Category: Congress

This is a Very Good Idea

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For many years, the Department of Defense’s spending has been so byzantine that it has been impossible to conduct a meaningful audit of their spending.

a bipartisan group of Senators has put forward a bill that would strip the Pentagon of authority if this situation continues:

A bipartisan group of senators has introduced legislation that would impose penalties on the Defense Department if the agency fails meet a legally mandated goal of being fully auditable by September 2017.

The bill – sponsored by Republican Sens. Ted Cruz (Texas) and Rand Paul (Ky.) and Democrats Joe Manchin (W.Va.) and Ron Wyden (Oregon) – calls for increased oversight every year the department fails to meet the target and would eventually strip the Pentagon’s ability to reprogram and transfer funds between its accounts.

“One of best ways to find the most accurate information about our military’s spending and priorities is to shed light on the Department of Defense budget without jeopardizing our national security secrets,” Manchin, a member of the Senate Armed Services Committee, said in a statement.

“It is simply unacceptable that the Department of Defense is the only major federal agency that has not completed a financial audit. Our bill will help to solve that problem,” he added.

Since 1997, the Government Accountability Office (GAO) has been required to audit the federal government’s consolidated financial statements, but the watchdog agency has repeatedly said its reviews of the Pentagon are not based on accurate data.

In 2010, it was determined that nearly $6 billion spent to improve the agency’s financial information was unsuccessful and GAO could not predict when the DOD would be able to provide these financial statements.

Considering that the volume of inefficiency, incompetence, and malfeasance in the Pentagon dwarfs that of the rest of the government, it’s a step in the right direction.

The defense budget, and particularly the portion dealing with procurement, is a complete mess.

Astonishingly Chickensh%$

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Illinois representative Aaron Schock, a rising star who faces several ethics inquiries into expensive trips and an elaborately decorated Downton Abbey-themed office, will resign from Congress, Politico reported on Tuesday.

………

“Today, I am announcing my resignation as a Member of the United States House of Representatives effective March 31,” Schock said in a statement to Politico. “I do this with a heavy heart. Serving the people of the 18th District is the highest and greatest honor I have had in my life. I thank them for their faith in electing me and letting me represent their interests in Washington. I have given them my all over the last six years. I have traveled to all corners of the District to meet with the people I’ve been fortunate to be able to call my friends and neighbors.”

………

Schock’s fall from grace began with a seemingly harmless report in the Washington Post that his office on Capitol Hill was decorated in the likeness of a room in the PBS drama Downton Abbey.

But when Schock refused to answer questions about the office, questions quickly surfaced over whether he had violated congressional ethics rules.

………

The final blow appeared to occur on Monday, when details surfaced of a sweetheart property deal Schock purportedly received from a group of his campaign donors. The report claimed that a shell company linked to Schock paid $300,000 to a political donor for a warehouse in Peoria, Illinois, and subsequently took out a $600,000 mortgage on the property from a local bank also run by Schock donors.

His downfall was dropping 40 grand on an Edwardian interior decorating?

Seriously. You cannot make this up.

It Looks Like the Blowback from Patent Overreach Continues………

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We are now seeing venture capitalists and other movers and shakers coming down hard on patent trolls:

What’s the biggest difference between the letter about patent trolls that prominent VCs sent to Congress in 2013 and the letter (PDF) they sent out today? Four times as many names.

In total, 140 investors in startup companies have signed a letter to Congress asking them to implement changes to patent laws that have been debated for more than two years now. The move looks to keep one important fact front-and-center: “patent trolls,” companies in the business of suing over patents, aren’t just a plague for tech giants—they are a huge problem for medium- and small-sized companies as well.

“When a troll sues, or even threatens, a small startup, the results can be disastrous,” the letter states. “Many of us have seen young companies fail in the face of such threats.”

Among venture capital investors, 70 percent say their portfolio companies have been hit with patent threats, mostly from trolls. It’s a situation which the letter calls “not sustainable.” The letter continues:

Our Constitution favored a patent system to incentivize innovation and benefit all Americans. Unfortunately that system has been hijacked by some intent on exploiting Patent Office weakness, and all too frequently it now hinders innovation and chills investment, harming the new companies it was designed to foster and imposing a patent troll tax on new technologies.

The letter asks for patent reform legislation that includes provisions for easier fee-shifting, protections for end users of technology, limits on the scope of discovery, and increased transparency requirements. Under such circumstances, the group hopes patent owners would have to include more information in any lawsuits or demand letters they might send.

