Showing posts with label John McCain. Show all posts
Showing posts with label John McCain. Show all posts

September 26, 2008

Economists To Nancy Pelosi: Don’t Rush Wall Street Bailout

Posted: 25 Sep 2008 07:00 AM CDT


As Barney Frank announces that he’s pulled together a deal that will get the votes needed to pass through Congress, economists from some of the top schools in the country ask, “What’s the hurry?”:

To the Speaker of the House of Representatives and the President pro tempore of the Senate:

As economists, we want to express to Congress our great concern for the plan proposed by Treasury Secretary Paulson to deal with the financial crisis. We are well aware of the difficulty of the current financial situation and we agree with the need for bold action to ensure that the financial system continues to function. We see three fatal pitfalls in the currently proposed plan:

1) Its fairness. The plan is a subsidy to investors at taxpayers’ expense. Investors who took risks to earn profits must also bear the losses. Not every business failure carries systemic risk. The government can ensure a well-functioning financial industry, able to make new loans to creditworthy borrowers, without bailing out particular investors and institutions whose choices proved unwise.

2) Its ambiguity. Neither the mission of the new agency nor its oversight are clear. If taxpayers are to buy illiquid and opaque assets from troubled sellers, the terms, occasions, and methods of such purchases must be crystal clear ahead of time and carefully monitored afterwards.

3) Its long-term effects. If the plan is enacted, its effects will be with us for a generation. For all their recent troubles, America’s dynamic and innovative private capital markets have brought the nation unparalleled prosperity. Fundamentally weakening those markets in order to calm short-run disruptions is desperately short-sighted.

For these reasons we ask Congress not to rush, to hold appropriate hearings, and to carefully consider the right course of action, and to wisely determine the future of the financial industry and the U.S. economy for years to come.

As the Wall Street meltdown causes John McCain to throw in the towel and George Bush attempts to pull off the biggest heist in history, it’s becoming clear that pushing any bailout legislation too far, too fast, could be a total disaster for our country. The Democrats need to listen to people who really know economics, keep a tight leash on Henry Paulson and Ben Bernanke, say no to Disaster Capitalism and take the time to get this right the first time.

The list of economists who signed the letter is below the fold.

Signed (updated 9/24/2008 10:30AM CT)

Acemoglu Daron (Massachussets Institute of Technology)
Adler Michael (Columbia University)
Admati Anat R. (Stanford University)
Alvarez Fernando (University of Chicago)
Andersen Torben (Northwestern University)
Barankay Iwan (University of Pennsylvania)
Barry Brian (University of Chicago)
Beim David (Columbia University)
Berk Jonathan (Stanford University)
Bisin Alberto (New York University)
Bittlingmayer George (University of Kansas)
Boldrin Michele (Washington University)
Brooks Taggert J. (University of Wisconsin)
Brynjolfsson Erik (Massachusetts Institute of Technology)
Buera Francisco J.(UCLA)
Carroll Christopher (Johns Hopkins University)
Cassar Gavin (University of Pennsylvania)
Chaney Thomas (University of Chicago)
Chari Varadarajan V. (University of Minnesota)
Chauvin Keith W. (University of Kansas)
Chintagunta Pradeep K. (University of Chicago)
Christiano Lawrence J. (Northwestern University)
Cochrane John (University of Chicago)
Coleman John (Duke University)
Constantinides George M. (University of Chicago)
Crain Robert (UC Berkeley)
Culp Christopher (University of Chicago)
De Marzo Peter (Stanford University)
Dubé Jean-Pierre H. (University of Chicago)
Edlin Aaron (UC Berkeley)
Eichenbaum Martin (Northwestern University)
Ely Jeffrey (Northwestern University)
Eraslan Hülya K. K.(Johns Hopkins University)
Faulhaber Gerald (University of Pennsylvania)
Feldmann Sven (University of Melbourne)
Fernandez-Villaverde Jesus (University of Pennsylvania)
Fox Jeremy T. (University of Chicago)
Frank Murray Z.(University of Minnesota)
Fuchs William (University of Chicago)
Fudenberg Drew (Harvard University)
Gabaix Xavier (New York University)
Gao Paul (Notre Dame University)
Garicano Luis (University of Chicago)
Gerakos Joseph J. (University of Chicago)
Gibbs Michael (University of Chicago)
Goettler Ron (University of Chicago)
Goldin Claudia (Harvard University)
Gordon Robert J. (Northwestern University)
Guadalupe Maria (Columbia University)
Hagerty Kathleen (Northwestern University)
Hamada Robert S. (University of Chicago)
Hansen Lars (University of Chicago)
Harris Milton (University of Chicago)
Hart Oliver (Harvard University)
Hazlett Thomas W. (George Mason University)
Heaton John (University of Chicago)
Heckman James (University of Chicago - Nobel Laureate)
Henderson David R. (Hoover Institution)
Henisz, Witold (University of Pennsylvania)
Hertzberg Andrew (Columbia University)
Hite Gailen (Columbia University)
Hitsch Günter J. (University of Chicago)
Hodrick Robert J. (Columbia University)
Hopenhayn Hugo (UCLA)
Hurst Erik (University of Chicago)
Imrohoroglu Ayse (University of Southern California)
Israel Ronen (London Business School)
Jaffee Dwight M. (UC Berkeley)
Jagannathan Ravi (Northwestern University)
Jenter Dirk (Stanford University)
Jones Charles M. (Columbia Business School)
Kaboski Joseph P. (Ohio State University)
Kaplan Ethan (Stockholm University)
Karolyi, Andrew (Ohio State University)
Kashyap Anil (University of Chicago)
Keim Donald B (University of Pennsylvania)
Ketkar Suhas L (Vanderbilt University)
Kiesling Lynne (Northwestern University)
Klenow Pete (Stanford University)
Koch Paul (University of Kansas)
Kocherlakota Narayana (University of Minnesota)
Koijen Ralph S.J. (University of Chicago)
Kondo Jiro (Northwestern University)
Korteweg Arthur (Stanford University)
Kortum Samuel (University of Chicago)
Krueger Dirk (University of Pennsylvania)
Ledesma Patricia (Northwestern University)
Lee Lung-fei (Ohio State University)
Leuz Christian (University of Chicago)
Levine David I.(UC Berkeley)
Levine David K.(Washington University)
Linnainmaa Juhani (University of Chicago)
Lucas Robert (University of Chicago - Nobel Laureate)
Luttmer Erzo G.J. (University of Minnesota)
Manski Charles F. (Northwestern University)
Martin Ian (Stanford University)
Mayer Christopher (Columbia University)
Mazzeo Michael (Northwestern University)
McDonald Robert (Northwestern University)
Meadow Scott F. (University of Chicago)
Mehra Rajnish (UC Santa Barbara)
Mian Atif (University of Chicago)
Middlebrook Art (University of Chicago)
Miguel Edward (UC Berkeley)
Miravete Eugenio J. (University of Texas at Austin)
Miron Jeffrey (Harvard University)
Moretti Enrico (UC Berkeley)
Moriguchi Chiaki (Northwestern University)
Moro Andrea (Vanderbilt University)
Morse Adair (University of Chicago)
Mortensen Dale T. (Northwestern University)
Mortimer Julie Holland (Harvard University)
Muralidharan Karthik (UC San Diego)
Nevo Aviv (Northwestern University)
Ohanian Lee (UCLA)
Pagliari Joseph (University of Chicago)
Papanikolaou Dimitris (Northwestern University)
Paul Evans (Ohio State University)
Peltzman Sam (University of Chicago)
Perri Fabrizio (University of Minnesota)
Phelan Christopher (University of Minnesota)
Piazzesi Monika (Stanford University)
Piskorski Tomasz (Columbia University)
Rampini Adriano (Duke University)
Reagan Patricia (Ohio State University)
Reich Michael (UC Berkeley)
Reuben Ernesto (Northwestern University)
Roberts Michael (University of Pennsylvania)
Rogers Michele (Northwestern University)
Rotella Elyce (Indiana University)
Ruud Paul (Vassar College)
Safford Sean (University of Chicago)
Sandbu Martin E. (University of Pennsylvania)
Sapienza Paola (Northwestern University)
Savor Pavel (University of Pennsylvania)
Scharfstein David (Harvard University)
Seim Katja (University of Pennsylvania)
Shang-Jin Wei (Columbia University)
Shimer Robert (University of Chicago)
Shore Stephen H. (Johns Hopkins University)
Siegel Ron (Northwestern University)
Smith David C. (University of Virginia)
Smith Vernon L.(Chapman University- Nobel Laureate)
Sorensen Morten (Columbia University)
Spiegel Matthew (Yale University)
Stevenson Betsey (University of Pennsylvania)
Stokey Nancy (University of Chicago)
Strahan Philip (Boston College)
Strebulaev Ilya (Stanford University)
Sufi Amir (University of Chicago)
Tabarrok Alex (George Mason University)
Taylor Alan M. (UC Davis)
Thompson Tim (Northwestern University)
Tschoegl Adrian E. (University of Pennsylvania)
Uhlig Harald (University of Chicago)
Ulrich, Maxim (Columbia University)
Van Buskirk Andrew (University of Chicago)
Veronesi Pietro (University of Chicago)
Vissing-Jorgensen Annette (Northwestern University)
Wacziarg Romain (UCLA)
Weill Pierre-Olivier (UCLA)
Williamson Samuel H. (Miami University)
Witte Mark (Northwestern University)
Wolfers Justin (University of Pennsylvania)
Woutersen Tiemen (Johns Hopkins University)
Zingales Luigi (University of Chicago)

