s ban on abortions after 20 weeks, claiming it didn’t actually “ban” abortions before viability, it just “regulates” them down to the most grueling emergencies.

Worse, Teilborg even regurgitated the suspect science of “fetal pain,” a first in the federal courts, though his decision was based on the contorted “regulation” versus “ban” finding. The Supreme Court has repeatedly held that the state can only ban abortions after viability, regardless of the rationale, but Teilborg found that Arizona’s H.B. 2036 “does not impose a substantial obstacle to previability abortions,” because a woman can still get an abortion after 20 weeks if she’s about to die or suffer major physical impairment.

“It’s such a game of semantics, to the point of Alice in Wonderland,” ACLU staff attorney Alexa Kolbi-Molinas told Salon. “When the Supreme Court said you cannot ban any abortions prior to viability, regardless of whether there are any exceptions to that ban, that’s exactly what they meant.”

And Virginia’s abortion clinics are still struggling to meet the ridiculous requirements they have been given by the state’s General Assembly.

Rosemary Codding has tried for months to scrape together enough to pay for a costly renovation to her Falls Church clinic, where women get checkups, Pap smears and abortions.

Codding is still short of the up to $1 million it would take to update the 50-year-old building — it needs wider hallways, new ventilation systems and additional patient rooms — after Virginia enacted some of the nation’s toughest restrictions on abortion clinics.

The General Assembly voted last year to require the guidelines, which were quickly adopted by the state’s Board of Health. In a surprise move, the panel later exempted the state’s existing clinics, including Codding’s on busy Lee Highway.

But Attorney General Ken Cuccinelli II (R) refused to sign off on the board’s decision, arguing that it lacked the legal authority to exclude the operating clinics.

Bill Clinton will play a “key role” at the Democratic Convention.

Former President Bill Clinton will have a marquee role in this summer’s Democratic National Convention, where he will make a forceful case for President Barack Obama’s re-election and his economic vision for the country, several Obama campaign and Democratic party officials said Sunday.

The move gives the Obama campaign an opportunity to take advantage of the former president’s immense popularity and remind voters that a Democrat was in the White House the last time the American economy was thriving.

Obama personally asked Clinton to speak at the convention and place Obama’s name in nomination, and Clinton enthusiastically accepted, officials said. Clinton speaks regularly to Obama and to campaign officials about strategy.

In contrast, George W. Bush and Dick Cheney will not attend the Republican Convention. We still don’t know if Mitt the Twit will invite Sarah Palin.

Elizabeth Warren will also speak in prime time, but will not deliver the keynote speech.

Elizabeth Warren will not deliver the keynote speech at this year’s Democratic National Convention, but instead will speak immediately before former President Bill Clinton on what party officials hope will be an energetic penultimate night.

Warren and Clinton will speak in primetime on Wednesday, Sept. 5, and form a one-two punch aimed at crystallizing the choice between President Obama and Republican Mitt Romney in the general election, the Obama campaign said.

The Massachusetts Senate candidate will contrast the president’s economic plan with Romney’s, and outline the impact it will have on middle-class families across the country.

“At the president’s side, Elizabeth Warren helped level the playing field for all Americans and put in place safeguards to ensure that everyone, from Wall Street to Main Street, play by the same set of rules,” said Stephanie Cutter, a deputy Obama campaign manager.

That’s all I’ve got for today. What are you reading and blogging about?


The Republican Witchhunt Against Attorney General Eric Holder

First, I want to state up front that I don’t understand the Republican obsession with “Operation Fast and Furious.” Frankly, I’ve paid almost no attention to the story until recently. But I guess if you watch Fox News it’s a huge story that is connected to Republican fears that President Obama is coming to take away their guns.

Republicans have been convinced that Obama wants to strip their Second Amendment rights since before the 2008 election–even though Obama has shown no interest at all in changing gun laws. He didn’t even propose any sort of gun control after the shooting of former Arizona Rep. Gabrielle Giffords. Of course Republicans never let facts get in the way of their beliefs.

“Fast and Furious” is part of a “gun walking” program begun by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) under the George W. Bush administration. Here is video in which radio talk show host Thom Hartman explains the program and the controversy.

Here’s a transcript of Hartman’s presentation:

Republicans live in an alternate universe. It’s a universe where Attorney General Eric Holder conspired with President Obama to sell a bunch of guns to Mexico in hopes that those guns would eventually make their way back to the United States – kill Americans – and create a crisis that gives the administration justification to then start confiscating everyone’s guns. I know this sounds like a tin foil hat conspiracy. But it’s how Republicans – in their alternate universe – have spun this so-called “Fast and Furious” program run out of the Department of Justice.

