Lost Our Way

Whipped Into A Frenzy

Bob Herbert, in his last column1 for the NYT reports:

So here we are pouring shiploads of cash into yet another war, this time in Libya, while simultaneously demolishing school budgets, closing libraries, laying off teachers and police officers, and generally letting the bottom fall out of the quality of life here at home.

Welcome to America in the second decade of the 21st century. An army of long-term unemployed workers is spread across the land, the human fallout from the Great Recession and long years of misguided economic policies. Optimism is in short supply. The few jobs now being created too often pay a pittance, not nearly enough to pry open the doors to a middle-class standard of living.

Arthur Miller, echoing the poet Archibald MacLeish, liked to say that the essence of America was its promises. That was a long time ago. Limitless greed, unrestrained corporate power and a ferocious addiction to foreign oil have led us to an era of perpetual war and economic decline. Young people today are staring at a future in which they will be less well off than their elders, a reversal of fortune that should send a shudder through everyone.

The U.S. has not just misplaced its priorities. When the most powerful country ever to inhabit the earth finds it so easy to plunge into the horror of warfare but almost impossible to find adequate work for its people or to properly educate its young, it has lost its way entirely.

(click here to continue reading Losing Our Way – NYTimes.com.)

We are failed by our leaders – both political and business – and desperately need a new infusion of ideas and commitment to restoring our country.

For instance, General Electric, the largest corporation in the U.S., paid less than zero in corporate taxes last year – receiving a tax credit of $3,200,000,000 to use to avoid paying future taxes. And they are not alone, far from it, as we’ve mentioned a few times before:

While General Electric is one of the most skilled at reducing its tax burden, many other companies have become better at this as well. Although the top corporate tax rate in the United States is 35 percent, one of the highest in the world, companies have been increasingly using a maze of shelters, tax credits and subsidies to pay far less.

In a regulatory filing just a week before the Japanese disaster put a spotlight on the company’s nuclear reactor business, G.E. reported that its tax burden was 7.4 percent of its American profits, about a third of the average reported by other American multinationals. Even those figures are overstated, because they include taxes that will be paid only if the company brings its overseas profits back to the United States. With those profits still offshore, G.E. is effectively getting money back.

Such strategies, as well as changes in tax laws that encouraged some businesses and professionals to file as individuals, have pushed down the corporate share of the nation’s tax receipts — from 30 percent of all federal revenue in the mid-1950s to 6.6 percent in 2009.

(click here to continue reading G.E.’s Strategies Let It Avoid Taxes Altogether – NYTimes.com.)

I’ll let Mr. Herbert get the last word:

A stark example of the fundamental unfairness that is now so widespread was in The New York Times on Friday under the headline: “G.E.’s Strategies Let It Avoid Taxes Altogether.” Despite profits of $14.2 billion — $5.1 billion from its operations in the United States — General Electric did not have to pay any U.S. taxes last year.

As The Times’s David Kocieniewski reported, “Its extraordinary success is based on an aggressive strategy that mixes fierce lobbying for tax breaks and innovative accounting that enables it to concentrate its profits offshore.”

G.E. is the nation’s largest corporation. Its chief executive, Jeffrey Immelt, is the leader of President Obama’s Council on Jobs and Competitiveness. You can understand how ordinary workers might look at this cozy corporate-government arrangement and conclude that it is not fully committed to the best interests of working people.

Overwhelming imbalances in wealth and income inevitably result in enormous imbalances of political power. So the corporations and the very wealthy continue to do well. The employment crisis never gets addressed. The wars never end. And nation-building never gets a foothold here at home.

New ideas and new leadership have seldom been more urgently needed.

Footnotes:
  1. I’m saddened by this, he has long been one of my favorite OpEd columnists []

Scalia and Thomas Should Be Impeached

Symbolic

At the least because of their refusal to behave in an ethical manner.

Even the editorial page of the NYT is concerned

The court is still not addressing the issue despite months of questions about possible cozy friendships, suspected political biases and family ties. Last week, Justice Antonin Scalia was asked to recuse himself from an upcoming case about alleged gender bias at Wal-Mart Stores because his son is co-chairman of the labor and employment practice at the law firm representing the company.

A bipartisan group of 107 law professors from 76 law schools have made their own proposal for how the court should solve its recusal problem. They argue that justices should follow the ethical code that applies to other federal judges. (Under the rule about avoiding the appearance of impropriety and not letting others “convey the impression that they are in a special position to influence the judge,” Justice Antonin Scalia would not have been able to go duck hunting with Vice President Dick Cheney in 2003 after the court agreed to hear a case involving Mr. Cheney.)

