Author Archive

George Washington: Lack of Trust – Caused by Institutional Corruption – Is Killing the Economy

People Are Losing Trust In All Institutions

The signs are everywhere: Americans have lost trust in our institutions.

The Chicago Booth/Kellogg School Financial Trust Index published yesterday shows that only 22% of Americans trust the nation’s financial system.

SmartMoney notes today that more and more Americans are keeping valuables at home because they have lost trust in banks.

Robert Shiller said Monday:

Our whole economy has been affected by variations in confidence. Central banks are sort of trusted, but the actions they have often affect people’s confidence by appearance rather than substance. We’re not in the most trusting mood now.”

The National Journal noted last week:

 Lack of Trust   Caused by Institutional Corruption   Is Killing the Economy

Seven in 10 Americans believe that the country is on the wrong track; eight in 10 are dissatisfied with the way the nation is being governed. Only 23 percent have confidence in banks, and just 19 percent have confidence in big business. Less than half the population expresses “a great deal” of confidence in the public-school system or organized religion. “We have lost our gods,” says Laura Hansen, an assistant professor of sociology at Western New England University in Springfield, Mass. “We lost [faith] in the media: Remember Walter Cronkite? We lost it in our culture: You can’t point to a movie star who might inspire us, because we know too much about them. We lost it in politics, because we know too much about politicians’ lives. We’ve lost it—that basic sense of trust and confidence—in everything.”

***

After a 50-year decline, just 14 percent of respondents in a 2011 Gallup Poll said that the federal government could be trusted “a great deal

Gallup reported last month that – for the second year in a row – Americans said that gold is the safest long-term investment.   This  shows that Americans don’t trust the government.  Specifically, as Time Magazine points out:

Traditionally, gold has been a store of value when citizens do not trust their government politically or economically.

Indeed:

  • The U.S. financial system is so corrupt and unregulated that many don’t believe the government and businesses’ promises to follow the rule of law … and simply won’t do business here anymore

It’s not just the U.S.

As the Economist reported in January, trust in institutions is plunging worldwide:

The latest annual “trust barometer” published by Edelman, a PR firm, on January 24th [finds that] overall trust has declined in the leaders of the four main categories of organization scrutinized—government, business, non-governmental organizations and the media. Of the 50 or so countries examined, 11, nearly twice as many as last year, are now judged “sceptical”, with less than 50% of those polled saying they trusted these institutions. Trust in Japanese institutions plunged to 34%, from 51% in 2011, not surprising given the handling by leaders of the Tsunami and its aftermath. But the collapse in trust was even more striking in Brazil, the country in which trust was greatest in 2011, at 80%, but now, following a series of corruption scandals, has slipped to 51% (admittedly, still above America and Britain, among others).

This headline slump in trust is due, above all, to the public losing faith in political leaders. In 2011, across all countries, Edelman found that 52% of those polled trusted government; this year, it was only 43%. Government is now trusted less even than the media …. Trust in business fell slightly, from 56% to 53%, as did trust in NGOs, which still remain the most trusted type of institution, at 58%, down from 61% in 2011. As in previous years, the barometer is based on a poll of what Edelman calls “informed people”, which typically means professional and well-educated, though this year for the first time the views of the informed were benchmarked against a poll of the public as a whole. For each institution, the broader public was even less trusting than the informed, with government trusted by 38%, business 47%, NGOs 50% and the media 46%.

Lack of Trust Is Killing the Economy

Top economists have been saying for well over a decade that trust is necessary for a stable economy, and that prosecuting the criminals is necessary to restore trust. Indeed, as we have repeatedly noted, loss of trust is arguably the main reason we are stuck in an economic crisis … notwithstanding unprecedented action by central banks worldwide.

Economist Daniel Hameresh writes:

A number of economists have shown recently that income levels and real growth depend upon trust—trust greases the wheels of exchange.

In 1998, Paul Zak (Professor of Economics and Department Chair, as well as the founding Director of the Center for Neuroeconomics Studies at Claremont Graduate University, Professor of Neurology at Loma Linda University Medical Center, and a senior researcher at UCLA) and Stephen Knack (a Lead Economist in the World Bank’s Research Department and Public Sector Governance Department) wrote a paper called Trust and Growth, arguing:

Adam Smith … observed notable differences across nations in the ‘probity’ and ‘punctuality’ of their populations. For example, the Dutch ‘are the most faithful to their word.’ John Stuart Mill wrote: ‘There are countries in Europe . . . where the most serious impediment to conducting business concerns on a large scale, is the rarity of persons who are supposed fit to be trusted with the receipt and expenditure of large sums of money’ (Mill, 1848, p. 132).

Enormous differences across countries in the propensity to trust others survive
today.

***

Trust is higher in ‘fair’ societies.

***

High trust societies produce more output than low trust societies. A fortiori, a sufficient amount of trust may be crucial to successful development. Douglass North (1990, p. 54) writes,

The inability of societies to develop effective, lowcost enforcement of contracts is the most important source of both historical stagnation and contemporary underdevelopment in the Third World.

***

If trust is too low in a society, savings will be insufficient to sustain positive output growth. Such a poverty trap is more likely when institutions -
both formal and informal – which punish cheaters are weak.

Heap, Tan and Zizzo and others have come to similar conclusions.

In 2001, Zak and Knack showed that “strengthening the rule of law, reducing inequality, and by facilitating interpersonal understanding” all increase trust. They conclude:

Our analysis shows that trust can be raised directly by increasing communication and education, and indirectly by strengthening formal institutions that enforce contracts and by reducing income inequality. Among the policies that impact these factors, only education, … and freedom satisfy the efficiency criterion which compares the cost of policies with the benefits citizens receive in terms of higher living standards. Further, our analysis suggests that good policy initiates a virtuous circle: policies that raise trust efficiently, improve living standards, raise civil liberties, enhance institutions, and reduce corruption, further raising trust. Trust, democracy, and the rule of law are thus the foundation of abiding prosperity.

A 2005 letter in premier scientific journal Nature reviewed the research on trust and economics:

Trust … plays a key role in economic exchange and politics. In the absence of trust among trading partners, market transactions break down. In the absence of trust in a country’s institutions and leaders, political legitimacy breaks down. Much recent evidence indicates that trust contributes to economic, political and social success.

Forbes wrote an article in 2006 entitled “The Economics of Trust”. The article summarizes the importance of trust in creating a healthy economy:

Imagine going to the corner store to buy a carton of milk, only to find that the refrigerator is locked. When you’ve persuaded the shopkeeper to retrieve the milk, you then end up arguing over whether you’re going to hand the money over first, or whether he is going to hand over the milk. Finally you manage to arrange an elaborate simultaneous exchange. A little taste of life in a world without trust–now imagine trying to arrange a mortgage.

Being able to trust people might seem like a pleasant luxury, but economists are starting to believe that it’s rather more important than that. Trust is about more than whether you can leave your house unlocked; it is responsible for the difference between the richest countries and the poorest.

If you take a broad enough definition of trust, then it would explain basically all the difference between the per capita income of the United States and Somalia,” ventures Steve Knack, a senior economist at the World Bank who has been studying the economics of trust for over a decade. That suggests that trust is worth $12.4 trillion dollars a year to the U.S., which, in case you are wondering, is 99.5% of this country’s income.

***

Above all, trust enables people to do business with each other. Doing business is what creates wealth.

***

Economists distinguish between the personal, informal trust that comes from being friendly with your neighbors and the impersonal, institutionalized trust that lets you give your credit card number out over the Internet.

In 2007, Yann Algan (Professor of Economics at Paris School of Economics and University Paris East) and Pierre Cahuc (Professor of Economics at the Ecole Polytechnique (Paris)) reported:

We find a significant impact of trust on income per capita for 30 countries over the period 1949-2003.

Similarly, market psychologists Richard L. Peterson M.D. and Frank Murtha, PhD noted in 2008

Trust is the oil in the engine of capitalism, without it, the engine seizes up. Confidence is like the gasoline, without it the machine won’t move.

Trust is gone: there is no longer trust between counterparties in the financial system. Furthermore, confidence is at a low. Investors have lost their confidence in the ability of shares to provide decent returns (since they haven’t).

In 2009, Paola Sapienza (associate professor of finance and the Zell Center Faculty Fellow at Northwestern University) and Luigi Zingales (Robert C. McCormack Professor of Entrepreneurship and Finance at the University of Chicago Booth School of Business) pointed out:

The drop in trust, we believe, is a major factor behind the deteriorating economic conditions.

***

As trust declines, so does Americans’ willingness to invest their money in the financial system. Our data show that trust in the stock market affects people’s intention to buy stocks, even after accounting for expectations of future stock-market performance. Similarly, a person’s trust in banks predicts the likelihood that he will make a run on his bank in a moment of crisis: 25 percent of those who don’t trust banks withdrew their deposits and stored them as cash last fall, compared with only 3 percent of those who said they still trusted the banks. Thus, trust in financial institutions is a key factor for the smooth functioning of capital markets and, by extension, the economy. Changes in trust matter.

They quote a Nobel laureate economist on the subject:

“Virtually every commercial transaction has within itself an element of trust,” writes economist Kenneth Arrow, a Nobel laureate. When we deposit money in a bank, we trust that it’s safe. When a company orders goods, it trusts its counterpart to deliver them in good faith. Trust facilitates transactions because it saves the costs of monitoring and screening; it is an essential lubricant that greases the wheels of the economic system.

In 2010, a distinguished international group of economists (Giancarlo Corsetti, Michael P. Devereux, Luigi Guiso, John Hassler, Gilles Saint-Paul, Hans-Werner Sinn, Jan-Egbert Sturm and Xavier Vives) wrote:

Public distrust of bankers and financial markets has risen dramatically with the financial crisis. This column argues that this loss of trust in the financial system played a critical role in the collapse of economic activity that followed. To undo the damage, financial regulation needs to focus on restoring that trust.

They noted:

Trust is crucial in many transactions and certainly in those involving financial exchanges. The massive drop in trust associated with this crisis will therefore have important implications for the future of financial markets. Data show that in the late 1970s, the percentage of people who reported having full trust in banks, brokers, mutual funds or the stock market was around 40%; it had sunk to around 30% just before the crisis hit, and collapsed to barely 5% afterwards. It is now even lower than the trust people have in other people (randomly selected of course).

In his influential 1993 book Making Democracy Work, Robert Putnam showed how civic attitudes and trust could account for differences in the economic and government performance between northern and southern Italy.

Political economist Francis Fukiyama wrote a book called Trust in 1995, arguing that the most pervasive cultural characteristic influencing a nation’s prosperity and ability to compete is the level of trust or cooperative behavior based upon shared norms. He stated that the United States, like Japan and Germany, has been a high-trust society historically but that this status has eroded in recent years.

Chris Farrell notes:

Trust matters. It’s kind of like a recipe or a software protocol that allows for economic exchange and all kinds of innovation.

***

There’s compelling evidence that both higher levels of trust in institutions and a belief in the general trustworthiness of individuals in society carry large economic benefits. Sociologists, political scientists and economists have all showed in an impressive body of research that higher levels of trust increase trade and even foster economic growth,.

Dallas Fed president Richard Fisher said last year that a growing distrust of the nation’s political institutions is keeping businesses on the sidelines.

Forbes notes in March that a lack of trust was one of the main factors hurting the Greek economy:

There are a number of issues that have contributed and exacerbated the levels of distrust. For instance, Greece, with the help of Goldman Sachs, concealed the state of their finances for over a decade until they ran into this major debt crisis. Because they failed to disclose the extent of their financial problems, the EU and other players in the global credit market are extremely reluctant to cooperate or put faith in the representations made by the Greek leadership.

***

If the leadership in Athens cannot reestablish trust with the citizenry and develop open and honest communication amongst themselves, their constituents, and the individual leaders of the financial institutions involved, the agreements they make will not even be worth the paper they are written on.

Ken Eisoldan internationally respected authority on the psychodynamics of organizations – writes:

Most of us view trust as valuable and desirable, something that improves the quality of our personal lives.  We seldom take the next step and view it as indispensable, a vital ingredient in society – and in the economy. But all credit is based on trust, and the fundamental problem in a credit crisis is not just the lack of “liquidity” but also the absence of trust, the trust that is essential to all financial transactions.”

But the problem is not that people should be more blindly and naively trusting. The problem – as Eisold points out – is that the institutions have to act in a more trustworthy manner:

The essential point is not that people need to be encouraged to trust. Most of us want to trust and have the basic capacity to trust. We need institutions that are trustworthy.

No Economy-Revving Optimism Without Trust

Economist Robert Higgs – who has studied the effect of World War II on the economy in great detail – argues that it was optimism, rather than stimulus spending, which got us out of the depression:

The performance of the war economy … broke the back of the pessimistic expectations almost everybody had come to hold during the seemingly endless Depression. In the long decade of the 1930s, especially its latter half, many people had come to believe that the economic machine was irreparably broken. The frenetic activity of war production—never mind that it was just a lot of guns and ammunition—dispelled the hopelessness. People began to think: if we can produce all these planes, ships, and bombs, we can also turn out prodigious quantities of cars and refrigerators.

***

The transformation of expectations—justify an interpretation that views the war as an event that recreated the possibility of genuine economic recovery. As the war ended, real prosperity returned.

Unlike after WWII, Americans now are pessimistic (even though we’ve been various wars against third-rate countries far longer than we were in WWII) and our expectations are stuck in the gutter.

Why?

Perhaps because we don’t trust our government, our big corporations or our other institutions to do anything very helpful for the country. Indeed, we don’t trust our government, big corporations and other institutions to even allow a fair playing field where we have a chance of competing fairly to get ahead on our own initiative.

Why should we work harder, invest more or spend more when we don’t trust that we might have a bright future?

Prosecuting the Criminals Is Necessary to Restore Trust

Nobel prize winning economist Joseph Stiglitz says that we have to prosecute fraud or else the economy won’t recover:

The legal system is supposed to be the codification of our norms and beliefs, things that we need to make our system work. If the legal system is seen as exploitative, then confidence in our whole system starts eroding. And that’s really the problem that’s going on.

***

I think we ought to go do what we did in the S&L [crisis] and actually put many of these guys in prison. Absolutely. These are not just white-collar crimes or little accidents. There were victims. That’s the point. There were victims all over the world.

***

Economists focus on the whole notion of incentives. People have an incentive sometimes to behave badly, because they can make more money if they can cheat. If our economic system is going to work then we have to make sure that what they gain when they cheat is offset by a system of penalties.

