Saturday, January 8, 2011

Courthouse Update--Commissioner Warner's Statement on Air Quality Issues

In This Issue:

- Courthouse Update
-----Includes Commissioner Warner's Statement on Air Quality Issues
-----Asbestos Issues
-----Employee Rights & Oregon OSHA

[Edited 1/9/11]
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Courthouse Update
Fred Warner's Statement on Air Quality Issues


After reading Jayson Jacoby's fine article (County closes Courthouse basement) in the New Years Eve Herald, some of the statements by County officials left a lot of people, including County and State employees who work in the building, with more questions than answers. Some of the questions had to do with whether the County was even going to be privy to the full air quality test results, and if they weren't, how could the Commissioners, who are the responsible heads of County government, be assured that their employees and the public were safe. It seemed outrageous, if not completely absurd, that a public government entity could be denied access to test results necessary to proper governing, by an insurance company that was hired by the County to insure and protect itself and its employees from risk.

On Monday morning, I sent an e-mail to Karen Spencer, Fred Warner Jr., and Mark Bennett [oops--or was that Bark? Sorry Mark] , which asked a number of questions (see below) concerning the County's relationship with City County Insurance Services (CIS) and CIS's service providers, as well as questions about air quality in the Courthouse. In a Monday afternoon phone call, Karen Spencer told me she had had no success in getting CIS to release information to her and that it would take someone higher on the chain to get them to do it. She also said she had asked Commissioner Warner for a response to some of my questions. In the meantime, I was contacting state agencies to ask a few more questions.

Also, when I was still waiting for a response from the County to Monday's questions, The Baker City Herald ran an editorial (Time to come clean) On Wednesday, stating that Commissioner Warner did speak with them that morning and said that he had first seen the test results on Monday. They also noted, accurately I think, that "... both employees and contractors did occasionally go into the basement between the holiday and Dec. 23. They deserve to know what was in the air they breathed, or what might have been."

Well finally . . . on Friday, four days after I sent the questions in, I received answers to them from Commissioner Warner.

Here are the re-numbered questions with Commissioner Warner's answers interspersed:

Commissioner Warner's preamble:
First off, I do commend my staff for dealing with a trying situation. They did yeomans work to work with our insurance company, our employees, the contractors and the public to assess the damage, create a plan of action to deliver needed public services,and to protect the health and welfare of our employees and the public.

1. Is the article in the Herald accurate as to statements by County officials?
Ans:
The article by the DH is essentially correct. What all County officials said was accurate information. The crux of the matter is that our insurance company, CIS is running the remediation and restoration of the Courthouse. They are doing the contracting and paying the bills. They have there processes and abide by them. The insurance company does keep the County, me specifically, in the loop on what they are doing and who is doing things. Prior to Jan. 1st, we had multiple people interfacing with the insurance company but I am the lead on the project specifically. Nothing sinister about this, just that I represent the Board of Commissioners and we are the accountable body.

On Dec. 19th, CIS hired a firm to do air quality tests to monitor spore and/or mold in the air. They tested 3 areas on the 2nd floor (circuit court area), 3 areas on the main floor (lobby and offices) and 3 areas in the basement. The test was for low, moderate and high levels for potential mold growth. 7 areas tested as low.

One test area, basement entry tested moderate and the basement vault tested high. The word we got from the testing company was that drying those 2 areas was the recommended action. Both areas had wall moisture readings of over 90% humidity. The decision was made to close off the basement to allow for consistent drying and we did not want anyone in the area because of potential air quality issues. All of the professionals involved in this decision still reiterate to the County that the air is not toxic but in need of drying out and further testing. I continue to believe that the County acted prudently with the information that we had and still have. Busy Bee is continuing to dry the basement and is making considerable progress in lowering the moisture content in the vault.

2. Has the County asked City/County Insurance Services to release the results of the air sampling tests to the County? If so, did they refuse to release them?
Ans:
On January 3rd, I received a copy of the air quality tests. I read them and they are quite technical. I communicated with CIS about the nature of the tests and the propriety of the tests. They are their test results. I believe that a summary of the tests is in the public interest. I have attempted to give that summary. It is that all of the Courthouse except the basement vault and the entryway have low levels of air borne spores. The hallway has moderate levels of air borne spores. The basement vault has high levels of air borne spores. Until, the moisture content gets below 15-20%, their will be moderate to high levels of air borne spores.

Access is restricted in the basement of the Courthouse. All personnel were moved from the basement after the leak. Employees and contractors have moved in and out of the area moving files and we had the mailboxes in an undamaged area of the basement until we had the air quality test. When we learned of the test results, we moved the mail room to North Baker.

3. Does the County think they have a right to the air sample results?
Ans:
I believe that we have a right to be told about any results which affect the ongoing operation of the County and if any employees or the public could be at risk because of those results. I believe that CIS has kept the County in the information loop.

4. Is there now, and has there ever been in the past, any concerns about asbestos in the building?
Ans:
Asbestos is always a concern. Initially, it was one of the concerns prior to the tearing out of the damaged areas. The professional people(Sid Johnson & Co., Busy Bee and the insurance adjuster) determined that asbestos was not an issue. The potential for tile with asbestos was apparent and Johnson handled the tile as if it had asbestos. It was water soaked and that is the preferred way of disposing of it. They bagged it and disposed of it.

5. Does the air sample testing test for asbestos, volatile organics, and other potential contaminants other than mold?
Ans:
The air sampling tests did not test for asbestos, volatile organics and other potential contaminants. I asked the professionals this question and they said based on their assessment this was not needed.

6. When does the County plan to tell citizens what the costs have been to date, what the cost of repairing the damage is estimated to be, and how much of these costs will be covered by City/County Insurance Services?
Ans:
The costs to Baker County will be minimal. We have a $1000 deductible. We have no copay. We are billing CIS for all moving expenses, additional operating expenses, equipment damaged and any other covered costs. I do not have that dollar figure, but it will all be reimbursed by CIS. The bids to reconstruct I believe are due today to CIS. They have told me they will discuss the bids with us before awarding the contract. We have been involved with the scope of work to make sure we pick carpet, tile , paint etc. CIS will be putting the building back as it was. They will not doing additions which were not there prior to the damage. Baker County will be responsible for upgrades if we want during the rebuilding. The only costs that we will incur are that we will be doing some additional wiring and internet line consolidation while the walls are out and will take out redundant pipes and lines while the building is opened up. All costs for reconstruction will be borne by CIS.

[I might add that my understanding of the costs incurred up to Christmas is that they amount to about right at $100,000.00. - Chris]

7. When does the County plan to explain to citizens what the chain of events was that led to the flooding of the Courthouse? I don't think that has been done beyond the valves cracked about the time we had the low, but not unusually low, temperatures in November.
Ans:
A valve in the ceiling of the 2nd floor broke on a weekend. My concern is could it happen again. We are taking steps to make sure it cannot happen again. This particular pipe went to a heater (we have 52 heaters in the courthouse) in the ceiling above the Judges chambers. It had not worked for a number of years. Presumably, since it did not work, the water flow through that valve and pipe were less than other pipes. I have been assured that we have no heaters that are out that have water coming to them. The new protocol being if a heater is out of service we drain the water from that loop. Additional, our new heat monitoring system has the ability to have sensors which monitor pipe pressure. If we have a droppage, it will trigger calls to County personnel. We have also insulated all ceiling pipes. I am also going to ask CIS to send their risk people to assess the entire attic and areas where we have water systems.

Baker County Commissioners (L to R): Carl E. Stiff, M.D., Fred Warner, Jr., Tim L. Kerns
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Asbestos Issues

It was brought to my attention that asbestos [a good history here] might be an issue in the 101 year old Courthouse, but not having read up on it since mid 2004, I did some searching and ultimately ended up calling the Oregon Department of Environmental Quality (DEQ).

