Author: Matthew G. Saroff

Fracking Assholes Literally Think That They are Above the Law

And no, I am not invoking Battlestar Galactica.

I am referring to the hissy fit that drillers in Pennsylvania are having about being prosecuted for illegal dumping:

Pennsylvania Attorney General Kathleen Kane’s decision to prosecute a major Marcellus Shale natural-gas driller for a 2010 wastewater spill has sent shock waves through the industry.

But environmentalists Wednesday hailed the prosecution of the Exxon Mobil Corp. subsidiary as a departure from the soft treatment they say the industry has received from Pennsylvania regulators.

………

Kane’s office announced charges Tuesday against XTO Energy Inc. for discharging more than 50,000 gallons of toxic wastewater from storage tanks at a gas-well site in Lycoming County.

XTO in July settled federal civil charges over the incident by agreeing to pay a $100,000 fine and deploy a plan to improve wastewater-management practices. The consent decree included no admissions of liability.

The Fort Worth, Texas, drilling company, which Exxon acquired in 2010, said it had worked cooperatively with federal and state authorities to clean up the spilled waste, known as “produced water.” XTO excavated and removed 3,000 tons of contaminated soil from the site.

“Criminal charges are unwarranted and legally baseless because neither XTO nor any of its employees intentionally, recklessly, or negligently discharged produced water on the site,” XTO said in a statement.

Kane’s office said it did not need to prove intent to prosecute the company for crimes. XTO is charged with five counts of unlawful conduct under the Clean Streams Law and three counts of unlawful conduct under the Solid Waste Management Act.

Industry leaders said the prosecution of a company for what they called an inadvertent spill creates a hostile business environment.

Because prosecuting criminals is constitutes a “hostile business environment.”

YOU see, laws are only for the little people.

The official story from XTO also stinks to high heaven:

The XTO spill received very little public attention when it occurred.

A DEP inspector discovered wastewater leaking from an open valve on a storage tank during an unannounced visit to the Marquardt well site on Nov. 16, 2010. The wastewater spilled into a tributary of the Susquehanna River and also contaminated a spring. Pollutants were present in the stream for 65 days after the spill.

The grand jury’s presentment does not say who opened the valves on the tank or why. XTO officials at the time suggested vandals might be responsible. But it noted that the drilling site had no secondary containment, little security, and no alarm system for leaks.

Yes, “vandals”.

It’s gotta be vandals, and not some corporate drone who decided that it made business sense to just dump the water, even if every now and again you get caught and have to pay a 100 Grand fine.

A tip of the hat, to Pennsylvania Attorney General Kathleen Kane.

Motherf%$#er

DC Mayor Vincent Gray just vetoed the living wage bill:

Mayor Vincent C. Gray vetoed legislation Thursday that would force the District’s largest retailers to pay their workers significantly more, choosing the potential for jobs and development at home over joining a national fight against low-wage work.

Gray’s quandary is playing out in many U.S. cities, where local leaders who generally sympathize with worker causes are also eager to lure jobs and commerce for their constituents. Retailers, most notably Wal-Mart, have placed an increasing focus on urban expansion, while unions and advocates for workers have pushed measures like the District’s “living wage” bill as a valuable hedge against the proliferation of low-paying jobs.

The veto, which is unlikely to be overridden by the D.C. Council, clears the way for Wal-Mart to continue its entry into the District — plans years in the making that were thrown into question after lawmakers embraced the wage proposal this year.

Gray (D) announced his veto in a letter delivered to Council Chairman Phil Mendelson on Thursday morning. It explained his opposition to the bill and tried to soften the political consequences by disclosing his intention to seek a minimum-wage increase from all employers, not just large retailers.

In the letter, Gray said the measure was “not a true living-wage bill,” because its effect would be limited to “a small fraction of the District’s workforce.” He called the bill a “job-killer,” citing threats from Wal-Mart and other retailers that they would not locate in the city if the bill becomes law.

“If I were to sign this bill into law, it would do nothing but hinder our ability to create jobs, drive away retailers, and set us back on the path to prosperity for all,” he said.