Robert Shiller said recently that failing to address the legal issues will cause Americans to lose faith in business and the government:

Shiller said the danger of foreclosuregate — the scandal in which it has come to light that the biggest banks have routinely mishandled homeownership documents, putting the legality of foreclosures and related sales in doubt — is a replay of the 1930s, when Americans lost faith that institutions such as business and government were dealing fairly.

Economists such as William Black and James Galbraith agree. Galbraith says:

There will have to be full-scale investigation and cleaning up of the residue of that, before you can have, I think, a return of confidence in the financial sector. And that’s a process which needs to get underway.

Galbraith also says that economists should move into the background, and “criminologists to the forefront”.

Government regulators know this – or at least pay lip service to it – as well. For example, as the Director of the Securities and Exchange Commission’s enforcement division told Congress:

Recovery from the fallout of the financial crisis requires important efforts on various fronts, and vigorous enforcement is an essential component, as aggressive and even-handed enforcement will meet the public’s fair expectation that those whose violations of the law caused severe loss and hardship will be held accountable. And vigorous law enforcement efforts will help vindicate the principles that are fundamental to the fair and proper functioning of our markets: that no one should have an unjust advantage in our markets; that investors have a right to disclosure that complies with the federal securities laws; and that there is a level playing field for all investors.

Nobel prize winning economist George Akerlof has demonstrated that failure to punish white collar criminals – and instead bailing them out- creates incentives for more economic crimes and further destruction of the economy in the future. Indeed, William Black notes that we’ve known of this dynamic for “hundreds of years”. And see this, this, this and this.

And when Zak and Knack – quoted above – discuss “enforcing contracts”, “raising civil liberties”, and “reducing corruption”, they are talking about enforcing the rule of law, which means prosecuting violations of the law. Likewise, when they refer to “enhancing institutions”, they mean regulatory and justice systems which enforce contracts and prosecute cheaters.

And when Zak and Knack promote reduction of inequality, that means prosecuting fraud as well. Specifically, as I recently pointed out, prosecuting fraud is the best way to reduce inequality:

Robert Shiller [one of the top housing economists in the United States] said in 2009:

And it’s not like we want to level income. I’m not saying spread the wealth around, which got Obama in trouble. But I think, I would hope that this would be a time for a national consideration about policies that would focus on restraining any possible further increases in inequality.

***

If we stop bailing out the fraudsters and financial gamblers, the big banks would focus more on traditional lending and less on speculative plays which only make the rich richer and the poor poorer, and which guarantee future economic crises (which hurt the poor more than the rich).

***

Moreover, both conservatives and liberals agree that we need to prosecute financial fraud. As I’ve previously noted, fraud disproportionally benefits the big players, makes boom-bust cycles more severe, and otherwise harms the economy – all of which increase inequality and warp the market.

Of course, it’s not just economists saying this.

One of the leading business schools in America – the Wharton School of Business – published an essay by a psychologist on the causes and solutions to the economic crisis. Wharton points out that restoring trust is the key to recovery, and that trust cannot be restored until wrongdoers are held accountable:

According to David M. Sachs, a training and supervision analyst at the Psychoanalytic Center of Philadelphia, the crisis today is not one of confidence, but one of trust. “Abusive financial practices were unchecked by personal moral controls that prohibit individual criminal behavior, as in the case of [Bernard] Madoff, and by complex financial manipulations, as in the case of AIG.” The public, expecting to be protected from such abuse, has suffered a trauma of loss similar to that after 9/11. “Normal expectations of what is safe and dependable were abruptly shattered,” Sachs noted. “As is typical of post-traumatic states, planning for the future could not be based on old assumptions about what is safe and what is dangerous. A radical reversal of how to be gratified occurred.”

People now feel more gratified saving money than spending it, Sachs suggested. They have trouble trusting promises from the government because they feel the government has let them down.

He framed his argument with a fictional patient named Betty Q. Public, a librarian with two teenage children and a husband, John, who had recently lost his job. “She felt betrayed because she and her husband had invested conservatively and were double-crossed by dishonest, greedy businessmen, and now she distrusted the government that had failed to protect them from corporate dishonesty. Not only that, but she had little trust in things turning around soon enough to enable her and her husband to accomplish their previous goals.

“By no means a sophisticated economist, she knew … that some people had become fantastically wealthy by misusing other people’s money — hers included,” Sachs said. “In short, John and Betty had done everything right and were being punished, while the dishonest people were going unpunished.”

Helping an individual recover from a traumatic experience provides a useful analogy for understanding how to help the economy recover from its own traumatic experience, Sachs pointed out. The public will need to “hold the perpetrators of the economic disaster responsible and take what actions they can to prevent them from harming the economy again.” In addition, the public will have to see proof that government and business leaders can behave responsibly before they will trust them again, he argued.

Note that Sachs urges “hold[ing] the perpetrators of the economic disaster responsible.” In other words, just “looking forward” and promising to do things differently isn’t enough.

As Wall Street insider and New York Times columnist Andrew Ross Sorkin writes:

“They will pick on minor misdemeanors by individual market participants,” said David Einhorn, the hedge fund manager who was among the Cassandras before the financial crisis. To Mr. Einhorn, the government is “not willing to take on significant misbehavior by sizable” firms. “But since there have been almost no big prosecutions, there’s very little evidence that it has stopped bad actors from behaving badly.”***

Fraud at big corporations surely dwarfs by orders of magnitude the shareholders’ losses of $8 billion that Mr. Holder highlighted. If the government spent half the time trying to ferret out fraud at major companies that it does tracking pump-and-dump schemes, we might have been able to stop the financial crisis, or at least we’d have a fighting chance at stopping the next one.

Of course, the Europeans have been trying to avoid fraud prosecutions as well.

On the other hand, Iceland has prosecuted the fraudster bank heads (and here and here) and their former prime minister, and their economy is recovering nicely … because trust is being restored in the financial system.

Indeed, even evangelical leader Pat Robertson agrees:

Pat Robertson discussed the banking crisis and glowingly spoke about how Iceland jailed many of the bankers who devastated their nation’s economy by taking out fraudulent loans. Robertson hailed the Nordic nation for its actions and said that Americans should deal with the financial crisis in the same way.

***

“They are putting people in jail.  Prime ministers are being indicted. They are going after banks. The people said the banks are ripping us off. We don’t like what they did, and they brought our country to ruin. Suddenly, Iceland is turning around and they look like a big success story!”

***

“We could start putting all of those bankers in jail. There was not one banker prosecuted and so many people were lying, and so-called “no-doc loans” and liars’ loans, and none of them have been held accountable.

***

Iceland is leading the way and their GDP is growing, and all of a sudden, they were in a terrible mess, terrible mess, and look what is happening!”

George Washington: Our Country Is Being Fracked by the Merger of Government and Big Business

The Government Is Using Its Police Powers to Protect Fracking

Fracking is polluting water all over the country. A new study published in the journal Ground Water predicts that the highly-toxic fluids used in fracking can migrate to aquifers within a few short years.

The government has officially stated that fracking can cause earthquakes. And see this. Some fracking companies now admit this fact.

And yet a new law passed in Pennsylvania will allow doctors to access information about chemicals used in hydraulic fracturing, but will restrict them from sharing that information with their patients. See the writeups by Mother Jones and Truthout.

The director of the Emmy-award winning documentary on fracking – Gasland – was arrested for attempting to film a Congressional hearing on fracking.

Actor Mark Ruffalo was put on terror watch list after he organized showings of Gasland.

The Washington Post reported in March that the FBI is investigating anti-fracking activists as potential terrorists.

The state of Pennsylvania hired an Israeli-American company with extensive military and intelligence ties to put out “terror” alerts. The company – ITRR – describes itself as:

The preeminent Israeli/American security firm providing training, intelligence and education to clients across the globe.

ITRR explains:

The Institute of Terrorism Research and Response’s research and analysis center, known as the Targeted Actionable Monitoring Center (TAM-C), is located in Israel. The Targeted Actionable Monitoring Center is staffed with former law enforcement, military, and intelligence professionals experienced in the production and utilization of intelligence products.

ITRR considered opponents of fracking to be potential terrorists.

Fracking companies are also using military psychological operations techniques to discredit opponents (and see this).

Not Just Fracking … Government Using “National Security” Powers to Protect All Big Business

The above is not unique, but part of a trend of using national security laws to protect big companies (more).  As just a few of many examples:

  • As the ACLU notes, Fusion Centers – a hybrid of military, intelligence agency, police and private corporations set up in centers throughout the country, and run by the Department of Justice and Department of Homeland Security – allow big businesses like Boeing to get access to classified information which gives them an unfair advantage over smaller competitors

One of the best definitions of fascism – the one used by Mussolini himself – is the “merger of state and corporate power“.

We’re pretty much there …

George Washington: Tarp Overseer Debunks Bailout Myths: Big Companies HAVEN’T Repaid Tarp Funds … And Funds to Help Homeowners HAVEN’T Been Disbursed

Debunking Bailout Myths

Apologists for government bailouts push two main myths:

  • That all of the bailout funds have been repaid
  • That the bailouts helped the average American

But the official government overseer of the Tarp bailout program – the special inspector general for TARP, Christy L. Romero – has debunked both myths.

Today, Romero wrote the following to Congress:

After 3½ years, the Troubled Asset Relief Program (“TARP”) continues to be an active and significant part of the Government’s response to the financial crisis. It is a widely held misconception that TARP will make a profit. The most recent cost estimate for TARP is a loss of $60 billion. Taxpayers are still owed $118.5 billion (including $14 billion written off or otherwise lost).

And earlier this month, Romero stated that the portion of the Tarp funds which were supposed to help homeowners haven’t been disbursed:

A fund to support homeowners in the communities hit hardest by the collapse of the housing bubble has disbursed just 3 percent of its budget and aided only 30,640 homeowners in the two years since its creation, according to a report released on Thursday by a federal watchdog office.

The Hardest Hit Fund, which was created in the spring of 2010, grants money to state housing finance agencies for efforts to help families that are facing foreclosure. It has “experienced significant delay” because of “a lack of comprehensive planning” by the Treasury Department and limited participation by Fannie Mae, Freddie Mac and the large mortgage servicers, said the report by the special inspector general for the Troubled Asset Relief Program.

“Look at the TARP money that goes out to the banks,” said Special Inspector General Christy Romero in an interview with The Huffington Post. “That goes out in a matter of days. This has been two years and only 3 percent of these funds have trickled out to homeowners.”

Indeed, bailing out the big banks hurts – rather than helps – the American economy.  See this, this and this.   (And it doesn’t take a PhD economist to guess that using bailout funds to buy gold toilet seats and prostitutes is probably not the best way to stimulate the economy as a whole).

The only way to really stimulate the economy would be for the government to give money to the little guy on Main Street – instead of the big boys on Wall Street.  And see this.

Yet the big banks continue today to be bailed out through a wide variety of overt and hidden schemes … while the little guy gets nothing.

This is true even though the American people were opposed to the bank bailouts from day one, and continue to oppose them:

As I’ve noted since 2008, Americans are united in their overwhelming disapproval for bailouts to the big banks.

This has remained true right up to today.

As Rassmussen found only last month (as summarized by KXLF news):

Today’s Rasmussen Reports survey finds that most Americans don’t like bailouts for financial institutions.

60% Oppose Financial Bailouts; 74% Say Wall Street Benefited Most

Survey of 1,000 American Adults

***

• Just 20% think it was a good idea for the government to provide bailout funding to banks and other financial institutions, but 60% say otherwise.

• While many activists try to link the Republican Party and Wall Street, Republicans think the bailouts were a bad idea by an eight-to-one margin.

• Those not affiliated with either major party think they were a bad idea by a four-to-one margin. Democrats are much more evenly divided. Thirty-four percent (34%) of those in the president’s party say the bailouts were a good idea while 42% disagree.

• Overall, 68% believe that most of the bailout money went to the very people who created the nation’s ongoing economic crisis, but 12% disagree and 21% aren’t sure.

[And see this]

As the Washington Post’s Greg Sargent notes, the recent proposal from lobbyists to the American Bankers Association recommending ways to co-opt the Occupy movement accurately stated:

Well-known Wall Street companies stand at the nexus of where OWS protestors and the Tea Party overlap on angered populism. Both the radical left and the radical right are channeling broader frustration about the state of the economy and share a mutual anger over TARP and other perceived bailouts. This combination has the potential to be explosive later in the year when media reports cover the next round of bonuses and contrast it with stories of millions of Americans making do with less this holiday season.

(Except that it is the majority of Americans – not “extremists” on either side of the aisle – that share this anger).

The “Tea Party” movement was centered on the protesting government bailouts of the giant banks, before it was hijacked by the mainstream Republican party, Sarah Palin, Neocons and others. See this, this, this, this and this.

Ron Paul said last month at a GOP debate:

Bailouts came from both parties…. If you have to give money out, you should give it to people losing their mortgages, not to the banks.

And one of the most common sayings of Occupy Wall Street protesters is:

Banks got bailed out. We got sold out

(See this and this.)

George Washington: Influential Senator Warned in 1975: “Th[e National Security Agency's] Capability At Any Time Could Be Turned Around On The American People, And No American Would Have Any Privacy Left …There Would Be No Place To Hide. [If A Dictator Ever Took Over, The N.S.A.] Could Enable It To Impose Total Tyranny, And There Would Be No Way To Fight Back”

Senator Church’s Prophetic Warning

Senator Frank Church – who chaired the famous “Church Committee” into the unlawful FBI Cointel program, and who chaired the Senate Foreign Relations Committee – said in 1975:

“Th[e National Security Agency's]  capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide.  [If a dictator ever took over, the N.S.A.] could enable it to impose total tyranny, and there would be no way to fight back.

Now, the NSA is building a $2 billion dollar facility in Utah which will use the world’s most powerful supercomputer to monitor virtually all phone calls, emails, internet usage, purchases and rentals, break all encryption, and then store everyone’s data permanently.

The former head of the program for the NSA recently held his thumb and forefinger close together, and said:

We are, like, that far from a turnkey totalitarian state

So Senator Church’s warning was prophetic.

Spying Began Before 9/11

While you might assume that the NSA’s spying on Americans is a response to 9/11, the government’s illegal spying on Americans actually began before 9/11.

Bloomberg reported in 2006:

The U.S. National Security Agency asked AT&T Inc. to help it set up a domestic call monitoring site seven months before the Sept. 11, 2001 attacks, lawyers claimed June 23 in court papers filed in New York federal court.

“The Bush Administration asserted this became necessary after 9/11,” plaintiff’s lawyer Carl Mayer said in a telephone interview. “This undermines that assertion.”