IP in general, and patents in particular, are a rent seeking behavior that we as a society approve of because of the the effect, as defined by the Constitution, “To promote the Progress of Science and useful Arts,” is considered to be a societal benefit.

This makes IP law public interest law, and until we reevaluate our copyright and patent regimes through this lens, we are going to end up with parasites like NTP and Intellectual Ventures sapping innovation and vitality ad infinitum.

The Stupid, It Burns Us!!!!

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Too True

Tehran Tom took his case directly to the Iranian government
— Jared Polis (@jaredpolis) March 10, 2015

Thank you Congressman Polis. You have described Tom Cotton perfectly.


Geography 101: Tehran is the capital of Iran

The Iranian response

In an interview with Bob Schieffer on Face the Nation,. “Tehran” Tom Cotton said that the Iranian regime cannot be trusted because, they already control Tehran: (Vid at link)

SCHIEFFER: What do you want to happen here? What is your alternative here? Let’s say that the deal falls through. Then what?

 COTTON: Well, as Prime Minister Netanyahu said, the alternative to a bad deal is a better deal.

 The Iranians frequently bluff to walk away from the table. If they bluff this week, call their bluff. But Congress stands ready to impose much more severe sanctions. Moreover, we have to stand up to Iran’s attempts to drive for regional dominance. They already control Tehran. Increasingly, they control Damascus and Beirut and Baghdad, and now Sanaa as well.
They do all that without a nuclear weapon. Imagine what they would do with a nuclear weapon.

Seriously?!?!?!?

The distinguished gentleman from Arkansas is suggested that theIranians have seized control of Tehran?

Next, he will say that the British have seized control of London, or that Mexico controls Mexico City, or that Arkansas has cornered the market on blithering idiots.

OK, that last one is true: In electing Tom Cotton to the Senate, the voters of Arkansas have clearly cornered the market on blithering idiots, as evidenced by their election of “Tehran” Tom Cotton to the Senate.

When did Evan Bayh Piss in Ezra Klein’s Cheerios?

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I’m not sure when Ezra Klein decided that Evan Bayh done him wrong, but his latest in the Washington Post, titled, “The sad, hypocritical retirement of Evan Bayh, which details the former Senator going deep into the K-Street lobbying scene:

………

But Bayh did not return to Indiana to teach. He did not, as he said he was thinking of doing, join a foundation. Rather, he went to the massive law firm McGuire Woods. And who does McGuire Woods work for? “Principal clients served from our Washington office include national energy companies, foreign countries, international manufacturing companies, trade associations and local and national businesses,” reads the company’s Web site. He followed that up by signing on as a senior adviser to Apollo Management Group, a giant public-equity firm. And, finally, this week, he joined Fox News as a contributor. It’s as if he’s systematically ticking off every poison he identified in the body politic and rushing to dump more of it into the water supply.

………

In our last interview, Bayh complained of the poor opinion the public had of him and his colleagues. “They look at us like we’re worse than used-car salesmen.” Yes. They do. And this is why.

It’s taken Mr. Klein at least 4 years to recognize Bayh as a self absorbed snake oil salesman peddling himself.

I had this figured out well before his abortive 2008 Presidential run.

Still, I wonder why Klein finally notices.

Sedition Anyone?

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A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration won’t last after Obama leaves office.

 Organized by freshman Senator Tom Cotton and signed by the chamber’s entire party leadership as well as potential 2016 presidential contenders Marco Rubio, Ted Cruz and Rand Paul, the letter is meant not just to discourage the Iranian regime from signing a deal but also to pressure the White House into giving Congress some authority over the process.

 “It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system … Anything not approved by Congress is a mere executive agreement,” the senators wrote. “The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”

Foreign policy scholar Daniel Dresner notes that this goes well past what is garden variety trolling by political partisans: (And yes, he uses the world “troll”)

Now, on the one hand, I get what Senate Republicans are trying to do here. They don’t like the contours of the deal that’s being negotiated, and they really don’t like Barack Obama’s enthusiasm for bypassing a truculent Congress via executive actions on Iran. So if the Senate GOP can signal to Iranians that an executive agreement isn’t that much of a credible commitment device, maybe they can scuttle a deal they dislike with the white-hot passion of a thousand suns. It’s certainly a better gambit than, say, this ad.

That said, there are still a few confusing aspects about this. First, there’s the question of the law. I don’t think an open letter from members of the legislative branch quite rises to Logan Act violations, but if there’s ever a trolling amendment to the Logan Act, this would qualify.

