Clarence Thomas’ Ethics Problems

We’ve written before about Clarence Thomas and the number of conflicts of interests that he has ignored in the past.

Justice Long Dong Silver rides again.

Bostonboomer wrote this piece back in February about Thomas and Citizen’s United. This was a follow-up to a piece she wrote in January when Thomas was been criticized for not reporting his right wing activist wife’s lobbying income.  Many liberals–including Rachel Maddow–have argued that cyber stalking of Anthony Weiner and the resultant media frenzy to force Wiener’s resignation may be related to a letter Weiner wrote Thomas in February.  That letter requested Thomas remove himself from from cases challenging the constitutionality of the Health Care Reform Act given his wife Gini Thomas’ lobbying activity for Liberty Central against the law.

Talk Progress discovered several ethics lapses this year alone for Justice ‘Long Dong Silver’ of coke bottle and sexual harassment fame.  Thomas has attended many Koch-sponsored political fundraisers.  Now, the NYT has evidence that Thomas keeps accepting expensive gifts from one particular conservative real estate trust fund baby and fails to report many more.  Any one with a good amount of familiarity with American history will know that 40 years ago, Justice Abe Fortas was forced to resign under the same circumstances.  Recently, it was found out this right wing political donor not only contributed to Thomas’ pet projects like the Pin Point museum in Georgia which features Thomas’ birth place, but he’s received incredibly expensive gifts ranging from a $19,000 bible once owned by Frederick Douglass and $500,000 to seed Thomas’ wife Tea Party organization.  Thomas has also accepted a $15,000 gift from the American Enterprise Institute who wrote a brief in a case that appeared before the court. Thomas did not recuse himself.

The NYT’s reports that Harlan Crow, a Dallas real estate tycoon and a major contributor to conservative causes–gave the essential backing of $175,000 to fund the museum, the previously mentioned $19,000 bible,  and $500,000 for Gini Thomas’ organization. There’s also some pretty nice meals and parties included in the gift package along with time spent in yachts and vacation spots.   Thomas failed to report a good deal of this.

We’ve reached the point at which calls for Thomas to resign should be coming from Democrats in Congress and Republicans concerned with corruption. Gini Thomas’ organization has actively been involved with lobbying for causes that include laws that will appear before the Supreme Court.  Weiner was right in pointing out the obvious conflict of interest. This is the analysis from TPM.

Some degree of conflict of interest is inherent in any judge’s professional life — Justice Sonia Sotomayor, for instance, saw it necessary to recuse herself from at least 141 cases before she joined the Supreme Court — but when it comes to ethical complications on the nation’s highest court, Clarence Thomas takes the cake. Of particular concern is Thomas’ wife, Virginia, who founded a Tea Party-affiliated group called Liberty Central that opposes various progressive causes, including health care reform — an issue that’s almost certain to come before her husband’s court.

But an increasing number of revelations about Clarence Thomas’ own activities are raising questions about his impartiality.

So, who is Harlan Crow?  The Times mentions the two men met about the time Thomas was placed on the court.    Here’s a brief bit on that from Truth Dig.

After U.S. Supreme Court Justice Clarence Thomas secured a financial favor that led to the preservation of an aging cannery site in the community of his birth in Georgia, legal ethicists are voicing concerns over his friendship with Harlan Crow, a Dallas real estate magnate and contributor to conservative causes.

Crow’s donation to what appears to be Justice Thomas’ pet project is cause for wonder over how the judge’s rulings might be influenced by his benefactor’s politics. Federal judges are required to adhere to a code of ethics that bars them from raising money for charitable causes for precisely that reason. But Supreme Court justices are not. Crow, who has donated almost $5 million to Republican campaigns and conservative groups, is a known contributor to Thomas’ political advocacy group, Liberty Central, which opposed President Obama’s health care legislation last year.

Crow’s background is given in the NYT article itself.

Mr. Crow, 61, manages the real estate and investment businesses founded by his late father, Trammell Crow, once the largest landlord in the United States. The Crow family portfolio is worth hundreds of millions of dollars and includes investments in hotels, medical facilities, public equities and hedge funds.

A friend of the Bush family, Mr. Crow is a trustee of the George Bush Presidential Library Foundation and has donated close to $5 million to Republican campaigns and conservative groups. Among his contributions were $100,000 to Swift Boat Veterans for Truth, the group formed to attack the Vietnam War record of Senator John Kerry, the 2004 Democratic presidential candidate, and $500,000 to an organization that ran advertisements urging the confirmation of President George W. Bush’s nominees to the Supreme Court.

Mr. Crow has not personally been a party to Supreme Court litigation, but his companies have been involved in federal court cases, including four that went to the appellate level. And he has served on the boards of two conservative organizations involved in filing supporting briefs in cases before the Supreme Court. One of them, the American Enterprise Institute, with Mr. Crow as a trustee, gave Justice Thomas a bust of Lincoln valued at $15,000 and praised his jurisprudence at an awards gala in 2001.

