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Showing posts with label senate democrats. Show all posts
Showing posts with label senate democrats. Show all posts

Obama may cut Social Security benefits during Lame Duck session following election



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Not good. After November, Obama will never again face the electorate. He's free to do as he wants.

The Lesser Evil is still evil, folks. If you vote for it, it's your job to save us from it.

Huffington Post:
Obama May Do Social Security Reform During Lame Duck Session, Senate Democrats Worry

Concern is mounting among some Senate Democrats that President Barack Obama will make a deal with Senate Republicans during the lame-duck session that would result in changes to the benefit structure of Social Security.

[A snipped paragraph about how Obama said nice things before the AARP about what he's "open" to doing — without making a single promise.]

But the Vermont Independent worried that all of this could be posturing for the lame-duck session immediately after the election, when lawmakers are expected to rush to find another "grand bargain" on tax and entitlement reform to stave off the so-called fiscal cliff.

"That's exactly what's going to happen," Sanders said of Social Security being on the proverbial table, "Unless someone of us stops it -- and a number of us are working very hard on this -- that's exactly what will happen. Everything being equal, unless we stop it, what will happen is there will be a quote-unquote grand bargain after the election in which the White House, some Democrats will sit down with Republicans, they will move to a chained CPI."
Read more about the "chained CPI" proposal here. All you need to know — it changes the cost of living adjustment so retirees get a lot less money.
When the president and Speaker John Boehner (R-Ohio) attempted to craft a deal on the debt ceiling last summer, Obama offered the chained CPI as a concession.
So there. As we wrote months and months ago, Obama's original Grand Bargain is still on the table.

And Daddy Koch (sorry, David Koch) — soon-to-be operational head of the Republican Party (sorry, "one of the most influential donors in the Republican Party") — has given his blessing to the fig leaf (sorry, "tax increases") Obama needs to sell his surrender to us as some kind of benefit.

Barring an open Democratic office-holders rebellion, this is starting to look like a done-deal. Even Nancy Pelosi, judging by her words, is on board as well.

Hmm, "open rebellion" by office-holders against DLC and NeoLib party leaders. Maybe that's what we need from our good progressive electeds ....

UPDATE: There's quite a good discussion going on in the comments, with a number of positions debated. I've weighed in several times myself. Do click through if this subject interests you.

GP

To follow or send links: @Gaius_Publius
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Sen. Whitehouse: Dem Senators may not end Bush Tax Cuts if Obama not "clearly there with us"



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There's a nice piece of original reporting over at Digby's site in which David Atkins and his brother Dante interviewed Sen. Sheldon Whitehouse on filibuster reform, Social Security, the Bush(-Obama) Tax Cuts and Medicare cuts.

Please do read for all four subjects. It's a great short interview with lots of insight.

Here I want to highlight Sen. Whitehouse on those tax cuts, and then add Atkin's remarks. This is quite revealing; note the president's role.

First Whitehouse (my emphasis and paragraphing):
Dante Atkins: If the Senate remains Democratic, do you expect Senate Democrats to hold the line on refusing to extend the Bush tax cuts for the upper income earners?

Senator Whitehouse: I very much hope that we do, and I expect that we will. I think there is a relationship between how and whether we do that, and how and whether the crisis does that.

If the President draws a strong line, I think he'll have the backing of enough Democratic Senators that he won't be able to have a veto overridden.

That puts him in a very strong negotiating position. And I think that he should take advantage of that, and call and ask for our support.

I think if it becomes questionable whether or not the President will stick to his guns, then there are a considerable number of my colleagues, including those who might be up in 2014, who may have to take a more practical and defensive position so they're not out on this, and then undercut by a White House move later on.

So I think that the support is there, but I would just have as my caveat that it has to be really clear from the White House that they're there with us, and they're not going to walk back and leave a lot of Senators exposed on a position they're not willing to hold themselves.
"Practical and defensive" means cave.

Now Atkins:
This is incredibly important, and one of the most overlooked problems with the Administration's near obsession with "compromise" and being the "adult in the room."

Fair or not, the President will always be labeled by the opposition as its most partisan heavyweight. ... No matter how far to the middle Obama hews, the Republicans will always accuse him of being a Communist.

That in turn means whenever the Administration caves and waffles, members of Congress who stood alongside the President prior to the compromised retreat are automatically marginalized as "even more liberal than Obama." Uninformed voters in midterm elections will naturally assume that they're extremists when the attack ads start rolling in.

It may be that tax cuts for the wealthy are so unpopular at this point that a Senator threatened in 2014 could stand on their own two feet on it regardless of the President's position, but it certainly makes it much harder.
Has Barack Obama left Congress high and hanging in the past? That's certainly the word on the wire.

Me? I think he wants those cuts to pass — all of them. And it will take united congressional opposition to stop it.

Please do click over. It's a good fast read on each of those subjects. Nice job by the Atkins brothers.

ACTION OPPORTUNITY: What can we do? Take a cellphone camera to every Obama event you can get into and ask him early and often:
Mr. Obama — Will you swear now to veto any legislation that contains a full extension of the Bush Tax Cuts?
Be that point-blank.

This is a fight he can win anytime he wants to. Inaction is a win. He can let them expire in December, put in a January bill to give the cuts back to anyone he wants, and dare the Republicans to say No. Any time he wants it, he can have that win. If he wants it.

But I don't trust him to want it. He caved in 2010, remember, and I think he's going to design a deal that's complicated enough to sneak the Bush-Obama tax cut extension past you with sweeteners, something like "see, no cuts to Social Security" or some such.

So think of this as a negotiation, you voters out there. You have him at a vulnerable moment. If Obama wants something from you, he can give you something first.

I know he can lie and reneg. But make him make it a bold lie; a world-class 180° lie. Make him pay you with weasel-free words before you tell him he has your vote.

Ask him point-blank:
Mr. Obama — Will you swear now to veto any legislation that contains a full extension of the Bush Tax Cuts?
Then ask again the next time he shows up.

In the booth you can do what you want. But in this negotiation, you're free to tell him sorry, not good enough ... yet.

Mes centimes for whatever that ends up being worth,

GP

To follow or send links: @Gaius_Publius
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Sen. Pat Leahy's "clear conflict of interest"— or How to buy the IP law you want



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The Republic Report is on fire, a must-read site for corruption news.

Staples in their coverage (and ours) are tales of bought congressmen and bought laws. It's why I call Congress the House of Retainers; like all retainers, congressmen work for a living, doing the bidding for those who don't.

Latest is Sen. Patrick Leahy (D-Vermont). You probably think of him as a "good guy" because ... well, you probably aren't sure, are you. Maybe "from Vermont" has something to do with it; it's certainly part of his branding ("Pat Leahy, liberal from Vermont"). Fund-raising, like all sales, is all about branding.

But Leahy, in his role as head of the Senate Judiciary Committee, is one of the main reasons that our side lets all but the worst of MoveCon judges onto the bench, while their side blocks almost every one of ours.

In other words, Leahy is one of the reasons the courts are so stacked against us. (Do click; it's one of Ms. Lithwick's best discussions of the modern court system.)

And now for a little quid pro quo. I've often said that corruption, the real thing, doesn't have to involve money, just abuse of power to benefit someone who hasn't earned what's handed to him. For example, is a referee in a college football game, one in which one side is loved by the ref and the other side hated, corrupt for taking no money at all for five bad game-changing calls?

What do you call it when an IP Big gives gifts to the chair of a Senate committee with "wide sway over IP law"? Corruption, one might say.

And what gifts. Lee Fang reports (my emphasis and paragraphing):
Corruption comes in many forms. Sometimes special interests attempt to buy influence through disclosed campaign donations, but too often, influence is purchased through unorthodox giveaways to our politicians, from discounted mortgages, to free yachts, and promises of future jobs. ...