September 23, 2008

MUST READ !! Webster Tarpley on the Bailout (and the jackals bringing you The Plan hahahaha)

NO To The Paulson-Bernanke
Derivatives Scam Bailout
Bail Out the American People, Not Wall Street!
An Economic Recovery Strategy for Protectionists,
Dirigists, Mercantilists, and Populists

By Webster G. Tarpley
9-23-8

WASHINGTON DC -- The grand theft bailout now being rammed through Congress by Treasury Secretary Paulson, Federal Reserve Chairman Bernanke, and other officials of the Bush regime with the help of accomplices Pelosi, Majority Leader Harry Reid, and other parliamentarians is a monstrosity for the ages, combining every hideous feature of monetarism, elitism, oligarchism, and sheer feckless incompetence. It is to all intents and purposes a national suicide note of the United States of America, a contract with the devil that absolutely guarantees irrevocable national decline. For any person of goodwill there can be only one impulse at the present moment, and that is to stop this bailout -- to block it, to sabotage it, to bottle it up, to load it with killer amendments, and to do everything legally possible to stop this insane design from going through.

IF MCCAIN VOTES AGAINST THE BAILOUT, HE WILL WIN THE PRESIDENCY

In political terms, McCain is now running well to the left of Obama on this issue, with a much stronger populist profile. McCain has attacked the outrageous greed and corruption of Wall Street. Obama does not dare attack Wall Street, since these are his masters. Obama, sounding like Milton Friedman, only attacks Washington. Obama has said that he will support whatever Paulson demands. That is not a surprise, since Paulson represents Goldman Sachs, and Obama is a wholly owned property of Goldman Sachs, which is his single biggest source of campaign contributions. Obama is a creature of Brzezinski, Soros, and Rockefeller, and without them he has no existence; Obama is an abject Wall Street puppet, an agent of finance capital. This week, both senators will have to decide how they vote on the odious derivatives bailout. Obama will surely vote in favor of it, since this is what Wall Street demands. If McCain votes against it, he will most probably propel himself into the White House on the model of Give 'Em Hell Harry in 1948. Filthy corrupt Democrats like Schumer are already attacking McCain as the new Huey Long. Huey Long, the Louisiana populist of the 1930s, had many positive features, and we could certainly use a good dose of Huey Long in this country to counteract the elitism, oligarchism, condescension, and arrogant snobbery of foundation operatives like Obama. The bailout is already very unpopular ­ 72% of all voters are opposed to it ­ and it will become more and more hated when it becomes clear that it is also a failure. McCain's course is clear. Will he have the brains and guts to cross Obama's T on this vital issue?

PAULSON OF GOLDMAN SACHS, WOULD-BE FINANCE DICTATOR

Paulson is a ruthless and brutal eco-freak usurer who learned his trade at the Goldman Sachs stock-jobbing operation. He is now the leading member of the committee of public safety which rules in Washington, and which includes Gates, Rice, and Mullen. He now demands the astronomical sum of 700 billion dollars for the bailout of mortgage-backed derivatives, collateralized debt obligations, credit default swaps, and other poisonous derivatives. Make no mistake -- this is not a bailout of homeowners who are threatened with foreclosure; it is a bailout of the lunatic house of cards which desperate bankers have built on these mortgages using derivatives. The entire crisis is not a crisis of subprime mortgages, it is a crisis of the derivatives bubble which was launched by Wendy Gramm of the Commodities Futures Trading Commission and Greenspan of the Fed with the connivance of Robert Rubin of Goldman Sachs and Citibank, and others in the Clinton administration, some 15 years ago.

These derivatives now amount to a total worldwide notional value that can be estimated between 1 quadrillion and two quadrillion US dollars. [!!!!!!!!!!!] This sum is so large that it dwarfs the total value of the entire planet earth and all those who live here. Compared to the cancerous, bloated, and fictitious mass of derivatives which is at the root of this crisis, the $700 billion demanded by politicians, large as this may seem, is nothing but a drop in the bucket. And a drop in the bailout bucket is what it will be. The mass of world derivatives between $1 and $2 quadrillion represents an insatiable black hole which is capable of putting an end, not just to civilization, but the human life itself. The moral choice could not be clearer: humanity will either destroy the derivatives bubble in our time, or the derivatives bubble will surely destroy humanity. Those are the stakes in the current exercise.

Paulson and Bernanke, both lawyers for the Wall Street jackals, lampreys, vultures and hyenas, argue that the public interest demands a bailout of their cronies at Goldman Sachs, Morgan Stanley, J.P. Morgan Chase, Citibank, Bank of America, Wachovia, and the other large money center institutions. Before the American public antes up $700 billion just for openers in the game of genocidal poker which run by the infernal croupiers Paulson and Bernanke, we would be very well advised to examine the veracity of this premise.

COMMERCIAL BANKS ARE INDISPENSABLE

It is of course true that the healthy functioning of the United States economy requires a viable and flexible system of commercial banks. No one should doubt the necessity of commercial banks.

Andrew Jackson was clinically insane on this point, and he still has not a few followers around today. But it ought to be clear that without the services of a well developed commercial banking system, it is impossible to organize business activities as essential as payments, deposits, checking, payrolls, and the discounting of short-term commercial paper, bills of exchange, bills of lading, and all the credit instruments that are intimately connected with real productive activity. Without a functioning commercial banking system, the economic heart of the United States would stop beating, as it briefly did at the end of the Hoover administration in March of 1933. Without commercial banks, no wheel of a factory or railroad can turn, and no commodities can move to show up in supermarkets.

