Friday Afternoon Baby Animals Open Thread

Good Afternoon!

I just learned that Dakinikat is under the weather today, so I’m going to pull together some reading material for discussion. Here are some of the stories I’ve been reading today.

Of course there are lots of horrible articles about Trump and his efforts to destroy our country. On of the ways he’s doing that is by encouraging people who like to shoot guns. For that reason, and because it’s such an important story, I want to begin with a long piece at The Washington Post about a school shooting and its after-effects. I’ll post the beginning of the story. Please follow the link to read the rest. It’s powerful and important.

Recess had finally started, so Ava Olsen picked up her chocolate cupcake, then headed outside toward the swings. And that’s when the 7-year-old saw the gun.

It was black and in the hand of someone the first-graders on the playground would later describe as a thin, towering figure with wispy blond hair and angry eyes. Dressed in dark clothes and a baseball cap, he had just driven up in a Dodge Ram, jumping out of the pickup as it rolled into the chain-link fence that surrounded the play area. It was 1:41 on a balmy, blue-sky afternoon in late September, and Ava’s class was just emerging from an open door directly in front of him to join the other kids already outside. At first, a few of them assumed he had come to help with something or say hello.

Then he pulled the trigger.

“I hate my life,” the children heard him scream in the same moment he added Townville Elementary to the long list of American schools redefined by a shooting.

A round struck the shoulder of Ava’s teacher, who was standing at the green metal door, before she yanked it shut. But the shooter kept firing, shattering a glass window.

Near the cubbies inside, 6-year-old Collin Edwards felt his foot vibrate, then burn, as if he had stepped in a fire. A bullet had blown through the inside of his right ankle and popped out beneath his big toe, punching a hole in the sole of his Velcro-strapped sneaker. As his teachers pulled him away from the windows, Collin recalled later, he spotted a puddle of blood spreading across the gray wax tile floor in the hallway. Someone else, he realized, had been hurt, too.

Outside, Ava had dropped her cupcake. The Daisy Scout remembered what her mom had said: If something doesn’t feel right, run. She sprinted toward the far side of the building, rounding a corner to safety. Nowhere in sight, though, was Jacob Hall, the tiny boy with oversize, thick-lensed glasses Ava had decided to marry when they grew up. He had been just a few steps behind her at the door, but she never saw him come out. Ava hoped he was okay.

After reading this heartbreaking story, I want to just forget about our Trumpian nightmare for the rest of the day.

Of course the monster tweeted this morning after taking a long break from his social media addiction. He just can’t quit.

So now the pretend president has accused the former Director of the FBI of a felony–lying under oath.

Philip Bump at the Washington Post: There’s no indication Comey violated the law. Trump may be about to.

President Trump’s declaration that the Thursday testimony of former FBI director James B. Comey was a “total and complete vindication” despite “so many false statements and lies” was the sort of brashly triumphant and loosely-grounded-in-reality statement we’ve come to expect from the commander in chief. It was news that came out a bit later, news about plans to file a complaint against Comey for a revelation he made during that Senate Intelligence Committee hearing meeting, that may end up being more damaging to the president.

CNN and Fox first reported that Trump’s outside counsel, Marc Kasowitz, plans to file complaints with the inspector general of the Justice Department and the Senate Judiciary Committee about Comey’s testimony. At issue was Comey’s revelation that he provided a memo documenting a conversation with Trump to a friend to be shared with the New York Times.

As the news broke, I was on the phone with Stephen Kohn, partner at a law firm focused on whistleblower protection. We’d been talking about where the boundaries lay for Comey in what he could and couldn’t do with the information about his conversations with the president. Kohn’s response to the story about Kasowitz, though, was visceral.

“Here is my position on that: Frivolous grandstanding,” he said. “First of all, I don’t believe the inspector general would have jurisdiction over Comey any more, because he’s no longer a federal employee.” The inspector general’s job is to investigate wrongdoing by employees of the Justice Department, which Comey is no longer, thanks to Trump — though the IG would have the ability to investigate an allegation of criminal misconduct.

“But, second,” he continued, “initiating an investigation because you don’t like somebody’s testimony could be considered obstruction. And in the whistleblower context, it’s both evidence of retaliation and, under some laws, could be an adverse retaliatory act itself.”

Vox: Trump’s lawyer: Comey violated executive privilege. 10 legal experts: No, he didn’t.

After the public testimony of former FBI Director James Comey on Thursday, President Donald Trump’s personal lawyer, Marc Kasowitz, released a statement. In addition to being riddled with typos, it contained a curious legal argument.

Kasowitz contended that Comey broke the law by leaking memos about his private conversations with the president — what the statement called an “unauthorized disclosure of private information.”

The not-so-subtle implication here is that any and every conversation with the president is privileged, and therefore protected under the law. That’s a rather broad interpretation of executive privilege, and one that 10 legal experts disputed in interviews with Vox.

Executive privilege exists for a reason: to protect against the forced disclosures of classified or confidential executive branch communications. But here’s the problem: The conversations between Trump and Comey were not classified. Moreover, because the president himself has publicly referred to the conversations in question, he has already waived any claim for executive privilege. That Comey is now a private citizen also weakens the Kasowitz’s claim that he’s bound to secrecy.

There is, however, little settled law on the question of executive privilege. So I reached out to 10 legal experts and asked them if Kasowitz’s interpretation of executive privilege makes any sense. Every one of them said it doesn’t.

Read what the experts said at the Vox link.

The Atlantic: The Incompetence Defense.

During former FBI Director James Comey’s dramatic testimony before the Senate on Thursday, Republican senators settled on a pair of strange arguments for why President Trump hadn’t obstructed justice: He didn’t try very hard, or he was really bad at it.

Comey testified that the president asked Comey to shut down the FBI investigation into former National-Security Adviser Michael Flynn, who was ousted after lying about his contact with Russian officials, saying, “I hope you can see your way clear to letting this go, to letting Flynn go. He is a good guy. I hope you can let this go.” Comey testified that he took that statement as “direction.” Republicans weren’t convinced.