“The U.S. Department of Justice has stated that AT&T may neither confirm nor deny AT&T’s participation in the alleged NSA program because doing so would cause `exceptionally grave harm to national security’ and would violate both civil and criminal statutes,” AT&T spokesman Dave Pacholczyk said in an e-mail.

U.S. Department of Justice spokesman Charles Miller and NSA spokesman Don Weber declined to comment.

And see this and this.

In other words, the NSA’s trashing of the constitutional rights of American citizens had nothing to do with 9/11.

NSA Heard the 9/11 Hijackers’ Plans from Their Own Mouths … But Didn’t Stop Them

Indeed, the NSA was listening in on the 9/11 hijackers’ phone calls before 9/11, but didn’t do a whole lot to stop them:

  • The National Security Agency and the FBI were each independently listening in on the phone calls between the supposed mastermind of the attacks and the lead hijacker. Indeed, the FBI built its own antenna in Madagascar specifically to listen in on the  mastermind’s phone calls
  • According to various sources, on the day before 9/11, the mastermind told the lead hijacker “tomorrow is zero hour” and gave final approval for the attacks. The NSA intercepted the message that day and the FBI was likely also monitoring the mastermind’s phone calls
  • According to the Sunday Herald, two days before 9/11, Bin Laden called his stepmother and told her “In two days, you’re going to hear big news and you’re not going to hear from me for a while.” U.S. officials later told CNN that “in recent years they’ve been able to monitor some of Bin Laden’s telephone communications with his [step]mother. Bin Laden at the time was using a satellite telephone, and the signals were intercepted and sometimes recorded.” Indeed, before 9/11, to impress important visitors, NSA analysts would occasionally play audio tapes of bin Laden talking to his stepmother.
  • And according to CBS News, at 9:53 a.m on 9/11, just 15 minutes after the hijacked plane had hit the Pentagon, “the National Security Agency, which monitors communications worldwide, intercepted a phone call from one of Osama bin Laden’s operatives in Afghanistan to a phone number in the former
    Soviet Republic of Georgia”, and secretary of Defense Rumsfeld learned about the intercepted phone call in real-time (if the NSA monitored and transcribed phone calls in real-time on 9/11, that implies that it probably did so in the months leading up to 9/11 as well)

As we reported in 2008, the NSA even monitored the hijackers within the United States:

We’ve previously pointed out that the U.S. government heard the 9/11 plans from the hijackers’ own mouth. Most of what we wrote about involved the NSA and other intelligence services tapping top Al Qaeda operatives’ phone calls outside the U.S.

However, as leading NSA expert James Bamford - the Washington  Investigative Producer for ABC’s World News Tonight with Peter Jennings for almost a decade, winner of a number of journalism awards for coverage national security issues, whose articles have appeared in dozens of publications, including cover stories for the New York Times Magazine, Washington Post Magazine, and the Los Angeles Times Magazine, and the only author to write any books (he wrote 3) on the NSA – reports, the NSA was also tapping the hijackers’ phone calls inside the U.S.

Specifically, hijackers Khalid al-Mihdhar and Nawaf al-Hazmi lived in San Diego, California, for 2 years before 9/11. Numerous phone calls between al-Mihdhar and Nawaf al-Hazmi in San Diego and a high-level Al Qaeda operations base in Yemen were made in those 2 years.

The NSA had been tapping and eavesdropping on all calls made from that Yemen phone for years. So NSA recorded all of these phone calls.

Indeed, the CIA knew as far back as 1999 that al-Mihdhar was coming to the U.S. Specifically, in 1999, CIA operatives tailing al-Mihdha in Kuala Lumpur, Malaysia, obtained a copy of his passport. It contained visas for both Malaysia and the U.S., so they knew it was likely he would go from Kuala Lumpur to America.

ABC News reported in 2002:

Shortly before Sept. 11, NSA intercepts detected multiple phone calls from Abu Zubaida, bin Laden’s chief of  operations, to the United States. The intercepts were never passed on.

And Raw Story wrote in 2008:

Author James Bamford looked into the performance of the NSA … and found that it had been closely monitoring the 9/11 hijackers as they moved freely around the United States and communicated with Osama bin Laden’s operations center in Yemen. The NSA had even tapped bin Laden’s satellite phone, starting in 1996.

“The NSA never alerted any other agency that the terrorists were in the United States and moving across the country towards Washington,”  Bamford told PBS.

PBS also found that “the 9/11 Commission never looked closely into NSA’s role in the broad intelligence breakdown behind the World Trade Center and Pentagon attacks. If they had, they would have understood the full extent to which the agency had major pieces of the puzzle but never put them together or disclosed their entire body of knowledge to the CIA and the FBI.”

In a review of Bamford’s book, former senator and 9/11 Commission member Bob Kerrey wrote, “As the 9/11 Commission later established, U.S. intelligence officials knew that al-Qaeda had held a  planning meeting in Malaysia, found out the names of two recruits who had been present — Khalid al-Mihdhar and Nawaf al-Hazmi — and suspected that one and maybe both of them had flown to Los Angeles. Bamford reveals that the NSA had been eavesdropping for months on their calls to Yemen, yet the agency ‘never made the effort’ to trace where the calls originated. ‘At any time, had the FBI been notified, they could have found Hazmi in a matter of seconds.’”

Former CIA analyst Michael Scheuer told PBS, “None of this information that we’re speaking about this evening’s in the 9/11 Commission report. They simply ignored all of it.”

Spying Unrelated to Keeping Us Safe

As we’ve previously documented, the spying isn’t being done to keep us safe … but to crush dissent

and to help the too big to fail businesses compete against smaller businesses (and here).

Indeed, the NSA monitoring efforts will not focus on spying on potential terrorists – or even criminal activity – but in recording every phone call, email, internet search or other communication in the country.

Not Just the NSA: Other Agencies and Shady Foreign Groups Spying on Americans As Well

It’s not just the NSA.

As Nat Hentoff writes:

Thirty years after Church’s principled stand, the Washington Post reported that the NSA had already been  enlisting other intelligence
agencies
to assist its surveillance of “people inside the country suspected of having terrorist connections” (“Bush Authorized Domestic Spying,” Dan Eggen, Dec. 16, 2005).

On what basis? That’s classified.

And Bamford reports that shady companies with ties to Israel are wiretapping Americans for the NSA:

One of the [National Security] agency’s biggest secrets is just how careless it is with that ocean of very private and very personal communications, much of it to and from Americans. Increasingly, obscure and questionable contractors — not government employees — install the taps, run the agency’s eavesdropping infrastructure, and do the listening and analysis.

And with some of the key companies building the U.S.’s surveillance infrastructure for the digital age employing unstable employees, crooked executives, and having troubling ties to foreign intelligence services, it’s not clear that Americans should trust the secretive agency ….

***

Secretive contractors with questionable histories and little oversight were also used to do the actual bugging of the entire U.S. telecommunications network.

According to a former Verizon employee briefed on the program, Verint, owned by Comverse Technology, taps the communication lines at Verizon, which I first reported in my book The Shadow Factory in 2008. Verint did not return a call seeking comment, while Verizon said it does not comment on such matters.

At AT&T the wiretapping rooms are powered by software and hardware from Narus, now owned by Boeing, a discovery made by AT&T whistleblower Mark Klein in 2004. Narus did not return a call seeking comment.

What is especially troubling is that both companies have had extensive ties to Israel, as well as links to that country’s intelligence service, a country with a long and aggressive history of spying on the U.S.

In fact, according to Binney, the advanced analytical and data mining software the NSA had developed for both its worldwide and international eavesdropping operations was secretly passed to Israel by a mid-level employee, apparently with close connections to the country. The employee, a technical director in the Operations Directorate, “who was a very strong supporter of Israel,” said Binney, “gave, unbeknownst to us, he gave the software that we had, doing these fast rates, to the Israelis.”

Because of his position, it was something Binney should have been alerted to, but wasn’t.

“In addition to being the technical director,” he said, “I was the chair of the TAP, it’s the Technical Advisory Panel, the foreign relations council. We’re supposed to know what all these foreign countries, technically what they’re doing…. They didn’t do this that way, it was under the table.” After discovering the secret transfer of the technology, Binney argued that the agency simply pass it to them officially, and in that way get something in return, such as access to communications terminals. “So we gave it to them for switches,” he said.

“For access.”

But Binney now suspects that Israeli intelligence in turn passed the technology on to Israeli companies who operate in countries around the world, including the U.S. In return, the companies could act as extensions of Israeli intelligence and pass critical military, economic and diplomatic information back to them. “And then five years later, four or five years later, you see a Narus device,” he said. “I think there’s a connection there, we don’t know for sure.”

Narus was formed in Israel in November 1997 by six Israelis with much of its money coming from Walden Israel, an Israeli venture capital company. Its founder and
former chairman, Ori Cohen, once told Israel’s Fortune Magazine that his partners have done technology work for Israeli intelligence. And among the five founders was Stanislav Khirman, a husky, bearded Russian who had previously worked for Elta Systems, Inc. A division of Israel Aerospace Industries, Ltd., Elta specializes in developing advanced eavesdropping systems for Israeli defense and intelligence organizations. At Narus, Khirman became the chief technology officer.

A few years ago, Narus boasted that it is “known for its ability to capture and collect data from the largest networks around the world.”

The company says its equipment is capable of “providing unparalleled monitoring and intercept capabilities to service providers and government organizations around the world” and that “Anything that comes through [an Internet protocol network], we can  record. We can reconstruct all of their e-mails, along with attachments, see what Web pages they clicked on, we can reconstruct their [Voice over Internet Protocol] calls.”

Like Narus, Verint was founded by in Israel by Israelis, including Jacob “Kobi” Alexander, a former Israeli intelligence officer. Some 800 employees work for Verint, including 350 who are based in Israel, primarily working in research and development and operations, according to the Jerusalem Post. Among its products is STAR-GATE, which according to the company’s sales literature, lets “service providers … access communications on virtually any type of network, retain  communication data for as long as required, and query and deliver content and data …” and was  “[d]esigned to manage vast numbers of targets, concurrent sessions, call data records, and communications.”

In a rare and candid admission to Forbes, Retired Brig. Gen. Hanan Gefen, a former commander of the highly secret Unit 8200, Israel’s NSA, noted his former organization’s influence on Comverse, which owns Verint, as well as other Israeli companies that dominate the U.S. eavesdropping and surveillance market. “Take NICE, Comverse and Check Point for example, three of the largest high-tech companies, which were all directly influenced by 8200 technology,” said Gefen. “Check Point was founded by Unit alumni.  Comverse’s main product, the Logger, is based on the Unit’s technology.”

According to a former chief of Unit 8200, both the veterans of the group and much of the high-tech intelligence equipment they developed are now employed in high-tech firms around the world. “Cautious estimates indicate that in the past few years,” he told a reporter for the Israeli newspaper Ha’artez  in 2000, “Unit 8200 veterans have set up some 30 to 40 high-tech companies, including 5 to 10 that were floated on Wall Street.” Referred to only as “Brigadier General B,” he added, “This correlation between serving in the intelligence Unit 8200 and starting successful high-tech companies is not coincidental: Many of the technologies in use around the world and developed in Israel were originally military technologies and were developed and improved by Unit veterans.”

Equally troubling is the issue of corruption. Kobi Alexander, the founder and former chairman of Verint, is now a fugitive, wanted by the FBI on nearly three dozen charges of fraud, theft, lying, bribery, money laundering and other crimes. And two of his top associates at Comverse, Chief Financial Officer David Kreinberg and former General Counsel William F. Sorin, were also indicted in the scheme and later pleaded guilty, with both serving time in prison and paying millions of dollars in fines and penalties.

George Washington: 2 Years After the BP Oil Spill, Is the Gulf Ecosystem Collapsing?

By Washington’s Blog

The Gulf Ecosystem Is Being Decimated

The BP oil spill started on April 20, 2010. We’ve previously warned that the BP oil spill could severely damage the Gulf ecosystem.

Since then, there are numerous signs that the worst-case scenario may be playing out:

  • A recent report also notes that there are flesh-eating bacteria in tar balls of BP oil washing up on Gulf beaches

If you still don’t have a sense of the devastation to the Gulf, American reporter Dahr Jamail lays it out pretty clearly:

“The fishermen have never seen anything like this,” Dr Jim Cowan told Al Jazeera. “And in my 20 years working on red snapper, looking at somewhere between 20 and 30,000 fish, I’ve never seen anything like this either.”

Dr Cowan, with Louisiana State University’s Department of Oceanography and Coastal Sciences started hearing about fish with sores and lesions from fishermen in November 2010.

Cowan’s findings replicate those of others living along vast areas of the Gulf Coast that have been impacted by BP’s oil and dispersants.

Gulf of Mexico fishermen, scientists and seafood processors have told Al Jazeera they are finding disturbing numbers of mutated shrimp, crab and fish that they believe are deformed by chemicals released during BP’s 2010 oil disaster.

Along with collapsing fisheries, signs of malignant impact on the regional ecosystem are ominous: horribly mutated shrimp, fish with oozing sores, underdeveloped blue crabs lacking claws, eyeless crabs and shrimp – and interviewees’ fingers point towards BP’s oil pollution disaster as being the cause.

Eyeless shrimp

Tracy Kuhns and her husband Mike Roberts, commercial fishers from Barataria, Louisiana, are finding eyeless shrimp.

“At the height of the last white shrimp season, in September, one of our friends caught 400 pounds of these,” Kuhns told Al Jazeera while showing a sample of the eyeless shrimp.

According to Kuhns, at least 50 per cent of the shrimp caught in that period in Barataria Bay, a popular shrimping area that was heavily impacted by BP’s oil and dispersants, were eyeless. Kuhns added: “Disturbingly, not only do the shrimp lack eyes, they even lack eye sockets.”
Eyeless shrimp, from a catch of 400 pounds of eyeless shrimp, said to be caught September 22, 2011, in Barataria Bay, Louisiana [Erika Blumenfeld/Al Jazeera]

“Some shrimpers are catching these out in the open Gulf [of Mexico],” she added, “They are also catching them in Alabama and Mississippi. We are also finding eyeless crabs, crabs with their shells soft instead of hard, full grown crabs that are one-fifth their normal size, clawless crabs, and crabs with shells that don’t have their usual spikes … they look like they’ve been burned off by chemicals.”

On April 20, 2010, BP’s Deepwater Horizon oilrig exploded, and began the release of at least 4.9 million barrels of oil. BP then used at least 1.9 million gallons of toxic Corexit dispersants to sink the oil.