But for those who don’t watch Fox News and don’t know what Fast and Furious is – here are the facts. It was a program started by the Bush Administration – and it’s purpose was simple – though arguably misguided. Basically – the Bureau of Alcohol, Tobacco, Firearms, and Explosives sold guns across the border in Mexico – in hopes that they could then track those guns as they made their way up to Mexico’s biggest drug cartels – to then bust up those big drug cartels. The plan didn’t work out too well – and in December of 2010 – a border patrol agent named Brian Terry was killed in a firefight with suspected undocumented immigrants along the Souther Border in Arizona. And it was later discovered that one of the guns that killed Agent Terry was traced back to the ATF’s Fast and Furious gun-running mission.

A month later – the ATF ended the Fast and Furious program. And the Republicans began their conspiracy-theory witch-hunt against Attorney General Eric Holder. Again – Attorney General Holder has handed over thousands of documents to comply with Chairman Darryl Issa’s investigation. The only documents he hasn’t handed over are ones that pertain to ongoing criminal investigations – which are not subject to Congressional subpoena. And Holder’s witchunt is even turning off other prominent Republicans. As Politico reported last month, “Speaker John Boehner of Ohio, Majority Leader Eric Cantor of Virginia and Majority Whip Kevin McCarthy of California have decided to slow Rep. Darrell Issa’s drive to hold the attorney general in contempt…Some within House GOP leadership circles would like Issa to abandon his plan for a committee and floor vote…They fear negative political fallout from citing the U.S. attorney general with contempt of Congress in an election year.” Yet next week – Republicans – stuck on their delusion and led by Darryl Issa – will vote to hold Attorney General Holder in contempt of Congress. They’ll do that rather than anything constructive – like trying to figure out what went wrong in the Fast and Furious program to begin with – or better yet – trying to figure out how to get Americans back to work.

It’s well known that Republicans plotted to commit treason on President Obama’s inauguration day – when the likes of Eric Cantor, John Kyl, and Newt Gingrich came together at a fancy steakhouse in Washington, DC and vowed to sabotage the economy to ruin the President’s first term. Voting no again and again to economic stimulus is just one part of the plan. The other is to carry out witchhunts – be it against Attorney General Holder – or Treasury Secretary Geithner – or President Obama’s so-called “czars” This isn’t about justice – this is about distractions, sabotage, and treason – led by people like Eric Cantor and executed by people like Darrell Issa. The only question is – who will hold these people to account when they succeed in crashing the economy and sentencing millions of Americans to poverty and desperation?

Yesterday, Attorney General Holder met with Rep. Darrell Issa, Chairman of the House Oversight Committee, in a last ditch attempt to satisfy Issa’s unreasonable demands (He has been demanding records that Holder cannot legally release).

Issa’s committee is specifically seeking documents that show why the Department of Justice decided to withdraw as inaccurate a February 2011 letter sent to Congress that said top officials had only recently learned about Fast and Furious.

Holder said he offered to turn over some of the documents sought by Issa when they met Tuesday in a final effort to resolve the dispute before Wednesday’s hearing. Issa, however, said Holder put unreasonable conditions on his offer.

In a letter to Issa after Tuesday’s meeting, [Deputy Attorney General James] Cole reiterated Holder’s position that the documents would show Holder had nothing to hide about his role in Fast and Furious.
Cole noted that the lone point of dispute was whether the February 4, 2011, letter was part of a broader effort to obstruct a congressional investigation.

“The answer to that question is an emphatic ‘no’ and we have offered the committee the opportunity to satisfy itself that that is so,” Cole wrote.

Predictably, Rep. Issa was not satisfied. Today, the President asserted Executive Privilege to protect Holder in his refusal to release the documents.

This afternoon the House Oversight Committee voted to hold the Attorney General in contempt.

The 23-to-17 vote, which fell along party lines, came after President Obama invoked executive privilege to withhold the documents and communications among Justice Department officials last year as they grappled with the Congressional investigation into the case. As part of the operation, weapons bought in the United States were allowed to reach a Mexican drug cartel in an effort to build a bigger case….

Deputy Attorney General James Cole said in a letter to Mr. Issa that the president was claiming privilege over the documents, although he suggested that there might yet be a way to negotiate the release of some of the contested documents.