Senator Pat Leahy (D-VT) is chair of the powerful Judiciary Committee, which has wide sway over intellectual property law.

This Friday, Leahy, a “lifelong fan” of the Batman comic book series, will make his second cameo in a Batman movie when “The Dark Knight Rises” opens in theaters.

As Demand Progress notes, Leahy’s appearance is a clear conflict of interest, given the movie industry’s intense lobbying for stricter intellectual property laws covering their products.
Fang has the quid and the quo:
Leahy ... has received over $900,000 in campaign contributions from the movie and music industry[.] ... He was the guest of Warner Brothers Studio CEO Barry Meyer — the same Meyer whose company and its association (called the MPAA) has spent millions lobbying Leahy’s committee.

In 2010, Meyer testified in front of Leahy on intellectual property legislation. His company is particularly interested in dual legislation known as SOPA/PIPA, which has attracted widespread criticism for its potential to give new powers to industry and government to broadly censor the Internet. ...
Fang's report is filled with this stuff; do read.

Are you getting that "liberal" Pat Leahy is an eager SOPA/PIPA supporter? Markos Moulitsas, quoted here, says:
Democratic Vermont Sen. Patrick Leahy is inexplicably leading the charge in the Senate with the Protect IP Act [PIPA].
Inexplicably? Doing his master's bidding, I would say.

GP

To follow or send links: @Gaius_Publius
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Senate votes 73–26 to deny states the right to label GMO foods (Or, Meet your Monsanto Senators)



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The headline tells it all, but there's an excellent piece by Howie Klein at Down With Tyranny on this news — "Genetically Modified America" — that's well worth a read. Do go there for more. A taste:
Last week the House Agriculture Committee-- basically a bipartisan arm of Agribusiness whose members are handsomely bribed to trample on consumer interests-- voted in favor of Frankenfoods....
Not hard to get Howie's drift.

Here I'd like to do the Dems thing, and talk about the actual votes — who did what.

This is the Senate amendment (my emphasis):
Question: On the Amendment (Sanders Amdt. No. 2310)

Amendment Number: S.Amdt. 2310 to S. 3240 (Agriculture Reform, Food, and Jobs Act of 2012)

Statement of Purpose: To permit States to require that any food, beverage, or other edible product offered for sale have a label on indicating that the food, beverage, or other edible product contains a genetically engineered ingredient.
Note that this isn't a federal labeling requirement. It simply allows states to decide labeling for themselves.

The amendment failed, 26–73. These are your Monsanto senators:
NAYs ---73
Alexander (R-TN)
Ayotte (R-NH)
Barrasso (R-WY)
Baucus (D-MT)
Bingaman (D-NM)
Blunt (R-MO)
Boozman (R-AR)
Brown (D-OH)
Brown (R-MA)
Burr (R-NC)
Carper (D-DE)
Casey (D-PA)
Chambliss (R-GA)
Coats (R-IN)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Conrad (D-ND)
Coons (D-DE)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Durbin (D-IL)
Enzi (R-WY)
Franken (D-MN)
Gillibrand (D-NY)
Graham (R-SC)
Grassley (R-IA)
Hagan (D-NC)
Harkin (D-IA)
Hatch (R-UT)
Heller (R-NV)
Hoeven (R-ND)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Johnson (R-WI)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Landrieu (D-LA)
Lee (R-UT)
Levin (D-MI)
Lugar (R-IN)
McCain (R-AZ)
McCaskill (D-MO)
McConnell (R-KY)
Menendez (D-NJ)
Moran (R-KS)
Nelson (D-FL)
Nelson (D-NE)
Paul (R-KY)
Portman (R-OH)
Pryor (D-AR)
Reid (D-NV)
Risch (R-ID)
Roberts (R-KS)
Rubio (R-FL)
Schumer (D-NY)
Sessions (R-AL)
Shaheen (D-NH)
Shelby (R-AL)
Snowe (R-ME)
Stabenow (D-MI)
Thune (R-SD)
Toomey (R-PA)
Udall (D-CO)
Vitter (R-LA)
Warner (D-VA)
Webb (D-VA)
Wicker (R-MS)
Your Monsanto senators in action:
  • Al Franken (202-224-5641)
  • Sherrod Brown (202-224-2315)
  • Dick Durbin (202-224-2152)
  • Tom Harkin (202-224-3254)
  • Amy Klobushar (202-224-3244)
  • Debbie Stabenow (202-224-4822) 
Six of many ... forces for good on a mountain of evil.

Except for Gillibrand, these folks voted to keep $4.5 billion out of the school lunch program — and all were PIPA supporters or co-sponsors as well.

Evil must be rubbing off.

UPDATE: Looks like we have a Monsanto President. Commenter ezpz has the goods, here and here and here.

And here's the link to CREDO Action to fire Monsanto lobbyist Michael Taylor as Obama's "Food Safety Czar." Who are these people?

GP

To follow or send links: @Gaius_Publius
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Did Justices Roberts and Alito perjure themselves before Congress?



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Not that we have Rule of Law or anything — Nixon and Ford fixed that with their corrupt deal, the one that gave the presidency to Ford in exchange for Nixon's sweeping pre-indictment now-and-forever pardon.

How's that for a quid and a quo? I'll take either side of that deal.

But perjury before Congress is against the law, an actual crime. And Supreme Court justices can be removed (I hear).

With that in mind, here's Michael Tomasky at The Daily Beast (my emphasis; h/t Cliff Schecter on Majority.fm):
Count this if you must as my attempt to "intimidate" John Roberts, but I was reading back through his statements about stare decisis at his hearings. What a liar.

Geoffrey Stone of the University of Chicago Law School is one of our leading legal scholars, so let me hand it over to him here for a few grafs, from a piece he wrote for HuffPo that's five years old but rings awfully true as we count down the days until the Supreme Court seems likely to hand down its most striking overturning of a law since the 1935 National Recovery Act decision.
The quote from Geoffrey Stone (again, Chicago Law School; again, my emphasis and some reparagraphing):
John Roberts assured the Senate Judiciary Committee [under oath] that judges must "be bound down by rules and precedents."

Invoking Alexander Hamilton and James Madison, he affirmed that "the founders appreciated the role of precedent in promoting evenhandedness, predictability, stability," and "integrity in the judicial process." Although acknowledging that it is sometimes necessary for judges to reconsider precedents, he stressed that this should be reserved for exceptional circumstances, where a decision has proved clearly "unworkable" over time.

But in general, "a sound judicial philosophy should reflect recognition of the fact that the judge operates within a system of rules developed over the years by other judges equally striving to live up to the judicial oath."

Similarly, Samuel Alito testified to the Senate that the doctrine of stare decisis is "a fundamental part of our legal system." This principle, he explained, "limits the power of the judiciary" and "reflects the view that courts should respect the judgments and the wisdom that are embodied in prior judicial decisions." Stare decisis, he added, it is "not an inexorable command," but there must be a strong "presumption that courts are going to follow prior precedents."

It is hardly surprising that Roberts and Alito would pay such obeisance to the doctrine of stare decisis in order to get themselves confirmed. Stare decisis is, after all, the bedrock principle of the rule of law [note, there's that phrase; Alito is right].

Not only does it promote stability and encourage judges to decide cases based on principle rather than on a preference for one or another of the parties before them, but it also serves importantly to reduce the politicization of the Court. It moderates ideological swings and preserves both the appearance and the reality that the Supreme Court is truly a legal rather than a political institution.
After some discussion of the Warren court's rulings, Tomasky concludes:
Roberts--and Alito--simply lied. Balls and strikes. Right. They are politicians in robes, nothing more.
Perjury with an excuse, like a note from Jesus or something.

