Monday Reads

Red-Blue-intro

Good Morning!

I’ve made plans to go to Seattle next month again to stay with my dad and hope that I can also spend time looking for the possibility of a job since my daughter is joining a small ob/gyn practice about an hour north of Seattle.  It’s hard not to long for the safety of a blue state given what’s been going on recently and given the conversations that I have with people that safely dwell in the Faux News Reality of Welfare Queens,  Pedophile Gays, Scary Black People in Hoodies, and Invading Mexicans.  I’ve been in a long Facebook conversation trying to explain the Affordable Care Act details and why the exchanges are not “government-backed” insurance until I’m blue in the face.  No amount of numbers convinces them that all the jobs are not becoming part time.  I was just told I obviously don’t have common sense if I don’t see the Affordable Care Act as a giant give away to lazy poor people even though I’ve tried to explain that Medicaid still exists and it still is the plan for poor people.  There just exists this ever deepening divide between the realities of Red and Blue States.  Did Nixon’s Southern Strategy doom our Democracy?

In a merciful twist of fate, Juan Linz did not quite live to see his prophecy of the demise of American democracy borne out. Linz, the Spanish political scientist who died last week, argued that the presidential system, with its separate elections for legislature and chief executive, was inherently unstable. In a famous 1990 essay, Linz observed, “All such systems are based on dual democratic legitimacy: No democratic principle exists to resolve disputes between the executive and the legislature about which of the two actually represents the will of the people.” Presidential systems veered ultimately toward collapse everywhere they were tried, as legislators and executives vied for supremacy. There was only one notable exception: the United States of America.

Linz attributed our puzzling, anomalous stability to “the uniquely diffuse character of American political parties.” The Republicans had loads of moderates, and conservative whites in the South still clung to the Democratic Party. At the time he wrote that, the two parties were already sorting themselves into more ideologically pure versions, leaving us where we stand today: with one racially and economically polyglot party of center-left technocracy and one ethnically homogenous reactionary party. The latter is currently attempting to impose its program by threat upon the former. The events in Washington have given us a peek into the Linzian nightmare.

Traditionally, when American politics encountered the problem of divided government—when, say, Nixon and Eisenhower encountered Democratic Congresses, or Bill Clinton a Republican one—one of two things happened. Either both sides found enough incentives to work together despite their differences, or there was what we used to recognize as the only alternative: gridlock. Gridlock is what most of us expected after the last election produced a Democratic president and Republican House. Washington would drudge on; it would be hard to get anything done, but also hard to undo anything. Days after the election, John Boehner, no doubt anticipating things would carry on as always, said, “Obamacare is the law of the land.”

Instead, to the slowly unfolding horror of the Obama administration and even some segments of the Republican Party, the GOP decided that the alternative to finding common ground with the president did not have to be mere gridlock. It could force the president to enact its agenda.

It used to be that elections came with the usual majority rules ramifications.  This current group of Tea Party insurrectionists evidently has changed that equation.  The question now is what can we do about it?

And as the saying goes, elections have consequences. It’s how Democratic victories in the 1930s paved the way for Franklin Roosevelt’s New Deal, how Dem victories in the 1960s led to Lyndon Johnson’s Great Society programs, how Republican victories in the 1980s resulted in Ronald Reagan’s tax cuts, how Democratic majorities in 2006 and 2008 led to Obama’s health-care law, and how the GOP’s midterm wins in 2010 extracted spending-cut concessions from Obama the following year.

Yet what’s extraordinary about this current political fight is that Republicans are seeking another round of concessions — over the president’s signature domestic achievement — after losing the last election, which was viewed in part as a referendum on the health-care law.

“It’s as if Ted Cruz slept through the entire 2012 cycle,” a senior Democratic aide tells First Read. “It’s not like Obamacare, spending and debt weren’t major issues in 2012. They were central — and we won.”

Nevertheless, Cruz and House Republicans maintain that Obama and the Democrats must negotiate over the health-care law to re-open the federal government. And House Speaker John Boehnersays Democrats must negotiate to raise the debt ceiling. “The nation’s credit is at risk because of the administration’s refusal to sit down and have a conversation,” he told ABC News. “The votes are not in the House to pass a clean debt limit. And the president is risking default by not having a conversation with us.”

I found that Boehner comment about the lack of votes to be really strange given that he seems to think that the Democrats in the House and their votes do not matter.  What exactly is the conversation and why should the rest of the country have it when we thought we decided that about a year ago during the election?  Why is Boehner willing to weaponize the debt ceiling again?  (This is the same Jonathan Chait article I referenced above.)

The debt ceiling turns out to be unexploded ordnance lying around the American form of government. Only custom or moral compunction stops the opposition party from using it to nullify the president’s powers, or, for that matter, the president from using it to nullify Congress’s. (Obama could, theoretically, threaten to veto a debt ceiling hike unless Congress attaches it to the creation of single-payer health insurance.) To weaponize the debt ceiling, you must be willing to inflict harm on millions of innocent people. It is a shockingly powerful self-destruct button built into our very system of government, but only useful for the most ideologically hardened or borderline sociopathic. But it turns out to be the perfect tool for the contemporary GOP: a party large enough to control a chamber of Congress yet too small to win the presidency, and infused with a dangerous, millenarian combination of overheated Randian paranoia and fully justified fear of adverse demographic trends. The only thing that limits the debt ceiling’s potency at the moment is the widespread suspicion that Boehner is too old school, too lacking in the Leninist will to power that fires his newer co-partisans, to actually carry out his threat. (He has suggested as much to some colleagues in private.) Boehner himself is thus the one weak link in the House Republicans’ ability to carry out a kind of rolling coup against the Obama administration. Unfortunately, Boehner’s control of his chamber is tenuous enough that, like the ailing monarch of a crumbling regime, it’s impossible to strike an agreement with him in full security it will be carried out.