The institute’s Project on Fair Representation later filed briefs in several cases, and in 2006 the project brought a lawsuit challenging federal voting rights laws, a case in which Justice Thomas filed a lone dissent, embracing the project’s arguments. The project director, an institute fellow named Edward Blum, said the institute supported his research but did not finance the brief filings or the Texas suit, which was litigated pro bono by a former clerk of Justice Thomas’s.

So, Crow is another right wing trust fund baby interested in preserving his hand downs.

There are a number of reasons Justice Thomas might be thankful to Mr. Crow. In addition to giving him the Douglass Bible, valued 10 years ago at $19,000, Mr. Crow has hosted the justice aboard his private jet and his 161-foot yacht, at the exclusive Bohemian Grove retreat in California and at his grand Adirondacks summer estate called Topridge, a 105-acre spread that once belonged to Marjorie Merriweather Post, the cereal heiress.

Christopher Shaw, a folk singer who said he had been invited several times to perform at Topridge, recalled seeing Justice Thomas and his family “on one or two occasions.” They were among about two dozen guests who included other prominent Republicans — last summer, the younger Mr. Bush stopped by.

“There would be guys puffing on cigars,” Mr. Shaw said. “Clarence just kind of melted in with everyone else. We got introduced at dinner. He sat at Harlan’s table.”

The most interesting thing to read in all of the articles I’ve cited is the number of legal experts that consider this to be unethical at the very least.  It also appears that Justice Thomas has reporting problem when it comes to gifts since it was pointed out in 2004 that his gift list was much bigger than the other members of SCOTUS.  Since then, his gift list is empty.

Beyond the code, the justices must comply with laws applying to all federal officials that prohibit conflicts of interest and require disclosure of gifts. Justice Thomas’s gift acceptances drew attention in 2004, when The Los Angeles Times reported that he had accumulated gifts totaling $42,200 in the previous six years — far more than any of the other justices.

Since 2004, Justice Thomas has never reported another gift. He has continued to disclose travel costs paid by schools and organizations he has visited for speeches and teaching, but he has not reported that any travel was provided by Mr. Crow.

Travel records for Mr. Crow’s planes and yacht, however, suggest that Justice Thomas may have used them in recent years.

In April 2008, not long after Mr. Crow bought the Pin Point property, one of his private planes flew from Washington to Savannah, where his yacht, the Michaela Rose, was docked.

That same week, an item appeared in a South Carolina lawyers’ publication noting that Justice Thomas was arriving aboard the Michaela Rose in Charleston, a couple of hours north of Savannah, where the Crow family owns luxury vacation properties. The author was a prominent lawyer who said she knew of the visit because of a family connection to Mr. Crow.

Justice Thomas reported no gifts of travel that month in his 2008 disclosure. And there are other instances in which Justice Thomas’s travels correspond to flights taken by Mr. Crow’s planes.

No wonder the right wing was eager to take down Anthony Weiner.  It appears that Thomas has accepted gifts from organizations that have either benefited or filed briefs in support of decisions that he’s been party to.  I’ll be waiting for calls from Congress to investigate all of this.  Any bets on how long I’ll be waiting?


Tuesday Reads: Goolsbee Gone, Hotel Workers Heckle Strauss-Kahn, Cancer Drugs, and a Confession

Good Morning!!

White House economic adviser Austan Goolsbee will soon resign to return to teaching at Milton Friedman Institute the University of Chicago.

“Since I first ran for the U.S. Senate, Austan has been a close friend and one of my most trusted advisers,” President Obama said….”Over the past several years, he has helped steer our country out of the worst economic crisis since the Great Depression, and although there is still much work ahead, his insights and counsel have helped lead us toward an economy that is growing and creating millions of jobs. — He is one of America’s great economic thinkers.”

Maybe … if you favor NAFTA and cutting Social Security. And where are those “millions of jobs” Obama is talking about–China?

Dominique Strauss-Kahn, who has been accused of sexual assault on a hotel maid was jeered by NYC hotel workers yesterday outside a Manhattan courthouse.

Lawyers for the maid who has accused Dominique Strauss-Kahn of criminal sexual assault in a New York hotel room served notice yesterday that she will testify at his trial and “tell the world” what he inflicted upon her, as the former IMF chief was met with a chorus of heckling from hotel workers outside a Manhattan courthouse.

The warning, delivered minutes after Mr Strauss-Kahn entered a ‘not guilty’ plea to the seven charges filed against him, is the latest indication of how ferocious the trial is likely to be with the defence, the prosecution and now lawyers for the accuser all aggressively preparing to engage in battle.