JPM, CITI, BoA ARE DERIVATIVES MONSTERS, NOT COMMERCIAL BANKS

But when we look at institutions like J.P. Morgan Chase, Citibank, and Bank of America, we become aware that these large money center institutions have become detached from any conceivable connection to the world of production, wages, transportation, and all other useful and productive activities. These institutions are not commercial banks any more in any meaningful sense of the term. Ten years ago, in the midst of the Asian financial crisis and the aftermath of the Russian GKO state bankruptcy collapse, the boss of JP Morgan Chase went on television to announce that his bank was specialized in the "risk business." The risk business meant that JP Morgan Chase, had simply given up on the traditional activity of commercial banks, which was primarily to provide loans to corporations for productive investment in plant and equipment that would also create well-paid industrial jobs. J.P. Morgan Chase decided long ago that that activity was nowhere near profitable enough to be continued.

Instead, J.P. Morgan Chase devoted itself more and more to the issuance, sale, and purchase of derivatives. As early as 1992, the best definition of J.P. Morgan Chase was that it was no longer a commercial bank but rather a derivatives monster. In 2002, the J.P. Morgan Chase derivatives monster came very close to imploding, collapsing in on itself like the hopeless black hole that it still remains to the present day. According to the most recent report of the Comptroller of the Curreny of the US Treasury dated September 30, 2007, JP Morgan Chase today has between $90 trillion and $100 trillion of derivatives. In reality this is a very low-ball estimate, and the real derivatives exposure is some multiple of this figure ­ perhaps $300 or $400 trillion, especially now that Bear Stearns, a smaller black hole of derivatives has been absorbed. But even a mere $90 trillion is already six times the US GDP (currently estimated between $14 and $15 trillion).

DERIVATIVES ARE FINANCIAL AIDS

The question of the derivatives is once again the central issue of the crisis. Most people may not even know what derivatives are, although by now many have some idea that they are dangerous and toxic. French President Jacques Chirac once defined derivatives as financial aids, and he was right. A share of stock supposedly represents part ownership in a corporation. A corporate bond is a debt instrument issued by a corporation, with some claim to a part of the assets in case of bankruptcy liquidation. That means that the stocks and bonds are paper, but paper that is at only one remove from the real world of production, consumption, employment, and wages. The derivative is something radically different.

A derivative represents paper based on paper, no longer a stock or bond, but a future, option, or index that is based on some stock, bond, or other form of paper. Derivatives are therefore at least one step further removed from the world of tangible physical commodity production of useful items which humanity requires in order to survive and to conduct civilization as we know it. In addition to the options, futures, and indices, we have all the possible permutations and combinations of the above, with new variations that are almost infinite. Even to catalogue these would take a book. In addition to these exchange traded derivatives, there is a much larger class of derivative which does not appear on the Chicago Board Options Exchange or analogous institutions in all the money centers of the world. The second and larger class represents the counterparty derivatives, including such things as collateralized debt obligations, mortgage backed securities, structured notes, credit default swaps, and the myriad of other derivative products.

These derivatives were originally supposed to be used as a hedge against risk, but before too long they began to represent the biggest single source of risk and the entire lunatic edifice would finance. By now, to repeat this point yet again, the total world derivatives of in excess of one quadrillion dollars -- that is to say, 1000 billion dollars, and may be already approaching the neighborhood of $1.5 quadrillion or even more. One of the inherent problems of derivatives is that nobody knows this exact figure, since derivatives are not reportable in many countries and tend to escape regulation by the proper financial authorities.

DERIVATIVES ARE USELESS AND A THREAT TO CIVILIZATION

You cannot eat derivatives. You cannot live in a derivative. You cannot wear derivatives as clothing, nor can you drive a derivative work. You cannot sail in them or fly in them. They cannot be used as tools of any useful trade. They are not computers, not machine tools, not pharmaceutical equipment, not agricultural implements.

Derivatives are therefore totally outside the realm of capital goods production needs, no matter how these may be defined.

FOR RECOVERY, WIPE OUT, SHRED, DELETE ALL DERIVATIVES

J.P. Morgan Chase, therefore, performs no useful or productive social function, and there is absolutely no reason in the world why the people of the United States should want to bail out this pernicious and socially destructive institution. It has probably been several decades since J.P. Morgan Chase created a single modern productive job. J.P. Morgan Chase's strategic commitment in favor of the derivatives bubble means essentially that we can easily dispense with most of the functions of this self-styled "bank," really a casino. Instead of being bailed out, J.P. Morgan Chase ought therefore to be seized by the Federal Deposit Insurance Corporation, and put through chapter 11 bankruptcy. In the course of that bankruptcy reorganization, the entire derivatives book of J.P. Morgan Chase must be deleted, shredded, used as a Yule log, or employed to stoke a festive bonfire of the derivatives. The world did much better when there were no derivatives, and will get along just fine without them.

Derivatives were of very dubious legality in general and were illegal in some of their specific forms until the mid-1990s.

INSTRUMENTS MEANS DERIVATIVES

According to Paulson's pact with the devil published in the New York Times on September 20, 2008, the Secretary of the Treasury is supposed to be empowered by Congress to spend $700 billion on mortgage related securities, obligations, and instruments. That last word instruments is the favorite euphemism of television commentators and journalists who want to propose a derivatives bailout without using this word, which has now become to some degree unmentionable and taboo, presumably because of its highly negative connotations left over from the crises of more than a decade ago. Accordingly, one very good killer amendment that ought to be added to this pact with the devil should state that not one penny of taxpayer money should ever be used to finance the purchase of derivatives, no matter how they may be euphemistically referred to.

WHY BUY MORTGAGE BACKED SECURITIES THAT HAVE NO PRICE BID?

Paulson wants to buy up derivatives. But at what price? Derivatives have no intrinsic value. Like the rasbucknik in the old L'il Abner comic strip, derivatives have negative value, since somebody has to be paid to cart them away. Counterparty derivatives currently have no price, since there is no market where they are trading, and nobody would want to buy them if there were such a market. Collateralized debt obligations were selling at 5 cents on the dollar a few weeks ago, but that was well before the current crisis broke in its full fury. So how will Paulson know how much to pay for the derivatives he wants to purchase? Will he use the discredited Black-Sholes model, which led to the bankruptcy of the Long Term Capital Management hedge fund ten years ago? Given all this, the only price which can be assigned to the mass of derivatives is not their notional value, but rather a big fat ZERO. Anything else is stealing from the government.

"INVESTMENT BANKS" DRIVE UP THE PUMP PRICE OF GASOLINE

Let us now leave behind the category of the commercial banks and move on to institutions like Goldman Sachs and Morgan Stanley, the stock jobbing operations or counting houses that like to call themselves investment banks these days, even though they do not have the status of a commercial bank and are not members of the Federal Reserve. Why should any public money at all be used to prolong the noxious lives of these sociopathic and pernicious institutions? A short examination of what these so-called investment banks do will reveal that there is no public interest in keeping these creatures alive, and that, once again, touch better off without them.

Investment banks used to assist corporations and floating issues of stocks or bonds on the financial markets. Investment banks were supposed to function as the advisers of industrial corporations and other corporations as they sought to raise capital needed for new plant, equipment, and jobs. But today, these functions have virtually disappeared. The investment banks do a certain amount of work in initial public offerings for IPOs of new securities, but these are almost always of a financially speculative nature. The main thing is that investment banks now place bets on certain classes of assets in the hope of turning a purely speculative profit for themselves. Goldman Sachs and Morgan Stanley maintain trading desks and engage in purely speculative trading of assets which they themselves own, and most of the time these assets represent derivatives of one kind or another. In recent times, the most important asset class which Goldman Sachs and MorganStanley have been trading is probably future indices on commodities, especially oil. Goldman Sachs and Morgan Stanley between them have in the past year by various estimates accounted for about half of the speculative activity in the commodities markets of London, New York, and other money centers which brought about the doubling of the per barrel price of oil between July 2007 and July 2008, increasing the cost of gasoline to almost five dollars per gallon.