The standoff embroiling Washington represents far more than the specifics of the demands on the table, or even the prospect of economic calamity. It is an incipient constitutional crisis. Obama foolishly set the precedent in 2011 that he would let Congress jack him up for a debt-ceiling hike. He now has to crush the practice completely, lest it become ritualized. Obama not only must refuse to trade concessions for a debt-ceiling hike; he has to make it clear that he will endure default before he submits to ransom. To pay a ransom now, even a tiny one, would ensure an endless succession of debt-ceiling ransoms until, eventually, the two sides fail to agree on the correct size of the ransom and default follows.

This is a domestic Cuban Missile Crisis

Texas Demagogue and Senator Ted Cruz is already pushing the crisis forward. 

Sen. Ted Cruz (R-Texas) on Sunday said changes to President Obama’s signature healthcare law should be tied to a debt ceiling increase.

The Texas Republican said any deal on raising the nation’s borrowing authority should include some “significant structural” plans to reduce government spending, avoid new taxes and “look for ways to mitigate the harm from ObamaCare.”

“The debt ceiling historically has been among the best leverage that Congress has to rein in the executive,” he said on CNN’s “State of the Union.”

Of the 55 times Congress has raised the debt limit, Cruz argued that 28 of those times Congress has attached “very stringent requirements,” many designed to reduce spending, including the 2011 sequestration plan.

So, a debt-ceiling increase should “respond to real harms coming from ObamaCare,” Cruz said.

Cruz said Republicans have leverage because of “so many nasty partisan jabs from Democrats” proving that “we’re winning the argument —Obamacare isn’t working.”

Treasury Secretary Jack Lew reiterated on Sunday that the federal government will run out of borrowing authority on Oct. 17.

And the world thinks we’ve completely lost it.00-02a-12-10-11-political-cartoons-tea-party  Here’s a taste of the German press as excerpted by Der Spiegel.

Munich’s national Süddeutsche Zeitung offers a slightly more depressing take, pointing blame at all sides. “What has already been apparent in America for a few years now is the self-destruction of one of the world’s oldest democracies. And the great tragedy here is that this work of destruction isn’t being wrought by enemies of democracy, greedy lobbyists or sinister major party donors. America’s democracy is bring broken by the very people who are supposed to be carry and preserve it: the voters, the parties and the politicians.”

The argument? The Republicans who have brought Washington to stillstand are repeatedly and democratically elected by voters and given a mandate to block. The parties themselves are fomenting an increasingly radicalized culture that deepens political, societal and geographic divisions in the country, argues the newspaper. And finally, there are few politicians in America who are willing or capable of thinking beyond their own electoral constituencies.

“At the moment, Washington is fighting over the budget and nobody knows if the county will still be solvent in three weeks,” the paper concludes. “What is clear, though, is that America is already politically bankrupt.”

The Brit magazine The Economist says that the US is ‘ungovernable’ and is demonstrating that our current situation is “no way to run a government”.

America enjoys the “exorbitant privilege” of printing the world’s reserve currency. Its government debt is considered a safe haven, which is why Uncle Sam can borrow so much, so cheaply. America will not lose these advantages overnight. But anything that undermines its creditworthiness—as the farce in Washington surely does—risks causing untold damage in the future. It is not just that America would have to pay more to borrow. The repercussions of an American default would be both global and unpredictable.

It would threaten financial markets. Since American Treasuries are very liquid and safe, they are widely used as collateral. They are more than 30% of the collateral that financial institutions such as investment banks use to borrow in the $2 trillion “tri-party repo” market, a source of overnight funding. A default could trigger demands by lenders for more or different collateral; that might cause a financial heart attack like the one prompted by the collapse of Lehman Brothers in 2008. In short, even if Obamacare were as bad as tea-party types say it is (see Lexington), it would still be reckless to use the debt ceiling as a bargaining chip to repeal it, as some Republicans suggest.

What can be done? In the short term, House Republicans need to get their priorities straight. They should pass a clean budget resolution without trying to refight old battles over Obamacare. They should also vote to raise the debt ceiling (or better yet, abolish it). If Obamacare really does turn out to be a flop and Republicans win the presidency and the Senate in 2016, they can repeal it through the normal legislative process.

An FBI hostage negotiator has some hints on how to deal with petulant Tea Party bomb throwers.

red blue americans

So how did it get to this point? “Its fear-driven behavior,” says Voss. “They get angrier because they feel they’ve been defeated. People notice losses twice as much as they notice wins. It’s a sports metaphor you hear all the time: ‘I hate losing more than I like winning’…I think there’s a very strong sense of loss on their part over what they refer to as Obamacare and resentment over that is carried forward.”

But hostage negotiators aren’t the type to give up hope. “Ultimately, everybody wants success. And there are a lot of definitions of success,” Voss says. “Bottom line, they want to be made to look like they were effective and got things done for their side. So it’s a matter of refocusing on what’s in everybody’s best interests.”

He’s looking to the Obama White House to help start the reset: “I would ask them to start saying, ‘I understand that the people on the other side of the table have the best interests of the American people at heart.’ Simply recognize that. Everybody wants to do what’s best for the American public. Those sorts of statements repeated on a regular basis, it’s the start of dialogue. It’s not concession; it’s the beginning of dialogue.”