[….]

Theatrics outside the court yesterday were further stoked by hotel maids pushing against police barriers jeering Mr Strauss-Kahn as he, accompanied by his defence team and his wife, Anne Sinclair, arrived for his formal arraignment. The hotel employees, bussed in by their union and most dressed in uniforms they usually wear to work, cried “shame” as he walked past. Wendy Baranello, a hotel union organiser, called the charges “outrageous” and said the accuser “is a hard-working woman… just doing her job.”

As Rep. Paul Ryan (R-WI) left the Faith and Freedom Coalition Conference this past weekend, he was approached by a young Catholic man who asked Ryan:

“Why did you choose to model your budget off the extreme ideology of Ayn Rand rather than values of basic economic justice in the Bible?” James Salt of Faithful America asked Ryan, the author of the Republican budget, before offering him a Bible to read.

Ryan ignored Salt’s questions and briskly walked away.

Faithful America has launched a campaign to encourage Ryan to put down the conservative writer Ayn Rand, who advocated selfishness, and pick up the Bible. The group said his budget plan “reflects Ayn Rand’s love of greed and contempt for the weak by giving huge tax breaks to millionaires while making deep and harmful cuts to programs that protect seniors, struggling families and the middle class.”

Finally the U.S. Supreme Court has done something we can cheer. From Raw Story:

The US Supreme Court gave the green light Monday to a group seeking to bring a class-action lawsuit against US oil services firm Halliburton for alleged fraud.

The nine judges unanimously decided that the plaintiffs, a group of investors, do not need to prove a direct relationship between Halliburton’s alleged fraudulent statements and the investors’ financial losses in order to pursue the lawsuit.

Halliburton is accused of making a series of false statements about its business dealings that artificially inflated its stock price.

Afterward, Halliburton disclosed corrections that then caused stock prices to drop at the loss of investors.

The suit is on behalf of all investors who purchased Halliburton stock between June 3, 1999 and December 7, 2001.

During that time Dick Cheney was Halliburton’s CEO.

There is some “big news in the fight against cancer.”

Two new studies report dramatic progress in treating advanced melanoma and lung cancer.

Both of these treatments use an approach that is creating a lot of excitement among doctors –tailoring drugs to the genetic makeup of individual patients, and the results can be remarkable

A few years ago, Bill Schuette was preparing for the end.

But then he heard about something new: an experimental drug that targets a certain type of lung cancer based on its genetic makeup. Tests showed he was a candidate.

His rare form of non-small-cell lung cancer has a genetic mutation called ALK that fuels cancer growth. The new drug, Crizotinib, works by blocking this abnormal gene, causing tumors to shrink.

Skin cancer treatment: Biggest breakthrough in 30 years – The New Scientist

Two new drugs for metastatic melanoma – the deadliest form of skin cancer – are being hailed as the biggest breakthrough therapies for cancer in the last 30 years. The drugs reduce tumour size, significantly increasing survival rates.

Although melanoma can be cured if caught early enough, individuals in the late stages of the disease are only expected to survive for an average of six months. One of the two drugs – vemurafenib – works by inhibiting the effects of a mutated form of the BRAF gene, which is thought to accompany around half of the cases of malignant skin tumours.

[….]

In a study presented this week at the American Society of Clinical Oncology annual meeting in Chicago, and published in the New England Journal of Medicine, Chapman’s team compared both drugs on 672 patients with late stage, inoperable melanoma and a mutation in the BRAF gene.

The group found that 48 per cent of those receiving vemurafenib responded to the treatment, while only 5 per cent of patients responded to dacarbazine. At 6 months, survival was 84 per cent in the group taking vemurafenib compared to 64 per cent in those taking dacarbazine.

A new drug for breast cancer: Aromasin a major breakthrough in fight against breast cancer, cutting risk by 65 percent

Doctor Harvey Greenberg is the director of University Community Hospital’s Cancer Program. He said, “There’s been some suggestion that women are reluctant to take Tamoxifen due to the potential side effects,” which reportedly include developing blood clots, or developing uterine cancer.

A study was conducted to see if a different class of medicines could be used for the prevention of breast cancer. Study results just released show the estrogen blocker Aromasin reduced the chance of developing breast cancer by 65 percent in post menopausal women at high risk.

The study, which was sponsored by Pfizer — the company that makes this drug — broke the participants into two groups: one that got the drug and one that got the placebo. There were 11 invasive breast cancers reported in the group that got the drug compared to 32 cases in the group that got the placebo.

Doctor Greenberg says, “The most important take away is that there is now another class of medicines that can be helpful in preventing breast cancer in high-risk women. The second take away is if there are women who have been identified as possibly benefiting from Tamoxifen but they won’t take it, here’s a substitute.”

