Showing posts with label rule of law. Show all posts
Showing posts with label rule of law. Show all posts

Wednesday, November 30, 2011

Politics in America

The US is one of the few countries in the world where legal fictions have the rights of citizens and human being have "rights" only insofar they they don't try to exercise them. It is an Alice In Wonderland country.

Here is Robert Reich:
A funny thing happened to the First Amendment on its way to the public forum. According to the Supreme Court, money is now speech and corporations are now people. But when real people without money assemble to express their dissatisfaction with the political consequences of this, they’re treated as public nuisances and evicted.

First things first. The Supreme Court’s rulings that money is speech and corporations are people have now opened the floodgates to unlimited (and often secret) political contributions from millionaires and billionaires. Consider the Koch brothers (worth $25 billion each), who are bankrolling the Tea Party and already running millions of dollars worth of ads against Democrats.

Such millionaires and billionaires aren’t contributing their money out of sheer love of country. They have a more self-interested motive. Their political spending is analogous to their other investments. Mostly they want low tax rates and friendly regulations.

Wall Street is punishing Democrats for enacting the Dodd-Frank financial reform legislation (weak as it is) by shifting its money to Republicans. The Koch brothers’ petrochemical empire has financed, among many other things, candidates who will vote against environmental protection.

This tsunami of big money into politics is the real public nuisance. It’s making it almost impossible for the voices of average Americans to be heard because most of us don’t have the dough to break through. By granting First Amendment rights to money and corporations, the First Amendment rights of the rest of us are being trampled on.

This is where the Occupiers come in. If there’s a core message to the Occupier movement it’s that the increasing concentration of income and wealth poses a grave danger to our democracy.

Yet when Occupiers seek to make their voices heard — in one of the few ways average people can still be heard — they’re told their First Amendment rights are limited.

The New York State Court of Appeals along with many mayors and other officials say Occupiers can picket — but they can’t encamp. Yet it’s the encampments themselves that have drawn media attention (along with the police efforts to remove them).

A bunch of people carrying pickets isn’t news. When it comes to making views known, picketing is no competition for big money .

Yet if Occupiers now shift tactics from passive resistance to violence, it would spell the end of the movement. The vast American middle class that now empathizes with the Occupiers would promptly desert them.
I may be wrong, but if you refuse to give political rights to people, then they will organize and seize those rights by bloody revolution. The words of Thomas Jefferson are prophetic: The tree of liberty must from time to time be refreshed with the blood of patriots and tyrants. It is its natural manure.

Thursday, November 17, 2011

Reclaiming America

Here is Lawrence Lessig on a new coalition to educate Americans about the corrupting influence of big money in politics and their society:

Lawrence Lessig Welcomes Rootstrikers to United Republic from Rootstrikers on Vimeo.

More details at unitedrepublic.org.

Monday, November 7, 2011

Freedom to Peacefully Assemble and Petition the Government

Freedom in action:



The above video is a little hard to square with this very clear statement of citizen's rights in the United States Constitution, specifically the 1st Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
I guess the Constitution really means that you have a "right" to peacefully assemble unless the police get annoyed and decide to take pot shots at you and harass you because they find your video camera "annoying".

If you ever read the USSR's Constitution or Communist China's Constitution, they are full of "rights". Wonderful documents. But only a fool would take the chance to act on any of those "rights" because those documents were purely window dressing to wave at the world and declare that those countries were "great democracies" with all the latest and best "rights" for their citizens. Banana Republic USA has joined their ranks. Lots of wonderful "rights" but don't you dare take them seriously.

Update 2011nov10: Here is an article in the San Jose Mercury News about the above incident:
Alpert, a University of South Carolina criminal justice professor who's an expert in police decision-making and use of force, said the video left him "astonished, amazed and embarrassed."

"Unless there's something we don't know, that's one of the most outrageous uses of a firearm that I've ever seen," he said. "Unless there's a threat that you can't see in the video, that just looks like absolute punishment, which is the worst type of excessive force."

Campbell said his friends saw him get hit and rushed him away to the shelter of a doorway. Someone brought an ice pack while a legal observer took down information, and then his friends helped him get to a taxi. He saw a doctor later Thursday, who told him to keep the wound bandaged and iced. He said Monday he has a 1½ -inch wound with swelling and bruising around it.

Campbell said he does social and digital media work for a local nonprofit and supports Occupy Oakland. "I don't camp out there, I've been a participant but not an active organizer," he said. "I've come out for general assemblies and marches, and I came out that day for the general strike to show my support."

He said he brought his camera that night to document any excessive force used by police, never imagining that might make him a target. "I don't know if I was in the right place at the wrong time or the wrong place at the right time."

He said he wants an independent, not internal, investigation of this and other reports of excessive force, and is considering whether to take legal action.

...

"It looks terrible," agreed Sam Walker, a professor emeritus of criminal justice at the University of Nebraska, Omaha, who consulted with Oakland police on the federal consent decree emerging from the Riders scandal. "It certainly looks like they singled him out to be shot ... and there does not appear to have been any sort of attack by the protester. Clearly, the camera is not approaching the officers, so they couldn't claim that he posed a threat."

Paul Chevigny, professor emeritus at the New York University School of Law, said it looks like "a violation of his First Amendment rights apart from being a violation of his Fourth Amendment rights. He has a right to take a film of what the police do -- we've been over this thousands of times -- unless he's interfering in some way.

"The basic problem of police retaliating against people who are trying to record what's going on is perennial," said Chevigny, adding this occurs all over the nation. "They (officers) consider it a kind of 'contempt of cop.' It's an expression of the fact that people do not trust the police. The police read it as a criticism of them. It's not even necessarily that they're trying to prevent people from seeing what they're doing.

"But this extreme version (of retaliation) is very unfamiliar to me," he added. "I can't imagine what they're going to say about shooting this guy. Sounds like the Oakland police need a little brush-up on their training."

Wednesday, October 26, 2011

The Right to Petition the Government, the Oakland "Occupy Wall Street" Version

Lots of countries have high-sounding "Constitutions" with lots of "rights" and "liberties". The real test is when the citizenry attempt to exercise their rights.

The US has its First Amendment as part of its "Bill of Rights" to its Constitution:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Sadly, the authorities interpret that as the right to assemble and petition in some far away scruffy corner where nobody will see you or hear you. If you decide to assemble in an urban area, the authorities will soon decide that you are an "eyesore" that there are "health concerns" and that you have "overstayed your welcome". In short, protest, but not too loudly, not to visibly, and not too long.

You can tell when your rights are "fishy"... they send in the cops in riot gear in the middle of the night and unleash the hounds of hell to drive you away...









News coverage:
A legitimate government would assemble the police without riot gear, invite in the press, bring in cameras, send in high profile officials to explain why they want to move and/or suppress the demonstration, and rely on public consensus to get the protesters to leave.

I have no problem with cops in riot gear going in full force on the crazy nihilists who use "protests" as a cover for trashing the city. But if the government is legitimate, they should be able to get all but a handful to leave peacefully if the government truly has the consent of the governed behind them. That they are doing this in the middle of the night with such violence says to me that the government is bought-and-sold by big corporate money and the billionaires behind the scenes. There is nothing "legitimate" in handling peaceful protest in this manner.

An honest government wouldn't be using violation of "camping laws" or the so-called worries over "sanitation" to send in riot cops to beat people with billy clubs and tear gas them. That isn't how you deal with campers and trash. That is how a police state deals with political dissent. So much for the "rights" of Americans under their constitution. US citizens have a Constitutionally "guaranteed right to protest" so long as they do it at home, in a closet, in a whisper, in the dark, and don't let anybody know about their "protest".

Wednesday, October 19, 2011

You have "Rights" but not the Right to Exercise Your "Rights"

Here is a bit from a post by a legal site that claims to be helping the public. Here they try to explain your "rights" and just how much limitations can be put on them:
As protests supporting Occupy Wall Street have swelled in recent weeks, hundreds of demonstrators have been arrested across the U.S. This weekend, nearly 100 people were arrested in New York and 175 in Chicago. More than 100 protesters were arrested in Boston last week; a few weeks ago, 700 were arrested on the Brooklyn Bridge.

So, if the First Amendment guarantees the right to peaceable assembly, why do peaceful protestors keep getting arrested — and sometimes pepper-sprayed and beaten up?

We take a closer look at the laws governing protests and how the government can limit them.