But the prison siege mentality Voss describes is exacerbated by an absence of strong calming leadership in the congressional GOP. “Those guys are sitting on the sidelines,” Voss says. “There are quite a few Republican politicians that I have a tremendous amount of respect for that are exceedingly silent these days.” He mentions House Intelligence Committee Chairman Mike Rogers: “I’ve never heard anything out of Mike’s mouth that wasn’t really thoughtful and nuanced.”

Another possible constructive calming voice on the conservative caucus could be former President George W. Bush. “I think there’s a possibility that he would be somebody that you would talk to behind the scenes, and potentially an intermediary himself. I think he absolutely has the ability to be a stabilizing influence.”

But how to do you deal with the hyper-partisan congressional bomb-throwers? “Well it’s like a game of tic-tac-toe with the tantrum throwers,” Voss says. “In tic-tac-toe, if you’re going second, the best you can possibly do is tie—if you play the game. There’s a first-mover advantage. The minute you stop playing that game the first mover advantage goes away. So you don’t play their game at all. That’s the way you respond.”

So, the craziness continues and escalates.  If things come apart at the seams, I do not want to be stuck in Bobby Jindal’s Louisiana.

What’s on your reading and blogging list today?


Irrational Exuberance

So, I am not exactly going to use the term “irrational exuberance” quite in the context that it was originally uttered by Alan Greenspan in 1996.  MaybeCARTOON INSANI-TEA PARTY irrational mania or hate-driven zealotry or crazy-go-nuts gullibility are better terms.   Whatever the case, the so-called “Tea Party” ginned up by the histrionics of folks like Ted Cruz , the low information and thought ability of Sarah Palin, and the whacko ideology of the neoconfederate Pauls believes that taking down “Obamacare” and our government is the be all and end all of their existence.  There’s some articles today looking at their efforts.  Why are they doing everything from crowing townhall meetings and running strange ads?  There’s an interview there with one of the exhuberati that’s pretty damned strange.

Another objection that’s been raised is that this would only lead to a government shutdown or default, and Republicans would get blamed for that. Are you advocating that outcome?

The outcome we would like to see is that the American people don’t have to pay for Obamacare, however that comes to pass. It’s like driving from L.A. to San Francisco — there’s a million different ways to get there. We believe this approach is the last, best opportunity to prevent the American taxpayer from having to shell out the money and support Obamacare.

Think for a second. You’re a taxpayer, an ordinary American working woman. You’ve got to pay for a health-care system that Congress is exempt from. You have to participate in a health-care system that big business, political cronies, congressmen and their staffs do not have to participate in. That doesn’t sound like a democratic republic to me. That’s what’s got the grassroots upset. We are not serfs. We are citizens.

The House has had, what, 40 votes to repeal Obamacare, and what has that done? Besides given members of Congress a bloody shirt that they can wave on the stump back home and say, “I’m against Obamacare”? This effort to ensure right now that Americans don’t have to pay for Obamacare is the best way to go about it. It’s not just bloody-shirt-waving for the voters, it’s an actual, working thing.

For some reason, the right wing always seems to think they get to pick and choose what their tax dollars go for even though their representatives and our representatives do that for us as clearly outlined.  They seem to think that they don’t have to pay for birth control or abortion services or whatever it is that drives them to hysteria while I have to pay for their wars, their Isreal at all costs policies, their police state, their gay conversion therapies, and their screeds and lies that basically outline state ownership of women.

The deal is that the anti-Obamacare movement will fail if it does not succeed now.  Folks like Ted Cruz basically know this.

Cruz’s suggestion that conservatives can still win the defund fight is getting attention, but the really important quote here is Cruz’s concession that conservatives have not won “the argument” in a long time. Here’s why: Cruz almost certainly knows full well that this is the last chance to win the broader argument over Obamacare. Once the law’s benefits kick in, it will probably no longer be winnable.

Obamacare opponents cite polls showing Obamacare’s unpopularity to justify continued efforts to repeal and/or sabotage the law, whether through a government shutdown or through more prosaic methods. But, as even some Republicans are now acknowledging, the Republican position on health care is untenable as long as they fail to offer a meaningful alternative that would accomplish Obamacare’s core goals — expanding coverage to many millions of uninsured and protecting consumers and those with preexisting conditions from insurance industry abuse.

This is the argument conservatives are losing: As unpopular as Obamacare is, there is simply no evidence that this dissatisfaction translates into public support for repealing the law entirely and simply letting the “magic of the marketplace” ensure that everyone is covered. And a number of writers — Jonathan BernsteinAaron CarrolEzra Klein,Jonathan Cohn, and Paul Krugman — have already explained well why Republicans can’t offer an alternative to Obamacare that accomplishes what the law accomplishes, and why there’s simply no meaningful Republican alternative to embracing Obamacare’s general approach or essentially doing nothing.

For several years now, Republicans have been able to paper over this problem by making the political argument only a referendum on the lurid, nightmarish vision of Obamacare they have painted (with some success) for voters. But as even Cruz seems to recognize, the actual contours of the argument we’re having will only become clearer as Obamacare’s concrete benefits kick in — very likely rendering that argument unwinnable. That leaves Republicans in the position of hoping the law is a disaster and doing all they can to bring that about. But that posture only further underscores what makes the GOP position untenable in the first place. Cruz is absolutely right: time is running out.

Undoubtedly, the law will begin to morph into something else should the  political and governance process in Washington work again. The absolute hysteria on the right caused by the law is nearly as bad as the attempts by the right to circumvent civil rights, gay rights or reproductive rights.  The weird difference is this law has some component that is likely to benefit nearly every one.  It isn’t aimed at relieving oppression of any one group.  It’s aimed at solving a nationwide problem created by our very dysfunctional healthcare system that mostly became dysfunctional because of the system of paying for health care.