If a justice denies a motion to recuse, he or she should have to issue an opinion explaining why and that could be reviewed by some as yet unspecified group.

The professors’ proposal is a good start. Representatives Chris Murphy and Anthony Weiner are working on a bill based on it. It would be better for the justices to come up with their own similar proposal and adopt it — including a review process by a committee of justices to ensure accountability. That would not interfere with the court’s independence and would strengthen its credibility.

 

(click here to continue reading The Court’s Recusal Problem – NYTimes.com.)

It's About Judge Ment

and re: Justice Thomas

Supreme Court spouse Ginni Thomas recently opened a lobbying firm which promises to give “voice to…the tea party movement in the halls of Congress.” The job will likely lead her to lobby in favor of repealing the Affordable Care Act. Meanwhile, conservatives are mounting a nationwide litigation strategy to convince Ginni’s husband to give voice to the tea party movement in the halls of the Supreme Court.

In response to Ginni Thomas’ involvement with groups trying to repeal the Affordable Care Act, 74 Members of Congress signed a letter to Ginni’s husband — Justice Clarence Thomas — pointing out that his wife’s new job could have ethical consequences for him:

As an Associate Justice, you are entrusted with the responsibility to exercise the highest degree of discretion and impartiality when deciding a case. As Members of Congress, we were surprised by recent revelations of your financial ties to leading organizations dedicated to lobbying against the Patient Protection and Affordable Care Act. We write today to respectfully ask that you maintain the integrity of this court and recuse yourself from any deliberations on the constitutionality of this act. […]

Given these facts, there is a strong conflict between the Thomas household’s financial gain through your spouse’s activities and your role as an Associate Justice of the United States Supreme Court. We urge you to recuse yourself from this case. If the US Supreme Court’s decision is to be viewed as legitimate by the American people, this is the only correct path.

(click here to continue reading ThinkProgress » 74 Members of Congress Seek Justice Thomas’ Recusal From Affordable Care Act Lawsuits.)

the full letter available here

Illinois Ends Death Penalty

End Torture in Illinois

Good news from a blue state: the death penalty is officially ended.

Gov. Pat Quinn today signed into law a historic ban on the death penalty in Illinois and commuted the sentences of 15 death row inmates to life without parole.

The governor said he followed his conscience. He said he believed in signing the bill he also should “abolish the death penalty for everyone,” including those already on death row.

“Fellow citizens, we cannot escape history,” Quinn told reporters afterward. “I think it’s the right, just thing to abolish the death penalty.”

Quinn signed the legislation during a private ceremony in his Capitol office surrounded by longtime opponents of capital punishment in a state where flaws in the process led to the exoneration of numerous people sentenced to death.

“For me, this was a difficult decision, quite literally the choice between life and death,” Quinn wrote in his signing statement. “This was not a decision to be made lightly, or a decision that I came to without deep personal reflection.”

“Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it,” Quinn wrote. “With our broken system, we cannot ensure justice is achieved in every case.” “For the same reason, I have also decided to commute the sentences of those currently on death row to natural life imprisonment, without the possibility of parole or release,” the governor wrote.

A small group of lawmakers also was on hand, including lead sponsors Rep. Karen Yarbrough, D-Maywood, and Sen. Kwame Raoul, D-Chicago. Senate President John Cullerton, D-Chicago, and House Majority Leader Barbara Flynn Currie, D-Chicago also attended. Lt. Gov. Sheila Simon, who lobbied Quinn to sign the ban, was there.

(click here to continue reading Clout St: Quinn signs death penalty ban, commutes 15 death row sentences to life.)

and one reason this is a good thing: the process is deeply flawed

The Tribune examination found at least 46 inmates sent to death row in cases where prosecutors used jailhouse informants to convict or condemn the defendants. The investigation also found at least 33 death row inmates had been represented at trial by an attorney who had been disbarred or suspended; at least 35 African-American inmates on death row who had been convicted or condemned by an all-white jury; and about half of the nearly 300 capital cases had been reversed for a new trial or sentencing hearing.

(click here to continue reading Quinn signs death penalty ban, clears Death Row – chicagotribune.com.)

Good decision by Governor Quinn: the death penalty is not an effective deterrent for future crime, and sends the wrong message to the citizens – namely that the state can kill you, sometimes, with or without proper due process.

Texas Education and Its Enemy – the GOP

Austin Capitol From The East Side

Rick Perry and his fellow GOP-ers are busily ensuring that Texas remains at the bottom of most education metrics for a long while. I guess their philosophy is to turn Texas into a third world country, and depress wages, thus ensuring the Texas oligarchy healthy profits when Texas secedes from the US.

