Tuesday Reads: Larry Klayman v. NSA; CBS’ 60 Minutes v. Truth; and Police v. Foreign Diplomats
Posted: December 17, 2013 Filed under: abortion rights, birth control, Foreign Affairs, India, Media, morning reads, NSA, National Security Agency, Patriot Act, Reproductive Rights, U.S. Politics | Tags: Austrian consul, Benghazi, CBS' 60 Minutes, Devyani Khobragade, diplomatic immunity, FISA court, Freedom Watch, Indian embassy NYC, Judge Richard Leon, Judicial Watch, LA Sheriff's Office, Lara Logan, Larry Klayman, NYPD, right to privacy, winter weather 79 CommentsGood Morning!!
Our weird winter weather is continuing. This morning’s temperature outside my house is zero degrees! And we’re expecting five more inches of snow this afternoon, most of it during the afternoon rush hour. I guess all I can do is grin and bear it.
Now let’s see what’s happening in the news today.
Lots of people are excited about the ruling yesterday by US District Court Judge Richard Leon that NSA’s bulk collection of Americans’ phone records is “likely unconstitutional,” but the decision is on hold pending appeal by the Feds and as Reuters notes this morning, SCOTUS is probably going to have the final say on what happens to NSA surveillance programs following revelations from the massive trove of data stolen by Edward Snowden and passed to Glenn Greenwald and Laura Poitras.
“This is the opening salvo in a very long story, but it’s important symbolically in dispelling the invincibility of the metadata program,” said Stephen Vladeck, a national security law expert at the American University law school.
Vladeck said 15 judges on the Foreign Intelligence Surveillance Court have examined Section 215 of the USA Patriot Act, the provision of law under which the data collection takes place, without finding constitutional problems. “There’s a disconnect between the 15 judges on the FISA court who seem to think it’s a no-brainer that Section 215 is constitutional, and Judge Leon, who seems to think otherwise.”
Vladeck said there is a long road of court tests ahead for both sides in this dispute and said a higher court ultimately could avoid ruling on the big constitutional issue identified by Leon. “There are five or six different issues in these cases,” Vladeck said.
Robert F. Turner, a professor at the University of Virginia’s Center for National Security Law, predicted Leon’s decision was highly likely to be reversed on appeal. He said the collection of telephone metadata — the issue in Monday’s ruling — already has been addressed and resolved by the Supreme Court.
Maybe the solution would be to repeal the Patriot Act? Anyway, I think it’s important to note that this lawsuit was brought by Larry Klayman, a certified right wing nut who used to head Judicial Watch and now runs something called Freedom Watch.
Here’s a little background on Klayman from The New York Times:
In the 1990s, he filed numerous lawsuits against President Bill Clinton and his administration, alleging a litany of personal and professional transgressions. Mr. Klayman later nettled Vice President Dick Cheney over his secret energy policy meetings and claimed that members of George W. Bush’s administration might have known in advance of the 2001 anthrax attacks in Washington.
More recently, Mr. Klayman, who has been called “Litigious Larry,” sued OPEC, accusing oil-rich nations of price fixing and of trying to “bring Western economies to their knees.” And he sued Facebook and its founder for $1 billion when, he said, it was too slow to take down a web page that threatened Jews with death.
The guy is a weirdo, so I have to wonder what it was that convinced a conservative Bush-appointed judge like Leon. And will ne be able to convince our right wing Supreme Court? I’d love to see NSA reined in, but I have serious doubts as to whether it will happen.
More on Klayman:
Mr. Klayman is a fixture of sorts in Washington. He founded, and then parted ways, with the conservative interest group Judicial Watch, which continues litigating grievances despite Mr. Klayman’s bitter departure. (He sued Judicial Watch, too, accusing it of breach of contract and other offenses.) His 2009 book is titled “Whores: Why and How I Came to Fight the Establishment.”
Mr. Klayman has not spared the current Democratic administration. At a Tea Party rally in October, he urged conservatives “to demand that this president leave town, to get up, to put the Quran down, to get up off his knees, and to figuratively come out with his hands up.”
Last year, Mr. Klayman filed a lawsuit in Florida arguing that Barack Obama was ineligible to be president because “neither Mr. Obama, nor the Democratic Party of Florida, nor any other group has confirmed that Mr. Obama is a ‘natural born citizen’ since his father was a British subject born in Kenya and not a citizen of the United States.”