 From the day the Affordable Care Act was enacted, every Republican in Congress and most Republicans in state and local governments have done everything imaginable to interfere with its implementation, and have systematically opposed the kind of legislative “fixes” that are normal for any major new law, while loudly cheering for its failure. Now we are told that executive measures to make the law work mean that it’s not the law of the land. So what exactly happened when the president signed this legislation on March 23, 2010? Does the legitimacy of a law depend on acceptance of it by its opponents? Think about the implications of that theory, and recall that not so very long ago Republicans tried to drive a president from office on grounds that his efforts to hide sexual impropriety threatened the very Rule of Law.

That last sentence deserves a second look because there are calls to impeach Obama over “ObamaCare”.  This is another clear indication that the Tea Party and Republicans–n general–are rarely about the Constitution. What is their generally accepted definition of “high crimes and misdemeanors”?  Even Republican congress critters don’t seem to understand our Constitution.

Kerry Bentivolio is a Republican member of The House of Representatives from the great state of Michigan. He’s also clearly deranged. Bentivolio is the latest TEApublican to throw his voice in support of impeaching President Barack Obama. Speaking at a town hall meeting in his home district, the congressman told a constituent that essentially he doesn’t like President Obama, would love to impeach him, but he just doesn’t have any of the pesky evidence you need to actually convict a sitting president on impeachment charges.

“You know, if I could write that bill and submit it, it would be a dream come true,” Bentivolio told the constituents. “I feel your pain, I know, I stood twelve feet away from the guy and listened to him. I couldn’t stand being there, but because he is president I have to respect the office. That’s my job, as a congressman, I respect the office.” A dream come true, congressman? There used to be a time in this country where impeachment was considered such a drastic undertaking that even a president’s political foes took no glee in doing it.

All of this just isn’t rational under any logical paradigm.  So, that just brings me back to the the conclusion that this is mostly about anger, hatred, and racism at a very visceral level.  This is also what probably ties what should just be a basic economic policy issue to basic civil rights issues and it’s also what makes the Tea Party a mostly white movement tinged with strong elements of neoconfederates, christofascists, and gun toting preppers. These folks seem to like their social security and medicare and scream loudly when these programs are threatened.  They only seem to hate it when folks outside of their ‘own’ might get access to something that they’re convinced doesn’t benefit them even when it likely does.  That’s just plain crazy talking.


Senate turning into the Ted Cruz Show: Would you like to play a game of “Wacko Birds”?

Yes, it’s another post demonstrating that Ted Cruz thinks he knows more than everyone else.  He continues to spew lectures more appropriate for school children than adults. Cruz lectured Senator Dianne Feinstein on the Constitution.  She fired back. You can see her response to his uppity asshole comments.

Feinstein became furious at one point with Cruz, who she saw as lecturing to her about the meaning of the Constitution and why manufactured_a_communistthe framers of that document used certain language.

“I’m not a sixth-grader,” she told the freshman Tea Party favorite. “I’m not a lawyer, but after 20 years, I’ve been up close and personal to the Constitution. I have great respect for it. … It’s fine you want to lecture me on the Constitution. I appreciate it. Just know I’ve been here for a long time. I’ve passed on a number of bills. I’ve studied the Constitution myself. I am reasonably well-educated, and I thank you for the lecture.”

Cruz responded by asking Feinstein if she also thought she had the power to interpret the First Amendment by deciding what books people could read.

Feinstein said she was happy that child pornography was illegal, and Sen. Patrick Leahy (D-Vt.) stepped in, bringing up controversies in Cruz’s home state over the content of its textbooks.

-courtesy-benjamin-leeTed Cruz seems to be on a fast track to replacing Jim Demint as the most bombastic–and therefore least effective–idiot in the Senate.  Given he’s got some great competition in Rand Paul, that says a lot.  He’s already  garnered comparisons to McCarthy and McCarthyism already.  CPAC has declared Cruz its new American Hero and Cruz appears ready to abuse the legacy of Ronald Reagan like the rest of the delusional Republican masses.  I wonder how many pictures of Ronald Reagan grace the focal points of Republican toilet stools throughout Red State America? Astrolube to the Stars any one?

Cruz (R-Texas) was the keynote speaker at the annual Weyrich Awards dinner in downtown Washington, a gathering of conservative groups and activists. He’ll deliver the closing speech at CPAC on Saturday evening.

Upon his arrival, Cruz joked about sequestration and Sen. John McCain’s (R-Ariz.) recent suggestion that Cruz, Sen. Rand Paul (R-Ky.) and Rep. Justin Amash (R-Mich.) are “wacko birds.”

“It is wonderful to be among friends or, as some might say, fellow wacko birds,” he said, to laughs from the crowd. “If standing for the Constitution, standing for liberty, standing for values makes one a wacko bird … then I am pleased that birds of a feather flock together.”

Cruz, a Tea Party favorite who rode grassroots enthusiasm to defeat establishment Republican candidate David Dewhurst in a runoff last summer, has been a star of the conservative movement since he took office in January. Cruz spoke for 40 minutes and received multiple standing ovations from the crowd of a few hundred people.

 Cruz has his own concept of why Republicans lose elections these days.  They’re simply not good enough at lecturing people about their own interests, I guess.

Cruz said that in order to “win the argument” against Democrats, two key words should be “tattooed on every [Republican’s] hand”: “growth” and “opportunity.”