In right-wing minds, it's Means v Ends all the time, and Ends always comes with a note from Jesus. It's how they roll, why they need right-wing Jesus and his personal, invisible and wholly-imagined blessing.

Consider, when John Mitchell, Nixon's former Attorney General and head of his Committee to Re-elect, was asked at the Watergate hearings (my paraphrase) — You testified that re-electing Nixon was a critical national imperative. You committed all these crimes to re-elect him. Would you kill to re-elect him?

Mitchell's answer — go ahead, guess; remember, he's under oath:
(Long pause) "Senator, you ask a hard question."
The song of the hyper-moral. (And remember, Mitchell was Attorney General.)

So, can a Supreme Court justice be impeached? Here's the answer:
A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official under Articles I and II of the Constitution.

Article III, Section 1 states that judges of Article III courts shall hold their offices "during good behavior." "The phrase "good behavior" has been interpreted by the courts to equate to the same level of seriousness 'high crimes and misdemeanors" encompasses.
The answer, in other words, is yes; but only in an actual republic. Bananas are on their kleptocratic own.

By the way, when you start typing "can supreme court justices be impeached?" into the google, it prompts you with that very search after can supr is entered. Choice number one.

I must not be the only one who cares.

GP

To follow or send links: @Gaius_Publius
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23 Senate Dems vote against restoring $4.5 billion in Food Stamp aid



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Your "progressive" Democratic senators at work.

Here's the amendment mentioned in the title (kudos to Kirsten Gillibrand for pushing it):
Amendment Number: S.Amdt. 2156 to S. 3240 (Agriculture Reform, Food, and Jobs Act of 2012)

Statement of Purpose: To strike a reduction in the supplemental nutrition assistance program and increase funding for the fresh fruit and vegetable program, with an offset that limits crop insurance reimbursements to providers.
Here's the vote (note that it failed):
Vote Counts:
YEAs 33
NAYs 66
Not Voting 1
And here are the Senate Democrats voting NO (I've bolded the "special" ones):
NAYs ---66
Alexander (R-TN)
Ayotte (R-NH)
Barrasso (R-WY)
Baucus (D-MT)
Bennet (D-CO)
Bingaman (D-NM)
Blunt (R-MO)
Boozman (R-AR)
Burr (R-NC)
Carper (D-DE)
Chambliss (R-GA)
Coats (R-IN)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Conrad (D-ND)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Durbin (D-IL)
Enzi (R-WY)
Franken (D-MN) [!!]
Graham (R-SC)
Grassley (R-IA)
Hagan (D-NC)
Harkin (D-IA)
Hatch (R-UT)
Hoeven (R-ND)
Hutchison (R-TX)
Inhofe (R-OK)
Inouye (D-HI)
Isakson (R-GA)
Johanns (R-NE)
Johnson (D-SD)
Johnson (R-WI)
Klobuchar (D-MN)
Kohl (D-WI)
Kyl (R-AZ)
Landrieu (D-LA)
Lee (R-UT)
Lugar (R-IN)
Manchin (D-WV)
McCain (R-AZ)
McCaskill (D-MO)
McConnell (R-KY)
Moran (R-KS)
Nelson (D-FL)
Nelson (D-NE)
Paul (R-KY)
Portman (R-OH)
Pryor (D-AR)
Risch (R-ID)
Roberts (R-KS)
Rubio (R-FL)
Sessions (R-AL)
Shelby (R-AL)
Stabenow (D-MI)
Tester (D-MT)
Thune (R-SD)
Toomey (R-PA)
Udall (D-CO)
Vitter (R-LA)
Warner (D-VA)
Webb (D-VA)
Wicker (R-MS)
I count 23 Democrats in that list. Let's see, 23 + 33 (carry the 0) ... golly. That's enough Democrats to pass the thing.

Some pure speculation:

■ Why did it fail? Maybe because of the offset?
... with an offset that limits crop insurance reimbursements to providers.
High-dollar agribusiness farms can't eat on no money. Can't have that.

■ Why did so many Midwest "progressive" senators vote No?

Let's imagine, you and I. We're in the Senate, we're voting on a bill no one is watching, so it's a freebie.

It's going to lose anyway (that's why the Party has Ben Nelson & Ilk in it — to do the dirty work), so why not just suck up to our past and future campaign contributors and vote No? After all, we can't keep on doing this great work of conscience without them.

But you and I, we're not pure of heart like our "progressive" senators. They're like the falling snow. White. Opaque. Cold. With their hands out. That's why we vote for them.

Food stamps. Children. Conscienceless, say I. Your "progressive" Democratic senators at work.

UPDATE: More here. And here.

GP

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Ed Schultz on the destruction of the U.S. Postal Service



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We've written about this assault on the Post Office in our piece, "The Post Office is almost broke — on purpose" and Allison Kilkenny takes on the same subject here.

This is Ed Schultz making the same point and adding the latest news. Note that, like myself and Ms. Kilkenny, he's even-handed in his criticism of the parties involved (at 4:14 and again at 5:45).

(So view this large in a new tab, click here.)



All you need to know (3:30):
"They already have enough money to take care of retirement for the next 75 years."
I love stories like these from Ed Schultz. He's passionate, sincere, and integrity-intact. Thank you.

GP

(To follow on Twitter or to send links: @Gaius_Publius)
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"Selling out pays"—When a Congressman becomes a lobbyist, he gets an average 1,400% raise



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Lee Fang at Republic Report is on fire. The Jimmy Olsen Award for best incoming investigator is his for the asking.

We featured his work here (our "buying Buck McKeon" piece) and here (our "why you can't smoke nice things" piece).

Next up, what ThankYou Street is offering at the going rate. I'll give you a taste of Fang's great prologue, and then just one of his many examples. Our intrepid reporter writes (my emphasis; some reparagraphing):
Selling out pays. If you’re a corporation or lobbyist, what’s the best way to “buy” a member of Congress? Secretly promise them a million dollars or more in pay if they come to work for you after they leave office.

Once a public official makes a deal to go to work for a lobbying firm or corporation after leaving office, he or she becomes loyal to the future employer. And since those deals are done in secret, legislators are largely free to pass laws, special tax cuts, or earmarks that benefit their future employer with little or no accountability to the public.

While campaign contributions and super PACS are a big problem, the every day bribery of the revolving door may be the most pernicious form of corruption today. (See our post on Monday about current members of Congress already negotiating for jobs on K Street).
That last link is worth clicking, by the way. (Just helping out.)

This is exactly why I call Congress the "House of Retainers" — because that's what they are. Literally, employees on retainer.

All of the money is in a small number of hands, so the Greek slaves who administer the empire (sorry, well-heeled public officials who administer our laws) can only be bribed from one set of sources — Our Betters.

If money were more widely distributed, you and I could get a piece of that. No more.

Now a sample from the perps gallery, the rogues parade:
Republic Report combed through the few disclosures that are out there to find out how much lawmakers make when they sell out ... Republic Report’s investigation found that lawmakers increased their salary by 1452% on average from the last year they were in office[.] ...

Former Congressman Billy Tauzin (R-LA) made $19,359,927 as a lobbyist for pharmaceutical companies between 2006 and 2010. Tauzin retired from Congress in 2005, shortly after leading the passage of President Bush’s prescription drug expansion. He was recruited to lead PhRMA, a lobbying association for Pfizer, Bayer, and other top drug companies.

During the [Obama] health reform debate, the former congressman helped his association block a proposal to allow Medicare to negotiate for drug prices, a major concession that extended the policies enacted in Tauzin’s original Medicare drug-purchasing scheme.