For those of you who are not up on obscure federal legislation, the Logan Act was passed in 1799(!) and makes it a felony for private citizens to “freelance” in American diplomatic relations:

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

So, Nixon queering the peace talks with Vietnam in 1968 would qualify as well, but let’s be clear, no one is going to be prosecuted over this, any more than someone would be prosecuted under the Alien and Sedition acts, which were passed in 1798.   (Most of them have expired, anyway)

They also got schooled by the Iranian FM over the finer points of international law:

Iranian foreign minister and the country’s Chief nuclear negotiator said the recent open letter by a group of Republican senators about Iran’s nuclear talks has no legal value and is just a propaganda ploy.

Asked about the open letter of 47 US Senators to Iranian leaders, the Iranian Foreign Minister, Dr. Javad Zarif, said, “In our view, this letter has no legal value and is mostly a propaganda ploy. It is very interesting that while negotiations are still in progress and while no agreement has been reached, some political pressure groups are so afraid even of the prospect of an agreement that they resort to unconventional methods, unprecedented in diplomatic history. This indicates that like Netanyahu, who considers peace as an existential threat, some are opposed to any agreement, regardless of its content.”

Zarif expressed astonishment that some members of US Congress find it appropriate to write to leaders of another country against their own President and administration. He pointed out that from reading the open letter, it seems that the authors not only do not understand international law, but are not fully cognizant of the nuances of their own Constitution when it comes to presidential powers in the conduct of foreign policy.

Foreign Minister Zarif added, “I should bring one important point to the attention of the authors and that is, the world is not the United States, and the conduct of inter-state relations is governed by international law, and not by US domestic law. The authors may not fully understand that in international law, governments represent the entirety of their respective states, are responsible for the conduct of foreign affairs, are required to fulfil the obligations they undertake with other states and may not invoke their internal law as justification for failure to perform their international obligations.”

The Iranian Foreign Minister added that “change of administration does not in any way relieve the next administration from international obligations undertaken by its predecessor in a possible agreement about Iran’s peaceful nuclear program.”

“I wish to enlighten the authors that if the next administration revokes any agreement with ‘the stroke of a pen,’ as they boast, it will have simply committed a blatant violation of international law.”

He emphasized that if the current negotiation with P5+1 result in a Joint Comprehensive Plan of Action, it will not be a bilateral agreement between Iran and the US, but rather one that will be concluded with the participation of five other countries, including all permanent members of the Security Council, and will also be endorsed by a Security Council resolution.

Zarif expressed the hope that his comments “may enrich the knowledge of the authors to recognize that according to international law, Congress may not ‘modify the terms of the agreement at any time’ as they claim, and if Congress adopts any measure to impede its implementation, it will have committed a material breach of US obligations.”

It’s one thing to suggest that an agreement is not valid without Congressional approval,* it’s another to directly conduct the other side in a diplomatic dispute and explicitly state the the word of the US government is meaningless.

47 members of the US Senate, particularly freshman Senator Tom Cotton have one off the f%$#ing deep end.

Welcome to today’s Republican Party, I guess.

*In this case, it appears to have been conducted under the auspices of the UN Security Council, and it appears that it will be approved by the UN Security Council, so there is room for disagreement there, which would suggest that a Security Council vote would be required to amend or abrogate the deal, and not Congress.†
†Yes, I understand how many of the black helicopter one world government nutjobs in Congress would find this objectionable, but f%$# then.  They are stupid and bat sh%$ insane.

Rachel Maddow is Wrong, and the Senate Republicans are Right

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She ascribes the delays in her nomination purely to animus on the part of Republicans.

While I agree that the bulk of the opposition is driven by hatred and political expedience, but we also need to look at what the Republicans are actually saying, and the history of the Obama administration’s approach to corruption in the finance industry.

The stated reason given by Republicans to oppose Lynch is her role in what is clearly a laughable settlement with HSBC over money laundering and tax evasion, and I would argue that Obama’s selection of Ms. Lynch is likely to have been driven (at least in part) by her cozy relationship with the Banksters.

It is clear that Barack Obama is determined not to have a meaningful accounting of Wall Street criminality:

Senate Republicans are seizing on the global tax scandal engulfing HSBC to delay the confirmation of Loretta Lynch, Barack Obama’s nominee for attorney general, the Guardian can reveal.

The Republican chairman of the Senate judiciary committee, Chuck Grassley, was on Friday preparing a fresh tranche of questions for Lynch about the huge cache of leaked data showing how HSBC’s subsidiary helped conceal billions of dollars from domestic tax authorities.

