Author: Matthew G. Saroff

Another Statement of Obama’s that is “Inoperative”*

No Comments

Cliff Stone, who worked with the State Department finding places to send innocent Guantánamo detainees once they were cleared for released, has resigned in the slow pace of releases:

The State Department envoy who negotiates detainee transfers from the military prison at Guantánamo Bay, Cuba, is resigning, dealing another blow to President Obama’s efforts to close a facility that top administration officials say is a blight on the country’s international standing.

The resignation of Cliff Sloan, a close confidant of Secretary of State John Kerry, comes as officials at the State Department and the White House have increasingly expressed frustration with the Defense Department’s slow pace of transferring approved prisoners.

In an interview on Monday, Mr. Sloan denied that he was leaving because he was frustrated by foot-dragging at the Pentagon. He said he had always intended to stay a maximum of 18 months, noting that he was right on schedule.

“Frustration with the Defense Department’s slow pace of transferring approved prisoners,” my ass.

The military is not a democracy. Barack Obama is commander-in-chief.

If someone is dragging their feet, Obama can fire them.

What’s more, I would argue that he has a moral obligation to fire them.

Guantánamo is more than a moral cancer on America. It is a source of outrage in the Arab world, and is one of the most power recruiting tools that Jihadis have.

*Yes, I am invoking the memory of former Nixon Press Secretary Ron Ziegler.

Am I a Bad Person to Experience Unalloyed Glee at the Misfortune of Others?

No Comments
That’s Gotta Hurt!

Well, let me clarify:

I am talking about one entity specifically………

I’m talking about one entity who was caught trying to deceive regulators specifically………

I’m talking about one entity who was caught trying to deceive regulators and defraud the public specifically………

I’m talking about one entity who was caught trying to deceive regulators and defraud the public specifically whose business model is primarily rent seeking………

OK, spoiler alert, it’s Monsanto, who just had a fraudulent patent revoked:

Patent EP1812575 held by Monsanto has been revoked by the European Patent Office (EPO) after the international coalition No Patents on Seeds! filed an opposition in May 2014.

A further opposition was filed by Nunhems / Bayer CropScience. In November 2014, Monsanto requested that the patent be revoked in its entirety and the EPO complied with this request.
The patent covered conventionally bred tomatoes with a natural resistance to a fungal disease called botrytis, which were claimed as an invention. The original tomatoes used for this patent were accessed via the international gene bank in Gatersleben, Germany, and it was already known that these plants had the desired resistance. Monsanto produced a cleverly worded patent in order to create the impression that genetic engineering had been used to produce the tomatoes and to make it look ‘inventive’.

“Revoking this patent is an important success. It was more or less based on a combination of fraud, abuse of patent law and biopiracy. The patent could have been used to monopolise important genetic resources. Now breeders, growers and consumers have a chance of benefiting from a greater diversity of tomatoes improved by further breeding”, says Christoph Then, a coordinator of No Patents on Seeds!. “The intended resistance is based on complex genetic conditions, which are not known in detail. So genetic engineering is clearly not an option in this case.”

It would be nice if patent law were changed to invalidate gene and species patents, but it’s a start.

Mazel Tov!!

No Comments

The new editor of The New Republic has announced that he will try to expand its bullpen beyond its white Ivy League past:

The best way for any new editor of this magazine to respect the spirit of the institution is to first recognize its defining characteristic is a habit of reinvention. The task before us is to ask what The New Republic should be one hundred years after its founding. We set out with many advantages: first, an owner who has committed to investing in quality journalism and who has granted his editorial staff the creative freedom to find a new path. We have an impressive editorial team that has demonstrated exceptional mettle and we will be adding to their ranks. And we have the heritage of sustaining a continuous conversation about America’s promise.

As we revive one proud legacy of The New Republic—the launching of new voices and experts—those new voices and experts will be diverse in race, gender, and background. As we build our editorial staff, we will reach out to talented journalists who might have previously felt unwelcome at The New Republic. If this publication is to be influential, and not merely survive, it can no longer afford to represent the views of one privileged class, nor appeal solely to a small demographic of political elites.