Tauzin left PhRMA in late 2010. He was paid over $11 million in his last year at the trade group. Comparing Tauzin’s salary during his last year as congressman and his last year as head of PhRMA, his salary went up 7110%.
Consider this:

■ Tauzen's RIO on selling out the public interest is 70:1. Not bad.

■ PhRMA's ROI on Tauzen's last year is easily 1000:1 or more, since the difference between the current cost of all drugs sold and what they would cost if negotiated — that must be in the billions, maybe hundreds of billions. That increased revenue, compared to Tauzen's measly $11 million — peanuts.

And don't forget the key role Tauzen (as noted above) had in shaping Obama's Health Care "Reform" Act. It's a bipartisan corruption scheme; they do both do it.

Read the rest. The phrases "Chris Dodd" and "Tom Daschle" (an Obama-associated name early on) comes up, as do a number of others.

I'll leave you with a phrase of my own — "House of Retainers" — and I do mean that literally. This is definitely not your daddy's U.S.A. For starters, we now have our king back.

GP

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Unions return to Democratic fold for 2012 election (plus thoughts on the future of Labor)



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First the news, then my very mixed feelings.

From the LA Times (my emphasis):
Last May, AFL-CIO President Richard Trumka stood a few blocks from the White House and issued a stern warning: Union members could not be counted on as the Democrats' foot soldiers anymore.

"If leaders aren't blocking the wrecking ball and advancing working families' interests, then working people will not support them," he said in a speech at the National Press Club.

Flash forward to today: Labor appears squarely back in the Democrats' corner for the 2012 election — pushed there in large part by Republican attacks on collective bargaining rights for public employees.
This despite the following:
Per Channel 14 News in Charlotte NC (h/t commenter ezpz; my emphasis):
Thirteen unions affiliated with the AFL-CIO voted to sit out [the 2012 Democratic Convention in Charlotte, North Carolina] because the members objected to selecting a right-to-work state as a host.
Note that the battle is not between the "unions" and the Democratic party — it's between 13 individual unions and the AFL-CIO. As we noted here, the AFL-CIO is the original sinner in endorsing (in effect) Ronald Reagan's history-making union-busting PATCO strike in 1981.
I haven't written about the 2012 election lately; I'm planning a series of posts staking out the viable positions, some of which conflict. I want to help avoid the 2008 PUMA Wars the left savaged itself with last time.

(This year's version will be called the Obot Wars, by the way, and they've already started. We'll have to be careful not to kill our coalition-hopes with them — as surprising as it is for us ex-grad school types to believe, not everyone who disagrees with us is evil. A lot depends on the reasoning. Word to the wise.)

That said, as a 2012 strategy, there's a logic to the unions taking this stand.

On the seriously other hand, though, if unions aren't thinking long-term about (not) supporting the Democratic party — in order to wrest control of it from the labor-hating NeoLibs who run it (yes, Bill Clinton, I'm looking right at you) — then unions are looking at the end of unionism in the U.S.

It's just that simple. Obama made the Employee Free Choice Act a high-priority promise in his 2008 campaign, then told Rahm Emanuel to tell unions to wait until health care "reform" was done. By then it was too late. Here's Jane Hamsher, who covered it closely at the time:
The fate of the Employee Free Choice Act (EFCA) over the course of the past year and a half [2008–2010] has been largely determined by the White House. Rahm Emanuel would not let it come up for a vote until after health care was passed, and by that time the Democrats no longer had 60 votes in the Senate....
Richard Trumka: The President/and Emanuel have both said they dont intend to bring Employee Free Choice Act up until Health Insurance Reform is done. Which gives us an additional reason to do Health Insurance Reform now!
Bottom line — Obama got his hamburger today, thanks to Trumka, but it's never going to be Tuesday at Democratic party headquarters. Unions and progressives are playing the same loser game; they ask and wait. And wait.

That's not a 2012 problem, it's a long-term survival problem. If unions and progressives don't get off their Dem-serving kiesters and force concessions from the NeoLibs (yes, Mr. Obama, I'm looking straight at you), the only union members will be found in museums — next to your civil rights.

I said I'd be writing about the election shortly. I'll also be writing about what an effective Progressive Coalition looks like.

Effective — you know, one that plays to win. (Unions used to do that I hear, back in the day.)

GP
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MegaUpload-type shutdowns could kill the Cloud Storage model



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More on the implications of the MegaUpload shutdown from writer George Washington at Naked Capitalism (my emphasis everywhere):
The government’s takedown of the 800 pound gorilla online storage site Megaupload may have killed the cloud storage model.

Many innocent users have had their data taken away from them.
Keep in mind that MegaUpload had at least two capabilities — file-hosting and video-hosting (Megavideo). I suspect that the biggest problem for the money-soaked MPAA was the videos, though you can also share HD video files at a file-sharing site.

The author then quotes PC World:
The MegaUpload seizure shows how personal files hosted on remote servers operated by a third party can easily be caught up in a government raid targeted at digital pirates. ... Before its closure MegaUpload had 180 million registered users and an average of 50 million daily visits, claimed a total visitor history of more than one billion, and accounted for about four percent of all global Internet traffic[.] ...
And there are lots of MegaUpload-type sites. Back to PC World:
Take, for example, Videobb.com, a site that appears to be similar to Megavideo. Videobb bills itself as an ideal place to share videos without ever having to worry about “disk space or bandwidth again.” Videobb is “safe, secure and easy” the company says, and that’s probably true; at least unless the FBI and the Department of Justice decide that videobb is ripe for a takedown. Behind the scenes, videobb is rife with pirated content just as Megavideo was.

A quick check of sites that index pirated content shows you can find recent episodes of The Big Bang Theory, Modern Family, and the recent movie Contagion available for free streaming on Videobb.
And that doesn't begin to consider the wealth of file-sharing sites like RapidShare, Hotfile, and all the others. Back to the author:
In other words, the government is exercising the power to seize all of the legal property held in a storage facility because a handful of crooks have illegal property in theirs.

And if that’s not enough to kill your enthusiasm for cloud storage, CIO points out:
Worries have been steadily growing among European IT leaders that the USA Patriot Act would give the U.S. government unfettered access to their data if stored on the cloud servers of American providers—so much so that Obama administration officials this week held a press conference to quell international concern over the protection of data stored on U.S. soil.
So there are a couple of issues here. One is drug-enforcement–style property seizure. What if your company used that site (or a site like Dropbox) to store rapidly changing files (for example, within an active work-team), but backed them up only once daily (or, gasp, never)?

Another is death of businesses that sell such services. As the articles above make plain, who would trust their files to the U.S. Security State? No I, said the little red hen.

But the worst of the issues? Death of the gifts of the digital gods by "property rights" freaks who want the last dollar on the table to be theirs. They're willing to kill the market to keep the 10% theft (for example) at bay.

Look, the nature of digital "property" implies easy theft. Get over it. If the MPAA had their way, VCRs would have been banned in the U.S. Think I'm kidding? The Google (heh) is your friend — for now.

Which brings us to ... Senator Al Franken. Is he really Stuart Smalley on this one issue only, or is that just a clever disguise? You could ask him: 202-224-5641 or 651-221-1016.

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The story behind SOPA–PIPA is campaign money and lots of it



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The story behind the SOPA–PIPA story is Money, lots and lots of it.

Digby linked to this article earlier this week, but I wanted to dig into one of the side pockets of this reporting.

We know that lobbying involves money; we lose track of just how much. And when the amount is really really large, so is the effect. The SOPA–PIPA story gives us a window into just how much movie & recording industry money is involved, and what that money actually buys.

