Tuesday Reads: Philippines Disaster, Economics News, and the Concern Troll Media

November snow1

Good Morning!!

Boy did I ever get a shock when I looked out my window this morning and saw a mix of snow and rain coming down outside. Noooooo! It’s way too early for winter weather. I hope this isn’t a sign of things to come.

Now that I’ve looked at this morning’s news from the Philippines, I’m ashamed to be complaining about a little bit of freezing rain. The disaster following Typhoon Haiyan is beyond belief. ABC News talked to a 19-year-old American woman who who survived the massive storm.

Rebecca Ruth Guy, 19, was living in the city of Tacloban, which bore the full force of the winds and the tsunami-like storm surges Friday. Most of the city is in ruins, a tangled mess of destroyed houses, cars and trees.

“When the storm hit, our apartment was flooding so we tried opening the door but the flooding was already rising up to our chest,” Guy told ABC News.

Faced with a life-and-death situation, Guy’s friend smashed the window so they could climb to the roof and escape the storm surge, which is being blamed for a large part of the destruction and death.

“We got out to the roof,” she said. “The rain was coming, the winds were crazy and it was getting cold. So we ended up sandwiching together and holding onto one another for warmth, praying for protection of the people.

“The most harrowing was when I saw women and children piled under tarpaulin, and when I saw dogs skewered on gates, cars thrown into buildings, people trying to find something to eat, water to drink,” she added.

According to the article, the U.S. sent planes to evacuate Americans living in the Philippines; other residents aren’t so fortunate.

CNN is reporting that 1,774 people are dead; but that number will continue to rise.

Cebu, Philippines (CNN) — Typhoon Haiyan has killed too many people to count so far and pushed to the brink of survival thousands more who have lost everything, have no food or medical care and are drinking filthy water to stay alive.

By Tuesday, officials had counted 1,774 of the bodies, but say that number may just be scratching the surface. They fear Haiyan may have taken as many as 10,000 lives.

The storm has injured 2,487 more since it made landfall six times last Friday, the government said. It has displaced at least 800,000 people, the U.N. said Tuesday.

Unfortunately a new storm and an earthquake have hindered rescue efforts.

As authorities rush to save the lives of survivors four days after Haiyan ripped the Philippines apart, a new tropical low, Zoraida, blew in Tuesday delivering more rain, the Philippine national weather agency PAGASA reported.

Zoraida is not a strong storm, but has dumped just under four inches of rain in some places, CNN meteorologists say….

An earthquake also rattled part of the affected area. The 4.8 magnitude temblor shook San Isidro Tuesday, the U.S. Geological Survey reported.

Here are a few more links about the storm and its aftereffects:

An aerial view of a coastal town in Samar province on Monday, Nov. 11. (REUTERS/Erik De Castro)

An aerial view of a coastal town in Samar province on Monday, Nov. 11. (REUTERS/Erik De Castro)

The Week: The terrible destruction of Typhoon Haiyan. This one has a number of shocking photos like the one to the left.

CNN: How it happened: Tracing Typhoon Haiyan’s havoc in the Philippines (lots more photos at this link)

NPR: WHO Rates Typhoon’s Medical Challenges ‘Monumental’

NPR: ‘It Looks Like A 50-Mile Wide Tornado’ Hit The Philippines

CTC News: Typhoon Haiyan: Before and after photos of storm’s damage

In other news, here’s one that will interest Dakinikat: Obama to Tap Treasury Official as Top Derivatives Regulator. From The New York Times Dealbook blog:

President Obama will nominate Timothy G. Massad as the new chairman of the Commodity Futures Trading Commission on Tuesday, a White House aide said, choosing the senior Treasury Department official to run an agency that polices some of Wall Street’s riskiest activity.

If confirmed by the Senate, Mr. Massad will succeed Gary Gensler, a former Goldman Sachs banker who overhauled the agency in the wake of the financial crisis. Mr. Gensler, credited with turning one of Wall Street’s laxest regulators into one of its most aggressive, must leave office at the end of the year when his term officially expires.

Mr. Massad, an assistant secretary of the Treasury who oversaw the unwinding of the government’s bailout program stemming from the financial crisis, would join the agency as it undergoes a makeover.