Paul Krugman writes:

Texas likes to portray itself as a model of small government, and indeed it is. Taxes are low, at least if you’re in the upper part of the income distribution (taxes on the bottom 40 percent of the population are actually above the national average). Government spending is also low. And to be fair, low taxes may be one reason for the state’s rapid population growth, although low housing prices are surely much more important.

But here’s the thing: While low spending may sound good in the abstract, what it amounts to in practice is low spending on children, who account directly or indirectly for a large part of government outlays at the state and local level.

And in low-tax, low-spending Texas, the kids are not all right. The high school graduation rate, at just 61.3 percent, puts Texas 43rd out of 50 in state rankings. Nationally, the state ranks fifth in child poverty; it leads in the percentage of children without health insurance. And only 78 percent of Texas children are in excellent or very good health, significantly below the national average.

But wait — how can graduation rates be so low when Texas had that education miracle back when former President Bush was governor? Well, a couple of years into his presidency the truth about that miracle came out: Texas school administrators achieved low reported dropout rates the old-fashioned way — they, ahem, got the numbers wrong.

It’s not a pretty picture; compassion aside, you have to wonder — and many business people in Texas do — how the state can prosper in the long run with a future work force blighted by childhood poverty, poor health and lack of education.

But things are about to get much worse.

(click here to continue reading Texas, Budget Cuts and Children – NYTimes.com.)

and concludes, in case you missed his point:

The really striking thing about all this isn’t the cruelty — at this point you expect that — but the shortsightedness. What’s supposed to happen when today’s neglected children become tomorrow’s work force?

Anyway, the next time some self-proclaimed deficit hawk tells you how much he worries about the debt we’re leaving our children, remember what’s happening in Texas, a state whose slogan right now might as well be “Lose the future.”

Army Denies Doing What It Has Always Done

Angry Waters

The Army spokes-liar for William Caldwell says the facts reported by Michael Hastings are not true, and proves it by assertion. Or actually, doesn’t prove it at all, just denies the evidence, and the New York Times dutifully reports it. Were you surprised? I wasn’t. Notice also Michael Hastings’ article isn’t linked to in this story: you aren’t supposed to read it and make up your own mind.

The spokesman for a three-star general accused of instructing troops to carry out “psychological operations” to sway visiting members of Congress said Saturday that the general was innocent of any wrongdoing.

Lt. Col. Shawn Stroud, communications director for NATO’s training mission in Afghanistan, sent out a personal e-mail to friends and colleagues to “categorically deny the assertion” that the commander, Lt. Gen. William B. Caldwell IV, or his officers “used an Information Operations cell to influence distinguished visitors.”

Rolling Stone magazine reported Thursday that General Caldwell or his senior aides improperly ordered a team of specialists to gather information about Congressional delegations to persuade them to endorse the allocation of more money and troops for the training effort.

“The evidence provided in the Rolling Stone article is misleading at best and outright false in many places,” Colonel Stroud wrote in the e-mail, which was labeled as a personal note and not an official news release. A copy of the e-mail was provided to The New York Times.

(click here to continue reading Officer Says General Didn’t Try to Sway Visiting Congress Members – NYTimes.com.)

and the NYT legal department must have gotten a phone call:

Correction: February 26, 2011

An earlier version of this article included a headline that misstated the status of the investigation of Lt. Gen. William B. Caldwell IV. It is still ongoing, and he has not been cleared.

Army Deploys Psy-Ops on U.S. Senators

Are We Really Free

Michael Hastings is not going to get a Christmas card from the Pentagon this year, methinks. And the cynic in me wonders how many years has this policy gone on. Probably since George Washington? Only the tools and techniques have become drastically more sophisticated as Army scientists figure out how to manipulate brains better.

The U.S. Army illegally ordered a team of soldiers specializing in “psychological operations” to manipulate visiting American senators into providing more troops and funding for the war, Rolling Stone has learned – and when an officer tried to stop the operation, he was railroaded by military investigators.

The orders came from the command of Lt. Gen. William Caldwell, a three-star general in charge of training Afghan troops – the linchpin of U.S. strategy in the war. Over a four-month period last year, a military cell devoted to what is known as “information operations” at Camp Eggers in Kabul was repeatedly pressured to target visiting senators and other VIPs who met with Caldwell. When the unit resisted the order, arguing that it violated U.S. laws prohibiting the use of propaganda against American citizens, it was subjected to a campaign of retaliation.