As many people know, asbestos can cause lung and mesothelioma cancer, and asbestosis.

DEQ maintains a very informative site about asbestos, building survey requirements, abatement rules, and other protective regulations at Air Quality Asbestos Program. One of the links, DEQ’s Building Survey Requirement, is a simple but informative fact sheet that explains when building owners need to do an asbestos survey of their building.

Was an Asbestos Survey Required?

One of the state DEQ officials told me that a building survey was not required for the situation at the Courthouse, although he felt one should be done. Of course this same official told be the "Courthouse will be demolished soon," which has been denied by Commissioner Warner. The following is an exchange via e-mail concerning the need for an asbestos survey prior to the removal of water damaged materials inthe courthouse:

Official:
They did not complete an asbestos survey for the building - nor are they required to have the asbestos survey done. The Oregon asbestos rules require a survey to be completed prior to demolition or major renovation (the removal of at least one load supporting member). The Federal rule requires surveys to be completed in K-12 public schools and updated every three years. As this building does not meet any of the criteria above, a survey is not required (but still should have been done).

My response:

The Asbestos Survey Fact sheet says:
What is the survey requirement?
DEQ’s survey rule requires that an inspection be performed before any demolition or renovation activities to determine the presence of friable and nonfriable asbestos-containing materials (ACMs).
[My emphasis]

The above language seems to indicate that a survey may have been required if it meets other criteria in the fact sheet, because removal and renovation was the plan.

Who must get a survey done?
All facility owners, including but not limited to manufacturing facilities, public and private building owners, . . . undertaking a demolition or renovation project will be affected by this rule
.


The above language seems to indicate that a survey may have been required of the owner if it meets other criteria in the fact sheet pertaining to the definition of renovation.

What is a demolition or renovation project?
Demolition is defined as wrecking that involves the removal of load-supporting members and/or intentional burning. Renovation is defined as altering in any way one or more facility components that does not involve removing a load-supporting member.
[My emphasis]

The above language seems to indicate that a survey should have been required of the owner because it meets the criteria in the fact sheet pertaining to the definition of renovation. (An intention of building demolition has been denied by Supervisor Warner) It appears that the removal of a load bearing member is not required to trigger the survey requirement for a renovation. They have removed wall coverings, ceilings, and floors in large areas of three floors. I believe it also meets the renovation size criteria I saw somewhere because the renovation covers much more than a few to several square feet. It involves major sections, entire ceiling and wall covering in good sized rooms on three floors.

If you would, please explain to me again why there would be no requirement for an asbestos survey in this case, given that it seems to meet the criteria when a major renovation is involved.

Thanks,

Chris

Renovation Work in Just One Room--Judge Baxter's Chambers
[See also: WEDNESDAY, DECEMBER 1, 2010
Cole Case (18 months probation) & County Court House Damage
for more photos.]

Official's Response:

This building was not demolished and no major renovation took place. Water damage was caused due to an act of God. I understand that a large volume of material was removed during cleanup. I understand that a portion of a load supporting member was removed. But it was not completely removed. Therefore no major renovation took place and an asbestos survey is not required.


Note that the official did not reply in logical or rational fashion to the argument I presented--he simply made another declaration without applying DEQ's definintion of "renovation." Removal of a load supporting member is part of the definition of "demolition," not "renovation."

I have taken this question up with others at DEQ to see if they would be kind enough to show me where I've erred in my logic or if there is information I'm unaware of that would make the first official's interpretation seem logical and reasonable. It may be, for example, that an important piece of information is missing from the fact sheet which would make it more clear that a survey is not required. Hopefully the interpretation of the rules can be settled to the satisfaction of all in the next week or so. I will report back on this as I become more familiar with the rules.

In any event, whatever the case with asbestos surveys, Commissioner Warner said on Friday that "If we missed a step along the way, then we'll correct it."

It should also be noted that, accordingto the fact sheet:
Who can perform the survey?
The rule requires that an accredited inspector perform the survey. DEQ wants to ensure that the individual doing the inspection is qualified and understands what they need to look for to complete the survey. This training is in accordance with the Asbestos Hazard Emergency Response Act (AHERA) program regulations and the Model Accreditation Program training rules in 40 CFR Part 763.


Here is the list of accredited asbestos survey inspectors maintained on the DEQ website. There are no accredited inspectors from Baker County listed, so it is uncertain if any evaluations by local contractors could serve in place of an asbestos survey by an accredited inspector.
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The Employee's Right to a Safe Workplace & OSHA

Back in 1970, before the corporations has solidified their takeover of the entire world, one of our leading environmental Presidents, Richard Nixon of all people, signed into law The Occupational Safety and Health Act of 1970 . It gave workers rights to a safe workplace and tools to help enforce those rights.

Because Oregon DEQ does not regulate indoor air quality, except for asbestos, OSHA is the worker resource to seek out for other indoor air quality issues. Employees who work for state and local governments in Oregon are covered by Oregon OSHA. During this last week, I spoke with people at Oregon OSHA who assured me that even if the general public could not easily force disclosure of the air quality tests at the Courthouse, affected employees could. The spokesperson stated that it was the employer's responsibility to ensure that the insurer makes test results available to employees if requeted. Employees also have the right to file a complaint if they feel their safety related concerned are being ignored by an employer.

Workers' rights under the Occupational Safety and Health Act

Workers are entitled to working conditions that do not pose a risk of serious harm. To help assure a safe and healthful workplace, OSHA also provides workers with the right to:

Ask OSHA to inspect their workplace;
Use their rights under the law without retaliation and discrimination;
Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be in a language you can understand;
Get copies of test results done to find hazards in the workplace;
Review records of work-related injuries and illnesses;
Get copies of their medical records;

Monday, December 27, 2010

2011: A Brave New Dystopia

The following article has been widely published on the internet today by most of the usual "liberal"and other sources. So why am I publishing it yet again? Because it is a most important analysis from an often ignored commentator who I have been following for some time, and who has evolved into perhaps the most prescient voice available for opinion on the current state of our affairs. Hopefully, readers who have not read it from other sources will begin to understand our current predicament from reading it here.
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Published on Monday, December 27, 2010
2011: A Brave New Dystopia
by Chris Hedges

The two greatest visions of a future dystopia were George Orwell’s “1984” and Aldous Huxley’s “Brave New World.” The debate, between those who watched our descent towards corporate totalitarianism, was who was right. Would we be, as Orwell wrote, dominated by a repressive surveillance and security state that used crude and violent forms of control? Or would we be, as Huxley envisioned, entranced by entertainment and spectacle, captivated by technology and seduced by profligate consumption to embrace our own oppression? It turns out Orwell and Huxley were both right. Huxley saw the first stage of our enslavement. Orwell saw the second.

We have been gradually disempowered by a corporate state that, as Huxley foresaw, seduced and manipulated us through sensual gratification, cheap mass-produced goods, boundless credit, political theater and amusement. While we were entertained, the regulations that once kept predatory corporate power in check were dismantled, the laws that once protected us were rewritten and we were impoverished. Now that credit is drying up, good jobs for the working class are gone forever and mass-produced goods are unaffordable, we find ourselves transported from “Brave New World” to “1984.” The state, crippled by massive deficits, endless war and corporate malfeasance, is sliding toward bankruptcy. It is time for Big Brother to take over from Huxley’s feelies, the orgy-porgy and the centrifugal bumble-puppy. We are moving from a society where we are skillfully manipulated by lies and illusions to one where we are overtly controlled.

