Category: White House

More of This

Joe Biden has signed an executive order giving farmers the right to repair their own tractors.

This is something that always seems to founder the rocks of the McConnell reef, and it is good policy, the right of people to what they own should be sacrosanct, and it shows the farmers, and the independent repair shops who serve those farmers, that it’s not all talk.

Tractors, with John Deere being a particularly egregious c%$# about it, have increasingly been locking farmers out of their own equipment, to the degree that older tractors actually have a higher resale value than newer models.

President Joe Biden will direct the U.S. Federal Trade Commission to draft new rules aimed at stopping manufacturers from limiting consumers’ ability to repair products at independent shops or on their own, a person familiar with the plan said.

While the agency will ultimately decide the size and scope of the order, the presidential right-to-repair directive is expected to mention mobile phone manufacturers and Department of Defense contractors as possible areas for regulation. Tech companies including Apple Inc. and Microsoft Corp. have imposed limits on who can repair broken consumer electronics like game consoles and mobile phones, which consumer advocates say increases repair costs.

The order is also expected to benefit farmers, who face expensive repair costs from tractor manufacturers who use proprietary repair tools, software, and diagnostics to prevent third-parties from working on the equipment, according to the person, who requested anonymity to discuss the action ahead of its official announcement.

………

The Biden Administration effort comes as the European Commission has also announced plans for new right-to-repair rules that would govern smart phones, tablets, and laptops. Environmental activists have said that restrictions on repairs encourage waste by making consumers more likely to throw out damaged items because of the high cost of repair.

But tech companies and manufacturers have warned that opening access to underlying software and services could endanger Americans, from improperly installed batteries on tech devices to modifications on tractors and other heavy equipment that could bypass environmental and safety systems.

By, “Endanger Americans,” the tech and agricultural equipment companies mean, “Endanger our monopoly rents.”

Now get to work on laws that prevent manufacturers from doing this, though one would think that the anti tie-in sales provisions of the Magnuson—Moss Warranty Act should already cover this.

Why Hasn’t This Been Done?

The Biden administration has at this point failed to nominate a replacement for the relentlessy corrupt Ajit Pai as chairman

To quote the movie, Ocean’s Eleven, “You had ONE job.”

President Joe Biden’s failure to break the Federal Communications Commission’s 2-2 partisan deadlock is reaching a “critical point,” 57 advocacy groups wrote in a letter to Biden and Vice President Kamala Harris Friday.

Nearly five months after his inauguration, Biden has not yet nominated a Democratic FCC commissioner to fill the empty fifth slot. Democrat Jessica Rosenworcel has been leading the commission as acting chairwoman, but she lacks the majority needed to do anything opposed by the FCC’s two Republicans, such as reinstating net neutrality rules and reversing former Chairman Ajit Pai’s deregulation of the broadband industry. Even a step like raising the FCC’s broadband-speed standard—which hasn’t changed in over six years—will likely require a party-line vote because Republicans prefer a low speed standard for the FCC’s annual report on how many Americans lack modern broadband access.

In early April, over 100,000 people signed a petition urging Biden to quickly break the FCC deadlock. Advocacy groups are frustrated that they are still waiting. Why Biden is taking so long is unclear.

“Given the legislative calendar and the diminishing number of days for hearings and confirmation votes, we have reached a critical point to guarantee the agency charged with ensuring affordable communications access can do its work during your administration,” the groups wrote in their new letter.

This is an, “Own Goal,” and. to quote someone who is not named Charles Maurice de Talleyrand-Périgord, it is worse than a crime, it is a mistake.

We don’t want to wait until 2023, when, following 2 years of ineffectual action by Congressional Democrats leads to both the House and the Senate being flipped, when Mitch McConnell will dictate who can be put in that post.

This is Why Nothing Ever Changes

One of the most depressing things about Washington, DC is how the establishment zealously defends their prerogatives and immunity, even if they are completely unjustified.

You can talk about Ford pardoning Nixon, GHW Bush pardoning his Iran Contra co-conspirators, and now the Biden Department of Justice insisting that the government should defend Donald Trump from a libel suit, because they need to, “Protect the institution.”

The case involves behavior prior to Trump’s time in office, and the statements in question were made in a personal capacity, but the institution must be preserved.

It stinks to high heaven:

The Justice Department is keeping up the previous administration’s fight to defend former president Donald Trump against a private defamation lawsuit brought by a woman who accused him of rape — an effort that President Joe Biden had criticized on the campaign trail.

On Monday, lawyers for the Justice Department as well as Trump’s personal legal team were due to file the next round of briefs — marking the first major deadline for the department under the new administration to weigh in. In the government’s latest brief, the Justice Department lawyers continued to press arguments that the lower court judge got it wrong when he concluded that Trump wasn’t shielded from being sued and was acting within the scope of his official duties as president when he accused Carroll of lying.

“When members of the White House media asked then-President Trump to respond to Ms. Carroll’s serious allegations of wrongdoing, their questions were posed to him in his capacity as President,” the Justice Department wrote in Monday’s reply brief. “Elected public officials can — and often must — address allegations regarding personal wrongdoing that inspire doubt about their suitability for office.”

