Category: Congress

I Missed This

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Last week,

the House Juciciary Committee passed some rather expansive anti-monopoly billis, which is generally a good thing, as Matt Stoller notes:

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And now to the good, bad, and meaning of the break-up votes. Here’s Jerry Nadler, the Chair of the Judiciary Committee.

The Good

The Judiciary Committee wrote and passed six different bills, two of them being general purpose antitrust acts and four being big tech-specific ones. These bills are an outgrowth of the 16-month investigation into Apple, Google, Amazon, and Facebook, with an analysis of millions of documents and hundreds of witnesses.

I would note the fact that only two of them being general is a bad thing.

Monopolies and ologopolies in insurance, banking, media, finance, pharmaceuticals, groceries, etc. need to be reined in as well.

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So what do these bills do?

The first two are relatively simple. The first increases the amount of money that our antitrust enforcers can use to bring cases and regulate markets. (The FTC’s budget is $351 million, this would boost it to $418 million, while the Department of Justice Antitrust Division would go from $188 million to $252 million.) I wasn’t so keen on this one for a long time, because the Federal Trade Commission and the Antitrust Division are terrible and asking for more resources was an excuse for bad legal strategy. But with Lina Khan at the FTC, I’m more optimistic that she can restore the agency’s legitimacy. Or at least, now I know there’s someone there who recognizes the task at hand.

The second is a bill that is very procedural, but antitrust is a weedy area, and it matters. One of the techniques that monopolists use to avoid scrutiny is to move cases brought by state attorneys general to courts that are friendlier to big corporations. California, for instance, is well-known for tech-friendly judges – Google tried to move one key antitrust case on adtech to its home state. But big pharma does it too. In 2016, 40 state attorneys general filed suit in Connecticut against 18 pharmaceutical companies alleging price-fixing and market allocation of 15 generic drugs. The pharmaceutical companies, most of which were headquartered in the Philadelphia-area, successfully transferred the case to the Eastern District of Pennsylvania. It still hasn’t gone to trial. The second bill stops this nonsense, and lets state AGs keep the cases in the district they choose to bring suit. (Jurisdictional fights have always been a problem – in my book I profiled a 1937 suit over the monopolist Alcoa, in which the firm got the suit moved to its home town of Pittsburgh, and Congress in response nearly passed a law making it easier to remove judges.)

These two bills might not seem like a big deal. However, if these two bills were all that passed, they would still comprise the single most important strengthening of Federal antitrust law in a generation. For decades, antitrust was just not important, and the Judiciary Committee didn’t bother to focus on it. So to have these markups, and pass these bills, is in itself meaningful.

More money to enforcers and making it more difficult to judge shop (which should also apply to federal bankruptcy proceedings) are a good thing, but explicitly listing harms to competitors, and evaluating whether the behavior will lead to greater consolidation, a refutation of Robert Bork’s corrupt and hypocritical views on antitrust, are badly needed as well.

The other four bills solved for problems specific to Google, Apple, Amazon, and Facebook, problems ostensibly laid out in the big tech report by the subcommittee last year. Here are the four bills and what they did.

1) The ACCESS Act mandates that big tech firms have to make their systems open to competitors and business rivals, in the same way that AT&T customers can talk to T-Mobile customers, or users of different email systems can communicate with one another.

2) The merger bill makes it harder for big tech firms to buy rivals.

3) The nondiscrimination bill is intended to ban the ability to big tech firms to preference their own products, the way Google substitutes its own reviews for Yelp reviews, even if Yelp’s reviews are better.

4) The break-up bill is supposed to split apart big tech firms by prohibiting platforms from owning any line of business that uses that platform.

All four passed the committee, which is extraordinary and unexpected. And not only did they pass, but they passed with both Republicans and Democrats working on them.

These bills do not address a bigger question, which is that many agencies refuse to enforce the law, (Stoller gives the example of the FTC refusing to enforce the Robinson-Patman act, which led to an explosion of store mega-chains) and judges who have 50 years of precedent to defer to the word of the monopolists in court.

I think that the laws need to be completely rewritten to reject the past 50 years of jurisprudence, as well as placing the burden of proof on the accused monopolists.

It’s a good start though.

Bipartisan is a Synonym for Scam

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Why am I not surprised that the “Bipartisan” Senate infrastructure plan is primarily about giveaways to politically connected operators through privatization.