“Do you know of any case where a person has been charged for obstruction of justice or, for that matter, any other criminal offense, where they said or thought they hoped for an outcome?” Idaho Republican Jim Risch asked. Comey said he did not, but New York Times legal reporter Adam Liptak quickly found one such example.

Senator James Lankford of Oklahoma took a similar tack. “If this seems to be something the president is trying to get you to drop it,” Lankford said, “it seems like a light touch to drop it, to bring it up at that point, the day after he had just fired Flynn, to come back here and say, I hope we can let this go, then it never reappears again.”

Texas Senator John Cornyn, the number two Republican in the Senate, suggested that firing Comey after not shutting down the Flynn investigation proved Trump wasn’t trying to shut it down. “As a general proposition, if you’re trying to make an investigation go away, is firing an FBI director a good way to make that happen?” Cornyn asked Comey, who replied that “It doesn’t make a lot of sense to me but I’m hopelessly biased given that I was the one fired.”

David Gomez, a senior fellow at George Washington University’s Center for Cyber and Homeland Security and a former FBI agent, said he didn’t find that line of argument persuasive. “I failed to follow Cornyn’s logic. Especially given the public reasons for the firing,” Gomez said. “Firing the man in charge of the FBI—and replacing him with your own man—is exactly what I would expect if you were trying to impede an FBI investigation.”

Republican are at great pains to make excuses for Trump’s behavior. Paul Ryan even claimed it should be overlooked because Trump is new to politics. Do Congressional Republicans even give a sh$t about what happens to our democratic system? That was an academic question.

Matthew Yglesias argues that: The most important Comey takeaway is that congressional Republicans don’t care. Here’s a brief excerpt:

Republicans know something is wrong, but they don’t care

Ezra Klein rightly wrote yesterday that Trump’s presidency is an American crisis.

I would only add that it’s a political crisis. Anyone who has had any occasion to speak to Republican members of Congress or other pillars of the Washington conservative establishment knows they are perfectly aware that Trump is unfit to serve as president.

“Washington conservatives know that reporters are not making up these incredible quotes, or relying only on Democratic holdovers, or getting bits of gossip from the janitor,” as Megan McArdle put it in an excellent Bloomberg View column speaking as a member of the beltway right trying to address the grassroots right. “They know that the Trump administration is in fact leaking like a rusty sieve — from the top on down — and that this is a sign of a president who has, in just four short months, completely lost control over his own hand-picked staff.”

Over lunch, a right-of-center think tanker told me that during the transition his colleagues joked that in this administration, you’d rather get a job in a federal agency than a White House job — because that way you’d stay out of jail when the indictments come down.

But Republicans have decided they aren’t going to address this crisis situation. Instead, they are going to try to manage it in pursuit of the shared agenda of tax cuts, welfare state rollback, and deregulation of banks and polluters.

Anyway . . . what else is happening? Please share your thoughts and links in the comment thread below. 


Wednesday News

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Good Morning!!

I’m still excited by the demise of Eric Cantor’s last night. Suddenly it feels as if there’s hope the GOP will finally give up the ghost and either return to something approaching the political center or else go the way of the dodo bird. I’m going to get you started with some headlines, because I haven’t heard anything from JJ. I hope all is well in Banjoville.

Here are a few headlines on the Eric Cantor loss–many writers are referring to it in earthquake terms.

From CNN: Cantor ‘earthquake’ rattles Capitol Hill

In a year when mainstream Republicans have mostly bested tea party-backed challengers, a little-known and little-funded tea party challenger in Virginia’s 7th Congressional District pulled the upset of the year, defeating House Majority Leader Eric Cantor by 10 percentage points.

The victory by economics professor Dave Brat gives the tea party an instant jolt of energy, sends shock waves through Capitol Hill, shakes up the GOP House hierarchy — as Cantor was seen by many as the next speaker — and effectively kills any chance of immigration reform passing through the House any time soon.

“I think this is a scale eight earthquake. I think it will shock the Washington establishment; it will shock the House Republicans,” former House Speaker Newt Gingrich said.

In a year when mainstream Republicans have mostly bested tea party-backed challengers, a little-known and little-funded tea party challenger in Virginia’s 7th Congressional District pulled the upset of the year, defeating House Majority Leader Eric Cantor by 10 percentage points.

The victory by economics professor Dave Brat gives the tea party an instant jolt of energy, sends shock waves through Capitol Hill, shakes up the GOP House hierarchy — as Cantor was seen by many as the next speaker — and effectively kills any chance of immigration reform passing through the House any time soon.

“I think this is a scale eight earthquake. I think it will shock the Washington establishment; it will shock the House Republicans,” former House Speaker Newt Gingrich said.

Chris Cillizza: The seismic political consequences of Eric Cantor’s stunning loss.

The defeat of the second-ranking Republican in the House by an ill-funded, little-known tea party-backed candidate ranks as the biggest congressional upset in modern memory and will immediately generate a series of political and policy-related shock waves in Washington and the Richmond-area 7th District.

“People don’t know how to respond because it’s never been contemplated,” said one Virginia Republican strategist, granted anonymity to speak candidly about Cantor’s loss. (Worth noting: Cantor didn’t just lose. He got walloped; David Brat, his challenger, won 56 percent to 44 percent.)

In conversations with a handful of GOP operatives in the aftermath of Cantor’s loss —  a loss blamed largely on an inept campaign consulting team that misread the level of vitriol directed at the candidate due to his place in Republican leadership and the perception he supported so-called “amnesty” for illegal immigrants — there were several common threads about what it means for politics inside and outside the House.

Read Cillizza’s take on the reasons at the link.

Ben Jacobs at The Daily Beast: How Eric Cantor Sabotaged Himself.