GOLDMAN SACHS, MORGAN STANLEY CREATE I.C.E. TO FLAY AMERICANS

In a very real sense, American motorists filling their gas tanks at the pump at exorbitant prices have been involuntarily subsidizing the speculative derivatives activity of Goldman Sachs and Morgan Stanley. [absolutely true! This is a hidden tax that discriminates against the poor and working class!] How bitterly ironic that the same American motorists should now be taxed in order to permit their tormentors to live on and to continue to mercilessly loot them. Goldman Sachs and Morgan Stanley found that even the very weak regulatory regime maintained here in the United States under the auspices of the Commodity Futures Trading Commission was too onerous for them because it slightly constrained their rapacious quest for speculative profits at the expense of the American people. These two investment banks therefore created a new speculative commodity exchange, the ICE or Intercontinental Exchange located in London, with a regulatory regime is virtually nonexistent. The ICE or Intercontinental Exchange in London is where about half of the world
futures contracts in oil have been trading in recent months.

Goldman Sachs and Morgan Stanley, like their now-defunct brethren Bear Stearns, Lehman Brothers, and Merrill Lynch, have also made many speculative investments in the area of mortgage backed securities based on predatory subprime mortgages. The adjustable rate mortgages that underlie these derivatives should have been declared illegal long ago. But now let us imagine what will happen if a hapless victim of these predatory lending practices is forced into foreclosure in the current world economic great depression.

Goldman Sachs will send the bailiff to your door to throw you, your family, and your belongings out on the street, even though you have been taxed to permit Goldman Sachs to continue its sociopathic existence. You will in effect be robbed out of one pocket even as you are being pushed out the door and made homeless by the same institution which has been the beneficiary of your forced charity.

Surely any politician daring to come forward to suggest the public bailout of Goldman Sachs so that it can continue to enforce foreclosures against the American citizens who are paying the bill for the financial excesses of this bandit institution ought to be tarred and feathered and run out of town on a rail. Yet this is exactly what Pelosi, Reid, Dodd, and Frank are proposing to force through the U.S. Congress in the coming week. This represents a new low in public morality.

With Fannie Mae and Freddie Mac, the situation is slightly different, but the same criteria ought to apply. Fanny and Freddie worked very well during the three decades after the formation of Fannie Mae in 1938 as an agency of the federal government -- a hillbilly cousin of the US treasury, as it used to be called.

Things began to go wrong in 1968 when Fannie Mae was privatized, under the pernicious influence of the doctrines of the monetarist Milton Friedman of the infamous Chicago school of pseudo-economics and obscurantism. Fanny and Freddie have now been placed under the control of conservators, but they ought to be nationalized as part of a permanent state sector of the US economy, and operated as the public utility that they were intended to be. The salaries of their officials ought to be determined by the government-wide GSA schedule. Fannie and Freddie have guaranteed mortgages, and ought to continue to do so. But they have no obligation to guarantee mortgage backed securities or any other form of newfangled derivatives which were never mentioned in their charter.

Accordingly, Fannie and Freddie thought to strip away the mortgage backed securities that have been used to package or bundle the mortgages that they now hold. The mortgages represent a valuable asset for the future, under conditions of economic recovery which we intend to organize. But that extra layer of derivatives paper represents a useless additional tax on the public treasury, which the US government has no obligation to maintain. In short, it is time to separate the socially useful core of actual mortgages representing residential and commercial properties from the harmful and speculative overlay of the mortgage-backed security. By this kind of financial engineering, speculators can receive condign punishment, even as the public treasury is believed of an extra layer useless payment which would only reward speculative crimes.

If anyone should inquire as to the ultimate philosophical causes of the current George Bush world economic depression, the answer is simple: this depression is a direct result of the influence of Milton Friedman and the Chicago school, who are themselves to kind of come down American version of the Viennese school of Friedrich von Hayek. Ludwig von Mises, and other charlatans masquerading as economists. The common denominator of the Chicago school is the Vienna school which is represented by the right-wing anarchist thesis that government is always bad and the private sector, especially speculators, are always good. This absurd thesis is now being consigned to the dustbin of history. Friedman and von Hayek, if they were alive today, would doubtless demand the full fury of the free market the unleashed against the American people. This would lead, not to a recovery, but merely to death on a large scale.

The implications of the Chicago school and the Vienna school under current circumstances are nothing short of genocidal, and even the financiers are hastily dumping the discredited doctrines of Friedman and from Hayek as they rush to get their hands into the public till through bigger and better bailouts in an endless series. There is nothing anywhere in the world left today that might resemble a free market, only an endless list of cartels, trusts, monopolies, oligopolies, duopolies, and other conspiracies in restraint of trade. In fact, there has been nothing even vaguely resembling a free market in most of the world in the past several centuries. What is collapsing today in September 2008 is the delusion that such a thing as a free market might exist in the modern world.

The same negative judgment applies to the lunatic doctrines of Joseph Schumpeter, who preached the madness of creative destruction as a way out of the world economic depression of the 1930s.

Schumpeter's doctrines today are nothing less than a public menace, and persons who demand a deflationary crash of the world economy by preaching the Andrew Mellon formula of liquidating labor, liquidating stocks, liquidating bonds, liquidating real estate, etc., are to be put in a padded cell. This is even worse than Herbert Hoover. It was tried in 1932-33, and it turned out to be a bottomless pit already then, so it does not need to be tried again.

BACK TO THE NEW DEAL: RESTORE THE GLASS-STEAGAL FIREWALL

Scribblers like Friedman and von Hayek were paid by finance oligarchs to wage a relentless war against that heritage of the Franklin D. Roosevelt New Deal, the set of policies which allowed humanity to survive the Great Depression of the 1930s. The current crisis would not have been possible in the present form if the institutional safeguards enacted during the New Deal had been left in place, as they should have been. These safeguards represent permanent features of civilization, and they need to be restored. The best example is the repeal of the Glass-Steagall Act under the Clinton administration in 1999. The Glass-Steagall Act was a classic piece of New Deal legislation which established that being a commercial bank and being a stockbroker are mutually exclusive activities that could not be legally combined in the same company.

Commercial banking was one thing, and stock brokerage was something completely separate. Naturally, the greedy financiers and their spokesmen clamored for the repeal of Glass-Steagall, and they finally got their wish. Now less than 10 years later all of the Wall Street banks, seemingly without notable exceptions, are bankrupt and insolvent institutions that cannot not survive without a massive infusion of taxpayer money. We need to restore Glass- Steagal, which will mean among other things that Goldman Sachs and Morgan Stanley will not be eligible to become bank holding companies after all. If you don't like your tax bill next year, you should thank Newt Gingrich and others who made it their business to destroy and roll back the achievements of the New Deal in the name of the despicable ideology of monetarism as preached by Friedman and von Hayek. Newt, by the way, is now calling for an immediate deflationary crash to find out what the real prices of housing might be. This is like doing experiments on your own flesh, and Newt should go to the funny farm.