Privatization is where private operators are paid to take ownership of public assets.  (Think Chicago parking meter deal fiasco)   

It’s always about sacrificing the public weal to the altar of private profit:

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But the really scary piece is labeled “Public private partnerships, private activity bonds, and asset recycling.” In the name of building world-class infrastructure, these lawmakers would sell it off in fire sales to private financiers. We have lots of experience with infrastructure privatization that strongly suggests it should be avoided.

There was a time when Democrats did oppose such schemes; it was during the Trump administration. To the extent that Trump had an infrastructure vision, it was rooted in privatization. Wilbur Ross and Peter Navarro, who would each take high-level jobs in the Trump administration, wrote a paper before the 2016 election outlining their vision: $1 trillion in investment provided by private bond buyers, who would be guaranteed a tax credit to buy the bonds, interest on the debt, and an equity stake with dividends (with up to a 10 percent profit margin). It adds the usual song and dance about how private enterprise is so much more efficient than the public sector, therefore saving money overall.

It takes about two seconds to recognize how ridiculous this is. The government doesn’t require a 10 percent margin on equity, tax credits, and interest payments. That’s a layer of profit that gets built into the expenditure. Governments usually contract out design and construction to private contractors, but there are only two ways for these companies to reduce ownership and operation costs below what the public sector would spend, while still being profitable. They can cut back, either on safety or labor or maintenance; or they can extract a lot of profit from users of the infrastructure (think toll roads). If the infrastructure isn’t inherently profitable, like a bridge in New York City or a toll road in southern California might be, the upgrade probably won’t get built.

Democrats rightly and loudly objected to giving up public assets to private investors at the time. The biggest money-makers would be favored, they said, and less lucrative projects in rural or impoverished areas shunned. Governments would not only lose ownership but democratic control over roads, water systems, electrical grids, and who knows what else. As companies manage costs, it could lead to less resilient, more dangerous infrastructure. And the public would have a high likelihood of being gouged.

Bipartisanship is most often a beard used to defraud the taxpayers,

C%$# Suckers

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Mitch Mcconnell and Evil Minions™ just filibustered the”For the People” act, because if there is anything that Republicans agree on, it’s that N*****s should never vote:

Senate Republicans banded together Tuesday to block a sweeping Democratic bill that would revamp the architecture of American democracy, dealing a grave blow to efforts to federally override dozens of GOP-passed state voting laws.

The test vote, which would have cleared the way to start debate on voting legislation, failed 50-50 on straight party lines — 10 votes short of the supermajority needed to advance legislation in the Senate.

Republicans, particularly Senate Republicans, are not the opposition, they are the enemy, and must be treated as such.

About F%$#ing Time

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The House of Representatives has voted to repeal the 2002 Authoriziation of Use of Military Force (AUMF) used to invade Iraq, which is a good, if meager, first step.

It would be excellent policy to do this, so don’t expect that the Republicans will even allow a vote in the Senate:

The House voted on Thursday to revoke the authorization it gave in 2002 to invade Iraq, a step that would rein in presidential war-making powers for the first time in a generation.

The bipartisan action reflected growing determination on Capitol Hill to revisit the broad authority that Congress provided to President George W. Bush following the Sept. 11, 2001, attacks through measures that successive presidents have used to justify military action around the world.

The 2002 authorization was repeatedly applied well beyond its original intent, including in a campaign much later against the Islamic State in Iraq and for the killing of the Iranian general Qassim Suleimani last year.

The vote was 268 to 161, with 49 Republicans joining 219 Democrats in favor of the bill. The debate now moves to the Senate, which is expected to take up similar legislation as the United States military completes its withdrawal from Afghanistan after nearly two decades of fighting there.

………

Senator Chuck Schumer of New York, the majority leader, said on Wednesday that he would put a similar measure on the Senate floor. A blueprint written by Senator Tim Kaine, Democrat of Virginia, and Senator Todd Young, Republican of Indiana, will be considered next week by the Foreign Relations Committee.

President Biden said this week that he backed the House measure, making him the first president to accept such an effort to constrain his authority to carry out military action since the war in Afghanistan began 20 years ago. Mr. Biden’s decision came on the heels of announcing a full troop withdrawal from the country.

This is the minor AUMF in the scheme of things though.  It’s the post 911 one that is the one where the vast bulk of military deployments have found legal justification.

Even if the Senate joins the House in repealing the 2002 authorization, Congress would still leave in place a much broader authorization, passed three days after the Sept. 11 attacks, on approving the use of force against Al Qaeda and the Taliban. Successive presidents have cited the 2001 authorization to justify operations against “associated forces,” and critics say it has given presidents excessive latitude to wage “forever wars” without further congressional approval in the Middle East and beyond.