A little more on the case from Politico:
On June 6, just a day after the Guardian report [on Edward Snowden’s revelations about NSA phone data collection], Klayman filed suit in Washington on his own behalf and on behalf of two clients — Charles and Mary Ann Strange, parents of a Navy SEAL killed in a disastrous helicopter crash in Afghanistan in 2011….
Klayman said he and Charles Strange were being targeted by the government because of their claims relating to Strange’s son’s death, which include a complaint that a Muslim imam cursed the dead SEAL team members during a ceremony at Dover Air Force Base.
“My colleagues have received text messages I never sent,” Klayman told the judge. “I think they’re messing with me,” he said, referring to the government.
Klayman implored the judge to rule against the NSA program not only on legal grounds but in order to avert what the conservative gadfly said was a violent revolution on the verge of breaking out due to the federal governments [sic] unbridled use of power.
“We live in an Orwellian state,” Klayman said, warning that citizens angry about surveillance were about to “rise up.”
If litigation fails, “the only alternative is for people to take matters into their own hands,” he told Leon.
I wonder what parts of these arguments convinced Judge Leon?
Despite the weirdness, Charles Pierce is cheering Leon’s decision:
No matter what you think of Snowden, or Glenn Greenwald, and no matter what you think of what they did, this ruling does not happen if the NSA doesn’t let a contractor walk out of the joint with the family jewels on a flash drive. This ruling does not happen if we do not know what we now know, and we don’t know any of that unless Snowden gathers the data and leaks it to the Guardian. This entire country was founded after a revolution that was touched off to a great extent by the concept of individual privacy. I can forsee it becoming common practice, to use the best VPN service available to protect ourselves and our famillies.
Read all about it at the Esquire link.
I know it’s difficult for some males to understand this, but if Americans do have a right to privacy, then American women should also have that right in making decisions about what happens to their bodies–they should be able to choose whether or not and/or when to have a child. Therefore, they should have access to birth control and abortion without the interference of the state. If women–who represent more than 1/2 of the U.S. population–can’t have privacy; then there is a very big disconnect in the law that needs to be clarified. Are women people? Are they citizens? Griswald and Roe were also decided on the basis of privacy.
After their fluff piece on NSA on Sunday, CBS’ 60 Minutes announced yesterday that Lara Logan, who was “suspended” after she hosted an utterly false report on the Benghazi attacks, will be returning to the program next year. Politico’s Dylan Byers:
Logan and McClellan took leave following public pressure over an Oct. 27 report in which security contractor Dylan Davies claimed to have been present and active at the Sept. 11 raid on the U.S. diplomatic mission in Benghazi. Reports later indicated that Davies had told both his contractor and the FBI that he was not present at the compound on the night of the attack. Logan later apologized and “60 Minutes” retracted the story.
Despite public criticism and internal frustrations among some members of the “60 Minutes” team, CBS News chairman and “60 Minutes” executive producer Jeff Fager decided to stand by Logan. Earlier this month, he held a meeting with CBS News staff in which he defended the 42-year-old journalist, saying that as EP he was ultimately responsible for failing to catch the mistake.
As an antidote, I recommend reading TBogg’s take on this decision at Raw Story: Lara Logan is tan, rested and ready to come back and be kind of bad at her job again.
Last week, it was revealed that LA Sheriff’s Office deputies who have been indicted by a Grand Jury had illegally arrested and “roughed up” two foreign diplomats in 2011. From the LA Times:
An Austrian consulate official was improperly arrested and searched by L.A. County sheriff’s deputies at the Men’s Central Jail, according to four indictments filed against 18 department officials.
The incident occurred in 2011 when the official and her husband were visiting an inmate who was an Austrian national….
The Austrian consul’s husband was arrested outside the jail because he had walked near the doors going into the visiting center, according to one of the indictments unsealed Monday.
When the consul requested to speak to a supervisor about her husband’s arrest, she too was placed in handcuffs and arrested, even though she had committed no crime and would have been immune from prosecution, the indictment said.
The couple were taken to a deputy break room and searched, the indictment said.