Digby pulled out this quote from the article (my emphasis):
Rep. Paul Ryan (R-Wisc.), the chair of the powerful House budget committee announced on January 9 that he would oppose the bill (after taking nearly $300,000 from pro-SOPA donors).
I may be wrong, but $300,000 seems a very large amount for a House candidate, who only has to carpet-bomb his district (not the whole state) in case of a challenge. OpenSecrets:
The cost of winning a seat in Congress [is] more than $1 million in the House[.]
For example, the most money raised so far in this year's Oregon races is $1 million by Republican Greg Walden, who has a literally no-money challenger. (Sounds like "walking around money" to my cynical ear). The heated race to replace David Wu (OR-1) has Bonamici and Cornilles each raising about $500,000 to date. Paul Ryan raised two-thirds of that amount from one industry — entertainment & digital property-rights barons.

Back to the Mother Jones article. It starts (again, my emphasis and some reparagraphing):
Only two American industries have ever had the clout in Washington to force Congress to ban Wall Street from trading futures on their products. The first was onions—futures trading in no one's favorite root vegetable was banned in the 1950s[.] ...

The other ban is more recent: In 2010, at the urging of the Motion Picture Association of America [MPAA], one of Capitol Hill's most powerful lobbies, Congress banned movie futures as part of the Dodd-Frank financial regulatory reform bill. The big studios took on Wall Street—which isn't known for losing lobbying fights—and won.

So this month, when all the big entertainment companies joined forces with Grover Norquist's Americans for Tax Reform and the US Chamber of Commerce, the nation's foremost big business lobby, to fight for sweeping anti-piracy legislation, it was almost a foregone conclusion that they would get what they wanted.
Think for a minute about Paul Ryan's $300,000 (one House district, though Ryan's a favorite with Thank You Street), then consider how much "walking around money" got spread around the whole of Congress by just these three:

        ■ MPAA, representing all Hollywood
        ■ Norquist's main anti-tax shop
        ■ The "U.S." Chamber of Commerce

About just the MPAA:
Movies, music, and publications are among America's most valuable exports—more than $30 billion in 2007—and the industry has a lot of pull in Congress.
"A lot of pull" means a lot of bought votes. The MPAA could give $1 million to each member of Congress and not break 2% of that $30 billion yearly total.

More (again, much reparagraphing):
Nearly half the Senate, including Senate Majority Leader Harry Reid (D-Nev.), signed on to the Senate version. In the House, 32 representatives from both parties—including Rep. John Larson (D-Conn.), the fourth-ranking House Democrat, and Lamar Smith (R-Texas), the chairman of the powerful judiciary committee—backed the entertainment industry's proposal.

(You can see supporters and opponents of the bills over at ProPublica's website.)

Maplight.org found that since the beginning of the 2010 election cycle, SOPA's 32 sponsors took in nearly four times as much in campaign contributions from the entertainment industry than from the software and Internet industries (nearly $2 million versus a little over $500,000).
That "supporters and opponents" link is an eye-opener. The article also implies that "Silicon Valley" (code for high tech generally) is about to up its "sell".

As the rest of the article shows, this is not about the open Internet vs. property principles. This is about two high-dollar top-of-food-chain predators, dueling industries — "Silicon Valley" & "Hollywood" — duking it out to protect their big-river revenue streams. Issues-shmissues, just show them the bucks.

(Doubt me? An experiment: Forget what business Google is in, then ask yourself — Would Google protect the Internet if destroying it — just a little — would double its profit?)

I'll leave you with one thought. There are two ways to see Al Franken's cosponsorship of PIPA. One is that he's ex-Hollywood, so by supporting PIPA he's just loyally voting his roots; all that MPAA money is just a happy by-product.

The other is this — all that PIPA money is necessary for a Senate candidate who has to fund a state-wide re-election fight; and this "Hollywood roots" stuff is just the cover story — the smoke screen that confuses his base, one that might otherwise think he's selling out his supposed "progressive principles" to harvest the bucks.

In the first scenario, Franken's an innocent; Stuart Smalley perhaps. In the second, he's very very smart, and willing to risk the Internet if he thinks his progressive base won't notice.

Which is it? You could call him and ask — 202-224-5641 or 651-221-1016. But whichever explanation is true, I'll bet you hear the same song and dance.

On the other hand, by calling, you could remind him that he's putting his precious Son-of-Wellstone branding at risk. If he loses that, he'll have to get all his funding from his Hollywood friends. Not a good outcome for Mr. Franken, and something to bargain with when his PIPA vote is next up for ... "lobbying."

(I'll save talking about Obama and the White House Dems for another time. Let's just say they're listening to the song of big dollars as well.)

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An essential SOPA–PIPA video



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We've talked about this before (mainly here), but it bears repeating on this day of SOPA & PIPA darkness.

Again, go here for the supplemental text should you want it. But if all you want is a nice video that explains it all, this is a good one. Enjoy.



H/T Digby for the reminder. For another nice SOPA–PIPA video, this time from the Guardian, click here.

By the way, you'll notice that Google has "gone black" for the day, but only in the sense that they're wearing a black armband, as it were. Imagine if they were actually, well, closed. As in "come back tomorrow — after you've complained to your friendly SOPA and PIPA supporters."

What's the over-under on how fast these bills would be withdrawn? That's blackmail, of course, but hey, a business has a right to shut its doors. (Or maybe that's just "playing to win." You do want to win, don't you folks?)

Oh, did I forget to mention that "progressive" Al Franken is a PIPA co-sponsor? Yep, surprised me too. Perhaps you can tell him how surprised you are as well. I'm sure he doesn't want to fund-raise without that precious "Wellstone" branding:
Sen. Al Franken (D-MN)
DC ph: 202-224-5641
District ph: 651-221-1016
Or if you like, you can tell the whole lot of them. (Search on "cosponsor" and be prepared for a few surprises.)

Occupy the Darkness, at least for the day.

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"Why won’t progressives fight for federal judges?"



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In the wake of this discussion of progressives and their non-existent (or dysfunctional) relationship with the federal court system, I'm pointed via email to this article discussing the same issue.

In it, University of Georgia law professor Sonja West asks: "Why won’t progressives fight for federal judges?" and launches into an interesting examination.

First, the problem (my emphasis):
The lack of concern about or willingness to fight for judicial nominees by one party is a serious weakness in our current political system. If one side cares intensely about the courts and the other side doesn’t, what you get is a long-term bias in one direction. This growing imbalance shouldn’t just worry progressives. It should alarm anyone who believes a range of voices on the courts is essential.

Yet Democrats have a nagging blind spot for fully comprehending that when it comes to advancing the issues they care about, judges aren’t just important but indispensible. If disillusioned Democrats are wondering whether it matters whether President Obama gets a second term, they should look no further than the aging faces of the nine justices at the Supreme Court. And the thousands of demonstrators at Occupy Wall Street need to understand that many of the very things they’re protesting against are the direct consequences of decades spent by progressives deprioritzing judicial appointments.
That last statement is both powerful and true. To paraphrase:
OWS protesters need to understand that much of what they're protesting against are caused by several decades [at least 30 years] of progressives not caring enough about judicial appointments.
We're doing it to ourselves. Progressives are getting the country we're getting because of our choices — not as individuals, for the most part, but certainly as a group, a "coalition." When the Right builds a media outlet to get its message out (Fox News, say), it allows that outlet to operate at a loss for as long as it takes. Why? Because the Right is on a mission.

When the Left builds a media outlet (Air America, say), it forces that outlet to turn a profit or go under. Why? Because the Left is out to lunch.

