Category: Legislation

Good Legislation: Ban on Child Gulags

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Dogemperor at Kos notes that HR 6358 has passed the House, and so will be on its way to the Senate.

This bill would regulate the completely unregulated world of teen “residential treatment facilities”. Among its features:

  • Requires ongoing monitoring of facilities
  • Establishes national database of reports of abuse
  • Requires regular reports to the Secretary of HHS
  • Appropriates $15,000,000 for this effort
  • Agrant program as a lever to get states to supervise these facilities
  • Requires formal followup peer-review studies
  • Background checks on people working at these facilities.
  • Requiring training on child abuse, neglect, and dangerous conditions such as hypothermia and heat stroke for employees
  • Keeping kids incommunicado is forbidden.

Unfortunately, offshoring facilities to avoid supervision is still allowed in this bill though.

Bush is may veto this, as he has his done his level best to make sure that faith based social services group are given a complete free ride, and the worst, and most unregulated, groups are religiously based ones like “Teen Challenge”.

Keith Olberman Gets Owned by Glenn Greenwald and John Dean

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Glenn Greenwald savaged Keith Olbermann because he is endorsing Obama’s sellout as clever politics, when earlier he had one of his vaunted “special comments” denounced telco immunity as textbook Fascism.

Olbermann promptly went on Kos, and called Glenn Greenwald names, and asserted that John Dean said that a President Obama could prosecute the telcos criminally.

There are two problems with this assertion:

  1. Nothing prevents a Bush pardon on this, and given the language Bush is using on the civil immunity, such a pardon is almost certain.
  2. John Dean did not say that a President Obama could president the telcos criminally. I saw the interview. What he said was that the had not yet seen anything that would prevent this in the bill.

In fact, we now know that :

I said that when I read the bill, and talked to the folks at the ACLU who had been following it, that it was not clear. I raised it when appearing on Countdown with the hope that someone might figure it out. But that is the nature of this badly drafted bill that it is not clear what it does and does not do, and the drafters are not saying.

But even if the bill is unclear there is no question the Bush Administration is not going to do anything to the telecoms, so the question is whether a future DOJ could — and here there is case law protecting the telecoms. But there may be language buried in the bill that protects them as well but it can only be found by reading the bill with a half dozen other laws which I have not yet done.

I made no declarative statements rather I only raised questions that jumped at me when reading the 114 page monster.

(emphasis mine)

For Keith Olbermann to laud Obama’s decision to sell out, and to suggest that Dean supports this action, when on his own show, Dean called telco immunity a, “grave assault on the Constitution”.

It’s not OK when Bush does it, and it’s not OK when Obama goes along with, Mr. Olbermann.

Well, Now, Isn’t That Special?

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More chocolatey goodness in the FISA bill:

The FISA law currently being debated in the Senate redefines weapons of mass destruction in a very broad way. Jason Sigger looks at Under title VII, section 110:

`(1) any explosive, incendiary, or poison gas device that is designed, intended, or has the capability to cause a mass casualty incident;

`(2) any weapon that is designed, intended, or has the capability to cause death or serious bodily injury to a significant number of persons through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors;

`(3) any weapon involving a biological agent, toxin, or vector (as such terms are defined in section 178 of title 18, United States Code) that is designed, intended, or has the capability to cause death, illness, or serious bodily injury to a significant number of persons; or

`(4) any weapon that is designed, intended, or has the capability to release radiation or radioactivity causing death, illness, or serious bodily injury to a significant number of persons.’

(emphasis mine)

Two things of note:

  1. Significant number of persons is a very vague term, and a pipe bomb at a bus station might qualify under the law, even though the term was defined in the late 1940s to apply only to those things capable of causing A-Bomb levels of destruction.
  2. It defines an incendiary device as a WMD, which means that a WP 155mm howitzer round or an incendiary bomb are now defined as WMDs, a definition that the US military has been fighting against for years.

Republithugs Put HMOs Above Medical Care

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So now, the Republicans are blocking paying doctors through Medicare in order to protect their HMO friends:

But Senate Republicans (and President Bush) don’t like the way the bill finds money for docs by cutting subsidies to Medicare Advantage, the privately administered Medicare plans.

If they needs subsidies, then, “Medicare Advantage, the privately administered Medicare plans”, are less efficient than big government, and hence are government waste, which should be abolished.

The cloture vote failed 58:40, and it needs 60 votes. Kennedy was not there because he has cancer, and McCain was not there because he doesn’t give a damn about doing his job as Senator.

When Republicans complain about earmarks, they are looking at amounts that are in total less than 1/10 of this.

I hope that the Democrats pound them mercilessly on this until election day.