If Republicans can stress those two ideas instead of focusing on cuts and negative ideas, he said, they’ll be able to convince the American people that Republicans are actually the party that’s best for struggling Americans.

“One of the most painful things about being a conservative is how many elected Republicans do not understand that our policies work — and they work especially for those struggling to climb the economic ladder,” he said. “We’re not going to win the argument unless we understand that our ideas work.”

This concept is one that President Ronald Reagan understood, he said.

“President Reagan didn’t have to agonize over a speech about how to convey that because he lived it. He understood this is who we are as Americans and every one of us in this room understands that also.”

It’s a little early in his career to get a good handle on how far this particular “wacko bird” can go but I have a feeling that-unlike Demint–his type of crazy is powered by a few more braincells than your usual neoconfederate revivalist.  Get ready to embrace that old timey plantation religion.


Tuesday Mid-Morning Reads: Immigration Reform, Aaron Swartz Prosecution, and Much More

Barbara Stanwyk reading

Good Morning Everyone!!

The media talking heads are going on and on about the supposed “bi-partisan agreement” on Immigration reform. I’m not really clear on what policies have been “agreed” on, but frankly, I’ll believe it when I see it. TPM reports: Gang Of 8’s Path To Citizenship Is Still A Rocky Road.

While reformers are excited that a path to citizenship for illegal immigrants is the centerpiece of the Senate’s new bipartisan immigration deal, it’s still unclear just how accessible that path will be for the undocumented population.

Without the proper components, experts warn the Senate plan could be the beginning of a long process to bringing illegal immigrants fully into American society, one that could take not years but decades.

So what does the process involve?

Under the plan, undocumented immigrants would receive a probationary status if they pass a criminal background check, pay a fine, and pay any back taxes owed to the government. After that, they’d have to wait to apply for permanent residency – a prerequisite to citizenship – until after a series of border security measures go into effect.

None of the new border measures, which will be overseen by a commission of southwestern state officials and community leaders, appear too difficult to implement at first glance (although there are concerns as to how much power conservative state politicians would wield in the process). The big question is what comes next when 11 million newly legal immigrants apply for a green card.

According to the framework, these applicants will then be required to “go to the back of the line of prospective immigrants.” But for many of them, a clear line doesn’t actually exist at the moment. Individuals can apply for green cards through a number of categories, mostly based on having family already in the country or on their employment status, which experts say are inadequate to the task of absorbing so many immigrants at once.

Greg Sargent says that the assumption that conservative Southern governors will control the process because they will be the ones to certify that the border is secure is “not true.”

I’ve now got clarification from Senate staff working on the bill, and it turns out that the enforcement commission’s judgments will only be advisory, and are entirely nonbinding. Congress’ actions will not be dictated by what this commission concludes; neither will actions taken by the Department of Homeland Security. The citizenship process will be triggered by other means (more on this soon).

This is central to the debate. If this commission had the power to dictate when the citizenship process begins, it could endanger the entire enterprise by giving people like Jan Brewer veto power. Second, this enforcement commission is being seen as a major concession Republicans won in exchange for agreeing to grant citizenship to the 11 million.

So what did Republicans get in this deal then?

The concessions Republicans got in this deal — in exchange for agreeing to citizenship for 11 million — include beefed up border security, a new program designed to help employers verify their employees’ status, tougher checks on immigrants overstaying visas, and the need for undocumented immigrants to go to the end of the immigration line.

Meanwhile, President Obama will roll out his own, supposedly “more liberal” immigration reform plan beginning today in a speech in Las Vegas.

The Obama administration has developed its own proposals for immigration reform that are more liberal than a separate bipartisan effort in the Senate, including a quicker path to citizenship for illegal immigrants, people with knowledge of the proposals said.

President Obama is expected to provide some details of the White House plans during a Tuesday appearance in Las Vegas, where he will call for broad changes to the nation’s immigration laws. The speech will kick off a public push by the administration in support of the broadest overhaul of immigration law in nearly three decades.

Obama plans to praise the proposals laid out Monday by an eight-member Senate working group, saying they reflect the core tenets of the administration’s immigration blueprint developed in 2011, a senior administration official said.

But the president’s remarks also are likely to emphasize differences that could foreshadow roadblocks to passage in Congress at a time when both parties say there is momentum for a comprehensive deal.

Naturally, the wingnuts in the House will provide roadblocks galore for whatever plan the Senate approves. Read all about it at Politico.

mitchmconnell turtle

Politico reported yesterday on a possible collaboration between the Tea Party and Democrats in Kentucky to dump Senate Minority Leader Mitch McConnell.

Big Democratic donors, local liberal activists and a left-leaning super PAC in Kentucky are telling tea partiers that they are poised to throw financial and organizational support behind a right-wing candidate should one try to defeat the powerful GOP leader in a 2014 primary fight.

The idea: Soften up McConnell and make him vulnerable in a general election in Kentucky, where Democrats still maintain a voter registration advantage. Or better yet, in their eyes: Watch Kentucky GOP primary voters nominate the 2014 version of Todd Akin or Richard Mourdock, weak candidates who may actually lose.

Interesting… Once again, I’ll believe it when I see it. Still, anything is possible. Plus McConnell is very unpopular in his home state according to the latest poll

With his re-election bid just a year away, those opposed to U.S. Sen. Mitch McConnell outnumber his supporters 2-1 among Kentucky voters, according to the latest Courier-Journal Bluegrass Poll.

In the poll of 609 registered voters, 34 percent said they plan to vote against McConnell — while just 17 percent say they will vote to give him six more years. Forty-four percent said they will wait to see who is running against him before deciding, and 6 percent said they are not sure.