And that's especially true when the subject is the courts. As I wrote earlier:
While the Federalist Society Right, with its corp-first ideology, has been fighting a 30-year battle to pack the U.S. court system with cronies and fellow radicals (my phrase again), the left has been going on long champagne lunches, enjoying the fruits of our national postwar wealth, and assuming this will always be their daddy's USA. It won't.
Where would we be today if Air America were allowed to run free? And where would we be if we fought for good judges and against bad ones with the same fervor (and skill) as our opponents?

Back to West's article. Where I see complacency, West sees a lack of good prioritization:
What modern Democrats crave instead are legislative victories—health care, immigration reform, social support systems, and environmental protections. And that leaves little left over in the political capital checking account to spend on judges. Democrats, of course, aren’t going to kick a liberal court out of bed for eating crackers, but they don’t want to push for one at the expense of other matters. In the first two years of the Obama Administration alone, the President and Congress could have appointed a slew of new federal judges, but they chose to work on other things. These other things, while important, came at the expense of judges.
Could well be true. The article is good — it reads well and makes the case. It also details some of the (many) losses caused by only caring about Supreme Court nominations. Please check it out.

I'll just add that this is not a problem that defies solution. Unlike electoral politics and the problem of taking over the Senate or the House (or the Democratic party), controlling the courts can be achieved by controlling a very small number of pressure points (I count three).

I'll offer more detail shortly; it's not rocket science to design this as an "op" or a project. This is incredibly important, and one side of the solution (playing on defense) requires just one determined person.

Playing to win; wouldn't it be nice to move the ball the other way for a change? We might even score some points of our own. Stay tuned.

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Lieberman's Internet "Kill Switch" makes a return



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Lieberman proposed this once before. He's back at it, just in time for the SOPA and PIPA debates. CBS News (h/t Amanda Marcotte; my emphasis):
A controversial bill handing President Obama power over privately owned computer systems during a "national cyberemergency," and prohibiting any review by the court system, will return this year.
...
Instead, Milhorn said at a conference in Washington, D.C., the point of the proposal is to assert governmental control only over those "crucial components that form our nation's critical infrastructure."

Portions of the Lieberman-Collins bill, which was not uniformly well-received when it became public in June 2010, became even more restrictive when a Senate committee approved a modified version on December 15. ... The revised version includes new language saying that the federal government's designation of vital Internet or other computer systems "shall not be subject to judicial review." Another addition expanded the definition of critical infrastructure to include "provider of information technology," and a third authorized the submission of "classified" reports on security vulnerabilities.
So there are two parts to this story. The first is the obvious — Mr. Security, Sen. Joe Lieberman (along with colleague "moderate" Republican Susan Collins), would like to hand tons of power to the president.

Do you wonder what a "cyberemergency" is? Or what the president could do if he declares one? Well, that's nicely unclear:
President Obama would then have the power to "issue a declaration of a national cyberemergency." What that entails is a little unclear, including whether DHS could pry user information out of Internet companies that it would not normally be entitled to obtain without a court order. One section says they can disclose certain types of noncommunications data if "specifically authorized by law," but a presidential decree may suffice.
Read the last sentence again. It says what you think it says — domestic snoopage.

The second part of this story is about the media. Go back to the CBS News story and read the 2nd and 3rd paragraphs, where I placed the inter-paragraph elipsis in the quote.

The deleted section starts "Internet companies should not be alarmed". Note how that statement appears to be a bare assertion by the writer, until you jump past a bunch of pro-forma senatorial details and get (if you're still reading that paragraph) to the anonymous "Senate aid" attribution part. The "Senate aid" quote isn't a quote until you read that part — no quote marks to show someone else is the speaker.

So the piece is neatly crafted for the fast reader as follows:

1. The Internet "kills switch" bill is back.
2. (But) it's not a problem, so not to worry (plus eye-glaze phrases with names).
3. (After all) "We're not trying to mandate any requirements ..." (plus eye-glaze phrases with tech words like "backbone").

That "fast reader" I mentioned is most people on the planet. Do you think CBS News has an agenda?

If so, that makes three — Lieberman, who always wants Daddy to have the biggest stick available (wonder what he's hiding); CBS News, which wants to be news-credible without alarming the sheep with what the news actually contains (in this case at least); and Susan Collins, who's providing "moderate Republican" cover for a radical proposal, and is safely not up for re-election until 2014).

The radical stars aligned. This will get a new set of votes soon. The Senate is fun place these days. Al Franken sponsors PIPA, the "kill the Internet" bill; the full Senate passes the NDAA "Indefinite Detention by the Military" bill; and now Lieberman's Internet Kill Switch bill will return for discussion and a vote.

Dear Team Not So Smart As You Think — this is a terrible way to ask for votes in 2012. Just sayin'.

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"Ron Wyden, Useful Idiot"



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Coming right on the heels of his heroic blockage of the Senate Kill-the-Internet law (PIPA), Ron Wyden proves he's a Democrat by wrapping himself in shame and dishonor in his next official act.

Ron Wyden did "a bad bad thing." He teamed up with Republican House hitman Paul Ryan on a Kill-Medicare proposal. Paul Krugman (my emphasis):
Sen. Ron Wyden did indeed do a bad, bad thing in his joint proposal with Paul Ryan. Ezra Klein explains why; and the devil isn’t in the details.

What Wyden did was to give cover to the fundamental fallacy of right-wing attempts to dismantle Medicare: the claim that market competition is the key to reducing health care costs. We have overwhelming evidence on this — and it just isn’t true. Looking both within the United States and across countries, if you ask which systems are best at cost control, the ranking looks like this:

Government provision as well as financing (socialized medicine) > single payer > market competition
That's market competition at the bottom.

After explaining again why market-based systems don't reduce medical costs, Krugman asks the obvious question:
So why would anyone who isn’t a right-wing ideologue propose that kind of degradation? Inquiring minds want to know.
Because of Wyden's truly heroic effort to forestall PIPA, I'll offer Krugman's charitable answer: Useful idiot.

Remind me why we should support Democrats. After all, who are the PIPA supporters that Wyden is blocking?

Democratic cosponsors include:
Sherrod Brown [OH] – (202) 224-2315
Al Franken [D-MN] – (202) 224-5641
Kirsten Gillibrand [D-NY] – (202) 224-4451
Amy Klobuchar [D-MN] – (202) 224-3244
Sheldon Whitehouse [D-RI] – (202) 224-2921
Your "progressive Democrats" in action.

I included phone numbers for your handy printing and use. Switchboards are open until 5:00 pm EST until Congress goes home for the holidays. Operators are waiting for your call.

You can contact Ron Wyden at 202-224-5244 or 503-326-7525.

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Jon Corzine update: MF Global told CME it used customer funds



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There are MF Global stories coming fast and thick. (Background here, if you need to catch up; bottom line is that Top 0.1% golden boy and MF Global CEO Jon Corzine appears to have used customer funds to pay off the firm's losses in bets made with its own money.)

This post will offer some headlines and links, just as a way to keep you abreast of this rapidly-moving story. My comment below; all emphasis mine.

CME was MF Global's regulator. Start here, with Yves Smith's wide-ranging post, "CME to Customers: Drop Dead". Ms. Smith makes several points in the post, the most important being the change in customer-mindedness in modern "capitalism" (my nasty quote-use). But note this:
CME ... is under the hot lights in the wake of the MF Global debacle. Legislators are trying to get in front of the unhappy mob of wronged customers and call it a parade. And an obvious focus of inquiry is the self regulated derivatives exchange, the CME Group, which also oversaw futures commission merchants like MF Global. Worse, MF Global had gotten a clean bill of health from the CME in its last audit.
Smith quotes CME's response:
“In the case of MF Global, we did everything we could within our regulatory power, but MF Global broke exchange rules and government regulations designed to protect customer funds. Because the firm failed to comply with regulations, that does not mean the system failed,” the group said.
Note their defense: in essence, "It's not our fault because they fooled us," as if not getting fooled weren't the goal of regulation. (Even so, see below; they weren't fooled.)