Bullsh%$.

The Justice Department under Biden inherited numerous pending Trump-era legal fights, but Carroll’s case was one of the few that Biden had offered an opinion about when he was running for office. A turnover in the White House can create sticky situations for DOJ to navigate — the department historically defends the authority of the executive branch and senior administration officials in court, even as the politics of the party in power changes across presidents.

………

DOJ’s effort to intervene in the case last fall was widely criticized as a misuse of government resources on behalf of Trump. During a nationally televised town hall event in October, Biden had highlighted the Carroll case as an example of Trump trying to use the Justice Department as his “own law firm.”

“Can you remember any Republican president going out there, or former Democratic president, ’Go find that guy and prosecute him’? You ever hear that? Or: ‘By the way, I’m being sued because a woman’s accused me of rape. Represent me. Represent me.’ … What’s that all about? What is that about?” Biden said at the time.

Biden was right then, and he is wrong now.

………

Carroll sued Trump in state court in New York in November 2019. Trump had litigated the case for months using privately retained lawyers. In September, however, DOJ filed notice that it was moving the case to federal court and intended to take over Trump’s legal defense on behalf of the US government.

The department argued at the time that Trump was covered by a federal law that protects federal employees from being sued as individuals over actions they take as part of their work, known as the Westfall Act. When Trump, as president, denied Carroll’s allegation and accused her of making it up to sell copies of her book, the Justice Department argued that this law applied.

If DOJ succeeded, the US government would become the defendant instead of Trump as an individual. That would likely end the lawsuit, since the government is shielded by a legal principle known as “sovereign immunity” against a range of civil claims, including libel.

And now the Biden DoJ has decided to try to extend this decision.


In an opinion in late October, US District Judge Lewis Kaplan found that Trump wasn’t a government “employee” under the Westfall Act, which refers to “officers or employees of any federal agency.” Even if Trump was an “employee” within the meaning of that law, the judge wrote, his comments about Carroll didn’t fall within the scope of his official duties as president, so the law still wouldn’t cover his situation.

“A comment about government action, public policy, or even an election is categorically different than a comment about an alleged sexual assault that took place roughly twenty years before the president took office. And the public’s reasons for being interested in these comments are different as well,” Kaplan wrote in the opinion. “The president’s views on the former topics are interesting because they alert the public about what the government is up to. President Trump’s views on the plaintiff’s sexual assault allegation may be interesting to some, but they reveal nothing about the operation of government.”

………

Carroll’s lawyer Roberta Kaplan also issued a statement saying they were confident they’d win on appeal.

“It is horrific that Donald Trump raped E. Jean Carroll in a New York City department store many years ago. But it is truly shocking that the current Department of Justice would allow Donald Trump to get away with lying about it, thereby depriving our client of her day in court. The DOJ’s position is not only legally wrong, it is morally wrong since it would give federal officials free license to cover up private sexual misconduct by publicly brutalizing any woman who has the courage to come forward. Calling a woman you sexually assaulted a ‘liar,’ a ‘slut,’ or ‘not my type,’ as Donald Trump did here, is not the official act of an American president,” Kaplan said.

The Department of Justice is functioning as the personal lawyer for a government official, and not as a representative of the government, or the people here.

This is a disgrace.

This Will Not End Well

Between sucking up to the Petty Persian Gulf Potentiates, outing a sexual harassment victim in her own organization, assaulting an employee, running a generally abusive workplace, having no experience with budgeting, and writing mean tweets about Republicans, Neera Tanden was deemed unacceptable by the Senate to head the White House Office of Management and Budget.  (Rather depressingly, it was the tweets that were the primary concern of the Senate)

But you know how it is with Washington, D.C. insiders: No matter how badly you f%$# up, and no matter how profoundly unsuited you are to a position of influence, you get another bite at the apple, so Neera Tanden gets a gig as Senior Advisor at the White House, a position that does not require Senate confirmation:

A contentious nomination process kept Neera Tanden out of President Joe Biden’s Cabinet, but she still landed in the White House.

The White House confirmed on Friday that Biden had appointed Tanden to be a senior adviser. She will start on Monday. 

………

Tanden will hold various duties in the White House but her focus will be handling any potential fallout from Republican lawsuits challenging the Affordable Care Act at the Supreme Court. Tanden will also be tasked with reviewing the United States Digital Service, a program that aims to make government accessible online.

This from someone who has never worked as a lawyer (she does have a J.D. from Yale), was a model of opacity at CAP, and has no background in IT.

Lovely choice.

Except for her tweets excoriating Republicans, which I wholeheartedly approve, her entire career has been as a crass political hack and an awful human being.

More importantly, the people around her hate her enough that anywhere she works leaks like a sieve, which is rather a contrast to her mentor, Hillary Clinton.  (Say what you will about Hillary, but anyone reasonably close to her could have written a tell-all book for a 7 figure advance, and no one has.)

Much like Rahm Emanuel, we will now have another member of the Biden administration inside the tent pissing in.