Time, place and manner restrictions

The First Amendment is not absolute. Government can make reasonable stipulations about the time, place and manner a peaceable protest can take place, as long as those restrictions are applied in a content-neutral way.

But what constitutes a reasonable time, place and manner restriction? "It depends on the context and circumstances," said Geoffrey Stone, a professor specializing in constitutional law at the University of Chicago. "Things like noise, blockage of ordinary uses of the place, blockage of traffic and destruction of property allow the government to regulate speakers."

Stone gave a few examples of impeding ordinary usage: disturbing patients at a hospital, preventing students from going to school, or, more relevant for the Occupy movement, disrupting the flow of traffic for a long period of time.

The majority of Occupy Wall Street-related arrests have been on charges of disorderly conduct. Under the New York Penal Code, that includes making "unreasonable noise," obstructing "vehicular or pedestrian traffic," or congregating "with other persons in a public place and refus[ing] to comply with a lawful order of the police to disperse." Basically, the central question is the standard of reasonableness. "You have to tolerate a certain amount of inconvenience in order to make room for First Amendment activity, but not so much that it disrupts things," Stone said. Individual states' unlawful assembly and disorderly conduct statutes have to fall in line with this standard. "They can regulate it less if they want to," Stone added, "but not more."
I remember as a kid watching the blacks in the Deep South trying to exercise their "right" to vote. They would be made to wait in the hot sun all day. They would be told to come back umpteen times. They would be given "tests" that mysteriously only blacks failed, not whites. Etc., etc. They had "rights" just no right to exercise their rights.

Native Indians in the US signed umpteen "perpetual treaties" only to watch them be torn up a few years later. Many Indian bands have horror stories to tell. The "trail of tears" for the civilized tribes of the US Deep South that freed up land for the big slave plantations is especially egregious. These are tribes that had signed many treaties, even fought on the side of the US revolutionaries and the side of the new United States in the Battle of 1912. All these "rights" and "promises" were ignored to feed the land fever of white slave owners.

This "expert" for propublica goes through the motions as if rights were real and the state is truly interested in your rights and it is just a question of balancing rights with responsibilies. What a load of crap. If they could get away with it, governments would have a rule that you can only demonstrate between 3:00 AM and 4:00 AM on one side of town, and by the way, you must have a permit that can only be picked up on the other side of town between 2:59 AM and 3:00 AM and only those with a valid permit at 3:00 AM at the demonstration site will be allowed to demonstrate. (A version of this is the recent rules where you have have "public" demonstrations during high profile international gatherings but only at a "designated" demonstration site that is miles from where the dignataries gather and is carefully fenced in with riot cops all around to ensure that in this "proper" demonstration area you won't be seen or heard by anybody.)

I'm pretty positive that Syria has a wonderful Constitution which lays out all kinds of "rights" for its citizens. But right now the only "right" that citizens seem to be enjoying is a bullet through the brain or torture in some dungeon run by Bashar al-Assad's thugs. Under the USSR's Constitution people had wondeful, extensive, very progressive "rights". But in reality if you thought you could exercise your rights you would be sent off to a slave labour camp in Siberia or shelved in a 24x7 drugged state in an insane asylum. That's how you got to "exercise" your rights in the USSR.

The thuggery by the US and its police is just one in a long line of countries with wonderful "rights". Sure the top 1% get to exercise those rights. But the 99% better not cross the line. Their "rights" have a way of mysteriously becoming re-interpreted as disorderly conduct, assaulting a police officer, or some other drummed up charge. If you read the labour history of the US (late 19th century early 20th century) it is filled with workers exercising their "rights" only to be mowed by by police or private gangs: the (Homestead Strike, the Lattimer Massacre, the Ludlow Massacre, the Columbine Mine Massacre, the Chicago Memorial Day Massacre, etc.)

Oh... and I just noticed this. A French court has ordered ISPs to block any site that allows people to post videos of police misconduct. I guess the theory is "out of sight, out of mind". Or, if nobody sees it, then it isn't a crime.
The Tribunal de Grande Instance de Paris [official website, in French] on Friday ordered [judgment in PDF, in French] French Internet service providers to block access to Copwatch Nord Paris I-D-F, a website designed to allow civilians to post videos of alleged police misconduct. The decision was applauded by the police union, Alliance Police Nationale (APN) [union website, in French], which argued that the website incited violence against police. Jean-Claude Delage, secretary general of the APN, said that "[t]he judges have analyzed the situation perfectly—this site being a threat to the integrity of the police — and made the right decision." Opponents of Internet censorship were also quick to comment on the judgment. Jeremie Zimmermann, spokesman for La Quadrature du Net [advocacy website], a Paris-based net neutrality organization, called the order "an obvious will by the French government to control and censor citizens' new online public sphere." The site was ordered to be blocked immediately.
In France you have the right to think that police might violate the rights of citizens, but you have no right to communicate that belief because that is "an insult to the majesty of the Law". I guess the reasoning is that if you let people question the honesty and integrity of the government then you are on the slippery slope to anarchy. So everybody will be liable by law to only say good things about their laws, their politicians, the rich, and the police. You can insult your neighbor, the poor, immigrants, and dogs in the street. But not the noble "leaders" of society and their enforcers, the police.

The How & Why of America Now Being a Banana Republic

People used to joke about how the US might become a banana republic. But the joke is over. It is reality. The rule of law has completely broken down in the US.

Here is a post by Barry Ritholtz in his The Big Picture blog:
Fraudclosure Errors Destroying Americans’ Property Rights

by Barry Ritholtz

Over the past 2 years, I have warned repeatedly about the dangers to American property rights caused by massive bank fraud, A deadly combination of MERS, robo-signing, and illegal shortcuts have created a horrific situation. A bedrock of our society — the ability for the owner of a piece of real estate to confidently convey that property, along with all associated property rights — is now in danger.

It was the inevitable result of the frauds that too many state Attorneys General seem unwilling to prosecute.

The end results of that massive fraud, and the State’s refusal to hold the wrongdoers accountable, are simply this:
“The highest court in Massachusetts ruled that a homeowner who bought a foreclosure that hadn’t been properly conducted by the foreclosing bank in 2006 didn’t have legal ownership of the property.

The decision by the Supreme Judicial Court casts a cloud over the legal ownership of any properties in Massachusetts where banks didn’t properly convey title when foreclosing. The problem has gained attention nationwide because of banks’ use of “robo-signing” and other dubious practices that may have broken chains of title on foreclosures.

The case follows a previous state court decision that voided a foreclosure when banks couldn’t prove that they owned mortgages when they initiated foreclosure proceedings.”

(WSJ, State Rules on Foreclosure)
The Rule of Law is yet another bedrock foundation of this nation. It seems to get ignored when the criminals involved received billions in bipartisan bailout monies.

The line of bullshit being used on State AGs is that we risk an economic crisis if we prosecute these folks.

The people who claim that fail to realize that the opposite is true — the protest at Occupy Wall Street, the negative sentiment, the general economic angst — traces itself to the belief that there is no justice, that senior bankers have gotten away with economic murder, and that we have a two-tiered criminal system, one for the rich and one for the poor.

Today’s NYT notes the gloom that has descended over consumers, and they suggest it may be home prices. I think they are wrong — in my experience, the sort of generalized rage and frustration comes about when people realize the institutions they have trusted have betrayed them. Humans deal with financial losses in a very specific way — and its not fury. This is about a fundamental breakdown of the role of government, courts, and leadership in the nation. And it all traces back to the bailouts of reckless bankers, and the refusal to hold then in any way accountable.

There will not be a fundamental economic recovery until that is recognized.
Obama is part of the problem and not part of the solution. I could go along when he claimed he didn't want to press charges against Bush administration officials for war crimes. I could understand that was disruptive and would bring out the worst of partisan politics. But when Obama refused to prosecute the fraud and crime among the financial industry, he lost my respect. He is part of the problem. As Ritholtz points out: the economy will not revive until the rule of law is restored in the US. Sadly, there is not one presidential candidate in either party who has indicated a willingness to restore the rule of law.

Wednesday, August 10, 2011

Commentary on the UK Riots

This article from the UK Guardian newspaper asks some very important questions:
The year we realised our democratically elected leaders can no longer protect us

The financial crisis, phone hacking and now riots. Where once we may have felt rage, now we can feel only impotence


The soul sinks at the pictures – of a woman leaping from a burning building, of the owners of a family shop seeing their life's work turned to ash, at the sight of a thug unzipping the rucksack still on the back of an injured teenager and taking from it what he wants. The soul sinks at the sight of people trashing the places where at least some of them live.