Keath Ladner, a third generation seafood processor in Hancock County, Mississippi, is also disturbed by what he is seeing.

“I’ve seen the brown shrimp catch drop by two-thirds, and so far the white shrimp have been wiped out,” Ladner told Al Jazeera. “The shrimp are immune compromised. We are finding shrimp with tumors on their heads, and are seeing this everyday.”

While on a shrimp boat in Mobile Bay with Sidney Schwartz, the fourth-generation fisherman said that he had seen shrimp with defects on their gills, and “their shells missing around their gills and head”.

“We’ve fished here all our lives and have never seen anything like this,” he added.

Ladner has also seen crates of blue crabs, all of which were lacking at least one of their claws.

Darla Rooks, a lifelong fisherperson from Port Sulfur, Louisiana, told Al Jazeera she is finding crabs “with holes in their shells, shells with all the points burned off so all the spikes on their shells and claws are gone, misshapen shells, and crabs that are dying from within … they are still alive, but you open them up and they smell like they’ve been dead for a week”.

Rooks is also finding eyeless shrimp, shrimp with abnormal growths, female shrimp with their babies still attached to them, and shrimp with oiled gills.

“We also seeing eyeless fish, and fish lacking even eye-sockets, and fish with lesions, fish without covers over their gills, and others with large pink masses hanging off their eyes and gills.”

Rooks, who grew up fishing with her parents, said she had never seen such things in these waters, and her seafood catch last year was “ten per cent what it normally is”.

“I’ve never seen this,” he said, a statement Al Jazeera heard from every scientist, fisherman, and seafood processor we spoke with about the seafood deformities.

Given that the Gulf of Mexico provides more than 40 per cent of all the seafood caught in the continental US, this phenomenon does not bode well for the region, or the country.

***

“The dispersants used in BP’s draconian experiment contain solvents, such as petroleum distillates and 2-butoxyethanol. Solvents dissolve oil, grease, and rubber,” Dr Riki Ott, a toxicologist, marine biologist and Exxon Valdez survivor told Al Jazeera. “It should be no surprise that solvents are also notoriously toxic to people, something the medical community has long known”.

The dispersants are known to be mutagenic, a disturbing fact that could be evidenced in the seafood deformities. Shrimp, for example, have a life-cycle short enough that two to three generations have existed since BP’s disaster began, giving the chemicals time to enter the genome.

Pathways of exposure to the dispersants are inhalation, ingestion, skin, and eye contact. Health impacts can include headaches, vomiting, diarrhea, abdominal pains, chest pains, respiratory system damage, skin sensitisation, hypertension, central nervous system depression, neurotoxic effects, cardiac arrhythmia and cardiovascular damage. They are also teratogenic – able to disturb the growth and development of an embryo or fetus – and carcinogenic.

Cowan believes chemicals named polycyclic aromatic hydrocarbons (PAHs), released from BP’s submerged oil, are likely to blame for what he is finding, due to the fact that the fish with lesions he is finding are from “a wide spatial distribution that is spatially coordinated with oil from the Deepwater Horizon, both surface oil and subsurface oil. A lot of the oil that impacted Louisiana was also in subsurface plumes, and we think there is a lot of it remaining on the seafloor”.

Marine scientist Samantha Joye of the University of Georgia published results of her submarine dives around the source area of BP’s oil disaster in the Nature Geoscience journal.

Her evidence showed massive swathes of oil covering the seafloor, including photos of oil-covered bottom dwelling sea creatures.

While showing slides at an American Association for the Advancement of Science annual conference in Washington, Joye said: “This is Macondo oil on the bottom. These are dead organisms because of oil being deposited on their heads.”

Dr Wilma Subra, a chemist and Macarthur Fellow, has conducted tests on seafood and sediment samples along the Gulf for chemicals present in BP’s crude oil and toxic dispersants.

“Tests have shown significant levels of oil pollution in oysters and crabs along the Louisiana coastline,” Subra told Al Jazeera. “We have also found high levels of hydrocarbons in the soil and vegetation.”

According to the US Environmental Protection Agency, PAHs “are a group of semi-volatile organic compounds that are present in crude oil that has spent time in the ocean and eventually reaches shore, and can be formed when oil is burned”.

“The fish are being exposed to PAHs, and I was able to find several references that list the same symptoms in fish after the Exxon Valdez spill, as well as other lab experiments,” explained Cowan. “There was also a paper published by some LSU scientists that PAH exposure has effects on the genome.”

The University of South Florida released the results of a survey whose findings corresponded with Cowan’s: a two to five per cent infection rate in the same oil impact areas, and not just with red snapper, but with more than 20 species of fish with lesions. In many locations, 20 per cent of the fish had lesions, and later sampling expeditions found areas where, alarmingly, 50 per cent of the fish had them.

“I asked a NOAA [National Oceanic and Atmospheric Administration] sampler what percentage of fish they find with sores prior to 2010, and it’s one tenth of one percent,” Cowan said. “Which is what we found prior to 2010 as well. But nothing like we’ve seen with these secondary infections and at this high of rate since the spill.”

“What we think is that it’s attributable to chronic exposure to PAHs released in the process of weathering of oil on the seafloor,” Cowan said. “There’s no other thing we can use to explain this phenomenon. We’ve never seen anything like this before.”

***

Crustacean biologist Darryl Felder, in the Department of Biology with the University of Louisiana at Lafayette is in a unique position.

Felder has been monitoring the vicinity of BP’s blowout Macondo well both before and after the oil disaster began, because, as he told Al Jazeera, “the National Science Foundation was interested in these areas that are vulnerable due to all the drilling”.

“So we have before and after samples to compare to,” he added. “We have found seafood with lesions, missing appendages, and other abnormalities.”

Felder also has samples of inshore crabs with lesions. “Right here in Grand Isle we see lesions that are eroding down through their shell. We just got these samples last Thursday and are studying them now, because we have no idea what else to link this to as far as a natural event.”

According to Felder, there is an even higher incidence of shell disease with crabs in deeper waters.

“My fear is that these prior incidents of lesions might be traceable to microbes, and my questions are, did we alter microbial populations in the vicinity of the well by introducing this massive amount of petroleum and in so doing cause microbes to attack things other than oil?”

One hypothesis he has is that the waxy coatings around crab shells are being impaired by anthropogenic chemicals or microbes resulting from such chemicals.

“You create a site where a lesion can occur, and microbes attack. We see them with big black lesions, around where their appendages fall off, and all that is left is a big black ring.”

Felder added that his team is continuing to document the incidents: “And from what we can tell, there is a far higher incidence we’re finding after the spill.”

“We are also seeing much lower diversity of crustaceans,” he said. “We don’t have the same number of species as we did before [the spill].”

***

Felder is also finding “odd staining” of animals that burrow into the mud that cause stain rings, and said: “It is consistently mineral deposits, possibly from microbial populations in [overly] high concentrations.”

***

Dr Andrew Whitehead, an associate professor of biology at Louisiana State University, co-authored the report Genomic and physiological footprint of the Deepwater Horizon oil spill on resident marsh fishes that was published in the journal Proceedings of the National Academy of Sciences in October 2011.

Whitehead’s work is of critical importance, as it shows a direct link between BP’s oil and the negative impacts on the Gulf’s food web evidenced by studies on killifish before, during and after the oil disaster.

“What we found is a very clear, genome-wide signal, a very clear signal of exposure to the toxic components of oil that coincided with the timing and the locations of the oil,” Whitehead told Al Jazeera during an interview in his lab.

According to Whitehead, the killifish is an important indicator species because they are the most abundant fish in the marshes, and are known to be the most important forage animal in their communities.

“That means that most of the large fish that we like to eat and that these are important fisheries for, actually feed on the killifish,” he explained. “So if there were to be a big impact on those animals, then there would probably be a cascading effect throughout the food web. I can’t think of a worse animal to knock out of the food chain than the killifish.”

But we may well be witnessing the beginnings of this worst-case scenario.

Whitehead is predicting that there could be reproductive impacts on the fish, and since the killifish is a “keystone” species in the food web of the marsh, “Impacts on those species are more than likely going to propagate out and effect other species. What this shows is a very direct link from exposure to DWH oil and a clear biological effect. And a clear biological effect that could translate to population level long-term consequences.”

***

Ed Cake, a biological oceanographer, as well as a marine and oyster biologist, has “great concern” about the hundreds of dolphin deaths he has seen in the region since BP’s disaster began, which he feels are likely directly related to the BP oil disaster.

“Adult dolphins’ systems are picking up whatever is in the system out there, and we know the oil is out there and working its way up the food chain through the food web – and dolphins are at the top of that food chain.”

Cake explained: “The chemicals then move into their lipids, fat, and then when they are pregnant, their young rely on this fat, and so it’s no wonder dolphins are having developmental issues and still births.”

Cake, who lives in Mississippi, added: “It has been more than 33 years since the 1979 Ixtoc-1 oil disaster in Mexico’s Bay of Campeche, and the oysters, clams, and mangrove forests have still not recovered in their oiled habitats in seaside estuaries of the Yucatan Peninsula. It has been 23 years since the 1989 Exxon Valdez oil disaster in Alaska, and the herring fishery that failed in the wake of that disaster has still not returned.”

Cake believes we are still in the short-term impact stage of BP’s oil disaster.

“I will not be alive to see the Gulf of Mexico recover,” said Cake, who is 72 years old. “Without funding and serious commitment, these things will not come back to pre-April 2010 levels for decades.”

***

“We’re continuing to pull up oil in our nets,” Rooks said. “Think about losing everything that makes you happy, because that is exactly what happens when someone spills oil and sprays dispersants on it. People who live here know better than to swim in or eat what comes out of our waters.”

Khuns and her husband told Al Jazeera that fishermen continue to regularly find tar balls in their crab traps, and hundreds of pounds of tar balls continue to be found on beaches across the region on a daily basis.

Meanwhile Cowan continues his work, and remains concerned about what he is finding.

“We’ve also seen a decrease in biodiversity in fisheries in certain areas. We believe we are now seeing another outbreak of incidence increasing, and this makes sense, since waters are starting to warm again, so bacterial infections are really starting to take off again. We think this is a problem that will persist for as long as the oil is stored on the seafloor.”

Did the BP Spill Ever Really Stop?

We’ve repeatedly documented that BP’s gulf Mocando well is still leaking.

Stuart Smith – a successful trial lawyer who won a billion dollar verdict against Exxon Mobil – noted recently:

New sampling data from the nonprofit Louisiana Environmental Action Network (LEAN) provide confirmation that not only is BP’s oil still very much present in the water in Bayou La Batre, but that it still exists in a highly toxic state nearly two years after the spill.

Here are photos of brown oily foam washing ashore in Bayou La Batre (just west of Mobile Bay) on February 27, 2012:

BLB2 28 12C 300x225 2 Years After the BP Oil Spill, Is the Gulf Ecosystem Collapsing?BLB2 28 12A 300x168 2 Years After the BP Oil Spill, Is the Gulf Ecosystem Collapsing?BLB2 27 12F 300x225 2 Years After the BP Oil Spill, Is the Gulf Ecosystem Collapsing?BLB2 27 12D 300x225 2 Years After the BP Oil Spill, Is the Gulf Ecosystem Collapsing?
Photo credit to the Louisiana Environmental Action Network (LEAN)

Water samples were taken by Dennis and Lori Bosarge, LEAN members from Coden, Alabama. The lab-certified test results are in (see full lab report at bottom), and they are startling in that they suggest that oil is still leaking from the Macondo reservoir – most likely from cracks and fissures in the seafloor around the plugged wellhead. Scientists believe the cracks were caused by BP’s heavy-handed “kill” efforts.

***

Despite numerous opportunities to do so, the U.S. Coast Guard has never publicly denied that the Macondo field is still leaking. And these latest sampling results out of Bayou La Batre provide damning new evidence that the BP oil spill never really ended.

Government Sits On Its Hands …
The New York Times notes today:

Congress’s response to the spill has been truly pathetic. It has not passed a single bill to prevent another catastrophe, according to a report issued Tuesday by former members of a presidential commission that investigated the spill. Congress has failed even to codify the Interior Department’s sound regulatory reforms, which could be undone by a future administration.

***

The administration has developed new standards for each stage of the drilling process — from rig design to spill response — insisting that operators fully prepare for worst-case scenarios. But the commissioners’ report notes that the new equipment systems have not yet been tested in deep-water conditions.

Indeed, Mother Jones points out that the White House pressured scientists to underestimate BP spill size. And see this Forbes write up, and our previous reporting on the topic.

This is exactly like Fukushima and the financial mess, because  government’s approach to crises is consistent, no matter what area we are talking about: let the giant companies which fund political campaigns do whatever they want … and then help them cover up the extent of the crisis once it inevitably hits.

Guest Post: Giant Banks Now 30% Bigger than When Dodd-Frank Financial “Reform” Law Was Passed

 

By Washington’s Blog

Size of Banks Killing Economy … But Giant Banks Have Only Gotten Bigger Since Financial “Reform” Enacted

For years, many high-level economists and financial experts have said that – unless we break up the giant banks – our economy will never recover, real reform will be blocked, and democracy and the rule of law will be corrupted.

So how did the government respond to the financial crisis which started in 2007?

Let the giant banks get even bigger.

As Bloomberg notes, the five banks that held assets equal to 43% of the US economy in 2007 before the financial crisis and the bank bailout now control assets that equal 56% of the US economy:

Two years after President Barack Obama vowed to eliminate the danger of financial institutions becoming “too big to fail,” the nation’s largest banks are bigger than they were before the credit crisis.

Five banks – JPMorgan Chase & Co. (JPM), Bank of America Corp., Citigroup Inc., Wells Fargo & Co., and Goldman Sachs Group Inc. — held $8.5 trillion in assets at the end of 2011, equal to 56 percent of the U.S. economy, according to the Federal Reserve.

Five years earlier, before the financial crisis, the largest banks’ assets amounted to 43 percent of U.S. output. The Big Five today are about twice as large as they were a decade ago relative to the economy, sparking concern that trouble at a major bank would rock the financial system and force the government to step in as it did during the 2008 crunch.

“Market participants believe that nothing has changed, that too-big-to-fail is fully intact,” said Gary Stern, former president of the Federal Reserve Bank of Minneapolis.

That specter is eroding faith in Obama’s pledge that taxpayer-funded bailouts are a thing of the past. It is also exposing him to criticism from Federal Reserve officials, Republicans and Occupy Wall Street supporters, who see the concentration of bank power as a threat to economic stability.