I am Gobsmacked

But in a good way.

In a moved that surprised me the Biden administration has announced that it favors waiving Covie vaccine patents

I had hoped that they would eventually do this, but I expected that there would be 6 months of denials and alibis until the moral outrage forced them to take this move.

Happy to be wrong:

The Biden administration on Wednesday threw its support behind a controversial proposal to waive intellectual property protections for coronavirus vaccines, with liberals framing it as a necessary bid to speed the shots to billions in the developing world, while the drug industry warned of devastating effects to vaccine production.

U.S. Trade Representative Katherine Tai said the United States will now move forward with international discussions to waive the protections for the duration of the pandemic. U.S. officials helped block a World Trade Organization proposal that was introduced last year to stop enforcing patents for coronavirus-related medical products. Dozens of developing countries have pushed for the proposal, arguing that it would allow them to rapidly produce their own generic vaccines, rather than wait months or years for sufficient doses.

………

The decision to go forward with the waiver after weeks of internal deliberations was finalized at a White House meeting on Tuesday with President Biden, said senior administration officials who spoke on the condition of anonymity to describe the deliberations. Staff at the meeting included Tai, national security adviser Jake Sullivan, coronavirus coordinator Jeff Zients, and Bruce Reed, deputy chief of staff for policy, all of whom supported the decision. But Commerce Secretary Gina Raimondo, who had concerns about the waiver, was not included in the meeting, the people said. The Commerce Department declined to comment.

Of course Gina Raimondo wasn’t involved.  She’s a complete corporate stooge, and she would always take the side of whoever is closest to Wall Street, much as she self-dealt to herself and her Wall Street buddies as Governor of Rhode Island.

………

Administration officials have acknowledged their uncertainty about whether the waiver will actually speed up production of coronavirus vaccines across the world. The mRNA vaccines, made by Pfizer-BioNTech and Moderna, require special technology that most countries do not have access to, raising questions about which countries will actually have the technological capacity to manufacture the complicated vaccines.

The reporter clearly doesn’t know the technology, as Cory Docterow observes, mRNA vaccines can pack most a whole vaccine factory in the space of a closet

So, is it a lie? MRNA vaccines are super-new tech. Maybe their manufacture is so esoteric that only the richest, most powerful countries can make them?

Nope.

“Rapid development and deployment of high‐volume vaccines for pandemic response” (DOI: 10.1002.amp2.10060) is an open access, peer-reviewed paper in the American Institute of Chemical Engineers’ Journal of Advanced Manufacturing and Processing:

https://aiche.onlinelibrary.wiley.com/doi/full/10.1002/amp2.10060

Its co-authors are an interdisciplinary team of chemical engineers, infectious disease specialists and vaccine specialists from Imperial College London and the International AIDS Vaccine Initiative.

The authors aren’t specifically addressing themselves to the question of global development of mRNA vaccine production, but are instead concerned with any kind of generic rampup in production — either in response to a new virus, or because of an mRNA-based vaccine breakthrough for an existing virus. They reason that any kind of annual covid shot will occupy the majority of existing mRNA vaccine production facilities, so any new global vaccination project will require that new production sites be built.

 ………

I know, I just blockquoted all of that, so it would be redundant to bullet it below, but JESUS F%$#ING HOLY GODDAMNED SH%$BALLS, does this ever bear repeating:

  • New facilities will be 99–99.9% smaller than conventional vaccine facilities
  • They will be 95–99.7% cheaper than conventional vaccine facilities
  • You could use a single room in a conventional vaccine factory to make more vaccine doses of mRNA vaccines than the entire output of the rest of the factory
  • New vaccines can be made 1,000% faster than previous vaccines

There’s more, like the fact that you only need part of the facility to be a high-spec clean-room, and the rest can be built on more conventional lines.

For $20m, they say they can build a facility where, for $100m/year, they can turn out 1b doses/year, using a single 5L bioreactor.

(%$# mine)

Run the numbers there.  That’s a cost of $0.12/dose. 

Add in the cost of regulatory compliance, packaging, maintaining a cold chain while shipping it a few hundred (as opposed to a few thousand) miles, and tracking lots, and you are still below $10/dose.

The Pharma powers that be are opposed to any sort of relaxation of IP regulations not because duplicating their instrumentality is hard, but because it is trivially easy, and said technology is publicly developed and publicly funded.

They want to continue to extract their rents and keep their ill-gotten gains, because they want another yacht to water-ski behind.

Surprised in a Good Way

Joe Biden has announced that he intends to raise the capital gains tax rate on the wildly communist idea* that people who work for a living should be taxed at a higher rate than people who sit on their ass waiting for their properties to appreciate.

I did not expect Biden to do something like this, but it is the right thing to do.  Capital has been under-taxed, and labor has been over-taxed for decades:

President Biden will seek new taxes on the rich, including a near doubling of the capital gains tax for people earning more than $1 million a year, to pay for the next phase in his $4 trillion plan to reshape the American economy.