There is another sensation you feel watching these pictures, and it is one with which we are becoming increasingly familiar, especially in 2011, the year the news refused to stop. It is impotence.

The most unsettling reports have been of policemen standing back, apparently powerless to stop people as they smash and burn and steal. It's deeply unnerving to see those we expect to protect us incapable and in retreat. Read the comment threads and Twitter feeds, with their demands that "this must stop", or even for looters to be "shot on sight", and you see the signs of impotent rage, the desperate desire for somebody to do something.
Read the whole article.

The recent riots in Vancouver had a similar surreal feel as the police stood back and let rioters run amok. I guess I'm too old, but when I was a kid the police would read the riot act and then go in clubs swinging and arrest everybody on sight. Riots didn't last all night. They lasted less than an hour, just enough time to grab and handcuff everybody on the streets.

But these days, hooligans in hoodies with masks roam the street untouched. Since when is there a "right" to be a brazen criminal loose on the street. In the context of a riot, anybody with a mask on should be arrested immediately. Anybody with a stone or a stick should be swept up in two heartbeats. Any gathering of more than 3 people should immediately be arrested and the loners should be given 10 seconds to skedaddle.

What drives me stark raving mad is that the police do the exact opposite of their duty. During peaceful protests over political issues, police these days kettle the demonstrators and hold them for 24 hours in bestial conditions. But when it comes to out-and-out rioters, the police fumble about or stand off and watch while the mayhem is allowed to proceed uninterrupted. That is nutty. The police should stand back and watch proper political demonstrations and kettle the rioters. Why have these basic rules of policing been turned upside down?

My cynical side says the police are doing this under instructions. The rioting is viewed by the elite as a way of putting fear in the bottom 90%. These riots are not threat to the rich so they can treat this as entertainment much as Nero who fiddled while Rome burned. But political demonstrations put a real scare into the elite, so they instruct the police to quash those street gatherings quickly and violently.

Sunday, July 31, 2011

Obama's War on Whistle-Blowers

Here is a bit from an article by Glenn Greenwald in Salon magazine:
The Obama administration's unprecedented war on whistleblowers suffered two serious and well-deserved defeats. The first occurred in the prosecution of NSA whistleblower Thomas Drake, who was accused of multiple acts of espionage, only for the DOJ to drop virtually all of the charges right before the trial was to begin and enter into a plea agreement for one minor misdemeanor. Today, The Washington Post -- under the headline "Judge blasts prosecution of alleged NSA leaker" -- reports that the federal judge presiding over the case "harshly criticized U.S. prosecutors’ treatment of a former spy agency official accused of leaking classified material."

As the transcript of Drake's sentencing hearing published by Secrecy News reflects, Judge Richard Bennett of the U.S. District Court for Maryland was infuriated by two aspects of the DOJ's conduct: (1) after the Bush DOJ executed a search warrant of Drake's home in 2007, the Obama DOJ -- 2 1/2 years later -- finally indicted him, meaning he had to live with that cloud of criminal uncertainty over his head for that outrageously lengthy period of time; and (2) despite dropping all of the serious charges right before the trial was about to begin, the DOJ demanded that Drake be forced to pay a $50,000 fine as "a deterrent" (on top of the tens of thousands of dollars he spent in legal fees until he had no money left and had to use public defenders, as well as the fact that he was five years away from earning a federal pension when he was fired and ended up working at an Apple Computer store to support his family); to justify the requested fine, the prosecutor cited a $10,000 whistleblowing prize Drake was awarded earlier this year.
Go read the original to get the full article and to access the embedded links.

Greenwald adds:
Drake's leak involved no conceivable harm to national security, but did expose serious waste, corruption and possible illegality. When Drake was indicted back in April, 2010, I wrote at the time: "the more I think about this, the more I think this might actually be one of the worst steps the Obama administration has taken yet, if not the single worst step -- and that's obviously saying a lot." The effect of prosecuting Drake with multiple "espionage" counts, threatening him with decades in prison, and financially ruining him is clear: to frighten future whistleblowers into silence, and thus enable the government and the National Security State to do whatever it wants free of one of the only true checks it has. That's what makes Obama's War on Whistleblowing so pernicious.
Apparently Bush's Department of Justice was going to drop this case, but Obama pursued it, and pursued it with a vengance "to send a message" to whistle-blowers. This is really outrageous because Obama is a Constitutional law professor and has to understand that in a free society, democracy will only work if people know about crime, corruption, and waste. But this is exactly what Obama's Justice Department was trying to hard to stop. In short, Obama wanted a court case punish an innocent man in order to stop transparency in government. This from President "I'm running in order to ensure more transparency in government" Obama! Shame!

Tuesday, July 12, 2011

Interesting Questions

In an article in The Daily Beast by Bob Graham, former senator from Florida has raised a number of issues and opened up questions that need to be answered:
On September 12, 2001, Americans learned that 15 of the 19 commercial-airplane hijackers of the previous day were Saudis. The thought that went through many minds was, What are the Saudis thinking? Were these 15 individual suicidal decisions, or does 9/11 represent a break in our mutually beneficial relationship stretching back to World War II?

From that date until today those questions have largely gone unanswered. Unanswered because the government of the United States has engaged in a sustained and effective campaign to keep the American public from knowing the truth. And we may ask: Why?

...

Why would the Saudis have given substantial assistance to at least two of the hijackers, and possibly all 19? The answer I have come to is survival—survival of the state and survival of the House of Saud. The Saudi regime in the late 1990s faced the prospect of a repeat of the 1979 Iranian revolution, when young revolutionaries toppled the shah. Osama bin Laden was ascending. He had achieved hero status—in his country of birth, Saudi Arabia, and across much of the Muslim world—for his work with the mujahedin in expelling the Soviets from Afghanistan. He had successfully bombed two U.S. embassies in Africa. He had trained thousands of potential terrorists in his Afghan camps. And he was planning even greater attacks—this time within the United States itself.

But bin Laden recognized a deficiency: Most of those who would be spirited into the United States had never been there before and did not speak English. How could they survive and maintain anonymity while they completed the final planning, practiced and executed an enormously sophisticated attack? The Saudis, who were known to have a global network of agents to monitor their youth against the prospects of another Iran, could provide the support infrastructure to make this possible. The threat of civil unrest against the monarchy, led by al Qaeda, could be the leverage for access to this network.

An insight into how far the regime might go in defending and perpetuating the status quo occurred in May of this year at the Vienna meeting of the World Health Organization. Advancing its policy of avoiding the proliferation of weapons of mass destruction, nuclear or biological, the United States offered a resolution that would have required all 193 members of the WHO to either declare they were smallpox-free or—as would be the case with the United States—to commit to the destruction of any smallpox pathogens held in laboratories or elsewhere within five years. Throughout history, smallpox has been a scourge of mankind, and the virus remains the only communicable human disease successfully erased from nature, a miracle of organization and determination. There is only one way it can reappear, and that is in a weaponized form from a nation or group bent on mass catastrophe and worldwide havoc. The results of any dissemination would automatically be classified as a crime against humanity. This resolution to destroy all samples was successfully filibustered by Iran. It is not surprising that a country which for more than a decade has sought to develop a nuclear capability would also be seeking a biological weapon. What was surprising was Saudi Arabia, one of Iran’s staunchest opponents, declaring that it “strongly disagreed” with the United States' position.

Why would the kingdom abandon its most important ally to support a nation that for the past 30-plus years has been considered its archenemy? Could it be that Saudi Arabia is also developing biological weapons?

The most perplexing unanswered question remains: Why would the United States engage in a cover-up?
I would love to have some answers to the questions raised by Senator Graham. He was co-chair of the Joint Inquiry into Intelligence Community Activities before and after the Terrorist Attacks of September 11, 2001 or 'JIICATAS911" is the official name of the inquiry conducted by the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence into the activities of the U.S. Intelligence Community in connection with the September 11, 2001 attacks beginning in February 2002, with the final report released in December 2002.

It is hard to have confidence in a "transparent" government when fundamental questions like these go unanswered for ten long years. The go unanswered whether there is a Republican administration or a Democratic administration. Very strange.