For those of you who have read this far, I’m going to make a confession. I’ve been horribly depressed by the political news lately, and for the past couple of weeks I’ve been watching the trial of Casey Anthony, a young woman accused of murdering her 2-1/2 year-old daughter.

I know, I know … tabloid stuff. But I’m telling you, it’s more interesting than watching Law & Order, CSI, and Criminal Minds all rolled into one. Yesterday, there was testimony from an researcher on human decomposition from the “Body Farm” at Oak Ridge National laboratory.

Dr. Arpad Vass testified that he detected human decomposition in the air from the trunk of Casey’s car. It’s the first time a jury has heard testimony about the controversial air tests. The evidence has never been used in a criminal case before.

Prosecutors say the tests prove Caylee’s [Casey’s daughter] body was in the trunk of Casey’s car.

“I can find no other plausible explanation other than that to explain all the results we found,” said Vass.

Vass testified that a machine called a “gas chromatograph” can identify chemicals that are unique to human decomposition.

“Those are the chemicals that a cadaver-locating dog could smell,” Vass said.

Yesterday there was testimony from an FBI forensic expert about a hair found in the truck of Anthony’s car that showed signs of human decomposition.

In addition to the opportunity to learn about the latest methods in forensic science, the trial offers a chance to observe Casey Anthony’s amazing lack of affect as she listens to testimony about her allegedly killing her child. She has to be one of the most evil human beings I’ve ever encountered. If you’re interested in this kind of thing, you can watch the trial streamed live on-line at a number of sites. Here’s one. Frankly, I find it much less depressing than observing American political culture.

So … what are you reading and blogging about today?


Monday Reads

Good Morning!

Well, today I’m starting with a quote from  Robert Kuttner for The American Prospect about Larry Summers’ appearance at the INET conference.  INET is the acronym for the Institute for New Economic Thinking. It was created with a $100 million grant from George Soros and no, I wasn’t invited and I didn’t attend.  Mark Thoma and Brad De Long did. You can read their blogs if you want other views.

Larry Summers, now back at Harvard, was the after-dinner entertainment, interviewed by the prodigious Martin Wolf of the Financial Times, the world’s most respected financial journalist.

Summers was terrific, acknowledging that the stimulus of February 2009 was too small, that the idea of deflating our way to recovery is insane, that de-regulation had been excessive, and that much of the economics profession missed the developing crisis because its infatuation with self-correcting markets.

If only this man had been Obama’s chief economic adviser!

He’s referring to this:

Also worth mentioning is this op-ed by former Obama economist Christina Romer on why we have abysmal unemployment. If you read and listen to both of them, it’s going to be obvious that Obama must not have listened to either of them.  No wonder they quit so early on.  That leaves Timothy-in-the-well Geithner holding the bag for this miserable recovery, imho.  Evidently, the two of them thought  what most economists were thinking for several years now but it just wasn’t evident from policy.  I guess if I heard this austerity crap was coming down the hopper during this miserable recovery, I’d have bailed before my professional credibility went to the crapper too.  Guess Timothy always has the shadow banking industry to keep him warm.  Meanwhile, Summers continues his apology tour and Romer clarifies the unemployment situation.

Strong evidence suggests that the natural rate of unemployment actually hasn’t risen very much. Instead, the elevated unemployment rate appears to reflect mainly cyclical factors, particularly a lingering shortfall in consumer spending and business investment.

Okay. The important phrase here is “lingering shortfall in consumer spending and business investment”.  That means none of these idiotic tax cuts worked.  It also means the stimulus was woefully small and ill-directed.  It also means that it’s absolutely no time to worry about austerity unless you want yet another recession.  Frankly, I think the Republicans are secretly trying to bring one on and Obama is just not that informed about economics and more concerned about chasing the mythical bi-partisan unicorn to wake the frick up.

Since BB knows that I’m a wannabe astrophysicist (or Egyptologist depending on the day of the week), she sent me another kewl science link about a star torn apart by a blackhole! NEATO!!!

On March 28, 2011, NASA’s Swift satellite caught a flash of high-energy X-rays pouring in from deep space. Swift is designed to do this, and since its launch in 2004 has seen hundreds of such things, usually caused by stars exploding at the ends of their lives.

But this time was hardly “usual”. It didn’t see a star exploding as a supernova, it saw a star literally getting torn apart as it fell too close to a black hole!

The African Union’s been chatting up their “Brother Leader”  Whacko Ghadafo and have announced the possibility of an end to the fighting in Libya. And, raise your hand if you’d like to buy the Crescent City connection because I’m entertaining offers since the Brooklyn bridge sold so well last week.

“We have completed our mission with the brother leader, and the brother leader’s delegation has accepted the road map as presented by us,” Jacob Zuma, the South African president, said.