“My job in psy-ops is to play with people’s heads, to get the enemy to behave the way we want them to behave,” says Lt. Colonel Michael Holmes, the leader of the IO unit, who received an official reprimand after bucking orders. “I’m prohibited from doing that to our own people. When you ask me to try to use these skills on senators and congressman, you’re crossing a line.”

The list of targeted visitors was long, according to interviews with members of the IO team and internal documents obtained by Rolling Stone. Those singled out in the campaign included senators John McCain, Joe Lieberman, Jack Reed, Al Franken and Carl Levin; Rep. Steve Israel of the House Appropriations Committee; Adm. Mike Mullen of the Joint Chiefs of Staff; the Czech ambassador to Afghanistan; the German interior minister, and a host of influential think-tank analysts.

(click here to continue reading Another Runaway General: Army Deploys Psy-Ops on U.S. Senators | Rolling Stone Politics.)

 

Union crushing in Wisconsin could lose $46 million in federal funds

Metaphoric

The Koch kisser Scott Walker has yet another problem brewing:

[Scott Walker’s brinksmanship] could be forfeiting millions in transportation funding from the federal government if his anti-union legislation is signed into law.

Under an obscure provision of federal labor law, states risk losing federal funds should they eliminate “collective bargaining rights” that existed at the time when federal assistance was first granted. The provision, known as “protective arrangements” or “Section 13C arrangements,” is meant as a means of cushioning union (and even some non-union) members who, while working on local projects, are affected by federal grants.

It also could potentially hamstring governors like Walker who want dramatic changes to labor laws in their states. Wisconsin received $74 million in federal transit funds this fiscal year. Of that, $46.6 million would be put at risk should the collective-bargaining bill come to pass — in the process creating an even more difficult fiscal situation than the one that, ostensibly, compelled Walker to push the legislation in the first place.

He probably figures the jobs lost would be union jobs, so what the hell. Half a billion dollars and a crippled state economy are nothing if he can crush labor

(click here to continue reading Daily Kos: Walker informed Wisconsin could lose $46 million in federal funds with anti-union bill.)

Diving into the future

and if you hadn’t heard, Ian Murphy of a Buffalo alt-weekly, Buffalo Beast, held a 20 minute prank call with Walker by posing as a member of the Kochtopus:

Ian Murphy, editor of the Buffalo Beast, just did something wonderful. Murphy, pretending to be billionaire industrialist and secretive conservative political activist David Koch, called Wisconsin Gov. Scott Walker, currently in the midst of attempting to crush the public employees’ unions. “Koch” got through to Walker (who hasn’t been taking calls from the Democratic state Senate minority leader). He taped the call and put it online.

So Walker will happily take a call from a Koch brother. He says that he considered “planting some troublemakers” among the protesters. He is convinced that everyone is on his side. Like most people who only watch Fox, he has a skewed impression of the popularity of his union-crushing proposals. (His plan is, nationally, roundly unpopular. Except on Fox.)

…Walker does reveal that he is planning to trick the Democrats into coming back into town for a “talk,” despite his lack of interest in compromising anything. He will ask them to open a session in the Assembly, and then take a recess for this talk. At that point, the Senate Republicans would hold the vote on the bill while Walker distracts the Democrats with this entirely pointless discussion:

They can recess it … the reason for that, we’re verifying it this afternoon, legally, we believe, once they’ve gone into session, they don’t physically have to be there. If they’re actually in session for that day, and they take a recess, the 19 Senate Republicans could then go into action and they’d have quorum because it’s turned out that way. So we’re double checking that. If you heard I was going to talk to them that’s the only reason why. We’d only do it if they came back to the capitol with all 14 of them. My sense is, hell. I’ll talk. If they want to yell at me for an hour, I’m used to that. I can deal with that. But I’m not negotiating.

(click here to continue reading Fake “Koch brother” calls up Wisconsin governor – War Room – Salon.com.)

Amazon and Texas Taxes

Ready for a scotch

I guess Governor Quinn still hasn’t decided whether to sign the Illinois Amazon affiliate killing bill yet. Meanwhile, Amazon is in a fight with another state, namely Texas.

The planned closure of an Amazon.com Inc. distribution center in a suburb here has opened a debate about whether taxes or jobs is the better answer for Texas’ tattered budget.

The online retailing giant said last week that it would close its center in Irving due to a dispute with the state comptroller, who is demanding that Amazon pay $269 million in sales taxes it should have collected on goods sold to Texas residents.

The Supreme Court ruled in 1992 that businesses without a physical presence in a state are not obliged to collect taxes on the goods they sell there.

Since then, states have been trying to get Congress to change the law or have been seeking a way around it. A coalition of states has lobbied Congress to force online retailers to collect some taxes—so far without success. Some states, including Illinois and New York, broadened the definition of “physical presence” to include online retailers who pay commissions for referrals by local partners.