Saturday, July 9, 2011

America's Wars

In an article on TomDispatch.com, Tom Engelhardt writes a preface to an article about the blurring of warmaking by civilian and military organizations within the American government with and without Congressional oversight. Engelhardt notes that there are now six wars being conducted by the US:
With the latest news (revealed last week by the New York Times) that the U.S. has launched a significant “intensification” of its secret air campaign against Yemeni tribesmen believed to be connected with al-Qaeda, the U.S. is now involved in no less than six wars. Count ‘em, if you don’t believe me: Iraq, Afghanistan, Pakistan, Yemen, Libya, and what used to be called the Global War on Terror.

In anyone’s book, that certainly qualifies as a working definition of “endless” war, but that doesn’t mean endlessly the same kind of war. Let’s look at this, war by war:

Iraq: Now largely the dregs of a counterinsurgency operation, this war will not end in 2011. At his confirmation hearings, for instance, Panetta cited the existence of al-Qaeda in Iraq as a reason for U.S. troops to remain beyond an agreed-upon year-end withdrawal date. Should those troops actually leave, however, the war will still go on, even if in quite a different form. A gargantuan, increasingly militarized State Department “mission” in that country, complete with its own “army” and “air force” of perhaps 5,100 mercenaries, will evidently keep the faith.

Afghanistan: This remains a full-scale U.S. Army-run counterinsurgency war, backed by a major special operations/CIA counterterror war.

Pakistan: A full-scale CIA-run drone war in the Pakistani borderlands is actually expanding. In the post-9/11 era, this has been the first of Washington’s “covert” or "shadow" wars (which no longer means “secret” -- it’s all over the news almost daily -- but something closer to “off the books,” as in beyond the reach of any form of significant popular or congressional oversight or accountability). Panetta is calling for more emphasis on such off-the-books wars in which U.S. military operatives might, as in the bin Laden operation, temporarily find themselves under the command of the CIA.

Libya: Officially a NATO air war, this one is nonetheless partially run by the Pentagon with targeting assistance from various U.S. intelligence agencies. It involves both direct U.S. air strikes and support for strikes by various NATO and Arab allies fronting the operation. It is also, for Americans, a “war” in name only since, except in the case of engine malfunction, there is essentially no way the Libyans can harm a U.S. pilot. It is also an example of another air war that, while destructive, has proven itself incapable of fulfilling its stated aims. Months later, Gaddafi remains alive and more or less in power, while NATO flags.

Yemen: Another of those “covert” air wars, being run, according to the Times, by the Pentagon’s Joint Special Operations Command, closely coordinated with the CIA out of a secret office in the Yemeni capital.

The Global War on Terror: While the Obama administration officially discarded the Bush-era name, it expanded the war and the forces meant to fight it in places like Somalia. U.S. special operations forces now pursue war-on-terror tasks in at least 75 countries and who knows how many CIA and other intelligence agents are involved as well.

Think of all this as a kind of mix-and-match version of war that increasingly integrates civilian branches of the government like the State Department, an ever more warlike CIA (once known as “the president’s private army”), the regular Army, Marines, and Air Force, ever-growing drone air power (split between an officially civilian intelligence agency and the military), and a secret combined military force of perhaps 20,000 special operatives.
The blurring of legal military with black-ops, off the books, invisible to Congressional oversight war fighting bothers me. Rome fell because it became reliant on barbarian troops loyal to their general and not to Rome. This new scheme of "private armies" in the US strikes me as a step down a slippery slope.

The TomDispatch.com blog proceeds with an article entitled "Siamese Twins Sharing the Same Brain
How the Military and the Civilian Are Blurring in Washington" written by William J. Astore that explores this "new reality":
I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.

In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).

Yes, you’ve guessed it: it’s not a fairy tale, or at least not completely. It’s the United States -- an older America that, despite a decidedly checkered and often imperial past, was nevertheless proud of its reluctance to fight, but steadfast in its commitment to win once it decided that battle was the course of action. Even then, this America remained resolute in its reluctance to embrace a military ethos or bow down before military gods, committed as it was to civilian primacy and the avoidance of a large standing army.

Paradoxically, the last vestiges of this America could still be seen some 50 years ago under President Dwight D. Eisenhower, himself a retired five-star general, who tried with varying degrees of success to limit defense spending, and who famously warned in his farewell address in 1961 of the dangers of a surging “military-industrial complex.”

...

How times have changed. In the post-9/11 world, a far more insidious problem confronts us. That gap, if it ever existed, is no more. Instead, at the highest levels, what’s civilian and what’s military are increasingly difficult to tell apart as the two spheres blur and blend.

...

Military leaders are now regularly put in charge of previously civilian intelligence agencies, as in the case of General David Petraeus, now nominated to leave the Afghan battlefield and become director of the Central Intelligence Agency.

Civilian agencies now militarize themselves and wage war (as the CIA has done or is doing in various drone wars in the Greater Middle East, often in conjunction with the military). America’s part-time citizen-soldiers have morphed into full-time warriors and warfighters, if not the equivalent of foreign legionnaires. America’s civilian embassies continue to morph into so many militarized fortresses protected by armed mercenaries.

...

The end result of this militaristic mindset is a garrison state, constantly girding itself for national security crises, real or perceived, as in the last decade’s open-ended and frantic “war on terror.”
It is well worth your time to go read the whole article.

Tuesday, June 21, 2011

The Government's Role in the Economy

Here is the opening bit from an excellent article in Business Week by Hernando de Soto:
During the second half of the 19th century, the world's biggest economies endured a series of brutal recessions. At the time, most forms of reliable economic knowledge were organized within feudal, patrimonial, and tribal relationships. If you wanted to know who owned land or owed a debt, it was a fact recorded locally—and most likely shielded from outsiders. At the same time, the world was expanding. Travel between cities and countries became more common and global trade increased. The result was a huge rift between the old, fragmented social order and the needs of a rising, globalizing market economy.

To prevent the breakdown of industrial and commercial progress, hundreds of creative reformers concluded that the world needed a shared set of facts. Knowledge had to be gathered, organized, standardized, recorded, continually updated, and easily accessible—so that all players in the world's widening markets could, in the words of France's free-banking champion Charles Coquelin, "pick up the thousands of filaments that businesses are creating between themselves."

The result was the invention of the first massive "public memory systems" to record and classify—in rule-bound, certified, and publicly accessible registries, titles, balance sheets, and statements of account—all the relevant knowledge available, whether intangible (stocks, commercial paper, deeds, ledgers, contracts, patents, companies, and promissory notes), or tangible (land, buildings, boats, machines, etc.). Knowing who owned and owed, and fixing that information in public records, made it possible for investors to infer value, take risks, and track results. The final product was a revolutionary form of knowledge: "economic facts."

Over the past 20 years, Americans and Europeans have quietly gone about destroying these facts. The very systems that could have provided markets and governments with the means to understand the global financial crisis—and to prevent another one—are being eroded. Governments have allowed shadow markets to develop and reach a size beyond comprehension. Mortgages have been granted and recorded with such inattention that homeowners and banks often don't know and can't prove who owns their homes. In a few short decades the West undercut 150 years of legal reforms that made the global economy possible.
There is much, much more. Go read the whole article.

The right wing political push to deregulate the economy has created a new era where nobody knows who owns what or what anything is worth. Government provides the legal matrix within which business can be contracted, but right wing ideologues have spent the last 40 years destroying that matrix by claiming it was "bureaucratic red tape":
When then-Treasury Secretary Henry Paulson initiated his Troubled Asset Relief Program (TARP) in September 2008, I assumed the objective was to restore trust in the market by identifying and weeding out the "troubled assets" held by the world's financial institutions. Three weeks later, when I asked American friends why Paulson had switched strategies and was injecting hundreds of billions of dollars into struggling financial institutions, I was told that there were so many idiosyncratic types of paper scattered around the world that no one had any clear idea of how many there were, where they were, how to value them, or who was holding the risk. These securities had slipped outside the recorded memory systems and were no longer easy to connect to the assets from which they had originally been derived. Oh, and their notional value was somewhere between $600 trillion and $700 trillion dollars, 10 times the annual production of the entire world.
The right wing mania to "let business get on with it" under the blinkered notion that business management is smart enough to look after its own interest and avoid pitfalls and mistakes has been shown to be a misguided delusion. The past is littered with stories of business that made bad decisions that run the enterprise into a brick wall. In the current crisis, the banking industry has "unburdened" itself of the legalities of maintaining ownership records in its rush to securitize mortgages:
Banks that have tried to foreclose on nonperforming mortgages have discovered that in many cases they can't collect the debts. Why? Because some companies that pooled, packaged, and converted those mortgages into liquid securities had dispensed with the usual procedures to record mortgage owners and passed the property to a shell company called MERS, which pretended to own the mortgages. The intent was to streamline what many real estate experts recognize are outdated, disaggregated, and cumbersome processes. The result, however, is that today, says professor Christopher L. Peterson of the University of Utah, "about 60 percent of the U.S.'s residential mortgages are now recorded in the name of MERS rather than the bank, trust, or company that actually has a meaningful economic interest in the repayment of the debt. For the first time in the nation's history, there is no longer an authoritative, public record of who owns land in each county."