Barack AWOL Obama on FISA

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Just so you know, what is likely the real FISA cloture vote passed 80 to 15.

Voting against Cloture

Biden (D-DE)
Boxer (D-CA)
Brown (D-OH)
Cantwell (D-WA)
Dodd (D-CT)
Durbin (D-IL)
Feingold (D-WI)
Harkin (D-IA)
Kerry (D-MA)
Lautenberg (D-NJ)
Leahy (D-VT)
Menendez (D-NJ)
Sanders (I-VT)
Schumer (D-NY)
Wyden (D-OR)

Not Voting:

Byrd (D-WV)
Clinton (D-NY)
Kennedy (D-MA)
McCain (R-AZ)
Obama (D-IL)

He couldn’t even be bothered to show up.

McCain never shows up to vote. Byrd is sick. Kennedy has a brain tumor. Hillary Clinton is…well a Clinton.

What is your excuse, Mr. Obama?

So, Where is Reid on Telco Immunity?

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Like many things with Harry Reid, it’s kind of confusing. He is a wheels within wheels kind of guy.

Reid is co-sponsoring cosponsoring the amendment to strip telco immunity, but as this is sure to be filibustered, it not going to happen.

He also says that he’s going to vote against the whole bill.

So at least nominally, Reid is on the side of Dodd, Feingold, Wyden and Boxer.

I think that all this is far less noble than one might imagine. I agree with Emptywheel’s analysis, that his objections are less about the merits of the bill than they are about holding back any approval until the Housing Bill and Iraq Supplemental, which has, “Webb’s GI bill and an extension to unemployment benefits” have passed and have been signed into law.

Bizarro World: I Agree With Ramesh Ponnuru

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Writing in The Corner, he notes that while Time Magazine reporter Massimo Calabresi suggests that the FISA update drew attacks from both sides, Mr. Ponnure notes that he hadn’t, “heard much unhappiness being expressed from righties,” and that, “If that’s what they [Democrats] want to tell themselves, fine. It sure looks like they got rolled.”

Ponnuru is completely correct. The right has been unable to contain their glee over this abomination, and Mr. Calabresi is either very stupid, or allowed Steny Hoyer to hypnotize him.*

*Just in case the mouth breathers from The Corner come over, let me be clear, the hypnosis bit is a joke…

FHA Still Backing Zero Money Down Home Loans

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It’s called the DAP, Down-payment Assistance Program, and it allows buyers to purchase a home with no down payment, even though FHA regulations require 3% down.

The offers — including “100% financing” — are made possible due to down-payment assistance programs run by nonprofit organizations. These programs are funded largely by home builders and also by private homeowners desperate to sell. The seller-funded groups provide enough down-payment money to buyers that they can qualify for a mortgage backed by the Federal Housing Administration, which requires at least a 3% down payment.

Basically, realtors and builders set up non-profits, and the home seller contributes to the non-profit to cover closing costs and down payments, which are made as grants to the buyers.

Of course, that money from the seller gets tacked onto the selling price. So if a condo were to sell for $100K, they would sell it for $110K, with 7K covering closing costs, and 3K covering the down payment required by the FHA.

Net effect: the buyer has no skin in the game.

They now account for 34% of downpayments on FHA loans.

Thankfully, the current FHA overhaul in Congress eliminates this…for a while, at least.

In any case, how about letting the pictures do the talking:


Energy and Speculation…A Problem….Not So Much

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Well, we have analysts saying that oil and gas are have had twice their price doubled by speculation, but I think that this is a load of crap. I agree with Paul Krugman, that the effects are smaller than that. If you were to argue that there were a 5% effect on the price over the short term, I would buy that, but 50% is way out of ling.

Krugman had a nice picture on the relationship between oil futures, contracts for later delivery, and spot prices, where the oil is delivered immediately:
Simply put, there would be more of a spread if there were more of a speculative effect.

That being said, market volatility, which aggressive speculation exacerbates, does a lot of damage otherwise, so I do support some of the measures that the Congressis considering in order to reign in excessive speculation.

That being said, at its core, we have demand for raw materials outstripping supply. That’s why we are seeing things like a 96% jump in iron ore prices, a market in which there are no futures contracts.

An Update on Regina Thomas (GA-12)

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I just wanted to note that about a week ago, the Regina Thomas act blue page was under $5,000, and now she is at $35,713.00 $36,039.00. The campaign web page is here.

This is because the incumbent in the district, Bush Blue Dog John Barrow, is one of the major proponents of the FISA capitulation, and he has ardently advocated for telco immunity, and taken lots of telco money to boot.

Georgia’s 12th district has its primary on July 15. John Barrow is white in a district where 70% of the primary voters are black, and State Senator Regina Thomas is black, so knocking him off in the primary is possible, though it won’t be easy.