You know, I think poaching Ta-Nehisi Coates from The Atlantic might be a good start.

He’s a great writer, and has been aggressive critic of The New Republic‘s indifference, and occasional hostility, to the minority community, and it would do a lot to indicate that this is a clean break from the ignominious reign of the contemptible Marty Peretz.

I Finally Have Some Meaningful Thoughts About the Police Shootings in New York this Saturday

No Comments

My first thought is that the NRA is a much bigger threat to the safety of police officers than peaceful protesters, civilian review boards, or criticism:

The last year when Ismaaiyl Brinsley—the man who killed two New York City cops on Saturday—should have been able to buy or carry a gun was 2008, when he was convicted of felony shoplifting, according to the Atlanta Journal-Constitution. In 2011, he pleaded guilty to more felonies after he shot a woman’s car with a stolen handgun. Over his life, he had 19 arrests in Ohio and Georgia.

As a felon, Brinsley was barred under federal law from buying a gun. Had he undergone a background check, he would have failed it and authorities could be notified. Yet the National Rifle Association argues that bad guys will get their hands on guns regardless of the law. The lobby points to violence in states with strong gun laws as evidence of gun control’s ineffectiveness.

In fact, it’s weak gun laws that enable felons, domestic abusers, and the mentally ill to arm themselves. Whereas licensed gun sellers must conduct background checks, unlicensed secondary market sellers face no such requirement in more laissez-faire states.

This is a direct result of the gun show loopholes and other similar exceptions foisted upon us by the ammosexual lobby.

The second thought is that the advocates for police in general, and the PBA in New York City in particular, are demanding that criticism and accountability for the police be non-existent:

I covered New York politics for 15 years, and I saw some awfully tense moments between the police and Democratic politicians. But there has never been anything remotely like the war the cops are waging right now against Mayor Bill de Blasio for the thought crime of saying something that was completely unremarkable and so obviously true that in other contexts we don’t even bat an eye when someone says it. And for that, the mayor has blood on his hands, as Patrolmen’s Benevolent Association head Pat Lynch said Saturday evening after the hideous assassinations of two NYPD officers?

Let’s rewind the tape here. On Dec. 3, in the wake of the Staten Island grand jury’s refusal to indict in the case of the police homicide of Eric Garner, de Blasio gave a press conference at a Staten Island church. He spoke of the need to heal and so on, the usual politician’s rhetoric, and then he uttered these words:

This is profoundly personal for me. I was at the White House the other day, and the president of the United States turned to me, and he met Dante a few months ago, and he said that Dante reminded him of what he looked like as a teenager. And he said, I know you see this crisis through a very personal lens. I said to him I did. Because Chirlane and I have had to talk to Dante for years, about the dangers he may face. A good young man, a law-abiding young man, who would never think to do anything wrong, and yet, because of a history that still hangs over us, the dangers he may face—we’ve had to literally train him, as families have all over this city for decades, in how to take special care in any encounter he has with the police officers who are there to protect him.

Dante de Blasio, as you surely know, is a mixed-race young man of 16 who looks black and sports a large, ’70s-style afro. Does anyone seriously think that his father should not have told him what he did? Come on. We all know the odds (actually, we don’t, more on which later). We hear every prominent black man in America who has a son and who decides to talk about this publicly—football players and actors and others—say exactly the same thing. We’ve heard it hundreds of times. Are these men lying? Are they paranoid weirdos? Of course they aren’t. They are fathers, describing to the rest of us what I thought was a widely acknowledged reality.

I understand that any management-labor dialogue is necessarily fraught, but this is literally a prescription for a police state, and Pat Lynch should be condemned.

What’s more, this attitude is likely to make police officers less safe.

It’s Been 6 Years, and Finally a Regulator Forces a CEO to Resign

No Comments

Rather unsurprisingly, the regulator in question, is New York Superintendent of Financial Services Benjamin Lawsky, who has had nothing to do with the Obama administration.

