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March 2010
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Archive for the Politics Category

What Happened to Cramdown in Bankruptcy?

Yes, the Obama folks are looking for new ways to stop the erosion of the economy caused by the real estate bubble, and this short sale idea has some merit, but the better solution is to bite the bullet and amend bankruptcy statutes to allow judges in bankruptcy court to change the terms of the mortgages. This would allow homeowners to remain in their homes with payments based on their real values. It would cost the banks money, so banker bonuses could suffer, but hey, they made stupid loans, based on short term profits, commissions, and the ability to bundle and sell their stupid loans as if they were solid investments, the bankers should be relieved they are not going to jail on fraud charges. What are the chances of that?

clipped from www.nytimes.com
Program Will Pay Homeowners to Sell at a Loss

In an effort to end the foreclosure crisis, the Obama administration has been trying to keep defaulting owners in their homes. Now it will take a new approach: paying some of them to leave.

This latest program, which will allow owners to sell for less than they owe and will give them a little cash to speed them on their way, is one of the administration’s most aggressive attempts to grapple with a problem that has defied solutions.

More than five million households are behind on their mortgages and risk foreclosure. The government’s $75 billion mortgage modification plan has helped only a small slice of them. Consumer advocates, economists and even some banking industry representatives say much more needs to be done.

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Strict Construction and the Dred Scott Decision

SCOTUS says this is propertyOn March 6, 1857 the United States Supreme Court delivered the decision commonly known as Dred Scott. This catastrophically wrong-headed decision was firmly rooted in strict construction. If you have any doubts about the capacity of strict construction to subvert the fundamental values and continuing evolutionary application of these values to American life, read the coverage below and think about how the right of women to vote, own property, hold office and countless other basic rights that no one would challenge wilt under the application of strict construction combined with ideological goals.

Today, in the USA, we live in the aftermath of another Dred Scott quality decision - Citizens United - a decision that marries a corporate, profit-driven ideology with application of strict construction application of first amendment rights - the right of free speech to come to a new Dred Scott moment: today, the Supreme Court believes that corporations are persons and can spend as much money as they like to influence elections and legislation in the US.SCOTUS says this is a  person

In an obscene mirror image of Dred Scott, a decision that looked at a black man and said, that is not a human being, that is property, the Roberts Court looked at a legal fiction, a corporate charter, and said, that is a person with inalienable rights that must be protected.

If you want to do something about Citizens United, jump to www.movetoamend.org and sign up.

“I hope we shall… crush in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength and to bid defiance to the laws of our country.” ~ Thomas Jefferson, letter to George Logan. November 12, 1816

clipped from www.nytimes.com

Decision of the Supreme Court in the Dred Scott Case

The Ordinance of 1787 and the Missouri Compromise Declared Unconstitutional
Washington, Friday, March 6 - The opinion of the Supreme Court in the Dred Scott Case was delivered by Chief Justice Taney. It was a full and elaborate statement of the views of the Court. They have decided the following important points:

First - Negroes, whether slaves or free, that is, men of the African race, are not citizens of the United States by the Constitution.

Second - The Ordinance of 1787 had no independent constitutional force or legal effect subsequently to the adoption of the Constitution, and could not operate of itself to confer freedom or citizenship within the Northwest Territory on negroes not citizens by the Constitution.

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How is this not considered simple bribery? Illegal kickbacks?

The US has the best government that money can buy. Read all about it:

clipped from www.washingtonpost.com

In e-mails, lobbyists perceive ties between campaign cash, earmarks


Lobbyists and corporate officials talked bluntly in e-mail exchanges about connections between making generous campaign donations and securing federal funds through members of an important House Appropriations subcommittee, according to not-yet-public documents reviewed by ethics investigators.

In summer 2007, for example, senior executives at a small McLean defense firm tried to figure out which of them would buy a ticket to a wine-tasting fundraiser for Rep. James P. Moran Jr. (D-Va.), a member of the Appropriations subcommittee on defense. At the time, the company sought help from Moran’s office in securing contracts through special earmarks added to the defense bill.In an e-mail exchange, one senior officer said he didn’t understand why he had to attend the fundraiser when he didn’t even drink wine.