Orwell warned of a world where books were banned. Huxley warned of a world where no one wanted to read books. Orwell warned of a state of permanent war and fear. Huxley warned of a culture diverted by mindless pleasure. Orwell warned of a state where every conversation and thought was monitored and dissent was brutally punished. Huxley warned of a state where a population, preoccupied by trivia and gossip, no longer cared about truth or information. Orwell saw us frightened into submission. Huxley saw us seduced into submission. But Huxley, we are discovering, was merely the prelude to Orwell. Huxley understood the process by which we would be complicit in our own enslavement. Orwell understood the enslavement. Now that the corporate coup is over, we stand naked and defenseless. We are beginning to understand, as Karl Marx knew, that unfettered and unregulated capitalism is a brutal and revolutionary force that exploits human beings and the natural world until exhaustion or collapse.

“The Party seeks power entirely for its own sake,” Orwell wrote in “1984.” “We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power. What pure power means you will understand presently. We are different from all the oligarchies of the past, in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just round the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power.”

The political philosopher Sheldon Wolin uses the term “inverted totalitarianism” in his book “Democracy Incorporated” to describe our political system. It is a term that would make sense to Huxley. In inverted totalitarianism, the sophisticated technologies of corporate control, intimidation and mass manipulation, which far surpass those employed by previous totalitarian states, are effectively masked by the glitter, noise and abundance of a consumer society. Political participation and civil liberties are gradually surrendered. The corporation state, hiding behind the smokescreen of the public relations industry, the entertainment industry and the tawdry materialism of a consumer society, devours us from the inside out. It owes no allegiance to us or the nation. It feasts upon our carcass.

The corporate state does not find its expression in a demagogue or charismatic leader. It is defined by the anonymity and facelessness of the corporation. Corporations, who hire attractive spokespeople like Barack Obama, control the uses of science, technology, education and mass communication. They control the messages in movies and television. And, as in “Brave New World,” they use these tools of communication to bolster tyranny. Our systems of mass communication, as Wolin writes, “block out, eliminate whatever might introduce qualification, ambiguity, or dialogue, anything that might weaken or complicate the holistic force of their creation, to its total impression.”

The result is a monochromatic system of information. Celebrity courtiers, masquerading as journalists, experts and specialists, identify our problems and patiently explain the parameters. All those who argue outside the imposed parameters are dismissed as irrelevant cranks, extremists or members of a radical left. Prescient social critics, from Ralph Nader to Noam Chomsky, are banished. Acceptable opinions have a range of A to B. The culture, under the tutelage of these corporate courtiers, becomes, as Huxley noted, a world of cheerful conformity, as well as an endless and finally fatal optimism. We busy ourselves buying products that promise to change our lives, make us more beautiful, confident or successful as we are steadily stripped of rights, money and influence. All messages we receive through these systems of communication, whether on the nightly news or talk shows like “Oprah,” promise a brighter, happier tomorrow. And this, as Wolin points out, is “the same ideology that invites corporate executives to exaggerate profits and conceal losses, but always with a sunny face.” We have been entranced, as Wolin writes, by “continuous technological advances” that “encourage elaborate fantasies of individual prowess, eternal youthfulness, beauty through surgery, actions measured in nanoseconds: a dream-laden culture of ever-expanding control and possibility, whose denizens are prone to fantasies because the vast majority have imagination but little scientific knowledge.”

Our manufacturing base has been dismantled. Speculators and swindlers have looted the U.S. Treasury and stolen billions from small shareholders who had set aside money for retirement or college. Civil liberties, including habeas corpus and protection from warrantless wiretapping, have been taken away. Basic services, including public education and health care, have been handed over to the corporations to exploit for profit. The few who raise voices of dissent, who refuse to engage in the corporate happy talk, are derided by the corporate establishment as freaks.

Attitudes and temperament have been cleverly engineered by the corporate state, as with Huxley’s pliant characters in “Brave New World.” The book’s protagonist, Bernard Marx, turns in frustration to his girlfriend Lenina:

“Don’t you wish you were free, Lenina?” he asks.

“I don’t know that you mean. I am free, free to have the most wonderful time. Everybody’s happy nowadays.”

He laughed, “Yes, ‘Everybody’s happy nowadays.’ We have been giving the children that at five. But wouldn’t you like to be free to be happy in some other way, Lenina? In your own way, for example; not in everybody else’s way.”

“I don’t know what you mean,” she repeated.

The façade is crumbling. And as more and more people realize that they have been used and robbed, we will move swiftly from Huxley’s “Brave New World” to Orwell’s “1984.” The public, at some point, will have to face some very unpleasant truths. The good-paying jobs are not coming back. The largest deficits in human history mean that we are trapped in a debt peonage system that will be used by the corporate state to eradicate the last vestiges of social protection for citizens, including Social Security. The state has devolved from a capitalist democracy to neo-feudalism. And when these truths become apparent, anger will replace the corporate-imposed cheerful conformity. The bleakness of our post-industrial pockets, where some 40 million Americans live in a state of poverty and tens of millions in a category called “near poverty,” coupled with the lack of credit to save families from foreclosures, bank repossessions and bankruptcy from medical bills, means that inverted totalitarianism will no longer work.

We increasingly live in Orwell’s Oceania, not Huxley’s The World State. Osama bin Laden plays the role assumed by Emmanuel Goldstein in “1984.” Goldstein, in the novel, is the public face of terror. His evil machinations and clandestine acts of violence dominate the nightly news. Goldstein’s image appears each day on Oceania’s television screens as part of the nation’s “Two Minutes of Hate” daily ritual. And without the intervention of the state, Goldstein, like bin Laden, will kill you. All excesses are justified in the titanic fight against evil personified.

The psychological torture of Pvt. Bradley Manning—who has now been imprisoned for seven months without being convicted of any crime—mirrors the breaking of the dissident Winston Smith at the end of “1984.” Manning is being held as a “maximum custody detainee” in the brig at Marine Corps Base Quantico, in Virginia. He spends 23 of every 24 hours alone. He is denied exercise. He cannot have a pillow or sheets for his bed. Army doctors have been plying him with antidepressants. The cruder forms of torture of the Gestapo have been replaced with refined Orwellian techniques, largely developed by government psychologists, to turn dissidents like Manning into vegetables. We break souls as well as bodies. It is more effective. Now we can all be taken to Orwell’s dreaded Room 101 to become compliant and harmless. These “special administrative measures” are regularly imposed on our dissidents, including Syed Fahad Hashmi, who was imprisoned under similar conditions for three years before going to trial. The techniques have psychologically maimed thousands of detainees in our black sites around the globe. They are the staple form of control in our maximum security prisons where the corporate state makes war on our most politically astute underclass—African-Americans. It all presages the shift from Huxley to Orwell.

“Never again will you be capable of ordinary human feeling,” Winston Smith’s torturer tells him in “1984.” “Everything will be dead inside you. Never again will you be capable of love, or friendship, or joy of living, or laughter, or curiosity, or courage, or integrity. You will be hollow. We shall squeeze you empty and then we shall fill you with ourselves.”

The noose is tightening. The era of amusement is being replaced by the era of repression. Tens of millions of citizens have had their e-mails and phone records turned over to the government. We are the most monitored and spied-on citizenry in human history. Many of us have our daily routine caught on dozens of security cameras. Our proclivities and habits are recorded on the Internet. Our profiles are electronically generated. Our bodies are patted down at airports and filmed by scanners. And public service announcements, car inspection stickers, and public transportation posters constantly urge us to report suspicious activity. The enemy is everywhere.