He went after the astonishingly corrupt and incompetent mortgage servicer Ocwen, and uncovered self-dealing by the CEO that forced his resignation.

It would have been nice if William Erbey were breaking rocks somewhere, but it is a start:

Let’s say you run a company whose misdeeds are splashed across the front pages of the business section on an almost weekly basis. You might reasonably expect to be fired without delay. But then let’s also stipulate that you’re in the financial services industry. Recent history suggests you’ll be able to keep your job and your handsome bonus, and that even if law enforcement officials penalize the company for improprieties, somebody else—like your shareholders— will pay those fines, leaving you to continue your charmed life unscathed.

 William Erbey, the billionaire chairman of the mortgage servicing giant Ocwen, probably thought that would be his fate as well, but he didn’t anticipate the determination of New York Superintendent of Financial Services Benjamin Lawsky. On Monday, Lawsky announced Erbey would step down chairman of Ocwen and four related businesses, as part of the settlement of an investigation into the company’s sad enduring legacy of ripping off homeowners.

 It isn’t a prison sentence. But on the spectrum of accountability for financial industry executives, “forced to resign” beats “suffered no consequences while staying in power.”

 Lawsky has been chasing Ocwen for several years. A mortgage servicer handles day-to-day operations on loans, from collecting monthly payments to making decisions after a default. Ocwen has grown almost ten-fold since 2009 by purchasing the rights to service distressed loans from the likes of JPMorgan Chase, Bank of America, and Ally Bank. Big banks have engaged in a fire sale of their mortgage servicing rights, because of increased compliance standards for servicing, and because of new bank capital rules that make servicing loans costly. As a non-bank, Ocwen has more wherewithal to handle mortgage servicing, and this has made it the 4th-largest servicer in America. ………

 ………

 The federal Consumer Financial Protection Bureau found similar problems with Ocwen and reached an agreement on a $2.1 billion settlement. But most of the money went toward modifying loans that Ocwen serviced but didn’t own, allowing it to pay the fine with other people’s money.

 More recently, Lawsky uncovered more Ocwen secrets. He discovered that four other public companies chaired by Ocwen chairman William Erbey have close business relationships with the mortgage servicer (Erbey is also the largest individual shareholder for all the companies). One subsidiary hosts nearly all of Ocwen’s online auctions; another handles all Ocwen post-foreclosure real estate transactions. So Ocwen profits by funneling default-related business to closely associated companies, providing an incentive to push borrowers into default.

 Lawsky also found that Ocwen backdated letters to borrowers, making it impossible for them to challenge denials of their mortgage modifications within a specific time frame. He also investigated whether Ocwen stalled short sales, where homes get sold for less than the balance on the mortgage, in order to collect additional fees.

And here is the special sauce:

This time, Lawsky did not spare top executives. Erbey will resign both Ocwen and the four related companies by January 16, and subsequently hold “no directorial, management, oversight, consulting, or any other role at Ocwen or any related party.” Any other Ocwen employees also working for one of the other four companies will have to drop those responsibilities.

 Under the agreement, Ocwen will add two new independent board positions, and an Operations Monitor will work directly with the board on oversight functions, and determine whether other senior management will have to be fired. Ocwen cannot acquire other mortgage servicing rights without the consent of the Operations Monitor.

 Ocwen will also pay $150 million to New York homeowners harmed by the company. Instead of a “soft-dollar” promise of mortgage modifications that Ocwen can pass on to the owners of the loans they service, these are cash penalties—$100 million to the Department of Financial Services for housing counseling and community redevelopment programs, and $50 million to be split by Ocwen foreclosure victims, with $10,000 for each borrower on whom Ocwen completed foreclosure, and the rest handed out to those with active foreclosures in process. Ocwen will also have to re-evaluate borrowers in foreclosure after paying the penalty, “in light of their improved financial condition resulting from such payment.”