In an interview, Gray did not say what minimum wage he would seek, except that any increase would be “reasonable” and would come after consultation with lawmakers and interested parties.

The whole “job killer” argument is bullsh%$.

The studies are fairly clear here.  Walmart does not create jobs, it takes jobs from smaller retailers, aggressively puts those workers on the public dole, and underpays them:

Earlier studies did not adequately deal with selection bias: i.e., the problem that when and where Walmart chooses to open new stores is not random, but tends to be correlated with other variables. Those confounding variables make it difficult to determine whether local employment outcomes are causally related to Walmart‘s entry, or to something else. I’ll skip the technical details, but suffice it to say Neumark and his co-authors devised a sophisticated methodology that accounts for the selection bias. Using data from over 3,000 counties, their results show that when a Walmart store opens, it kills an average 150 retail jobs at the county level, with each Walmart worker replacing about 1.4 retail workers. These results are robust under a variety of models and tests.

This sucks, and it likely that the override will fail.

Linkage


2nd City nails the Syrian war drums

Quote of the Day

“The first thing I’m going to tell my successor,” Kennedy told guests at the White House, “is to watch the generals, and to avoid feeling that just because they were military men, their opinions on military matters were worth a damn.”

—Robert Dallek

Read the whole article.

The entire General staff was insane.

They wanted to drop nukes on everyone.

Stop the World, I Want to Get Off

Have you heard, in preparation with negotiations with the Russians over Syria, John Kerry is seeking advice from Henry Kissinger.

Yes, that Henry Kissinger.

The man who orchestrated our dropping more bombs on Cambodia than we had on Germany during WWII.

The man who did his level best to bring the murderous psychopath Agusto Pinochet to power.

The man who did his best to cover up the facts of the terrorist attack in Washington DC conducted by the Pinochet government. (Orlando Letalier assassination)

The man who sabotaged peace talks between North Vietnam and the US in 1968 for political advantage.

An avowed enemy of Vietnam Veterans Against the War, for whom John Kerry was the public face at a critical juncture.

And then there are the accusations that Kissinger was complicit in numerous crimes against humanity in much of Latin America.

This ……… is ……… ……… ……… ………

I have no words.

Remember that WSJ OP/ED Written by a Paid Agent of the Syrian Rebels?

I posted a link to this a few days ago.

Well, she just got fired for a non-existent PhD on her resume:

A young researcher whose opinions on Syria were cited by both Senator McCain and Secretary of State John Kerry in congressional testimony last week has been fired from the Institute for the Study of War for allegedly faking her academic credentials.

The institute issued a statement on its website concerning the researcher, Elizabeth O’Bagy:

The Institute for the Study of War has learned and confirmed that, contrary to her representations, Ms. Elizabeth O’Bagy does not in fact have a Ph.D. degree from Georgetown University. ISW has accordingly terminated Ms. O’Bagy’s employment, effective immediately.

O’Bagy and her op-ed drew scrutiny last week when the Wall Street Journal failed to disclose O’Bagy’s ties to an advocacy group backing the Syrian opposition and lobbying the U.S. government to intervene in Syria. The Journal was forced to post a clarification that “in addition to her role at the Institute for the Study of War, Ms. O’Bagy is affiliated with the Syrian Emergency Task Force, a nonprofit operating as a 501(c)(3) pending IRS approval that subcontracts with the U.S. and British governments to provide aid to the Syrian opposition.”

What a surprise.  Another right wing “expert” is a fraud.

It Has Been 12 Years, Stop Waving the Bloody Shirt

It is not my intent to demean the feelings of people who suffered personal losses on September 11, 2001, but the rest of us have to attempt a modest return to sanity.

As I have noted before, we as a society have been driven to insanity by this, and it has convinced us  to commence destroying ourselves. (Read the book Wasp by Eric Frank Russell)

The deaths on 911 are less than:

As to the last item, think about how many of this children we could have saved by spending just one tenth of the roughly $4 Trillion spend on this.

It’s normal to freak out after something like 911, but we are still freaking out 12 years later.

We need to chill out, and deal with the reality we have, not the reality we want to have.