Grassley and another Republican senator are planning to investigate whether Lynch could have done more to stand up to the world’s second largest bank.

Lynch negotiated a controversial settlement with HSBC in 2012, after the bank admitted to facilitating money-laundering by Mexican drug cartels and helping clients evade US sanctions.

Now there are questions over why she did not also pursue HSBC over evidence that its Swiss arm helped US taxpayers hide their assets.

The secret bank files – obtained and examined in detail this week in a series of reports by the Guardian, CBS 60 Minutes and other media outlets – reveal that HSBC’s Swiss arm colluded with some high net-worth individuals to hide their assets from tax authorities across the world.

The new data, leaked by a whistleblower, was obtained by French tax authorities and shared with the US government in 2010, raising questions over why the Department of Justice has yet to take action against HSBC in the US.

It’s a legitimate question, particularly since HSBC’s acts have been egregious enough to lead Swiss law enforcement to raid HSBC.

Considering the degree to which secrecy, and tax evasion, have been central to the business of Swiss banking, the fact that they have initiated a criminal investigation, and that the US Department of Justice has not, is telling.

It should be noted that Lynch claimed that she did not have sufficient evidence for criminal prosecutions, but as Empty Wheel notes, “Sure, she and her prosecutors were unable to find the evidence in Carl Levin’s gift-wrapped case. But trust her, she seems to be saying, she might one day see fit to charge some warm bodies with fraud if she’s confirmed.”

Note that there are now allegations that HSBC gave material support to terrorists.

Headline of the Day

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The rolling disaster of John Boehner’s speakership

Here is the last ‘graph and money quote:

So on the whole, Boehner is managing to combine legislative incompetence with PR incompetence. He’s already sure to be known as one of the weakest speakers in American history, for at least some reasons that are out of his control. But he might also be known as one of the least effective. Perhaps no one could have done a better job in his place, but since no other Republican seems to want the job, we may never know.

This is the Washington Post, so it’s the very definition of a mainstream assertion.

I am not sure why he has remained speaker, he has failed the most basic job of that role, the ability to count votes, repeatedly.

I gotta figure that Boehner has convinced everyone on the Republican side of the aisle that speaker is the worst job in the world.

Considering his record, it’s clear that he has certainly shown that it is an awful job.

He may have screwed up in reverse.

It Really Sucks to be Bibi Right Now

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And now, the head of the ADL has called for Netanyahu to cancel his speech before Congress.

It really does not get any more mainstream in Jewish American politics than the Anti-Defamation League:

As the controversy surrounding Benjamin Netanyahu speech to Congress reaches new heights, one of the Jewish community’s top leaders is calling on the Israeli prime minister to stay home.

 Abraham Foxman, national director of the Anti Defamation League said that the political uproar ignited by Netanyahu’s invitation to speak to a joint meeting of Congress makes such a move unhelpful and therefore it should be scrapped.

 “It’s a tragedy of unintended consequences,” Foxman told the Forward, describing how the idea of presenting Israel’s view on Iran spiraled out of control, reaching even the Jon Stewart show, a step, Foxman said, that “turned the whole thing into a circus.”

 “One needs to restart, and it needs a mature adult statement that this was not what we intended,” Foxman told the Forward. He said that going ahead as planned with the speech would be counter-productive, with all attention given to the political controversy rather than to the issue at stake. “It has been hijacked by politics,” Foxman said. “Now is a time to recalibrate, restart and find a new platform and new timing to take away the distractions.”

 Foxman noted that he does not dispute the seriousness of the Iranian nuclear issue and that he agrees with Netanyahu on the need to strengthen sanctions against Tehran, but he argued that recent events have derailed the initial intention of Netanyahu’s address to Congress.

 Among the potential alternatives mentioned by Foxman for Netanyahu’s congressional speech were coming to Washington only for the AIPAC conference, postponing his address until after the March 17 elections in Israel, or expressing his concerns over the emerging Iran deal in direct conversations.

This is a polite way of telling Netanyahu to STFU, and I don’t recall the ADL EVER rebuking an Israeli PM so strongly.

Boehner saw it as a way of embarrassing Obama, and Netanyahu saw it as a way of boosting his own electoral prospects, and it looks like they are 0 for 2.
It is so good to see this blowing up in the faces of those weasels (Boehner and Netanyahu).

How Bibi Pulled Defeat from the Jaws of Victory

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So, John Boehner invites Israeli PM Benyamin Netanyahu to speak before Congress without consulting Obama, and what’s more, he does it a few weeks before Israeli elections.