***

The industry’s evolution defies the president’s January 2010 call to “prevent the further consolidation of our financial system.” Embracing new limits on banks’ trading operations, Obama said then that taxpayers wouldn’t be well “served by a financial system that comprises just a few massive firms.”

Simon Johnson, a former chief economist of the International Monetary Fund, blames a “lack of leadership at Treasury and the White House” for the failure to fulfill that promise. “It’d be safer to break them up,” he said.

***

Regulatory burden could promote further industry consolidation, according to Wilbur Ross, chairman of WL Ross & Co., a private-equity firm.

“We think the little tiny banks, the 90-odd percent of banks that are under $1.5 billion in deposits, are pretty much an obsolete phenomenon,” he told Bloomberg Television on March 14. “We think they’ll all have to merge with each other, be acquired by bigger banks or something.”

***

In 2011, funding costs for banks with more than $10 billion in assets were about one-third less than for the smallest banks, according to the FDIC.

Some presidents of regional Federal Reserve banks have lambasted too big to fail. As Bloomberg notes:

In recent weeks, at least four current Fed presidents — Esther George of Kansas City, Charles Plosser of Philadelphia, Jeffrey Lacker of Richmond and Richard Fisher of Dallas — have voiced similar worries about the risk of a renewed crisis.

But the most powerful Fed bank – the New York Fed – and Bernanke’s Federal Open Market Committee, as well as Tim Geithner’s Treasury Department, have done everything possible to ensure that the the giant banks become too bigger to fail.

Guest Post: Study: Genetically Modified Corn Increases Body Weight in Rats

We previously reported:

Many crops in the U.S. are now genetically modified. For example, 93 percent of soybeans grown in the US are genetically engineered, as are:

Some allege that Roundup kills healthy gut bacteria, and that genetically modified crops cause other health problems.

Many people claim that genetically modified (GM) foods increase obesity:

 

But is there any evidence for that claim?

One study implies that there might be.

Scientists tested GM corn at Monsanto laboratories, and found that the GMs increase body weight in rats. Specifically, a paper published in the International Journal of Biological Sciences reported in 2009:

We present for the first time a comparative analysis of blood and organ system data from trials with rats fed three main commercialized genetically modified (GM) maize (NK 603, MON 810, MON 863), which are present in food and feed in the world.

***

The three animal feeding studies were conducted in two different laboratories and at two different dates; at Monsanto (Missouri, USA) for NK 603 and MON 810 (June 7, 2000) and at Covance Laboratories Inc. (Virginia, USA) for MON 863 (March 14, 2001) on behalf of Monsanto.

***

Crude and relative liver weights are also affected at the end of the maximal (33%) GM maize feeding level as well as that of the heart which for corresponding parameters to a comparable extent, showed up to an 11% weight increase.

***

Additional statistically significant differences include … higher … overall body (3.7%) weight

***

Several parameters indicate increases in circulating glucose and triglyceride levels, with liver function parameters disrupted together with a slight increase in total body weight. This physiological state is indicative of a pre-diabetic profile.

***

Our data strongly suggests that these GM maize varieties induce a state of hepatorenal [i.e. kidney and liver] toxicity.

***

This can be due to the new pesticides (herbicide or insecticide) present specifically in each type of GM maize, although unintended metabolic effects due to the mutagenic properties of the GM transformation process cannot be excluded. All three GM maize varieties contain a distinctly different pesticide residue associated with their particular GM event (glyphosate and AMPA in NK 603, modified Cry1Ab in MON 810, modified Cry3Bb1 in MON 863). These substances have never before been an integral part of the human or animal diet and therefore their health consequences for those who consume them, especially over long time periods are currently unknown.

Remember that some GM crops are engineered to have the plants produce their own pesticides. Some pesticides can cause obesity. And – contrary to pesticide industry claims – the pesticides are not somehow magically destroyed before making it into our bloodstream.

Many past studies have also shown health and environmental problems from GM foods as well.

Indeed, even animals are getting fatter … which points to something in the environment.

Guest Post: Legal Experts Destroy Rationale for Obama’s Assassination Policy … And Slam Democrats for Supporting It

Obama Expanding Program Started by Cheney

Attorney General Eric Holder announced at Northwestern University law school that the U.S. can assassinate U.S. citizens without any without disclosure of why they are even alleged to be baddies and without any review of any nature whatsoever by any judge, Congress or the American people.

Northwestern University’s law school professor Joseph Margulies said:

I defy anyone to read [Holder's] speech and show any differences between Obama and Bush on these issues, They both say we are in a war not confined to particular battlefield. … Both say we can target citizens without judicial oversight and that can happen anywhere in the world.

Columbia law school professor Scott Horton notes that this assassination strategy was created by Dick Cheney, and is being carried out by the Obama administration:

A lot of this seems to have been put in place under the tutelage of Dick Cheney. So here we see one of Dick Cheney’s ideas being ratified by Barack Obama and his Attorney General Eric Holder.

(Obama is also implementing Cheney and the boys’ plans for war in the Middle East and North Africa.)

Top constitutional law expert Jonathan Turley slams the Democratic Party for its complicity:

The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated.

***

Senior administration officials have asserted that the president may kill an American anywhere and anytime, including in the United States. Holder’s speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added, “Our legal authority is not limited to the battlefields in Afghanistan.”

The Obama administrationcontinues to stonewall efforts to get it to acknowledge the existence of a memo authorizing the killing of Anwar al-Awlaki. Democrats previously demanded the “torture memos” of the Bush administration that revealed both poor legal analysis by Judge Jay Bybee and Professor John Yoo to justify torture. Now, however, Democrats are largely silent in the face of a president claiming the right to unilaterally kill citizens.

Holder became particularly cryptic in his assurance of caution in the use of this power, insisting that they will kill citizens only with “the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States.” What on earth does that mean?

Former constitutional trial lawyer and progressive writer Glenn Greenwald agrees:

The willingness of Democrats to embrace and defend this power is especially reprehensible because of how completely, glaringly and obviously at odds it is with everything they loudly claimed to believe during the Bush years. Recall two of the most significant “scandals” of the Bush War on Terror: his asserted power merely to eavesdrop on and detain accused Terrorists without judicial review of any kind. Remember all that? Progressives endlessly accused Bush of Assaulting Our Values and “shredding the Constitution” simply because Bush officials wanted to listen in on and detain suspected Terrorists — not kill them, just eavesdrop on and detain them — without first going to a court and proving they did anything wrong. Yet here is a Democratic administration asserting not merely the right to surveil or detain citizens without charges or judicial review, but to kill them without any of that: a far more extreme, permanent and irreversible act. Yet, with some righteous exceptions, the silence is deafening, or worse.

How can anyone who vocally decried Bush’s mere eavesdropping and detention powers without judicial review possibly justify Obama’s executions without judicial review? How can the former (far more mild powers) have been such an assault on Everything We Stand For while the latter is a tolerable and acceptable assertion of war powers? If Barack Obama has the right to order accused Terrorists executed by the CIA because We’re At War, then surely George Bush had the right to order accused Terrorists eavesdropped on and detained on the same ground.

That the same Party and political faction that endlessly shrieked about Bush’s eavesdropping and detention programs now tolerate Obama’s execution program is one of the most extreme and craven acts of dishonesty we’ve seen in quite some time.

***

To recap Barack Obama’s view: it is a form of “terror” for someone to be detained “without even getting one chance to prove their innocence,” but it is good and noble for them to be executed under the same circumstances. To recap Eric Holder’s view: we must not accept when the Bush administration says “just trust us” when it comes to spying on the communications of accused Terrorists, but we must accept when the Obama administration says “just trust us” when it comes to targeting our fellow citizens for execution.

***

What’s so striking is how identical Obama officials and their defenders sound when compared to the right-wing legal theorists who justified Bush’s most controversial programs. Even the core justifying slogans are the same: we are at War; the Battlefield is everywhere; Presidents have the right to spy on, detain and kill combatants without court permission; the Executive Branch is the sole organ for war and no courts can interfere in the President’s decisions, etc. I spent years writing about and refuting those legal theories and they are identical to what we hear now. Just consider how similar the two factions sound to one another. When it came to their War on Terror controversies, Bush officials constantly said back then exactly what Obama officials and defenders say now: we’re only using these powers against Terrorists — The Bad People — not against regular, normal, Good Americans; so if you’re not a Terrorist, you have nothing to worry about.

***

This is nothing more than an exercise of supremely circular reasoning and question-begging: whether someone is actually a Terrorist can be determined only when the evidence of their guilt is presented and they have an opportunity to respond, just as Holder and Obama said during the Bush years. Government assurances that they’re only targeting Terrorists — whether those assurances issue from Bush or Obama — should reassure nobody: this is always what those who abuse power claim, and it’s precisely why we don’t trust government officials to punish people based on unproven accusations. [Indeed, .]

***

We supposedly learned important lessons from the abuses of power of the Nixon administration, and then of the Bush administration: namely, that we don’t trust government officials to exercise power in the dark, with no judicial oversight, with no obligation to prove their accusations. Yet now we hear exactly this same mentality issuing from Obama, his officials and defenders to justify a far more extreme power than either Nixon or Bush dreamed of asserting: he’s only killing The Bad Citizens, so there’s no reason to object!

***

That this policy is being implemented and defended by the very same political party that spent the last decade so vocally and opportunistically objecting to far less extreme powers makes it all the more repellent. That fact also makes it all the more dangerous, because — as one can see — the fact that it is a Democratic President doing it, and Democratic Party officials justifying it, means that it’s much easier to normalize: very few of the Party’s followers, especially in an election year, are willing to make much of a fuss about it at all.

And thus will presidential assassination powers be entrenched as bipartisan consensus for at least a generation. That will undoubtedly be one of the most significant aspects of the Obama legacy. Let no Democrat who is now supportive or even silent be heard to object when the next Republican President exercises this power in ways that they dislike.

As does Charles Pierce:

The criteria for when a president can unilaterally decide to kill somebody is completely full of holes, regardless of what the government’s pet lawyers say. And this…

“This is an indicator of our times,” Holder said, “not a departure from our laws and our values.”

…is a monumental pile of crap that should embarrass every Democrat who ever said an unkind word about John Yoo. This policy is a vast departure from our laws and an interplanetary probe away from our values. The president should not have this power because the Constitution, which was written by smarter people than, say, Benjamin Wittes, knew full and goddamn well why the president shouldn’t have this power. If you give the president the power to kill without due process, or without demonstrable probable cause, he inevitably will do so. And, as a lot of us asked during the Bush years, if you give this power to President George Bush, will you also give it to President Hillary Clinton and, if you give this power to President Barack Obama, will you also give it to President Rick Santorum?

Greenwald also points out that it is unclear whether the poster child for assassination of American citizens – Anwar Al Awlaki – was even a threat:

Applying traditional war doctrine to accused Terrorists (who are not found on a battlefield but in their cars, their homes, at work, etc.) is so inappropriate, and why judicial review is so urgent: because the risk of false accusations is so much higher than it is when capturing uniformed soldiers on an actual battlefield. Just recall how dubious so many government accusations of Terrorism turned out to be once federal courts began scrutinizing those accusations for evidentiary support. Indeed, Yemen experts such as Gregory Johnsen have repeatedly pointed out in response to claims that Awlaki plotted Terrorist attacks: “we know very little, precious little when it comes to his operational role” andwe just don’t know this, we suspect it but don’t know it.” Given this shameful record in the War on Terror, what rational person would “trust” the Government to make determinations about who is and is not a Terrorist in the dark, with no limits or checks on what they can do?

***

Holder’s attempt to justify these assassinations on the ground that “capture is not feasible” achieves nothing. For one, the U.S. never even bothered to indict Awlaki so that he could voluntarily turn himself in or answer the charges (though at one point, long after they first ordered him killed, they “considered” indicting him); instead, they simply killed him without demonstrating there was any evidence to support these accusations. What justifies that? Additionally, the fact that the Government is unable to apprehend and try a criminal does not justify his murder; absent some violent resistance upon capture, the government is not free to simply go around murdering fugitives who have been convicted of nothing. Moreover, that Awlaki could not have been captured in a country where the government is little more than an American client is dubious at best …

(Interestingly, Lt.Col. Anthony Shaffer – who claims to have tracked several of the 9/11 hijackers prior to September 11th – alleges that al-Awlaki was a triple agent and an FBI asset before 9/11.)

Guest Post: Attorney General Holder Says Murder Is Legal

By Washington’s Blog

By leading anti-war activist David Swanson, author of Day Break and War Is A Lie, who runs the websites DavidSwanson.org and WarIsACrime.org (formerly AfterDowningStreet.org)

Attorney General Eric Holder on Monday explained why it’s legal to murder people — not to execute prisoners convicted of capital crimes, not to shoot someone in self-defense, not to fight on a battlefield in a war that is somehow legalized, but to target and kill an individual sitting on his sofa, with no charges, no arrest, no trial, no approval from a court, no approval from a legislature, no approval from we the people, and in fact no sharing of information with any institutions that are not the president.  Holder’s speech approached his topic in a round about manner:

“Since this country’s earliest days, the American people have risen to this challenge – and all that it demands.  But, as we have seen – and as President John F. Kennedy may have described best – ‘In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger.’”

Holder quotes that and then immediately rejects it, claiming that our generation too should act as if it is in such a moment, even if it isn’t, a moment that Holder’s position suggests may last forever:

“Half a century has passed since those words were spoken, but our nation today confronts grave national security threats that demand our constant attention and steadfast commitment.  It is clear that, once again, we have reached an ‘hour of danger.’

“We are a nation at war.  And, in this war, we face a nimble and determined enemy that cannot be underestimated.”

So, if I were to estimate that Al Qaeda barely exists and is no serious threat to the Homeland formerly known as the United States, I would not be underestimating it?  If I were to point out that no member of that horrifying outfit has been killed in Afghanistan this year, that fact would not contribute to an unacceptable underestimation?  What fun it is to fight the most glorious of wars in the hour of maximum danger against an enemy so pitiful that it literally cannot be underestimated.

If the people of Iraq and Afghanistan hadn’t risen up and defeated the trillion-dollar U.S. military with some homemade bombs and cell phones, and were Iran not threatening to fight back if attacked, this might be all fun and games.  Except that Holder isn’t talking about those wars that still sort of look like wars.  He’s talking about a war paralleling the Soviet Threat, a war that is everywhere all the time, a war that encompasses the murder of anybody anywhere as an “act of war,” even if there’s nothing warlike about the victim or the situation other than the fact that we are mudering him or her.