Read more details at the link. And from Firedoglake, Peter Van Buren explains why this is so outrageous:
One of the primary jobs for any embassy or consulate abroad is the welfare of its citizens. Indeed, many of the first diplomatic outposts abroad were set up to protect sailors and merchants. This work typically includes visiting one’s citizens in foreign jails, a task young diplomats around the world conduct. As a State Department foreign service officer myself for 24 years, I must have done this hundreds of times. But no matter how many times I did it, it was always an unsettling feeling to walk into a jail, go through security into a cell or holding room, and then walk back out.
Getting out, and being treated properly inside, was however more than an act of faith on my part. Diplomats abroad are protected people; under both formal treaties and long-established traditions (“diplomatic immunity”), a country should not mess around with another’s diplomats. Take a look at Iran– over thirty years since the kidnapping of American diplomats in Tehran, our two countries still are a long, long way from reestablishing relations.
I once safely visited in an underground facility of an Asian country’s secret police an American Citizen who likely had been tortured. The system generally works everywhere, from first world countries to crappy police states in the developing world. However, one rough area where it does not work is in Los Angeles.
Please read the rest if you can.
Today we learn that the NYPD also abused a foreign diplomat. The woman, a deputy consul general at the Indian embassy in NYC was arrested and handcuffed on the street and then subjected to a strip search at police headquarters. From The Guardian:
Bulldozers have removed security barriers outside the US embassy in Delhi as a diplomatic row prompted by the arrest of an Indian diplomat on visa fraud charges in New York intensified.
Devyani Khobragade, India‘s deputy consul general in New York, was charged last week with making false statements on an application for her housekeeper to live and work in the United States.
India’s national security adviser on Tuesday called the treatment of Khobragade “despicable and barbaric” and the country’s foreign secretary summoned the US ambassador. Politicians – including Rahul Gandhi, the scion of the Nehru-Gandhi dynasty and vice chairman of the ruling Congress party, and Narendra Modi, the prime ministerial candidate of the Hindu nationalist opposition BJP – refused to meet a visiting US congressional delegation.
The removal of the barriers was one of a slew of retaliatory actions taken by the Indian government as outrage at the arrest grew, including the withdrawal of import clearances and special airport passes. The incident has become a major story in India, dominating TV bulletins.
The false statements were that Khobragade had agreed to pay the housekeeper the New York minimum wage ($9.25), but had agreed privately with the woman that her actual salary would be only 1/3 that amount.
Furious with the US for the arrest and alleged strip search of its high-ranking diplomat Devyani Khobragade, India today retaliated with a slew of measures to pare down the privileges of American diplomats. (10 latest developments)
US diplomats in consulates across India have been asked to surrender identity cards issued to them and their families, which entitle them to special privileges. India has also withdrawn all airport passes for consulates and import clearances for the embassy.
The Delhi police removed barricades outside the sprawling US embassy in the capital.
Ms Khobragade was subjected to a humiliating strip search and was kept in a cell with drug addicts after her arrest for alleged visa fraud in New York last week. (Read) Noel Clay, a spokesperson for the US State Department, told NDTV that standard procedures had been followed during Ms Khobragade’s arrest.
The US has implied that she enjoyed only limited immunity.
As part of its reciprocal measures, India is asking for details like salaries paid to Indian staff employed in US consulates, including those working as domestic helps with the families of American officials.
It seems that, between the NSA revelations and the increasing use of police state tactics by law enforcement, the US is managing to alienate much of the rest of all the world.
I’m out of space, so I’ll wrap this up. Now it’s your turn. What stories are you focusing on today? Please post your links in the comment thread and have a great day!
Monday Reads
Posted: December 16, 2013 Filed under: morning reads | Tags: Darrell Issa, Paul Ryan, Republican temper tantrums, Sun switching polarity, Syrian Human Rights violations, War on Festivus 55 CommentsGood Morning!
I’ve found a few things to keep you interested this morning. Some are depressing as usual and some are intriguing. The Sun is going to reverse polarity soon. This evidently happens every 11 years and causes some interesting space weather.
The sun switches its polarity, flipping its magnetic north and south, once every eleven years through an internal mechanism about which little is understood.
The swap could however cause intergalactic weather fronts such as geomagnetic storms, which can interfere with satellites and cause radio blackouts.
Nasa said in August that the change would happen in three to four months time, but it is impossible to give a more specific date. Scientist won’t know for around another three weeks whether the flip is complete.
The impact of the transfer will be widespread as the sun’s magnetic field exerts influence well beyond Pluto, past Nasa’s Voyager probes positioned near the edge of interstellar space.