Mr. Biden will also propose raising the top marginal income tax rate to 39.6 percent from 37 percent, the level it was cut to by President Donald J. Trump’s tax overhaul in 2017. The proposals are in line with Mr. Biden’s campaign promises to raise taxes on the wealthy but not on households earning less than $400,000.

$400,000 is still rich.  It’s about 7 times the median family income.

The president will lay out the full proposal, which he calls the American Family Plan, next week. It will include about $1.5 trillion in new spending and tax credits meant to fight poverty, reduce child care costs for families, make prekindergarten and community college free to all, and establish a national paid leave program, according to people familiar with the proposal. It is not yet final and could change before next week.

………

To offset that cost, Mr. Biden will propose several tax increases he included in his campaign platform. That starts with raising the top marginal income tax and the tax on capital gains — the proceeds of selling an asset like a stock or a boat — for people earning more than $1 million. The plan would effectively increase the rate they pay on that income to 39.6 percent from 20 percent.

Capital gains income would also still be subject to a 3.8 percent surtax that helps fund the Affordable Care Act. It was unclear if the tax increase would also apply to income earned from dividends.

Hopefully, it will.  The rich, which means capital gains and dividends, have increasingly sucking more and more out of our society while contributing less and less.

*Note for the snark impaired, the invocation of communism is sarcasm.

About 18 Years Too Late

Joe Biden has announced that he will be withdrawing all US troops from Afghanistan by September 11, roughly 19 years and 11 months since we invaded the small Asian nation nicknamed, “The Graveyard of Empires.”

I think that “all ” in the statement is likely narrowly defined, but he has specifically eschewed basing it on the conditions on the ground, which can be manufactured by both our own military, and Pakistan’s ISI for their own benefit.

Assuming that this stands, and the soldiers are not relabeled as “Freedom Constables” ore some-such, this is good news:

President Biden will withdraw all American troops from Afghanistan over the coming months, U.S. officials said, completing the military exit by the 20th anniversary of the Sept. 11, 2001, attacks that drew the United States into its longest war.

The decision, which Biden is expected to announce Wednesday, will keep thousands of U.S. forces in the country beyond the May 1 exit deadline that the Trump administration negotiated last year with the Taliban, according to a senior administration official who briefed reporters Tuesday under rules of anonymity set by the White House.

While the Taliban has promised to renew attacks on U.S. and NATO personnel if foreign troops are not out by the deadline — and said in a statement it would not continue to participate in “any conference” about Afghanistan’s future until all “foreign forces” have departed — it is not clear whether the militants will follow through with the earlier threats given Biden’s plan for a phased withdrawal between now and September. The Taliban has conducted sputtering talks with the Afghan government, begun under the Trump deal, since last fall. It was also invited to an additional high-level inter-Afghan discussion in Turkey later this month.

Officially, there are 2,500 U.S. troops in Afghanistan, although the number fluctuates and is currently about 1,000 more than that. There are also up to an additional 7,000 foreign forces in the coalition there, the majority of them NATO troops.

………

The goal is to move to “zero” troops by September, the senior administration official said. “This is not conditions-based. The president has judged that a conditions-based approach . . . is a recipe for staying in Afghanistan forever. He has reached the conclusion that the United States will complete its drawdown and will remove its forces from Afghanistan before September 11th.”

About damn time.

We lost, get over it, and get the f%$# out.

A Good Start

The White House has announced that anti-monopoly and net neutrality activist Tim Wu will be appointed to its National Economic Council.

I hope that this means that the Biden administration will take concrete steps to reign in the monopoly power of big tech and the telecommunications incumbents, but I fear that this is just window dressing:

Longtime tech critic Tim Wu is joining the Biden administration as an adviser on technology and competition, a signal that the White House is likely to push for policies that rein in Big Tech.

Wu will be serving on the National Economic Council as special assistant to the president for technology and competition policy, the White House said this morning. Wu confirmed the news in a tweet.

Wu is best known in tech circles as the man who coined the term “net neutrality” in the early 2000s. He has held several positions at the federal level before, including advisory roles with both the Federal Trade Commission and the National Economic Council. He has also been a full professor at Columbia University law school since 2006, where he teaches First Amendment and antitrust law.

His 2010 book The Master Switch argued that the open Internet as we knew it was barreling toward a closed-off, walled-garden future. In 2018 he published another book, The Curse of Bigness, in which he argued that US regulators’ failure to enforce antitrust laws had led to “a new gilded age” and all its attendant problems. 

The rubber hits the road in two places, DoJ enforcement and Congressional legislation.

Hopefully, we will see some action there.

Well, Now We Know Why Moscow Mitch Is Angling to Leave the Senate

We are now seeing reports that Mitch McConnell is aggressively trying to change Kentucky law in an attempt to prevent the Democratic Governor of the state from appointing someone should he leave office.

The question is, “Why?”