I’m sure that he expected to jack Democrats up over this, and force them to choose between rebuking what is a clear violation of protocol or demonstrating support for the Jewish state.

It turns out that the choice for Democrats was not difficult, and they chose to make the House Speaker look like a complete prat:

Israeli Ambassador Ron Dermer and Knesset Speaker Yuli Edelstein rushed to meetings on Capitol Hill on Wednesday trying to calm a furor created by Prime Minister Benjamin Netanyahu’s planned speech to Congress next month and quell a Democratic revolt that has dozens threatening a boycott.

 It didn’t work.

 If anything, Democrats finished the day more frustrated. According to a source in the room, one Jewish Democratic member of Congress even accused Dermer of being insincere when he claimed not to have anticipated the partisan uproar he’d ignite when he skirted protocol and went around the White House and scheduled the speech only with House Speaker John Boehner.

 White House press secretary Josh Earnest, meanwhile, dangled the possibility that the White House would have Vice President Joe Biden skip the speech in what the West Wing acknowledges would be a serious snub.

Actually, the possibility is now a certainty.

Biden has officially announced that he will not attend the speech, and at least a dozen other Dems who appear to be busy washing their hair at that time as well.

It’s gotten so bad that Netanyahu is trying to walk back his diss of Obama:

A senior Israeli official suggested on Friday that Prime Minister Benjamin Netanyahu had been misled into thinking an invitation to address the U.S. Congress on Iran next month was fully supported by the Democrats.

Netanyahu was invited by the Republican speaker of the house, John Boehner, to address Congress on March 3, an invitation Boehner originally described as bipartisan.

The move angered the White House, which is upset about the event coming two weeks before Israeli elections and that Netanyahu, who has a testy relationship with Democratic President Barack Obama, is expected to be critical of U.S. policy on Iran.

“It appears that the speaker of Congress made a move, in which we trusted, but which it ultimately became clear was a one sided move and not a move by both sides,” Deputy Israeli Foreign Minister Tzachi Hanegbi told 102 FM Tel Aviv Radio on Friday.

The interviewer asked if that meant Netanyahu had been “misled” into believing Boehner’s invitation was bipartisan, a characterization Hanegbi did not contest.

Asked whether the prime minister should cancel or postpone the speech, Hanegbi said: “What would the outcome be then? The outcome would be that we forsake an arena in which there is a going to be a very dramatic decision (on Iran).”

To be fair, Bibi is not just dissing the President, he is also trying to sabotage the Iranian nuclear negotiations, and he is also trying to make political hay of this just before elections for the Knesset.

It now looks like both Boehner and Netanyahu will both look like intemperate fools, and if anything this controversy will hurt the chances of the Likud in the upcoming elections.

If Republicans Want to Impeach Obama, This Would Be a Good Starting Point

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Buried in the report about the CIA hacking the Senate Intelligence Committee computers is a report that the White House approved explicitly approved these actions against congressional oversight:

According to a report by the CIA Inspector General, the White House was informed of the CIA’s plan to hack US Senate computers to discover what was going to be in the Senate Torture Report. CIA Director John Brennan met with White House chief of staff Denis McDonough then ordered CIA employees to “use whatever means necessary” to find out what Senate investigators knew.

Given the White House’s role in the illegal hacking of Senate computers it becomes obvious why the Justice Department headed by President Obama-appointed Attorney General Eric Holder is not likely to bring charges against the CIA – charges against the CIA could lead back to the White House.

The specific content of the conversation between Brennan and McDonough is not disclosed but after the conversation Brennan instructed his subordinates at the CIA to trash the Constitution and engage in espionage activity against the US Senate.

If the Congress can show that Obama knew about this, you have a deliberate attempt to subvert Congressional oversight and the separation of powers enshrined in the Constitutions.

If they go after him on this, it’s actually a decent case.

Of course, the most likely he was willfully blind, much as Reagan was with Iran Contra, which most certainly an impeachable offense, even if the Democrats didn’t have the stones to go there.

In fact, it could be argued that from a constitutional perspective, spying on the Senate oversight committee is worse.

In any case, it’s a lot worse than getting a blow job from an intern.

A Classic Case of Trotskyite Thinking

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My experience with Trotskyites, and I’ve had more than I would have preferred, having a liberal Jewish mom who grew up in New York,* is that their beliefs are impervious to facts.

When the facts don’t cooperate, you change the facts.

Well, an interesting fact is that pretty much everyone among the founders of Neoconservatism, except William F. Buckley, started off as Trotskyites.

While their beliefs had changed, their way of thinking remains in a similar form, and has infested conservatism more generally.