“We regret that we have arrived at this point, after the many steps we have taken to address the committee’s concerns and to accommodate the committee’s legitimate oversight interests regarding Operation Fast and Furious,” Mr. Cole said in the letter. “Although we are deeply disappointed that the committee appears intent on proceeding with a contempt vote, the department remains willing to work with the committee to reach a mutually satisfactory resolution of the outstanding issues.”

Here are a couple of primers for those of us who don’t watch Fox News and don’t think the President wants to take away everyone’s guns:

Think Progress: Five Things To Know About The Republican Witchhunt Against Attorney General Holder.

Wall Street Journal: The Fast and Furious Dispute: A Guide.

I’d also like to call your attention to a post I wrote about Rep. Darrell Issa back in January, 2011: New Chairman of House Oversight Committee Lacks Moral Gravitas (To Put It Mildly). I spent quite a bit of time researching Issa’s history of criminality and corruption, and wrote about it in this post after the Republicans took over the House.

The full House still has to vote on whether to cite Holder for contempt of Congress, but it sounds like “Fast and Furious” is the new “Whitewater.” There’s no there there, but Republicans will continue to pretend it’s a real controversy; and the media will continue writing and talking about it.


Thursday Reads

Good Morning!!

I think I have a few interesting links for you this morning, so let’s get right to it.

Those New Orleans cops who killed two people on the Danzinger Bridge after Hurricane Katrina got real prison time yesterday.

Four New Orleans police officers were sentenced to 38 to 65 years in prison for convictions including violating the civil rights of two people killed a week after Hurricane Katrina devastated the city in 2005.

U.S. District Judge Kurt D. Engelhardt in New Orleans sentenced a fifth officer today to six years in prison for covering up the crimes.

A federal jury in August convicted officers Kenneth Bowen, Robert Gisevius, Robert Faulcon and Anthony Villavaso of opening fire on unarmed black civilians on the city’s Danziger Bridge and conspiring with others to cover up their actions. The fifth, homicide detective Arthur “Archie” Kaufman, was convicted of conspiring to make the shootings appear justified.

“We hope that today’s sentences give a measure of peace and closure to the victims of this terrible shooting, who have suffered unspeakable pain and who have waited so patiently for justice to be done,” Thomas E. Perez, assistant attorney general for the Justice Department’s civil rights division, said in an e-mailed statement. “The officers who shot innocent people on the bridge and then went to great lengths to cover up their own crimes have finally been held accountable for their actions.”

Finally, some justice at a time when we are becoming aware of so many cases of African Americans being killed without any repercussions for the killers.

Last night I wrote about the judges of the Fifth Circuit Court of Appeals ordering the Justice Department to attend a hearing and be lectured about the President of the United States daring to make a few comments about his belief that the Supreme Court would not overturn the ACA. The hearing turned out to be even more ludicrous than I could have imagined. Jeffrey Toobin called it a “judicial hissy fit.”

An appeals court judge who claimed President Barack Obama was challenging the authority of federal courts was just throwing a “judicial hissy-fit,” according to CNN legal analyst Jeffrey Toobin.

“Totally extraordinary and totally inappropriate,” Toobin said. “This was a judicial hissy-fit.”

U.S. 5th Circuit Court of Appeals Judge Jerry Smith on Tuesday demanded a “three page, single spaced” letter from the Justice Department regarding the authority of the federal courts to strike down laws passed by Congress. Obama said Monday that the “unelected” Supreme Court should not to take the “extraordinary” and “unprecedented” step of striking down the Affordable Care Act.

“What the President said was entirely appropriate, entirely within his rights as an American citizen to express his opinions about this law,” Toobin continued.

“He wasn’t intimidating the Supreme Court. He couldn’t intimidate the Supreme Court if he wanted to. He was simply saying that he believes this law is constitutional, and this judge, doing this ridiculous patronizing act to the Department of Justice has simply made himself look ridiculous.”

A three-page, single spaced letter? Good grief! Of course the right wing nuts are overjoyed and crowing over this. Remember when they were so much against “judicial activism?” Remember just recently when Newt Gingrich talked about the dictatorship of the judges (or similar words)?

Eric Holder also defended the President’s remarks:

U.S. Attorney General Eric Holder said Wednesday that the Justice Department will respond “appropriately” to a federal appellate judge in Texas who demanded a letter recognizing federal courts’ authority to strike down laws passed by Congress.