Those who do not comply with the dictates of the war on terror, a war which, as Orwell noted, is endless, are brutally silenced. The draconian security measures used to cripple protests at the G-20 gatherings in Pittsburgh and Toronto were wildly disproportionate for the level of street activity. But they sent a clear message—DO NOT TRY THIS. The FBI’s targeting of antiwar and Palestinian activists, which in late September saw agents raid homes in Minneapolis and Chicago, is a harbinger of what is to come for all who dare defy the state’s official Newspeak. The agents—our Thought Police—seized phones, computers, documents and other personal belongings. Subpoenas to appear before a grand jury have since been served on 26 people. The subpoenas cite federal law prohibiting “providing material support or resources to designated foreign terrorist organizations.” Terror, even for those who have nothing to do with terror, becomes the blunt instrument used by Big Brother to protect us from ourselves.

“Do you begin to see, then, what kind of world we are creating?” Orwell wrote. “It is the exact opposite of the stupid hedonistic Utopias that the old reformers imagined. A world of fear and treachery and torment, a world of trampling and being trampled upon, a world which will grow not less but more merciless as it refines itself.”


Copyright © 2010 Truthdig, L.L.C.
Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America. His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.

Thursday, December 23, 2010

War on WikiLeaks Continued (3): Assange Interview with David Frost; "Courage is Contagious"

IN THIS EDITION:

- Good Assange Interview With David Frost (video)
- WikiLeaks Links
- Conditions that Suspected Leaker Bradley Manning is Being Held In (& Links)
- What Is Fascism?

Latest Julian Assange interview:
The WikiLeaks founder speaks to David Frost about secrets, leaks and why he will not go back to Sweden.


This recently released portion of an hour long interview between long-time professional journalist David Frost and Julian Assange is incomparably better, with much more relevant information, than the interview posted on the blog two days ago, Tuesday, 12/21/12. For one thing, Frost was actually trying to get Assange's side of the story, rather than attempting to reinforce the US and Western media victimization and frame-up of Assange, as was done in the previous interview by BBC. Better yet, it is a video, so one can get an additional measure of the man.

"Courage is Contagious"


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Some Related Links:
Many of these links are via Tom Feeley at Information Clearinghouse
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Julian Assange defends decision not to face questioning in Sweden
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Assange attacks allies [?] and foes
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News Release
Ex-Intelligence Officers, Others See Plusses in WikiLeaks Disclosures
December 7, 2010
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Daniel Ellsberg's Website See Ellsberg & Ron Paul on “Countdown With Olbmermann”
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WikiLeaks to release Israel documents in six months
Thursday, 23 December 2010 01:41
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Chris Hedges: Obama is a "Poster Child for the Death of the Liberal Class"
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Leaked Cable Stirs Animosities Between Palestinian Sides
By ETHAN BRONNER
Published: December 22, 201
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U.S. criticized New Zealand for reaction to 2004 Israel spy affair, WikiLeaks cables reveal
The Guardian reports that U.S. diplomats accused New Zealand of using the arrest of two suspected Israeli spies in 2004 to bolster its export of lamb to Arab states.

By Haaretz Service
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WikiLeaks Founder Julian Assange Vows to Resume Whistleblowing After Release from London Jail
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More on WikiLeaks from Democracy Now!
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Fatah asked Israel to attack Hamas
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WikiLeaks cables: Bangladeshi 'death squad' trained by UK government
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Netanyahu's patience with Abbas has 'run out'
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US cables: Syria believed Israel was behind sniper killing
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US Cables: FBI Now Keeping Tabs on Native Americans -- in South America?
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WikiLeaks Founder Predicts Resignations At Big US Bank
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Reporters Without Borders to host mirror site for WikiLeaks
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Freed on bail – but US steps up efforts to charge Assange with conspiracy
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The full allegations against Julian Assange
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¡Viva WikiLeaks! SiCKO Was Not Banned in Cuba
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Bradley Manning--the alleged source of the links
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Scott Horton Interviews Glenn Greenwald
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As WikiLeaks’ Assange Freed on Bail, Alleged Military Leaker Bradley Manning Imprisoned under Inhumane Conditions
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Bradley Manning Speaks About His Conditions
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UN looking into WikiLeaks suspect's treatment
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UN probes Manning's jail treatment
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A Typical Day for PFC Bradley Manning


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Fascism

Fascism as defined by an Historic Leading Fascist:

Fascism should rightly be called Corporatism as it is a merge of state and corporate power: Benito Mussolini
__

Elements of Fascism:

Elements of Fascism include:

* Powerful idea of nationalism
   
* Powerful executive control in government
   
* Lower human rights outlook
   
* Military reigns supreme
   
* Corporations wield great power
   
* Idea that National Security is at great risk to some threat
   
* Identifying of enemies/scapegoats that unifies citizens in Patriotism
   
* Mass media controlled by State and Corporations
   
* Fixed elections
   
* Rampant corruption
   
* Unlimited power held by police force


Hyperlink


"The strategic adversary is FASCISM... the FASCISM in us all, in our heads and in our everyday behaviour, the FASCISM that causes us to love power, to desire the very thing that dominates and exploits us."
Michel Foucault  1926-1984, French Essayist, Philosopher
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"What no one seemed to notice was the ever widening gap between the government and the people. And it became always wider.....the whole process of its coming into being, was above all diverting, it provided an excuse not to think....for people who did not want to think anyway gave us some dreadful, fundamental things to think about.....and kept us so busy with continuous changes and 'crises' and so fascinated.....by the machinations of the 'national enemies,' without and within, that we had no time to think about these dreadful things that were growing, little by little, all around us.....
 
"Each step was so small, so inconsequential, so well explained or, on occasion, 'regretted,' that unless one understood what the whole thing was in principle, what all these 'little measures'.....must some day lead to, one no more saw it developing from day to day than a farmer in his field sees the corn growing.....Each act is worse than the last, but only a little worse. You wait for the next and the next.
 
"You wait for one great shocking occasion, thinking that others, when such a shock comes, will join you in resisting somehow. You don't want to act, or even talk, alone.....you don't want to 'go out of your way to make trouble.' But the one great shocking occasion, when tens or hundreds or thousands will join with you, never comes.
 
"That's the difficulty. The forms are all there, all untouched, all reassuring, the houses, the shops, the jobs, the mealtimes, the visits, the concerts, the cinema, the holidays. But the spirit, which you never noticed because you made the lifelong mistake of identifying it with the forms, is changed. Now you live in a world of hate and fear, and the people who hate and fear do not even know it themselves, when everyone is transformed, no one is transformed.
 
"You have accepted things you would not have accepted five years ago, a year ago, things your father.....could never have imagined."

 
Milton Mayer, They Thought They Were Free, The Germans, 1938-45 (Chicago: University of Chicago Press, 1955)
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"Unhappy events abroad have retaught us two simple truths about the liberty of a democratic people. The first truth is that the liberty of a democracy is not safe if the people tolerate the growth of a private power to a point where it becomes stronger than the democratic state itself. That, in its essence, is fascism & ownership of government by an individual, by a group, or by any other controlling private power."
FDR: message to Congress proposing the monopoly investigation, 1938
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Tuesday, December 21, 2010

War on WikiLeaks Continued: Assange Interview

[Edited 12/22/10]
War on WikiLeaks Continued: Assange Interview—You be the Judge

The merciless assault on Julian Assange has continued, and although he has not been charged with any crime, he has been granted “bail” to live in an ankle bracelet in-house arrest arrangement on the British estate of a friend, while the British government either arranges to turn him over the U.S. for some sort of Kangaroo Court, or gives him up to the subservient nation of Sweden, who would likely do the same.

There are at least two motives that I can discern for the way his case has been handled by the “authorities.”