There have been questions as to his health, but I think that it is rather more likely that he is deeply involved in his wife’s corrupt abuse of her office as Secretary of Transportation to benefit her family business

My hope is that McConnell thinks that he will at some point in the not so distant future be forced to resign as a part of a plea deal for public corruption. (I prefer his living in misery to his dying)

It has been an open secret that Elaine Chao is relentlessly corrupt, and now that it is a matter of public record, via an Inspector General report, I don’t think that it will be allowed to fade away as it did when she was Bush, Jr.’s Secretary of Transportation:

While serving as transportation secretary during the Trump administration, Elaine Chao repeatedly used her office staff to help family members who run a shipping business with extensive ties to China, a report released Wednesday by the Transportation Department’s inspector general concluded.

The inspector general referred the matter to the Justice Department in December for possible criminal investigation. But in the weeks before the end of Trump administration, two Justice Department divisions declined to do so.

Ms. Chao, the wife of Senator Mitch McConnell of Kentucky, the Republican leader, announced her resignation on Jan. 7, the day after the Capitol riot. At the time of her departure, an aide to Ms. Chao said her resignation was unrelated to the inspector general’s investigation.

The investigation of Ms. Chao came after a 2019 report in The New York Times that detailed her interactions with her family while serving as transportation secretary, including a trip she had planned to take to China in 2017 with her father and sister. The inspector general’s report confirmed that the planning for the trip, which was canceled, raised ethics concerns among other government officials.

As transportation secretary, Ms. Chao was the top Trump administration official overseeing the American shipping industry, which is in steep decline and is being battered by Chinese competitors.

………

The investigators did not make a formal finding that Ms. Chao violated ethics rules. But they detailed more than a dozen instances where her office took steps to handle matters related to her father, who built up a New York-based shipping company after immigrating to the United States from Taiwan in the late 1950s, and to her sister, who runs the company now.

These included an interview with a Chinese-language television station at the New York City headquarters of Foremost Group, the shipping company. The focus of the conversation there, according to a Transportation Department translation of the media plan prepared for the interview, was to discuss how Ms. Chao’s father, James Chao, had been “dubbed ‘Chinese Ship King,’ how Foremost Group ‘ascended to its status in the world,’ and Dr. Chao’s business endeavors.”

………

Ms. Chao had declined to respond to questions from the inspector general and instead provided a  memo that detailed the importance of promoting her family as part of her official duties.

“Anyone familiar with Asian culture knows it is a core value in Asian communities to express honor and filial respect toward one’s parents,” the September 2020 memo said. “Asian audiences welcome and respond positively to actions by the secretary that include her father in activities when appropriate,” it continued.

That explanation is complete bullsh%$, because:

The investigators found that Ms. Chao had used her staff to arrange details for Mr. Chao’s trip to China in October 2017, including asking, through the State Department, for China’s Transport Ministry to arrange for two cars for a six-person delegation, which included Ms. Chao’s younger sister Angela Chao, who had succeeded their father as head of the family shipping company, and Angela Chao’s husband, the venture capitalist Jim Breyer.

The trip had been scheduled to include stops at locations in China that had received financial support from the company and also a meeting with “top leaders” in China that was to include Elaine Chao’s father and sister, but not other members of Transportation Department staff. The trip was canceled just before Ms. Chao’s planned departure after ethics concerns were raised by officials at the State and Transportation Departments.

The investigators also found that she repeatedly asked agency staff members to help do chores for her father, including editing his Wikipedia page and promoting his Chinese-language biography. They said she directed two staff members from her office to send a copy of Mr. Chao’s book “to a well-known C.E.O. of a major U.S. corporation” to ask if he would write a foreword for it.

No one in China ever heard about the above.  This was about using government resources to corruptly benefit her immediate family.

………

The report said that none of the Transportation Department employees interviewed “described feeling ordered or coerced to perform personal or inappropriate tasks for the secretary.”

In deciding not to take up a potential criminal case, the report said, the Justice Department notified the inspector general that “there may be ethical and/or administrative issues to address but there is not predication to open a criminal investigation.”

Of course they did not find a reason to open a criminal investigation, William Barr was acting as Donald Trump’s personal consigliere rather than as Attorney General.

I am not suggesting that Joe Biden should tell Merrick Garland to criminally investigate Elaine Chao, it is an inappropriate for a President to give these sorts of instructions to the Department of Justice.

However, I do think that it is appropriate for Joe Biden to tell Merrick Garland that he should make all resources possible available for investigations of official wrongdoing that might have been short-changed under William Barr.

This would include, of course the behavior of both William Barr and Elaine Chao, and that if professional prosecutors determine there is probably cause for an investigation, that all resources necessary be allocated to clear up such matters as expeditiously as possible.

If You Have Neither on Your Side, Pound the Table

With prospects for both a minimum wage hike and Neera Tanden’s becoming head of the Office and Management and Budget (OMB) dimming, the Biden administration has decided to ignore the minimum wage and go all in on the (rather unqualified and genuinely horrible person) Neera Tanden and ignore the plight of roughly 48 million people working for less than the proposed $15 per hour.

In their desperation, an old lawyer’s adage applies, “If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table.

In this case, pounding the table means, ignoring the reasons for the opposition, as venal and corrupt as they and playing the “Race Card,” which in this case means getting Americans of South Asian extraction riled up about this simply because Tanden is of South Asian extraction:

President Joe Biden’s aides are urging Asian American groups to mount a last-minute campaign to try to rescue his budget chief nominee, Neera Tanden, as her prospects for Senate confirmation dwindle.

