Author: Matthew G. Saroff

Our Dysfunctional Pentagon

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Winslow Wheeler at War is Boring makes an interesting point about the sequestration games that the Department of Defense is engaging in: Iit is systematically cutting cheaper and more effective programs in favor of expensive systems:

There has been a short-sighted eagerness in some news articles and commentaries to disparage two actions by the House Armed Services Committee in the Fiscal Year 2015 National Defense Authorization Act.

The HASC seeks to retain in the military force structure the Air Force’s A-10 Warthog close support aircraft and the Navy’s nuclear-powered aircraft carrier USS George Washington. The Air Force and the Navy want to retire these systems prematurely, thereby seeming to save money.

But the longer-term game being played is to smooth the way for far more expensive, truly unaffordable, replacements the Air Force and Navy have cued up. And in the case of the A-10, the older, cheaper alternative is the inestimably more effective one.

Like, I said, it’s not about defending our nation, it’s about our Generals getting lucrative post retirement consulting gigs.

That old Iron Triangle.

Michael Kinsley Comes Out in Favor of Stalinism

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In a New York Times review of Glenn Greenwald’s latest book, Kinsley declares that it must be the government, and not the journalist, who determines when a sensitive information can be published:

The trouble is this: Greenwald says that Snowden told him to “use your journalistic judgment to only publish those documents that the public should see and that can be revealed without harm to any innocent people.” Once again, this testimony proves the opposite of what Greenwald and Snowden seem to think. Snowden may be willing to trust Greenwald to make this judgment correctly — but are you? And even if you do trust Greenwald’s judgment, which on the evidence might be unwise, how can we be sure the next leaker will be so scrupulous?

The question is who decides. It seems clear, at least to me, that the private companies that own newspapers, and their employees, should not have the final say over the release of government secrets, and a free pass to make them public with no legal consequences. In a democracy (which, pace Greenwald, we still are), that decision must ultimately be made by the government. No doubt the government will usually be overprotective of its secrets, and so the process of decision-making — whatever it turns out to be — should openly tilt in favor of publication with minimal delay. But ultimately you can’t square this circle. Someone gets to decide, and that someone cannot be Glenn Greenwald.

This is not a problem, this is a free press, and one of the consequences of this is that stuff that the government does not want to be pubic knowledge will be public knowledge.

Shorter Michael Kinsley, “Journalism, Schmournalism, we need better stenographers.”

H/t Gawker.

We’ve Always Been at War with Eastasia

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If there is anything more Orwellian than the Pentagon refusing to reveal who we are at war with.

Note that this was in a hearing about extending the Authorization of Use of Military Force (AUMF) where the Pentagon refused to say with whom we are fighting.

So they are asking for an authorization to make war while refusing say who they are making war with, and why we are making war with them.

This is a miasma of the most profoundly disturbing visions of both Orwell, and Kafka.

Linkage

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What if The Matrix ran on Windows XP:

Why Yes, the NSA is a Tool of the Oligarchy, Why do You Ask?

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Glenn Greenwald, Laura Poitras, and Ryan Devereaux take another dive in lake Snowden, and discover that the NSA intercepts every single mobile phone call made in the Bahamas:

The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas.

According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month.

SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.

………

In addition, the program is a serious – and perhaps illegal – abuse of the access to international phone networks that other countries willingly grant the United States for legitimate law-enforcement surveillance. If the NSA is using the Drug Enforcement Administration’s relationship to the Bahamas as a cover for secretly recording the entire country’s mobile phone calls, it could imperil the longstanding tradition of international law enforcement cooperation that the United States enjoys with its allies.

“It’s surprising, the short-sightedness of the government,” says Michael German, a fellow at New York University’s Brennan Center for Justice who spent 16 years as an FBI agent conducting undercover investigations. “That they couldn’t see how exploiting a lawful mechanism to such a degree that you might lose that justifiable access – that’s where the intelligence community is acting in a way that harms its long-term interests, and clearly the long-term national security interests of the United States.”

Once again, we see why intelligence agencies, particularly those in SIGINT, can never do decide woh to target, because they will take it all, damn the consequences.

When you let them run their own agendas, they are a clear and present danger to our national security interests.