Until now, the Senate has refused to bring up legislation to repeal the authorization of military force, and the House has done so only as an amendment to broader legislation that never went anywhere.

The 2002 AUMF has not been used in over a decade, but the 2001 AUMF is still being used today.

Baby steps, I guess.

Why Am I Not Surprised?

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A leaked audio of a Senator Joe Manchin (DINO-WV) call with rich donors has revealed, among other things, that he asked donors at the group, “No Labels,” to bribe fellow Senator Roy Blunt.

Joe Manchin is not just a conservative Democrat, he is a disloyal one, and given that a recording of his call was leaked, one who who has people close to him looking to give him a well deserved shiv between his shoulder blades:

West Virginia Sen. Joe Manchin, in a private call on Monday with a group of major donors, provided a revealing look at his political approach to some of the thorniest issues confronting lawmakers.

The remarks were given on a Zoom teleconference session that was obtained by The Intercept.

The meeting was hosted by the group No Labels, a big money operation co-founded by former Sen. Joe Lieberman that funnels high-net-worth donor money to conservative Democrats and moderate Republicans. Among the gathering’s newsworthy revelations: Manchin described an openness to filibuster reform at odds with his most recent position that will buoy some Democrats’ hopes for enacting their agenda.

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The wide-ranging conversation went into depth on the fate of the filibuster, infrastructure negotiations, and the failed effort to create a bipartisan commission to explore the January 6 storming of the U.S. Capitol, and offers a frank glimpse into the thinking of the conservative Democrat who holds the party’s fate in his hands.

Manchin told the assembled donors that he needed help flipping a handful of Republicans from no to yes on the January 6 commission in order to strip the “far left” of their best argument against the filibuster. The filibuster is a critical priority for the donors on the call, as it bottles up progressive legislation that would hit their bottom lines. 

OK, this is not an invalid comment, though a US Senator asking high dollar donors to act as his enforcers is pretty damn skeevy.

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When it came to Sen. Roy Blunt, a moderate Missouri Republican who voted no on the commission, Manchin offered a creative solution. “Roy Blunt is a great, just a good friend of mine, a great guy,” Manchin said. “Roy is retiring. If some of you all who might be working with Roy in his next life could tell him, that’d be nice and it’d help our country. That would be very good to get him to change his vote. And we’re going to have another vote on this thing. That’ll give me one more shot at it.”

That is flat out corrupt.  He is asking, in an open Zoom call with big donors, that they condition any future employment for Roy Blunt on his current votes.

He is actively calling for a bribe, or at least extortion based on the threat of withholding a bribe, which is pretty much the same thing.

He Does This Because They Let Him

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And they let him because they don’t want to get anything done.

I am referring, of course, to Joe Manchin, who latest Jihad for moderation literally threatens the right to franchise in the United States.

Seriously, Manchin can throw a monkey wrench into the works because it feeds his ego, and there are on consequences.

It’s one thing to have an big tent and working with conservative Democrats, and it’s another to work with disloyal Democrats.

Make him face consequences, and if he wants to bolt to the Republican Party, let’s see how he fares in a Republican primary in 2024: (He won’t, particularly since he voted for impeaching Trump)

Senator Joe Manchin III of West Virginia said on Sunday in no uncertain terms that he would not vote for the Democrats’ far-reaching bill to combat voter suppression, nor would he ever end the legislative filibuster, a written promise that imperils much of President Biden’s agenda.

The bill, which all the other Senate Democrats had supported and the party had portrayed as an urgent effort to preserve American democracy, would roll back dozens of laws being passed by Republican state legislatures to limit early and mail-in voting and empower partisan poll watchers. The measure, known as the For the People Act, would also restore many of the ethical controls on the presidency that Donald J. Trump shattered.

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The 818-page bill would end partisan gerrymandering, tighten controls on campaign spending and ease voter registration. It would also force major-party candidates for president and vice president to release 10 years’ worth of personal and business tax returns and end the president’s and vice president’s exemption from conflict-of-interest rules, which allowed Mr. Trump to maintain businesses that profited off his presidency.

With Mr. Manchin’s vow, passage of the full For the People Act appears to be impossible, though parts of it could pass in other ways if Democrats are willing to break up the bill, a move that they have resisted. Mr. Manchin’s blockade of filibuster changes makes other Biden initiatives far less likely to pass, including any overhaul of immigration laws, a permanent expansion of the Affordable Care Act, controls of the price of prescription drugs and the most serious efforts to tackle climate change.