The shock defeat of House Majority Leader Eric Cantor by college professor Dave Brat is the type of upset that audiences wouldn’t believe in a Disney movie. Perhaps the most cinematic twist is that, at least in part, Cantor did this to himself. A toxic mix of ignoring grassroots Republicans in his district and becoming a lightning rod on the controversial issue of immigration reform meant that a future Speaker of the House became a former congressman Tuesday night.

Cantor, the second most senior Republican in the House of Representatives, lost his primary Tuesday night to the largely unknown Tea Party candidate, who ran on an anti-immigration platform by a margin of 56-44.

Despite Cantor’s reputation as a strident partisan conservative nationally, his support for some form of immigration reform and ties to his party’s pro-business wing made him persona non grata among Tea Partiers and immigration hawks. Yet, his race never made it on the radar for most groups. While talk show host Laura Ingraham vocally condemned Cantor and Daily Caller writer Mickey Kaus beat the drum for Brat, few others on the right viewed the race as even potentially winnable.

The Boston Globe called attention to a map of the 74 (that’s right, 74!) school shootings that have taken place since Newtown. The map was designed by Gongloff.

 

Map shootings

That comes to 1.37 school shootings per school week! And that’s not counting the many other mass shootings that we’ve had and who knows how many accidental shootings of children. Isn’t it high time we did something about this bloodbath? More from the Globe:

Your gut feeling is right: School shootings have skyrocketed in recent years. In January 2013, the Ploychart blog tracked the number of American school shootings since 1979, using data from Jessie Klein’s book “The Bully Society.” Starting with three confirmed shootings in 1979, the number of shootings per year slowly swell, jumping to the upper single-digits in the late 80s and through the 90s.

The shootings actually dipped at the start of the new millennium, but skyrocketed in 2006. What was once the high-water mark for shootings in a year–nine–became the floor. In 2009, there were 18 school shootings. There were 16 in 2010 and eight in 2011.

Stein’s data ends in 2011. Everytown tracked 37 for 2013 and 37 so far in 2014. The Everytrown and Stein data sets don’t follow the same methodology, so they should not be viewed as one piece (meaning don’t just add the Everytown data to the end of the Stein data). Still, the trend is undeniably going in the wrong direction.

The way humans act sometimes, it kind of makes you wonder if we are really the smartest animals on Earth. Now check this out from C/NET: Chimps outsmart humans at simple strategy game.

Researchers at the California Institute of Technology have found that chimpanzees at the Kyoto University Primate Research Institute are consistently better at humans when playing simple competitive games.

In one game, called the Inspection Game, chimps and humans played a variation on hide-and-seek. In pairs of their own species (humans and chimps did not directly compete with each other for the study), the players sit back-to-back, each with a computer screen in front of them. After pushing a circle on the screen, they have to choose one of two boxes, right or left. They are then shown their opponent’s selection.

Each player has a different role. The “mismatchers” have to choose the opposite of their opponent’s selection, while the “matchers” have to choose the same as their opponent’s selection. Each game lasted 200 rounds, and players that “won” a round were given a reward. In order to consistently win, players had to be able to anticipate their opponent’s choices.

In game theory, there is a concept known as the Nash equilibrium. This means the balance that can be achieved when each player knows their opponent’s strategies, but has nothing to gain by changing their own strategy. The 16 Japanese students participating in the study performed as expected: slow to learn their opponents’ strategies, and not reaching the Nash equilibrium.

The six chimpanzees, however, learned the game and their opponents’ moves rapidly, very nearly reaching the Nash equilibrium, even when the researchers swapped the chimps’ roles and introduced higher rewards for specific choices. As the game changed, the chimps changed their strategies accordingly.

We’ve had an epidemic of school bus accidents lately, and there was a terrible on in Connecticut yesterday. From The Boston Globe: Crash of 2 School Buses Sends 20 Kids to Hospital.

TORRINGTON, Conn. (AP) — More than two dozen people were taken to hospitals with mostly minor injuries after a five-vehicle chain-reaction crash in Torrington involving two school buses and three other vehicles.

Police said a woman in one of the cars was flown to Hartford Hospital with serious injuries. Her condition wasn’t immediately released.

Police said a pickup truck ran into the back of the woman’s Jeep SUV at about 3:45 p.m. Tuesday, pushing it into the rear of a small school bus. The smaller bus then rear-ended the larger bus, and a third car also was struck.

Tim Lebouthiller, a spokesman for Charlotte Hungerford Hospital in Torrington, said the 20 children on the buses were treated and released. He said seven adults were brought to the hospital with non-life-threatening injuries, and most had been evaluated and released by mid-evening Tuesday.

What else is happening? I look forward to reading your thoughts and clicking on your links in the comment thread.


Saturday Reads: Newtown Anniversary, Normalizing Gun Violence, and Other News

Henri-Matisse-Painting-011 child reading

Good Morning!!

I spent yesterday preparing for Winter Storm Electra. I stopped by the hardware store to get ice melt crystals and then headed to the grocery store to drop off a prescription and a few things I’ll need in case I can’t get my car out of the driveway for a couple of days.

I had an appointment in the afternoon, and then I made a fruitless attempt to find a parking space in the giant Whole Foods parking lot in Cambridge. Then back to my regular grocery store to pick up my prescription and a few refrigerated items. The store was even more packed this time, so I was glad I had stopped earlier. Finally, I went home, to stash my purchases and scatter ice melt on the all the icy surfaces left over from Winter Storm Dion.

So now I’m in hibernation mode until Monday. I just hope I can handle the shoveling myself. The weather folks are predicting anything from 5 to 12 inches of snow for my area. It was 11 degrees here when I woke up and its only 12 degrees right now. It’s hard to believe it can even snow when it’s so cold. But the weather people say it’s going to snow. If it starts this afternoon, I plan to shovel before it gets dark–then there won’t be so much to do tomorrow. It’s way too early for this. It won’t even be officially winter until next week. Those of you in the Midwest are probably already getting the storm–how is it going there? Is it still cold down South? We can commiserate in the comments.