Holder spoke a day after 5th U.S. Circuit Court of Appeals Judge Jerry Smith questioned President Barack Obama’s remarks this week about an “unelected” court possibly striking down the president’s health care overhaul. Smith, during oral arguments in a separate challenge to the health law, asked the Justice Department for a three-page, single-spaced letter affirming the federal court’s authority.

When asked during a Wednesday news conference in Chicago what an appropriate response to Smith would be, Holder said, “I think what the president said a couple of days ago was appropriate. He indicated that we obviously respect the decisions that courts make.”

“Under our system of government … courts have the final say on the constitutionality of statutes,” Holder said. “The courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people, Congress, pass.”

Spencer Ackerman at the Danger Room got hold of a memo written by Philip Zelikow, who was an adviser to former Secretary of State Condoleezza Rice, in which he said that the torture techniques that had been supported by the Bush Justice Department amounted to war crimes.

Zelikow argued that the Geneva conventions applied to al-Qaida — a position neither the Justice Department nor the White House shared at the time. That made waterboarding and the like a violation of the War Crimes statute and a “felony,” Zelikow tells Danger Room. Asked explicitly if he believed the use of those interrogation techniques were a war crime, Zelikow replied, “Yes.”

Zelikow first revealed the existence of his secret memo, dated Feb. 15, 2006, in an April 2009 blog post, shortly after the Obama administration disclosed many of its predecessor’s legal opinions blessing torture. He briefly described it (.pdf) in a contentious Senate hearing shortly thereafter, revealing then that “I later heard the memo was not considered appropriate for further discussion and that copies of my memo should be collected and destroyed.” [….]

Zelikow’s memo was an internal bureaucratic push against an attempt by the Justice Department to flout long-standing legal restrictions against torture. In 2005, he wrote, both the Justice and State Departments had decided that international prohibitions against “acts of cruel, inhuman, or degrading treatment or punishment which do not amount to torture” do not “apply to CIA interrogations in foreign countries.” Those techniques included contorting a detainee’s body in painful positions, slamming a detainee’s head against a wall, restricting a detainee’s caloric intake, and waterboarding.

Zelikow wrote that a law passed that year by Congress, restricting interrogation techniques, meant the “situation has now changed.” Both legally and as a matter of policy, he advised, administration officials were endangering both CIA interrogators and the reputation of the United States by engaging in extreme interrogations — even those that stop short of torture.

Of course Zelikow couldn’t know back then that the next President, supposedly a Democrat would defend the war criminals in court and refuse to release videos and photos that would reveal the horrors of what the CIA had done.

Former Senator and 1972 presidential candidate George McGovern, who is 89, has been hospitalized in Florida. His daughter Ann McGovern told the AP that her dad

was admitted to Flagler Hospital in St. Augustine, Fla., on Tuesday evening for tests to figure out why he occasionally passes out and loses his ability to speak, she said.

“He’s comfortable. The tests are continuing to see if they can determine what’s causing this,” Ann McGovern said.

Hospital officials said the elder McGovern is in stable condition. McGovern splits his time between Florida and South Dakota, where he was a South Dakota congressman from 1957 to 1961 and a U.S. senator from 1963 to 1981. He has been hospitalized several times in recent months, including for exhaustion.

South Dakota Democratic Party Chairman Ben Nesselhuf said McGovern looked great and was in good spirits when he attended the party’s annual fundraiser, named in his honor, last weekend in Sioux Falls. Nesselhuf said the former senator, who gave a 20-minute speech at the affair, resists efforts to schedule rest periods during such events because “he wants to do everything.”

Yesterday on MSNBC’s Morning Joe, Joe Scarborough came out and said what most people who have been watching the Republican clown show are thinking: Mitt Romney has no chance to win the presidency in 2012. In fact, Republicans are already looking ahead to 2016.

Joe Scarborough: Nobody thinks Romney is going to win. Can we just say this for everybody at home? I have yet to meet a person in the Republican establishment that thinks Mitt Romney is going to win the general election this year. They won’t say it on TV because they’ve got to go on TV, and they don’t want people writing them nasty emails. I obviously don’t care. I have yet to meet anybody in the Republican establishment that worked for George W. Bush, that works in the Republican Congress, that worked for Ronald Reagan that thinks Mitt Romney is going to win the general election.

Duh! Who wants to vote for a man who has made himself into a laughing stock?