The event will be watched closely by researchers at Stanford University’s Wilcox Solar Observatory, which monitors the sun’s magnetic field on a daily basis.
Todd Hoeksema, director of the Wilcox Solar Observatory, said the polarity change is built up throughout the eleven year cycle through areas of intense magnetic activity known as sunspots which gradually move towards the poles, eroding the existing opposite polarity.
Eventually, the magnetic field reduces to zero, before rebounding with the opposite polarity. “It’s kind of like a tide coming in or going out,” Hoeksema said. “Each little wave brings a little more water in, and eventually you get to the full reversal.”
One of the most noticeable effect on Earth will be a boost in the occurrence, range and visibility of auroras – the Northern Lights. “It’s not a catastrophic event, it’s a large scale event that has some real implications, but its not something we need to worry about,” added Hoeksema.
One more space story. The Chinese Flag is now on the moon. They landed a rover there last weekend.
Shanghaist reports China has photographed its flag on the moon for the first time in history.
China landed a rover on the moon last weekend, becoming the third country after the U.S. and U.S.S.R. to do so. No vehicle has touched the moon since 1976. China launched its first lunar orbiter in 2007.
I’ve been really upset by the news coming out of Syria recently even though our press has done a horrible job covering the country’s
squalid conditions resulting from of all the violence It’s been a harsh winter and the people are starving. There are also human rights violations even though the chemical weapons usage has ceased. Here is some information on a Syrian activists as well as foreign journalists who have been imprisoned by the brutal regiem and others.
THE Syrian regime has long enjoyed locking up activists. Mazen Darwish, who since 2004 has run the Syrian Centre for Media and Free Expression, has been in jail since February last year. Others have spent years behind bars. Sadly, some of the opponents to Bashar Assad, Syria’s president, have started to do the same. In the latest episode, on December 10th Razan Zeitouneh (pictured above), a lawyer who won several prizes last year for her dedication to peaceful activism, was taken along with three colleagues from their office in a rebel-held suburb of Damascus.
Ms Zeitouneh and her colleagues ran the Violations Documentation Centre, a local organisation that since the start of Syria’s uprising-turned-war has tracked the death toll of both the opposition and regime fighters. She has been in hiding since 2011. She was taken along with her husband Wael Hamada and Sameera Khalil, the wife of Yassin Haj Saleh, a famed Syrian writer who left the country just two months ago as civil society activists and free speakers became targeted as much by extremist groups as the regime. He wrote movingly about his experience.
The suspected culprit in the latest abduction is the Army of Islam, a Damascus-based umbrella group believed to receive funds from Saudi Arabia. Most of the kidnappings are carried out by the Islamic State of Iraq and al-Sham (ISIS), an al-Qaeda linked group which aims to create a borderless caliphate and considers both non-Muslims and liberal Muslims as heretics. On the same day as Ms Zeitouneh was kidnapped, El Mundo, a Spanish newspaper, announced that its Middle East reporter Javier Espinosa and photographer Ricardo Garcia Vilanova have been held by ISIS since September 18th. Another 30 or so foreigners, a mixture of journalists and aid workers, are also being held, including Italian priest Paolo Dall’Oglio who spent three decades in Syria.
I would like you all to know that there is a war on Festivus and Fox News is the aggressor.
A fake holiday popularized by Seinfeld has become the symbol of secular pushback against religious dominion over American public life. Or something like that.
The Wisconsin and Florida state capitols currently have Festivus poles on display. To the uninitiated, the Festivus pole is a key component in the celebration of Festivus, a bizarre and agonizing December 23 holiday made famous by “The Strike,” a 1997 episode of the beloved NBC sitcom Seinfeld. Since the episode aired, the holiday has taken on a life of its own. House Majority Leader Eric Cantor (R-Va.) has thrown Festivus fundraisers, for example. And at the Florida Capitol in Tallahassee on Wednesday, self-proclaimed “militant atheist” activist Chaz Stevens erected a 6-foot Festivus pole made out of empty Pabst Blue Ribbon beer cans in the state house rotunda in protest of the privately funded nativity scene at the capitol.
Harry Mihet, of the “religious liberty” law firm Liberty Counsel, called Stevens’ views “extreme” and his display offensive. “Is this how PC we’ve gotten in our society, really?” Fox News host Gretchen Carlson said on Tuesday. “I am so outraged by this. Why do I have to drive around with my kids to look for nativity scenes and be like, ‘Oh, yeah, kids, look. There’s Baby Jesus behind the Festivus pole made out of beer cans!”