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House liberals were more scathing. “Manchin’s op-ed might as well be titled ‘Why I’ll vote to preserve Jim Crow,’” Representative Mondaire Jones, Democrat of New York, wrote on Twitter. 

Senate Democrats should kick Manchin loose and stop obliging his narcissism.

First, Manchin has no where else to go, and second, it’s better to have him outside the tent pissing in than to have him inside the tent pissing in.

There is literally no upside to making even the smallest accommodation Joe Manchin.  It makes Democrats appear weak, and reinforces the belief among the electorate that Democrats cannot be trusted to deliver on their promises because they are cowards.

Cowardice is not a good look for any political institution.

Of Course They Did

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Is anyone surprised that Mitch McConnell and his Evil Minions™ have filibustered a bipartisan insurrection investigation?

I’m not, and this is a good thing:

  • It allows Democrats, if they have the guts, to use this as a hammer against the ‘Phants in 2022. 
  • It allows the House to set up a special select committee that won’t require Republican votes for a subpoena, so for example, House Minority Leader  Kevin McCarthy.
  • The committee staff won’t have half their members selected by Republicans and functioning as saboteurs.
  • The Democrats can set the rules, as opposed to the fiasco of the 911 commission, which never pressed the Bush administration, and, for example, allowed Condoleeza Rice to filibuster.

I hope that Democrats seize the opportunity, but I am not holding my breath.

⅔ of Republicans Vote to Kill Capitol Insurrection Investigation

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This does not surprise me.

Seeing as how many members of the Republican caucus, particularly House Minority Leader Kevin McCarthy, are hip deep in the conspiracies behind the January 6 insurrection, it comes as no surprise that House Republican leaders aggressively whipped the vote against a commission to investigate the matter.

This is why the idea of a bipartisan commission is a bad thing; unlike 911, Republican Representatives and Senators are suspects, and not just observers: 

The House of Representatives has voted in favor of a bill that would create a 9/11-style commission to investigate the deadly attack on the Capitol in January.

The vote fell largely along party lines, with 35 Republicans joining Democrats in passing the measure. However, 175 Republicans voted against the bill, as Republican leaders endeavored to put the deadly 6 January attack behind them, and reframe the riot as a protest.

………

“It sounds like they are afraid of the truth, and that’s most unfortunate, but hopefully they’ll get used to the idea that the American people want us to find the truth,” Nancy Pelosi, the House speaker, said as she sharply criticized Republicans for opposing the bill.

Three Republicans spoke in favor of the legislation: John Katko, Fred Upton and Peter Meijer. All were among the 10 who had voted days after the attack to impeach Trump for encouraging his supporters to attack the Capitol.

The Republican Party is an enemy of the Republic.

Katie Porter and Her White Board

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Representative Katie Porter, (D-CA) does her homework, and she knows her numbers, and when she whips out her white board, someone is in for a can of whup ass.

In this case, it was the Richard Gonzalez, the CEO of AbbVie, which is gouging patients for its Humira Arthritis drug.

She showed that the money for R&D is dwarfed by advertising, and executive compensation, particularly that compensation which is driven by stock buybacks:

Or, as Porter observed: “You lie to patients when you charge them twice as much for an unimproved drug, when you tell us that R&D justifies those price increases. The Big Pharma fairy tale is one of groundbreaking R&D that justifies astronomical prices. But the pharma reality is that you spend most of that money making money for yourself and your shareholders.”

Roll the tape, it’s beautiful: (It’s also not that difficult if you aren’t spending 8 hours a day dialing for dollars for your DCCC dues)

Roid Rage

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Marjorie Taylor Greene got in Alexandria Ocasio-Cortez’s face to demand a debate.

Seriously, given her background as a Gym Rat, one has to wonder if she is abusing anabolic steroids: (As some folks noted in the comments)

Republican Rep. Marjorie Taylor Greene aggressively confronted Democratic Rep. Alexandria Ocasio-Cortez on Wednesday and falsely accused her of supporting “terrorists,” leading the New York congresswoman’s office to call on leadership to ensure that Congress remains “a safe, civil place for all Members and staff.”

Two Washington Post reporters witnessed Ocasio-Cortez (N.Y.) exit the House chamber late Wednesday afternoon ahead of Greene (Ga.), who shouted “Hey Alexandria” twice in an effort to get her attention. When Ocasio-Cortez did not stop walking, Greene picked up her pace and began shouting at her and asking why she supports antifa, a loosely knit group of far-left activists, and Black Lives Matter, falsely labeling them “terrorist” groups. Greene also shouted that Ocasio-Cortez was failing to defend her “radical socialist” beliefs by declining to publicly debate the freshman from Georgia.