The poll, conducted by SurveyUSA, has a margin of error of plus or minus 4.1 percentage points. It comes as groups on both McConnell’s right and left seek candidates to challenge him in the primary and general elections in 2014. McConnell, the most powerful Republican in the Senate as minority leader, is seeking his sixth term.

More information is coming out

about the over-the-top prosecution that probably contributed to the suicide of genius cyber-activist Aaron Swartz. Rolling Stone reports:

Swartz’s friends and family have said they believe he was driven to his death by a justice system that hounded him needlessly over an alleged crime with no real victims. “[He was] forced by the government to spend every fiber of his being on this damnable, senseless trial,” his partner Taren Stinebrickner-Kauffman said at the memorial, “with no guarantee that he could exonerate himself at the end of it.”

Two zealous federal prosecutors handled Swartz’s case: U.S. district attorney Carmen Ortiz and assistant attorney Stephen Heymann. In the days after his death, writers, tech experts, and many of Swartz’s friends have called out Heymann and Ortiz for prosecutorial overreach. A White House petition demanding the removal of Ortiz garnered well over 25,000 signatures, reaching the level which guarantees an eventual response from the Obama administration.

Carmen Ortiz

Carmen Ortiz

Some of Swartz’s advocates believe the prosecution sought excessive punishment to set an example in the age of Wikileaks and Anonymous.

Declan McCullough writes at CNet that when Swartz’s case was being prosecuted by the Middlesex County DA’s office, there was no thought of sending Swartz to prison for what was essential a minor, victimless crime.

State prosecutors who investigated the late Aaron Swartz had planned to let him off with a stern warning, but federal prosecutor Carmen Ortiz took over and chose to make an example of the Internet activist, according to a report in Massachusetts Lawyers Weekly.

Middlesex County’s district attorney had planned no jail time, “with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner,” the report (alternate link) said. “Tragedy intervened when Ortiz’s office took over the case to send ‘a message.'”

The report is likely to fuel an online campaign against Ortiz, who has been criticized for threatening the 26-year-old with decades in prison for allegedly downloading a large quantity of academic papers. An online petition asking President Obama to remove from office Ortiz — a politically ambitious prosecutor who was talked about as Massachusetts’ next governor as recently as last month.

Ortiz no longer has a political future, and other abuses of power by her office are now coming out. Read more at the link. I posted links to more damning information about Ortiz in a recent post.

The Massachusetts Lawyers’ Weekly post by Harvey Silverglate is behind a paywall, but it has been republished with permission at Media Nation.

Aaron Swartz

Aaron Swartz

Silverglate writes:

The ill-considered prosecution leading to the suicide of computer prodigy Aaron Swartz is the most recent in a long line of abusive prosecutions coming out of the U.S. attorney’s office in Boston, representing a disastrous culture shift. It sadly reflects what’s happened to the federal criminal courts, not only in Massachusetts but across the country….

the palpable injustices flowing regularly out of the federal criminal courts have by and large escaped the critical scrutiny of the lawyers who are in the best position to say something. And judges tend not to recognize what to outsiders are serious flaws, because the system touts itself as the best and fairest in the world.

Since the mid-1980s, a proliferation of vague and overlapping federal criminal statutes has given federal prosecutors the ability to indict, and convict, virtually anyone unfortunate enough to come within their sights. And sentencing guidelines confer yet additional power on prosecutors, who have the discretion to pick and choose from statutes covering the same behavior.

This dangerous state of affairs has resulted in countless miscarriages of justice, many of which aren’t recognized as such until long after unfairly incarcerated defendants have served “boxcar-length” sentences.

Aaron Swartz was a victim of this system run amok. He was indicted under the Computer Fraud and Abuse Act, a notoriously broad statute enacted by Congress seemingly to criminalize any use of a computer to do something that could be deemed bad.

If you care about this issue, please go read the whole thing. Read Charles Pierce’s take on it here.

There have been some reports that Swartz had contacted Wikileaks’ Julian Assange and could possibly have been working with the organization, but it’s not clear what Swartz could have leaked to them. I can’t imagine Wikileaks being interested in distributing a bunch of academic journal articles that are already available to millions of people from numerous sources. Nevertheless, the Feds are so obsessed with Wikileaks and cyber-security generally that that could have led to their taking over Swartz’s case.

I have a number of other suggested reads that I’ll list  link dump style.

Bloomberg: The Fed Is More Out of It Than You Thought It Was

HuffPo: Treasury Disregarded Own Guidelines, Allowed Executive Raises At Bailed-Out GM, AIG: Report

LA Times: A third of Barnes & Noble stores may close in next decade, report says

Alex Pareene at Salon: 3 reasons to be skeptical that immigration reform will pass /

Irin Carmon at Salon: Is abortion about women?

Time: Barbara Walters Has the Chicken Pox

CBS Crimesider: JonBenet Ramsey Case: Grand jury voted to indict parents in 1999, prosecutor refused to sign

USA Today: Iran says it launched a monkey into space (Video)

NYT: The Preppers Next Door – The Doomsday Preppers of New York

ABC News: Bigfoot: Is Mysterious Screech Sasquatch? (Hey, is Bigfoot really any weirder than the Tea Party Republicans? I don’t think so.)

So….what’s on your reading and blogging list today? I look forward to clicking on your links!


Saturday Reads: World-Wide Rape Culture and Other News

Newspaper, coffee and bagel at table

Good Morning!!

For the past two days I’ve been reading about the gang rape that took place in Steubenville, Ohio last August. This horrendous story got almost no national publicity until The New York Times published a long investigative piece on it on December 16. I’m sure you’ve probably heard about it by now too.