Oh Noes!!! Plastic Baby Jesus is hidden behind a Festivus pole! And a public airing of the Grievances! Right in front of that Plastic Nativity Scene!!!
“This whole thing is just a serious feat of … ridiculousness,” says Chaz Stevens, who marched into the Capitol building on Wednesday morning clutching a case of empty Pabst Blue Ribbon beer cans and a 6-foot pole made of PVC pipe. It’s a nod to the unadorned aluminum pole that is part of the secular Festivus holiday invented by George Costanza’s dad on Seinfeld.
The celebration also includes an “airing of grievances” during the family meal, in which each person describes disappointments experienced over the course of the year.
Stevens says when he heard about the Capitol Nativity scene, it was just too much. So he applied to the state to install his own display: a pole covered in beer cans.
“This is about separation of church and state,” Stevens says. “The government shouldn’t be in this business of allowing the mixture of church and state.”
The displays are allowed inside Florida’s Capitol building because the state has designated the rotunda as “a public forum.” Howard Simon of the Florida chapter of the American Civil Liberties Union says the state had no choice.
“They’re not going to be allowed to discriminate. It’s going to be a public forum for all forms of speech and expression and displays,” Simon says.
Professional Public Asshole, Paul Ryan, has decided that the debt ceiling will be the next hostage target. I guess he wasn’t satisfied with the blood of the unemployed.
House Budget Committee Chairman Paul Ryan (R., Wis.) signaled that Republicans would not raise the debt ceiling next year without some sort of concessions from Democrats, saying lawmakers were still crafting their strategy.
“We, as a caucus, along with our Senate counterparts, are going to meet and discuss what it is we want to get out of the debt limit,” Mr. Ryan said on Fox News Sunday. “We don’t want ‘nothing’ out of the debt limit. We’re going to decide what it is we can accomplish out of this debt limit fight.”
The U.S. government spends more money than it brings in through taxes, which means the Treasury Department has to borrow money by issuing debt. The government can only borrow money up to a certain level -called the debt ceiling – which is set by Congress. In October, lawmakers agreed to “suspend” the debt limit until Feb. 7, 2014. The White House has said it will no longer negotiate with Republicans on conditions for raising the debt limit, but many Republicans have said they will only vote to raise the debt ceiling in exchange for budget changes like spending cuts.
The Republican party continues to be in complete denial about all things related to Real GDP and the debt and deficit in real terms. Size is relative to both real GDP and to whatever has happened in inflation over the years. You can’t arbitrarily look at a number without understanding the changes in prices and the overall size of an economy and its taxable assets. Is it just me or is Paul Ryan one of the least serious people on the hill?
Oh, wait. There’s also Darrell Issa. One of the most fun things I’ve seen recently is that the HHS Department has refused to turn information over to Issa because they believe he will violate the privacy of millions of Americans.
Rep. Darrell Issa has issued a subpoena to MITRE, a government contractor, to turn over documents on healthcare.gov security testing. HHS says Issa has already seen the documents he is seeking.
Politico: HHS To Darrell Issa: We Don’t Trust You
The Health and Human Services Department told House Oversight and Government Reform Committee Chairman Darrell Issa that it won’t turn over documents related to the security of the Healthcare.gov website because it can’t trust him to keep secret information that could give hackers a roadmap to wreak havoc on the system. Issa has issued a subpoena to MITRE, a government contractor, to turn over unredacted copies of security-testing documents by noon Friday. … Already, Issa has been given access to the documents he seeks “in camera” — meaning committee staff were able to review them in a room but not keep them — but he is seeking physical copies (Allen, 12/12).Roll Call: HHS To Issa: You Can’t Be Trusted With Obamacare Documents
The HHS assistant secretary for legislation, Jim R. Esquea, signaled that HHS was blocking MITRE from turning over the documents, which have been subpoenaed, over concerns that Issa would — as he has done in the past — leak the documents to the public, potentially giving hackers a road map to the “potential vulnerabilities in the cyber defenses” (Fuller, 12/12).
Issa is having a hissy fit.
So, that’s my little bit of this and that this morning. What’s on your reading and blogging list today?