Illinois lawmakers recently passed a similar bill, which awaits the governor’s signature. Amazon has responded to the various laws with lawsuits or by cutting ties to the local businesses.

(click here to continue reading Amazon’s Exit Spurs Tax Fight in Texas – WSJ.com.)

Pink Light Over Boeing

Pink Light Over Boeing

Boeing, one of our corporate overlords.

Behold, 2007’s expenditures, estimated. These numbers have gone up several percentage points since then:

Total Purchases: $306,521,269,483

Rank Parent Company Total Air Force Army Navy
1 Lockheed Martin Corp. $27,320,616,068 $13,134,039,297 $4,129,352,342 $9,368,161,063
2 Boeing Co. 20,861,418,122 9,066,016,130 4,571,754,905 5,047,577,486

(click here to continue reading Top 100 Defense Contractors (8/15/07) — GovExec.com.)

And for a little perspective:

Top Ten Miliitary Spending 2009

2009 defense budgets, by nation, showing just the top ten. Notice how much bigger the U.S.’s percentage is…

This is a list of countries by military expenditures. The list is based on the Stockholm International Peace Research Institute (SIPRI) database which calculates military expenditures in 2009 (in constant 2008 US$)

Rank↓ ↓ Country↓ Military expenditure, 2009[2]↓ % of GDP, 2008↓
1 United States United States 663,255,000,000 4.3%
2 People's Republic of China China 98,800,000,000 2.0%
3 United Kingdom United Kingdom 69,271,000,000 2.5%
4 France France 67,316,000,000 2.3%
5 Russia Russian Federation 61,000,000,000 3.5%
6 Germany Germany 48,022,000,000 1.3%
7 Japan Japan 46,859,000,000 0.9%
8 Saudi Arabia Saudi Arabia 39,257,000,000 8.2%
9 Italy Italy 37,427,000,000 1.7%
10 India India 36,600,000,000 2.6%

 

Even in these lean economic times, the right of Boeing, Lockheed Martin and similar companies to make obscene profits is sacrosanct, and Obama’s 2012 Budget gives Defense a 5% increase. Domestic programs must be sliced to balance the federal budget, but defense contractors remain fat.

Defense Secretary Robert Gates already has revealed the Pentagon will seek $553 billion in its 2012 Pentagon budget plan — the largest request ever — and slower growth than planned over the next four years. He also has revealed proposals to end several major weapons programs, including the Marine Corps’ Expeditionary Fighting Vehicle (EFV).

That means the spending plan “will be anti-climactic in the broad sense,” according to one senior House defense aide.

Indeed, while Gates promised to cut $78 billion over five years, most of that reduction would take place in 2014 and 2015. As Center for American Progress senior fellow and President Reagan’s former assistant secretary of defense Larry Korb points out, Obama’s request is “5% higher than what the Defense Department plans to spend this year. In inflation-adjusted dollars, this figure is higher than at any time during the Bush years or during the Cold War.” In fact, the total military budget this year “comes in at a thumping $750 billion — an annual tax of more than $7,000 on every household in the country.” And while there are clear ways to cut $1 trillion from the Pentagon budget, it seems that many in the GOP have no intention of doing so.

(click here to continue reading ThinkProgress » Pentagon’s 2012 Spending Proposal Is ‘The Largest Request Ever’ Since World War II.)

These are only the budgeted amounts, the Pentagon manages to go over budget nearly every year since General Eisenhower was in office.

So are you willing to give $7,000 to the military this year? and more the year after? and more the year after that?

Evading Corporate Taxes in America

Sketchy ATM Inside

We’ve discussed this before, but the bottom line is that corporations in the U.S. mostly don’t pay much tax because there are all sorts of clever loopholes and tax credits, and legal ways to evade taxation, and of course corporations take full advantage of them.

Of the 500 big companies in the well-known Standard & Poor’s stock index, 115 paid a total corporate tax rate — both federal and otherwise — of less than 20 percent over the last five years, according to an analysis of company reports done for The New York Times by Capital IQ, a research firm. Thirty-nine of those companies paid a rate less than 10 percent.

Arguably, the United States now has a corporate tax code that’s the worst of all worlds. The official rate is higher than in almost any other country, which forces companies to devote enormous time and effort to finding loopholes. Yet the government raises less money in corporate taxes than it once did, because of all the loopholes that have been added in recent decades.

“A dirty little secret,” Richard Clarida, a Columbia University economist and former official in the Treasury Department under President George W. Bush, has said, “is that the corporate income tax used to raise a fair amount of revenue.”