Election Results

For New York Elections, Blazio has won the Democratic primary for mayor, but it won’t be clear until morning if he got enough votes to avoid a runoff, while on the ‘Phant side, Joseph Lhota has won by a sufficient margin to avoid a runoff.

Unfortunately, Spitzer lost in his race for Comptroller, because Wall Street managed to buy enough votes for his opponent Scott Stringer.

In Colorado, it looks like the NRA has successfully recalled the two state senators who helped pass the common sense gun laws there.

Bummer on Spitzer’s loss and the NRA’s victory. 

The Best that Can Be Expected………

I guess it was inevitable that former TARP Inspector General Neil Barofsky would have to find work.

Considering his background, taking a position in a large white shoe law firm tied in with finance was very likely and Jenner & Block appears to be much less evil than many of their competitors:

Neil Barofsky, the former prosecutor who brought transparency and accountability to the federal government’s 2008 bank bailout program as its first special inspector general, has joined Jenner & Block, a law firm based in Chicago, as a partner.

Mr. Barofsky, who was appointed by George W. Bush to oversee the $700 billion Troubled Asset Relief Program in late 2008, was a Washington outsider whose periodic reports on the program questioned Treasury officials’ claims of its effectiveness. He and his office drew criticism at times from those officials, as a result.

Mr. Barofsky left his post in 2011 to teach at New York University’s law school. He also wrote “Bailout,” a scathing account of his time in Washington that highlighted the problem of regulators who he said were for the most part captured by the institutions they were supposed to police.

In an interview, Mr. Barofsky said that joining Jenner & Block was a natural next step because the firm specialized in helping government agencies and major corporations with in-depth investigations of problematic practices. Such investigations, he said, are similar to the work he did at TARP. In addition, unlike many other large law firms, Jenner & Block represents clients bringing suits against large financial institutions.

“I can bring my experience investigating large financial institutions and complex financial transactions to a place that doesn’t just do defense work in this area,” Mr. Barofsky said. “This is an opportunity in private practice to help improve governance and have a truth-seeking role.”

Well, we’ll see how this goes, and he has done a real service in reporting on the corruption of the TARP as IG, and in his book about the experience, Bailout, which has probably earned him the undying enmity of Timothy Geithner, Eric Holder, and Barack Obama, and he deserves a lot of credit and a not inconsiderable payday, for that.

It’s Not Like it Was Important, It’s Just an Execution

So Florida Attorney General had a fundraising meeting, so she delayed an execution:

There is no graver responsibility and act of state government than an execution.

In Florida this week, a campaign fundraiser takes precedence.

Attorney General Pam Bondi persuaded Gov. Rick Scott to postpone an execution scheduled for tonight because it conflicted with her re-election kick-off reception.

“What’s going on down there? It’s ridiculous,” said Phyllis Novick, the Ohio mother of one of Marshall Lee Gore’s victims, when told Monday about the reason for the delay.

Gore, 50, raped, strangled and stabbed 30-year-old Robyn Novick in 1988 before dumping her body into a Miami-Dade County trash heap. Gore was also sentenced to die for the slaying of 19-year-old Susan Roark, whose body was found a few months later in Columbia County.

Gore was initially scheduled for execution in June, but the date was twice delayed because of legal skirmishes over Gore’s sanity.

I have mixed emotions.

I oppose the death penalty, I see a delay to an execution as a good thing, but postponing an execution so that you can raise money?!?!

Damn, that is cold.

I Did Not See This Coming………


Something else I did not expect, MoveOn’s ad on this is not lame

I did not expect the Russians to announce that the Assad regime have come to a preliminary agreement to place their chemical arsenal under in the control of foreign monitors:

Russia opened up a possible diplomatic solution to the Syrian chemical weapons crisis on Monday with a pledge to persuade the Assad regime to hand over its chemical arsenal to international supervision to be destroyed.

Russia’s new initiative was announced by its foreign minister, Sergey Lavrov, hours after the US secretary of state, John Kerry, suggested that the Syrian government could avert punitive US air strikes in retaliation for an alleged chemical attack on 21 August, if it surrendered “every single bit” of its arsenal by the end of the week.