CEO Jon Corzine's defense: I know nothing.
Earlier this week, Corzine testified before a Congressional committee (Agriculture, if you can believe it) that wants "answers on what happened". There Corzine offered the Sgt. Schultz defense: "I know nothing" (h/t Naked Capitalism):
Mr. Corzine told the House Agriculture Committee that he was “stunned” when he learned late on Oct. 30 that about $1 billion of customer money could not be located, a discovery that thwarted a sale of the firm and led to its filing for bankruptcy. Regulators and the Federal Bureau of Investigation are now hunting for the money and examining potential wrongdoing at the firm. ...

“I never intended to break any rules,” said Mr. Corzine, dressed in a dark suit but without his trademark sweater vest. [This is a fashion mag?] “I know I had no intention to ever authorize the transfer of segregated moneys. I know what my intentions were.”
The same article offers this grace note:
Mr. Corzine has not been accused of any wrongdoing.
Of course not.

MF Global was a concern of the NY Fed since 2009. This information comes from the Financial Times Thursday (December 15). You may need a (free) subscription to get the link to work. The key part:
The Federal Reserve Bank of New York expressed concerns over MF Global’s internal controls as far back as 2009, more than two years before the brokerage declared bankruptcy in October and an estimated $1.2bn in customer funds was discovered missing.

The New York Fed’s reservations led it to delay by one year MF Global’s application to become a so-called “primary dealer” and join a select group of 21 banks and investment firms authorised to trade directly with the central bank[.] ... Although the Fed eventually approved MF Global’s request, following a visit by Jon Corzine, the broker’s then chief executive, to the central bank’s branch in New York, the Fed’s concerns underscore the depth of regulators’ worries that the company lacked appropriate controls over risk-taking and effective oversight of traders’ activities.
I guess when you're a poster boy for the Top 0.1% like Jon Corzine, you swing serious pipe in meetings with the Fed. Mostly, it's the Fed swinging pipe.

MF Global told CME it used customer funds. Which brings us to Friday (December 16). From Bloomberg:
MF Global Holdings Ltd. used about $700 million of customer funds to “meet liquidity issues” in the days prior to its bankruptcy, according to CME Group Inc., which had auditing authority over the failed futures broker.

CME Group detailed its dealings with MF Global in documents released yesterday by the oversight panel of the House Financial Services Committee. Christine Serwinski, chief financial officer for North America at MF Global, and Edith O’Brien, a treasurer, told Mike Procajlo, an exchange auditor, at around 1 a.m. on Oct. 31 in Serwinski’s Chicago office that the customer money was transferred on Oct. 27 and Oct. 28 and possibly Oct. 26, according to a CME Group timeline.

“About $700 million was moved to the broker-dealer side of the business to meet liquidity issues in a series of transactions on Thursday, Friday and possibly Wednesday,” Serwinski and O’Brien told Procajlo hours before the firm filed for the eighth-largest bankruptcy following record quarterly losses and $6.3 billion in trades on European sovereign debt.
The same story says Corzine is sticking to his story:
The former senator and governor of New Jersey said he doesn’t know what happened to the money.
And that's where we are. CME, the "frontline regulator," says it knows nothing. Corzine says he knows nothing and ordered nothing. Documents show CME, in fact, did know something.

What's my point?

First, to bring you up to date. In a country with real Rule of Law, CME and its relevant execs would be brought to a court for trial. In addition, a case against Jon Corzine would be vigorously developed, and he'd be charged in an actual attempt to convict. The outcome would depend on his defense, not on his Top 0.1% Club Card (and sweater vest).

At the very least, he'd have to explain himself before a judge and jury, someone with power to incarcerate him for theft and lying. At most, he'd serve time like any other lying thief.

Second, and most important, this story is a poster child for actual Rule of Law (as opposed to the banana-republic, pretend kind). There's no question at this point the money was stolen. It's impossible to believe that Corzine "knew nothing."

But as noted, Jon Corzine has a Top 0.1% Club Card:
He's Top 0.1% in spades: a Goldman CEO, a senator, a governor, and a major Dem fundraiser in an election year. If he does see a jail or a courtroom, it will be revolutionary.
And that's my main point. This is an Occupy story, a rule of law story, and you should be watching it closely.

Will CME be charged? Will Jon Corzine be indicted? If he gets off with "public embarrassment" as his punishment, we'll have public pre-election proof that, no matter the party in power, there's no rule of law for the New Barons that own more and more of this country and its political structure.

(Why do I say "no matter the party in power"? Corzine is a major Obama/Dem fundraiser. If Obama & the Dems don't give him the Weiner's Wiener treatment, you'll know he's protected by ... guess who.)

GP
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Mr. Corzine goes to Congress—MF Global scandal update



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There's good news and bad news in this report, and it's the same news.

First the good news. Jon Corzine is going to appear before Congress. The Hill (my emphasis paragraphing):
Former New Jersey Governor Jon Corzine will be making multiple trips to Capitol Hill in the coming days, as a second Congressional committee has voted to subpoena him to appear and discuss the bankruptcy of his former firm, MF Global. The Senate Agriculture Committee unanimously agreed to compel Corzine's testimony Tuesday for a hearing slated for Dec. 13.

"It’s important that citizens come forward and testify when asked by our committee, especially in a matter this serious," said Committee Chairwoman Debbie Stabenow (D-Mich.) "The committee’s bipartisan actions today demonstrate our commitment to understanding what happened to cause the extraordinary collapse of MF Global." [see below for more on Stabenow] ...

Corzine has currently been subpoenaed to appear before the House Agriculture Committee Thursday. And the House Financial Services Committee, which is holding its own hearing on the high profile bankruptcy of MF Global, will vote Wednesday on whether to issue its own subpoena.
Jon Corzine is this guy, also this guy — the guy who, as head of MF Global, appears to have taken his customers' money to cover MF Global's proprietary bets (via swaps) on sovereign debt in Europe.

He lost that bet (or rather, his customers did). Those customers are now being reimbursed at 60 cents on the dollar for the value of their brokerage accounts.

So what's the bad news? Jon Corzine is going to appear before Congress, not a grand jury. Congress is where bankers go in lieu of being charged with anything. Senator Stabenow is just committed to "understanding" what happened. (Pick me; I can explain, and save you all the TV face time.)

Will Jon Corzine ever be indicted?
He's Top 0.1% in spades: a Goldman CEO, a senator, a governor, and a major Dem fundraiser in an election year.

If he does see a jail or a courtroom, it will be revolutionary.
Still true.

(By the way, Debbie Stabenow appears to be a closet PIPA supporter. Your Dem senators at work.)

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PIPA, the kill-the-Internet bill, is close to a vote in the House & Senate



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There are two immediate legislative threats, one coming this week, the other soon afterward.

The first is the provision that freedom-loving militarists put into the National Defense Authorization act that allows the military to detain anyone, even U.S. citizens, for indefinite periods, no matter where they are found. The Udall Amendment, removing that provision, went down to defeat as I write. (I'll have more on that later.)

The second legislative threat is the Protect IP Act (called "PIPA" by its friends, who are legion; and "kill-the-Internet," also by its friends, but way behind your back).

Here's no less than Markos Moulitsas, Daily Kos founder, on PIPA:
Congress is close to destroying the internet (no hyperbole)

Big Pharma and the recording and movie industries are on the verge of passing a bill that could very well destroy the social web, including Daily Kos.

This is no hyperbole. Watch the video ... [PIPA] is literally an existentialist threat for Daily Kos and any other site with user-generated content, from Facebook, to Reddit, to tumblr, Sound Cloud or YouTube.