Bart Chilton, the agency’s most liberal commissioner, announced last week that he would soon depart. David Meister, the enforcement director who led actions against some of the world’s biggest banks, departed the agency last month. And Jill E. Sommers, a Republican commissioner, left months ago.

The vacancies have raised the stakes for Mr. Massad’s nomination. If Mr. Chilton and Mr. Gensler depart before their successors are confirmed, the five-member commission will be down to just two members: one Republican, Scott D. O’Malia, and one Democrat, Mark Wetjen.

That would not be good. I know Dakinikat is busy today, but here’s another article for her to weigh in on if she has time: Confessions of a Quantitative Easer. From Andrew Huszar at the Wall Street Journal:

I can only say: I’m sorry, America. As a former Federal Reserve official, I was responsible for executing the centerpiece program of the Fed’s first plunge into the bond-buying experiment known as quantitative easing. The central bank continues to spin QE as a tool for helping Main Street. But I’ve come to recognize the program for what it really is: the greatest backdoor Wall Street bailout of all time.

Five years ago this month, on Black Friday, the Fed launched an unprecedented shopping spree. By that point in the financial crisis, Congress had already passed legislation, the Troubled Asset Relief Program, to halt the U.S. banking system’s free fall. Beyond Wall Street, though, the economic pain was still soaring. In the last three months of 2008 alone, almost two million Americans would lose their jobs.

The Fed said it wanted to help—through a new program of massive bond purchases. There were secondary goals, but Chairman Ben Bernanke made clear that the Fed’s central motivation was to “affect credit conditions for households and businesses”: to drive down the cost of credit so that more Americans hurting from the tanking economy could use it to weather the downturn. For this reason, he originally called the initiative “credit easing.”

Huzar claims that Janet Yellen will likely continue Bernanke’s policies.

Even when acknowledging QE’s shortcomings, Chairman Bernanke argues that some action by the Fed is better than none (a position that his likely successor, Fed Vice Chairwoman Janet Yellen, also embraces). The implication is that the Fed is dutifully compensating for the rest of Washington’s dysfunction. But the Fed is at the center of that dysfunction. Case in point: It has allowed QE to become Wall Street’s new “too big to fail” policy.

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More pundits are joining the anti-Hillary ranks. According to The Hill’s Alex Bolton:

Liberal leaders want Hillary Clinton to face a primary challenge in 2016 if she decides to run for president.

The goal of such a challenge wouldn’t necessarily be to defeat Clinton. It would be to prevent her from moving to the middle during the Democratic primary.

“I do think the country would be well served if we had somebody who would force a real debate about the policies of the Democratic Party and force the party to debate positions and avoid a coronation,” said Roger Hickey, co-director of Campaign for America’s Future, an influential progressive group….

Clinton raised concern among the Democratic Party’s populist base when she recently accepted an estimated $400,000 from Goldman Sachs for two speeches.

Influential progressives wonder whether someone who accepted such a large sum from one of Wall Street’s biggest investment firms could be expected to hold corporate executives accountable if elected president.

They also wonder how aggressively she’d call for addressing income inequality, which many see as one of the biggest economic problems facing the nation.

That’s odd, since Obama ran to Hillary’s right in 2008 and received more contributions from Goldman Sachs and other Wall Street firms than either Hillary or John McCain. But let’s not get caught up in facts…

Politico has taken up the suggestion from Noam Scheiber at The New Republic that Dakinikat wrote about yesterday that Elizabeth Warren should run against Hillary. Concern trolls Ben White and Maggie Haberman write:

There are three words that strike terror in the hearts of Wall Street bankers and corporate executives across the land: President Elizabeth Warren.

The anxiety over Warren grew Monday after a magazine report suggested the bank-bashing Democratic senator from Massachusetts could mount a presidential bid in 2016 and would not necessarily defer to Hillary Clinton — who is viewed as far more business-friendly — for the party’s nomination.

And the fear is not only that Warren, who channels an increasingly popular strain of Occupy Wall Street-style anti-corporatism, might win. That is viewed by many political analysts as a slim possibility. It is also that a Warren candidacy, and even the threat of one, would push Clinton to the left in the primaries and revive arguments about breaking up the nation’s largest banks, raising taxes on the wealthy and otherwise stoking populist anger that is likely to also play a big role in the Republican primaries.

So what does Warren think about all this?