Case in point, the Republicans are about to introduce funny math at the Congressional Budget Office: (CBO)

After the drama of electing a new speaker of the House and the changing of control in the Senate, the House on Tuesday approved an obscure but significant rule change requiring the economic effects of legislation to be included in a bill’s official cost to the Treasury.

The change on “dynamic scoring” — ardently sought since the 1990s by Republicans — could ease passage of major tax cuts by showing that their impact on economic growth would substantially reduce their cost to the Treasury. The move is widely seen as a way for Republican leaders to set ground rules for an ambitious overhaul of the entire United States tax code.

Democrats blasted the change as “voodoo economics,” a “gamble” and “tax fraud.” Opponents said the rule change would invite politicized scorekeeping, further tilt policy to benefit the rich, and expand the budget deficit. Shaun Donovan, the White House budget director, implored the House not to “upend the level playing field that has existed for decades” and “call into question the accuracy, consistency and fairness” of congressional budget estimates.

“The basic problem remains that macroeconomic work is useful in the laboratory but not in the field,” said Edward D. Kleinbard, a law professor at the University of Southern California and a longtime chief of staff at the congressional Joint Committee on Taxation, which officially tallies the cost of tax proposals. “The models are too simplistic and the range of the possible outcomes so great that it opens the process to too much in the way of political intuitions.”

Also, I would note that we had a 12 year experiment with the Laughable (Laffer) Curve, under Reagan and Bush, where the deficit exploded, and where average GDP growth was less than under Carter or Clinton. (Link)

And then there is the disaster that is Sam Brownback’s Kansas.

But like any good Trotskyite, the Republicans are not going to allow facts to get in the way of their theories.

*In fact, my older brother, AKA Bear who Swims, had a teddy bear named Bronny bear, named after Lev Davidovich Bronshtein.†
†Don’t ask him about it. The loss of the bear in the Juneau Alaska airport is one of the great traumas of his life.‡
‡FWIW, no, Stephen is not a Trotskyite. If anything he is more disdainful of those idiots than I am.

Obama Must Hate Warren Right Now

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Elizabeth Warren’s campaign against Wall Street insider Antonio Weiss’ nomination for undersecretary for domestic finance for the US Treasury is picking up steam:

Under pressure from progressive groups to reject Wall Street influence, three more Senate Democrats yesterday turned against the nomination of Antonio Weiss for a senior post at the U.S. Treasury Department.

President Barack Obama’s choice of Weiss, an investment banker at Lazard Ltd. (LAZ), has put him at the center of an ideological fight within the Democratic Party over the finance industry’s clout in Washington.

The attacks are coming from Democrats who say the Obama administration relies too much on Wall Street veterans to fill important regulatory posts. They are criticizing Weiss, in particular, for his role in engineering tax-lowering inversion deals for U.S. companies.

The opposition yesterday from Joe Manchin of West Virginia, Jeanne Shaheen of New Hampshire and Al Franken of Minnesota further complicates the nomination for the administration and Democratic leaders. After defending Weiss’s Democratic bona fides and accepting his campaign contributions, they’ll have to turn to Republicans to get him into office.

“This fits the administration’s pattern of choosing Wall Street insiders to senior policy positions instead of those with strong consumer protection or community bank and credit union experience,” Manchin said on the Senate floor yesterday.

There are now note enough Democratic votes to 

Neither Shaheen nor Manchin are representatives of the “Democratic Wing of the Democratic Party,” and the fact that they are bucking the President is a big deal.

It appears that the idea that someone who has no background in domestic finance is a good selection for the undersecretary for domestic finance, simply because they are a big Democratic donor, and they have a background in the financial industry is no longer as universally held as it used to be.

It also appears that people are finally getting the idea that multimillion dollar payouts from the financial industry for people who go into government service is implicitly corrupt.

Good.

Any discomfort that Barack Obama might experience because a portion of the Democratic Party has realized that he is Wall Streets biggest fan is well deserved.

We Finally Got the Torture Report. It is Actually a Bit Worse than I Expected.

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Understand that we are talking about an executive summary (PDF) that spans 525 pages(!), and I have not read it in detail.