Those groups are calling and sending letters to Senate offices and advocating for Tanden on social media to try to combat what they are calling “structural racism” and “institutional racism.”

Their efforts have been actively encouraged by the White House and presidential transition staff, which remains in place to help with Senate confirmations, along with the Democratic National Committee, according to two people familiar with the conversations.

The opposition to her comes from two real, though stupid and corrupt, sources, Republican butt-hurt over her mean Tweets (as if there is any other kind of Tweet), and Joe Manchin’s decades long project to use his power as an elected official to benefit his daughter. (Manchin is lying about his being disturbed by the Tweets)

This is not an issue of Race.  If it were, Deb Haaland would have never gotten the nod, as indigenous Americans have always been further down in the racial hierarchy than pretty much everyone but Blacks and Hispanics.

Invoking racism is stupid and counter productive because it will not work and because it “wears out the batteries” on the tactic.

Keep your powder dry, because Tanden is all wet.

Yeah, This Will Driver the Black Farmer Vote

Former Secretary of Agriculture, Tom Vilsack, who is (or should be) notorious for fighting against equity for black farmers and lying about it, is Secretary of Agriculture once again. (He’s also in the tank for large agribusiness, but that’s another story)

Right now, he’s my choice for worst member of the Biden administration, but the term is still young:

After a 92-7 vote, the former governor of Iowa will reprise his role heading up USDA.

Three weeks after a cakewalk of a confirmation hearing, Tom Vilsack was confirmed as President Biden’s Agriculture Secretary on Tuesday in a 92-7 vote, garnering support from both parties. Vermont Independent Bernie Sanders and Republicans Ted Cruz, Marco Rubio, and Rand Paul were among those voting against his confirmation. Senators had scheduled twenty minutes to debate the nomination but no one spoke out against Secretary Vilsack on the floor. Democrats voted unanimously in favor of the former governor of Iowa.

Vilsack’s nomination drew sharp criticism from civil rights advocates and various food safety and progressive farm groups, though he ultimately won support from major players including the Farm Bureau and the National Farmers Union.

………

Under Vilsack, USDA distorted data and concealed decades of discrimination against Black farmers.

Back in 2019, we published a two-year investigation exploring how USDA spun a fictional narrative about a renaissance in Black farming during the Obama years. Under Vilsack’s watch, USDA employees foreclosed on Black farmers with outstanding discrimination complaints, sent a lower share of loan dollars to Black farmers than it had under President Bush, and underrepresented the frequency of new discrimination complaints.

When Vilsack’s nomination was announced in December, Lawrence Lucas, president emeritus of the USDA Coalition of Minority Employees, told us his phone had been ringing off the hook with people telling him they did not support Biden’s nomination. “This brings tears to my eyes,” he said.

During his confirmation hearing, members of the Senate did not ask Vilsack about his record on civil rights, but he did say he anticipated forming an equity commission.

Yes, a f%$#ing commission.  That will solve the problem of bigotry and racism, a problem that Vilsac studiously avoided doing anything about, go away. 

It’s not, and if the past is prelude, Vilsack will continue to sacrifice family farms, regardless of color, on the altar of Big Ag.

It’s Like Having Your Mother-in-Law Drive off a Cliff in Your Brand New Car

So, the worst “Democrat” in the Senate, Joe Manchin, has come out against Biden’s choice of Neera Tanden, the worst think tank drone ever to come out of the Clinton machine, to head of the White House Office of Management and Budget (OMB).

What’s more, he has done so for the worst possible reason, because Tanden is mean to Republicans sometimes. (Her venom toward Republicans is her ONLY redeeming feature)

The awfulness of the distinguished gentleman from West Virginia is self evident, but I’ll list a bill of particulars on Tanden: (It’s an updatepast from an old post if it sounds familiar)

I am hoping for a way that they can both lose, because neither of them deserve a win ever: 

Sen. Joe Manchin (D-W.Va.) said Friday that he would oppose Neera Tanden‘s nomination to head the White House budget office, potentially sinking her Senate confirmation.

Manchin cited Tanden’s harsh tweets about Republicans as the reason for his opposition.

“I believe her overtly partisan statements will have a toxic and detrimental impact on the important working relationship between members of Congress and the next director of the Office of Management and Budget,” Manchin said in a statement. “For this reason, I cannot support her nomination.”>br>
………

“Neera Tanden is an accomplished policy expert who would be an excellent Budget Director and we look forward to the committee votes next week and to continuing to work toward her confirmation through engagement with both parties,” Biden press secretary Jen Psaki said in a statement distributed to reporters in response to Manchin’s remarks.

No, she’s a vacuous party hack, not that there’s anything wrong with that. 

The problem is that cannot keep good staff, has never had an original idea in her life, and has an affection for bad policy and bad politics that rivles that of her old boss, Hillary Clinton.