A spokesperson for Warren declined to comment on whether she would consider a presidential bid against Clinton, though Warren has previously said she has no plans to run. People close to Warren note that she signed a letter from female Democratic senators urging Clinton to run in 2016. And Warren associates, mindful of any appearance of creating the narrative of a Warren-for-president campaign, have corresponded with Clinton associates to stress that they didn’t fuel the New Republic story by Noam Scheiber.

Assholes. Hey, I have an idea–why not get Kirstin Gillibrand to run against Hillary too? Of course Chris Cillizza is also rooting for Warren and Clinton to destroy each other’s chances to do anything positive about the economy:

Quick, name someone who would have a realistic chance of beating out Hillary Clinton for the 2016 presidential nomination. Martin O’Malley? Nope. Joe Biden? Maybe but probably not. Howard Dean. No way. There’s only answer to that question that makes even a little sense. And that answer is Elizabeth Warren.

And so on… bla bla bla… Don’t these idiots have anything important to write about? Like maybe jobs, children without food or health care, or the upcoming battle over the debt limit?

Thank goodness for TBogg at Raw Story: What if Elizabeth Warren went back in time and smothered Baby Hitler in his crib?

If you have been  perambulating about the internet these past few days, the above is exactly the kind of linkbait bullshit narratives that are being peddled by people who have wearied talking about President of New Jerseymerica Chris Christie or whether Rand Paul was the real life inspiration for the J.L. Borges short story, Pierre Menard, Author of the Quixote. It seems that frustrated  writers lacking hobbies have turned their lonely eyes to the Democratic side of the 2016 presidential election which is just around the corner, if by corner, you mean: three years from now. But with Hilary “Killary” Clinton pretty much chillaxing with the nomination ripe for the taking (providing she doesn’t rehire Mark Penn, aka The Man Who Could Fuck Up A Baked Potato) there isn’t a whole lot of  tension the likes of which you can find on a daily basis on the Republican Wingnut Flavor of the Week side.

So naturally, Noam Scheiber felt obligated to create some Democratic conflict. T-Bogg responds:

I love Elizabeth Warren. I would totally have her baby if she would have me. You love Elizabeth Warren. We all love Elizabeth Warren. Someday Elizabeth Warren t-shirts may very well become as ubiquitous as Che T’s. But, outside of the hazy crazy patchouli-scented fever palaces that are the comment sections of the manic progressive websites, nobody really thinks that Warren could, would, or should run an insurgent primary campaign against Clinton. And, to be quite frank, those who think Warren should run to in order to “start a conversation” are the  kind of people who have attempted this kind of thing in the past and , as my grandmother used to put it, “don’t have dick to show for it”.

Read his replies to Politico and Cillizza at the link. BTW, I wrote comment before I discovered T-Bogg’s piece. Great minds think alike, but T-Bogg expressed my reactions so much better than I could.

That should be enough to get us started on the day’s news. What stories are you following? Please post your links in the comment thread and have a terrific Tuesday!


Tuesday Reads: Crime and Movies, Obama’s Second Term, How the Wisconsin Uprising Got Hijacked, and Other News

Good Morning!!

I’ve got a selection of interesting reads for you today.

Late last night, the top story on Google news was this:

Coroner rules dingo to blame for Australian baby’s death.

A coroner ruled Tuesday that a dingo, a wild dog native to Australia, caused the death of a baby more than 30 years ago.

Azaria Chamberlain was just two months old when she disappeared from a tent during a family holiday to Uluru, also known as Ayers Rock, sparking one of the country’s most sensational and enduring murder mysteries.

“The cause of her death was as the result of being attacked and taken by a dingo,” Elizabeth Morris, coroner for Northern Territory, announced to Darwin Magistrates court early Tuesday. “Dingos can and do cause harm to humans.”

The girl’s mother, Lindy Chamberlain-Creighton, long maintained that a dingo took her baby, even as she was sentenced to life in jail for daughter’s murder, a conviction that was later quashed.

Meryl Streep played Lindy in a movie about the case, A Cry in the Dark.

The movie was satirized in a Seinfeld episode.

Seriously, though, I’m glad that Lindy has finally received justice.

Another long-ago crime story has been in the news: the mysterious escape from Alcatraz by three convicts 50 years ago yesterday, June 11, 1962.