BACK TO THE NEW DEAL: RESTORE THE UPTICK RULE

Another example is the uptick rule. This New Deal measure meant that it was illegal to sell a stock short if it were continuously in decline. The speculator had to wait until there was an uptick, meaning a trade in which the stock in question increased in price; only then could a short sale be carried out. Another piece of bitter irony inherent in the present crisis is that this uptick rule was abolished by the feckless and incompetent Chairman Cox of the Securities and Exchange Commission at the beginning of last summer, just in time for the explosion of the world credit crisis which has led to the current world economic depression. Incredibly enough, Chairman Cox of the SEC has been unable to pull himself together long enough to permanently re-impose the uptick rule.

Instead, he has drawn up a list of 799 financial institutions and banks whose stock will now be illegal to sell short for at least 10 days, although one suspects that this prohibition will be prolonged indefinitely. This crackpot expedient reveals the true nature of the current monetarist regime. Shorting and destroying General Motors, which actually produces something useful, is fine, but no shorting of JP Morgan Chase, which is a public menace that produces nothing but toxic paper. The long-term roots of the current crisis go back to August 15, 1971, when Nixon, Kissinger, Arthur Burns and George Shultz wantonly destroyed the Bretton Woods system of fixed currency parities, ushering in the new world of financial risk which is now collapsing around us.

NATIONALIZE THE FEDERAL RESERVE AS A BUREAU OF THE TREASURY

The present crisis ought to provide the death warrant for the failed Federal Reserve System. When the Fed was created back under Woodrow Wilson, its Rockefeller and Morgan sponsors promised that the Fed would protect us against all future financial panics. The Fed failed once in 1929-1933, and now it is failing again for a second time. The Fed is worthless as a firewall against depression. We must therefore seize the Fed, audit it, nationalize it, and operate it in the future as a bureau of the US Treasury. From now on, we must go back to the Constitution, meaning that the size of the money supply and short-term interest rates will have to be determined by public laws of the United States, passed by the House and the Senate and signed by the president. Using this method, we can mandate new initial credit issues of $1 to $2 trillion to be used exclusively as low interest (.5% to 1%) and long-term (30 to 40 year maturities) credit for productive purposes only ­ manufacturing, farming, mining, commerce, energy production, infrastructure, and the other things we need. We should stop having the Fed lend money to Citibank at 2% and then having the Treasury borrow that same money back for 4% to 5% in the form of Treasury paper. Nationalize the Fed, and let the Treasury finance itself, cutting out the parasitical middlemen like JP Morgan Chase, Goldman, Citibank, and the rest. The taxpayers will be the big winners.

HOOVER'S RECONSTRUCTION FINANCE CORPORATION WAS A FAILURE

The Paulson-Bernanke $700 billion is roughly comparable (factoring in about 2000% inflation from 1932 to 2008) to the Herbert Hoover Reconstruction Finance Corporation, which started with $2 billion real 1932 dollars, but failed because it tried to prop up insolvent banks and shore up collapsing financial values. Under FDR, the RFC was put under Jesse Jones, who used it to create real plant and equipment with great success. Under Jones, the RFC contributed decisively to US economic recovery by building up the Metals Reserve Company, the Rubber Reserve Company, the Defense Plant Corporation, the Defense Supplies Corporation, the War Damage Corporation, the U.S. Commercial Company, the Rubber Development Corporation, and the Petroleum Reserve Corporation. In other words, the RFC under Jones rebuilt the industrial infrastructure which we have been using down to the present day. Most of these investments represented added physical commodity production.

Today, this could be repeated to produce infrastructure and energy plants for civilian use.

CLEARING THE DECKS FOR WORLD ECONOMIC RECOVERY

It is time to forget about paper and the price of paper, and to concentrate on production ­ securing the tangible physical commodities and hard commodity production which are necessary for human life and civilization. It is impossible to prop up financial values in a panic, and it is foolish to try. To secure a decent future, we must now enact the following measures. Any of these points, all of which seek to defend the general welfare and the public interest, can and should be used as killer amendments to be attached to the current bailout monstrosity as a means of bringing it down.

Stop all foreclosures on homes, farms, businesses, factories, mines, transport systems, for a period of at least five years or for the duration of the present world economic depression, whichever takes longer. If you throw a family out of their home or shut down a family farm, taxicab company, trucking firm, ferry, airline, railroad, or factory of any kind because of debt, you will be on your way to Leavenworth. All politicians now say that we have to keep families in their homes. Excellent! A uniform federal law with real teeth is the way to do it.

Seize bankrupt banks and financial institutions. Put them through Chapter XI bankruptcy, and cancel the hopelessly unpayable parts of their debts, starting with their derivatives book.

Wipe out all derivatives, whether exchange traded or counterparty, without compensation. They have always been illegal. They are now a threat to all of our lives. Not one penny of public money must go to buy derivatives.

Securities transfer tax or Tobin tax on all financial transactions, including stocks, bonds, foreign exchange, etc. This is a sales tax on finance oligarchs who need to start paying their fair share. This will take the life out of the booze for many speculators.

Stop oil, food and commodity speculation with comprehensive re- regulation including position limits, 50 to 100% margin requirements depending on market conditions, and by distinguishing between legitimate hedgers and predatory speculators.

No tax increases on households. Surtax for foundations like the Ford, Rockefeller, Carnegie, Annenberg, and Gates Foundations, who use their funds not for charity but for subversion and divide and conquer social engineering to divide and weaken the American people in defense of the financier interest.

Restore business confidence and credit with new credit issue through the nationalized Federal Reserve, operating under the legal auspices of the US Treasury. Use credit as a public utility. Provide cheap, long-term credit for productive purposes only, not parasitical speculation or financial services.

Institute an absolute guarantee for Social Security, Medicare, Medicaid, Head Start, WIC, food stamps, unemployment insurance, and the other remaining elements of the social safety net. No "entitlement reform" under any circumstances. Austerity for bankers, not people. Use the proceeds from the Securities Transfer Tax to replenish the Social Security Trust Fund and preserve the other vital programs through the end of the twenty-first century.

Using New Deal methods, it is possible to stop a depression cold in a single day. We did it before, and we can do it again. Only 28% of the American people now support the monstrous derivatives bailout, with 37% opposed and 35% unsure, according to Rasmussen on Sept. 22. This is an issue powerful enough to crystallize the current party re-alignment in the same way that slavery in the territories did in 1860, or the last depression did in 1932. Within a month, the current empty husks of the gutted Democratic and Republican Parties could collapse, and be replaced by the pro-Wall Street Bailout Party led by Obama and his phalanx of rich elitists and Malthusian fanatics from both parties, and the pro-middle class and pro-worker Anti-Bailout Party with support from right-wing Republicans, libertarians, and working class Democrats. Who will have the brains and guts need to assert leadership over the Anti- Bailout Party? Will it be McCain? Or Hillary Clinton?

Or someone else? We will soon find out.

See also by Tarpley (he's real good on banking and the Federal Reserve):

http://www.worldproutassembly.org/archives/2007/09/surviving_the_c.html

September 21, 2008

President Palin They've already stolen 2008 Rove has already fixed the 2008 election





Get used to it


In 1997, I started writing about how widespread election fraud was the United States.

Google "election fraud San Francisco"

My concern was that if this problem was not addresses, anyone could be put in the White House.

George Bush Jr. was just the beginning.

If, Karl Rove successfully rigged voter records in key swing states - and there is every evidence that he has - and if John McCain does not survive his term - and there is every evidence that he won't - Sarah Palin, the moose-eating, go-go boot wearer, oil company-loving moron, will be president of the United States.

My guess is 2010.

Impossible, you say.

Not at all.

Any country that would tolerate eight years of George Bush Jr. will tolerate anything.

I sincerely hope I'm wrong, but the possibility is very, very real.

August 03, 2008

The Crime Behind the Criminal Wars!:

Why is Habeas Corpus Such a Threat to those in Power?