One critique though, they buried the f%$#ing lede:

But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.

They captured every cell phone call in a jurisdiction known for money laundering by tax evaders, organized criminals, arms dealers, and other illegal activity, and they are only going after people who are mailing pot to people who are mailing baggies of pot back home.

Think about it for a moment.

Spend billions on these capabilities, and then choose not to go after transnational criminals and tax dodgers .

Your tax dollars at work.

What Sherrod Brown Says

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As opposed to buying into the Republican meme that has us throwing momma from the train, the distinguished gentleman from Ohio is suggesting that Democrats should be running on increases in the social safety net:

Word has it that Democrats are set to take a shellacking in the 2014 elections, in part because midterm electorates tend to be older and whiter. So what if Dems campaigned on expanding Social Security, rather than allowing themselves to get drawn into another debate over how much to cut the program?

 There’s a hook for this looming: The coming battle over disability insurance, which is a part of Social Security.

 Dem Senator Sherrod Brown, a member of the Finance Committee, tells me that GOP Senators have requested hearings into Social Security Disability Insurance this summer. Dems expect Republicans to attack the program as wasteful and fraudulent, in part because conservative media have already done so, and in part because at least one GOP proposal in recent days took aim at the program.

 Brown says Dems should seize this occasion to get behind a proposal that would lift or change the payroll tax cap, meaning higher earners would pay more, while adopting a new measure for inflation that would increase benefits for all seniors. Instead of getting drawn into debates about “Chained CPI” and other entitlement cuts, Brown says, Dems should make the case that stagnating wages and declining pensions and savings demand an expansion of social insurance.

Good politics, and good politics.

Needless to say, the “Very Serious People,” in the Democratic Party will hate this idea, because, they are afraid that it might piss off the rich donors who pay their salaries.

It’s the Iron Law of Institutions, “The people who control institutions care first and foremost about their power within the institution rather than the power of the institution itself.” (Emphasis original)

WE Just Got Fracked

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A new analysis of what was previously considered the largest shale oil formation in the United States has just shrunk by 96%:

Federal energy authorities have slashed by 96% the estimated amount of recoverable oil buried in California’s vast Monterey Shale deposits, deflating its potential as a national “black gold mine” of petroleum.

Just 600 million barrels of oil can be extracted with existing technology, far below the 13.7 billion barrels once thought recoverable from the jumbled layers of subterranean rock spread across much of Central California, the U.S. Energy Information Administration said.

The new estimate, expected to be released publicly next month, is a blow to the nation’s oil future and to projections that an oil boom would bring as many as 2.8 million new jobs to California and boost tax revenue by $24.6 billion annually.

The Monterey Shale formation contains about two-thirds of the nation’s shale oil reserves. It had been seen as an enormous bonanza, reducing the nation’s need for foreign oil imports through the use of the latest in extraction techniques, including acid treatments, horizontal drilling and fracking.

The energy agency said the earlier estimate of recoverable oil, issued in 2011 by an independent firm under contract with the government, broadly assumed that deposits in the Monterey Shale formation were as easily recoverable as those found in shale formations elsewhere.

We are not going to frack our way into energy independence.

The problems that California is not like Texas, Pennsylvania, North Dakota, etc.  It is highly seismically active, and  this action has chopped the shale layer into isolated little pieces.

You have Problem with Corporate Communist Capitalism®©™, Comrade?

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North Carolina continues its trip off the deep end.

The Republicans who have control of the state are decided to make it a felony to reveal what fracking oil companies are pumping into people’s drinking water:

As hydraulic fracturing ramps up around the country, so do concerns about its health impacts. These concerns have led 20 states to require the disclosure of industrial chemicals used in the fracking process.

North Carolina isn’t on that list of states yet—and it may be hurtling in the opposite direction.

On Thursday, three Republican state senators introduced a bill that would slap a felony charge on individuals who disclosed confidential information about fracking chemicals. The bill, whose sponsors include a member of Republican party leadership, establishes procedures for fire chiefs and health care providers to obtain chemical information during emergencies. But as the trade publication Energywire noted Friday, individuals who leak information outside of emergency settings could be penalized with fines and several months in prison.