“You don’t care about the American people,” Greene shouted. “Why do you support terrorists and antifa?”

………

On Thursday morning, Rep. Adam Kinzinger (R-Ill.) criticized Greene’s behavior.

“While I may not agree with @AOC on issues, I’ve never seen her confront a colleague like this,” he wrote on Twitter. “The house was created to debate emotional issues professionally, and it seems some just want attention or cannot handle their emotions.”

Greene is as nutty as a fruitcake.  I do not know whether it is because she is juicing, or if there are other underlying psychological problems, and honestly I do not care.

She is a clear and present danger to fellow members of Congress.

“Phants Ditch Liz

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No sympathy for Elizabeth Cheney.  She is an odious person who, along with her whole family have made the Republican Party what it is today

I cannot feel sad at any misfortune she suffers, particularly, as is the case today when House Republicans removed her from the #3 spot in the house, that the whole party is shooting itself in the dick.

I expected it to be close, but I expected a secret ballot, and instead it was a voice vote:

House Republicans began Wednesday by quickly ousting Rep. Liz Cheney (Wyo.) from her leadership post because she continues to challenge former president Donald Trump over his false claim that the presidential election was stolen.

Soon after, several GOP members spoke up to minimize the actions of pro-Trump rioters who attacked the Capitol on Jan. 6., an event that led to deadly clashes with police and threatened the orderly certification of President Biden’s electoral victory.

Taken together, the events Wednesday offered the clearest sign yet of how far Republicans are willing to go to support or tolerate Trump’s lies about the election as well the degree to which many members are trying to rewrite the history of Jan. 6 to erase the former president’s culpability.

………

There was no roll call vote Wednesday after McCarthy said he wanted a voice vote to show “unity.” Once the 18-minute meeting was over, Cheney walked up the middle aisle past her colleagues and left the room, according to a person familiar with the meeting who, like others, spoke on the condition of anonymity to describe the private gathering.

Minority Leader Kevin McCarthy has learned a lesson it seems, that behind the veil of a secret ballot, he cannot trust his caucus, because he feels, probably with no small justification, that a secret ballot would bring nothing but embarrassment.

Still, he gets embarrassment, because this is f%$#ing embarrassing.

Good Riddance, You Incompetent Prat

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DCCC chair in the last election cycle, who has seen her chances to advance in House leadership as a result, will not be running for reelection in 2022.

In a just world, she would be run out of town on a rail.

Democratic U.S. Rep. Cheri Bustos of Moline announced Friday she would not seek reelection next year after serving since 2013 in a northwest and west-central Illinois district that has trended increasingly Republican.

She does not know how her district will change in redistricting.

………

At one time, Bustos had been viewed as a rising star among House Democrats, demonstrating an ability to win in largely Republican territory.

No, she managed to get mentored by Nancy Pelosi, which is why she got, and mismanaged her time as head of the Democratic Congressional Campaign Committee, most egregiously when she explicitly stated that consultants working on primary challenges would be blacklisted by the organization.

It’s called saying the quiet part out loud, and it is very very stupid.

I’m not sure if Pelosi is just a bad judge of people, in the early 2000s, she pushed Anthony Weiner and Deborah Wasserman Schultz who were similarly disastrous in their own special ways, or if she decided that the best way for her to remain speaker was to support flawed individuals as a part of the next generation.

I think that she may be following the advice of Lord Julius, “When you’re running a bureaucracy the best way to safeguard your job is to make sure you’re the only one who knows how the whole thing works.” (Pelosi might also be following he advice of Weisshaupt, but that is enough of a deep dive into Cerebus quotes)

Her path up the Democratic Congressional leadership is done for a very long time, and she knows it, so she’s looking to cash in as a lobbyist or a pundit.

Continue Pushing

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If Joe Biden has a virtue as President, it is that he will do the right thing if he has no alternative, a characteristic that he does not share with his three predecessors. 

That being the case, the continuing efforts by Democrats in Congress to push Medicare expansion should continue:

Congressional Democrats are planning to pursue a massive expansion of Medicare as part of President Biden’s new $1.8 trillion economic relief package, defying the White House after it opted against including a major health overhaul as part of its plan.

The early pledges from some party lawmakers, led by prominent members of its liberal wing, threaten to create even more political tension around a package that is already facing no shortage of it. The expansion push comes as Biden on Wednesday stressed in his first address to Congress that he is still committed to making health care more affordable.