This is the holy grail of the entertainment industry—to destroy the internet, and thus, destroy the biggest danger to their business.
And here's the video that Markos referred to.

(Note: SOPA is the House version of the bill. They're not identical; the House version makes the Senate version look almost reasonable — by design I suspect, since the same greedy billionaires are financing both.)



Senator Ron Wyden (D-OR) is a hero in this fight. He seems to know that as a senator, he actually has power, and is using it (emphasis mainly mine):
Democratic Vermont Sen. Patrick Leahy is inexplicably leading the charge in the Senate with the Protect IP Act [PIPA]. Republican Texas Rep. Lamar Smith is leading the companion bill in the House with the Stop Online Piracy Act [SOPA]. This bill would've been rushed through with no debate through both chambers had it not been for the singular efforts of Oregon Sen. Ron Wyden, a true hero of grassroots media and the social web.

Wyden has put a hold on the bill in the Senate, and has promised a full filibuster. Currently, there appear to be 60 votes to overcome that filibuster, but the delaying tactics would tie up the Senate for a full week. And if it doesn't pass this year, supporters have to start from scratch all over again next year—this time under the full glare of a spotlight.

Wyden is now being joined with Sens. Maria Cantwell of Washington, Jerry Moran of Kansas (he's a senator that exists) and Rand Paul of Kentucky (even a stopped clock ...).
As if this weren't a shock enough, here's a list of PIPA's co-sponsors. John McCain and Joe Lieberman are joined by these supposed friends of freedom:
Sen Brown, Sherrod [OH] - (202) 224-2315 [corrected]
Sen Franken, Al [D-MN] - (202) 224-5641
Sen Gillibrand, Kirsten E. [D-NY] - (202) 224-4451
Sen Klobuchar, Amy [D-MN] - (202) 224-3244
Sen Whitehouse, Sheldon [D-RI] - (202) 224-2921
Those are sponsors! Your "liberal" Democrats in action. (At what point are you tempted never to vote for a Democrat again? Feel free to discuss amongst yourselves.)

ACTION OPPORTUNITYCall your senators and ask them to support Ron Wyden's filibuster of PIPA, the kill-the-Internet act.

If you've given money to people like Al Franken, be sure to let him know your thoughts (polite but direct; remember, money talks louder than swear words with some people).

You can say Thanks to Sen. Wyden here: (202) 224-5244 or (503) 326-7525.

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The Hill: Tea party group joins progressives in slamming online copyright bill



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We're written before about Senator Leahy (D-Vt.) and the PIPA ("Protect IP") Act. (The actual name is long and noble-sounding — the "Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act". "Economic creativity" — that's code for "Big People's money".)

For a nice backgrounder, click here. PIPA is a second attempt to shut down websites that link to sites that show protected content. You got it — shut down the linking site.

That original bill was dubbed the Internet Blacklist Bill, for good reason. According to that original bill (quoting myself here):
Targeted sites could be placed on a required-to-block list via a court order, or on a suggested-to-block list by the Attorney General. You read that right; the exec branch gets to unilaterally "suggest" which sites to block.
Executive censorship, no appeal process (that I could find), and the "crime" is linking, not hosting. What do they call that in soviet-style national security circles? Mission Accomplished, of course.

Last week, in a seriously under-reported move, a large Tea Party group has signed on to oppose PIPA. The Hill:
The opposition to Sen. Patrick Leahy's (D-Vt.) Protect IP or PIPA Act got a lot broader this weekend when the Tea Party Patriots came out against the legislation on Facebook. The conservative umbrella group has almost 850,000 supporters on Facebook and linked to an editorial from Demand Progress executive director David Segal and Don't Censor the Net executive director Patrick Ruffini on Saturday, arguing the coalition of political opposition from the right and left shows the bill is bad for consumers.
Is "bad for consumers" what the focus groups say to call it? I guess "bad for civil liberties" just doesn't have that zing.

The article goes on to note:
"This is very interesting. Left and right both opposing severe government overreach in the area of intellectual property. Have your own website? Maybe the government will shut it down tomorrow...without any notice to you," Tea Party Patriots posted to its profile.
Over 350 firms sent a letter to Congress urging that PIPA be passed. The letter was organized by the U.S. Chamber of Commerce. However, the bill remains on hold.

Watch this one. The name is PIPA and Big Money wants it bad. So far, Sen. Wyden (D-Ore.), a real Democrat, is the choke-point.

Action Opportunity. You might want to thank him:
Washington, DC
223 Dirksen Senate Office Building
Washington, DC 20510-3703
Phone: (202) 224-5244
Fax: (202) 228-2717
Any bets the Chamber is sending lots of Thank You money to the bill's supporters? The Internet doesn't protect itself, you know.

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Obama nominates Republican recommendations for open U.S. attorney positions in Utah and Texas



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In yet another bow to the party that didn't vote for him, President Obama has been nominating a number of U.S. attorneys recommended by Republican legislators and opposed by Democrats (h/t AMERICAblog commenter keysdan for this story).

Let's start with MainJustice.com (my emphasis everywhere; I also closed up several one-sentence paragraphs, cause you know, this isn't the sports pages):
The Barack Obama administration will consider another Republican nomination for a U.S. Attorney position – the latest case of the Democratic administration deferring to Republican-recommended appointees.

The Obama administration is vetting David Barlow, currently the legal counsel to Sen. Mike Lee (R-Utah), for potential appointment as U.S. Attorney for Utah, the Salt Lake Tribute reported.

On Friday, Sen. Orrin Hatch (R-Utah) announced that he recommended Barlow to the White House. ... Todd Taylor, executive director of the Utah Democratic Party, told the Tribune that Barlow’s nomination ignored the state's many talented Democratic attorneys, some of whom he recommended to the White House himself.

And this isn't the first time the White House has ignored its party's suggestions for U.S. attorney nominees. President Barack Obama snubbed Texas Democrats last month by nominating Republican picks for all four U.S. Attorney's Offices in Texas. ... Home-state senators typically recommend candidates to the White House, unless both of the state's senators are of different parties than the president – as in the case of Utah and Texas. In those cases, the administration usually looks to its party's House members for recommendations, but Obama has bucked that trend with recent nominations.
Ladies and gentlemen, Mr. Hope & Change at work. We can only hope he changes. Don't you wish he were working for you?

One of those Texas appointments is "particularly disappointing" to Democrats. Here's Chron.com, writing from the Lone Star State:
U.S. Magistrate Judge Robert Lee Pitman of Austin is expected to be picked by the president to serve as U.S. attorney in the Western District, which includes San Antonio, Del Rio and El Paso, Texas lawmakers confirmed. ... All four nominees were recommended to Obama by Sens. Kay Bailey Hutchison and John Cornyn, both Texas Republicans.

A rift between the senators and Democrats in the U.S. House emerged for judicial selection early in the president’s term. Democrats had sought other candidates for appointment in some of the state’s judicial districts.

Although the White House assured the state’s Democrats that they would be consulted on judicial selections, the executive branch also has worked with the GOP senators[.] ... “The administration has disregarded its previous agreement and our hope for more change in the Texas justice system after decades of total Republican domination,” said Rep. Lloyd Doggett, D-Austin. ... “It is particularly disappointing to see the unwarranted rejection of our recommendation of Houston attorney Larry Veselka,” Doggett said.
Both of the links above are thanks to dKos diarist ffour.

Hmm — "more change in the Texas justice system after decades of total Republican domination." Think there's a moral component to that? I do.

As ffour points out:
May be Orrin Hatch and John Cornyn will have some good recommendations for the SCOTUS in 2012-2016.
Why not? He's getting all the practice he needs.

GP
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