The first of course, is that the embarrassed Western industrialized countries, AKA, the “international community,” are/is engaged in a smear campaign to destroy him personally for his having revealed the scandalous information, i.e., leaks, that had been given to him by others to publish. The anti-democratic and in some cases, illegal, activities of the world’s governments that are revealed in the leaked documents, seem to have brought out the worst authoritarian tendencies from some American leaders, up to and including calls for Assange's assassination. (He is not a U.S. citizen, and therefore, as far as I know, not subject to U.S. laws in regard to revealing “secret” information.) An example must be made of those who dare resist and defy imperial power. Nothing different about what he has done really, except in the magnitude of the world corruption that his leaks reveal, than the leaks that the mainstream media (MSM) regularly publish when they see it in their interest to occasionally tell people the truth. The MSM have in fact been eager to publish the information he forwarded to them, even though they have also been happy to downplay the value of the information, or spin it in a way that destroys its effectiveness, all the while participating in the campaign to annihilate WikiLeaks.

The second motivation seems to be to divert attention from the embarrassing nature of the information WikiLeaks has provided, and to instead put the focus on Julian Assange’s character—to portray him as a lawless terrorist and serial rapist (kill the messenger). Nothing there that should have been unexpected, and it wasn’t. This is the way Western governments operate. They have become accustomed to putting out the most outrageous, irrational, and unbelievable lies, (Iraq MWD and etc.) and having the mainstream press repeat them incessantly (before "trial" and in this case, even before official charges), until they convince the public to believe the claims are true (Hitler’s Big Lie).

Below is an interview by the BBC’s John Humphrys, a media shark, intent on furthering the character assassination of Julian Assange. Problem is, Assange’s calm, gentlemanly, rational demeanor and forthright responses to Humphrys’ apparent viciousness, disarm, for the most part, Humphrys’ arrogant and aggressive attempt.

You be the Judge by reading or listening to the interview below, but here are
Humphreys’ last three questions with the answers from Assange. Much is lost without listening to Assange in the interview, where he answers some questions about the circumstances behind his detention, but these last three answers tell you something about him.:

Q: Just a final thought. Do you see yourself… as some sort of messianic figure?

JA: Everyone would like to be a messianic figure without dying. We are bringing some important change about what is perceived to be the rights of people who expose abuses by powerful corporations and then to resist censorship attacks after the event. We are also changing the perception of the west.

Q: I'm talking about you personally.

JA: I'm always so focussed on my work, I don't have time to think about how I perceive myself… I had time to perceive myself a bit more in solitary confinement. I was perfectly happy with myself. I wondered what that process would do. Would I think "my goodness, how have I got into this mess, is it all just too hard?"

The world is a very ungrateful place, why should I continue to suffer simply to try and do some good in the world. If the world is so viciously against it ,why don't I just go off and do some mathematics or write some books? But no, actually, I felt quite at peace.

Q: You want to change the world?

JA: Absolutely. The world has a lot of problems and they need to be reformed. And we only live once. Every person who has some ability to do something about it, if they are a person of good character, has the duty to try and fix the problems in the environment which they're in.

That is a value, that, yes, comes partly from my temperament. There is also a value that comes from my father, which is that capable, generous men don't create victims, they try and save people from becoming victims. That is what they are tasked to do. If they do not do that they are not worthy of respect or they are not capable.


Read or listen to the interview:
Transcript And Audio: The Assange BBC interview (via Information Clearing House)

Saturday, December 18, 2010

Interesting Comment about Nut Cases & Overgrazing with My Initial Response

[Edited 12/19/10- One friend told me today that the place I got my information, the County weed list on the County web site looks to be out of date and that both Whitetop and Scotch Thistle are now on the County's high priority Class "A" weed List. Another friend told me she couldn't identify the weeds, so she couldn't identify the problem. I was actually afraid of that because the weeds are in their much smaller early stages of growth and not easily identified by people unacquainted with identifying weeds. So in a future post & below I will try to clear up that problem and I'll edit the captions below soon.]

Back on December 13th, an anonymous individual posted an off topic ad hominem attack on my Dec. 1st blog which was about the water damage to the County Court house and also the Cole Case. The comment was not about what had been posted on the blog, it was simply a rant against me and another environmental type, because we don't perceive the public lands and grazing abuse the same way the commenter does. I've posted two photos related to this issue below the comments.

Here is the Comment from anonymous:

Anonymous said...
Mr.Christie...Thanks for your comments. I want to inform other people on this site of what a nut case you are. You drive around in your white toyota pickup with barking dog in back, telling local ranchers that you are taking pictures of flowers...come to find out you are trying to find evidence of "overgrazing" and harassing the ranchers and farmers in Baker County that are working hard to provide food for loosers like you. You belong in Portland...not in our wonderful community. Oh, and take Dick Hensey with you. He is nothing more than a nut case extremist also, and needs to go. After all these years have you not figured out that without Agriculture Baker County would be a ghost town? Do something constructive with your worthless lives.

December 13, 2010 5:38 PM

Here is my initial response:

Anonymous:

I don’t normally allow off-topic, hateful, ad hominem attacks on the blog, but made an exception in your case, because I think something instructive, primarily having to do with the activities and attitudes of some ranchers, could come out of it.

Your words remind me of a young rancher I spoke with out at the Hutton Ranch on Goose Creek back in April of this year. On that visit, I had to cross the Hutton Ranch property to access BLM managed public land that the Huttons’ seem, in my opinion, to run like it is their own private cow pasture.

Your words are very similar to those of that same rancher, when he harassed me while I was sitting in my truck on October 8th after I had been out riding my bike and running the dogs on Chandler Lane. The part about “Taking Dick Hensey [sic—actually Hentze, a decent, respected, moderate person- Chris] with you. He is nothing more than a nut case extremist also, and needs to go” is almost exactly what the young rancher told me on October 8th, except that he didn’t call me a nut case extremist to my face.

You left out some things though, like the young rancher asking me in April if I had a rifle so I could shoot any wolves I saw (which would have been a violation of the law), and his telling me in October to never come on his property again, which I would have to do if I were to try to access the same public road on the public’s BLM land.

Making observations about grazing activities is not the only reason I access the public’s land. In fact I was taking photos of plants and critters before I noticed and became interested in what appeared to be, in many arid areas of the west, the wholesale destruction of our public lands and their ecosystems by private, for profit public lands ranchers. The problem is that so much wildflower diversity, and many homes/habitats for wild critters, have been replaced by weed infestations and non-natives due to the rancher’s cows, while the ranchers and the BLM looked the other way. That problem doesn’t leave me much to take photos of—except for grazing damage. So I did. . . .

Now that you have reminded me, I will publish them on a future blog so people can see why the young rancher on the Hutton Ranch told me I could never come on his property again.

Christopher Christie


So in a future post, I'll post some additional photos and some video, and write a little about those condition as well as related issues raised by myself or anonymous, such as ranchers closing off access routes to public land that they graze, with the result that the public can't access their own lands or observe what the public lands rancher is doing to it. . . . . Or whether people who live out on Goose Creek should be considered treasured members of the community, but that people who live in town and think the public lands should be treated with respect, while being forced to pay a weed levy to pay to control weeds caused primarily by ranching and other agricultural activities should leave. . . . . Or whether people who think the public lands should be treated with respect are trying to turn Baker County [sic] into a "ghost town." . . . . Or just what a barking dog in the back of a white Toyota pickup has to do with it. . . . Or. . . . etc.

Below are two early spring scenes on the Goose Creek Allotment.