They specifically aim to lower the eligibility age for Medicare to either 55 or 60, expand the range of health services the entitlement covers and grant the government new powers to negotiate prescription drug prices. Party lawmakers say their approach could offer new, improved or cheaper coverage to millions of older Americans nationwide.

………

The early efforts reflect a broader belief among congressional Democrats that they must more aggressively seize on their narrow but powerful majorities to push policies that long have been stalled in Washington — no matter their cost. Many party lawmakers have pushed Biden at times to spend sky-high sums, sometimes even more than the president himself says he supports, arguing that they have a political mandate to pursue vast economic change.

Also, let us not forget, lowering the age of Medicare eligibility is also exquisitely good policy. It creates a 25% savings right off the back.

But health-care revisions are likely to present a significant challenge, threatening to open rifts not just between the two parties but within the Democratic caucus itself. In an early sign of trouble, Sen. Joe Manchin III (D-W.Va.) told The Washington Post on Wednesday that he opposes expanding Medicare eligibility even as he supports broader adjustments to the Affordable Care Act.

Of course Manchin opposes expanding Medicare.  He’s an evil hypocrite.

………

For many Democrats, the most enticing target is Medicare, as they try to deliver on their 2020 campaign promises to make health insurance affordable and available. Biden himself endorsed a policy report after the party’s presidential primaries — part of a “unity” effort among Democratic contenders, including Sanders — that called for lowering the Medicare enrollment age and expanding the health services it covers.

Make Manchin vote against this.  Make Sinema vote against this.  Make the rest of them vote against Medicare expansion.

Make them pay the cost for being narcissistic amoral assholes.

A Good Start

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One of the problems with privacy is that law-enforcement uses private actors to collect personal information to collect data which it would otherwise be constitutionally forbidden from doing.

Senator Ron Widen has introduced the 4th Amendment is not for Sale Act to forbid this.

It’s nice, but the bill should be expanded to the point where Peter Thiel’s Palantir is driven out of business:

Federal agencies have taken advantage of legal loopholes to collect massive amounts of personal information from cell phone and internet users without congressional or judicial authorization for years, but that practice is being challenged by a bipartisan and bicameral group of lawmakers who introduced legislation on Wednesday that would prevent the U.S. government from buying individuals’ information from data brokers without a court order.

Led by Sen. Ron Wyden (D-Ore.), a group of 20 senators introduced the Fourth Amendment Is Not For Sale Act (pdf) in the upper chamber of Congress. Reps. Jerry Nadler (D-N.Y.) and Zoe Lofgren (D-Calif.) also unveiled an equivalent bill in the House.

By closing major loopholes in federal privacy laws—including the Electronic Communications Privacy Act and the Foreign Intelligence Surveillance Act—the newly proposed legislation seeks to protect everyone in the U.S. from unlawful searches and seizures, one of the key civil liberties spelled out in the Bill of Rights.

In a press release (pdf), the lawmakers said that “while there are strict rules for consumer-facing companies—phone companies like AT&T and Verizon and tech companies like Google and Facebook—loopholes in the law currently permit data brokers and other firms without a direct relationship to consumers to sell Americans’ private information to the government without a court order.”

………

The Fourth Amendment Is Not For Sale Act would require law enforcement agencies to obtain a court order before accessing data about people through third-party brokers that “aggregate and sell information like detailed user location data, surreptitiously gathered from smartphone apps or other sources,” The Verge reported Wednesday.

As Free Press Action explained, the bill would also prevent “police and intelligence agencies from buying data on people if the information was obtained from a user’s account or device, or via deception, hacking, violations of a contract, privacy policy, or terms of service.”

In addition, the bill would close loopholes that enable the national security state to buy metadata about U.S. residents’ international calls, texts, and emails, and to collect records about their web browsing of foreign websites. While this is information that would typically require a warrant to access, the intelligence community has found ways to circumvent the Fourth Amendment, routinely violating individuals’ constitutional rights in the process.

Call your Congress Critters and tell them to support the bill.

Not only will it force elements of the state security apparatus to behave more ethically, but it will also take money out of the pickets of the data brokers.

H/t naked capitalism.

Every Single Damn Obituary Relegates His Greatest Accomplishment to the 3rd Paragraph

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Former Senator and Vice President Walter Mondale died last night, and every single obituary downplays his role in passing the fair housing act. 

He sponsored the bill, and got it through the senate after years of effort.