Already the lack of facts is being felt around the U.S.: Courts from Kansas to New York have decided that foreclosures have been improper, and some authorities can't figure out whom to tax. Without facts, credit will continue to be scarce, the value of bonds backed by mortgages will be at best doubtful, the value of houses is likely to slide further, foreclosure backlogs should increase, and banks will see their balance sheets burdened by more nonperforming paper.
Under the rightward drift of the last 40 years, the America's "rule of law" has been replaced by do-it-yourself legal exceptionalism as big money has corrupted politics and the judiciary. As de Soto points out, the US is very much like the legal "badlands" of the post Communist countries:
When the recession sent the prices of financial holdings spiraling downward, some banks and financiers were exempted from the U.S.'s long-established "mark-to-market" accounting standards, which force firms to report the value of their assets at current market prices. It's reasonable to establish value other than through market prices, according to proponents, if the market is unusually depressed. But such a privilege creates the ability to destroy facts by hiding losses, increasing the price of assets to levels at which no one will buy. In the U.S., the Financial Accounting Standards Board and the Securities and Exchange Commission are reviewing accounting rules, while Congress has been holding hearings on the subject. Meantime, businesses are left to figure out reality on the basis of connections, influence, and private information. Just like we do in developing and former communist countries.
Corruption has become endemic and even after the fiasco of the spectacular bankruptcies of the dot.com bubble, the legal system has not yet fixed the lawlessness:
The modern balance sheet can be traced to Luca Pacioli, the 15th century mathematician and father of accounting. In the 1990s governments began destroying Pacioli's legacy by allowing companies in financial difficulty to pass facts concerning debts from their public balance sheet to a less visible memory system called a special purpose entity (SPE) (or to sweep debt information into the balance sheet's footnotes in words so obtuse that the statements cease being factual). Such "off-balance-sheet accounting" makes companies appear more profitable, despite their debts. By the time Enron closed its doors in 2002, it had created some 3,500 SPEs.

According to Frank Partnoy, a professor of securities law at the University of San Diego and one of the most insightful observers of the financial crisis, "abusive off-balance-sheet accounting" was its major cause. Yes, the Sarbanes-Oxley reforms were an effort to counter such abuses, and principles-based accounting where companies are told what they can do rather than how to do it may be steps in the right direction. But until we get the facts, we won't know what to repair.
The political right has walked society off a cliff with its ideological attacks upon the proper role of government that undermined the rule of law in the interest of short term greed:
We are now staring at a legal and political challenge. A legal challenge because American and European governments allowed economic activity to cross the line from the rule-bound system of property rights, where facts can be established, into an anarchic legal space, where arbitrary interests can trump facts and paper swirls out of control. The rule of law is much more than a dull body of norms: It is a huge, thriving information and management system that filters and processes local data until it is transformed into facts organized in a way that allows us to infer if they hang together and make sense.

Mainly, though, it's a political challenge. Politicians must raise the financial crisis to commanding heights, where the entrenched institutional problems of a failing order can be addressed. Markets were never intended to be anarchic: It has always been government's role to police standards, weights and measures, and records, and not condone legalized sleight of hand in the shadows of the informal economy. To understand and repair one of mankind's greatest achievements—the creation of economic facts through public memory—is the stuff of nation-builders.
Sadly Obama has not yet faced up to the depth and breadth of the crisis he was handed when the economy collapsed at the end of the eight years of misrule by George Bush. Obama's timid actions stopped the collapse, but the economy continues to just tread water waiting for the rule of law to be reintstated. Obama and his economic advisors have not yet recognized the nature of the beast they are dealing with. Hopefully sooner, rather than later, Obama will wake up and undertake the changes to reinstitute sound government, a government dedicated to the rule of law and clearly understands its role in providing regulated and fair playing field on which businesses can compete.

Sunday, June 12, 2011

Something More Important than Weiner's Wiener

I get annoyed with how the media finds silly stuff, minor stuff, personal stuff far more important than really important political and economic stuff. There are 14 million people without jobs. That means there are roughly 30 million people hurting badly, struggling to put food on the table, or to keep a roof over their head. But the press makes all the time in the world for stories about immature idiots who sexting.

Here is a post by Paul Krugman which puts this in its place:
The Case of the Mystery Study

Oh, wow. From Greg Sargent:
The other day, the consulting company McKinsey released a startling study claiming that 30 percent of employers are planning to stop giving health insurance to their workers as a result of the Affordable Care Act. The study received a good deal of press coverage and was widely bandied about by conservative politicians and media outlets as proof that conservative warnings about the law are coming to pass.

But as a number of critics were quick to point out, McKinsey’s finding is at odds with many other studies — and the company did not release key portions of the study’s methodology, making it impossible to evaluate the study’s validity.

There’s now been a new twist in this story.

I’m told that the White House, as well as top Democrats on key House and Senate committees, have privately contacted McKinsey to ask for details on the study’s methodology. According to an Obama administration official and a source on the House Ways and Means Committee, the company refused.
One has to assume that there was something terribly wrong with the study. At any rate, nobody should be citing it until or unless McKinsey comes clean.

Oh, and if you ask me, this is a lot more important than some sex scandal.

Update: The plot thickens. Brian Beutler reports:
But multiple sources both within and outside the firm tell TPM the survey was not conducted using McKinsey’s typical, meticulous methodology. Indeed, the article the firm published was not intended to give the subject matter the same authoritative treatment as more thorough studies on the same topic — particularly those conducted by numerous think tanks, and the Congressional Budget Office, which came to the opposite conclusion. And that’s created a clamor within the firm at high levels to set the record straight.

“This particular survey wasn’t designed in away that would allow it to be peer review published or cited academically,” said one source familiar with the controversy.

All sources were granted anonymity, in order to be able to speak candidly about the controversy.

Reached for comment today, a McKinsey spokesperson once again declined to release the survey materials, or to comment beyond saying that, for the moment, McKinsey will let the study speak for itself. However, McKinsey notes that the survey is only one indicator of employers’ potential future actions — that the conclusions remain uncertain and employers’ future decisions will ultimately depend on numerous variables. The three authors of the report were not immediately available for comment.

Another keyed-in source says McKinsey is unlikely to release the survey materials because “it would be damaging to them.”

Both sources disagree with the results of the survey, which was devised by consultants without particular expertise in this area, not by the firm’s health experts.
This is a scandal. McKinsey is obviously putting together political propaganda to sabotage the Democrat's health care bill by putting out a rumour that private companies were abandoning their health care plans. This kind of "dirty tricks" campaign is sleazy. It should be getting top billing. But nope. The "media" has decided that idiotic can't-keep-it-in-their-pants behaviour deserves top billing. Oh, and the media has joined the pitchforks-and-torch crowd wanting to "string 'em up!"

Funny... here is a list of Republican Congressional sex scandals over the last half dozen years. In none of these cases did the Republicans mount a campaign screaming "you must resign!" and the media didn't join in hounding the legislator out of office. Why the uneven behaviour? Why is Weiner selected for "special treatment"?
  • Chris Lee – was sexting pictures of himself, but he removed himself too quickly to let much public outrage build (this is the closest to the Weiner scandal)

  • Mark Souder – had an affair with a staffer

  • Chip Pickering – had an affair, didn’t resign, but chose not to run in the next election

  • John Ensign -- he not only had an affair with a staffer, but he had his parents pay hush money to the husband!

  • Vito Fossella – guilty of drunk driving, having extramarital sex, and fathering a bastard

  • Larry Craig – caught for lewd behaviour in an airport restroom (he claims it was all a misunderstanding about his desire to have a ‘wide stance’), this was attempting to procure gay sex by a politician who publicly called for laws against gays!