Non-Native weeds like Scotch Thistle, #4 on the Baker County "B" designated weed list on the County website, but Class A according to a friend who should know (seen as little gray rosettes in April, Whitetop (# 1 "B" designated weed on the County website, but Class A according to a friend who should know), and Teasel (#9 on the "B" list) have taken over seasonally moist ravines on the Goose Creek Allotment. White top has spread widely, even into dry areas. The Hutton Ranch has had the permit and was running their herd on this public property in Late April. The poorly developed early seral grasses and bare ground leave the hillside soils largely un-protected at this time of year. The white top will continue to spread throughout the allotment, and the scotch thistle will spread, become large and coarse, and crowd out native plants that used to live here. Photo taken on April 25, 2010.


Non-Native weeds like Scotch Thistle, and Whitetop have invaded this hill top on the Goose Creek Allotment. The Whitetop in the photo is just developing the blossomy white top. The scotch thistle is in its small rosette stage but will become large and coarse. Both weeds can crowd out native plants. Photo taken on April 25, 2010.


The non-native weed Whitetop has invaded even the drier areas of the Goose Creek Allotment. The Whitetop will continue to spread throughout the allotment and crowd out native plants and wildflowers, as it is doing in the area shown by this photo. One friend couldn't see the weeds so I'd like to point out that the lower half of the photo is almost entirely weeds or dead/dying sagebrush. The most developed Whitetop in the photo shows up as a darker green color and some plants, like the ones in the lower right hand corner, are developing blossoms--the white top. There is another weed in the photo as well, perhaps common tansy, but I didn't put it in my notes at the time. Photo taken on April 25, 2010


Non-Native weeds like Scotch Thistle, and Whitetop have invaded this draw adjacent to Spring Creek on the Goose Creek Allotment. The Whitetop in the photo is just developing the blossomy white top. The Scotch Thistle plants are most evident as the large gray stems in the foreground. These plants were once large prickly and and course last summer, but have become mere skeletons over winter. Both weeds can crowd out native plants and productive habitat. Photo taken on April 25, 2010.

Monday, December 13, 2010

Virginia Judge Rules Mandatory Health Insurance Unconstitutional; also: Obama Tax Deal Update & WikiLeaks

In This Issue:

- Virginia Judge Rules Mandatory Health Insurance is Unconstitutional

- Two Articles From Dean Baker at CEPR on Tax Deal

- Black Caucus Opposes Tax Deal, Wants Relief for 99ers

- Entertaining Video--Ellsberg Talks WikiLeaks on "The Colbert Report"

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Virginia Judge Rules Mandatory Health Insurance is Unconstitutional

This is one aspect of "Obamacare" that got stuck in the craw of many across the political spectrum, including myself.
__

Virginia health-care ruling strikes down key provision of Obama's plan
By Rosalind S. Helderman
Washington Post Staff Writer
Monday, December 13, 2010; 2:39 PM

RICHMOND - A federal judge in Virginia ruled Monday that a key provision of the nation's sweeping health-care overhaul is unconstitutional, the most significant legal setback so far for President Obama's signature domestic initiative.

U.S. District Court Judge Henry E. Hudson found that Congress could not order individuals to buy health insurance.

In a 42-page opinion, Hudson said the provision of the law that requires most individuals to get insurance or pay a fine by 2014 is an unprecedented expansion of federal power that cannot be supported by Congress's power to regulate interstate trade.

"Neither the Supreme Court nor any federal circuit court of appeals has extended Commerce Clause powers to compel an individual to involuntarily enter the stream of commerce by purchasing a commodity in the private market," he wrote. "In doing so, enactment of the [individual mandate] exceeds the Commerce Clause powers vested in Congress under Article I [of the Constitution.]

Hudson is the first judge to rule that the individual mandate is unconstitutional. He said, however, that portions of the law that do not rest on the requirement that individuals obtain insurance are legal and can proceed. Hudson indicated there was no need for him to enjoin the law and halt its implementation, since the mandate does not go into effect until 2014.

See original article for all.

December 13, 2010
Judge Voids Key Element of Obama Health Care Law
By KEVIN SACK
New York Times

A federal district judge in Virginia ruled on Monday that the keystone provision in the Obama health care law is unconstitutional, becoming the first court in the country to invalidate any part of the sprawling act and ensuring that appellate courts will receive contradictory opinions from below.

Judge Henry E. Hudson, who was appointed to the bench by President George W. Bush, declined the plaintiff’s request to freeze implementation of the law pending appeal, meaning that there should be no immediate effect on the ongoing rollout of the law. But the ruling is likely to create confusion among the public and further destabilize political support for legislation that is under fierce attack from Republicans in Congress and in many statehouses.

In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions.

The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”

Judge Hudson is the third district court judge to reach a determination on the merits in one of the two dozen lawsuits filed against the health care law. The others — in Detroit and Lynchburg, Va. — have upheld the law. Lawyers on both sides said the appellate process could last another two years before the Supreme Court settles the dispute.

Find entire article here.
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Obama Tax Deal Update

Two Articles From Dean Baker at CEPR

The Tax Deal and the Apocalypse

Excerpt:
To be an important person in Washington these days requires a solid record of failure. That is why we have 25 million people unemployed, underemployed or out of the labor force altogether. And those who got us into this disaster are still overwhelmingly the ones calling the shots. So people who want a realistic assessment of what the defeat of this tax package means for the economy may not want to rely on the usual suspects.


Dean Baker
Truthout, December 13, 2010

See article on original website

The proponents of the tax deal that President Obama and the Republicans negotiated last week have gotten out their TARP and Iraq War hysterics. All the important people are now telling us that if Congress doesn’t approve the package it will be the end of the world!!!!!

To be an important person in Washington these days requires a solid record of failure. That is why we have 25 million people unemployed, underemployed or out of the labor force altogether. And those who got us into this disaster are still overwhelmingly the ones calling the shots. So people who want a realistic assessment of what the defeat of this tax package means for the economy may not want to rely on the usual suspects.

As I have noted before, the major risk of this deal is that it would undermine Social Security. The deal temporarily lowers the Social Security tax by 2 percentage points. In principle the tax rate will go back to its current rate after the end of next year.

However, several prominent Republicans have already made it clear that they will call the expiration of this tax cut a tax increase. And they will point out that it is an extremely regressive tax increase that disproportionately hits low and moderate-income workers.

At the end of the 2011 the unemployment rate is virtually certain to be well above 8.0 percent and quite likely above 9.0 percent. In this context does anyone seriously believe that President Obama will refuse to go along with efforts by the Republicans in Congress to continue the tax cut beyond the scheduled deadline?

If the payroll tax is indefinitely lowered by 2.0 percentage points, then Social Security’s finances will appear much more shaky. As it stands, Social Security is fully funded through the year 2037, but that doesn’t keep the Washington Post and National Public Radio from running endless scare stories about the program’s funding crisis.

If the payroll tax is permanently reduced by 2.0 percentage points it would double the program’s projected 75-year shortfall. This would give far more ammunition to the Social Security fear mongers.

While Obama’s deal ostensibly provides for general revenue to be placed into the trust fund to make up the lost payroll tax revenue, there is little reason to believe that this funding would persist beyond the first year. Again, does anyone believe that President Obama will stand up for Social Security on this point?

In short, this deal is a very large first step toward cutting and/or privatizing Social Security. If the President wants to remove this risk he can simply arrange to have the exact same tax cut given to workers from general revenue. There is no legitimate reason for the Republicans to reject this change in structure, unless their intent is to destroy Social Security.

It’s really that simple. The structure of the deal would be changed unless the point is to undermine Social Security.


What about the threatened apocalypse if we don’t do the deal? Well, the deal would provide a net stimulus to the economy and also give money to unemployed workers who really need it. Not getting this boost would be bad news.