Over the last five years, on the other hand, Boeing paid a total tax rate of just 4.5 percent, according to Capital IQ. Southwest Airlines paid 6.3 percent. And the list goes on: Yahoo paid 7 percent; Prudential Financial, 7.6 percent; General Electric, 14.3 percent.

Economists have long pleaded for an overhaul of the corporate tax code, and both President Obama and Republicans now say they favor one, too. But it won’t be easy. Companies that use loopholes to avoid taxes don’t mind the current system, of course, and they have more than a few lobbyists at their disposal.

 

(click here to continue reading The Paradox of Corporate Taxes in America – NYTimes.com.)

F.D.A and Dairy Industry Spar Over Testing of Milk

R. J. Rous Wholesale Milk and Cream

Yet again, a federal agency chooses to let a regulated business make the decisions. Too bad there isn’t a consumer advocate that could demand the FDA be firm with industry.

Each year, federal inspectors find illegal levels of antibiotics in hundreds of older dairy cows bound for the slaughterhouse. Concerned that those antibiotics might also be contaminating the milk Americans drink, the Food and Drug Administration intended to begin tests this month on the milk from farms that had repeatedly sold cows tainted by drug residue.

But the testing plan met with fierce protest from the dairy industry, which said that it could force farmers to needlessly dump millions of gallons of milk while they waited for test results. Industry officials and state regulators said the testing program was poorly conceived and could lead to costly recalls that could be avoided with a better plan for testing.

In response, the F.D.A. postponed the testing

(click to continue reading F.D.A and Dairy Industry Spar Over Testing of Milk – NYTimes.com.)

The FDA even says, bluntly, that they don’t give a shit about consumers:

The F.D.A. said that it would confer with the industry before deciding how to proceed. “The agency remains committed to gathering the information necessary to address its concern with respect to this important potential public health issue,” it said in a statement.

Illinois Eavesdropping Act Should be Overturned

Let Me Show You How to Eagle Rock

Police should be held to the same standards as citizens: and not allowed to hide behind this archaic, pre-digital law. I fail to see why the police are afraid of being recorded, unless they plan on bending the law in some way and don’t want to be caught. Other states don’t have this same law, and seem to be doing just fine…

The Illinois Eavesdropping Act has been on the books for years. It makes it a criminal offense to audio-record either private or public conversations without the consent of all parties, Mr. Schwartz said. Audio-recording a civilian without consent is a Class 4 felony, punishable by up to three years in prison for a first-time offense. A second offense is a Class 3 felony with a possible prison term of five years.

Although law-enforcement officials can legally record civilians in private or public, audio-recording a law-enforcement officer, state’s attorney, assistant state’s attorney, attorney general, assistant attorney general or judge in the performance of his or her duties is a Class 1 felony, punishable by up to 15 years in prison.

The A.C.L.U. filed its lawsuit after several people throughout Illinois were charged in recent years with eavesdropping for making audio recordings of public conversations with the police. The A.C.L.U. argued that the act violates the First Amendment and hinders citizens from monitoring the public behavior of police officers and other officials.

On Jan. 10, a federal judge in Chicago dismissed the suit for the second time. Mr. Schwartz said the A.C.L.U. would appeal. Andrew Conklin, a spokesman for Anita Alvarez, the Cook County state’s attorney, said, “We did feel the A.C.L.U.’s claims were baseless and we’re glad the court agreed with us.” Beyond that statement, Mr. Conklin said, “we have no comment because we have these two cases pending.”

(click to continue reading Eavesdropping Laws Mean That Turning On an Audio Recorder Could Send You to Prison – NYTimes.com.)

 

Republican Spending Cut Proposal

When First Into This Country

Some more specifics on the proposed Republican slice and dice we mentioned yesterday.

The Republicans’ blustery budget-slicing rhetoric that marred the midterm elections has finally come to pass — only, when you break it down, it kind of looks like they have no idea what they’re doing. The Republican Study Committee announced its plan yesterday to cut spending to the tune of $2.5 trillion over the course of ten years. While that number will certainly resonate with their base, the problem is they don’t specify how they’ll do that. The specific programs and allocations they wish to gut only amount to $330 billion, with the rest of the cuts coming from “discretionary spending limits through 2021 at 2006 levels on the non-defense portion of the discretionary budget.” This is, as the Wonk Room put it, “hand-waving” that, in practice, would result in huge cuts to popular programs like Pell Grants, the National Park Service, the Coast Guard and more.