“You don’t have to drink,” Innovative Concepts’ chief technology officer, Andrew Feldstein, shot back in an e-mail. “You just have to pay.”

“LOL,” responded the other officer.

The fundraiser was hosted by the PMA Group, a powerful lobbying firm whose unusual success in obtaining “earmarked” contracts from members of the military subcommittee was a key focus of a recent House ethics investigation.

Moran raked in $91,900 in campaign checks to his personal campaign and leadership PAC that day. He secured an $800,000 earmark for Innovative Concepts in the 2008 defense appropriations bill.

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No Accountability for Yoo and Bybee

We may have hoped for a better result, but this is what we get.

Bybee and Yoo should be disbarred for their professional misconduct. The Justice Department has punted. Now there is only the unlikely disbarment process from the State Bar Associations.

We get terrible public policy if there is no accountability. These people provided legal cover for the US government to violate the Geneva Conventions and the Convention Against Torture.

One other option for accountability exists through prosecution through the International Criminal Court. That path would test the concept of American exceptionalism.

clipped from www.washingtonpost.com

How to keep future John Yoos under control


During the long years that the Justice Department was investigating Jay S. Bybee and John C. Yoo, it was tempting to view the torture memos as if they were momentary aberrations in the life of the modern presidency. But in clearing the Bush administration lawyers who authored the memos of all charges of unprofessional conduct, the department invites future John Yoos to rubber-stamp future presidential abuses at moments of (real or imagined) crisis.

The torture memos are an entirely predictable product of an institutional set-up that puts the meaning of national security law at the mercy of a politicized Office of Legal Counsel and a super-politicized legal staff in the White House. There is a compelling need to reform that structure.

Forty years ago, the Office of Legal Counsel was dominated by career lawyers. But by the time George W. Bush was elected, the office had only a handful of seasoned professionals, and all the leading positions were held by political appointees who, like Bybee and Yoo, were predisposed to support their president.

Given this political transformation, the exoneration of Bybee and Yoo creates a dangerous precedent. Consider the department’s discussion of the torture memo’s claim that the president, as commander in chief, can defy Congress’s statutory prohibition on torture and order the military or CIA to engage in any and all forms of abuse. The department concedes that Bybee and Yoo presented an “incomplete and one-sided” argument in support of this remarkable legal conclusion and that the next head of the OLC, Jack Goldsmith, found that this claim had “no foundation in prior OLC opinions, or in judicial decisions, or in any other source of law.”

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10 Years after Florida, 6 Years after Ohio, We Still Cannot Count The Votes

The results of elections tabulated by the computers are like an electronic ouija board without the check of a paper trail that can be used to keep the electronic counts honest.

It has been shown that the machines are easily and quickly hacked. So, let’s look at what Bev Harris at Black Box Voting is working on these days.

Thank you for your work, Bev

clipped from www.opednews.com

BIPARTISANLY YOURS: COAKLEY WON THE HAND COUNTS

This article is about our right to know, not about Martha Coakley or Scott Brown. And lest you think something here favors a Democrat, just you wait, I’m still working on anomalies in the NY-23 election that are just plain hard to ’splain. As Richard Hayes Phillips says when people tell him to forget it, “I’m a historian, I’ve got all the time in the world.” NY-23 still has history to be written. My public records are starting to arrive. But that’s another story.Back to Massachusetts, I think you have a right to know that Coakley won the hand counts there.
That’s right.
According to preliminary media results by municipality, Democrat Martha Coakley won Massachusetts overall in its hand counted locations,* with 51.12% of the vote (32,247 hand counted votes) to Brown’s 30,136, which garnered him 47.77% of hand counted votes. Margin: 3.35% lead for Coakley.
Massachusetts has 71 hand count locations, 91 ES&S locations, and 187 Diebold locations, with two I call the mystery municipalities (Northbridge and Milton) apparently using optical scanners, not sure what kind.
ES&S RESULTS
The greatest margin between the candidates was with ES&S machines — 53.64% for Brown, 45.31% for Coakley, a margin for Brown of 8.33%. It looks like ES&S counted a total of 620,388 votes, with 332,812 going to Brown and 281,118 going to Coakley. Taken overall, the difference — 8.33% Brown (ES&S) added to 3.35% Coakley (Hand Count) shows an 11.68% difference between the ES&S and the Hand Counts. Of course, as Mark Twain used to say, there are three kinds of lies: Lies, damned lies, and statistics. These statistics don’t prove anything, and probably shouldn’t be discussed without a grain of salt handy before examining more detailed demographics.
As a point of reference, however, in the Maine gay marriage issue recently there was no significant overall difference between machine count and hand count locations.
DIEBOLD RESULTS