The above link does not even mention the Fair Housing Act, relegating it to the throw away line describing him as a, “Champion of such liberal causes as open housing and anti-poverty programs.”

And his whole life is reduced to, “The guy wot got destroyed in the 1984 Presidential election.”

This is a disgrace.

Whiskey Tango Foxtrot?

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Just when you thought we were done with this crap, some knife weilding maniac crashes a barrier in front of the Congress, killing a Capitol Policeman.

To paraphrase Samuel L. Jackson, “I’m sick of these motherf%$#ing nuts, attacking the motherf%$#ing Congress.”

There needs to be an intense focus by law enforcement on the violent movements in the United States, and it needs to start with an aggressive effort to get said violent extremists out of law enforcement in the United States:

The band of razor wire-topped fencing around the Capitol had recently come down. The heavy National Guard presence had begun to thin.

But on Friday, not quite three months after the deadly Jan. 6 riot at the Capitol, a car came careening midday onto the Capitol grounds, slamming into two Capitol Police officers and leaving one of them dead and the other injured.

This time, the source of the violence was not an angry pro-Trump mob, but a lone driver, armed with a knife, who had recently told friends he had left his job and had “afflictions.” After crashing his car and menacing officers, he was shot and killed.

“It is with a very, very heavy heart that I announce one of our officers has succumbed to his injuries,” Yogananda D. Pittman, the acting Capitol Police chief, said during a news conference near the scene. “This has been an extremely difficult time for U.S. Capitol Police, after the events of Jan. 6 and now the events that have occurred here today.”

The attacker “exited the vehicle with a knife in hand” and began “lunging” at the officers, Ms. Pittman said. The suspect was subsequently identified by a senior law enforcement official as Noah R. Green, 25.

It appears that Mr. Green was NOI, and not a right wing nationalist, but the increasing violence related to various extremest movements needs to be addressed sooner rather than later.  (I will not be offering an opinion as to the right-left positioning on NOI, it’s confusing)

It’s OK if You Are a Republican (IOKIYAR)

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Remember disgraced former Missiouri Governor Eric Greitens>?

He resigned after credible allegations emerged of rape, blackmail, and other sexual misconduct with hid hair stylist.

In fact, impeachment proceedings had begun by the time he resigned.

Well now, he is looking to run for the US Senate to replace retiring Senator Roy Blunt.

He seems to think that the aforementioned crimes just don’t make a difference, talk about chutzpah:

Former Missouri Republican Gov. Eric Greitens on Monday announced a bid to replace retiring Sen. Roy Blunt (R-Mo.).

Greitens’s announcement came nearly three years after he resigned as governor amid mounting scandals, including allegations that he photographed a woman nude without her consent in an effort to conceal an extramarital affair.

Despite the scandals, Greitens has floated a Senate bid for weeks, even before Blunt announced his retirement earlier this month. On Monday, he made his decision official.

“I have been so encouraged by the people of Missouri that I am happy to announce tonight that I am running for the United States Senate to continue serving the people of Missouri,” Greitens told Fox News’s Bret Baier.

 Also, he is a Jew, so in addition to being a narcissistic psychopathic megalomaniac, he is a, “Shanda fur die Goyim,” an embarrassment to Jews around the world for his behavior.

It makes him a perfect Republican though.

How Could We Tell?

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Mitch McConnell is threatening to be completely obstructionist if the Democrats make any change to the filibuster. 

We saw how he behaved 2009-2016, and how he has behaved this far this year, so I don’t think that he has a claim to have engaged in any good faith dealing during his entire career. 

Does the phrase, “The single most important thing we want to achieve is for President Obama to be a one-term president.,” ring a bell?

Mitch McConnell and good faith are as distantly related as Richard Feynman and a slime mold.*

As I am wont to say, F%$# him with Cheney’s dick:

The fight over the Senate filibuster escalated sharply on Tuesday, as President Biden for the first time threw his weight behind changing the rules even as Senator Mitch McConnell, the Republican leader, threatened harsh reprisals if Democrats moved to weaken the procedural tactic.

In an interview with ABC News, Mr. Biden gave his most direct endorsement yet of overhauling the filibuster, saying that he favored a return to what is called the talking filibuster: the requirement that opponents of legislation occupy the floor and make their case against it.

“I don’t think that you have to eliminate the filibuster; you have to do it, what it used to be when I first got to the Senate back in the old days,” the president said. “You had to stand up and command the floor, and you had to keep talking.” The comments were a significant departure for Mr. Biden, a 36-year veteran of the Senate who has been frequently described by aides as reluctant to alter Senate procedure.