“I know that – more than a decade after the September 11th attacks; and despite our recent national security successes, including the operation that brought to justice Osama bin Laden last year – there are people currently plotting to murder Americans, who reside in distant countries as well as within our own borders.  Disrupting and preventing these plots – and using every available and appropriate tool to keep the American people safe – has been, and will remain, this Administration’s top priority.”

Osama bin Laden was murdered.  No attempt was made to capture him.  You can defend that murder, but to call it “bringing to justice” and to get away with that characterization is to win the argument before you’ve begun it.  This speech was advertised as a legal defense of such murders, and such a defense can hardly begin and end with equating murder with justice.

Nor can promising not to spy on U.S. citizens without proper procedures satisfy concerns with the claiming of power to kill people, including U.S. citizens.  Here’s Holder:

“Let me give you an example.  Under section 702 of the Foreign Intelligence Surveillance Act, the Attorney General and the Director of National Intelligence may authorize annually, with the approval of the Foreign Intelligence Surveillance Court, collection directed at identified categories of foreign intelligence targets, without the need for a court order for each individual subject.  This ensures that the government has the flexibility and agility it needs to identify and to respond to terrorist and other foreign threats to our security.  But the government may not use this authority intentionally to target a U.S. person, here or abroad, or anyone known to be in the United States.”

Nor can promising to imprison people without a fair trial justify murdering people.  But Holder does not do that.  He promises kangaroo courts:

“Much has been made of the distinction between our federal civilian courts and revised military commissions.  The reality is that both incorporate fundamental due process and other protections that are essential to the effective administration of justice – and we should not deprive ourselves of any tool in our fight against al Qaeda.”

Even though al Qaeda cannot be underestimated!  Most legal obeservers do not take this seriously for a minute.  Here’s 2008 presidential candidate Barack Obama: “As president, I will close Guantanamo, reject the Military Commissions Act, and adhere to the Geneva Conventions.  Our Constitution and our Uniform Code of Military Justice provide a framework for dealing with the terrorists … Our Constitution works. We will again set an example for the world that the law is not subject to the whims of stubborn rulers, and that justice is not arbitrary.” Go Team!

Holder then explains, sensibly enough, why non-military courts work just fine (unless an extreme record of nearly 100% convictions worries you):

“Simply put, since 9/11, hundreds of individuals have been convicted of terrorism or terrorism-related offenses in Article III courts and are now serving long sentences in federal prison.  Not one has ever escaped custody.  No judicial district has suffered any kind of retaliatory attack.”

But he returns immediately to defending courts that lack basic protections, claims those protections have now been put in place, and asserts that military commissions have been successfully reformed.  Among those who have not been convinced is the former chief prosecutor of the military commissions at Guantanamo, Col. Morris Davis who said in November: “a decision to use both legal settings is a mistake. It will establish a dangerous legal double standard that gives some detainees superior rights and protections, and relegates others to the inferior rights and protections of military commissions.  This will only perpetuate the perception that Guantanamo and justice are mutually exclusive.” Of course the question of how bad military commissions are also does nothing to advance a case for legal murder.

Holder turns next to the presidential power to imprison people that was signed into law on New Year’s Eve as part of the National “Defense” Authorization Act:

“This Administration has worked in other areas as well to ensure that counterterrorism professionals have the flexibility that they need to fulfill their critical responsibilities without diverging from our laws and our values.  Last week brought the most recent step, when the President issued procedures under the National Defense Authorization Act.  This legislation, which Congress passed in December, mandated that a narrow category of al Qaeda terrorist suspects be placed in temporary military custody.”

This legislation did nothing of the sort.  For one thing, Obama unconstitutionally altered it in a signing statement as it applied to a huge prison full of largely non-al Qaeda prisoners in Afghanistan.  In addition, there has been quite a bit of discussion of the power this bill creates to imprison U.S. citizens.  The State of Virginia has forbidden state employees from assisting with that.  Senator Diane Feinstein has introduced a bill to undo it.  And, despite tremendous, often willful, confusion, the history is clear that Obama insisted on the power to imprison U.S. citizens and to do so outside of the military.

Three quarters of the way through a speech on the legality of murdering people, Holder begins to approach that touchy topic.  Here is what he says:

“Now, I realize I have gone into considerable detail about tools we use to identify suspected terrorists and to bring captured terrorists to justice.  It is preferable to capture suspected terrorists where feasible – among other reasons, so that we can gather valuable intelligence from them – but we must also recognize that there are instances where our government has the clear authority – and, I would argue, the responsibility – to defend the United States through the appropriate and lawful use of lethal force.”

By “government” Holder means the president, whether President Obama or President Romney or President Santorum or any man or woman who later becomes president, and nobody else.  That one person alone is to decide what is appropriate and lawful and feasible.  If the Vice President thinks it is feasible to capture somene, too bad for him.  He should have gotten a better job if he wanted to be a decider.  If the Chief Justice of the Supreme Court thinks preaching against the United States is not a capital offense, tough tamales.  He shouldn’t dress in his bathrobe if he wants to be taken seriously.  If the United States Congress objects that the president’s “surgical strikes” tend to kill too many random men, women, and children, well they know what they can do: Run for president! If the United Nations special rapporteur on extrajudicial killings has objections, well — Isn’t that SPECIAL?  And the American people?  They can shut up or vote for a racist buffoon from the bad party.  Holder continues:

“This principle has long been established under both U.S. and international law.  In response to the attacks perpetrated – and the continuing threat posed – by al Qaeda, the Taliban, and associated forces, Congress has authorized the President to use all necessary and appropriate force against those groups.  Because the United States is in an armed conflict, we are authorized to take action against enemy belligerents under international law.  The Constitution empowers the President to protect the nation from any imminent threat of violent attack.  And international law recognizes the inherent right of national self-defense.  None of this is changed by the fact that we are not in a conventional war.”

In reality, the 2001 authorization to use military force violates the Kellogg-Briand Pact, the UN Charter, and the U.S. Constitution.  It dates to only 10 years ago.  And it is already getting old, as it is becoming harder and harder to accuse people of involvement in the attacks of September 11, 2001.  No international law recognizes secret global war without limitation in time or space.  There is no long established tradition of this madness.  There has never been any type of violence that somebody wouldn’t call “defensive,” but the traditional right to national military defense applies only to nations being attacked by other nations, and not in a mystical or ideological sense, but actually attacked in the geographic area formerly known as the nation.  Holder says that’s old hat:

“Our legal authority is not limited to the battlefields in Afghanistan.  Indeed, neither Congress nor our federal courts has limited the geographic scope of our ability to use force to the current conflict in Afghanistan.  We are at war with a stateless enemy, prone to shifting operations from country to country.  Over the last three years alone, al Qaeda and its associates have directed several attacks – fortunately, unsuccessful – against us from countries other than Afghanistan.  Our government has both a responsibility and a right to protect this nation and its people from such threats.”

Several attacks?  Against the United States? In the last three years?  By al Qaeda and its associates? If Holder had been willing to take any questions after tossing out so many topics, someone might have asked for documentation of this.  And if people, as opposed to media employees, had been allowed to ask questions, someone might have inquired how whatever actions Holder described were war rather than crime.  If war, then they ought to be legal.  Holder just said that attacks are legal if you’re at war.  But he also said he only wanted to kill people if they couldn’t be captured, and he prefaced this with claims that everybody captured gets a fair trial.  That would seem to suggest a crime for which they might be tried.  But then why not try them for the crime in absentia and build pressure for their capture and extradition?  Why not at least state what the crime is, even after murdering them?  Why not at least state which murdered people were criminals and which just happened to be in the wrong place, unaware that they happened to be walking through a war?

Holder goes on to explain that the president will only murder someone in a foreign country if he’s decided that that country won’t do it for him.  This, Holder says, constitutes “respect for another nation’s sovereignty.”

Moreover, says Holder, we murdered important Japanese officers during World War II.  Of course, the United States was at war with Japan at the time, and Congress had declared that war.  The United States also committed numerous hideous crimes during that war, including the lawless imprisonment of Japanese-Americans that created the laws Holder tossed out during the first part of his speech.  Holder explains that murder is not assassination when the president does it, because he only murders people he declares to constitute an imminent threat:

“Some have called such operations ‘assassinations.’  They are not, and the use of that loaded term is misplaced.  Assassinations are unlawful killings.  Here, for the reasons I have given, the U.S. government’s use of lethal force in self defense against a leader of al Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful — and therefore would not violate the Executive Order banning assassination or criminal statutes.”

But Obama has not so much as claimed that each person he killed constituted an imminent threat, much less convinced any independent body (sorry, Eric, you don’t count) of this.

I think the speech could have ended there.  But many in the United States believe such flimsy justifications for presidential killings only fall apart when U.S. citizens are the victims.  So, Holder goes on to argue that U.S. citizens are fair game.  The protest of this outrage, were Obama a Republican, is one for the record books in some alternative universe!

“Now, it is an unfortunate but undeniable fact that some of the threats we face come from a small number of United States citizens who have decided to commit violent attacks against their own country from abroad.  Based on generations-old legal principles and Supreme Court decisions handed down during World War II, as well as during this current conflict, it’s clear that United States citizenship alone does not make such individuals immune from being targeted.  But it does mean that the government must take into account all relevant constitutional considerations with respect to United States citizens – even those who are leading efforts to kill innocent Americans.  Of these, the most relevant is the Fifth Amendment’s Due Process Clause, which says that the government may not deprive a citizen of his or her life without due process of law.

“The Supreme Court has made clear that the Due Process Clause does not impose one-size-fits-all requirements, but instead mandates procedural safeguards that depend on specific circumstances.  In cases arising under the Due Process Clause – including in a case involving a U.S. citizen captured in the conflict against al Qaeda – the Court has applied a balancing approach, weighing the private interest that will be affected against the interest the government is trying to protect, and the burdens the government would face in providing additional process.  Where national security operations are at stake, due process takes into account the realities of combat. . . .

“Let me be clear:  an operation using lethal force in a foreign country, targeted against a U.S. citizen who is a senior operational leader of al Qaeda or associated forces, and who is actively engaged in planning to kill Americans, would be lawful at least in the following circumstances: First, the U.S. government has determined, after a thorough and careful review, that the individual poses an imminent threat of violent attack against the United States; second, capture is not feasible; and third, the operation would be conducted in a manner consistent with applicable law of war principles.”

How are we supposed to know that Awlaki was a senior opeational leader of al Qaeda?  And his teenage son?  Was he that too?  By “government” Holder means Obama.  Obama determined these things.

“The evaluation of whether an individual presents an ‘imminent threat’ incorporates considerations of the relevant window of opportunity to act, the possible harm that missing the window would cause to civilians, and the likelihood of heading off future disastrous attacks against the United States.  As we learned on 9/11, al Qaeda has demonstrated the ability to strike with little or no notice – and to cause devastating casualties.  Its leaders are continually planning attacks against the United States, and they do not behave like a traditional military – wearing uniforms, carrying arms openly, or massing forces in preparation for an attack.  Given these facts, the Constitution does not require the President to delay action until some theoretical end-stage of planning – when the precise time, place, and manner of an attack become clear.  Such a requirement would create an unacceptably high risk that our efforts would fail, and that Americans would be killed.”

The Constitution doesn’t describe this sort of madness at all, so how could it possibly include such a requirement?  The appeal to “defensive war” cited by Holder above itself requires more than awaiting the moment an attack becomes clear.  It requires awaiting an actual attack.  Law enforcement does not require that.  Diplomacy does not require that.  Ceasing to occupy, bomb, and pillage people’s countries, motivating hostile terrorism, doesn’t require that.  But defensive war does.

“Some have argued that the President is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of al Qaeda or associated forces.  This is simply not accurate.  ‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security.  The Constitution guarantees due process, not judicial process.”

The president alone can give you due process without ever explaining it to anybody else.  Who knew?

“That is not to say that the Executive Branch has – or should ever have – the ability to target any such individuals without robust oversight.  Which is why, in keeping with the law and our constitutional system of checks and balances, the Executive Branch regularly informs the appropriate members of Congress about our counterterrorism activities, including the legal framework, and would of course follow the same practice where lethal force is used against United States citizens.”

Why “would”?  This is not theoretical.  Informing a handful of Congress members, and no doubt forbidding them to repeat what they are told, does not create Congressional oversight.  It just creates a Bush-era excuse for lawlessness.

Holder planned to take no questions following his remarks.  I wonder why.

9/11 Commissioner and Co-Chair of Congressional Inquiry into 9/11 Say in Sworn Declarations that Saudi Government Linked to 9/11 Attacks

By Washington’s Blog

Two Senators with Access to Classified Information Say Saudi Government Backed 9/11 Attack

Two former senators – one a 9/11 Commissioner, the other the co-chair of the joint Congressional inquiry into 9/11 – state in sworn declarations that the Saudi government backed the 9/11 attack.

The New York Times reports:

For more than a decade, questions have lingered about the possible role of the Saudi government in the attacks on Sept. 11, 2001, even as the royal kingdom has made itself a crucial counterterrorism partner in the eyes of American diplomats.

Now, in sworn statements that seem likely to reignite the debate, two former senators who were privy to top secret information on the Saudis’ activities say they believe that the Saudi government might have played a direct role in the terrorist attacks.

“I am convinced that there was a direct line between at least some of the terrorists who carried out the September 11th attacks and the government of Saudi Arabia,” former Senator Bob Graham, Democrat of Florida, said in an affidavit filed as part of a lawsuit brought against the Saudi government and dozens of institutions in the country by families of Sept. 11 victims and others. Mr. Graham led a joint 2002 Congressional inquiry into the attacks.

As we noted last year:

The Co-Chair of the Congressional Inquiry into 9/11 and former Head of the Senate Intelligence Committee, Bob Graham, previously stated that an FBI informant had hosted and rented a room to two hijackers in 2000 and that, when the Inquiry sought to interview the informant, the FBI refused outright, and then hid him in an unknown location, and that a high-level FBI official stated these blocking maneuvers were undertaken under orders from the White House (confirmed here).

Today, Graham called for a new 9/11 investigation. As Raw Story notes:

Graham on Monday called on the U.S. government to reopen its investigation into 9/11 after a report found that links between Saudi Arabia and the hijackers were never disclosed by the FBI to the 2002 joint Congressional intelligence committee investigating the attacks.

“In the final report of the congressional inquiry, there was a chapter related primarily to the Saudi role in 9/11 that was totally censored, every word of the chapter has been withheld from the public,” Graham said on MSNBC’s The Dylan Ratigan Show.