“The felony provision is far stricter than most states’ provisions in terms of the penalty for violating trade secrets,” says Hannah Wiseman, a Florida State University assistant law professor who studies fracking regulations.

The bill also allows companies that own the chemical information to require emergency responders to sign a confidentiality agreement. And it’s not clear what the penalty would be for a health care worker or fire chief who spoke about their experiences with chemical accidents to colleagues.

Seriously.

The Repubicans are beginning to give authoritarian corporatism a bad name.

This is a Good Day for Schadenfreude

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Dinesh D’Souza has just pled guilty to using straw donors in violation of campaign finance laws:

Conservative author and filmmaker Dinesh D’Souza entered a guilty plea Tuesday to a charge that he used straw donors to make $20,000 in illegal contributions to Republican Senate candidate Wendy Long in 2012, officials said.

The unexpected guilty plea came on the same day the trial for the strident critic of President Barack Obama was set to open in U.S. District Court in Manhattan.

The single felony count D’Souza admitted guilt on carries a maximum prison sentence of two years, but the plea agreement D’Souza’s lawyers reached with the government says sentencing guidelines applicable to the case call for a sentence of 10 to 16 months.

Judges are not required to sentence defendants in accordance with the guidelines, but usually do. Both sides reserved their rights to argue for a sentence outside that range and D’Souza’s lawyer Benjamin Brafman indicated he plans to ask Judge Richard Berman not to send D’Souza to prison.

The plea deal calls for dismissal of a second charge D’Souza faced if he went to trial: causing Long to file a false report with the Federal Election Commission. That carried a potential sentence of up to five years behind bars.

Atrios has noted that he is feeling far less schadenfreude about this than he expected, despite his being, “One of America’s Worst Humans.”

Me not so much.

This is the guy that has never grew up beyond tacky College Republican guerrilla theater that had classmate Timothy Geithner asking him, “how it felt to be such a dick.”  (And that is ignoring his rather idiosyncratic marital life)

This really could not happen to a more contemptible human being.

Because Our Government Has Been Completely Captured by the Banksters

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James Kwak asks, “Why Is Credit Suisse Still Allowed to Do Business in the United States?”

Thia has been another episode of simple answers to simple questions.

On a slightly less glib level, Kwak wonders why, if the financial markets are all better, and the banks insist that they are not to big to fail, why we cannot see fit to suspend the banking license of a foreign bank that has spent decades defrauding the American government.

The fundamental point is that if Credit Suisse really is solvent, then there are no losses that have to be absorbed by someone else (other financial institutions or taxpayers). If its assets really are worth more than its liabilities, then it must be possible to close down the bank without harming anyone else (except shareholders), given enough time. The whole point of capital regulation is to make sure that this can always be done. People would lose their jobs, but the whole premise of the financial sector is that it is providing useful services, which means that those jobs would be recreated elsewhere in the industry (except for the jobs based on tax fraud, which should go away for good).

Our finance system is not just corrupt, it is criminogenic.

We gotta figure out a way to shut this all down in an orderly manner, and replace it with something, you know, sane.

Bummer of a Birth Mark, Bob

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In a completely that unsurprising move, District Judge James Spencer has ruleddisgraced former Virginia Governor Bob McDonnell’s trial should proceed:

Virginia’s former governor Robert McDonnell, once a rising star in the Republican Party, failed to persuade a U.S. judge to throw out federal corruption charges against him and his wife, Maureen.

U.S. District Judge James Spencer in Richmond, Virginia, ruled today that U.S. prosecutors sufficiently supported their charges in the McDonnells’ indictment and that the case against them, scheduled for trial in July, should move ahead. Spencer also rejected the couple’s request that their cases be separated.

The McDonnells are accused of accepting vacations, loans, private plane rides and other benefits in exchange for using the governor’s office to benefit businessman Jonnie Williams, who at the time headed Star Scientific Inc. (STSI) and was trying to promote the dietary supplements made by the Glen Allen, Virginia-based company.

I half expect that the jury to, “Find the defendants incredibly guilty,” to quote Mel Brooks.