Sadly, it’s a familiar story. High school athletes sexually assault young girl, town closes ranks to protect boys and blame the victim. We’ve seen similar events again and again over the past few years and probably the only difference in these recent attacks on women from those in previous times–going by centuries–is that they get more publicity now and some people are outraged about them. But it doesn’t stop.

There was the Richmond High gang rape in California, the Pitt Meadows gang rape in British Columbia, the gang rape of an 11-year-old girl in Texas, and most recently the death of a woman who was viciously gang raped in India.

Go here to watch a very good video of Amanda Marcotte and a Canadian blogger discussing our world-wide rape culture, focusing on the cases in India, Steubenville, and Pitt Meadows.

Another difference in these incidents from those in earlier times is that participants often take photos and videos of these horrendous events and either send them to each other or post them on-line. In the Steubenville case, participants even tweeted about what was happening as they watched! This creates more nightmarish problems for victims and for law enforcement, but may also lead to perpetrators getting caught even when there is a local cover-up. In Steubenville, an “Anonymous” group has been involved–hacking into computers to retrieve data that has been erased.

Shockingly, this week, as the Steubenville story broke nationally, we witnessed the shameful spectacle of House Republicans finally refusing–after months of stalling–refusing to reauthorize the Violence Against Women Act.

To be honest, I wasn’t even sure if I should write about the Steubenville story today. It’s so disgusting that I haven’t even been able to bring myself to watch the video of students joking about the gang rape that the Anonymous group released. I didn’t want to subject all of you to something that I can barely stand to read about.

What I decided to do is give you a brief summary of what I’ve learned so far and post some links so you can read more if you are interested. I’m not going to name names, but you’ll see them if you go to the links.

Steubenville is a small town of about 17,000 people in southeastern Ohio just a short distance from the West Virginia border. Steubenville is crazy about their high school football team (nicknamed “Big Red”) and the team brings in a great deal of money to the community–through increased legal and illegal (gambling) business. There has apparently been a culture of protecting the football players and allowing them to run wild, and the perpetrators in this case are football players.

What I’ve gathered, based on the most recent stories and rumors, is that the victim (age 16) lived in West Virginia but had recently broken up with her boyfriend who was from Steubenville. The boyfriend was enraged about the breakup, and tweeted about the victim, saying she should be punished. He apparently encouraged at least one member of the football team to call the girl, befriend her, and urge her to attend a massive end of the summer party that took place in multiple locations. One of the locations was the home of the local prosecuting attorney whose son is on the football team.

The Anonymous hackers claim the girl was drugged immediately after she was picked up in a car by three football players. That can’t be confirmed because the girl didn’t get to the hospital in time for a date rape drug to be detected. It makes sense though, because the girl was unconscious throughout the night and doesn’t remember anything after she got in the car with the two perpetrators who have been arrested so far.

These two boys (both 16) carried the girl around like an object from house to house (there are photos), and she was repeatedly sexually assaulted by multiple attackers. This apparently happened during parties as the girl lay on the floor or in a chair, unresponsive. One onlooker even “joked” that she was dead. The NYT reports that at one point she vomited in the street and “she remained there alone for several minutes with her top off.” At one point a former football player who was a student at Ohio State University this year called for her to be urinated on. It’s not clear if that happened, but several people reported it.

The girl reportedly slept on a couch in one of the houses and was taken home early in the morning and left on her parents’ doorstep. She had no knowledge of what had happened to her until she started seeing the comments and photos on Twitter, Facebook, and Instagram. The fact that she has no memory of the night at all certainly suggests that she could have been given a date rape drug. You’ll find a lot more information on Atlantic Wire if you go to that link.

When the girl’s mother realized what had happened, she took her daughter to the hospital and to the police, but it was too late to recover any evidence. The local prosecutor reportedly discouraged the victim and her family from pressing charges, warning that the community would turn against them and the media would never leave them alone.

Eventually two boys were arrested and charged as adults with rape and kidnapping, but many character witnesses testified for them, including the football coach (who is close friends with the Sheriff and who didn’t bench any of the other team members involved) and the kidnapping charge was dropped and the boys are now charged as juveniles. Their trial is scheduled for February. No one else as been charged, but after the story went national this week authorities said there could be more arrests. The case is now being investigated by special prosecutors and the local prosecutor and judge have recused themselves (BTW, the state attorney general is former Republican Senator Mike DeWine–remember him? In addition, the Atlantic reported yesterday that the football coach may be forced to resign. Today Anonymous plans to hold a public protest in Steubenville.

A few more links:

Prinniefied.com, the home of a crime blogger who kept the Steubenville story alive for months when there was little media coverage.

An early (September 2) story from the Cleveland Plain Dealer: Rape charges against high school players divide football town of Steubenville, Ohio

WTOV News 9 in Jefferson County Ohio: New developments revealed in Steubenville teen rape investigation

DailyKos: The Steubenville Rape – A Timeline

American Prospect: Purity Culture Is Rape Culture

The Atlantic: As a Girl in India, I Learned to Be Afraid of Men

The Atlantic: India’s Gender-Equity Problem

In Other News

Some interesting reads on other topics

A fascinating article at The Atlantic about the phenomenon of waking up under anesthesia: Awakening

Linda Campbell was not quite 4 years old when her appendix burst, spilling its bacteria-rich contents throughout her abdomen. She was in severe pain, had a high fever, and wouldn’t stop crying. Her parents, in a state of panic, brought her to the emergency room in Atlanta, where they lived. Knowing that Campbell’s organs were beginning to fail and her heart was on the brink of shutting down, doctors rushed her into surgery.