By Maher Osseiran


03/08/08 "TPP" -- Why is the Supreme Court's decision to uphold habeas corpus rights for the Guantanamo detainees so scary that Senator Lindsey Graham, with the support of McCain, will "explore the possibility, if necessary, of a constitutional amendment to blunt the effect of this decision"?

What is so fundamentally wrong with the Supreme Court's decision, whose members are conservative or Bush appointees, to warrant amending our constitution? Have Senators Graham and McCain lost their minds?

I just finished reading a lengthy "friend-of-the-court" brief to the Supreme Court in support of petitioner Boumediene v. responder Bush, et al., a case resulting in a decision that reinstate habeas corpus rights, not just for the detainees, but for all Americans.

As a brief to the Supreme Court, the argument and the conclusion were primarily based in constitutional law and precedent.

A similar brief to a habeas corpus court that would review the legality of detaining the Guantanamo prisoners would undoubtedly take a different form or approach what the writ of habeas corpus has always ensured: that an independent court can inquire into the legal and factual bases for the Executive's assertion of its power to imprison. This guarantee has always included a meaningful judicial evaluation of the law and facts that underlie the Executive's asserted basis to detain.

Other than the meaningful judicial evaluation of the law and facts, a non-military tribunal would make it easier for a detainee to produce exculpatory evidence, evidence that would exonerate him or her; actually, anyone can produce such evidence and anyone can inject it into the court proceedings simply by providing it to any party.

Such exculpatory evidence is abundant and has been in the hands of U.S. Attorney Patrick Fitzgerald, governors, members of congress such as Conyers and Graham, the judiciary committees to the House and Senate, and a variety of law authorities that have jurisdiction as early as 2005; I know that for fact since I placed it there but no investigations resulted.

In February of 2007, Dr. James Zogby of the Arab American Institute, after familiarizing himself with my work, found it imperative to contact Conyers directly and received assurances, conveyed to me by email, that an investigation would proceed in due course; Conyers is still missing in inaction.

The evidence was uncovered when I decided to authenticate the videotape released by the Pentagon on Dec. 13, 2001, a videotape in which bin Laden was confessing to 9/11. My suspicions about the tape quickly materialized but it took close to a year to distill the information in to a format that would stand in a court of law.

The authentication work, the only work of its kind put forth in the public domain, unveiled the most heinous crime ever committed by a sitting president whose victims not only include the detainees in Guantanamo except for a handful, but the untold number of dead and maimed Afghanis, Iraqis, American citizens and soldiers who have died in this fake "war on terror".

The authentication work revealed that the taping of the bin Laden confession was the result of a sophisticated sting operation run by U.S. intelligence with the help of Saudi intelligence and was taped on September 26, 2001, barely two weeks after 9/11 and ten days before the invasion of Afghanistan.

According to the UN charter, "
All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered."

Even though the Bush administration had the evidence that bin Laden was responsible for the 9/11 attacks as early as September 26, 2001, such evidence was only shared with those who were important for the execution of their war, such as NATO and Pakistan, and kept away from those sane entities who were looking for a just and peaceful outcome as the UN Charter dictates.

The Bush administration, with premeditation, ignored its international obligations in deference to war. If the Bush administration had supplied the evidence to the world and specifically the Taliban who were requesting such evidence in exchange for bin Laden, the war might not have taken place and bin Laden would very likely be in custody.

Not pursuing that route makes the Afghanistan war an illegal war under the UN Charter and The Geneva Convention; thereby, the majority of the Guantanamo detainees can no longer be classified as enemy combatants but victims of war crimes.

These findings, which were shared with various authorities, were summarized in the "The Crime Behind the Criminal Wars!".

The authentication work also shows that the Bush administration, with premeditation, aided and abetted bin Laden after 9/11 far beyond any aid your average Guantanamo detainee could have ever provided to Al-Qaeda or bin Laden. There are also very strong indications, worthy of serious investigation, that the Bush administration was very aware of the 9/11 operations beforehand and allowed them to happen or even helped in making them happen. This argument was summarized in "Is Bin Laden Responsible for the 9/11 attacks?"

As a consequence of these findings, those handful of detainees who are charged with the more serious crimes, after review and a proper fact finding by a habeas corpus court, would have those charges against them dismissed only to be re-arrested and appropriately charged with less serious offenses; the rest of the detainees would have to be released.

The same court, and the public at large, will reserve the more serious offenses to high-ranking officials in the Bush administration, including the president.

By not acting in 2005 on the information received, Conyers and congress dug themselves a hole that kept getting deeper as time went by. The implications of the findings are very serious and the remedies go beyond those implemented after Water Gate and might prove to be the remedies that would help us reclaim our democracy.

The fundamental and positive change in how our democracy functions is what Senator Lindsey Graham, John McCain, and others in power are afraid of; a fear worthy of a constitutional amendment.

Their fear is genuine because, unlike other evidence in the public discourse of the Bush administration's abuse of power, which the administration and its supporters have been able to duck, this evidence is solid, all in the public domain, the majority of which the administration mistakenly placed there, it cannot be taken back, it cannot be spun, it is intact and most importantly, will remain so.

I am told that proper investigations would start after Bush leaves office. I do think though that no one should be above the law and no criminal should be given special consideration, especially those who hold public office, otherwise we are simply a nation of outlaws.

Maher Osseiran is an Arab-American peace activist. As a close observer of the Middle East, Maher's geopolitical analysis is always ahead of many in big media. As an engineer who worked in research, he uses his technical abilities to write investigative articles exposing one of the most serious crimes of the Bush administration, his work is published in print in The Lone Star Iconoclast, Crawford, TX, and on the web at www.mydemocracy.net

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July 25, 2008

The parade of "shrill, unserious extremists" on display at today's impeachment hearings

(updated below)

Former Reagan DOJ official, constitutional lawyer, and hard-core conservative Bruce Fein was one of the first prominent Americans to call for George Bush's impeachment in the wake of the illegal NSA spying scandal. Back in late 2005 and 2006, when even safe-seat Democrats like Chuck Schumer were petrified even of uttering the words "broke the law" when speaking of the Bush administration -- let alone taking meaningful action to investigate and putting a stop to the lawbreaking -- Fein wrote a column in The Washington Times forcefully and eloquently arguing:

Volumes of war powers nonsense have been assembled to defend Mr. Bush's defiance of the legislative branch and claim of wartime omnipotence so long as terrorism persists, i.e., in perpetuity. Congress should undertake a national inquest into his conduct and claims to determine whether impeachable usurpations are at hand.
In 2006, Russ Feingold called Fein as one of his witnesses in support of Feingold's resolution to censure President Bush for his lawbreaking. Today, Fein is one of the witnesses who will testify before the House Judiciary Committee in favor of Dennis Kucinich's impeachment resolutions (joined by Elizabeth Holtzman, Bob Barr and several others). As KagroX details here, that the House is holding hearings on Kucinich's resolution is not, in any way, an indication that the Congress is prepared to take those resolutions seriously. Manifestly, they are not.

Yesterday, Jane Hamsher spoke with Bruce Fein on BloggingheadsTV about why the Democrats have, in general, failed to hold the Bush administration accountable for their multiple crimes (Slate yesterday detailed some of the many Bush crimes). Here is what Fein -- echoing an argument I made a couple of weeks ago -- said on that topic:



Jane also asked Fein about Obama adviser Cass Sunstein's recent statements that Bush officials should not be prosecuted for their illegal detention, interrogation and spying programs. To get a sense for why this matters, National Journal this morning listed Sunstein as one of a small handful of likely Supreme Court appointees in an Obama administration. But -- similar to Fein's point regarding Jay Rockefeller, Jane Harman and comrades -- Sunstein has long been one of the most vocal enablers of Bush radicalism and lawlessness, having continuously offered himself up over the last seven years to play the legal version of the TNR role of "even-liberal-Cass-Sunstein-agrees-with-Bush."