Now to the news. It’s hard to believe it’s been a year since Newtown, but today is the anniversary of that awful day. It still breaks my heart when I think about it. I can’t even begin to imagine the pain of the families who lost children. From CNN:

Horror struck Newtown, Connecticut, in such a disturbing way that the nation still struggles with its impact a year later.

The legacy of the second-deadliest mass shooting in U.S. history is so profound that it cannot hold just one meaning. It holds several. That’s because the crime itself conveys multiple issues in its summary:

A mentally ill 20-year-old recluse obsessed with school shootings enters Sandy Hook Elementary School after the morning bell and kills six adult women, 12 girls and eight boys in 11 minutes. The children were 6 or 7 years old. The heavily armed Adam Lanza, who first killed his mother before taking her car to the school, also killed himself, in a classroom.

On the anniversary of the December 14 slaughter — under the shadow of another school shooting, this time at Arapahoe High School in Centennial, Colorado — country and community alike pause and reflect on an event known simply as “Newtown” or “Sandy Hook” and what it says about America on the matters of guns, mental health, healing, and the human spirit.

Henri Matisse-324684

A whole year after the slaughter of 20 first-graders and 6 adults, and our do-nothing Congress has done exactly nothing to control the purchase of weapons of war for everyday use. CBS News reports:

Not a single federal law curbing gun violence has passed in the year since a young man from Newtown, Conn. who’d long exhibited signs of mental instability got a hold of his mother’s AR-15-style Bushmaster rifle and two of her handguns and gunned down 20 first-graders and six of their educators at Sandy Hook Elementary School before taking his own life.

Capping a year that saw the most mass shootings in U.S. history, Newtown seemed to mark a turning point in national conversation about gun control. Within a month of the shooting, President Obama – promising to make the issue a hallmark of his second-term agenda – had signed several executive orders to make schools safer and gun purchases more transparent. But real reform, he said, would require bipartisan backing from lawmakers on Capitol Hill.

Six months after the Dec. 14, 2012 tragedy, Sen. Joe Manchin, D-W.Va., insisted the push for tougher gun laws and bolstered support for mental health in America was “still on the front burner.” But foundation for that statement was flimsy.

Manchin’s own amendment to strengthen background checks for gun purchases – co-sponsored by Sen. Pat Toomey, R-Pa., and seen by many in Congress to be the most realistic hope for immediate reform to gun laws – had collapsed in the Senate two months earlier. Senate Majority Leader Harry Reid, D-Nev., had “hit pause” on debate over firearms altogether, pulling the legislation from the floor indefinitely.

The emotions surrounding Newtown, it seemed, were no longer driving the conversation about gun control.

Is anyone really surprised that something a huge majority of Americans support cannot get through Congress? Of course not. We can’t even get them to stop hurting the economy with their obsessive and idiotic push for unnecessary austerity. We should turn every one of them out of office–Democrats and Republicans and start from scratch.

And is anyone shocked that there was another school shooting the day before this horrible anniversary? Why should we be? Our so-called leaders don’t seem to care how many children die so they can keep getting donations from the NRA. A couple of stories on the shooting in Colorado.

matisselike portraits by kids

Denver Post as of last night: Shooting at Arapahoe High School, 1 girl in critical condition, gunman dead.

A student carried a shotgun into Arapahoe High School, asked where to find a specific teacher and then opened fire on Friday, Arapahoe County Sheriff Grayson Robinson said. He shot a fellow student in the head before apparently killing himself.

A 15-year-old girl was reported in critical condition after undergoing surgery. Two other students were treated and released from a hospital for non-gunshot injuries.

The gunman, identified as 18-year-old Karl Pierson, was found dead inside a classroom from an apparent self-inflicted gunshot wound, Robinson said. Authorities believe he acted alone.

Robinson said authorities are investigating reports that Pierson may have been motivated by revenge against the teacher following a disagreement….Fellow classmates described the gunman as a bright student and a gifted debater whose family attended Bible study meetings.

A little more from USA Today:

The shootings — on the eve of the anniversary of the Newtown school massacre, in which 20 students and six staffers were murdered — sent scores of terrified students and staffers at Centennial’s Arapahoe High School scurrying at about 12:30 p.m. Police and other first responders quickly mobilized to surround the 2,220-student school.

A 15-year-old girl suffered a gunshot wound and was reported in critical condition at a Littleton hospital Friday evening.One other student suffered minor gunshot-related injuries and was released from the hospital hours later, authorities said. Arapahoe County Sheriff Grayson Robinson said Friday night that another girl taken to a hospital was covered in blood from the other student, but wasn’t injured….

The gunman also brought two Molotov cocktails inside the school and exploded one, KUSA-TV reported. The other was found and removed by the bomb squad.

The incident unfolded when the armed student entered the west side of the school from a student parking lot. He told other students he was interested in confronting a specific teacher. “Word got around immediately,” Robinson said.

The teacher, informed of the situation, fled the building unharmed, said Robinson, who noted that the teacher’s decision to flee helped limit the potential carnage.

Our children are dying violently in this country, in places in which they should be safe–their schools and their homes. Why aren’t we doing anything to protect them? At an age when they should be concentrating on learning, developing social skills, and just having fun, our children are threatened by gun violence on a daily basis. What kind of nation allows this kind of slaughter to continue in the name of “second amendment rights” and greed? A few more links from around the ‘net:

Reuters: Obama marks Newtown school shooting anniversary with call for gun control

Star-Tribune Nation: In Newtown, a year of wrenching reminders

Mother Jones: Portraits of the Hundreds of Children Killed by Guns Since Newtown

Matthew Lysiak at The Guardian: We can no longer allow sick individuals like Adam Lanza to go on untreated

New York Daily News: Another year of the gun 

Gawker: What Kind of Monster Wants to Shoot Up His School? (highly recommended)

Matisse reading

In other news, 

Here’s a surprising story from Jonthan Turley’s blog: Federal Court Strikes Down Criminalization of Polygamy In Utah

It is with a great pleasure this evening to announce that decision of United States District Court judge Clarke Waddoups striking down key portions of the Utah polygamy law as unconstitutional. The Brown family and counsel have spent years in both the criminal phase of this case and then our challenge to the law itself in federal court. Despite the public statements of professors and experts that we could not prevail in this case, the court has shown that it is the rule of law that governs in this country. As I have previously written, plural families present the same privacy and due process concerns faced by gay and lesbian community over criminalization. With this decision, families like the Browns can now be both plural and legal in the state of Utah.  The Court struck down the provision as violating both the free exercise clause of the first amendment as well as the due process clause.   The court specifically struck down language criminalizing cohabitation — the provision that is used to prosecute polygamists.  The opinion is over 90 pages and constitutes a major constitutional ruling in protection of individual rights.