Friday Reads: Friday the 13th and other Tales from the Fiscal Policy Crypt
Posted: December 13, 2013 Filed under: morning reads 34 Comments
Good Morning!
I thought I might do a few things on the economy this morning since the congress just passed a budget bill. So, averting another shut down appears to be more important than actually helping the economy. Is this what our policy makers have come to? I put this link to CNN in because it perfectly represents the mindset in today’s media. As long as a deal is bipartisan, it’s a big fucking deal! It doesn’t really matter that the deal really won’t do much other than avert a bigger disaster. It’s a bipartisan deal! Whoopie!!! Let’s talk awesomely destructive fiscal policy
As many people have noted, a strange thing has happened on the fiscal policy front. Intellectually, the case for austerity has pretty much collapsed, having been reduced at this point to the Three Stooges Theory: we’re supposed to consider austerity a success because it feels good when you stop, or at least let up. At the same time, however, austerity policies continue to be imposed, on both sides of the Atlantic.
And amid the punditizing over the latest budget deal, it’s worth considering just how unprecedented US austerity has been. Look at total government spending — federal, state, and local — and correct it for inflation, as measured by the core personal consumption expenditures deflator (the Fed’s preferred measure). (It doesn’t matter much which measure you use, but this one has less noise). Smooth it out by looking at three-year changes. Here’s what you get:
You can see that there was a brief, modest spurt in spending associated with the Obama stimulus — but it has long since been outweighed and swamped by a collapse in spending without precedent in the past half century. Taking it further back is tricky given data non-comparability, but as far as I can tell the recent austerity binge was bigger than the demobilization after the Korean War; you really have to go back to post-World-War-II demobilization to get anything similar.
And to do this when the private sector is still deleveraging and interest rates are at the zero lower bound is just awesomely destructive.
Welcome to Hooverville! We’ve implemented Hoover’s policy instead of FDR’s policy and now we have rotten unemployment stats, lower levels of folks in the labor force, and increasing poverty and income inequality. WTF happened to the US? The graph above is basically the result of Hoovernomics.
This one chart tells you much of what you need to know about the fiscal side of the US economy: we’re dealing with a recession/depression Herbert Hoover style — by cutting government spending just when we would have needed a strong counter-cyclical push from government.
Meanwhile, the pundits and Republicans continue to tell us that the federal government is expanding and that its debt is choking us. That is
really not the case.
Figure 1: Log ratio of real Federal government consumption and investment plus transfers to real GDP (blue), and ratio to potential real GDP (red). NBER defined recession dates shaded gray. Real transfers calculated by dividing line 22, BEA NIPA Table 3.2 by PCE deflator. Potential GDP is measured in Ch.05$, and adjusted to Ch.09$ compatible with the latest GDP release by taking the ratio of 2011 GDP reported in the June 2013 and November 2013 releases. Source: BEA, CBO (Budget and Economic Outlook, February 2013), NBER, and author’s calculations.
As a share of GDP, the current level is below that recorded in 1982Q4 (under President Reagan); as a share of potential GDP (guesstimated), the current level is below that recorded in 1986Q3 (under President Reagan).
Part of the budget deal lets the long term unemployed fall into a deeper hell.
The budget deal announced last night by conference chairs Senator Patty Murray (D-WA) and Representative Paul Ryan (R-WI) is better than another government shutdown, but nicer words than this are hard to find to say about it.
By far the worst aspect of it is the failure to extend the Emergency Unemployment Compensation program (EUC) in 2014. Without these extensions, 1.3 million workers will have their benefits cut off at the end of 2013, and another 850,000 workers will exhaust normal UI benefits over the first quarter of 2014.
The share of long-term unemployed workers in the total labor force was 2.6 percent in November—double the share of June 2008, when President Bush first signed the UI extensions into law.
Besides cutting off a vital lifeline to millions of Americans, cutting these extensions also continues the disastrous march towards budget austerity; a march that has been by far the primary contributor to our failure to recover from the Great Recession. Cutting these UI extensions in 2014 will create a fiscal drag on the U.S. economy that will reduce job growth by more than 300,000 over the year.