During my Democracy Now debate with him, Sunstein said: "I'd be honored but surprised if the military commissions cite some of my academic articles." But as Talk Left's Armando documented, Sunstein would be an ideal and highly likely "legal scholar" for the Bush administration to cite as part of its military tribunals, as Sunstein was an early and outspoken supporter of the theory that Bush had the authority to order military commissions (a theory which the Supreme Court rejected in Hamdan). Identically, while Sunstein now pretends to disagree with Bush's theory as to why he had the power to spy on Americans in violation of the law (Sunstein said on Democracy Now: "while I agree with Senator Feingold that the President's position is wrong"), Sunstein defended those theories as "very reasonable" when he was on right-wing talk radio with Hugh Hewitt in late 2005 during the height of the NSA controversy.

It's really hard to imagine a worse person on whom Obama could be relying as a legal adviser, let alone a potential Supreme Court nominee, and here is what Fein had to say about Sunstein's view of things:



The destruction of the CIA interrogation videos in 2005 that Fein referenced there seems particularly malicious -- plainly criminal -- in light of the new documents obtained yesterday from the CIA by the ACLU. One of those documents -- an August 4, 2004 CIA memo (.pdf) -- explicitly warns "of possible future judicial review of the Program and of these issues," meaning the CIA's interrogation methods and the legality of the Bush administration's behavior. Destroying evidence relevant to a future criminal proceeding is the very definition of obstruction of justice -- a crime for which ordinary people are regularly prosecuted and imprisoned -- yet we have the Cass Sunsteins of the world, speaking on behalf of our political and media class, insisting that it would be terribly unfair and disruptive to treat any of this as a criminal matter (and -- as is true for many of the episodes of Bush lawbreaking -- key Congressional Democrats were briefed on the possible destruction of the interrogation videos as well).

Most revealingly of all, the Kucinich impeachment hearing today is like a parade of those whom the Beltway class mocks as Shrill, Unserious losers and Leftist radicals -- people who actually use overly excitable words like "crimes" and "prosecutions" when talking about our leaders or who, like the ACLU, actually object that most of what our Government does occurs in total secrecy. Serious, responsible Beltway establishment leaders know that courtrooms and prosecutions are only for the common people and -- for our own good -- our leaders cannot, must not and should not be exposed to any of that, and must continue to be able to shield what they do from public scrutiny.

* * * * *

NPR this morning has a story, both radio and print, regarding the left/right Strange Bedfellows citizen coalition and Money Bomb campaign targeting those responsible for the erosion of civil liberties, constitutional protections and the rule of law. The NPR story includes this:

Earlier this month, Congress passed a rewrite of the Foreign Intelligence Surveillance Act, known as FISA. Opponents say it gives the president too much power to tap private communications without court oversight. That argument was made none too subtly by a TV ad that ran in the home district of Chris Carney, a Pennsylvania Democrat who supported the new FISA law.

"Chris Carney is surrendering to Bush and Cheney the same un-American spying powers they have in Russia and communist China," the ad says.

Apparently, the ad hit a nerve. A Carney spokeswoman called the ad a "smear campaign" and said NPR should not do a story about it. But the ad was paid for by Carney's fellow Democrats.

Blue America is a political action committee promoted by Democratic bloggers like Jane Hamsher. She is disappointed with Congress since it went Democratic.

"I'm very upset with my party right now," Hamsher says. "They were given the majority, and they have a 9 percent approval rating right now for a reason."

Apparently, NPR isn't Comcast -- at least not in this instance -- and it thus ran the story despite Carney's pleas.

UPDATE: To be clear, it's far from certain, obviously, that Obama would appoint Cass Sunstein to anything, let alone to the Supreme Court. And as I've said before, the precarious 5-4 Supreme Court balance is reason enough, just standing alone, to strongly prefer an Obama administration to a McCain administration. But Sunstein -- both due to his relationship to Obama and, independently, to his new marriage -- is one of the most inside of Obama insiders. That he has simultaneously been such an unusually vocal defender of some of the worst Bush radicalism is obviously worth noting, and is self-evidently disturbing. Today, Matt Stoller reviews Sunstein's latest book and several of the odd ideas in it.

-- Glenn Greenwald

Who is doing real journalism?

Newsweek's Jonathan Alter has an article this week filled with all the standard anti-blogger "pajama" platitudes (along with some praise) and, along the way, Alter writes this:

But we're finding [blogging] works better for keeping on top of daily flaps than for learning genuinely new information. Bloggers rarely pick up the phone or go interview the middle-level bureaucrats who know the good stuff. It's a lot easier to chew over breaking stories and bash old media. Where do they get the information with which to bash? Often from, ahem, newspapers.
Leave aside the question of how much "real reporting" bloggers do as compared to newspapers. If one looks at most of the vital disclosures of the last seven years -- whereby concealed, legally dubious behavior of one of the most secretive administrations of the modern era is exposed -- one finds that such exposure comes overwhelmingly from two sources: (1) conscientious whistle-blowers inside the Government, and (2) advocacy groups such as the ACLU, which have tirelessly waged one litigation battle after the next in order to unearth the Bush administration's secret, improper conduct.

Today, the ACLU (with whom, as I've previously disclosed, I consult on various matters) released three formerly secret Bush administration memos -- two from the CIA to the Office of Legal Counsel inside the DOJ, and one from OLC to the CIA -- which set forth, in a revoltingly clinical tone that is by now all-too-familiar, extremely permissive standards for what constitutes (and what does not constitute) "torture." Raw Story's Nick Juliano has an excellent summary of the memos' lowlights, including the assertion that treatment of detainees does not constitute "torture" as long as there is no "specific intent to inflict severe pain or suffering," and the claim that interrogators are free to inflict mental harm as long as it falls short of "harm lasting months or even years after the acts were inflicted upon the prisoners."

The August 4, 2004 CIA memo (.pdf) specifically noted that "the waterboard" (sic) is not "torture," and it further points out that the President ordered that the Geneva Conventions are not always to be complied with, but rather, only "to the extent appropriate and consistent with military necessity." The same memo also pointedly notes that the Durbin Amendment -- which bars the use of torture and "cruel, inhuman and degrading treatment" in all circumstances -- "is not, as of now, law."

What's particularly notable here -- beyond the fact that this is further proof that our Government has engaged in deliberate, systematic and illegal torture -- is what a closed, secretive society we've become. Even the memos which the ACLU obtained -- between four to six years old -- are heavily redacted, with the vast bulk of the legal conclusions of our Government simply blacked out (.pdf). We just don't live in an open society, as most of the most consequential actions in which our Government engages are undertaken behind an increasingly impenetrable wall of secrecy.

The vast bulk of these memoranda consist of nothing more than legal arguments as to why the Bush administration claimed it had the authority -- as the ACLU's Jameel Jaffer put it -- "to permit interrogators to use barbaric methods that the U.S. once prosecuted as war crimes." There is absolutely no justification whatsoever for these Memoranda to be concealed from the public. All they do is set forth the Executive Branch's purported understanding of the law. How can legal arguments about the President's alleged authority possibly be secret?