Today, removing an appendix leaves only a few droplet-size scars. But back then, in the 1960s, the procedure was much more involved. As Campbell recalls, an anesthesiologist told her to count backward from 10 while he flooded her lungs with anesthetic ether gas, allowing a surgeon to slice into her torso, cut out her earthworm-size appendix, and drain her abdomen of infectious slop, leaving behind a lengthy, longitudinal scar.

The operation was successful, but not long after Campbell returned home, her mother sensed that something was wrong. The calm, precocious girl who went into the surgery was not the same one who emerged. Campbell began flinging food from her high chair. She suffered random episodes of uncontrollable vomiting. She threw violent temper tantrums during the day and had disturbing dreams at night. “They were about people being cut open, lots of blood, lots of violence,” Campbell remembers. She refused to be alone, but avoided anyone outside her immediate circle. Her parents took her to physicians and therapists. None could determine the cause of her distress. When she was in eighth grade, her parents pulled her from school for rehabilitation.

Over time, Campbell’s most severe symptoms subsided, and she learned how to cope with those that remained. She managed to move on, become an accountant, and start a family of her own, but she wasn’t cured. Her nightmares continued, and nearly anything could trigger a panic attack: car horns, sudden bright lights, wearing tight-fitting pants or snug collars, even lying flat in a bed. She explored the possibility of post-traumatic stress disorder with her therapists, but could not identify a triggering event. One clue that did eventually surface, though, hinted at a possibly traumatic experience. During a session with a hypnotherapist, Campbell remembered an image, accompanied by an acute feeling of fear, of a man looming over her.

An article at The Atlantic on How Obama Decides Your Fate if He Thinks You’re a Terrorist

Over the past two years, the Obama administration has begun to formalize a so-called “disposition matrix” for suspected terrorists abroad: a continuously evolving database that spells out the intelligence on targets and various strategies, including contingencies, for handling them. Although the government has not spelled out the steps involved in deciding how to treat various terrorists, a look at U.S. actions in the past makes evident a rough decision tree.

Understanding these procedures is particularly important for one of the most vexing, and potentially most dangerous, categories of terrorists: U.S. citizens. Over the years, U.S. authorities have responded with astonishing variety to American nationals suspected of terrorism, from ignoring their activities to conducting lethal drone strikes. All U.S. terrorists are not created equal. And the U.S. response depends heavily on the role of allies, the degree of threat the suspect poses, and the imminence of that threat — along with other factors.

See the flow chart and read detailed explanations {shudder} at the link.

NYT: F.D.A. Offers Broad New Rules to Fight Food Contamination

The proposed rules represent a sea change in the way the agency polices food, a process that currently involves taking action after contamination has been identified. It is a long-awaited step toward codifying the food safety law that Congress passed two years ago.

Changes include requirements for better record keeping, contingency plans for handling outbreaks and measures that would prevent the spread of contaminants in the first place. While food producers would have latitude in determining how to execute the rules, farmers would have to ensure that water used in irrigation met certain standards and food processors would need to find ways to keep fresh food that may contain bacteria from coming into contact with food that has been cooked.

New safety measures might include requiring that farm workers wash their hands, installing portable toilets in fields and ensuring that foods are cooked at temperatures high enough to kill bacteria.

Whether consumers will ultimately bear some of the expense of the new rules was unclear, but the agency estimated that the proposals would cost food producers tens of thousands of dollars a year.

Mother Jones: Powerful Tea Party Group’s Internal Docs Leak—Read Them Here

FreedomWorks, the national conservative group that helped launch the tea party movement, sells itself as a genuine grassroots operation, and for years it has battled accusations of “astroturfing”—posing as a populist organization while doing the bidding of big-money donors. Yet internal documents obtained by Mother Jones show that FreedomWorks has indeed become dependent on wealthy individual donors to finance its growing operation.

Last month, the Washington Post reported that Richard Stephenson, a reclusive millionaire banker and FreedomWorks board member, and members of his family funneled $12 million in October through two newly created Tennessee corporations to FreedomWorks’ super-PAC, which used these funds to support tea party candidates in November’s elections. The revelation that a corporate bigwig like Stephenson, who founded the Cancer Treatment Centers of America and chairs its board, was responsible for more than half of the FreedomWorks super-PAC’s haul in 2012 undercuts the group’s grassroots image and hands ammunition to critics who say FreedomWorks does the bidding of rich conservative donors.

Big donations like Stephenson’s are business as usual for FreedomWorks. According to a 52-page report prepared by FreedomWorks’ top brass for a board of directors meeting held in mid-December at the Virginia office of Sands Capital Management, an investment firm run by FreedomWorks board member Frank Sands, the entire FreedomWorks organization—its 501(c)(3) and (c)(4) nonprofit arms and its super-PAC—raised nearly $41 million through mid-December. Of that total, $33 million—or 81 percent of its 2012 fundraising—came in the form of “major gifts,” the type of big donations coveted by nonprofits and super-PACs. (FreedomWorks’ nonprofit components do not have to disclose their funders.)

Well-heeled individual contributors ponied up $31 million—or 94 percent—of those major gifts, according to the FreedomWorks board book. Eight donors gave a half-million dollars or more; 22 donated between $100,000 and $499,999; 17 cut checks between $50,000 and $99,999; and 95 gave between $10,000 and $49,999. Foundations contributed $1.6 million in major gifts, and corporations donated $330,000.

Now what are you reading and blogging about today? I look forward to clicking on your links.