But here are the basic points from the report:

  1. The CIA’s use of “enhanced interrogation techniques” was not an effective means of acquiring intelligence or gaining co-operation from detainees.
  2. The CIA’s justification for the use of its enhanced interrogation techniques rested on inaccurate claims of their effectiveness.
  3. The interrogations of CIA detainees were brutal and far worse than the CIA represented to policymakers and others.
  4. The conditions of confinement for CIA detainees were harsher than the CIA had represented to policymakers and others.
  5. The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program.
  6. The CIA has actively avoided or impeded congressional oversight of the program.
  7. The CIA impeded effective White House oversight and decision-making.
  8. The CIA’s operation and management of the program complicated, and in some cases impeded, the national security missions of other executive branch agencies.
  9. The CIA impeded oversight by the CIA’s Office of Inspector General.
  10. The CIA coordinated the release of classified information to the media, including inaccurate information concerning the effectiveness of the CIA’s enhanced interrogation techniques.
  11. The CIA was unprepared as it began operating its Detention and Interrogation Program more than six months after being granted detention authorities.
  12. The CIA’s management and operation of its Detention and Interrogation Program was deeply flawed throughout the program’s duration, particularly so in 2002 and early 2003.
  13. Two contract psychologists devised the CIA’s enhanced interrogation techniques and played a central role in the operation, assessments, and management of the CIA’s Detention and Interrogation Program. By 2005, the CIA had overwhelmingly outsourced operations related to the program.
  14. CIA detainees were subjected to coercive interrogation techniques that had not been approved by the Department of Justice or had not been authorized by CIA headquarters.
  15. The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained, and held individuals who did not meet the legal standard for detention. The CIA’s claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.
  16. The CIA failed to adequately evaluate the effectiveness of its enhanced interrogation techniques.
  17. The CIA rarely reprimanded or held personnel accountable for serious and significant violations, inappropriate activities, and systemic and individual management failures.
  18. The CIA marginalised and ignored numerous internal critiques, criticisms, and objections concerning the operation and management of the CIA’s Detention and Interrogation Program.
  19. The CIA’s Detention and Interrogation Program was inherently unsustainable and had effectively ended by 2006 due to unauthorized press disclosures, reduced cooperation from other nations, and legal and oversight concerns.
  20. The CIA’s Detention and Interrogation Program damaged the United States’ standing in the world, and resulted in other significant monetary and non-monetary costs.

First, I curse the people who jade me agree with John McCain, when he said that he suspected that, “The objection of those same officials to the release of this report is really focused on that disclosure: torture’s ineffectiveness.”

It is the nature of secret organizations to misuse the classification process to avoid embarrassment and for bureaucratic and budgetary infighting.

BTW, John “I Opposed Torture, I Pinkie Swear” Brennan is saying that we should the ignore this document, because torture really worked.

He keeps slicing that bullsh%$, and Barack Obama keeps a swallowing it.

Here are some things have been observed by people who have read the report in more detail than I have been able to yet:

Note the Obama had to be dragged kicking and screaming into releasing this report.

For all of his assertions that the President wants to ensure that this will not happen again, the people who did this, people who were rewarded with promotions and prestige, will suffer no consequences.

We will torture again, and we will do this soon, because people in senior positions at the US state security apparatus are in those positions because they either tortured or facilitated torture.

Fire Brennan.  He supports torture, and he lied to Congress.

Fire Clapper.  He lied to congress.

Pull the security clearances of those involved in the torture program, particularly Jose Rodriguez, for moral turpitude.

Get the contractors out of the intelligence committee.  They are a cancer on an already dysfunctional culture.

“Most Transparent Administration Ever,” my Ass!!!

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So, the administration, via the gentle words of John Kerry, has asked that the unclassified summary of the torture report release be delayed:

Secretary of State John Kerry personally phoned Dianne Feinstein, chairman of the Senate Select Committee on Intelligence, Friday morning to ask her to delay the imminent release of her committee’s report on CIA torture and rendition during the George W. Bush administration, according to administration and Congressional officials.

 Kerry was not going rogue — his call came after an interagency process that decided the release of the report early next week, as Feinstein had been planning, could complicate relationships with foreign countries at a sensitive time and posed an unacceptable risk to U.S. personnel and facilities abroad. Kerry told Feinstein he still supports releasing the report, just not right now.

 “What he raised was timing of report release, because a lot is going on in the world — including parts of the world particularly implicated — and wanting to make sure foreign policy implications were being appropriately factored into timing,” an administration official told me. “He had a responsibility to do so because this isn’t just an intel issue — it’s a foreign policy issue.”

Bullsh%$.

If this gets delayed, then Richard Burr (R-NC) is head of the Senate Intelligence Committee, and the distinguished gentleman from North Carolina has made it clear that he is opposed to any release of any information regarding torture by the committee.

The Obama administration, which has been thoroughly captured by the most repulsive elements of the US state security apparatus, would be fine with that.