The AU mission, headed by Mohamed Ould Abdel Aziz, the Mauritanian president, arrived in Tripoli on Sunday.

Besides Zuma and Abdel Aziz, the delegation includes Amadou Toumani Toure, Denis Sassou Nguessou and Yoweri Museveni – respectively the presidents of Mali, the Democratic Republic of Congo and Uganda.

Gaddafi made his first appearance in front of the foreign media in weeks when he joined the AU delegation at his Bab al-Aziziyah compound.

The committee said in a statement that it had decided to go along with a road map adopted in March, which calls for an end to hostilities, “diligent conveying of humanitarian aid” and “dialogue between the Libyan parties”.

Speaking in Tripoli, Ramtane Lamamra, the AU Commissioner for Peace and Security, said the issue of Gaddafi’s departure had come up in the talks but declined to give details.

Why is it I want to sing I wanna zooma zooma zooma zooma zoom every time I read something about South Africa these days?  Well, as long as it’s not one of those horn thingies that ruined the world cup this last time out.

More crap from Crazy Republicans via Think Progress: Cantor Sees Current Medicare and Medicaid Programs As A ‘Safety Net’ For ‘People Who Frankly Don’t Need One’

Today on Fox News Sunday, host Chris Wallace questioned House Majority Leader Eric Cantor’s (R-VA) support for a plan in which Americans “pay more out of pocket.” Defending the proposal, Cantor argued that these programs sometimes provide a “safety net” for “people who frankly don’t need one” and that the shift of the burden from the government to the beneficiary will teach government “to do more with less”:

CANTOR: We are in a situation where we have a safety net in place in this country for people who frankly don’t need one. We have to focus on making sure we have a safety net for those who need it.

WALLACE: The Medicaid people — you’re going to cut that by $750 billion.

CANTOR: The medicaid reductions are off the baseline. so what we’re saying is allow states to have the flexibility to deal with their populations, their indigent populations and the healthcare needs the way they know how to deal with them. Not to impose some mandate from a bureaucrat in washington.

WALLACE: But you are giving them less money to do it.

CANTOR: In terms of the baseline, that is correct…What we’re saying is there is so much imposition of a mandate that doesn’t relate to the actual quality of care. We believe if you put in place the mechanism that allow for personal choice as far as Medicare is concerned, as well as the programs in Medicaid, that we can actually get to a better resolve and do what most Americans are learning how to do, which is to do more with less.

Actually, 99% of Americans are doing less with less.  One percent of Americans are doing more with the corporate and rich people’s welfare that folks like Cantor have handed them on a golden platter for the last ten years.  If you have the stomach for it, the link to the TV interview is over at TP too. Frankly, I’ve been sick enough recently and don’t need to see anything that just makes me sicker.

I don’t know about you, but watching Donald Trump–the man who lost his father’s billions and then ran through government subsidies and finally made some money as a really bad reality TV star–as a potential presidential candidate has been sort’ve a surreal trip. James Polis at Richochet says that Trump is Final Proof that the Political Class Has Failed.  Trump’s potential candidacy is like an extension of his reality show with gobs of opportunism, self-promotion and narcissism. It’s bad hair gone wild.

There are two main theories cooperating to explain the Trump phenomenon:

  1. Donald Trump is today’s best self-promoter and professional opportunist.
  2. The Republican field of presumptive candidates for president is lame.

But neither of these, nor even both together, can adequately explain what’s going on. We can’t even turn for supplemental help to subtheories that emphasize the rise of celebreality culture, the fall of Sarah Palin, or The Continuing Story of Bungling Barry. These variables all appear somewhere in the equation that has produced the Trump phenomenon. But none of them explain it.

Trump is suddenly “winning” as a political figure because the political class has failed. The authority of our political institutions is weak and getting weaker; it’s not that Americans ‘lack trust’ in them, as blue ribbon pundits and sociologists often lament, so much as they lack respect for the people inside them.

My theory is that he’s just a summer replacement, along with Michelle Bachmann, that will set the stage for fall when the blue suited, pompadour-sporting  set take over to bore us to death with talks of tax cuts and subsidies ala President Dementia.  Other Republican Presidential wannabes must be thinking we’ll be tired of self-promoting, idea-less hacks by then and that they’ll look refreshing by comparison in a few months.   Oddly enough, the P woman is keeping a low profile in all of this.  Maybe she’s finally figured out that discretion is the better part of valor for a change or it could be she just has enough money  for an excellent summer vacation and has decided to exercise her options.

Okay, so I’m going to move on to something light (weirdly, spinning light, emanating from the patterned Chinese lantern covering the naked bulb in my dorm room while a John Lennon album plays Power to the People on my old turntable … oops, wrong flashback) from New Scientist. Thought mushrooms were just for old hippies and Native American Shaman?  Think again.  Here’s the headline:  Earliest evidence for magic mushroom use in Europe.