However, Kerry added that Assad “isn’t about to do it”, and the state department hastily issued a clarification saying that apparent ultimatum was “rhetorical” rather than a concrete bargaining position.

But Lavrov appeared to seize on the idea as a means of averting US military intervention.

“If the establishment of international control over chemical weapons in that country would allow avoiding strikes, we will immediately start working with Damascus,” he said.

“We are calling on the Syrian leadership to not only agree on placing chemical weapons storage sites under international control, but also on its subsequent destruction and fully joining the treaty on prohibition of chemical weapons,” Lavrov said after a meeting with his Syrian counterpart, Walid al-Moallem.

FWIW, the Syrians have appeared to welcome the proposal:

Syrian President Bashar al-Assad’s foreign minister on Monday said he welcomed Russia’s proposal that Damascus hand over control of its chemical weapons arsenal to international supervision to avoid US military action.

“I carefully listened to (Russian foreign minister) Sergei Lavrov’s statement about it. In connection with this, I note that Syria welcomes the Russian initiative based on the Syrian leadership’s concern about the lives of our nationals and the security of our country,” Walid al-Muallem said in comments carried by Russian state news agency ITAR-Tass.

I am not one to favor the “eleventy dimensional chess” bullsh%$ put forward by the Obamabots out there, but this is a welcome development.

I’m not sure if it is luck or design.

The tough part will be insuring that the rebels get rid of their poison gas.

The Assad regime cannot be comfortable with disarming without that.

Of course, that would unmask the House of Saud’s complicity in arming Jihadist rebels with chemical weapons, and I’m not sure that Prince Bandar bin Sultan would like to be labeled a war criminal.

Quote of the Day

The upshot is that it is now known that “the N.S.A. cannot be trusted on the issue of cyber security,” said Soghoian. He continued, “My sincere hope is that the N.S.A. loses its shine. They’re the bad guy; they’re breaking into systems; they’re exploiting vulnerabilities.” It’s conceivable that they have good intentions. And yet, Soghoian continued, “they act like any other hacker. They steal data. They read private communications.” With that methodology, how easy can it be, though, to give the agency the benefit of the doubt? As many have, Thomas Drake compared the worldview of what he calls the “rogue agency” to the total surveillance of George Orwell’s “1984,” in which the only way to escape was “to cower in a corner. I don’t want to live like that. I’ve already lived that and it’s not pleasant.”

Matt Buchanan in The New Yorker

(Emphasis mine)

Hillary Will Not Be the Dem Nominee in 2016

I know that she seems invincible, but she seemed invincible in 2007, and her Iraq War vote killed her campaign.

Well, now she has strongly endorsed bombs for peace in Syria (king of like f%$#ing for virginity):

Former secretary of state Hillary Rodham Clinton on Monday endorsed President Obama’s call for military strikes against Syria and said “it would be an important step” if Syrian President Bashar al-Assad surrendered his stockpile of chemical weapons.

“The Assad regime’s inhuman use of weapons of mass destruction against innocent men, women and children violates a universal norm at the heart of our global order, and therefore it demands a strong response from the international community, led by the United States,” she said.

Clinton, a potential 2016 Democratic presidential candidate, made her first public remarks on Syria during a previously scheduled appearance at the White House. She said she had just come from a meeting with Obama, during which they discussed a proposal advanced by Russia to avert U.S. military strikes by having Assad turn over control of the country’s chemical weapons to international monitors.

She said that such a move would be important but that “this cannot be another excuse for delay or obstruction, and Russia has to support the international community’s efforts sincerely or be held to account.”

She also suggested that the Russian proposal came about only because of a “credible military threat by the United States.”

She’s been coy about running, but anyone who votes for this clusterf%$# in not going to get the nomination, and she has learned her lesson.

I will say that my opinion of her has improved in the past few days, if just because her successor appears to be either batsh%$ insane, or a flat out liar, or both.

I think that this is a tell.  Clinton is not running. 

If she had been more reticent, and less explicit, she would have been position to thread the needle.

She chose not to, and it appears to me to be a conscious choice which flows from her not running for President.