Fifty years ago, on the night of June 11, 1962, the three convicts were locked down as usual. Guards walking the tier outside their cells saw them at 9:30 and checked on them periodically all night, looking in at the sleeping faces, hearing nothing strange. But by morning, the inmates had vanished, Houdini-like.

Guards found pillows under the bedclothes and lifelike papier-mâché heads with real hair and closed, painted eyes. Federal agents, state and local police officers, Coast Guard boats and military helicopters joined the largest manhunt since the Lindbergh baby kidnapping in 1932, scouring the prison complex on Alcatraz Island, the expanse of San Francisco Bay and the surrounding landscape of Northern California.

A crude raft made of rubber raincoats was found on a nearby island. But the fugitives were never seen again. Federal officials said they almost certainly drowned in the maelstrom of riptides, undertows and turbulent, frigid waters of the 10-mile-wide bay, their bodies probably swept out to sea under the Golden Gate Bridge.

But for aficionados of unsolved mysteries, the fantasy that Frank Lee Morris and the brothers Clarence and John Anglin had successfully escaped from the nation’s most forbidding maximum security prison and are still alive, hiding somewhere, has been a tantalizing if remote possibility for a half-century now.

The escapees would be in their 80s if they are still alive. According to this NPR story, there was a legend that they would meet again at the prison on the 50th anniversary of their escape. Believe it or not, U.S. Marshalls were there to meet them just in case. I haven’t heard of any old men being captured yet, but I’m writing this at 11:30PM, so I guess it could still happen.

Fifty years ago, three men set out into the frigid waters of the San Francisco Bay in a raft made out of raincoats. It was one of the most daring prison escapes in U.S. history.

As one newsreel put it: The spoon proved “mightier than the bars at supposedly escape-proof Alcatraz prison.”

“Three bank robbers serving long terms scratched their way through grills covering an air vent, climbed a drainage pipe and disappeared from the forbidding rock in San Francisco Bay,” the report continued.

The men — Frank Morris and two brothers, John and Clarence Anglin — were never seen again. It was a brilliant plan, carried out with meticulous care and patience, but with such an unsatisfying ending. Did they make it? Or are they, as most people assume, at the bottom of the bay?

The legend has always held that if the men are alive, they will return to Alcatraz on the 50th anniversary of their breakout. There’s little chance that’s going to happen. But the anniversary is Monday, and I’m headed to the island to see if they show up. The U.S. Marshals say they will be there, too.

There have been a number of movies made about the daring escape. Clint Eastwood made a good one.

In political news, I’ve got a couple of long reads for you.

Ryan Lizza has a piece in The New Yorker about Obama’s second term: What would Obama do if reelected? In case you don’t want to plow through the whole thing, Atlantic Wire has a Reader’s Digest version: Obama’s Advisers Want You to Know He’ll Be a Lame Lame Duck President

If The New Yorker’s Ryan Lizza is right, we might be in for four more years of compromise on things like climate change and nuclear proliferation. Lizza has an article this week forecasting Obama’s second term, or rather, what Obama’s advisers want you to know about the President’s second term.

Don’t expect much. Obama and his team aren’t revealing their cards on the pressing issues like the economy (Lizza mentions there’s time for one big policy change) or inflammatory issues like same-sex marriage. And their lack of specifics about the President’s second term has been a story in itself, especially when contrasted with Mitt Romney who has already imagined his first days in the White House. As Lizza reports, the message that the president’s team wants out there is that Obama will be banking on bipartisan support (a word that’s peppered the president’s first term) to maybe get things done in the short time he has.

It sounds a lot like the first term.

At TomDispatch, Andy Kroll has a lengthy article about how Wisconsin was hijacked.

The results of Tuesday’s elections are being heralded as the death of public-employee unions, if not the death of organized labor itself. Tuesday’s results are also seen as the final chapter in the story of the populist uprising that burst into life last year in the state capital of Madison. The Cheddar Revolution, so the argument goes, was buried in a mountain of ballots.

But that burial ceremony may prove premature. Most of the conclusions of the last few days, left and right, are likely wrong.

The energy of the Wisconsin uprising was never electoral. The movement’s mistake: letting itself be channeled solely into traditional politics, into the usual box of uninspired candidates and the usual line-up of debates, primaries, and general elections. The uprising was too broad and diverse to fit electoral politics comfortably. You can’t play a symphony with a single instrument. Nor can you funnel the energy and outrage of a popular movement into a single race, behind a single well-worn candidate, at a time when all the money in the world from corporate “individuals” and right-wing billionaires is pouring into races like the Walker recall.