EUROPEANS may have used magic mushrooms to liven up religious rituals 6000 years ago. So suggests a cave mural in Spain, which may depict fungi with hallucinogenic properties – the oldest evidence of their use in Europe.

The Selva Pascuala mural, in a cave near the town of Villar del Humo, is dominated by a bull. But it is a row of 13 small mushroom-like objects that interests Brian Akers at Pasco-Hernando Community College in New Port Richey, Florida, and Gaston Guzman at the Ecological Institute of Xalapa in Mexico. They believe that the objects are the fungi Psilocybe hispanica, a local species with hallucinogenic properties.

Like the objects depicted in the mural, P. hispanica has a bell-shaped cap topped with a dome, and lacks an annulus – a ring around the stalk. “Its stalks also vary from straight to sinuous, as they do in the mural,” says Akers (Economic Botany, DOI: 10.1007/s12231-011-9152-5).

This isn’t the oldest prehistoric painting thought to depict magic mushrooms, though. An Algerian mural that may show the species Psilocybe mairei is 7000 to 9000 years old.

What a long strange ride it’s been ever since.

More on Obama-style Justice for Guantanamo detainees as the Supremes decline to clarify their rights.

The Obama administration has fought all attempts by lawyers for detainees to have the Supreme Court review those rulings. And while the news was overshadowed by the administration’s concession that alleged Sept. 11 mastermind Khalid Sheik Mohammed and his co-defendants will be tried by a military commission rather than federal jury — a separate issue — the court last week turned away three detainee challenges arising from Boumediene.

One group active in representing the detainees, the Center for Constitutional Rights, decried what it called the court’s refusal “to defend its Boumediene decision and other precedents from the open defiance of the D.C. Circuit.”

The government told justices that there is no reason for them to believe anything other than “lower courts have properly performed the task that this court assigned them in Boumediene v. Bush.”

“Open defiance” may go a bit far in describing the D.C. Circuit’s rulings, but there is no doubt that the court’s action in Boumediene — and its inaction since — has left few happy.

While detainee advocates complain about the court’s timidity, D.C. Senior Circuit Judge A. Raymond Randolph has received wide attention for a speech he gave last year in which he compared the justices to characters in “The Great Gatsby,” who have created a mess they expect others to clean up.

You don’t need me to start in on the Supremes this morning since BB did such a great job last night.  Please go read her thread on just exactly how bankrupt our government has become.  Believe me, it’s not an article on the deficit either.

Here’s an important information on the Koch Brothers, grand wizards of the kleptocracy.  Alternet says they’re worse than you thought and they’re the astroturf beneathe the Tea Party’s wings.

Then look at a recent position pushed by Americans for Prosperity, the Tea Party-allied astroturf group founded and funded by David Koch (and whose sibling organization, the Americans for Prosperity Foundation, he chairs):

Similarly, Americans for Prosperity supports the House continuing resolution that cuts spending by $61 billion. Those cuts would reduce the budget for the CFTC by one-third. Make no mistake: Gutting the CFTC or limiting its authority would be a boon to Wall Street businesses that use complex financial instruments. But while the result is more profits for oil companies, it means everyone else pays more at the pump.

Okay, now have a look at the Kochs’ recent direct contributions to political candidates:

The Kochs donated directly to 62 of the 87 members of the House GOP freshman class…and to 12 of the new members of the U.S. Senate.

Don’t look now. It’s Atlas Shrugged, the Movie.  Bad fiction just refuses to die when it gives erections to obsessive white men. I’m just waiting for next year’s Razzies. It’s the tale of a businessman obsessed. No, not the movie …the making of the movie …

It has taken businessman John Aglialoro nearly 20 years to realize his ambition of making a movie out of “Atlas Shrugged,” the 1957 novel by Ayn Rand that has sold more than 7 million copies and has as passionate a following among many political conservatives and libertarians as “Twilight” has among teen girls.

But the version of the book coming to theaters Friday is decidedly independent, low-cost and even makeshift. Shot for a modest $10 million by a first-time director with a cast of little-known actors, “Atlas Shrugged: Part I,” the first in an expected trilogy, will play on about 300 screens in 80 markets. It’s being marketed with the help of conservative media and “tea party” organizing groups and put into theaters by a small, Salt Lake City-based booking service.

I think I’ll pass.  I prefer those nice little British films.  I’m anxiously awaiting the redo of Upstairs, Downstairs.  I never could make it through that silly John Galt speech even when I was young and my mind was an open book.  Now, where are those lights on the ceiling when you need them?

What’s on your blogging and reading list today?