  • Mark Foley – who sent text messages to underage boys (like Weiner, but worse because it was both underage and it was “gay” sex which of course Foley publicly said was “unacceptable behaviour since the official stance of the Republican party is anti-gay)

  • Ed Schrock – solicited sex from a male prostitute

  • Don Sherwood – had an extramarital affair and on top of that he physically abused the woman!

  • David Vitter - had an extramarital affair and his name was in the little black book of the infamous Washington DC madam Deborah Jeane Palfray while selling himself as a "family values" man who was for "abstinance education" and against gay marriage.
The above is taken from this long, long list of sex crimes by both Republican and Democratic parties.

For the braying crazies hot on Anthony Weiner's case:
  1. Polls show that his constituents want him to stay in office and to continue to represent him. For anybody other than a constituent to try and deny the democratic rights of those citizens to be represented by a person of their own choice fails to understand the principles of democracy and the Constitution of the US.

  2. All those Christian "family values" types who want to crucify Anthony Weiner should pull out their Bibles and read John 8:7 "If any one of you is without sin, let him be the first to throw a stone at her." Hypocrites!
Why can't the media perform its real job: inform the public on important issues so that the electorate can wisely choose its representatives? Why feed the salacious in-the-gutter mind of the lowest common denominator? Why join in a partisan, one-sided attack? Why distract the electorate with a stupid sex scandal when much more important issues affecting 30 million people immediately that the whole society indirectly (via the recession and collapsing economy)?

Wednesday, June 1, 2011

Krugman Spots the Real Rand Paul

I love it when the wing-nut wing of the Republican party gets caught out. Here is a post by Paul Krugman on his NY Times blog pointing out that "libertarian" Rand Paul isn't so big on "liberty":
Think Progress listens to Rand Paul, self-proclaimed defender of individual liberty, who believes that Americans should be imprisoned for listening to speeches:
PAUL: I’m not for profiling people on the color of their skin, or on their religion, but I would take into account where they’ve been traveling and perhaps, you might have to indirectly take into account whether or not they’ve been going to radical political speeches by religious leaders. It wouldn’t be that they are Islamic. But if someone is attending speeches from someone who is promoting the violent overthrow of our government, that’s really an offense that we should be going after — they should be deported or put in prison.
He’s not unusual. There are genuine libertarians out there. But political figures who talk a lot about liberty and freedom invariably turn out to mean the freedom to not pay taxes and discriminate based on race; freedom to hold different ideas and express them, not so much.
I guess Rand Paul hasn't heard of the freedom of thought, i.e. you can have any thought you please so long as it doesn't hurt others. Since the US Bill of Rights presumed such a right as so basic that it didn't bother to include it while it included rights to speech, press, assembly, religion, etc. But if the state can jail you because you heard something and it is still rattling around in your head, but you haven't acted on it, then that is the essence of a "police state". Rand Paul shows his "libertarian" credentials by endorsing a police state of the US. Go team Tea Party!

Saturday, May 28, 2011

Political Rights in America

The US loves to flaunt its "freedoms" that are Constitutionally "protected". Here is an example of "freedom in action"...



I love it when the cop says "I can do whatever I want" as he arrested a CBC camera man covering a peaceful protest by citizens in Newark, New Jersey about street shootings that have left innocent people dead. The "law" in the US says you have the right to assemble peacefully, but apparently the police are unaware of this "fact". They obviously haven't heard of the US Constitution and its 1st Amendement:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Under the Newark N.J. police interpretation of citizen "rights", you have a right to try to peacefully assemble for redress of grievances, but if you actually get onto the street, then the police can "do whatever they want" and arrest you, manhandle you, throw you into jail, etc. So much for "freedoms" and "rights" in America.

Saturday, May 21, 2011

Thoughts on American Democracy

Here are some sad, pessimistic thoughts on American democracy by Matt Taibbi in an interview for Vice magazine. I've bolded the key bit:
You were in Russia for several years working for The Exile. Are we beginning to resemble the Russian class system? The wealthy oligarchs who rule everyone yet no one does anything about it?

I think there’s an argument to be made that we’re heading in that direction. That’s certainly not an idea that’s original to me.

It’s just more apparent now.

Sure, sure. There’s a guy at MIT, Simon Johnson, who used to be an IMF executive. He worked with developing third world economies and dealt with the whole issue of third world corruption for a long time. He wrote—from personal experience—about what he saw then and what he sees now with the financial services industry, and he basically says that we’re going down the same path. He sees a lot of the same things happening, such as the co-opting of the mainstream media and the corporate regulatory capture where you have former financial services industry employees running the regulatory agencies. I don’t think it’s on the same scale, but there are characteristics of it for sure.

Your opinion and, quite frankly, your distaste with your subjects comes through very strongly in your writing.

Right. Some journalists think you shouldn’t bring your personal feelings to a story. I definitely see that point of view and that approach, but I don’t follow it. I think one of the ways you can help a reader understand a topic is by first letting them know who you are and what your values are, and then showing them how you respond to the material. So me writing about how much X, Y, or Z pisses me off helps readers understand what’s important and what isn’t.

Do you still follow Russian politics? They’re gearing up for an election. I tend to envision Putin placing Medvedev on a platter and eating him on live television, or something of the sort.

They’re just your basic third-world kleptocracy—which is where everybody is headed. Well, everybody who still has a functioning government.

Elaborate.

I think people are going to realize what a blip on the radar American-style democracy in the 20th century was. A big middle class that had a huge powerbase, financial interests, bosses giving benefits… all those things. It’s just a little blip in history. For the most part, concentrated wealth will make all the decisions and everybody else is dictated to. It’s going to be like that to varying degrees. The more corrupt it is the more it’s heading in that direction, and clearly a place like Russia is a very corrupt place.
I don't share this bleak perspective. I'm an a pessimistic optimist. I believe in democracy in the sense of Churchill: it is a bad system but better than all the rest. I think that with democracy the people will ultimately arise and "throw the bums out". It just takes a long time for a large mass of people to be aroused to the point of anger. It took about eight years for Americans to become disgusted with the Vietnam war. It has taken about thirty years for Americans to become disgusted with Reaganomics "trickle down" theories. That is far too slow for the impatient types. But all "faster" means of change result in worse government, more vile dictatorships of right and left. Only maddeningly slow democracy has a built-in lethargy that has the best promise of ultimately saving individual rights and delivering a true civil society based on justice and dignity and rule of law.

Tuesday, May 17, 2011

Maureen Dowd Roughs Up Strauss-Kahn

Here is a bit from an article in the NY Times by Maureen Dowd taking the reprobate Dominique Strauss-Kahn to task for raping "the help" at a high priced hotel:
Was the chief of the International Monetary Fund telling other countries to tighten their belts while he was dropping his trousers? Lawyers for the 62-year-old Frenchman, who had been a leading Socialist prospect to run against Nicolas Sarkozy next year, seem ready to rebut any DNA evidence by arguing that sex with the maid who came in to clean his room was consensual.

Will they argue that she wilted with desire once she realized Strauss-Kahn had been at Davos?

Jeffrey Shapiro, the maid’s lawyer, angrily rebutted that there was “nothing, nothing” consensual about the droit du monsieur. (It was not a “come in and see my monetary fund” kind of thing.)

“She is a simple housekeeper who was going into a room to clean a room,” Shapiro told The Times. He called the devout Muslim woman from the Bronx “a very proper, dignified young woman” and said “she did not even know who this guy was” until she saw the news accounts.

Strauss-Kahn’s French defenders are throwing around nutty conspiracy theories, sounding like the Pakistanis about Osama. Some have suggested that he was the victim of a honey-pot arranged by the Sarkozy forces.
Go read the whole article to savour every jibe and jab as she deflates this hyper-inflated ego for his lechery and vicious disregard of the rights and dignity of "the little people". Strauss-Kahn is a symbol of today as the billionaires and millionaires aggrandize power that lets them rise, in their minds, above the long arm of the law. We are their playthings. The are the lords of this new world which has been carefully arranged to give the ultra-rich complete dominance over the rest of us.

Here is the new reality as characterized by Dowd:
In Washington, they have now nicknamed the street that separates the I.M.F. and the World Bank, where Paul Wolfowitz lost his job over financial hanky-panky with his girlfriend, the Boulevard of Bad Behavior.

These are the two institutions that are globally renowned for lecturing the rest of the world on discipline and freedom, when it’s the West that’s guilty of recklessness and improvident behavior. First in finance, then in sex.