There is Justice in the World

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Asa Hutchinson, one of the ‘Phant ratf%$#s who have pushed voter ID laws to suppress the poor and minority vote, was turned away from the polls because he did not have a voter ID:

Asa Hutchinson, who won the Republican nomination in the race for Arkansas governor Tuesday, forgot his ID when he went to the polls, despite backing the state’s new voter ID law, according to the Associated Press.

Christian Olson, a spokesman for the Republican candidate, told the AP that Hutchinson believed the situation was a “little bit of an inconvenience” and that a staffer retrieved his ID so he could cast a ballot. Olson said the former congressman still believes voters should be required to show an ID.

Hutchinson’s campaign has not responded to msnbc’s requests for comment. This post will be updated when it does.

Tuesday was the first time the state’s voter ID law affected an election, and Arkansas voters were required to show identification at the polls, according to the AP. Last month, a judge struck down the voter ID law, finding it unconstitutional. But the judge said that the law would be enforced during the state’s primary.

I can imaging what was going through his head at that moment, “You cannot stop me from voting, I am white!”

Fabulous!!!!

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Not only did a federal judge overturn Pennsylvania’s gay marriage ban, but he cited Antonin Scalia in his opinion:

Upon striking down Pennsylvania’s gay marriage ban Tuesday, a federal judge cited Justice Antonin Scalia’s “cogen[t]” argument that the Supreme Court had essentially paved the way for nationwide marriage equality last year.
Here’s the relevant passage from George W. Bush-appointed Judge John E. Jones III in his 39-page opinion:

As Justice Scalia cogently remarked in his dissent, “if [Windsor] is meant to be an equal-protection opinion, it is a confusing one.” Windsor, 133 S. Ct. at 2706 (Scalia, J., dissenting). Although Windsor did not identify the appropriate level of scrutiny, its discussion is manifestly not representative of deferential review. See id. (Scalia, J., dissenting) (observing that “the Court certainly does not apply anything that resembles [the rational-basis] framework” (emphasis omitted)). The Court did not evaluate hypothetical justifications for the law but rather focused on the harm resulting from DOMA, which is inharmonious with deferential review.

It was a reference to Scalia’s scathing dissent against the Court’s 5-4 opinion that struck down a portion of the Defense of Marriage Act which prohibited federal recognition of same-sex marriages. The Reagan-appointed justice warned that the majority decision — despite officially staying neutral on whether gay marriage was a Constitutional right — relied upon reasoning that would lead to that conclusion.

I will note that referencing a minority opinion does not seem to me to be a common thing, (Note however, that I an engineer, not a lawyer, dammit*) but this is the 2nd or 3rd time that a judge has cited Scalia in making a decision invalidating a gay marriage ban.

I’m beginning to think that the Federal Judiciary is conspiring to offer a very well deserved f%$# you to Fat Tony Scalia.

*I love it when I get to go all Dr. McCoy!!!

I Guess that Steve Jobs is Really Dead

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Apple and Google have agreed to drop the patent suits that they have filed against each other:

Two giants of the mobile phone industry, Apple and Google, have agreed to drop all current patent infringement lawsuits between them, they said Friday.

“Apple and Google have also agreed to work together in some areas of patent reform,” the companies said in a joint statement. They have not agreed to cross-license each other’s patents, however.

Apple filed a lawsuit with the U.S. International Trade Commission in 2010 against Motorola Mobility, which was subsequently acquired by Google. Google has since agreed to sell the smartphone business to Lenovo, but the deal has not yet closed.

Many of the lawsuits Apple has filed against other smartphone makers, including Samsung, involve Google’s Android operating system. This deal announced Friday does not affect the Apple-Samsung lawsuit, however.

It’s a limited state step, but it is one that Steve Jobs would have taken.

Reasonable and measured was simply not a part of his DNA.

Fabulous!!!!!

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Gay Marriage is legal in Oregon:

Today Judge Michael McShane struck down Oregon’s discriminatory state constitutional amendment that denies committed gay couples the freedom to marry, ruling that it violates the U.S. Constitution. The ruling is the 17th consecutive victory in state and federal court for the freedom to marry since the U.S. Supreme Court’s ruling in Windsor v. United States in June 2013. The ruling is the 13th win in federal court for marriage since June.

The order is effective immediately – meaning that today, same-sex couples across the state will be able to marry!