Have you heard about the giant feathered dinosaur fossils that have been found in China? They were as big as a bus and had fuzzy feathers all over them.

The discovery of a giant meat-eating dinosaur sporting a downy coat has some scientists reimagining the look of Tyrannosaurus rex.

With a killer jaw and sharp claws, T. rex has long been depicted in movies and popular culture as having scaly skin. But the discovery of an earlier relative suggests the king of dinosaurs may have had a softer side.

The evidence comes from the unearthing of a new tyrannosaur species in northeastern China that lived 60 million years before T. rex. The fossil record preserved remains of fluffy down, making it the largest feathered dinosaur ever found.

If a T. rex relative had feathers, why not T. rex? Scientists said the evidence is trending in that direction.

“People need to start changing their image of T. rex,” said Luis Chiappe, director of the Dinosaur Institute at the Natural History Museum of Los Angeles County, who was not part of the discovery team.

Those are my picks for today. What are you reading and blogging about?


Broken Windows And The Stealing Of Hearts

Yesterday I read an interesting essay by William Black over at New Economic Perspectives.  In the essay, Black, who headed the forensic audit team during the S&L crisis, pulls forward the Broken Window Theory, a criminological model based on a simple and some have said simplistic idea.  The theory was introduced by James Q. Wilson and received a fair amount of popularity during the 1990s, particularly in conservative circles.

Readers might remember Rudy Giuliani’s ‘war against graffiti,’ his zero-tolerance campaign in NYC.  That effort, the elimination of the squeegee men and the crack down on street prostitution among other things were based on the broken window philosophy, which uses an abandoned building metaphor.

Imagine a building in any neighborhood [although Wilson focused exclusively on what he termed ‘blue-collar crime.’]  The first broken window of our abandoned building if left unrepaired sends a clear message to antisocial types:  no one cares about this building.  So, it’s open season on all the other windows, on anything of value that’s been left behind.  If the owner doesn’t care about the integrity of the building then the street tough is encouraged to vandalize and take whatever’s not nailed down.

The attitude feeds on itself or so the theory goes. Honest citizens are less likely to confront the petty thief, which only encourages others to act out in destructive, antisocial ways.  Honest citizens begin to feel overwhelmed and outnumbered and stop safeguarding their own neighborhoods.   What’s the point? they say.    No one cares.  Communities begin to self-destruct.

Now whether you buy into this crime theory or not, I think the metaphor holds when you consider what we’ve been witnessing in the degradation of our financial markets, our legal system, even the refusal to admit that ‘there’s trouble in River City.’

As Professor Black points out, if we were to take Wilson’s theory and apply it to the explosion of ‘white collar crime’ within our financial system, it would be a major step in restoring the integrity of our system and bolstering peer pressure against misconduct.   As it stands now, Wall Street movers and shakers and their DC handmaidens have implemented business-as-usual policies that reward the thief and punish the whistleblower.  As Black points out in the essay:

We have adopted executive and professional compensation systems that are exceptionally criminogenic. We have excused and ignored the endemic “earnings management” that is the inherent result of these compensation policies and the inherent degradation of professionalism that results from allowing CEOs to create a Gresham’s dynamic among appraisers, auditors, credit rating agencies, and stock analysts. The intellectual father of modern executive compensation, Michael Jensen, now warns about his Frankenstein creation. He argues that one of our problems is dishonesty about the results. Surveys indicate that the great bulk of CFOs claim that it is essential to manipulate earnings. Jensen explains that the manipulation inherently reduces shareholder value and insists that it be called “lying.” I have seen Mary Jo White, the former U.S. Attorney for the Southern District of New York, who now defends senior managers, lecture that there is “good” “earnings management.”

My husband had some unsettling experience in this area.  Early in his career, he worked as a CPA [the two companies will remain nameless].  But in each case, he was ‘asked’ to clean up the numbers, make them look better than they were.  He refused and found himself on the street, looking for employment elsewhere.  I remember him saying at the time, ‘Look, I’m a numbers guy.  I’ve never been good at fiction writing.’  This was back in the late 70s early 80s, so this attitude has been a long time in the making.  Now, we’re seeing accounting fraud that is literally off the charts.  Is it any wonder the country’s financial system is on life support?