Ocwen cannot take a tax deduction on any of these payments, per the agreement. The company also agreed to provide all of its New York borrowers with their complete loan files upon request, along with assurances to detail reasons for any denials of mortgage relief. As the loan files represent evidence in private borrower misconduct litigation, it could expose Ocwen to further legal headaches.

Seriously, if there had been any appetite for even a cursory investigation of the banksters by Obama and His Evil Minions™, we would have seen a lot more of this.

Then again, if we did that, Obama would not be able to get his 6 figure speaking gigs from Wall Street execs when he leaves offices.

One has to have priorities.

You Don’t Need to be an Alcoholic to Work with Richard Nixon, but it Helps

No Comments

A while back, NPR had a story about Stephen Hess’s book, The Professor And The President, which detailed how Daniel Patrick Moynihan became one of Richard M. Nixon’s most influential domestic policy advisers.

I’m thinking that it Moynihan’s heavy drinking might have had something to do with is.

If I found myself working as Nixon as a domestic policy adviser, I’d be polishing off a 5th of Bourbon a day.

Natalie Should be in Hilo Now

No Comments

We got up an ungodly hour this morning to put Natalie on a flight to San Francisco, and then connects to Honolulu and from there to Hilo airport on the big island.

The flight left at 6:00 am, so we set our alarms at 3:00 am.

My daughter is being to Hawaii to be with her Grandparents tomorrow.

It’s a senior year thing.

My little girl is graduating from high school this year, which is unbelievably f%$#ing weird.

I remember holding her in one hand at her naming about a week after her birth.

They grow up so fast.

Have a Recipe

No Comments

I give you 3 minute microwave meringues:

Note that Icing Sugar = Confectioners Sugar = Powdered Sugar, which is not a part of the largely allergic to corn Saroff family, as everyone in the house but the cats and me are allergic to corn, but you could use glazing sugar, which is corn free, or make powdered sugar in a blender, which seems to work better than a food processor.

It’s dead simple: Egg whites and powdered sugar which is then nuked until done.

Alfreda Frances Bikowsky, the Torture Loving, Incompetent, and Always Wrong Poster Child for CIA Lack of Accountability and Misuse of Secrecy

No Comments

She appears to be the Forrest Gump of CIA.

She refused to share data with the FBI about the 911 hijackers, she was instrumental in setting up the torture progam and lobbied for its excesses, and she lied repeatedly to Congress:

A top al Qaeda expert who remains in a senior position at the CIA was a key architect of the agency’s defense of its detention and “enhanced interrogation” program for suspected terrorists, developing oft-repeated talking points that misrepresented and overstated its effectiveness, according to the Senate Intelligence Committee’s report released last week.

The report singles out the female expert as a key apologist for the program, stating that she repeatedly told her superiors and others — including members of Congress — that the “torture” was working and producing useful intelligence, when it was not. She wrote the “template on which future justifications for the CIA program and the CIA’s enhanced interrogation techniques were based,” it said.

The expert also participated in “enhanced interrogations” of self-professed 9-11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.

The expert is no stranger to controversy. She was criticized after 9/11 terrorist attacks for countenancing a subordinate’s refusal to share the names of two of the hijackers with the FBI prior to the terror attacks.

But instead of being sanctioned, she was promoted.

The expert was not identified by name in the unclassified 528-page summary of the report, but U.S. officials who spoke with NBC News on condition of anonymity confirmed that her name was redacted at least three dozen times in an effort to avoid publicly identifying her. In fact, much of the four-month battle between Senate Democrats and the CIA about redactions centered on protecting the identity of the woman, an analyst and later “deputy chief” of the unit devoted to catching or killing Osama bin Laden, according to U.S. officials familiar with the negotiations.

NBC News is withholding her name at the request of the CIA, which cited a climate of fear and retaliation in the wake of the release of the committee’s report in asking that her anonymity be protected.

Yeah, well, her identity is already a matter of public record, so f%$# that last bit:

NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous.