I just don’t know what to say about this, because I associate polygamy with the abuse of women and children. Am I a bigot? A couple more links:

Salt Lake Tribune: Federal judge declares Utah polygamy law unconstitutional

The Telegraph: ‘Sister Wives’ reality star wins legal fight against Utah anti-polygamy law

I haven’t been following the Robert Levinson story, but I will be from now on. Levinson has been missing in Iran for 7 years and has just been outed as a CIA operative. Links:

NYT: A Disappearing Spy, and a Scandal at the C.I.A.

ABC News: Family of Robert Levinson, American Held In Iran, Says He Was Spying for the CIA

The Register-Guard: White House declines to discuss missing American Robert Levinson’s CIA ties

Gawker: ABC, NYT Repeatedly Lied About CIA Operative Robert Levinson

Liberty Voice: Robert Levinson: Used by CIA, Forgotten by USA, Burned by Media, Left in Iran

WaPo: Sen. Bill Nelson: I told AP not to run Robert Levinson story

Those are my offerings today. What stories are you following? Let us know in the comment thread, and have a great weekend!


Tuesday Reads

autumn reading1

Good Morning!!

Is is just me or is there just about no important news coming out of Washington DC? We just finished with a horrible crisis in the government, and there’s another one coming up when Congress and the President have to deal with the continuing resolution and the debt ceiling once again. Yet there seems to be very little focus on dealing with this ongoing threat to the country’s ongoing well-being.

This silence on the economic situation makes me nervous. I suspect there’s a lot of planning and discussion behind the scenes on how those in power are going to convince the mass of Americans to give up our social safety net–they’re trying to figure out how to loot Social Security and Medicare.

I don’t think they’re going to be able to do it, because Americans are awake to the possibility now. As Dakinikat wrote yesterday, President Obama still dreams of a “Grand Bargain,” and so do many other powerful people like Pete Peterson, Alan Simpson, and lots of Republican and Democratic politicians. Just look at how Twitter responded when “Fix the Debt” tried to hawk its greedy plans on the social media site recently. Dakiniat wrote about that yesterday too.  So I guess I see the current silence on as the calm before the storm which will hit after all the politicians enjoy their long, relaxing Thanksgiving and Christmas vacations.

Meanwhile, the biggest political story at the moment is the apparent mess that the government made of the Obamacare website. I haven’t tried to get on the site myself, so I don’t really understand what the problems are. But the media is very focused on them. From what I can tell, the biggest problem seems to be that the site is too slow. Today’s Washington Post reports that the government was aware of the problems but went ahead with the site launch despite them.

Days before the launch of President Obama’s online health ­insurance marketplace, government officials and contractors tested a key part of the Web site to see whether it could handle tens of thousands of consumers at the same time. It crashed after a simulation in which just a few hundred people tried to log on simultaneously.

Despite the failed test, federal health officials plowed ahead.

When the Web site went live Oct. 1, it locked up shortly after midnight as about 2,000 users attempted to complete the first step, according to two people familiar with the project.

As new details emerged about early warning signs of serious deficiencies in HealthCare.gov, Obama on Monday gave a consumer-friendly defense of the health-care law, insisting that the problems many Americans have faced in trying to enroll in insurance plans will be fixed quickly.

“There’s no sugarcoating it: The Web site is too slow; people have been getting stuck during the application process,” he said at a White House event.

At the same time, he admonished Republican critics of the federal insurance exchange, saying that “it is time to stop rooting for its failure.”

Obama’s reaction to the problems isn’t getting good reviews, even from supposedly liberal journalists. At the Atlantic, Garrance Franke-Ruta called Obama “Insurance Salesman In Chief.

Of all the things Barack Obama ever expected to be during the course of his life, a television insurance salesman is probably not one of them.

But that’s the role he took on Monday morning in a Rose Garden speech pitching insurance through the Affordable Care Act’s online marketplaces and acknowledging for the first time just how troubled the website to access them is. His remarks failed to address many of the specific concerns raised byreporters and technologists about the gargantuan Healthcare.gov website, and he and provided no new information about what went wrong or how, specifically, it will be fixed.

Instead, his message was more like an infomercial designed for the general public: We know there are problems with the site and we are on it. Meanwhile, we’re offering a great product that will save you money, so keep on trying, even if it’s a little frustrating.

Young_Lincoln_By_Charles_Keck

On yesterday’s Morning Joe,

Washington Post healthcare reporter and commenter Ezra Klein pushed back against the administration’s reference to the problem as bugs and technical problems.“These aren’t glitches, the website, to a first approximation, simply isn’t working” Klein said on Monday’s Morning Joe. Early traffic problems that occurred when the site was overwhelmed by visitors on the first few days may have actually masked the public from the larger problems, he said, like garbled or false information being sent to insurers.

“No one beta-tested the site, which is almost criminal,” the Huffington Post’s Sam Stein said.

“They keep using the word unacceptable. It’s not unacceptable, it’s outrageous,” Mike Barnicle said.“This is the president’s singular achievement, and to be so reticent about the problems that have gone is kind of surprising.”

Politico criticized Obama’s “passive” response to the problems with the website:

Once again, Barack Obama risks looking like a bystander to his own presidency.