In a CNN interview Friday afternoon, Sanders was non-committal about supporting Tanden’s nomination, saying that he would speak to her next week about “what she wants to do.” Sanders reiterated that he was less concerned with her previous rhetoric than her future actions.

And Bernie Sanders is the only person in this entire sordid affair who is behaving like a mensch, probably because he is the only one in this entire sordid affair who values anything beyond his own career.

Get, Ya Think?

Why yes, I am inclined to believe that, “Release of intelligence on Khashoggi killing could push U.S.-Saudi relations to new lows,” as well it should.

They murdered a US resident in their consulate, and the Clown Crown Prince ordered it. 

It makes for awkward conversations during the cocktails:

Facing court cases and its own promises of transparency, the Biden administration is about to release a long-sought U.S. intelligence report concluding that Saudi Crown Prince Mohammed bin Salman ordered the 2018 killing of journalist Jamal Khashoggi.

The report, an unclassified summary of findings across the intelligence community produced by the Office of the Director of National Intelligence (ODNI), will be made public as early as next week, according to people familiar with the matter.

Plans for the release come as U.S.-Saudi relations have tumbled to a new low in recent weeks, with the administration canceling arms sales, criticizing human rights abuses and the harassment of dissidents, and pledging to “recalibrate” ties with the kingdom.

The administration has said it will continue to supply Saudi Arabia — the world’s biggest customer for U.S. weaponry — with the means to defend itself against regional adversaries, including Iran and the Iranian-backed Houthi rebels in neighboring Yemen, and has indicated it wants to continue a robust counterterrorism partnership.

But it has also made clear that it will, in contrast to its predecessor, press the Saudis toward a diplomatic end to their war in Yemen and to moderate their own extremism, and it will not allow Riyadh to interfere with its plans to rejoin the Obama-era nuclear deal with Iran.

………

President Donald Trump made Saudi Arabia a linchpin of his administration’s Middle East policy. Choosing Riyadh as the destination for his first presidential trip abroad in 2017, he hailed the kingdom as the leader of the Muslim world and a major profit-maker for the U.S. defense industry.

Khashoggi, a self-exiled Saudi journalist who wrote critically of the kingdom’s leadership from his home in Virginia, including in columns for The Washington Post, was brutally murdered in October 2018. Lured to the Saudi Consulate in Istanbul to pick up paperwork required for his planned marriage to a Turkish citizen, he was drugged and his body dismembered by Saudi agents, according to investigations by the Turkish government and the United Nations.

Suspicion immediately fell on the ambitious heir to the throne, who was consolidating his power within the often fractious royal family. Despite Saudi government claims that he was not involved, the CIA concluded, in an assessment leaked later that year, that Mohammed had ordered the assassination.

………

In early 2019, Congress passed a law giving the Trump administration 30 days to submit an unclassified report by the ODNI with “a determination and evidence with respect to the advance knowledge and role of any current or former official of Saudi Arabia . . . over the directing, ordering or tampering of evidence in the killing of Washington Post columnist Jamal Khashoggi.” It specifically ordered a release of names.

Trump ignored the mandate. In February 2020, his ODNI informed congressional leaders that it was “unable to provide additional information . . . at the unclassified level,” and sent them a copy of the classified CIA assessment.

………

At Avril Haines’s confirmation hearing to become Biden’s national intelligence director, Sen. Ron Wyden (D-Ore.) asked if she would release the ODNI report.

“Yes, Senator. Actually, we’ll follow the law,” Haines replied.

………

Even without Haines’s determination and pressure from Congress, efforts to force release have been moving rapidly through federal court in the Southern District of New York.

The first of two cases filed by the Open Society Justice Initiative under the Freedom of Information Act is a broad 2019 request for “all records” related to the killing and who was responsible, including the classified CIA report. Ordered by the court to produce an index of anything that might be responsive, the Trump administration in December asked for an extension of the deadline. The Biden administration has now asked for an additional extension, until next month.

………

Some experts believe that if both sides are willing, and nuanced diplomacy is pursued, they can still find a way to work productively together. “Once this report comes out, and it’s very damning to the crown prince, it’s going to be tense,” Karen Young of the American Enterprise Institute said in an interview. “But I think everybody has sort of factored that in. . . . Everybody understands that this was a decision that he had something to do with.”

………

Mohammed also serves as his country’s defense minister, and the administration is likely to focus on his role there as the proper level of contact.

“But will there be Oval Office visits?” she said. “No, definitely not.”

I’m not going to talk the moral issues here, the House of Saud is an absolute monarchy and is corrupt and it is not a reliable ally in any matter, so as a matter of basic common sense, tightly embracing Riyadh as a central pillar of our foreign policy is stupid.

Also, it’s increasingly clear, particularly now that the psychopathic moron Mohammed bin Salman bin Abdulaziz Al Saud is running things, is that the House is doomed, and it will be overthrown sooner rather than later.

The best outcome would be that the House of Saud is overthrown in the manner of the House of Windsor, and so a lot of the (very) extended clan would need to find real work, and a few would serve as figureheads, and open hospitals and the like.