………

Mr. Biden’s comments came as Mr. McConnell issued his stark warning and as the president’s allies on Capitol Hill began building a public case for the elimination of the tactic.

After Senator Richard J. Durbin of Illinois, the No. 2 Senate Democrat, called for changes to reduce its power, Mr. McConnell, of Kentucky, bluntly promised a “scorched earth” response and pledged to grind the Senate to a standstill and derail Mr. Biden’s agenda if Democrats took that step.

“Everything that Democratic Senates did to Presidents Bush and Trump, everything the Republican Senate did to President Obama, would be child’s play compared to the disaster that Democrats would create for their own priorities if — if — they break the Senate,” Mr. McConnell said.

………

Seeking to slow Democrats and get the attention of the White House, Mr. McConnell was adamant that Republicans would tie the Senate into knots in retaliation if they took the step. He made his declaration after Mr. Durbin, a respected veteran of the institution, had said on Monday that it was time to stop allowing the minority party to routinely block legislation by requiring a three-fifths majority to advance most bills. It was the most explicit call yet by a Democrat leader to take action.

McConnell is already tying the institution in knots.  He cannot do any more evil than he is already doing now, and as such, he is at absolutely no risk of being gleeped by the Todal.†

Mr. Durbin noted that it was Mr. McConnell who institutionalized the use of the filibuster, which historically had been used rarely before the Kentuckian was in charge. Mr. Durbin said the procedural weapon was a particularly sore point for him, since it is has for two decades prevented Democrats from enacting the so-called Dream Act, a popular bipartisan bill that he wrote that would create a path to legal status for undocumented immigrants brought into the United States as children. Though it has majority support, it has never been able to clear the 60-vote threshold.

………

In his comments, Mr. McConnell threatened that Republicans would turn the rules against Democrats and try to make it virtually impossible to do anything in the Senate if they proceeded with the change. He referred to the fact that the chamber operates under arcane rules often bypassed through what is known as a unanimous consent agreement where no senator objects. If Democrats plunged ahead to gut the filibuster, he warned, Republicans would deny consent even on the most mundane of matters, effectively bogging down the Senate.

“Let me say this very clearly for all 99 of my colleagues,” Mr. McConnell said. “Nobody serving in this chamber can even begin — can even begin — to imagine what a completely scorched earth Senate would look like — none. None of us have served one minute in a Senate that was completely drained of comity, and this is an institution that requires unanimous consent to turn the lights on before noon.”

Yes we can, because you have been making it so for decades.

To the degree that Mitch McConnell sheds tears over any change to the filibuster, I will use them to salt my soup.

*Yes, I AM aware that I am probably insulting slime molds.
†The Todal is a punishment sent by the Devil to punish evildoers for not doing sufficient evil. Read James Thurber’s The 13 Clocks. It is a masterpiece.

Some Foresight Here

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I did not expect the Democrats to insert a section into the stimulus bill preventing states from cutting taxes with relief money, but this is what they did.

I guess that they have enough experience in dealing with Republican ideology to realize that giving money to states would be subject to sabotage otherwise:

A last-minute change in the $1.9 trillion economic relief package that President Biden signed into law this week includes a provision that could temporarily prevent states that receive government aid from turning around and cutting taxes.

The restriction, which was added by Senate Democrats, is intended to ensure that states use federal funds to keep their local economies humming and avoid drastic budget cuts and not simply use the money to subsidize tax cuts. But the provision is causing alarm among some local officials, primarily Republicans, who see the move as federal overreach and fear conditions attached to the money will impede upon their ability to manage their budgets as they see fit.

………

Under the new law, $25 billion will be divided equally among states, while $169 billion will be allocated based on a state’s unemployment rate. States can use the money for pandemic-related costs, offsetting lost revenues to provide essential government services, and for water, sewer and broadband infrastructure projects.

But they are prohibited from depositing the money into pension funds — a key worry of Republicans in Congress — and cannot use funds to cut taxes by “legislation, regulation or administration” through 2024.

………

Senator Joe Manchin III, Democrat of West Virginia, explained why he pushed for the language in a briefing this week, arguing that states should not be cutting taxes at a time when they need more money to combat the virus. He urged states to postpone their plans to cut taxes.

It sounds like Joe Manchin, for once, did something useful.  (You could knock me over with a mackerel)

Still, the tax language has angered Republicans — none of whom voted for the rescue package — and on Thursday, Senator Mike Braun, Republican of Indiana, introduced legislation to reverse it.

Oh, you poor delicate snowflakes.