The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency.

The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.

The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.”

It turns out that it’s not just people like Glenn Greenwald who condemn her, so do a number of her colleagues at the CIA

The NBC News investigative reporter Matthew Cole has pieced together a remarkable story revealing that a single senior officer, who is still in a position of high authority over counterterrorism at the C.I.A.—a woman who he does not name—appears to have been a source of years’ worth of terrible judgment, with tragic consequences for the United States. Her story runs through the entire report. She dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.

Had the Senate Intelligence Committee been permitted to use pseudonyms for the central characters in its report, as all previous congressional studies of intelligence failures, including the widely heralded Church Committee report in 1975, have done, it might not have taken a painstaking, and still somewhat cryptic, investigation after the fact in order for the American public to hold this senior official accountable. Many people who have worked with her over the years expressed shock to NBC that she has been entrusted with so much power. A former intelligence officer who worked directly with her is quoted by NBC, on background, as saying that she bears so much responsibility for so many intelligence failures that “she should be put on trial and put in jail for what she has done.”

(emphasis mine)

She also has a f%$#ing wiki page, which makes her about as out as Valerie Plame.

Or as John Cook notes, “It should come as no surprise that a secret organization with no accountability promotes incompetents—but the CIA is actively encouraging the careers of the most aggressively error-prone employees it has.”

Note that she also authorized the kidnapping and torture of an innocent man, and tortured the completely bogus story about Al Qaeda cells involving black Muslims in Montana.  (No, this is not The Onion, she actually tortured this fairy tale out of KSM, and believed it).

Excessive secrecy and lack of accountability within our state security apparatus is a threat to our security.

NLRB Brings Charges Against McDonald’s “Co-Employer” with its Franchisees

No Comments

This is a very big deal.

It was a big deal when the NLRB found the fast food chain shared some responsibility as to the treatment of their employees with their franchisees, and now its general counsel has Basically, the National Labor Relations Board has charged the company with violation of labor laws:

The National Labor Relations Board announced on Friday that its general counsel had brought 78 charges against McDonald’s and some of its franchise operators, accusing them of violating federal labor law in response to workers’ protests for higher wages around the country.

The general counsel’s move immediately drew outrage from a variety of national business groups because the labor action deemed McDonald’s a joint employer, a status that would make the fast-food titan equally responsible for actions taken at its franchised restaurants.

The labor board’s complaint asserts that McDonald’s and numerous franchise operators in more than a dozen cities illegally retaliated and made threats against workers who had joined national protests pushing for a base wage of $15 an hour in the nation’s fast-food restaurants.

………

The N.L.R.B.’s general counsel, Richard F. Griffin Jr., said that McDonald’s was a joint employer because it set numerous requirements for how food was prepared, how stores were run and how employees were managed. About 90 percent of the company’s restaurants in the United States are franchise operations.

Mary Joyce Carlson, a lawyer for the Fight for 15 movement seeking higher wages for the workers, said, “Today’s news makes it clear that the N.L.R.B.’s general counsel finds merit in the claim that McDonald’s — a $5.6 billion global company — is a joint employer because it exerts substantial power over the working conditions of employees at McDonald’s franchise stores and is therefore responsible for compliance with employment and labor laws.”

As I have noted before, McDonald’s franchising program places much tighter controls over the behavior of their franchise holders than most other similar restaurant chains, physically owning the property, directing personnel policy and, it appears, directing retaliation against legal unionization activities.

The general counsel issued the charges through 13 regional offices, including Manhattan, Chicago and Los Angeles. The first trials are scheduled to begin in March. The charges said that McDonald’s and its franchisees illegally disciplined employees who had protested, reduced their hours, spied on them and restricted their ability to communicate with union representatives.

For a company the size of McDonald’s, I don’t think that any penalties will meaningfully impact on their bottom line, they are a big company, but if this holds, it could form a foundation for criminal prosecutions against management, because it could form the basis of a criminal conspiracy.