However, the cuts they do have specified aren’t exactly programs we’ll easily take on the chin. Predictably, they want to sever huge numbers from the budgets of programs for the arts, including $445 million from the Corporation for Public Broadcasting and $167.5 million from the NEA. Further, the federal workforce, high speed rail grants and DC’s transit authority (the Metro), healthcare administrative costs and more. Not on the table, predictably, is the defense budget, which is a gusher of money that most members of the GOP refuse to cauterize

(click to continue reading GOP Introduces Insane $2.5 Trillion Budget Cut Proposal, But Stumbles and Mocks Specifics | AlterNet.)

and

So what we have here, in essence, is a document concluding that $330 billion in specific cuts plus some hand-waving equals $2.5 trillion. It’s the underpants gnome theory of federal budgeting.

What the GOP leaves out is the real consequence of reducing all non-defense discretionary spending to the 2006 level. Such a cut would mean significant reductions in Pell Grants, federal highway funding, the National Park Service, federal education funding, cancer research, Immigration and Customs Enforcement, the Drug Enforcement Administration, the FBI, the Coast Guard, and the Secret Service. Here are some specifics*:

  • Pell Grants: About $14.9 billion in cuts
  • National Park Service: $600 million
  • Immigration and Customs Enforcement: $2.9 billion
  • Secret Service: $300 million
  • Coast Guard: $2.6 billion.
  • National Institutes of Health: $5 billion
  • Federal Prison System: $1.5 billion.

Every dollar that is preserved in those programs and agencies means that a deeper cut has to be made somewhere else. The RSC also left the defense budget completely off the table.

(click to continue reading Wonk Room » What The Republican Study Committee Didn’t Say In Its Spending Cut Proposal.)

Republicans hate America, in other words, and want it to turn into a banana Republic as soon as possible.

And from Kate Sheppard of Mother Jones:

Rep. Jim Jordan (R-Ohio)’s Republican Study Committee on Thursday released a list of programs they’d like to see cut as part of the Spending Reduction Act of 2011. Clean energy, efficiency, rail, and climate programs were all atop the two-page list of cuts, reaffirming the fact that when Republicans say they want an “all of the above” energy plan, they really mean just coal, oil, gas, and sometimes nuclear.

On the cutting room floor, if the committee gets its way: the Applied Research program at the Department of Energy, Amtrak, and the Washington Metro, among other programs that help reduce energy use and develop new technologies.…

  • Energy Star Program. $52 million a year.
  • Intercity and High Speed Rail Grants. $2.5 billion a year.
  • Department of Energy Grants to States for Weatherization. $530 million annual savings.
  • Amtrak Subsidies. $1.565 billion annual savings.
  • Technology Innovation Program. $70 million annual savings.
  • Applied Research at Department of Energy. $1.27 billion annual savings.
  • New Starts Transit. $2 billion annual savings.
  • FreedomCAR and Fuel Partnership. $200 million annual savings.
  • Subsidy for Washington Metropolitan Area Transit Authority. $150 million annual savings.
  • Eliminate the National Organic Certification Cost-Share Program. $56.2 million annual savings.

Most of these are small changes in the grand scheme of things the federal government spends money on. Notably the list doesn’t include cuts to defense or, more pertinent to the energy conversation, cuts to our investment in highways. And our research and development expenditures for energy are already paltry compared to other federal programs.

(click to continue reading Republicans Target Energy Spending | Mother Jones.)

House GOP Slicing Federal Budget

Variations on a Theme

I haven’t read the bill, and of course, it probably won’t be passed in quite this form, but why is defense spending not part of the budget cuts? There is zero money for Amtrak, zero. Assholes.

Rep. Jim Jordan of Ohio, the chairman of the Republican Study Committee, will unveil the bill in a speech at the Heritage Foundation on Thursday morning.

Jordan’s bill, which will have a companion bill introduced in the Senate by Sen. Jim DeMint, South Carolina Republican, would impose deep and broad cuts across the federal government. It includes both budget-wide cuts on non-defense discretionary spending back to 2006 levels and proposes the elimination or drastic reduction of more than 50 government programs.

Jordan’s “Spending Reduction Act” would eliminate such things as the U.S. Agency for International Development and its $1.39 billion annual budget, the $445 million annual subsidy for the Corporation for Public Broadcasting, the $1.5 billion annual subsidy for Amtrak, $2.5 billion in high speed rail grants, the $150 million subsidy for the Washington Metropolitan Area Transit Authority, and it would cut in half to $7.5 billion the federal travel budget.

But the program eliminations and reductions would account for only $330 billion of the $2.5 trillion in cuts. The bulk of the cuts would come from returning non-defense discretionary spending – which is currently $670 billion out of a $3.8 trillion budget for the 2011 fiscal year – to the 2006 level of $496.7 billion, through 2021.