But it is hard to stomach the whining from people who were too damned lazy or incompetent to think about the consequences of the collapse of an $8 trillion housing bubble. These workers are unemployed because the folks calling the shots messed up.

In other words, the reason that we have 25 million people unemployed or underemployed is that people like Ben Bernanke, Timothy Geithner and Larry Summers messed up royally on their jobs. Fortunately for the folks on top, employment is not dependent on performance.

More to the point, this will not be our last chance to extend unemployment benefits or get additional stimulus. Unemployment benefits are hugely popular across the political spectrum. Even conservatives understand that the reason people are unemployed is because the economists messed up, not that the workers themselves lack the necessary skills or desire to work.


Congress will feel considerable pressure to extend benefits. In the same vein, the Republicans in Congress know that they will be evaluated in large part on the state of the economy in 2012. This means that they will have incentive to support additional stimulus, under whatever name they choose to give it.

In short, the train is not leaving the station. If this deal goes down, there will be other deals in the months ahead.

Remember, it was the Gingrich Congress that gave workers the first increase in the minimum wage in more than 15 years. They needed something to show for the 1996 elections. This Republican Congress is likely to feel the same pressure. [Bold Emphasis Added]

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Social Security Tax Cut: A Deal Breaker

Dean Baker
The Hill, December 9, 2010

Exerpt:
In principle there is nothing wrong with financing a portion of Social Security benefits with money from general revenue. This was in fact the original intention of President Roosevelt when he designed the program. However, the fact is that the program has always been financed exclusively by the Social Security tax that is taken from workers’ wages. This makes the tax regressive, but it has the advantage that workers can quite legitimately say that they have paid for their benefits. This will be to some extent less true if a portion of the funding comes from general revenue rather than payroll taxes. In short, getting funding from general revenue opens a new line of attack on the program.

The prospect of this tax cut being the basis for a renewed attack on Social Security could be dismissed if the program had defenders in high places, but this does not appear to be the case. Most of the Republicans would almost certainly like to privatize Social Security.

Unfortunately, the Obama Administration cannot be counted on to defend the program either. In fact, top officials in the administration seem to view attacks on Social Security and its supporters as a way to prove their manhood. President Obama’s decision to appoint two arch-enemies of Social Security to chair his Fiscal Responsibility commission certainly does not inspire confidence among supporters of Social Security.

In short, supporters of Social Security have good reason to oppose the tax deal. It is easy to have the same stimulus with an expanded version of President Obama’s Making Work Pay tax cut. Supporters of Social Security should reject the latest deal and tell President Obama to stand behind his own tax cut. This is what presidents are supposed to do.

See entire article on original website
Dean Baker is the co-director of the Center for Economic and Policy Research (CEPR). He is the author of False Profits: Recovering from the Bubble Economy. He also has a blog, "Beat the Press," where he discusses the media's coverage of economic issues.
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Black Caucus Opposes Tax Deal, Wants Relief for 99ers

December 12, 2010 - by Donny Shaw

Hot on the heels of Rep. Sheila Jackson-Lee’s [D, TX-18] statement Thursday on the House floor that an extension of unemployment insurance for 99ers should be added to Obama’s tax deal, the Congressional Black Caucus has announced that adding 99ers relief is essential for winning the support of their members.

“The CBC has reached a consensus on three areas that we believe we can unite behind, ”http://www.opencongress.org/person/show/400364_Robert_Scott">Rep. Bobby Scott [D, VA-3] said at a press conference on Friday. “First, we support the 13-month extension of unemployment insurance benefits, but we all agree that we also ought to extend benefits for the so-called 99ers — those who are exhausting the benefits they have.”
View the full press conference here.

The deal brokered by Obama and congressional Republicans would extend the four tiers of unemployment benefits that expired on December 1st, but would not create a new tier of benefits for those who have moved through those tiers and are still unemployed. The four tiers provided up to 99 weeks of benefits in some states, and we’re now more than 99 weeks out from the brunt of the ‘08 financial crisis. That means that, before the tiers expired, a wave of people who lost their jobs as a direct result of Wall Street recklessness and regulatory incompetence began being dropped off the backend of the federal insurance programs. There’s no official estimate of how many 99ers there are already, but most estimates put the number around 5 million.

The Congressional Black Caucus has 42 members, which might not be enough to force a change in the tax deal. If all House Republicans vote for the bill, only 39 Democratic votes would be needed to secure passage. In September, 31 conservative Blue Dog Democrats wrote a letter to the leadership advocating for all of the Bush tax cuts to be extended, so they can be counted as likely yeses. According to the Wall Street Journal, the Obama Administration is currently working to round up the final votes they need by lobbying lame duck Democrats in the House who lost re-election in November and are no longer accountable to voters.

Ultimately, whether or not additional weeks for 99ers can be added to the bill is up to Speaker Rep. Nancy Pelosi [D, CA-8] and the House Democratic leadership. The Senate is expected to pass the bill early this week, and Pelosi and crew have the choice of passing it as is, or passing it with an amendment. Even if Pelosi goes with an amendment, it’s possible that it would address other items — the estate tax or the length of the extension of the existing unemployment tiers — and not seek to add anything for the 99ers. As the WSJ reports today, Pelosi is “walking a perilous path” by attempting to satisfy her Democrats, who strongly oppose the deal, while at the same time trying to shepherd some form the deal into law so the tax cut debate is not pushed back to the next, more Republican, session of Congress.

See article for other links.
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Video--Ellsberg Talks WikiLeaks on "The Colbert Report"

Daniel Ellsberg on Colbert Report: Julian Assange is Not a Criminal Under the Laws of the United States

"[Daniel's segment starts at 4:06]

ELLSBERG: Julian Assange is not a criminal under the laws of the United States. I was the first one prosecuted for the charges that would be brought against him. I was the first person ever prosecuted for a leak in this country—although there had been a lot of leaks before me. That’s because the First Amendment kept us from having an Official Secrets Act. . . . The founding of this country was based on the principle that the government should not have a say as to what we hear, what we think, and what we read. . . .

If Bradley Manning did what he’s accused of, then he’s a hero if mine and I think he did a great service to this country. We’re not in the mess we’re in, in the world, because of too many leaks. . . . I say there should be some secrets. But I also say we invaded Iraq illegally because of a lackof a Bradley Manning at that time."

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Billy Bragg and Wilco-- "The Unwelcome Guest"
By Woodie Guthrie


Saturday, December 11, 2010

Obama's Republican Tax Deal & Cole Case

IN THIS ISSUE:

- Obama's Republican Tax Deal [Edited 12/12-13/10]
- Cole Case--Judge Reynold's orders dismissal "with prejudice." [Edited 12/12/10]

__________

Obama's Republican Tax Deal

After having crumbled repeatedly to the desires of the morally bankrupt corporate Republican leadership (not the sme as the Republican rank and file), President Obama has apparently made the politically expedient choice to attack a softer target--members of his own party--particularly those in the Democratic Caucus of the House of Representatives. This is a dangerous and destructive version of Bill Clinton's run to the right and "triangulation" strategy during his two terms of "divided government." I would remind Obama that he still has a majority in Congress until the end of the year, but it looks like he has decided to ignore that. Obama even brought Clinton to the White House to help sell his tax cut deal. (People might want to remember that Clinton and his financial advisors, including current Obama advisor Larry Summers (a Clinton Secretary of the Treasury), helped set the stage for the economic collapse brought to fruition by George W. Bush.) In response to criticism about his having cut out Democratic input to his Republicanesque tax deal with the coldest stone in the Senate, Mitch McConnell, Obama has taken to implying his own party is irresponsible, and has called them "sanctimonious" "purists," and etc. Real Democrats, such as Oregon's Peter De Fazio, suggest that Obama has abandoned Democratic values. One wonders if the ever adaptable Obama's next move will be changing parties to run for the Republican Presidential nomination in 2010. ;-)

Some Democrats and progressives think letting the tax cuts expire would put the responsibility for not extending unemployment benefits back where it belongs--with the Republicans. The revenue could be used for a targeted stimulus to put people back to work and to protect the security of those who have been economically displaced through no fault of their own, as well as for cutting the deficit. Unfortunately, Obama had made that much less likely.