We can see the destructive results of this careless, corrupt posturing all around us.  Professor Black continued:

Fiduciary duties are critical means of preventing broken windows from occurring and making it likely that any broken windows in corporate governance will soon be remedied, yet we have steadily weakened fiduciary duties. For example, Delaware now allows the elimination of the fiduciary duty of care as long as the shareholders approve. Court decisions have increasingly weakened the fiduciary duties of loyalty and care. The Chamber of Commerce’s most recent priorities have been to weaken Sarbanes-Oxley and the Foreign Corrupt Practices Act. We have made it exceptionally difficult for shareholders who are victims of securities fraud to bring civil suits against the officers and entities that led or aided and abetted the securities fraud. The Private Securities Litigation Reform Act of 1995 (PSLRA) has achieved its true intended purpose – making it exceptionally difficult for shareholders who are the victims of securities fraud to bring even the most meritorious securities fraud action.

Reading this, I immediately sensed we could apply the metaphor just as easily to our legal predicament.  Dak wrote to this yesterday—about the disheartening disrepair of our justice system, which was badly wounded during the Bush/Cheney years with the help of eager lawyers like John Yoo, stretching, reinterpreting, rewriting the parameters on the subjects of torture, indefinite detention, rendition, etc.

Not to be outdone, Eric Holder stood before Northwestern University’s Law School the other day and with the same twisted logic, explained away due process, otherwise known as ‘how to justify assassination.’  In this case, American citizens, those the President deems are a threat to the Nation, can be killed on native ground or foreign soil. Jonathon Turley, law professor at George Washington University and frequent legal commentator in the media, headed a recent blog post as follows:  Holder Promises to Kill Citizens with Care.

Sorry, this does not make me feel better.  What it does make me think is lawlessness simply breeds more lawlessness.  The Broken Window theory writ large.  As Turley explained:

The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated yesterday at Northwestern. The good news is that Holder promised not to hunt citizens for sport.

Holder proclaimed that “The president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war — even if that individual happens to be a U.S. citizen.” The use of the word “abroad” is interesting since senior Administration officials have asserted that the President may kill an American anywhere and anytime, including the United States. Holder’s speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added “Our legal authority is not limited to the battlefields in Afghanistan.”

Turley went on to comment that Holder was vague, to say the least, when it came to the use of these ‘new’ governmental/executive powers, claiming that the powers-that-be will only kill citizens when:

“the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States.”

And as far as ‘due process?”  Holder declared that:

“a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’”

Chilling!  As Turley grimly noted in an earlier post, this is no longer the land of the free.

Seemingly unrelated was this report from the New York Times: the heart of Dublin’s 12th-century patron saint was stolen earlier this week from Christ’s Church Cathedral.  The heart of Laurence O’Toole had been housed in a heart-shaped box, safely secured [or so church authorities believed] within an iron cage.  The relic’s disappearance was preceded by a rash of reliquary robberies from churches, monasteries and convents around Ireland.  According to the article:

The small cage hosting the heart-shaped box containing the relic was tucked away in an innocuous alcove at the side of a small altar. Visitors to the cathedral on Monday stared at the twisted bars and the empty space behind. The bars themselves were sundered evenly.

According to Dermot Dunne, dean of Christ Church, the box had lain undisturbed for centuries.  He had no idea why someone would take it.

Whether it’s the heart of a saint or the heart of a Nation, the theft is a grievous insult. The crime betrays the public trust and our basic sense of decency.  But the thieves of O’Tooles’s heart performed a curious act before exiting.

The Irish culprits lit candles at two of the Cathedral’s altars.  Which means the perpetrators possessed, at the very least, an ironic sense of tradition.

The same cannot be said of our homegrown hooligans. Crass greed and the lust for unlimited power have their own dark tradition.  As Americans, we do not expect vice to be confused with virtue.  In the past, we could not imagine a blatant disrespect for the Rule of Law–crimes ignored, excused, then openly declared necessary for whatever raison du moment.

Not here, we told ourselves repeatedly.  Not in the United States.

Perhaps, we should light candles of our own.  A small devotion for the lost and dying.


I See Dead People

Maybe this should be the new Republican mantra for a suitable candidate in 2012.  If Republican politicians aren’t conjuring up the ghost of Ronald Reagan every fifteen minutes, they can go back further into the annals of GOP glory and dig up another Republican corpse.  Say . . . Ike Eisenhower.  And lo and behold, that’s exactly what NY Times columnist Ross Douthat attempts in his recent “The Greatness of Ike” piece, which extolls the General’s many virtues, bemoans the fact that Eisenhower is overshadowed by the likes of FDR, ties for twelfth-place in POTUS rankings with Jimmy Carter and is generally under appreciated.