Colin Millard, an organizer at the International Brotherhood of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, admitted as much on the eve of the recall. We were standing inside his storefront office in the small town of Horicon, Wisconsin. It was night outside. “The moment you start a recall,” he told me, “you’re playing their game by their rules.”

Check it out. It’s well worth the read.

In other news,

Yesterday the Supreme Court declined to hear appeals from some detainees at Guantanamo. At Mother Jones, Adam Serwer asks: Did the Supreme Court Just Gut Habeas Rights?

The Supreme Court’s decision on Monday not to hear appeals from a group of Gitmo detainees leaves the remaining 169 detainees at the facility with little chance of securing their freedom through US courts.

In the 2008 case Boumediene v. Bush, the Supreme Court ruled detainees at Gitmo could challenge their detention in US courts. That decision was seen as effectively ending the Bush administration’s attempt to carve out a legal black hole for suspected terror detainees. Shortly thereafter, Gitmo detainees began appealing their detentions—and frequently winning in court. But in the years since the decision, conservative judges on the DC Circuit have interpreted the law in a way that assumes many of the government’s claims are true and don’t have to be proven in court. By not taking any of these cases, the Supreme Court has ensured these stricter rules will prevail. Civil-libertarian groups say that essentially leaves detainees at Gitmo with habeas rights in name only, since the rules make it virtually impossible for detainees to win in court. A Seton Hall University School of Law report from May found that, prior to the DC Circuit’s reinterpretation of the rules, detainees won 56 percent of cases. Afterwards, they won 8 percent.

The march toward fascism continues. In other cheery news, a new Federal Reserve report says that the “Great Recession erased nearly 40% of family wealth.”

The Great Recession took such a heavy toll on the economy that the typical American family lost nearly 40% of its wealth from 2007 to 2010, shaving the median net worth to a level not seen since the early 1990s.

The Federal Reserve said in a new report Monday that median family net worth, the point smack in the middle of those richer and poorer, fell to $77,300 in 2010 from $126,400 three years earlier after adjusting for inflation.

The fall came with the collapse in the housing market and massive layoffs that slashed people’s incomes, and the pain was felt by families across the board — young and old, well-educated and less so, with children or not.

But the biggest impact was felt by young middle-age families, those headed by people ages 35 to 44. For this group, the median net worth — total assets minus debts — fell a whopping 54% in the three-year period to $42,100 in 2010. Such was their financial hardships that only 47.6% of these families said they had saved money in 2010; that was the lowest among all age groups, where an overall average of 52% of families saved some money that year.

Senator Carl Levin (D-Michigan) is “‘worried’ by influx of dark money” in the 2012 election because of the Citizen’s United decision.

“The thing that worries me frankly the most is the huge amount of hidden money which is going to get into — it already is in — the Romney campaign,” he said on Current TV’s War Room.

“The Super PAC money worries me. The fact that Mr. Romney will not disclose who is bundling his money, he is keeping that secret as well… It’s bad enough that we have these unlimited amounts of money that go into Super PACs.”

Levin says that Congress could force SuperPacs to reveal the names of donors, but so far the Republicans have blocked his bill to do that.

At The Daily Beast, Peter Beinart asks why Bashar al-Assad isn’t on President Obama’s “kill list.” After all, he claims the right to kill just about anyone in the name of terrorism. If Assad isn’t a terrorist, who is?

Fine, you say, but there’s an executive order against assassinating heads of state. That’s true, but we don’t exactly abide by it. During the Cold War, the United States helped orchestrate coups that led to the deaths of South Vietnam’s Ngo Dinh Diem and Chile’s Salvador Allende. The Bush administration launched the 2003 Iraq War with a decapitation strike aimed at killing Saddam Hussein. And whether or not the United States had a hand in Muammar Gaddafi’s death last fall, it was the predictable—and perhaps desired—result of the war we launched.

But doesn’t assassinating foreign leaders set a worrisome precedent? If we can kill Bashar al-Assad, what’s to stop the Syrian government from trying to kill Barack Obama? We might ask the same question about the sanctions we impose and the wars we launch. The point is that the U.S. violates other countries’ sovereignty in all kinds of ways we wouldn’t appreciate if they did it to us. And the reason they don’t is not because they lack a precedent; it’s because they lack the power.