People who can’t keep their flies zipped lecturing other people.
Here she points out that the rise to dominance of the ultra-rich has led them to ultra-outrageous behaviour:
Another famous European with a disturbing pattern of sexual aggression got in trouble over the help this week: The ex-governor of California, who got elected after his wife, Maria Shriver, defended him so eloquently against groping charges.

Arnold Schwarzenegger was also guilty of the raw assertion of male power. More than mere infidelity, The Sperminator was caught on lying and piggishness, having a son with a staffer around the same time Maria had their youngest son, who is now 13. He kept the staffer on the payroll and sometimes even brought the son Maria didn’t know about into the house. No wonder Maria fled to a Beverly Hills hotel.

We’re always fascinated with the contradiction that cosmopolitan, high-powered, multilingual people can behave in such primitive ways. But civilization and morality have nothing to do with sophistication and social status.
I'm hoping that "the little people" get tired of being kicked around by the Leona Helmsley's of this world, famous for her quote:
We don't pay taxes. Only the little people pay taxes...
Which was an outcome of this sordid crime:
Following allegations by unpaid contractors that work done on her home had been charged to her company, she was investigated and convicted of federal income tax evasion and other crimes in 1989. Although having initially received a sentence of 16 years, Helmsley was required to serve only 19 months in prison and two months under house arrest. Helmsley's fate was sealed when a former housekeeper testified during the trial that she had heard Helmsley say: "We don't pay taxes. Only the little people pay taxes...", a saying that became notorious and was identified with her for the rest of her life.
Rape "the help", refuse to pay "the help", demand that the "little people" keep lowering taxes on the rich, allow the rich to buy politicians and ignore the law, etc. This is the brave new world that the "Reagan revolution" has unleashed on the world. A new Gilded Age with the ultra-rich rampant, aggressive, mean, and uncontrolled.

Update 2011jul3: There is a very nice follow-up article by Maureen Dowd entitled "When a Predator Collides With a Fabricator" that looks at the state of this case once the lies of the accuser became public.

Thursday, May 5, 2011

Finally, A Gutsy Company Says "No" to the Endless Demands of "Security"

From BoingBoing and my favourite blogger/novelist Cory Doctorow:
Mozilla tells DHS: we won't help you censor the Internet

Cory Doctorow at 2:43 PM Thursday, May 5, 2011

The US Department of Homeland Security has asked the Mozilla Foundation to take down the "Mafiaa Fire" plugin, which automatically redirects browsers to the new URLs for sites that have had their .com and .net addresses seized in the latest round of the copyright wars. The Mozilla Foundation has firmly refused.

However, where ICE might have expected a swift take down from Mozilla, the legal and business affairs department of the tech company was not planning to honor the request so easily.
"Our approach is to comply with valid court orders, warrants, and legal mandates, but in this case there was no such court order," Anderson explains.

According to Anderson complying with the request without any additional information would threaten open Internet principles. So, instead of taking the add-on offline they replied to ICE with a set of 11 well-crafted questions.
Homeland Security Wants Mozilla to Pull "Domain Seizure" Add-On

Mozilla's questions to the DHS
History shows that trends change when somebody finally stands up to the bully and says "enough".

Copyright fights are over property rights and have nothing to do with "security" so Homeland Security has no business trying to enforce some copyright claim by making sure that browsers don't let people go to a site where the material is available. The Justice Department and the Courts are the appropriate tools for pursuing a property right claim.

Monday, January 24, 2011

Scott Adams is "Out to Lunch"

I usually enjoy posts by Scott Adams, creator of the cartoon Dilbert, on his blog. But from time to time he lets his idiotic "libertarian" silliness slip out. Today he has posted something outrageous. It simply misunderstands democracy. It shows an idolatry of "corporations" which is odd coming from the cartoonist who lampoons the idiocy of big companies:
Freedom of Data

You and I learned in school that freedom of speech is a fundamental right that all people should enjoy. There's a practical reason for that. Without freedom of speech, governments and other moneyed interests would be in a position to abuse their power even more than they already do. And obviously voters need uncensored information in order to shape their government. Democracy only works when citizens and the media enjoy freedom of speech.

But what if freedom of speech is only a benefit in a democratic system?

China's system, as I have written before, reminds me more of a corporate structure, or a meritocracy. In a corporation, you're generally free to disagree with higher ups if you do it with data, and in a professional manner. Usually you need to go through proper channels, but dissent is generally allowed, and sometimes actively encouraged. If you're a jerk about your disagreement with your superiors, or you don't have persuasive data to back up position, you could get fired. But that's a stupidity issue, not a freedom issue.

China's leadership is packed with engineers and lawyers by training. I imagine that like any corporation, they appreciate the value of information when presented in a professional manner, and through proper channels. Unlike elected politicians, managers in a meritocracy are free to change position as new or better data emerges. The advantage of having only one political party is that everyone is on the same team. And if effectiveness is the goal, which apparently it is in China, I assume that new data is generally welcome.

An American politician is likely to lose his next election if he "flip flops" on an issue, even if the reason for the change is that new information has emerged. In that environment, practical politicians simply take the position that their party has established, confident that the free media will present both sides of every argument regardless of where the data leads. A free press has the perverse effect of increasing the volume of information while simultaneously reducing its usefulness.

A free press is also a huge distraction. I would imagine that at least half of all the time and effort our elected officials put into their jobs has something to do with managing the media. Compare that to a corporate system in which managers are also concerned with image, but they focus most of their energy on getting the job done. I imagine that Chinese leaders have a similar freedom to act in accordance with data. And I imagine they spend little or no time worrying about how the media will treat them, since they control it.

What about the jailing of dissidents in China? On a human level, it certainly feels wrong to imprison someone simply for speaking out. It feels even more wrong when the dissident's only goal is to improve the lives of his or her fellow citizens. And it seems pure evil if the dissident has valid criticisms.

But what if the dissidents themselves are the ones who have it wrong? Suppose a dissident is stirring up public emotions in a direction that could be detrimental to the interests of a billion fellow citizens? Suppose, for example, the dissident is agitating for freedom of speech, a right that would be fitting for a democracy, but would be nothing but trouble - perhaps serious trouble - in the Chinese system. In that case, should the Chinese leadership value the freedom of this one individual over the wellbeing of a billion others? What would Spock say?

I'd like to be perfectly clear that I know almost nothing about the Chinese system, and absolutely nothing about any particular dissidents. My emotional reaction is that no one should be in jail for voicing an opinion. But the rational side of me doesn't have any data to support the notion that the Chinese people would be better off with complete freedom of speech, especially since we know that free speech encourages leaders to ignore data.

America has freedom of speech. China has freedom of data. Where do you place your bet?
Why is the above outrageous? Because it presents an idiotic idolization of corporations as benevolent, efficient, rational institutions. But his cartoons work because they poke fun at the incompetence and stupidity of organizations. In the above post he makes this completely ridiculous claim:
The advantage of having only one political party is that everyone is on the same team.
That doesn't pass the laugh test. Anybody who has worked inside a corporation knows that there is palace intrigue going on all the time with factions trying to topple to boss at the top. Even when they aren't out to get the boss, the incentive system in most corporations means that divisions will sabotage each other so they will "look better" at year end and get the big bonuses. People don't cooperate if they can see a way to chop off a competitor at his knees!

Tell the Tunesians that "having only one political party" is an advantage. They has a dictator at the top that made sure everybody was on the same "team". It was a team dedicated to looting the country. Worse, most governments are not "unified". Like all human institutions they are riven by rivalries and filled with incompetents. We are lucky that this was especially true of the Nazis, otherwise we would all be living under Scott Adams's ideal of a "competent" corporate overlord, our Fuhrer.