The man may have a point.

I recall Eisenhower’s warnings about the industrial/military complex being aired frequently throughout my living memory.  Yet no one has paid much attention beyond nodding and saying: yes, the man was right.  I suspect the current state of affairs, the country involved in a decade of senseless war, where defense contractors and mercenaries have been made fat and happy, proves the General’s point.  Only problem for the Republicans is that it was likes of George W. Bush, Dick Cheney and Donald Rumsfeld who led the disastrous charge into Iraq on false allegations, hyped-up claims about weapons of mass destruction, and then offered a breath-taking defense of torture for national security purposes.  Even more startling, they got away with it, leaving the country bleeding and bankrupt in their wake.  All in the name of democracy, freedom and ‘shop ‘till you drop’ exhortations.

It was a moment of infamy, as someone once said.

This is why the glance backwards always skips over those inconvenient years of woeful mismanagement and fiscal insanity.  No doubt the current batch of 2012 candidates, the Fearless Four, bring angst to all Republican hopefuls convinced, only a few, short months ago, that a 2012 victory was inevitable, a piece of cake.

A powerful dose of nostalgia makes the medicine go down easier.

Surely, the good ole days seem ever more grand as Rick Santorum raises the flag for a home-grown theocracy and dances with the Devil, Mitt Romney continues to stumble over his own tongue [revealing his wife drives ‘two’ Caddies], Newt Gingrich beats his breast over the secular plot to undermine America and Ron Paul, the cuddly libertarian, begins to look and sound strangely reasonable.

What’s a true-blue Republican to do?

Dig up some corpses.

Am I, a thoroughly disenchanted Democrat gloating?  In a pinch, yes.  In the long-term, no, because I’m stuck with a candidate I did not vote for in 2008, a man who has proven himself less a champion of Democratic principles than even I ever expected.

As a Nation, we are stuck in a rut for which there seem few alternatives.  The legacy parties offer nothing but more of the same—craziness on one side and the uninspiring ‘we suck less than they do’ on the other.  As a voter, I’ve vowed to go 3rd party  in November [unless the Republicans were to choose Santorum, then I’ll vote directly against him].  However, in the larger frame all I see are monied interests, directing and maneuvering what is suppose to be a ‘free’ election.  It has virtually nothing to do with me or my values.  On the contrary, it’s all about the persistence of a political class and their cash-soaked benefactors calling for war and protecting their national interests, the gutting of our social contract; the unwillingness to formulate a sensible energy program sans the giant fossil fuel companies’ interference or address the critical and devastating slippage in education, infrastructure, healthcare and employment opportunities.

We have plenty of money for bombs.  But not our people.  Bailouts are bad.  Unless our representatives are saving the asses of and colluding with the corrupt TBTFs.  Water and food is the stuff of life until there’s a pipeline, gushing with sludgy oil and money, to compromise both.

Ed Rollins, former Reagan strategist, made a statement recently about the 2012 Republican field:

“Six months before this thing got going, every Republican I know was saying, ‘We’re gonna win, we’re gonna beat Obama.’ Now even those who’ve endorsed Romney say, ‘My God, what a fucking mess.’

That about sums it up, not simply about the Republican field but the entire country.  It is an effing mess.  And there’s no savior on the horizon.  In fact, there’s no savior anywhere.  Unless we, the American public, do the saving.  But that means coming together on issues where we can agree.  The gridlock in DC gets us absolutely nowhere.  It’s enough to put anyone into a funk.

But then this morning I read an article about environmentalists and Tea Party activists coming together to fight Keystone XL, the pipeline extension from Nebraska to Texas.  For the Tea Party,  it’s all about individual property rights and the way TransCanada, a foreign company, has attempted to strong-arm property owners.  For the environmentalists it’s about preserving fertile farm land and a major aquifer from the too real danger of irreversible contamination.  The nexus of agreement between these two wildly divergent political groups is this: the Keystone pipeline does not serve the public’s interest.

That’s the winning hand: the public’s interest.  Not the oil companies, not the 196 people funding the SuperPacs, not the banks, not the Democratic or Republican parties.

What serves the public’s interest.

We, American citizens, can find ways to work together or continue to be spectators to the endless political theater, the Kabuki dance we call elections.  And once more we’ll be digging up corpses, which could very well be our own.