Barrow currently has $1,311,478 cash on hand, 55% of it from PACS, so the amount that Thomas has may not be enough.

The good news is that Barack Obama’s endorsement of Barrow has increased interest in Thomas:

In an effort to control my enthusiasm, I asked Thomas about the depressing news that Barack Obama endorsed Barrow and recorded a radio ad, which caused outrage this week on many blogs. Thomas would have none of it. “That’s the best thing that happened to me!” she countered. “People are angry about this! Here’s a man who has not served his district, and Obama is messing in our local businesss. I’m getting emails from Illinois, Pennsylvania, even Taiwan! A man in his 80’s with a small retirement was sending a check to Obama each month, and now he’s sending it to me. The response is incredible,” she said.

I asked if there were any polls. “We haven’t had the money for a poll, but Barrow took a poll and he didn’t like the results, because he got Obama to make the ad. He refuses to show up for debates, and is sending surrogates who look like me. But people aren’t fooled, they see right through it. Why is he afraid to debate me?” she asked.

(emphasis mine)

Things seem to be trending her way, and there are still 3 weeks to the primary, so check her out.

Barack Obama Sells Us All Out

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And so did Pelosi, Hoyer, Emmanuel, and all the rest of them.It does not matter if you are a Democrat, or a Republican, black, white, or polka dotted. He sold you out, he sole me out, he sold out George Washington, and Ben Franklin, and Alexander Hamilton, and Abraham Lincoln.

They sold out every last one of us.

Glenn Greenwald nails it when he says that, “Telling Americans that we have to give up basic constitutional rights — and allow rampant lawbreaking — if we want to save ourselves from “the grave threats we face” sounds awfully familiar. He says he will work to remove amnesty from the bill, but once that fails, will vote for the “compromise.” Obama has obviously calculated that sacrificing the rule of law and the Fourth Amendment is a worthwhile price to pay to bolster his standing a tiny bit in a couple of swing states. The full Obama statement is here.”

What Glenn Greenwald does not note, and I will, is that the behavior of this administration shows that this is about their spying on political opponents, not about security, because that is the only thing that would have them freaking out like this, because it’s the only thing that would send them to jail.

To be completely fair, he does say in his statement that he will, “work in the Senate to remove this provision so that we can seek full accountability for past offenses,”, but as Digby says, this translates to, “maybe show up to vote on some amendment that will surely be struck down and then whimper away.”

Atrios gives him a wanker of the day award.

I have post dated this so that it will show at the top of the blog for the next few days.

Steny’s Telco Deal: Time for Obama to Step Up and Stop It

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There is a deal for telco immunity going that Steny Hoyer is shepherding through congress, and as American Civil Liberties Union says, it stinks.

The court review consists of only verifying that the telcos got a letter from Bush and His Evil Minions™. Glenn Greenwald has the skinny on what is going on, and it’s Hoyer who is at the center of passing a law that will cover up for the Bush’s illegal wire tapping (and probably spying on political opponents).

If you want to do something, check out the Blue America PAC vs Retroactive Immunity, which has raised about $180K in the past 24 hours to target someone.

This betrayal goes beyond party politics, so if you live in Hoyer’s district, MD-5, don’t vote for him in the general election.

One bit of bright news in all this is that the New York Times came out against the Telco immunity deal today. What’s more they called for Obama to do something more than just vote against it.

Word up on that. Obama is now the de facto leader of the Democratic party, and he needs to make it clear that this deal is not good for the country.

[Update] I just checked Greewald’s latest, and it now appears that Hoyer is trying to pretend that he hasn’t been working for this for months, but instead it’s all those Bush Blue Dogs that are making him do it.

Bull sh$@!

FWIW, we now know that the targets of the campaign, and the nearly two hundred thousand dollars raised for it, will be Steny Hoyer, Chris Carney, and John Barrow, the latter two having been the most prominent of the Vichy Democrats on this issue.

Note that the primary for Barrow is not until July, and he has an opponent with a lot more progressive cred, Regina Thomas, who I have added to my act blue page so money spent against him could defeat him in July.

No surprise, all of them are big recipients of telco largess by way of campaign contributions.

Your best place for updates is Glenn Greenwald’s blog.

Damn! Looks Like Hoyer May Have Found a Way to Sell Out on Telco Immunity

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According to this report, Steny Hoyer, Jay Rockefeller, Christopher “Kit” Bond, and Roy Blunt have hammered something out.

Seriously. This is like social security. No compromise, no proposals.

This is not just a core Democratic value, it’s a core American value.

The telcos knew the law, and they broke it, and Bush and His Evil Minions&trade have a hard on about shielding them because they know that it can get them sent to jail.