Late Night: Obama = Bush on Steroids

Prepare yourself for the next stage in the enactment of Total Information Awareness. The Obama administration is in the process of enacting a “mass surveillance state.” Raw Story reports that the FBI is working on “an advanced biometrics facility” that will also be used by the Pentagon.

In an exclusive interview with Raw Story, attorney Chris Calabrese, an ACLU’s legislative counsel in Washington, D.C., warned that this move in particular was indicative of a fast approaching mass surveillance state that poses a “grave danger” to American values.

The FBI’s forthcoming biometrics center will be based on a system constructed by defense contractor Lockheed Martin, and part of that system is already operating today in Clarksburg, West Virginia. Starting with fingerprints, and creating a global law enforcement database for the sharing of those biometric images, the system is slated to expand outward, eventually encompassing facial mapping and other advanced forms of computer-aided identification.

To help ramp up the amount of data flooding into this center, the FBI said that electronic fingerprint scanners would be sent to state and local police agencies, which would be empowered to capture prints from any suspect, even if they haven’t been arrested or convicted of a crime.

Even more frightening is allowing the government and law enforcement to use facial mapping to keep tabs on all of us.

“Facial recognition is one of the most invasive biometrics because it allows surreptitious tracking at a distance,” Calabrese continued. “They can secretly track you from camera to camera, location to location. That has enormous implications, not just for security but also for American society. I mean, we are now at a point where we can automatically track people. Computers could do that. That’s what, we think, is a grave danger to our privacy.”

And that’s not all. You’ve probably heard that the Obama Justice Department has decided to ignore the Supreme Court Decision that requires Miranda warnings for crime suspects.

[On March 24,] the Obama DOJ unveiled the latest — and one of the most significant — examples of its eagerness to assault the very legal values Obama vowed to protect. The Wall Street Journal reports that “new rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.” The only previous exception to the 45-year-old Miranda requirement that someone in custody be apprised of their rights occurred in 1984, when the Rehnquist-led right-wing faction of the Supreme Court allowed delay “only in cases of an imminent safety threat,” but these new rules promulgated by the Obama DOJ “give interrogators more latitude and flexibility to define what counts as an appropriate circumstance to waive Miranda rights.”

Let’s see now, the President claims the power to identify any American citizen as a terrorist, on his word only. Once you are labeled a terrorist, you can be held without charges, you have no Habeus rights, and no Miranda rights. You can be tortured in a foreign country or right here in the US of A. Not only that, but you can even be assassinated without trial if the President so orders. We even have emergency laws.

The government isn’t going to need martial law to control the population. We’ll be living in an electronic police state, our every move filmed and examined for suspicious behavior.

We might as well be living in Libya or Egypt.


Thursday Reads

Good Morning!! There’s quite a lot of news happening, so I probably won’t be able to cover everything. I’m hoping you can help me out in the comments. Anyway, here are some stories that caught my eye.

The Guardian UK: 2 US airmen killed in Frankfurt airport shooting

Two U.S. airmen were killed and two others were wounded at Frankfurt airport when a man opened fire on them at close range with a handgun, the first such attack on American forces in Germany in a quarter century.

[….]

The alleged assailant, identified as a 21-year-old Kosovo man, was taken immediately into custody and was being questioned by authorities, said Frankfurt police spokesman Manfred Fuellhardt.

Family members in Kosovo described the suspect as a devout Muslim, who was born and raised in Germany and worked at the airport.

The attacker got into an argument with airmen outside their military bus before opening fire, killing the bus driver and one other serviceman, and wounding two others, one of whom was in life-threatening condition, Fuellhardt said. He said the attacker also briefly entered the bus.

The suspect has been identified as “Arif Uka, a Kosovo citizen from the northern town of Mitrovica.” There is quite a bit more information about him at the Guardian link. The victims had not yet been identified when I wrote this.

I’m sure you heard that yesterday the Supreme Court decided that the Wesboro Baptist Church is within their First Amendment Rights when they protest homosexuality at servicemen’s funerals. However, there are some limits on the decision, according to USA Today.

The court majority made plain that states may regulate funeral protests in some situations. Roberts observed that since the 2006 Snyder funeral, the Maryland Legislature has enacted a law prohibiting picketing within 100 feet of a funeral. Roberts also noted that Westboro’s picketing would have complied with that restriction.

The chief justice said demonstrations may be regulated as long as laws are neutral — that is, not aimed at any particular views — and narrowly crafted.

In recent years, Congress and 46 states have enacted laws to minimize picketing near cemeteries during a funeral, according to a brief filed at the court by Senate Majority Leader Harry Reid, D-Nev., Senate Minority Leader Mitch McConnell, R-Ky., and 40 other senators who sided with Snyder. They said state personal-injury laws, such as the Maryland one Snyder invoked to sue Phelps, supplement government picketing restrictions.