I could be wrong though, my predictions usually are.

Alan Grayson Calls Out the So Called “Classified Briefing” Given to Congress

Alan Grayson writes an oblique, but blistering editorial in the New York Times:

The documentary record regarding an attack on Syria consists of just two papers: a four-page unclassified summary and a 12-page classified summary. The first enumerates only the evidence in favor of an attack. I’m not allowed to tell you what’s in the classified summary, but you can draw your own conclusion.

On Thursday I asked the House Intelligence Committee staff whether there was any other documentation available, classified or unclassified. Their answer was “no.”

The Syria chemical weapons summaries are based on several hundred underlying elements of intelligence information. The unclassified summary cites intercepted telephone calls, “social media” postings and the like, but not one of these is actually quoted or attached — not even clips from YouTube. (As to whether the classified summary is the same, I couldn’t possibly comment, but again, draw your own conclusion.)

………

We have reached the point where the classified information system prevents even trusted members of Congress, who have security clearances, from learning essential facts, and then inhibits them from discussing and debating what they do know. And this extends to matters of war and peace, money and blood. The “security state” is drowning in its own phlegm.

My position is simple: if the administration wants me to vote for war, on this occasion or on any other, then I need to know all the facts. And I’m not the only one who feels that way.

And then he follows this up with in interview with the Washington Post where he also says that he has been given no meaningful information, and adds to this the fact that he feels that Obama and his administration are not competent in managing their relationship with Congress:

When has the White House ever — ever — been able to turn around a vote? It hasn’t happened in the entire Obama administration; much less happened when the constituent mail is running 100-1 against. When nobody is paying attention, anything is possible. The president can offer you favors or employ moral suasion or enlist lobbies. But the public is watching and is extremely angry about the president’s position. In that kind of environment, the president doesn’t even have the tools.

BTW, the White House Chief of Staff has admitted as much, saying that this is not a court of law, but that it, “passes the common sense test.”

The White House asserted Sunday that a “common-sense test” dictates the Syrian government is responsible for a chemical weapons attack that President Barack Obama says demands a U.S. military response. But Obama’s top aide says the administration lacks “irrefutable, beyond-a-reasonable-doubt evidence” that skeptical Americans, including lawmakers who will start voting on military action this week, are seeking.

“This is not a court of law. And intelligence does not work that way,” White House chief of staff Denis McDonough said during his five-network public relations blitz Sunday to build support for limited strikes against Syrian President Bashar Assad.

“The common-sense test says he is responsible for this. He should be held to account,” McDonough said of the Syrian leader who for two years has resisted calls from inside and outside his country to step down.

So Obama’s Chief of Staff just said that Obama’s Secretary of State was exaggerating the case.

Roll tape.

Title Corrected, note bit in italics.

How Ordinary People Can Do Heroic things………

Susan De Guardiolia has confronted the bureaucratic agents of tyranny, and she won:

Fundamentally, the routine expansion of what can only be described as a creeping police state can be stopped by citizens who know their rights.

You do not have to be a lawyer to do this.

You simply have to know a few things:

  • Am I being detained?
    • If the answer is no, leave.  If they refuse to answer, repeat the question, politely.
  • If a policeman asks to search your belongings (including vehicle), then they need your consent to search.  Clearly state your refusal to consent.

Police officers will frequently make voluntary compliance appear mandatory. 

Know your rights.

Deep Thought

When a person commits a sin and does not turn in repentance, when that person forgets the sin, the Holy One remembers it.

When a person fulfills a commandment by doing a good deed, the Holy One remembers it.

When a person commits a sin and later turns in repentance, remembering the sin, the Holy One grants atonement, and forgets the sin.

When a person fulfills a commandment and ius constantly filled with self-praise because of it, the Holy One forgets it.

What a person forgets, God Remembers; what a person remembers, God forgets.

—Rebbe Shmelke of Nikolsberg

This was a note included in the margins of our Machzor*, and was pointed out during Rosh Hashanah services today by the Rabbi.

It needs to be shared.

*A specialized version of a Jewish prayer book that is intended specifically for Jewish High Holidays services. Link