Other cuts in the Jordan proposal include putting the $45 billion remaining in the stimulus toward deficit reduction, eliminating federal control of mortgage giants Fannie Mae and Freddie Mac to the tune of $30 billion in savings, and clawing back $16 billion currently scheduled to go toward helping state governments pay for Medicaid recipients.

There are clear cut significant costs to such a proposal. Getting rid of the $6 billion or so in stimulus that is reserved for state governments in the upcoming fiscal year, along with the $16 billion in state Medicaid payments, would compound what is already set to be the worst year of fiscal problems yet in this economic downturn for state governments. They face their biggest deficits of the recession already because stimulus money has for the most part run out, and are in the process now of figuring out what services they will have to cut.

But Jordan said Wednesday that the nation must endure short term pain of its own choosing to avoid long term pain that it is far more serious and beyond its control.

(click to continue reading House GOP conservatives set to unveil $2.5 trillion in deep spending cuts | The Daily Caller – Breaking News, Opinion, Research, and Entertainment.)

So America, are you ready for some pain? Get ready as your newly elected Rethuglicans gut every domestic program in their quest to return us to the Robber Baron era. You know, child labor, no pollution controls, mandatory 70 hour work weeks, etc. A good time to be a banker, an insurance CEO, or an industrialist, not so good for the rest of us.

Coal Tar Toxic, EPA Indifferent

Everything Is Political

If only there was some regulatory agency that protected the interests of people and the environment…

Michael Hawthorne of the Trib writes:

If a company dumped the black goop behind a factory, it would violate all sorts of environmental laws and face an expensive hazardous-waste cleanup.

But playgrounds, parking lots and driveways in many communities are coated every spring and summer with coal tar, a toxic byproduct of steelmaking that contains high levels of chemicals linked to cancer and other health problems.

Nearly two decades after industry pressured the U.S. Environmental Protection Agency to exempt coal tar-based pavement sealants from anti-pollution laws, a growing number of government and academic studies are questioning the safety of the widely used products. Research shows that the tar steadily wears off and crumbles into contaminated dust that is tracked into houses and washed into lakes.

In Lake in the Hills, a fast-growing McHenry County suburb about 50 miles northwest of Chicago, researchers from the U.S. Geological Survey found that driveway dust was contaminated with extremely high levels of benzo(a)pyrene, one of the most toxic chemicals in coal tar. The amount was 5,300 times higher than the level that triggers an EPA Superfund cleanup at polluted industrial sites.

(click to continue reading New doubts cast on safety of common driveway sealant – Chicago Tribune.)

…because profits for industry always seem to trump petty health concerns as far as the EPA is concerned:

Despite the EPA’s long-standing worries about the chemicals, industry successfully lobbied to exempt coal tar pavement sealants when the agency tightened hazardous-waste rules for coke ovens during the early 1990s. The little-noticed change made it easier for manufacturers to keep selling the products, which can contain as much as 30 percent coal tar by weight.

Agency spokesmen declined to make anyone available to discuss the exemption, but said in a statement there are no plans to revise it. “EPA regulations allow for the legitimate recycling of coal tar under certain specified parameters,” the statement said.

Scientists started to track the movement of coal tar sealants into homes and lakes about a decade ago, after pinpointing the source of alarmingly high levels of PAHs in Barton Springs, a popular swimming hole in Austin, the Texas capital. Tom Bashara, an environmental investigator, noticed that pollution hotspots in a creek flowing into the pool were near parking lots coated with coal tar.

In Austin, the scientists also found that dust inside apartments next to parking lots coated with coal tar was 25 times more contaminated than the dust in units next to lots coated with asphalt or left unsealed. Young children could be the most vulnerable to exposure, the researchers concluded, because they play on or near floors where dust collects.

Sick kids? Who cares? Got to ensure quarterly profit margins increase…

Side note, home testing sounds fairly easy:

Q. Is there a test to check if I have coal tar sealant on my driveway?

A. A definitive test is expensive, but officials in Austin, Texas, came up with an alternative. Use a screwdriver or razor blade to scrape off a small amount of pavement sealant and place it in a glass vial filled with mineral spirits. Seal the vial, shake it and allow it to sit for 30 minutes. If the liquid is dark and coffee-colored, the sealant likely is asphalt-based. If it looks like amber-colored tea and remains more clear, assume it’s coal tar-based.

The only definitive way to tell is by checking the CAS number on the product’s material safety data sheet, usually available online or from contractors. The CAS number for coal tar is 65996-93-2.