Representative De Fazio was on NPR's "Weekend Edition Saturday" this morning. When asked by Simon if the Democrats in opposition were acting responsibly, he replied
"Absolutely! We're trying to save tens of hundreds of billions of dollars for the American people. . .[because many of Obama's] measures will not put a single American back to work and are not targeted toward families in need."

He stated he thought the Republicans were bluffing and asked the rhetorical question of whether the Republicans are:
". . . prepared to go home as the Grinch--the people who took away unemployment benefits from people who want to work, who are struggling to make ends meet, keep food on the table for their kids--just before Christmas. [just] because they are holding out for millionaires and billionaires? I don't think so. I really think the President . . . got taken to the cleaners on this. . . . . When have we buckled down to this kind of fight? We haven't. I mean the President negotiated these things away without any fight at all. . . . . I mean when he says all these people who supported the public option--their just "purists" and these people who are opposed to the breaks for the wealthiest among us on borrowed money . . . are "sanctimonious"--Wow . . . ."

Listen to De Fazio on NPR: Opposing The Tax Deal Is Oregon Rep's Bottom Line

Financial investment types, as well as Obama apologists and advisors, have been busy reframing the issue and distorting who gets what and which ideas can fairly be called Democratic. Remember that an Obama deal that cuts out the input of most Congressional Democrats is not a Democratic proposal--it's a Barak Obama, Larry Summers, Joe "lets make a deal--any deal" Biden proposal.

Former Clinton Labor Secretary Robert Reich puts the deal in its proper context in a recent article where he writes:

Apart from its extraordinary cost and regressive tilt, the tax deal negotiated between the President and the Republicans has another fatal flaw.

It confirms the Republican worldview.

Americans want to know what happened to the economy and how to fix it. At least Republicans have a story – the same one they’ve been flogging for thirty years. The bad economy is big government’s fault and the solution is to shrink government.

Here’s the real story. For three decades, an increasing share of the benefits of economic growth have gone to the top 1 percent. Thirty years ago, the top got 9 percent of total income. Now they take in almost a quarter. Meanwhile, the earnings of the typical worker have barely budged.


The entire article can be found here: Why the Tax Deal Confirms the Republican Worldview

Yesterday, Senator Bernie Sanders (I-VT) took the Senate floor for 8 hours detailing even more of the economic and political history related to the tax deal.
"Mr. President, in 2007, the top one percent of all income earners in the United States made twenty-three and one half percent of all income. . . . . That is more than the bottom fifty percent . . . . . The percentage of income going to the top one percent nearly tripled since the 1970's. . . . . Eighty percent of all new income earned from 1980 to 5005 has gone to the top one percent. The top one percent now owns more wealth than the bottom ninety percent. . . . .

That is not the foundation for a democratic society, that's the foundation for an oligarchic society."

[Oligarchy: 1.
a. Government by a few, especially by a small faction of persons or families.
b. Those making up such a government.
2. A state governed by a few persons.]

You can view and hear the Senator on C-SPAN: SEN. SANDERS HELD A TAX CUT FILIBUSTER

James Kwak discusses various aspects of the deal on The Baseline Scenario in his article: More on the Tax Deal

Here is a small sample:
Obama has said for years that he wants to preserve the tax cuts for the “middle class,” but not for the rich. For the purposes of this post, “middle class” means a household with less than $250,000 in annual income. Of course, this is ridiculous, since $250,000 lands you easily in the top five percent of the population by income, according to Census figures. Why Obama chose to draw the line to separate the extremely rich from the very rich is something I’ve never understood. And besides, households above that line still benefit from the tax cuts as well, because they pay less taxes on their incomes up to $250,000, just like everyone else. In dollar terms, someone making $500,000 benefits just as much as someone making $250,000, and much more than someone making $50,000.


He also writes about how the issues are being distorted and mis-framed in another article, Who Wanted What?, where he reviews disingenuous analysis by Obama advisor Austan Goolsbee and others.

And from Simon Johnson:

http://baselinescenario.com/2010/12/09/8372/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+BaselineScenario+%28The+Baseline+Scenario%29

. . . . Cutting taxes for the very rich is an ineffective way to stimulate the economy in the short term (for a detailed discussion, see this post by my colleague James Kwak). On this there is widespread agreement, including from the pages of The Wall Street Journal, where Robert Frank, a careful student of the rich and famous (and editor of The Journal’s Wealth Report and author of “Richistan”), said: “When I ask wealthy business owners and entrepreneurs why they’re not hiring, they rarely mention taxes. They say consumer demand. And jobs.”

Three much more effective ways to support consumer demand and jobs would be:
Really extend unemployment benefits. There is nothing in the proposal on the table that will help people who have already been unemployed for 99 weeks – see this explanation from Nevada.

Don’t lay off teachers anywhere in the country. The broader goal, of course, is to increase teacher quality, which is not easy and takes time (see the film“Waiting for Superman”). But firing teachers at any level of K-12 education makes no sense in the short or medium run.

Immediately hire more people to teach in community colleges. The unemployed – and those at risk of being fired – need new skills, particularly around information technology and the ability to run businesses. Give the long-term unemployed the opportunity and incentive to attend these classes. Help them get jobs – or start their own businesses. Even if those companies fail, the entrepreneurial experience will keep them in the labor force and enable them to enhance their skills – and become more productive employees when larger companies decide to start hiring in earnest again.

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Cole Case--Judge Reynold's orders dismissal "with prejudice."

On December 2, 2010, Judge Garry Reynolds issued a Judgement in State of Oregon v. Brian Cole, Case No. 09-725 (Baker County). I posted the Judgement Friday on Scribd.com.

In the Judgement, Reynolds dissmissed the sex abuse charges "with prejudice."

"Under Oregon law, a dismissal with prejudice prevents the plaintiff from litigating his case again. See Joseph v. Cohen, 658 P.2d 544, 546 (Or.App.1983) (dismissal with prejudice is "terminal judgment on the merits"); see also Black's Law Dictionary 421 (West 5th ed. 1979) (dismissal with prejudice is 'An adjudication on the merits, and final disposition, barring the right to bring or maintain an action on the same claim or cause.')."
Reference Citation: 101 F.3d 705


Apparently it is common practice in settlements like the Civil Compromise settlements as in this case, for the Judge to then dismiss the case "with predudice," which certainly benefits the defendant by protecting them from further litigation. But also, as best I understand it, dismissal with prejudice seems to be a dream come true for Judges. Conceivably, the presiding Judge could issue a dismissal with prejudice judgement so as to help insulate his own actions and decisions from further judicial review, at least any brought by the plaintiff. A friend just told me that it might not prevent the defendant from appealing some of the decisions made by the judge, although I am uncertain of that.

For information on this case see;
WEDNESDAY, DECEMBER 1, 2010
Cole Case (18 months probation) & County Court House Damage
http://bakercountyblog...

TUESDAY, NOVEMBER 23, 2010
Cole Case: Justice Delayed IS Justice Denied: Reynolds Dismisses Sex Abuse Charges Against Cole.
http://bakercountyblog...
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Billy Bragg and Wilco-- "The Unwelcome Guest"
By Woodie Guthrie