A bizarre irony is that the cost of these extensions is nearly identical to the ten-year “deficit savings” achieved in the deal—between $20 and 25 billion. This amount of money is a rounding error in ten-year deficit projections (my back of the envelope calculations say that it’s well under one half of one percent of projected deficits between 2014 and 2023, under the CBO extended baseline). But Congress has chosen to save an amount of money that doesn’t even rise to the level of symbolic over a decade rather than provide real relief to millions of distressed Americans, as well as provide a mild boost to a still-weak job market.
The economy is clearly broken for most of us. The political system is clearly broken for most of us. The educational system is clearly broken for most of us. What’s an advocate of social justice to to do?
How does an economic system resolve conflicts and distribute benefits? A fancy derivative product may help a corporate treasurer solve her problem of managing her company’s risk, and it might make a banker rich, but it might also create a problem of greater systemic risk for the financial system as a whole. Likewise, eating a bacon cheeseburger may solve someone’s problem of satisfying unconscious desires programmed by millennia of evolution, but might also create new problems of clogged arteries and a society burdened with that person’s future health costs.
Overwhelming evidence from the fields of social psychology and behavioral economics shows us that people are not very good at managing these trade-offs, resolving conflicts, or recognizing interdependencies on their own. We overoptimistically believe that house prices will keep rising and that we can refinance when our low teaser rate expires. The corporate treasurer can’t really see how her decision to buy a derivative might boomerang back on her own company and contribute to the collapse of the financial system.
Understanding prosperity and growth in this new way allows us to make important distinctions between different kinds of economic activity. We can now see the difference between “empty” or even “harmful” economic activity and “useful” economic activity. It becomes obvious that an engineer earning $100,000 per year who creates a technology to ensure that those in serious auto accidents walk away unharmed is creating prosperity. It is much harder to make the same case for a hedge-fund manager making $500 million per year doing high-frequency trading to seize on information advantages over ordinary investors. And if that high-frequency trading also makes the global economy more fragile, then that implies something even more damning about this activity.
It can be a challenge, however, to distinguish between “problem-solving” and “problem-creating” economic activity. And who has the moral right to decide? In the traditional framework, it was simple—people vote with their pocketbooks, and if an activity is valued by the market, it must be good. But when an activity solves a problem for some but creates a problem for others—or even the same person later on, or for future generations—who should decide what is good economic activity versus bad, and how?
The usual answer has been that government regulators get to decide. But like markets, regulators create problems as well as solve them. So we also need mechanisms to regulate the regulators. Democracy is the best mechanism humans have come up with for navigating the trade-offs and weaknesses inherent in problem-solving capitalism. Democracies allow the inevitable conflicts of capitalism to be resolved in a way that maximizes fairness and legitimacy, and broadly reflects the views of society.
Although regulation in economies is necessary, the costs to society in terms of restricting the freedom to innovate, invent, and compete can sometimes be high, as conservatives correctly point out. But it also needs to be recognized that sometimes new economic activity actually creates more problems than it solves and needs to be limited. At other times, new economic activity merely threatens the old order and should be encouraged. Finding the balance between these competing demands is difficult. Democratic governments are the only institution with the legitimacy and accountability to make such trade-offs, and that is why the corrosion of our democratic institutions by growing crony capitalism is so threatening to our long-term prosperity. It also means that those who truly care about capitalism should be more concerned about the quality and effectiveness of regulation rather than simply its quantity
I guess Pelosi may have said this in the most realistic view of the budget deal. I do however hate it. Nancy Pelosi on deal: ‘Embrace the
suck’.
House Minority Leader Nancy Pelosi told Democratic House members at a meeting Thursday morning to “embrace the suck” and encouraged enough members to back the budget deal on the floor to allow passage, according to an attendee of the meeting.
“We need to get this off the table so we can go forward,” Pelosi told her members, according to someone inside the closed meeting of the caucus.
Pelosi pushed for including in the budget deal an extension of the unemployment benefits that are set to expire at the end of the month. While she expressed a continued unhappiness that there will be no vote on those benefits before the House heads home Friday, she said that it wasn’t worth holding up the deal.
Democrats expect that Republicans won’t be able to produce enough votes in their conference to pass the deal, requiring a sizable number of Democrats to vote with them in order to ensure passage. Pelosi, along with the rest of the House Democratic leadership, have withheld publicly backing the budget deal this week, with some waiting to see how much support from their caucus was going to be necessary.
So, this isn’t a great way to start a weekend,but we need to get real and discuss this budget deal.
What’s on your reading and blogging list today?
















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