Here’s what he did to kick off the week: assemble a crowd in the Rose Garden to hear him repeat how “frustrated” he was about the many problems that plagued the launch of the Affordable Care Act’s website, promise that a “tech surge” was already on its way to set those problems right and implore people to bear with him until they see what the program can do.

Here’s what he didn’t do: explain why those problems weren’t addressed before the Oct. 1 launch, why he didn’t seem to be aware of them before they went very public, or who would be suffering the consequences for any of it. He didn’t apologize. He announced, in broad terms, who would be coming in to help. But he didn’t say anything about who would be shown the exits.

His “nobody’s madder than me” Monday echoed the kinds of statements he’s repeatedly made about problems over the last few months — “Americans are right to be angry about it, and I am angry about it” (the IRS scandal), “It’s not as if I don’t have a personal interest” (the NSA scandal), “This is not a world we should accept” (Bashar Assad’s use of chemical weapons). He puts himself forward as a man frustrated with what’s happened on his watch, promising change, insisting that nothing of the sort could ever happen again.

I have to agree. Obama’s passivity is one of the biggest complaints I have about his presidency–particularly in the way he has (or hasn’t) dealt with the economic crisis.

The New York Times reports that it will take “weeks of work” to fix the website problems, despite the fact that most of the problems have been identified.

In interviews, experts said the technological problems of the site went far beyond the roadblocks to creating accounts that continue to prevent legions of users from even registering. Indeed, several said, the login problems, though vexing to consumers, may be the easiest to solve. One specialist said that as many as five million lines of software code may need to be rewritten before the Web site runs properly.

“The account creation and registration problems are masking the problems that will happen later,” said one person involved in the repair effort.

Personally, I’m finding this all pretty depressing, because it was starting to look like the Democrats could retake the House in 2014. The Obamacare mess isn’t going to help that project.

Today, CNN reported the results of new new poll that found that: 75% say most Republicans in Congress don’t deserve re-election.

A CNN/ORC International survey released Monday also found a majority saying that the Republicans’ policies are too extreme. And according to the poll, Democrats have an 8-point advantage over the Republicans in an early indicator in the battle for control of Congress. But with more than a year to go until the 2014 midterm elections, there’s plenty of time for these numbers to change.

The poll was conducted Friday through Sunday, just after the end of the 16-day partial federal government shutdown that was sparked in part by an effort by House conservatives to dismantle the health care law, which is President Barack Obama’s signature domestic achievement.

A majority of those questioned blamed congressional Republicans for the government shutdown and said the President was the bigger winner in the deal to end the crisis.

The survey also found nearly eight in 10 saying the shutdown was bad for the country, and the standoff has led to a loss of confidence and satisfaction in government. And more than seven in 10 think that another shutdown is likely.

I hope Obama gets serious about fixing the Obamacare problems so Republicans can’t get up off the mat.

leaves books

Another big story in the news is the $13 billion penalty the Justice Department is seeking to get from JP Morgan Chase.

From Bloomberg: JPMorgan Guilty Plea Sought by Holder Shows Harder Stance.

JPMorgan Chase & Co. (JPM) Chief Executive Officer Jamie Dimon went to Washington almost a month ago to see if U.S. Attorney General Eric Holder would settle a criminal probe of mortgage fraud at the bank if it paid more money to resolve related civil investigations.

Holder’s team, which included Deputy Attorney General James Cole and Associate Attorney General Tony West, said ending the investigation by the U.S. attorney in Sacramento would require the bank to plead guilty to something, according to a person familiar with the talks, which were held in a conference room that was Robert F. Kennedy’s office when he had Holder’s job….

Later, the department proposed the bank plead guilty to making false statements related to sales of toxic mortgage bonds. The bank proposed a nonprosecution agreement, which Holder rejected, the person said. The bank agreed to assist the continuing criminal probe. The negotiation typifies the harder line the Obama administration is taking in its second term.

Well, that’s good news IMHO.

Holder’s refusal to let JPMorgan, the biggest U.S. bank, escape criminal liability for its mortgage-bond sales, and the move to extract penalties for wrongdoing that led to the financial crisis, may go a long way toward appeasing critics of the Justice Department who have been urging charges against bankers since the collapse of Lehman Brothers Holdings Inc. in 2008….

The effort began on orders from President Barack Obama, who promised in his 2012 State of the Union address to hold banks accountable for their role in helping trigger the deepest recession since the Great Depression. A mortgage task force of prosecutors and regulators set up to carry out the president’s mandate produced the record $13 billion deal, which requires a formal sign-off by both sides.

Great! Let’s hope Obama follows through. Another good sign is that The Wall Street Editorial page is up in arms about the settlement.

The tentative $13 billion settlement that the Justice Department appears to be extracting from J.P. Morgan Chase JPM +0.21% needs to be understood as a watershed moment in American capitalism. Federal law enforcers are confiscating roughly half of a company’s annual earnings for no other reason than because they can and because they want to appease their left-wing populist allies.

The settlement isn’t final and many details weren’t available on the weekend, but we know enough for Americans to be dismayed. The bulk of the settlement is related to mortgage-backed securities issued before the 2008 financial panic. But those securities weren’t simply a Morgan product. They were largely issued by Bear Stearns and Washington Mutual, both of which the federal government asked J.P. Morgan to take over to help ease the crisis.

So first the feds asked the bank to do the country a favor without giving it a chance for proper due diligence. The Treasury needed quick decisions, and Morgan CEOJamie Dimon made them in good faith. But five years later the feds are punishing the bank for having done them the favor. As Richard Parsons notes nearby, this is not going to make another CEO eager to help the Treasury in the next crisis. But more pointedly, where is the justice in such ex post facto punishment?

The WSJ complains that banks are being turned into “public untilities.” I think that’s exactly what they should be.

We’d like to see Mr. Dimon fight the charges, but the political reality is that he and his bank don’t have much choice. His board is eager to move on, and the government will only turn the screws harder if he resists. In a post Dodd-Frank world, banks are public utilities and no CEO can afford to resist the government’s demands.