Diebold’s results are 51.42% for Brown, with 791,272 Republican votes counted by Diebold, vs. 47.61% for Coakley, with 732,633 Democratic votes counted by Diebold, for a spread of 3.81% favoring Brown.
LATE-REPORTED RESULTS
It’s always interesting to watch hand counts beat machine count results to the newspaper.
In the Massachusetts special senate election, results from six of 71 hand count locations were reported about 2 1/2 hours after the polls closed, with the remaining 65 hand count locations in right away. The slower hand count results represent 8.45% of all hand count locations.
These latecoming hand-counted results favored Coakley very heavily (she got 55.68% of these, earning 4,610 votes to Brown’s 42.9%, representing 3,552, a 12.78% margin) Whether the reports came to the media late or the media posted them late is unclear.

Read more at oped news or go right to black box voting.

http://www.blackboxvoting.org

Bev Harris is executive director of Black Box Voting, Inc. an advocacy group committed to restoring citizen oversight to elections.

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Obscenity of Wealth

I don’t know what a person should do if they have booked a cruise to Haiti and end up there right now, but the picture and idea of these comfortable people “cutting loose” and “buying trinkets” at the same time that Haitians are trying to recover and bury bodies from the rubble looks obscene to me.

I don’t see a cruise ship trip in my life. The socio-economic policies of oppression and exploitation are just too close to the surface for this distraction to work for me.

clipped from www.guardian.co.uk

Cruise ships still find a Haitian berth

Luxury liners are still docking at private beaches near Haiti’s devastated earthquake zone for holidaymakers to enjoy the water

haiti CRUISE SHIP

Royal Caribbean Cruise Lines faced a difficult decision over whether to dock as per itinerary at Labadee Beach, Haiti after last week’s tragic quake. Photograph: Daniel Morel/AP

Sixty miles from Haiti’s devastated earthquake zone, luxury liners dock at private beaches where passengers enjoy jetski rides, parasailing and rum cocktails delivered to their hammocks.
The 4,370-berth Independence of the Seas, owned by Royal Caribbean International, disembarked at the heavily guarded resort of Labadee on the north coast on Friday; a second cruise ship, the 3,100-passenger Navigator of the Seas is due to dock.

The Florida cruise company leases a picturesque wooded peninsula and its five pristine beaches from the government for passengers to “cut loose” with watersports, barbecues, and shopping for trinkets at a craft market before returning on board before dusk. Safety is guaranteed by armed guards at the gate.

To their credit, some of the cruise ships passengers were uncomfortable with their situation.  Read on:

The decision to go ahead with the visit has divided passengers. The ships carry some food aid, and the cruise line has pledged to donate all proceeds from the visit to help stricken Haitians. But many passengers will stay aboard when they dock; one said he was “sickened”.

“I just can’t see myself sunning on the beach, playing in the water, eating a barbecue, and enjoying a cocktail while [in Port-au-Prince] there are tens of thousands of dead people being piled up on the streets, with the survivors stunned and looking for food and water,” one passenger wrote on the Cruise Critic internet forum.

“It was hard enough to sit and eat a picnic lunch at Labadee before the quake, knowing how many Haitians were starving,” said another. “I can’t imagine having to choke down a burger there now.”

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Identifying the Leads in the Underwear Bomber Crime

The well-dressed man and the man in orange.

Who are they? Is anyone in the media talking about the other players in this crime or are we too busy arguing over how to prosecute the delusional patsy?

clipped from www.opednews.com

The Underwear Bomber: More to the story. Kurt Haskell describes The Well Dressed Man and the Man in Orange.