And yet it was only because the ACLU relentlessly pursued protracted litigation that the CIA was ordered to turn over these documents and we learned about them. That's the same way we learned about the 81-page Memorandum authored in 2003 by John Yoo that provoked such disgust back in April (that's the Memo that calmly analyzed whether "'scalding water, corrosive acid or caustic substance' thrown on a prisoner" was legal and which noted that a prior, still-secret OLC Memorandum had concluded "that the Fourth Amendment had no application to domestic military operations"). And the DOJ's memoranda justifying Bush's NSA warrantless eavesdropping program -- as well as other long-abandoned, patently illegal surveillance programs -- remain concealed.

It has been left to the ACLU and similar groups (such as the Center for Constitutional Rights and Electronic Frontier Foundation) to uncover what our Government is doing precisely because the institutions whose responsibility that is -- the "opposition party," the Congress, the Intelligence Committees, the press -- have failed miserably in those duties. And while Democrats in Congress passively ignore their oversight responsibility or do the opposite by helping to conceal Bush crimes, the Democratic Party establishment goes around repudiating and even demonizing the factions that have tried to step into the void that they've left, as illustrated by this cowardly "senior Democratic lawmaker" who anonymously told The Wall St. Journal this about Obama's recent FISA vote:

"I applaud it," a senior Democratic lawmaker said. "By standing up to MoveOn.org and the ACLU, he's showing, I think, maybe the first example of demonstrating his ability to move to the center. He's got to make the center comfortable with him. He can't win if the center isn't comfortable.
When Jesse Helms died last month, there was a discussion about Helms in an online email group of prominent liberal Beltway journalists, and one participant asked whether the Left has any equivalent to Jesse Helms, and a well-known "liberal" journalist responded: "Yes -- the ACLU extremists." Time's Joe Klein said last year that objections to the Senate's warrantless eavesdropping bill were merely "fodder for lawyers and civil liberties extremists" -- a phrase which GOP Rep. Pete Hoekstra then praised in National Review. The very same Beltway denizens who have so submissively enabled the radicalism of this administration simultaneously harbor and continuously spew contempt for those Shrill, Unserious "activists" -- such as the dreaded ACLU extremists -- who challenge and disrupt their little Beltway fiefdom.

Even in those rare instances of good investigative journalism -- Dana Priest's CIA black sites exposé and the Risen/Lichtblau disclosure of the NSA program -- most of the disclosures are due primarily to brave whistle-blowers inside the administration who were willing to risk their careers and even their own freedom in order to expose serious government wrongdoing. In addition to Priest and the NYT, there is Charlie Savage and Seymour Hersh and Jane Mayer and other actual journalists who have uncovered serious government wrongdoing, but those are the glaring exceptions.

Jonathan Alter can pat establishment journalists on the back as much as he wants, but the record of the establishment press over the last seven years is one characterized far more by failure and complicity than by real journalism. Alter laments that Americans "so distrust the mainstream media" that they "often prefer rumors to facts," but that's a natural and reasonable response to a media that gave us Iraqi mushroom clouds and Jessica Lynch's heroic firefight and Pat Tillman's dramatic confrontation with the Enemy and a whole slew of other government-dependent propaganda and government-promoting myths.

So much of the real journalism that is occurring isn't from TV and magazine stars but largely from severely under-paid advocates at public interest groups and anonymous government whistle-blowers who aren't even meant to be "journalists." The function of the ACLU and similar groups isn't really to uncover illegal behavior on the part of our Government. That is the intended function of the Congress, the media and the opposition party. But those institutions haven't done that -- with very rare exception, they don't do it (and in the case of Congress, one is hard-pressed to think of any real exceptions at all). As a result, the ACLU and similar groups -- with far fewer resources -- have been forced first to uncover what the Government does, to try methodically and incrementally to erode the government's wall of secrecy, to perform real journalism, in order then to engage in their real function of opposing Government encroachments and defending the Constitution, basic privacy rights and civil liberties.

-- Glenn Greenwald

The honorable centrist Joe Lieberman

(updated below - Update II - Update III - Update IV - Update V)

After John McCain sought Pastor John Hagee's endorsement and then heaped praise on Hagee when he received it, a slew of publicity surrounding Hagee's extremist, offensive and outright crazed views forced McCain to repudiate Hagee and reject his endorsement. But not Joe Lieberman. Last year, the Connecticut neocon spoke at the annual convention for Hagee's group, Christians United for Israel, and in an indescribably obsequious speech, said this about the radical Pastor:

I would describe Pastor Hagee with the words the Torah uses to describe Moses, he is an "Eesh Elo Kim," a man of God because those words fit him; and, like Moses he has become the leader of a mighty multitude in pursuit of and defense of Israel.
That Hagee holds views that even John McCain eventually described as "deeply offensive and indefensible" isn't impeding Joe Lieberman's close association with Hagee. This week, Hagee's group is holding its Third Annual Convention in Washington, and here is the line-up for the final night, with the event's keynote speakers listed:


Hagee's bigoted comments against Catholics and gay people are well-documented, and this Jewish group has put together a new video documenting many of Hagee's most intensely anti-Semitic comments, including Hagee's false assertion that Hitler was partially Jewish, his insistence that the anti-Christ will be a Jew, and his claim that Jews believed that their spit contains magic healing powers and thus ran around rubbing it in the eyes of blind people in order to heal them.

As the controversy over Jeremiah Wright conclusively demonstrated, there is a glaring double standard applied to black Ministers such as Wright (who are quickly deemed scary, extremist anti-American radicals and therefore must be banished by all decent people) and white evangelical preachers such as Hagee (who can utter the most inflammatory and contemptible trash and still be treated with the utmost respect from Serious Centrists like Lieberman). More to the point, Democrats are continuously required to "repudiate" members of the so-called "Far Left" upon pain of being deemed un-Serious, while there is no such thing as "too extreme" on the Right, and Joe Lieberman is thus free to share a stage with a crazed extremist like John Hagee and depict him as a modern-day Moses and still be considered (and, at the GOP Convention, will be hailed as) a Serious, Responsible, Honorable, Centrist by our political and media elite.

UPDATE: The debate I had this morning on Democracy Now with University of Chicago Law Professor and Obama adviser Cass Sunstein (regarding his remarks this weekend concerning criminal prosecutions for Bush officials, torture, FISA and the like) can be seen and heard here. The prior segment in which I participated, regarding corporate lobbyists and the Democratic Party's Convention, can be heard here.

UPDATE II: As Atrios notes, a recent poll from a new Jewish political group found that Barack Obama is far more popular among American Jews than is Joe Lieberman:

Only 37 percent of Jews view the Connecticut Independent in a favorable light compared to 48 percent who have a negative perception. As for Obama, 60 percent of Jews view him favorably while 34 percent view him unfavorably.
As is so often the case, the dominant media narrative -- Obama has a problem with Jewish voters! Lieberman's support for McCain is vital to McCain's attracting Jewish voters! -- is baseless and wrong.

UPDATE III: The good version of Barack Obama made an appearance today in Amman, Jordan as he delivered some unusually balanced, even-handed remarks about the Israel-Palestinian conflict. In reporting those comments, Politico's Ben Smith wrote that Obama's suggestion "that the fault in the region is not the Palestinians' alone [is] something you'll rarely hear from Republicans." That's true, but it's a view that is rarely heard from most Democrats as well. It's good to hear that view from Obama.

UPDATE IV: Law Professor Jonathan Turley also has some thoughts regarding Cass Sunstein's odd views on the rule of law, here. Turley apparently discussed these issues on MSNBC's Countdown tonight, though I didn't see his appearance and a transcript isn't yet available.

UPDATE V: Jonathan Turley last night discussing Obama adviser Cass Sunstein's views on the rule of law (h/t RMP):

July 22, 2008

McCain Asked About PNAC & 9/11 At Town Hall

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