The real lesson of the Morgan settlement isn’t that justice has finally been done to the perpetrators of the crisis. That would require arresting Barney Frank and those in Congress who blocked the reform of Fannie and Freddie, plus the Federal Reserve governors who created so much easy credit.

Hahahahahahahaha!! The oligarchs don’t like it much when the shoe is on the other foot, do they?

I’m already running out of space, so here are a few more headlines link dump style:

CBC News: U.S. drone strikes break international law, report finds

Rolling Stone: U.S. Drone Strikes Violate Laws of War

CBS News: Sparks Middle School student: Gunman said “you ruined my life and now I’m going to ruin yours”

WaPo: Economy added 148,000 jobs in September, jobless rate fell to 7.2 percent

What’s the deal with Facebook?

BBC News: Facebook lets beheading clips return to social network

MacLeans: Facebook now allows teens to post public updates

Time: Keeping Teens ‘Private’ on Facebook Won’t Protect Them

Now it’s your turn. What stories are you following today? Please share your links in the comment thread.


Saturday Reads: The Gun Lobby and Bad-Faith Negotiations

some monsters are real

Good Morning!!

I had a tough time sleeping last night. The past couple of days’ political events have been so surreal that it feels like there’s a disturbance in the force, so to speak. I couldn’t stop thinking about that bizarre NRA press conference yesterday and the way Wayne LaPierre talked about the need for more guns in our schools while at the same time a man in Pennsylvania was “randomly” shooting and killing people and grieving families were holding funerals for first graders and school teachers and administrators in Connecticut.

If only we had a responsible mainstream media. But that’s not going to happen either. Early this morning I heard CNN reporting on Americans who are rushing out to buy more guns because they’re afraid there will suddenly be gun control laws to stop them. A man in Georgia was who was interviewed was remarking on the high cost of AR-15’s right now, because so many people want to stock up on them. He was at the store because he had long wanted one of these and was no afraid he soon wouldn’t be able to get one. The interviewer asked if he would pay the high price, and he said, “I probably will.”

Here are some more intelligent reactions to Wayne LaPierre’s so-called press conference, at which the press couldn’t ask questions.

The New York Daily News: NRA’s Wayne LaPierre was America’s mad gunman in first comments after Newtown school massacre

A week after a gunman armed with an assault rifle murdered 20 children and six adults at Sandy Hook Elementary School in Connecticut, and ever so shortly after the bells there tolled for the dead, LaPierre lashed out at everyone and everything but the weapons that were used to kill.

Still worse, in his arrogance and in his sense that terrible forces are out to get him, LaPierre was callous to the raw agony of the families of the slain. The hell with them — he made clear that he will fight to maintain the easy availability of assault weaponry of the kind that killed their kids.
He flayed the news media for supposedly perpetuating a culture of violence and ignorance.

He blamed video games and movies for murder, as if big-screen or small-screen entertainment matters more than easily obtained machines of death.

He mocked anyone with a single new idea to prevent deadly weapons from falling into the hands of those intent on mayhem.

And, exhibiting a level of insanity that qualifies people for commitment as a danger to themselves or others, he called for stationing armed cops at every school in the United States.

The Atlantic: The Most Paranoid, Fear-Mongering Lines in Wayne LaPierre’s Call to Expand the Gun Market to Schools

Anyone expecting the NRA to be chastened at all by the shooting in Newtown, Conn., was quickly disabused of that expectation as Wayne LaPierre, CEO of the gun industry and enthusiast lobbying group, delivered a blistering speech effectively arguing today for a major expansion of the market for the product his group represents.

It was an extraordinarily tone deaf performance, but it followed a well-worn script for product sales: Provoke anxiety — and pitch your product as the one and only solution to it.

Read the examples at the link.

Dan Bigman at Fortune: What The NRA’s Wayne Lapierre Gets Paid To Defend Guns

If you’re a transparency fanatic like me, you appreciate knowing what kind of skin public people have in the game during episodes like this. So what did the NRA pay Lapierre to say that the best way to stop school shootings is to have the government put every mentally ill person in the nation on a watch list and arm school personnel to defend schools like banks?

Just under a million bucks.

That’s according to the most recent NRA filings with the IRS.

The numbers are a bit out of date. The last filing of a Form 990 from the NRA was in 2010. Still, if you’re interested in the numbers behind America’s most powerful gun lobby, it makes for interesting reading.

The organization’s mission is simply stated, right at the top: “To protect and defend the U.S. Constitution.” To accomplish this, in 2010 the NRA reported that it had 781 full time employees, 125,000 volunteers and generated revenues of $22.5 million.

BTW, as Lawrence O’Donnell pointed out last night, banks don’t use armed guards anymore, because they don’t prevent bank robberies. But LaPierre is living in the past as he showed with his pop culture references to decades-old video games and movies.

Here’s O’Donnell’s rant. It’s pretty long, but well worth watching in full.

It’s not a response to the press conference, but Mark Ames posted a great piece on the history of the NRA a couple of days ago: FROM “OPERATION WETBACK” TO NEWTOWN: TRACING THE HICK FASCISM OF THE NRA. Ames is the author of Going Postal, a book on workplace and school shooters. His article can’t be easily excerpted from, but I highly recommend you go an read it at the link.

On a slightly more positive note, here’s an article in New York Magazine about a former school principal who has been studying school shootings ever since one happened at his own school: School-Shooting Specialist Bill Bond on Why Lockdowns Save Lives

Bill Bond, specialist for school safety at the National Association of Secondary School Principals, has spent more than a decade speaking and consulting on school violence. Here, he tells assistant editor Eric Benson about lockdown procedures and the deadly shooting he witnessed himself.
Along with Columbine, my school is the reason lockdown procedures came into being. I was principal of Heath High School in Paducah, Kentucky, and we had eight shot in the lobby; three girls were killed. Back then, we had a crisis plan for the school, but what we were thinking about was a school intruder — an irate person, a mad parent, someone like that. We weren’t thinking about guns at all.
A lockdown means that all students get to the nearest classroom, regardless of whether it’s theirs or not, as quickly as possible. You lock the doors. You pull the shades. You turn the light out. You have the kids move to the back corner of the room, away from the door and windows. And you get the kids to be as quiet as possible. You want them to be quiet, because shooters react to sound and movement. If there’s someone screaming and hollering or running around, the shooter is much, much more likely to try to enter that door.