From the news reports, it sounds like the protests in Libya are starting to turn into a full-fledged war. Late last night Voice of America reported serious “clashes” in eastern Libya:

The fighting included ground clashes and airstrikes by Libyan military planes.

Witnesses said pro-Gadhafi forces stormed into the town of Brega on the Gulf of Sirte and briefly seized its oil installations and an airstrip. Opposition fighters say they recaptured both sites. Later, Western media reported loud booms that they linked to at least two bombings from Libyan aircraft.

Witnesses say military forces carried out an airstrike in the nearby town of Ajdabiya. Both towns are on the western edge of the region of eastern Libya that is now largely under opposition control.

Gadhafi is still delusional:

The fighting occurred on the same day that Gadhafi delivered a televised speech to supporters in Tripoli. He said he could not resign because he holds no political office in a system that he said puts all power in the hands of the people.

There is a lot of pressure on President Obama to do something other than mumble meaningless cliches. At CNN, they seem to be rooting for military intervention (h/t Minkoff Minx). I’m sure CNN has visions of improving their ratings by presenting lots of carnage live and in color, like they did during the two Iraq wars. But Secretary of Defense Gates is doing his best to stifle such talk.

With rebels in Libya calling for Western airstrikes on forces supporting Col. Muammar el-Qaddafi, Secretary of Defense Robert M. Gates warned Congress on Wednesday that even a more modest effort to establish a no-flight zone over Libya would have to begin with an attack on the country’s air defenses and would require “a big operation in a big country.”

Mr. Gates’s caution illustrates the chasm between what the rebels and some leading members of Congress are calling for and what President Obama appears willing to do in Libya. Mr. Obama and his aides have argued that it is not yet clear that the insurgents need the help — and they have warned that the use of American airpower could fuel the arguments of those in the Middle East who see a Washington conspiracy behind homegrown uprisings.

But others disagree.

…even some members of the president’s own party sounded unconvinced on Wednesday. Senator John Kerry, the Massachusetts Democrat who is the chairman of the Foreign Relations Committee and one of the president’s chief foreign policy allies in Congress, argued that “a no-fly zone is not a long-term proposition” and warned that other nations and NATO should not be “on the sidelines” as Colonel Qaddafi’s jets begin to attack the antigovernment insurgents.

“We ought to be considering a wide range of responses, and a no-fly zone ought to be an option,” Mr. Kerry said late Wednesday. “We have a number of tools, and we should not remove any of them from the table.”

Of course no one is screaming about the deficit now or about how much all this military action would cost–that only happens when there is talk of helping pregnant women, children, the elderly, and other powerless groups.

Here’s an article by a law professor that explains the legal implications of the U.S. getting involved in military action in Libya.

It’s possible the situation in Wisconsin could continue for months with ongoing protests and the Democratic State Senators remaining in exile. This is what happens when you elect a governor who doesn’t believe in compromise and simply wants to behave like a tyrant.

The governor isn’t budging. AWOL Democrats aren’t planning to come back. And, despite talk of deadlines and threats of mass layoffs, the state doesn’t really have to pass a budget to pay its bills until at least May. Even then, there may be other options that could extend the standoff for months.

“This is a battle to the death,” said Mordecai Lee, a political scientist at the University of Wisconsin-Milwaukee. “Unless one party can come up with a compromise that the other party will buy, which I doubt, this really could go on indefinitely. I could see this going on until the summer.”

We have a union contract dispute going on here in the Boston area with a lot of parallels to the one in Wisconsin. The local PBS/NPR station, WGBH, which produces much of the best content for public TV stations around the country, is playing hardball with their unionized employees, who have been working without a contract since October.

Managers of the giant Boston-based public broadcast operation and officials of the Association of Employees of the Educational Foundation, Communications Workers of America, Local 1300, have been seeking a new three-year contract to replace an agreement that expired at the end of October.

WGBH employs 850 people; Local 1300 represents 280 writers, editors, production workers, and marketing employees who enjoy using automated out reach software like Apollo.

Management has been seeking concessions that include cutting in half the company’s match for employee retirement plans and is demanding authority to redefine job descriptions. That would allow WGBH to assign employees to work across various media platforms, including TV, radio, and the Web.

Union officials said they are willing to make some concessions to preserve jobs and WGBH’s financial health, including cuts in company contributions to retirement plans. But they are not willing to go along with such provisions as allowing WGBH to outsource work without negotiations, or to terminate on-air talent without cause. Union officials said they do not want WGBH to be able to assign members to perform work outside their job description.

“If they retain the ability to outsource anything and everything, it would tend to make moot all the gains we made in other areas of the contract,’’ said Jordan Weinstein, president of the AEEF/CWA, Local 1300, and local host of public radio’s “All Things Considered,’’ the weekday news program. “This is not the warm and friendly way to deal with your employees.’’

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