“Some of the other questions we ought to be asking are if we know that the Saudis who lived in San Diego and now apparently in Sarasota received substantial assistance, what about the Saudis who lived in Phoenix, Arizona? Or Arlington, Virginia? … What was happening in those places?”

“I believe these are questions for which there are definitive answers, but the American people and largely their elected representatives have been denied that information.”

The Times continues:

His former Senate colleague, Bob Kerrey of Nebraska, a Democrat who served on the separate 9/11 Commission, said in a sworn affidavit of his own in the case that “significant questions remain unanswered” about the role of Saudi institutions. “Evidence relating to the plausible involvement of possible Saudi government agents in the September 11th attacks has never been fully pursued,” Mr. Kerrey said.

Their affidavits, which were filed on Friday and have not previously been disclosed, are part of a multibillion-dollar lawsuit that has wound its way through federal courts since 2002. An appellate court, reversing an earlier decision, said in November that foreign nations were not immune to lawsuits under certain terrorism claims, clearing the way for parts of the Saudi case to be reheard in United States District Court in Manhattan.

***

The Saudis are seeking to have the case dismissed in part because they say American inquiries — including those in which Mr. Graham and Mr. Kerrey took part — have essentially exonerated them. A recent court filing by the Saudis prominently cited the 9/11 Commission’s “exhaustive” final report, which “found no evidence that the Saudi government as an institution or senior Saudi individuals funded” Al Qaeda.

But Mr. Kerrey and Mr. Graham said that the findings should not be seen as an exoneration and that many important questions about the Saudis’ role had never been fully examined, partly because their panels simply did not have the time or resources given their wider scope.

Terry Strada of New Vernon, N.J., whose husband died in the World Trade Center, said it was “so absurd that it’s laughable” for the Saudis to claim that the federal inquiries had exonerated them.

Unanswered questions include the work of a number of Saudi-sponsored charities with financial links to Al Qaeda, as well as the role of a Saudi citizen living in San Diego at the time of the attacks, Omar al-Bayoumi, who had ties to two of the hijackers and to Saudi officials, Mr. Graham said in his affidavit.

Still, Washington has continued to stand behind Saudi Arabia publicly, with the Justice Department joining the kingdom in trying to have the lawsuits thrown out of court on the grounds that the Saudis are protected by international immunity.

As we’ve repeatedly noted:

9/11 Commissioner Bob Kerrey said that “There are ample reasons to suspect that there may be some alternative to what we outlined in our version . . . We didn’t have access . . . .” He also says that it might take “a permanent 9/11 commission” to end the remaining mysteries of September 11

Indeed, while everyone remembers the false allegations about Iraqi weapons of mass destruction, most forget that the other primary justification for the war was the false linkage between Iraq and 9/11.

The failure to really investigate 9/11 led us into a disastrous war … which has virtually bankrupted our country.

Unfortunately, the endless wars in the Middle East and North Africa are about oil, not national security (and see this).

So we have idiots like MSNBC talking head Joe Scarborough saying that – even if the Saudi government backed the 9/11 attacks – Saudi oil is too important to do anything about it:

Guest Post: Independent Report Contradicts Western Portrait of Syria

By Washington’s Blog

Arab League Report Shows that Syria Has Been Mischaracterized

While the Western media act like the Syrian government is wantonly and indiscriminately killing its own people without provocation, an independent investigation has found a different reality on the ground.

Specifically, over 160 monitors from the Arab League – comprised of both allies and mortal enemies of Syria – toured Syria and published a report on January 27th showing that the situation has been mischaracterized.

Initially, the report noted general cooperation by the Syrian government:

The Mission [i.e. the Arab League investigative team] noted that the Government strived to help it succeed in its task and remove any barriers that might stand in its way. The Government also facilitated meetings with all parties. No restrictions were placed on the movement of the Mission and its ability to interview Syrian citizens, both those who opposed the Government and those loyal to it.

The report noted that the media has greatly exaggerated the amount of violence in Syria:

The Mission noted that many parties falsely reported that explosions or violence had occurred in several locations. When the observers went to those locations, they found that those reports were unfounded.

The Mission also noted that, according to its teams in the field, the media exaggerated the nature of the incidents and the number of persons killed in incidents and protests in certain towns.

***

Since it began its work, the Mission has been the target of a vicious media campaign. Some media outlets have published unfounded statements, which they attributed to the Head of the Mission. They have also grossly exaggerated events, thereby distorting the truth.

Such contrived reports have helped to increase tensions among the Syrian people and undermined the observers’ work.

Indeed, some of the observers themselves violated their oath of neutrality and exaggerated the violence:

Some observers reneged on their duties and broke the oath they had taken. They made contact with officials from their countries and gave them exaggerated accounts of events. Those officials consequently developed a bleak and unfounded picture of the situation.

While the government has exaggerated the number of detainees released, it has in fact thousands of detainees:

On 19 January 2012, the Syrian government stated that 3569 detainees had been released from military and civil prosecution services. The Mission verified that 1669 of those detained had thus far been released. It continues to follow up the issue with the Government and the opposition, emphasizing to the Government side that the detainees should be released in the presence of observers so that the event can be documented.

The Mission has validated the following figures for the total number of detainees that the Syrian government thus far claims to have released:
• Before the amnesty: 4,035
• After the amnesty: 3,569.
The Government has therefore claimed that a total of 7,604 detainees have been released.

The Mission has verified the correct number of detainees released and arrived at the following figures:
• Before the amnesty: 3,483
• After the amnesty: 1,669
The total number of confirmed releases is therefore 5152. The Mission is continuing to monitor the process and communicate with the Syrian Government for the release of the remaining detainees.

While the government has not withdrawn all of its forces, the military has withdrawn from many areas:

Based on the reports of the field-team leaders and the meeting held on 17 January 2012 with all team leaders, the Mission confirmed that all military vehicles, tanks and heavy weapons had been withdrawn from cities and residential neighbourhoods. Although there are still some security measures in place in the form of earthen berms and barriers in front of important buildings and in squares, they do not affect citizens.

Perhaps most importantly, the report notes that the Syrian people do not want foreign intervention:

However, the citizens believe the crisis should be resolved peacefully through Arab
mediation alone, without international intervention. Doing so would allow them to live in peace and complete the reform process and bring about the change they desire.

The report condemns violence by both sides, but stresses that much of the violence has been perpetrated by the rebels against government forces:

In Homs and Dera‘a, the Mission observed armed groups committing acts of violence against Government forces, resulting in death and injury among their ranks. In certain situations, Government forces responded to attacks against their personnel with force. The observers noted that some of the armed groups were using flares and armour-piercing projectiles.

In Homs, Idlib and Hama, the Observer Mission witnessed acts of violence being committed against Government forces and civilians that resulted in several deaths and injuries. Examples of those acts include the bombing of a civilian bus, killing eight persons and injuring others, including women and children, and the bombing of a train carrying diesel oil. In another incident in Homs, a police bus was blown up, killing two police officers. A fuel pipeline and some small bridges were also bombed.

***

Recently, there have been incidents that could widen the gap and increase bitterness between the parties. These incidents can have grave consequences and lead to the loss of life and property. Such incidents include the bombing of buildings, trains carrying fuel, vehicles carrying diesel oil and explosions targeting the police, members of the media and fuel pipelines. Some of those attacks have been carried out by the Free
Syrian Army [the main opposition group] and some by other armed opposition groups.

Why Hasn’t The Report Received Media Coverage?

Why hasn’t the Arab League report received any press, given that it provides a much more reassuring and less apocalyptic picture of what is going on in Syria?

Pepe Escobar reports in the Asia Times:

When the over 160 monitors, after one month of enquiries, issued their report … surprise! The report did not follow the official GCC [i.e Arab League] line – which is that the “evil” Bashar al-Assad government is indiscriminately, and unilaterally, killing its own people, and so regime change is in order.

The Arab League’s Ministerial Committee had approved the report, with four votes in favor (Algeria, Egypt, Sudan and GCC member Oman) and only one against; guess who, Qatar – which is now presiding the Arab League because the emirate bought their (rotating) turn from the Palestinian Authority.

So the report was either ignored (by Western corporate media) or mercilessly destroyed – by Arab media, virtually all of it financed by either the House of Saud or Qatar. It was not even discussed – because it was prevented by the GCC from being translated from Arabic into English and published in the Arab League’s website.

Until it was leaked.

***

Still [the U.S., Israel, Saudi Arabia and Qatar - what Escobar calls the NATOGCC], blocked from applying in Syria its one-size-fits-all model of promoting “democracy” by bombing a country and getting rid of the proverbial evil dictator, won’t be deterred. GCC leaders House of Saud and Qatar bluntly dismissed their own report and went straight to the meat of the matter; impose a NATOGCC regime change via the UN Security Council.

So the current “Arab-led drive to secure a peaceful end to the 10-month crackdown” in Syria at the UN is no less than a crude regime change drive. Usual suspects Washington, London and Paris have been forced to fall over themselves to assure the real international community this is not another mandate for NATO bombing – a la Libya. US Secretary of State Hillary Clinton described it as “a path for a political transition that would preserve Syria’s unity and institutions”.

But BRICS members Russia and China see it for what it is. Another BRICSblank Independent Report Contradicts Western Portrait of Syria member – India – alongside Pakistan and South Africa, have all raised serious objections to the NATOGCC-peddled draft UN resolution.

There won’t be another Libya-style no fly zone; after all the Assad regime is not exactly deploying Migs against civilians. A UN regime change resolution will be blocked – again – by Russia and China [this happened last week]. Even NATOGCC is in disarray, as each block of players – Washington, Ankara, and the House of Saud-Doha duo – has a different long-term geopolitical agenda. Not to mention crucial Syrian neighbor and trading partner Iraq; Baghdad is on the record against any regime change scheme.

Sound familiar? No wonder.

 

Guest Post: ACTA: “Would Usurp Congressional Authority”, “Threatens Numerous Public Interests”, a “Backroom Special Interest Deal”, a “Masquerade”

By Washington’s Blog

SOPA, PIPA, ACTA … What’s Next?

We just beat back SOPA and PIPA with the web blackout.

Now everyone is talking about ACTA. But – because ACTA is complicated, and is just starting to receive coverage – most are not sure exactly what ACTA really is, or why we should be concerned about it.

We’ll give you an executive summary of what you need to know.

Instead of giving you the specifics about what’s actually in the bill (we provide links at the end for those who want to know), we’ll explain why the procedure used is a recipe for disaster.

Why are we stressing procedure over substance?

Because, as awful as ACTA is, there are other horrible bills such as the Trans Pacific Partnership Agreement waiting in the wings … which may be even worse than ACTA.

Unless we understand the rotten, anti-democratic process which is causing these bad bills to be introduced, we will be caught off-guard by the introduction of one draconian bill after another … and we will lose the fight for Internet freedom.

(The problem is that powerful men are making laws in secret to protect their interests.)

Hollywood Tries to Ram U.S. IP Policies Down the Throat of Europe

On the most superficial level, ACTA is an attempt to ram American intellectual property policies down Europe’s throat.

As the Electronic Frontier Foundation’s Eva Galperin told me:

The United States will continue to use multi-national treaties negotiated in secret without the consultation of civil society or other key stakeholders as a way of ramming US IP policy down the throats of other countries.

But this is a superficial analysis. Specifically, it is also an attempt to ram Hollywood’s interests down the throats of the American people … and Congress.

A Handful of Powerful Men Are Trying to Railroad Democracy and the Constitution to Protect Their Interests

The fastest way to understand ACTA is to look at the way in which its backers have tried to trample the normal democratic processes in the U.S., Europe and elsewhere in order to railroad it through.

As an international treaty, ACTA is supposed to be ratified by the American Senate and other appropriate government legislatures. But this is not at all what has happened.

Instead, ACTA has been negotiated for years in secret, without disclosing its contents – let alone seeking approval from – Congress or other legislatures.

In the United States, for example, President Bush and President Obama hid ACTA negotiations under the veil of “National Security”, thus keeping it away from prying eyes … including Congress.

Republican Congressman Darrell Issa says that ACTA is more dangerous than SOPA:

As a member of Congress, it’s more dangerous than SOPA. It’s not coming to me for a vote. It purports that it does not change existing laws. But once implemented, it creates a whole new enforcement system and will virtually tie the hands of Congress to undo it.

Democratic Senator Wyden has argued for years – in letters to USTR ambassador Ron Kirk, President Obama, and the administration’s top international law expert Harold Koh. – that adoption of ACTA is unconstitutional unless without Senate approval.

For example, Wyden wrote last October:

Regardless of whether the agreement requires changes in U.S. law, the executive branch lacks constitutional authority to enter a binding international agreement covering issues delegated by the Constitution to Congress’ authority, absent congressional approval.

The Member of the European Parliament who was appointed to be the rapporteur for ACTA in the European Parliament (Kader Arif) quit last week in protest. Arif said:

I want to denounce in the strongest possible manner the entire process that led to the signature of this agreement: no inclusion of civil society organisations, a lack of transparency from the start of the negotiations, repeated postponing of the signature of the text without an explanation being ever given, exclusion of the EU Parliament’s demands that were expressed on several occasions in our assembly.

As rapporteur of this text, I have faced never-before-seen manoeuvres from the right wing of this Parliament to impose a rushed calendar before public opinion could be alerted, thus depriving the Parliament of its right to expression and of the tools at its disposal to convey citizens’ legitimate demands.”

Everyone knows the ACTA agreement is problematic, whether it is its impact on civil liberties, the way it makes Internet access providers liable, its consequences on generic drugs manufacturing, or how little protection it gives to our geographical indications.

This agreement might have major consequences on citizens’ lives, and still, everything is being done to prevent the European Parliament from having its say in this matter. That is why today, as I release this report for which I was in charge, I want to send a strong signal and alert the public opinion about this unacceptable situation. I will not take part in this masquerade.

As Harvard professors Jack Goldsmith and Lawrence Lessig wrote in the Washington Post in March 2010:

The much-criticized cloak of secrecy that has surrounded the Obama administration’s negotiation of the multilateral Anti-Counterfeiting Trade Agreement was broken Wednesday. Theleaked draft of ACTA belies the U.S. trade representative’s assertions that the agreement would not alter U.S. intellectual property law. And it raises the stakes on the constitutionally dubious method by which the administration proposes to make the agreement binding on the United States.

***

Normal constitutional procedures would require the administration to submit the final text of the agreement for Senate approval as a treaty or to Congress as a “congressional-executive” agreement. But the Obama administration has suggested it will adopt the pact as a “sole executive agreement” that requires only the president’s approval.