As we all know, on Christmas Day Umar
Farouk Abdulmutallab (Mutallab) boarded a plane in Amsterdam with a
makeshift bomb hidden in his underwear. Thanks to an alert passenger
and the technical difficulty involved, the bomb did not detonate, the
bomber caught himself on fire, the plane landed safely and the young
man, Mutallab , is in custody.
Michigan attorney Kurt Haskel witnessed
two important events, neither of which has been widely reported
although his testimony and collaborating testimony is available via
You Tube videos of local news coverage including Mlive (Michigan
live), NPR interviews,Fox News, Antiwar radio, and Alex Jones Prison
Planet.

Mr. Haskel reports that he and his wife were sitting on the floor in a crowed room playing cards when he witnessed the so called “sharp dressed man.” Haskel, who speaks carefully as an attorney, states that “While Mutallab was poorly dressed, his friend was dressed in an expensive suit”. He says the suited “Indian” man asked ticket agents whether a supposed “Sudanese refugee” (the terrorist, Mutallab) could board without a passport”. “The guy said, ‘He’s from Sudan and we do this all the time.’” Mr.. Haskel makes clear that this does not mean that Mutallab did not have a passport, only that the well dressed man attempted and evidently succeeded in getting him on a plane with out displaying a passport. Haskel has clarified that the Indian looking man could have been Pakistani or other, that he would not been able to discern nationality. Mr.. Haskel has confirmed that normal surveillance video would have been taken in this crowed departure area. This is the essence of Haskel’s testimony, until the flight landed in Detroit.

According to Haskell, upon landing the FBI prevented passengers from leaving the plane for 2 to 3 hours, and then they were moved to a crowded customs room. Haskel’s states that “During this time period, all of the passengers had their carry on bags with them. When the bomb sniffing dogs arrived, 1 dog found something in a carry on bag of a 30 ish Indian man. This is not the so called “Sharp Dressed” man. I will refer to this man as “The man in orange”. The man in orange, who stood some 20ft away from me the entire time until he was taken away, was immediately taken away to be searched and interrogated in a nearby room. At this time he was not handcuffed. When he emerged from the room, he was then handcuffed and taken away. At this time an FBI agent came up to the rest of the passengers and said the following (approximate quote) “You all are being moved to another area because this area is not safe. I am sure many of you saw what just happened (Referring to the man in orange) and are smart enough to read between the lines and figure it out.”

The story takes on importance when Haskel notes that “The FBI has, since we landed, insisted that only one man was arrested for the airliner attack (contradicting my account). However, several of my fellow passengers have come over the past few days, backed up my claim, and put pressure on FBI/Customs to tell the truth. Early today, I heard from two different reporters that a federal agency (FBI or Customs) was now admitting that another man has been held (and will be held indefinitely) since our flight landed for “immigration reasons.” Notice that this man was “being held” and not “arrested”, which was a cute semantic ploy by the FBI to stretch the truth and not lie.

Then, Customs agent Ron Smith went further, denying that the man arrested was on flight 253 at all.

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Ask the Right Question

The underwear bomber is an interesting story. Here is the first thing that ought to be asked about this incident: how did this happen?

There is a lot of misdirection and political use of this incident for political gain, but the primary question should be how did this happen. A guy with no luggage, no passport, and paying cash for his ticket gets on an international flight. How does this happen? Who let this happen? Who worked to have this happen?

An effective approach to this mess would be to conduct the basic criminal investigation. Identify the conspirators, trace the crime back up the chain to the people who planned and facilitated this crime, then prosecute them, whoever they are.

clipped from www.opednews.com

The Real Terror Is at Home

By Dean Hartwell (about the author)
Passengers flying without luggage across continents should be laughed at.
Passengers paying for a plane ticket over $2,000 in CASH should have their backgrounds checked.
Passengers flying internationally without a passport should not be allowed on the plane.
The passenger who tried to set off a bomb on the Christmas Day flight achieved an amazing feat to get a seat on the plane and the most logical question should be asked and answered:
WHO HELPED THIS MAN?

It wasn’t the customer service representative at the counter. They would get fired for allowing someone like this onboard.

It wasn’t the airline. They don’t need the bad publicity that scares people from wanting to fly.