I’m speechless.

So what is on your reading list today?


Broken Windows And The Stealing Of Hearts

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


William Black Goes Ballistic

I’ve been reading William Black’s essays and posts, watching his video interviews and You Tube presentations, ever since I saw him on Bill Moyers Journal speaking frankly, no holds barred, about how the financial industry had brought the country to its knees and gotten away with it.  He spoke frankly again during his Congressional testimony last year when he came right out and called the mortgage debacle that nearly finished the US economy . . . fraud.  Yes he used the ‘f’ word!  This was unlike other ‘experts’ who insisted there was no inkling of trouble on the horizon, that the financial meltdown was ‘an act of the economic gods,’ a huge surprise, the product of overly optimistic financial predictions.

No, Black said.  It was fraud.  It was criminal.  In case you missed that testimony, you can watch below.  It’s worth a second go-around.

Too bad Black’s comments were basically ignored, caught up in the razzle-dazzle of excuses, half-truths and political posturing that’s become all too familiar to anyone paying attention.  Business as usual is still the acceptable mantra.  In case, you’ve forgotten [time flies when we’re having so much fun], William Black headed Poppy Bush’s forensic audit team during the S&L scandal, which ultimately led to 1000 elite felony convictions.

Black’s investigative team wasn’t kidding around.

William Black came out yesterday morning with his own take on President Obama’s SOTU announcement of a Task Force [The Let’s Try It Again Task Force], quoting POTUS:

And tonight, I am asking my Attorney General to create a special unit of federal prosecutors and leading state attorneys general to expand our investigations into the abusive lending and packaging of risky mortgages that led to the housing crisis. This new unit will hold accountable those who broke the law, speed assistance to homeowners, and help turn the page on an era of recklessness that hurt so many Americans.

Black suggests we look at the wording, the avoidance of using the ‘f’ or ‘c’ word.  That would be fraud and criminal.  His response to this and Eric Holder’s follow up memorandum:

The working group will not “investigate … abusive lending” and it will not “hold accountable those who broke the law … [by defrauding] homeowners.” It will not “speed assistance to homeowners.” It will not “turn the page on an era of recklessness” – and fraud, not “recklessness” is what prosecutors should prosecute. The name of the working group makes its crippling limitations clear: the Residential Mortgage-Backed Securities Working Group. Attorney General Holder’s  memorandum about the working group makes clear that the name is not misleading. The working group will deal only with mortgage-backed securities (MBS) – not the fraudulent mortgage origination that drove the crisis (the only exception is federally insured mortgages).

Clearly, he’s not impressed.  No, instead he’s disgusted and enraged.  In fact, the essay nearly jumps off the page with genuine anger.  He goes on to say:

The working group is a symbolic political gesture designed to neutralize criticism of the administration’s continuing failure to hold accountable the elite frauds that drove the crisis. Neither the Bush nor the Obama administration has convicted a single elite fraud that drove the crisis. This is a national disgrace and represents the triumph of crony capitalism. Remember that the FBI warned in September 2004 that there was an “epidemic” of mortgage fraud and predicted that it would cause a financial “crisis.” There are no valid excuses for the Bush and Obama administrations’ failures. The media have begun to pummel the Obama administration for its failure to prosecute. The administration could not answer this criticism with substance because it has nothing substantive to offer in prosecuting elite mortgage origination frauds. The ugly truth is that we are three full years into his presidency and Holder could not find a single indictment to bring that Obama could brag about in his SOTU address. Who doubts that Holder and Obama would have done so if they had anything in the prosecutorial pipeline? Why do Holder and Obama have nothing in the pipeline?

One of the other things that deeply disturbs Black is President Obama’s willingness to play politics in this matter, float the gambit of the Task Force /Working Group and the reputation of Eric Schneiderman to create the appearance of a genuine hands-on effort.  But this move is not genuine as far as Black is concerned and contradicts the very essence of President Obama’s SOTU address, conjuring up the Seal Team that took out Osama Bin Laden—a team effort, concentrating on the mission.

This is no more than vulgar propaganda, Black claims.