It sounds like that’s exactly what the teachers did at Sandy Hook School. Read much more at the link.

The other big story of the day is the so-called “fiscal cliff” and the way the Villagers–politicians and media–have turned this giant clusterfuck waiting to happen into an even huger and more horrible clusterfuck.

Boehner poker

Last night Jonathan Chait posted the perfect response to the insanity of the “negotiations” between Speaker Boehner and President Obama: Obama Waking Up From Dream of Grand Bargain

In recent weeks, Obama seems to have concluded that Republicans have come around, and that it is time to sit down and hash out a deal like reasonable people. He moved his position more than halfway toward Boehner’s. Democrats in Congress are, incredibly, discussing the option of compromising even more.

But reasonable compromise to avert the fiscal cliff is impossible. Republicans, as a whole, don’t even seem capable of linear thinking about the budget. They don’t know what they actually want on spending. They don’t understand why Obama wants more revenue or what role this would play in the broader fiscal picture. They don’t even seem capable of politically organizing in a way that maximizes their fanatic principles. The House Republican caucus is simply a teeming pit of revanchist anger.

Chait is hopeful that Obama’s latest remarks on the mess in which he outlined a smaller proposed solution to the standoff may be a sign that the president has once again let go of his fantasies of postpartisan cooperation.

Obama’s remarks today indicate an apparent acceptance of the dynamic and a desire to at least steer the process toward minimizing the economic harm that would result if the contractionary policies scheduled for next year take effect. Obama is again demanding a tax cut for income under $250,000 a year, along with canceling out some of the more punitive spending cuts. He can get that if he holds absolutely firm on his income threshold. Unfortunately, his offer to Boehner confused the matter. Obama offered to lift the tax hike level to $400,000 a year. Now, he was proposing to make up the revenue through reducing tax exemptions, so he really changed only the delivery system for higher taxes rather than the end result, but this fact has gotten confused in the reporting, and Obama needs to re-solidify it. (In his press conference, he didn’t.)

The president also needs to learn about the uselessness of the corporate media.

Roll Call had an interesting insider report on the goings on during the GOP battle over Boehner’s Plan B on Thursday night.

Even his allies admit that Boehner’s stunning failure to find the votes for his “plan B” tax legislation was a major blow to his credibility, provoking befuddlement and even outrage from fellow Republicans.

But there is also considerable anger in the GOP conference directed at the conservative lawmakers that forced Boehner’s shocking defeat.

That fractured reaction — coupled with the lack of a plausible challenger — mean Boehner is unlikely to face any significant challenge to his position as speaker in the near term.

“These are people that, they don’t have a leader amongst them, and they don’t want to be led,” said a GOP member and Boehner loyalist. “He had probably 200 people lined up for him, for his position. And those 200 are pretty dad gum loyal to the speaker and pretty angry at that group.”

Read lots more at the link.

Finally, Rob Urie, who describes himself as an “artist and political economist,” writes at Counterpunch on why Obama and other Democrats are determined to cut Social Security even though it is political suicide and Republicans will use it against them in successive elections–and why we might fight back: Democrats, Social Security and the Fiscal Cliff

Why cut Social Security? The program is currently solvent, is expected to remain solvent for decades to come, and projected shortfalls in the future could be better addressed by raising the incomes of the people who pay into the program, not by cutting payments to those who depend on them. What is to be gained by ‘solving’ a problem that isn’t?

If cutting Social Security isn’t necessary, why then is it being proposed? Barack Obama provided copious evidence in prior proposals, television interviews and speeches that doing so is his intent. Congressional democrats and labor leaders quickly acceded to his proposal to do so, with House Speaker Nancy Pelosi going so far as to actively lie that proposed cuts will ‘strengthen’ the program. And given the cuts will eventually put tens of millions of Americans into dire poverty from a program they paid into for all of their working lives, what rationale could possibly justify doing so?

The reason I ask is a coalition of democrats, labor, liberals and progressives just re-elected Mr. Obama and democrats in Congress to what—cut Social Security? Mr. Obama created the ‘fiscal cliff’ to first push his stacked (in favor of cutting social insurance programs) ‘deficit commission’ to develop a plan to cut government spending and second, to force the issue to be revisited immediately after the election if no plan was agreed to. And Republican threats to refuse to raise the debt ceiling for leverage to ‘force’ spending cuts are idiotic—George W. Bush and congressional Republicans just led the largest increase in government spending in modern history. And that is not a difficult point to make. (And had it been on beneficial programs, it would have been laudable).

Ultimately the entire ‘debate’ is nonsense—the U.S. doesn’t fund spending directly from taxes. As the Federal Reserve is in the process of demonstrating with its QE (Quantitative Easing) programs, it can buy an unlimited quantity of government debt with money it ‘creates’ –the ‘debt limit’ is an arbitrary misdirection.

None of this is news to any of us who went into this with our eyes open about Mr. Obama, but it’s a very good summary of what’s happening and well worth reading in full.   And remember, George W. Bush did his darndest to privatize Social Security and failed miserably.  Perhaps Obama will succeed, but I believe can be tripped up too.  The Republican hatred of anything Obama wants will probably help–after all Social Security wasn’t even addressed in Boehner’s “Plan B” proposal.

Fortunately or unfortunately, the politicians have left for their luxury vacations (leaving unemployed people to wonder whether they’ll have any money at all after Dec. 31); so I guess we can relax for the moment and try to enjoy some peace and quiet for the next week.

I’ve focused on only two issues in this post, so I look forward to seeing what everyone else is reading and thinking about. What’s on your list for today?