It wasn’t the Obama Administration. They needed this incident like they needed a hole in their heads. It provides mud for Fox News to sling at them.

So who benefits?

The companies that make the machines that can detect the kind of underwear bomb this person used stand to make a profit. But they did not likely have the opportunity to get the man on the plane.

Who had the opportunity?

Someone who could pressure the intelligence and security leaders not to put the man on a “No Fly” list in spite of a call from the man’s father warning the CIA about his son’s “radicalization.”

Someone who could talk the airline to “make an exception” for the man.

Someone familiar with using people as scapegoats to cause a scene that would embarrass Obama.

It would be logical to form an idea about a suspect for this case. But while political pundits talk about the suspect on the plane, our logic is suspended because the real culprit is out of our reach, helping to misdirect the investigation.

The truth loses again because the real terror is our own right here at home.

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Global warming is ocean warming and warmer oceans mean bigger storms

And it is clear that global warming means more frequent devastating storms and weather events. The low lying areas of the world are going to take the brunt of the damage. Places like the Phillipines, the Maldives, Bangladesh, the Mekong Delta, Florida and New Orleans. The question remains when will the people around the planet recognize the absolute necessity of the most fundamental change, the development and implementation of a global response, the retooling of the neoliberal capitalism model to a just and egalitarian development model?

It’s been a long time coming, but I know that change is going to come.

clipped from www.google.com

Typhoon Parma kills 15 in the Philippines

MANILA — Large parts of the northern Philippines were flooded and without power on Sunday after Typhoon Parma killed at least 15 people, as authorities warned of another storm looming to the east.
Exactly one week after storm Ketsana dumped the heaviest rains in more than 40 years that devastated Manila, killing nearly 300 people, Parma ripped through the north of the Philippines’ main Luzon island on Saturday.
Many areas in the north remained blacked out and cut off from communication on Sunday as Parma left the country and hovered over the South China Sea. Roads were submerged or littered with fallen trees and toppled power lines.
The state weather bureau warned of more misery as Typhoon Melor, monitored about 600 kilometres (370 miles) to the east, was expected to enter Philippine maritime territory by Monday afternoon before blowing north to eastern China or Japan.

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Let’s State the Obvious - You Can’t Win a War in Afghanistan

I guess the US needs to check its hubris against this fundamental historical fact.

Even aside from the probability that certain post-Soviet sources are likely enthusiastically sending weapons and munitions back to Afghanistan to get even with the US for Charlie Wilson’s War, there is certainty of defeat dictated by the facts on the ground.

Steep ground.

Steep, rocky ground.

Perfect terrain for sniping and allowing a small mobile force to wreak havoc against large and powerful armies. The only approach that works is an airwar that will necessarily kill civilians and create new populations willing to send martyrs to us for retribution.

“We will win the war in Afghanistan” makes about as much sense as “the beatings will continue until morale improves.”

I feel terrible for all the people suffering and being killed or injured in this amazingly stupid military exercise.

The foolish Bush planners gave us an unnecessary war in Iraq to test their theories on shock and awe, the best and the brightest a few decades ago gave us the Vietnam War, and we appear poised to repeat the best and brightest mistake in Afghanistan. The pertinent question is the same one that arose with the Vietnam War, “how do you ask a man to be the last soldier to die for a mistake?”

clipped from www.cnn.com

8 U.S. troops killed in battle with militants in Afghanistan

KABUL, Afghanistan (CNN) — Hundreds of militants attacked American and Afghan troops in eastern Afghanistan on Saturday, opening fire on an outpost from multiple locations with rockets, mortars and heavy-caliber machine guns, according to an initial U.S. military report on the battle.
At least eight American troops and two members of the Afghan National Security Force died — the largest number of Americans killed by hostile action in a single day in more than a year, according to CNN records.
The fighting lasted about 12 hours, with the militants firing down on the joint U.S.-Afghan outpost from ridgelines above the base, a senior U.S. military official with direct knowledge of the first reports told CNN. The official said the report was preliminary and subject to change as more information came in.

U.S. troops walk past a group of armored vehicles on Saturday at a military base in Afghanistan.

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