He also refers to a disclosure made by Scot Paltrow for Rueters 10 days ago, revealing that US Attorney General Eric Holder and Lanny Breuer, heading the DOJs criminal division [also a co-chair of the ‘Let’s Try It Again Task Force], had been partners at Covington and Burling, a well-established and well-heeled law firm that represented many of the largest banks, providing cover for their clients through key arguments on the MERS debacle.

Conflict of interest anyone?

The state Attorney Generals?  They were lobbyied, leaned on, even offered [as was the case of AG Kamala Harris, CA] $8 billion to assist damaged California homeowners in a bid to agree to the original deal, which would have offered the big banks immunity from liability.  All so the President could announce ‘a deal’ in his State of the Union address, even though homeowners would be left out to dry and bank executives, who led deliberate “accounting control frauds,” could continue their conduct with absolute impunity.

This is ugly, made all the uglier in that it was sanctioned through and by the White House.  Black suggests that Eric Schneiderman recognized the leverage he had, agreed to join the Task Force as a co-chair with the stipulation that the original deal be modified, specifically concerning civil liability in mortgage origination fraud.

This might explain Jamie Dimon’s whine last Friday, pouting and claiming bankers are the objects of unfair discrimination.  Really?  Here’s the average American’s response:

Of course, you would think that this mess would be a window of opportunity for Republicans in an election year.  What an incredible club to use on President Obama to win the WH, maybe the House and the Senate by gargantuan majorities.

No fear there because for every compromised Democrat there is an equally compromised Republican.  Both the Democrats and Republicans rely heavily on campaign contributions from the financial sector.  Neither side is willing to cut their bankers [crooked or not] off at the knees.

What to do?  What better reason to support any and all actions to get money out of the political arena.  Until we do?  The world belongs to the highest bidder.


The Revolution Will Not Be Televised

Nor apparently will it be discussed or reported in anything but negative terms.  Take a quick spin over to Memeorandum’s page.  The Portland Occupy group is fighting off cooties [head and body lice].  According to the New York Post, Zuccotti Park has devolved into anarchy, a mad den of rapists, vigilantes and wild men demanding free food at McDonalds. Occupy protesters, anti-capitalists all, are beating up elderly women, according to another reasoned report. The Sun Journal leads with the headline: The Lawless Heart of Occupy Wall St. , and then questions the legitimacy of a group that “would interrupt the flow of commerce” in a time of recession [referencing the Oakland port takeover last Wednesday]. And then, there’s the repeating, oh so familiar meme: the protesters are a bunch of Leftist radicals, dedicated to the overthrow of democracy.

Did I mention that they’re all hippies?

What we’re not seeing on the television is this:

War Veterans.  These are our men and women who are deified in the press, while shedding blood [frequently their own] in wars of no end and seemingly no point. What are their prospects once home?  Not good.  Not good at all.  According to US News:

And a Department of Labor report shows that unemployment tops 20 percent among 18-to-24-year-old veterans, compared to a national rate of about 9 percent.

Veteran unemployment is projected to worsen after 10,000 servicemen and servicewomen return from Afghanistan and 46,000 come home from Iraq by year’s end — many wounded or suffering from mental trauma.

Nor do we see much of this:

Hummm.  Not enough dirty hippies in the group, I guess. This was the “Surround the White House Action,’ to protest the Keystone Tar Sands Pipeline yesterday.  Crowd estimate?  Around 10,000.

We’ve certainly had full coverage on the violence last Wednesday, in the waning hours of the General Strike in Oakland.  The bonfires, the group in black hoodies breaking windows, spray-painting walls, the suggestion that civilization was about to end.  But I haven’t seen much coverage of this recent incident [although I see Dak picked this up in the Morning Reads]:

While filming, the cameraman was shot with a rubber bullet. It appears that taking photographs of the Oakland PD is a criminal and/or a violent act, requiring defensive action.

But here’s the thing.  Images like this:

Aren’t terribly different from this:

The first is from Occupy Oakland.  The second is from the Civil Rights Movement of the 1960s. And if you flip through images of the 1930 Labor protests, the similarities are there as well—people coming together, voicing grievances, demanding resolution.  Movements demanding social and economic justice have never been neat and tidy.  Nor short.  Not in the 60s, not in the 30s.  And not now.

So, the song is prophetic.  The Revolution will not be televised. No re-runs, brother. It will be live–growing, evolving.  For better or worse, morphing into what it will become.

Or not.