The point of "freedom of speech" is not to ensure that only highly educated, mentally competent, well organized people get to comment. It is a mechanism to allow those at the bottom of society to blow off steam and give warning signals to the elites that they are about to blow and that the elites better do something to make life for the oppressed a little easier or they could find their heads in a guillotine. Freedom of speech is the mechanism to assure what Winston Churchill saw as the strength of democracy:
Many forms of Government have been tried and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except all those other forms that have been tried from time to time.
Democracies are messy. They drive rationalists to despair. Surely there is some better "more rational" way to organize society. But the problem is that whatever organization you come up with, the guys at the top get power and power corrupts. You need a mechanism to let the oppressed to peacefully overthrow the corrupt elite. The best mechanism. A very weak and irrational and unpredictable mechanism is democracy. With the vote you can "throw out the bums". In Tunesia, you spend years rotting under a corrupt regime until some tragic even like Mohamed Bouazizi's suicide sparks protests, clashes, and deaths that finally force out the corrupt elite. This report from the NY Times:
The antigovernment protests began a month ago when a college-educated street vendor named Mohamed Bouazizi in the small town of Sidi Bouzid burned himself to death in despair at the frustration and joblessness confronting many educated young people here. But the protests he inspired quickly evolved from bread-and-butter issues to demands for an assault on the perceived corruption and self-enrichment of the ruling family.

The protesters, led at first by unemployed college graduates like Mr. Bouazizi and later joined by workers and young professionals, found grist for the complaints in leaked cables from the United States Embassy in Tunisia, released by WikiLeaks, that detailed the self-dealing and excess of the president’s family. And the protesters relied heavily on social media Web sites like Facebook and Twitter to circulate videos of each demonstration and issue calls for the next one.

...

In his last days Mr. Ben Ali cycled through a series of attempts to placate the protesters, firing his interior minister, pledging a corruption investigation, promising new freedoms and a resignation at the end of his term in 2014, and finally dismissing his whole cabinet.

But his promises did no more than the bullets or tear gas to dissuade the protesters from taking to the streets. After hearing Mr. Ben Ali promise in a televised address on Thursday night to stop shooting demonstrators, crowds began to gather outside the Interior Ministry along Bourguiba Boulevard early Friday morning. And when it became clear that the police were standing idle on sidelines, several thousands more joined them, a largely affluent crowd including doctors, lawyers, young professionals and others who said they had never protested before.

For the first time in the month of protests, large numbers of young women joined the crowd, almost none wearing any form of Islamic veil.

Many, accustomed to living under one of the region’s most repressive governments, were both excited and uneasy about their new sense of freedom. “We are too many now, we are too big, it is more difficult to silence us,” one woman said, grinning. “But for us it is new to talk. We are still a little bit scared,” she added, declining to give her name.
Democracy is a much, much, much better way to change corrupt governments.

But Scott Adams has shown himself to be an idiot by idolizing the Communist regime in China as the "way of the future". Well, I only hope that Scott Adams moves there to enjoy the "benefits" of that society with its block watches, its imprisonment with anybody or anything -- including religions -- that the ruling elite thinks threatens them. It would be appropriate for Adams to take up residence there only to find that the "leadership" doesn't approve of cartoons and he finds himself in prison for life for his "violation of social order". He would have years and years to appreciate the glories of efficient "corporatist" government in China.

OK... I realize that Scott Adams probably only wrote the above post to provoke people like me. He probably doesn't believe what he says. He has done it to simply "stimulate" discussion. But the problem I see is that too many people idolize Scott Adams and can't recognize a simple ploy to get attention and mistakenly assume that it is truly and honestly well thought out and a sincerely held view. It isn't. It is the morning hiccup from a cartoonist -- a libertarian cartoonist -- who fails to appreciate the deep roots of democracy and the utter failure of utopian dreams of "rationalizing" society. The 19th and 20th century are littered with the bodies of something like 200 million victims of "rational" utopian politics from the Nazis, Communists, Fascists, to bloody dictators like Saddam Hussein and petty tyrants in the US like Huey P. Long, Tammany Hall, Father Coughlin, the Chicago Democratic machine, Tom Pendergast's Democratic machine, etc.

It is so easy to assume that there is a "sugar daddy" out there who really, really wants to take care of you, give you good things, and removes all of life's burdens from your shoulders. But it isn't true. Democracy is messy, ugly, and a continuous struggle. But it is the only form of government that over the long haul gives the greatest good to the greatest number of people. It isn't perfect. But it is better than the rest, even the over-heated imagination of an "ideal" society by Scott Adams.

Friday, December 10, 2010

What About Wikileaks?

Here's a video (from the UK's Guardian newspaper) of supporters rallying in Australia:



Personally, I lie in the nuanced middle. The release by Wikileaks of videos kept secret by the US military about the deaths of a Reuters photojournalists and Iraqi civilians is reprehensible and I applaud Wikileaks for releasing this info.

I'm happy to fight for more transparency in government, but I don't believe that releasing diplomatic correspondence or military communications is the way to get "more open government".

On the other hand, it is outrageous that the US government is manipulating things to shut down Wikileaks servers, to shut down payment systems servicing Wikileaks, and to bullying the Swedish authorities (and Britain) into extradicting Julian Assange to Sweden from which he can then be whisked off to the US. And the idea that the US is going to indict Assange for "espionage" is completely bizarre. He's a middleman passing on information. He didn't "spy" on anything. If he is a "spy" then every media outlet in the US are spies, all government people and legislators are "spies" because they handle government "information" without explicit permission to read, talk about, write on, or deal with this information. Nutty!

Meanwhile, attacks on businesses by "supporters" of Julian Assange seem to me to simply be confusing the situation by mixing in quasi-criminal activity into an issue of free speech rights and policies on secrecy.

Thursday, December 9, 2010

Statement from Daniel Elsberg

Here is a bit from the San Francisco Chronicle with an interesting statement about Wikileaks from a group of people, one of whom is Daniel Elsberg of the Pentagon Papers fame:
WikiLeaks has teased the genie of transparency out of a very opaque bottle, and powerful forces in America, who thrive on secrecy, are trying desperately to stuff the genie back in.

How far down the United States has slid can be seen, ironically enough, in a recent commentary in Pravda (that's right, Russia's Pravda): "What WikiLeaks has done is make people understand why so many Americans are politically apathetic ... After all, the evils committed by those in power can be suffocating, and the sense of powerlessness that erupts can be paralyzing, especially when ... government evildoers almost always get away with their crimes. ..."

So shame on Barack Obama, Eric Holder, and all those who spew platitudes about integrity, justice and accountability while allowing war criminals and torturers to walk freely upon the earth. ... the American people should be outraged that their government has transformed a nation with a reputation for freedom, justice, tolerance and respect for human rights into a backwater that revels in its criminality, cover-ups, injustices and hypocrisies.

Odd, isn't it, that it takes a Pravda commentator to drive home the point that the Obama administration is on the wrong side of history. Most of our own media are demanding that WikiLeaks leader Julian Assange be hunted down -- with some of the more bloodthirsty politicians calling for his murder.
Here is the key Elsberg statement:
Ellsberg strongly rejects the mantra "Pentagon Papers good; WikiLeaks material bad." "That's just a cover for people who don't want to admit that they oppose any and all exposure of even the most misguided, secretive foreign policy. The truth is that EVERY attack now made on WikiLeaks and Julian Assange was made against me and the release of the Pentagon Papers at the time."
This statement goes on to speculate about the motive for the original leak. They propose something similar to what motivated Elsberg: if you are a good person trapped in a system doing evil, what can you do, other than spill the beans and let people know the evil silently going on:
Motivation? WikiLeaks' reported source, Army Pvt. Bradley Manning, having watched Iraqi police abuses, and having read of similar and worse incidents in official messages, reportedly concluded, "I was actively involved in something that I was completely against." Rather than simply go with the flow, Manning wrote: "I want people to see the truth ... because without information you cannot make informed decisions as a public," adding that he hoped to provoke worldwide discussion, debates and reform.
Here is their conclusion about the role of the media, a very similar role which the media played in the Vietnam war:
The media: again, the media is key. No one has said it better than Monsignor (Oscar) Romero of El Salvador, who just before he was assassinated 25 years ago warned, "The corruption of the press is part of our sad reality, and it reveals the complicity of the oligarchy." Sadly, that is also true of the media situation in America today.

The big question is not whether Americans can handle the truth. We believe they can. The challenge is to make the truth available to them in a straightforward way so they can draw their own conclusions -- an uphill battle given the dominance of the mainstream media, most of which have mounted a hateful campaign to discredit Assange and WikiLeaks.
There's more. Go read the whole article.

I'm conflicted. I believe governments need the ability to have "state secrets". But I also realize that secrecy is widely abused by government and that a democracy assumes a "informed public". You can't have secrets and have an informed public. So there is a mighty tension. There is a plague on both houses. Some secrecy is needed but more transparency is needed. I'm for the muddled middle. There needs to be far more transparency, but not to the extent that no conversations are private, no military plans secret, etc.