Worst Constitutional Law Professor Ever.™

Whiny Loser of the Day

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Mary Landrieu, of course.

I understand that she is upset that she is about to be turfed out of office.

It’s a reasonable feeling.

But if the DSCC were to steal the British Crown Jewels, and pawn them for money to help her campaign, she would still lose, and even if she were to win, the Republicans would still have control of the Senate.

Even so, they let you have your stupid vote on the Keystone bitumen pipeline, so you could kiss oil company ass one last time.

Get over yourself, and start lining up that cushy K Street lobbying job.

The DSCC has done way more for you than you deserve.

Seriously, Charles Schumer is a Boil on the Ass of the Body Politic

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While I am highly dubious that the recent “leadership” position granted to Elizabeth Warren in the Senate, the response of Chuck Schumer to this development was a case study as to why the Democratic Party is seen as hopeless:

When Reid was in talks with Warren about a job in Senate leadership earlier this month, Schumer suggested tapping moderate Sen. Mark Warner, too, to balance out her progressive politics — or perhaps making her a “liaison to liberal groups,” a narrower job than what Reid had proposed, according to sources familiar with the private talks.

Warren, a Massachusetts Democrat, said no to both of Schumer’s suggestions, later taking the job as a policy adviser to Schumer’s messaging operation.

Mark Warner? Seriously?!?!?!

Because somehow or other, Elizabeth Warren is just so scary that Schumer needed for her to be counterbalanced by yet another bland creature of the oligarchs.

This is a Twisted Equivalent of a Japanese Corner Office

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In Japan, a corner office is not a mark of status.

The term is Madogiwa-zoku (窓際 literally”at the window tribe”), and it is a way of cashiering long term loyal employees who have not quite made it to retirement age.

The twisted bit here is the idea of taking a promising person, and giving them a shiny new “Leadership” position as a way of neutering them.

The person in question being taken to the Vet’s is Elizabeth Warren:

Senate Democrats are elevating Sen. Elizabeth Warren (D-MA) to a new leadership position on Thursday. She will help shape policy and messaging for the party.

Warren’s title will be Strategic Policy Advisor to the Democratic Policy and Communications Committee. She will serve as a liaison to liberal organizations, a source familiar with the move confirmed to TPM.

“Senator Warren will be a liaison to the liberal groups in our base to ensure that they have a voice in leadership meetings and discussions,” the source said.

A top Democratic leadership aide told TPM that “the idea was to create a position in leadership for her within the Democratic Policy and Communications Center, which is the messaging and policy “war room” chaired by Senator Schumer and Vice Chair Stabenow.”

This is all about making sure that Warren is not in a position to agitate for changes in the (frequently inept) Senate leadership now, or to be a public voice for economic and financial regulation in 2016 primaries.  (I do not expect her to run, but I can see her being a pain for a Wall Street friendly candidate, like Hillary Clinton.)

Streamlining = Enabling Fraud, Waste, and Inefficiency

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I am very dubious of this proposal to, “streamline military acquisitions.”

Basically, the problem is a lack of adult supervision of either the defense contractors, or the Pentagon, or the resulting revolving door, is the problem with our current system,. not excessive regulation:

The Pentagon and Congress have better odds of reaching agreement on how to streamline myriad overlapping laws that slow the process of buying military equipment and services, a top Defense Department official said.

“I am optimistic,” Andrew Hunter, a former congressional aide who helped draft many of those laws before joining the Pentagon four years ago, told reporters Thursday. He said he saw emerging consensus among industry, lawmakers and defense officials about the need for changes.

Hunter, who runs the Pentagon’s joint rapid-acquisition initiative, also has led a drive to simplify current laws, which Frank Kendall, an arms buyer for the Department of Defense, has said put “an extraordinary and unnecessarily complex burden on our program managers and staff.”

U.S. defense officials have been in talks with congressional committees in the House of Representatives and the Senate, and hope to submit some reform legislation as part of the fiscal 2016 budget process, said Hunter, who is moving to a job with the Center for Strategic and International Studies next month.

“We’ve come up with some proposals that we hope will be favorably received,” he said. Hunter said the goal was to build on some key legislation already in place while giving program managers more flexibility to focus on the main issues.

The Pentagon initiative dovetails with fresh efforts by the House and Senate armed services committees to reform the slow, cumbersome U.S. military acquisition process and reverse years of schedule delays, cost overruns and other challenges.

Sorry, but the problem ain’t excessive regulation, it’s a system which is corrupt and dysfunctional to its core.