Of course, we would need a DoJ that didn’t ignore law breaking by CEOs **cough** Eric “Place” Holder **cough**, but I can dream about this.

After All, Spying on Congress and Lying About is No Big Deal………

No Comments

Investigators Said to Seek No Penalty for C.I.A. s Computer Search – NYTimes.com:

A panel investigating the Central Intelligence Agency’s search of a computer network used by staff members of the Senate Intelligence Committee who were looking into the C.I.A.’s use of torture will recommend against punishing anyone involved in the episode, according to current and former government officials.

 The panel will make that recommendation after the five C.I.A. officials who were singled out by the agency’s inspector general this year for improperly ordering and carrying out the computer searches staunchly defended their actions, saying that they were lawful and in some cases done at the behest of John O. Brennan, the C.I.A. director.

 While effectively rejecting the most significant conclusions of the inspector general’s report, the panel, appointed by Mr. Brennan and composed of three C.I.A. officers and two members from outside the agency, is still expected to criticize agency missteps that contributed to the fight with Congress.

But its decision not to recommend anyone for disciplinary action is likely to anger members of the Intelligence Committee, who have accused the C.I.A. of trampling on the independence of Congress and interfering with its investigation of agency wrongdoing. The computer searches occurred late last year while the committee was finishing an excoriating report on the agency’s detention and interrogation program.

So, the investigative body created by John O. Brennan has discovered that the CIA, on the orders of John O. Brennan, spied on the committee investigating them, but hey, no harm no foul.

Which means that no one at the CIA, including John O. Brennan, suffers any discipline.

If Barack “The Worst Constitutional Law Professor Ever.™” Obama actually cared about the constitutional checks and balances, or his promise to run a transparent government, John O. Brennan would be spending more time with his family right now.

I Haz a Sad

No Comments

Arguably his finest moment

I just watched the last episode of the Colbert Report, and I am going to miss him.

He will, of course, be taking over for Letterman, but that will be Stephen Colbert the person, and not the Bill O’Reilly inspired character that he has played on his show.

I’ll miss the character.

As Dime Store Psychoanalysis Goes, This is Pretty Damn Good

No Comments

This is a very interesting quote from historian Gary Wills:

I think one of the things that may be hindering him is that he’s so aware that he is the change — that it’s such a break with our history to elect a black President — and that’s such an odd thing to some people and that’s why they’re calling him “not an American” or “socialist” or “fascist” or whatever — that he wants to emphasize continuity almost to a fault. So even though he came to national attention by opposing the Iraq War, he appointed his Secretary of State (someone who voted for the Iraq War), his Vice-President (someone who voted for the Iraq War), his Secretary of Defense (someone who conducted the Iraq War), the two generals in Afghanistan (who conducted the Iraq War). That’s continuity, all right! But is it the continuity that we need?

(emphasis mine)

I don’t know if this is accurate, but this thesis is consistent with what we have observed over the past 6 years.

Barack Obama is Never Going to Say What Hilary Just Said

No Comments

Hillary spoke the three words that Barack Obama never will, “Black lives matter.”

Obama’s entire professional life has been about avoiding anything that would make him to appear to be an “angry black man”, so we won’t here this from him:

Clinton also addressed the recent protests that have erupted across the US and drew links between violence at home and abroad.

She declared: “Yes, black lives matter,” a mantra of demonstrators around the country who have been protesting about grand jury decisions not to indict white police officers involved in the deaths of unarmed black men in Ferguson, Missouri, and in New York.

She wondered what Kennedy would say about “the thousands of Americans marching in our streets demanding justice for all” and “the mothers who’ve lost their sons”.

“What would he say to all those who have lost trust in our government and our other intuitions, who shudder at images of excessive force, who read reports about torture done in the name of our country, who see too many representatives in Washington quick to protect a big bank from regulation but slow to take action to help working families facing ever greater pressure?” Clinton said.

Props to Hillary for saying those three words, and shame on Obama for not saying those three words.