Such an assertion of unilateral executive power is usually reserved for insignificant matters. It has sometimes been employed in more important contexts, such as when Jimmy Carter ended the Iran hostage crisis and when Franklin Roosevelt recognized and settled expropriation claims with the Soviet Union.

***

The president has no independent constitutional authority over intellectual property or communications policy, and there is no long historical practice of making sole executive agreements in this area. To the contrary, the Constitution gives primary authority over these matters to Congress, which is charged with making laws that regulate foreign commerce and intellectual property.

***

When the George W. Bush administration suggested it might reach a deal with Russia on nuclear arms reduction by sole executive agreement, then-Sen. Joe Biden wrote to Secretary of State Colin Powell insisting that the Constitution required Senate consent and implicitly threatening inter-branch retaliation if it was not given.The Bush administration complied.

Congress should follow Biden’s lead. If the president succeeds in expanding his power of sole executive agreement here, he will have established a precedent to bypass Congress on other international matters related to trade, intellectual property and communications policy.

***

Congress should resist this attempt to evade the checks established by our Framers.

Over 75 law professors – some of them quite prominent – wrote a letter to President Obama in October 2010 stating:

ACTA’s negotiation has been conducted behind closed doors, subject to intense but needless secrecy, with the public shut out and a small group of special interests very much involved. The United States Trade Representative (USTR) has been involved in negotiations relating to ACTA for several years, and there have been drafts of portions of the agreement circulating among the negotiators since the start of negotiations. Despite that, the first official release of a draft text took place only in April, 2010. And following that release the USTR has not held a single public on-the-record meeting to invite comments on the text. Worse, in every subsequent meeting of the negotiating parties, the U.S. has blocked the public release of updated text.

***

This degree of secrecy is unacceptable, unwise…. Rather than seeking meaningful public input from the outset, your Administration has allowed the bulk of the public debate to be based upon, at best, hearsay and speculation. Yet, ACTA is a trade agreement setting out a range of new international rules governing intellectual property; as the G-8 called it, a “new international framework.” It is not (the claims of the USTR notwithstanding) related in any way to any standard definition of “national security” or any other interest of the United States similarly pressing or sensitive. The Administration’s determination to hide ACTA from the public creates the impression that ACTA is precisely the kind of backroom special interest deal – undertaken in this case on behalf of a narrow group of U.S. content producers, and without meaningful input from the American public – that you have so often publicly opposed.

Second, the Administration has stated that ACTA will be negotiated and implemented not as a treaty, but as a sole executive agreement. We believe that this course may be unlawful, and it is certainly unwise.

Now that a near-final version of the ACTA text has been released, it is clear that ACTA would usurp congressional authority over intellectual property policy in a number of ways. Some of ACTA’s provisions fail to explicitly incorporate current congressional policy, particularly in the areas of damages and injunctions.[1] Other sections lock in substantive law that may not be well-adapted to the present context, much less the future.[2] And in other areas, the agreement may complicate legislative efforts to solve widely recognized policy dilemmas, including in the area of orphan works, patent reform, secondary copyright liability and the creation of incentives for innovation in areas where the patent system may not be adequate.[3] The agreement is also likely to affect courts’ interpretation of U.S. law.[4]

The use of a sole executive agreement for ACTA appears unconstitutional.[5] The President may only make sole executive agreements that are within his independent constitutional authority.[6] The President has no independent constitutional authority over intellectual property or communications policy, the core subjects of ACTA. To the contrary, the Constitution gives primary authority over these matters to Congress, which is charged with making laws that regulate foreign commerce and intellectual property.[7] ACTA should not be pursued further without congressional oversight and a meaningful opportunity for public debate.

The USTR has insisted that ACTA’s provisions are merely procedural and only about enforcing existing rights. These assertions are simply false. Nearly 100 international intellectual property experts from six continents gathered in Washington, DC in June, 2010 to analyze the potential public interest impacts of the officially released text. Those experts – joined by over 650 other experts and organizations – found that “the terms of the publicly released draft of ACTA threaten numerous public interests, including every concern specifically disclaimed by negotiators.”

***

Academics and other neutral intellectual property experts have not had time to sufficiently analyze the current text and are unlikely to do so as long as there is no open public forum to submit such analysis in a meaningful process.

***

Finally, we are concerned that the purpose that animates ACTA is being deliberately misrepresented to the American people. The treaty is named the “Anti-Counterfeiting Trade Agreement”. But it has little to do with counterfeiting or controlling the international trade in counterfeit goods.

***

Our conclusion is simple: Any agreement of this scope and consequence must be based on a broad and meaningful consultative process, in public, on the record and with open on-going access to proposed negotiating text and must reflect a full range of public interest concerns. For the reasons detailed above, the ACTA negotiations fail to meet these standards.

Indeed, just as most copyright lawyers actually oppose SOPA and PIPA, the secrecy and dishonest end-run which has characterized the ACTA process mean that the main U.S. and international intellectual property organizations have had no input into the drafting of ACTA.

We Can Still Stop It

While ACTA has already been signed by dozens of countries, it will not go into effect unless the European Union parliament ratifies it in a couple of months.

We can still stop it. And see this and this.

* Note: Many others have given substantive critiques of ACTA. See this, this, this, this, this, this, this and this.

Guest Post: Did the Feds Just Kill the Cloud Storage Model?

By Washington’s Blog


Megaupload Type Shutdowns and Patriot Act Are Killing Cloud Storage

The government’s takedown of the 800 pound gorilla online storage site Megaupload may have killed the cloud storage model.

Many innocent users have had their data taken away from them.

As PC World notes:

The MegaUpload seizure shows how personal files hosted on remote servers operated by a third party can easily be caught up in a government raid targeted at digital pirates.

***

Before its closure MegaUpload had 180 million registered users and an average of 50 million daily visits, claimed a total visitor history of more than one billion, and accounted for about four percent of all global Internet traffic….

***

Take, for example, Videobb.com, a site that appears to be similar to Megavideo. Videobb bills itself as an ideal place to share videos without ever having to worry about “disk space or bandwidth again.” Videobb is “safe, secure and easy” the company says, and that’s probably true; at least unless the FBI and the Department of Justice decide that videobb is ripe for a takedown. Behind the scenes, videobb is rife with pirated content just as Megavideo was.

A quick check of sites that index pirated content shows you can find recent episodes of The Big Bang Theory, Modern Family, and the recent movie Contagion available for free streaming on Videobb.

Videobb isn’t alone, either; services such as Novamov, ZShare, and VidXDen all offer file-sharing services similar to Megavideo and all of them are being used (or at least have been used) to distribute pirated content. The trick is that you won’t see the pirated content on these sites’ front pages; you have to know how to access it through third-party sites that contain links to the secret files.

If you use any of these sites to store or distribute your own non-infringing files, you are wise to have backups elsewhere, because they may be next on the DOJ’s copyright hit list.

***

Keep in mind that when you use these services you also make it easier for the government, and possibly hackers, to peer into your files without your knowledge — but that’s a discussion for another day.

Bottom line: if your cloud service offers file storage on the front end and shows pirated video out the back, don’t be surprised if your files vanish one day.

In other words, the government is exercising the power to seize all of the legal property held in a storage facility because a handful of crooks have illegal property in theirs.

And if that’s not enough to kill your enthusiasm for cloud storage, CIO points out:

Worries have been steadily growing among European IT leaders that the USA Patriot Act would give the U.S. government unfettered access to their data if stored on the cloud servers of American providers—so much so that Obama administration officials this week held a press conference to quell international concern over the protection of data stored on U.S. soil.

***

Anxiety was heightened last year when a Microsoft UK managing director admitted that he could not guarantee that data stored on the company’s servers, even those outside the U.S., would not be seized by the U.S. government.

***

Escaping the grasp of the Patriot Act, however, may be more difficult than the marketing suggests. “You have to fence yourself off and make sure that neither you or your cloud service provider has any operations in the United States,” explains [Alex Lakatos, a partner and cross-border litigation expert in the Washington, D.C. office of Mayer Brown], “otherwise you’re vulnerable to U.S. jurisdiction.” Few large IT customers or cloud providers fit that description in today’s global business environment. And the cloud computing model is built on the argument data can and should reside anywhere around the world, freely passing between borders.

***

So, what’s a European cloud customer to do—or, for that matter, a U.S. customer anxious about how their cloud provider might respond to a government request for data under the Patriot Act? Cloud and other technology service providers have a mixed record when it comes to keeping customer data out of government hands. “For the cloud service providers, their life may be easier if they give the government whatever it’s asking for,” Lakatos says.

Guest Post: Democrats Are the Ones Pushing Web Censorship

By Washington’s Blog

Dems Still Pushing Web Censorship

While the chief baddy on SOPA – Lamar Smith – is a Republican, it is really the Democrats who are the ones still trying to censor the web.

MPAA head Chris Dodd is the former Democratic powerhouse (the same guy who blocked all financial reform). Dodd and Lieberman – another Democrat – have admitted that they want to emulate Chinese style censorship.

Moreover, Raw Story notes:

Democrats are now the core pillars of support for the Protect Intellectual Property Act (PIPA), which has not otherwise engendered a strict partisan divide among lawmakers.

Far and away, the top beneficiary in the Senate from interest groups that support PIPA is Sen. Barbara Boxer (D-CA), who’s taken in just short of a million dollars from those groups, according to data from OpenSecrets.org. She’s also the most recent Senator to co-sponsor PIPA, adding her name to the list on Dec. 12. The runner-up is Sen. Al Franken (D-MN), who’s taken $777,383 from PIPA-supporting interest groups, and has co-sponsored the bill since May 2011.

In fact, a list of the top 20 beneficiaries of special interest money in favor of PIPA reads like a list of the Senate’s most influential Democrats: Sen. Kristen Gillibrand (D-NY) in third; Sen. Harry Reid (D-NV) in fourth; Sen. Chuck Schumer (D-NY) in fifth; Sen. Patrick Leahy (D-VT), the bill’s primary sponsor, in sixth; Sen. Dianne Feinstein (D-CA) in seventh; Sen. Claire McCaskill (D-MO) in eighth; Sen. Sheldon Whitehouse (D-RI) in ninth; and Sen. Michael Bennet (D-CO) in tenth.

The list goes on like that until Sen. Mitch McConnell (R-KY), who places 15th with $274,600 in special interest money promoting PIPA. He has not yet announced an official position on the bill. The only other Republican on the list of the top 20 PIPA beneficiaries in the Senate is Sen. Bob Corker (R-TN), in 19th place with $212,312. Corker is one of the bill’s co-sponsors.

In total, only two Democrats changed their minds on PIPA during Wednesday’s blackouts: Sens. Ben Cardin (D-MD) and Jeff Merkley (D-OR). The other 11 to walk away were all Republicans, who seem more open to Silicon Valley’s warnings against onerous, job-killing regulations.

That may be due to the total sum donated to Democrats on the top 20 list: groups supporting PIPA have given over $7,319,983 to the 18 Democrats on the top 20 list, according to a Raw Story analysis. By contrast, those same Democrats have only taken in $807,502 from groups opposing the legislation.

***

As yesterday’s strike wore on, Raw Story reached out to all the leading Democratic senators supporting PIPA, in hopes they would step up to defend the bill. Not a single one did, and none of Raw Story’s requests for comments defending PIPA received responses.

***

The Obama administration said recently that it was hedging its bets on the anti-piracy bills as well ….

Senate Majority Leader Harry Reid said on Sunday during an appearance on NBC’s Meet the Press that he would move forward with a full Senate vote on PIPA in the coming weeks, once some of the text had been altered to build consensus on the legislation.

We are wholly non-partisan, but this sell out by Dems on censorship has to be named for what it is.

Guest Post: The Tide Is Turning Against SOPA … And We Might Actually Succeed In Stopping It

Washington’s Blog

Is the Tide Turning on SOPA?

While a short week ago the Internet censorship bill – SOPA – looked certain to pass, the tide appears to be quickly turning.

Politico notes today:

The conservative and liberal blogospheres are unifying behind opposition to Congress’s Stop Online Piracy Act, with right-leaning bloggers arguing their very existence could be wiped out if the anti-piracy bill passes.

“If either the U.S. Senate’s Protect IP Act (PIPA) & the U.S. House’s Stop Online Piracy Act (SOPA) become law, political blogs such as Red Mass Group [conservative] & Blue Mass Group [liberal] will cease to exist,” wrote a blogger at Red Mass Group.

***

“Some good news on the SOPA front: Its corporate base of supporters is starting to crumble,” David Dayden wrote at Firedoglake. “GoDaddy is not alone. Scores of law firms are requesting their names be removed from the Judiciary Committee’s official list of SOPA supporters.”

In the blogosphere, the trajectory of the bill seemed set — that it is destined for failure if the pressure of the online community is kept up.

“The dynamic is clear. Once SOPA — and its Senate counterpart, Protecting IP Act, or PIPA — became high-profile among the Internet community, the lazy endorsements from companies and various hangers-on became toxic. And now, those supporters are scrambling, hollowing out the actual support for the bill. Suddenly, a bill with ‘widespread’ corporate support doesn’t have much support at all,” Dayden said.

Conservatives took a slightly different tact, though with similar disdain for the anti-piracy measures.

Indeed, blogger Erick Erickson said that he would encourage a primary for any Republican who supports the bill.

“I love Marsha Blackburn. She is a delightful lady and a solidly conservative member of Congress. And I am pledging right now that I will do everything in my power to defeat her in her 2012 reelection bid” due to her co-sponsorship for SOPA, Erickson wrote at RedState. “Congress has proven it does not understand the Internet. Perhaps they will understand brute strength against them at the ballot box. If members of Congress do not pull their name from co-sponsorship of SOPA, the left and right should pledge to defeat each and every one of them.”

Digital Journal reports:

The legislation, which many are suggesting is nothing less than censorship of Internet content and an assault on free speech, has brought many disparate groups together for the first time, such as … the Heritage Foundation and Beregrond, a Libertarian website.

***

Several Washington D.C. law firms and lobbying groups were added to a list of corporate supporters by mistake and those who were willing to speak on the record were decidedly unhappy with the House Judiciary Committee. “It’s just incorrect. The firm has no position on SOPA,” Davis Wright Tremaine LLP spokesman Mark Usellis stated to Politico.

Even the White House is looking toward opposing the bill, with a petition on the White House website to veto the bill if passed by Congress. The petition needed 25,000 signatures and so far it has 43,351.

Time to redouble our efforts … the tide may be turning, and we have a chance of winning.