The worst outcome would be that the House of Saud is overthrown in the manner of the House of Romanov, which would be a horror show, considering the not-inconsiderable hydrocarbon assets in the kingdom and the fact that 2 of Islam’s holiest sites are located there, Medina and Mecca.

The longer that we prop up the House of Saud, and the longer that we prop up Mohammed bin Salman, the more likely that the transition to post-monarchy in that country will be violent and messy.

Notice How They are Not Discussing This on the Merits

In discussing the Trans Pacific Partnership (TPP) trade deal, supporter have have stopped talking about the merits of the deal, and instead are suggesting that its defeat would be a blow for American prestige:

“Failure to move forward … would be a profound setback for American interests in the region,” Ben Rhodes, a White House deputy national security adviser, said Tuesday of the 12-nation Trans-Pacific Partnership. “It would be a signal that we do not have staying power and cause countries to hedge on their alignment with the United States.”

The administration is running out of time to get the accord ratified by Congress and faces an uphill slog to win approval with the leading presidential candidates in both parties opposed to the deal. Republican front-runner Donald Trump has denounced free trade deals as harmful to American workers and a drag on the U.S. economy. Democratic front-runner Hillary Clinton, who supported the TPP as secretary of state under Obama, has come out against the TPP under pressure from the left, including labor unions and her opponent Sen. Bernie Sanders (Vt.), who also opposes it.

But in a conference call with reporters, administration officials warned that China is poised to step into an economic and leadership void if the U.S. falters in the pact with 11 other nations, including Japan, Malaysia, Vietnam and Australia. While Trump and Sanders have called outsourcing and trade imbalances with China detrimental to the United States, White House allies said that the economic competition from China, which is not included in the TPP, is a reason to endorse the deal.

So apparently it’s not a trade deal, and it won’t provide meaningful benefits, it’s a political and diplomatic ploy to be used in a war against China.

Do you want to lose your job just to f%$# with China?

Well, I don’t either.

Worst Constitutional Law Professor Ever

Upon announcing Obama’s nomination of Merrick Garland for the Supreme court, they tweeted that he would ignore the Constitution of the United States of America:

“Merrick Garland would take no chances that someone who murdered innocent Americans might go free on a technicality.” —@POTUS #SCOTUSnominee

— The White House (@WhiteHouse) March 16, 2016

Those “Technicalities” are the bill of rights, and their comment reflects that Garland is positively dismissive about the due process rights of defendants.

I do understand political realities, but the idea that any President would try to trumpet the willingness of a nominee for Supreme Court justice to ignore the Constitution is truly awful.

H/t Cory Robin.

They Don’t Even Care How it Looks

The Senate Intelligence Committee issued its torture report.

The unclassified summary was released redacted to the point of incoherence.

The full report was sent to the wWhite House which promptly locked it away and forbade anyone from reading it, regardless of their security clearance.

It’s the equivalent of sticking your fingers in your ear saying, “La, la, la, I can’t hear your!”

One year ago today, the Senate Intelligence Committee published a highly redacted executive summary of its investigation into the CIA’s torture and rendition program. The 525-page summary was shocking in many of its details, revealing the torture and rape of detainees held in CIA custody and encompassing treatment far in excess of even the torture techniques formally authorized by the Bush administration.

Despite the passage of 12 months, the actual report, comprising 6,700 pages, still has not been made publicly available. In fact, reading it appears to be prohibited among officials in the executive branch. Nearly a month and a half after the report’s initial release, it had not even been taken out of the package in which it was delivered to the Department of Justice and Department of State, according to government lawyers. Even the organization that was the subject of the report, the CIA, tightly controlled internal access and made “very limited use” of it, as had the Department of Defense, the lawyers said in a court filing.

That shunning of the torture report appears to be ongoing and very much by design: It turns out the Department of Justice has “refuse[d] to allow executive branch officials to review the full and final study,” Sens. Dianne Feinstein and Patrick Leahy wrote in a letter last month to the attorney general and FBI director, urging that they or their “appropriately cleared” underlings read the full report.

“The legacy of this historic report cannot be buried in the back of a handful of executive branch safes, never to be reviewed by those who most need to learn from it,” they added.

Elizabeth Beavers, a policy coordinator focusing on torture at Amnesty International, believes that no one in the Obama administration, including at the Department of Justice, has read the full report. “They appear to be taking a ‘see no evil, hear no evil’ [stance] with regards to the proof of criminal acts it may contain,” she said. But “for the administration not even to read the whole report, and to look the other way while it is possibly buried or even destroyed, sets a dangerous precedent by excusing major crimes like torture and forced disappearance.”

It appears that Obama is still insisting on ignore the most depraved excesses of the state security apparatus, and someone in his administration is trying to insure that they never have direct knowledge of what was done.

They must think that they won’t be subject to the International Criminal Court if they are willfully blind.

Admittedly, my knowledge of international law is limited, but I do not think this argument would wash in The Hague.

This is a Feature, not a Bug

What a surprise. Obama’s Jihad on whistle-blowers, and openness has led to a situation where there is no accountability in government programs:

Justice Department watchdogs ran into an unexpected roadblock last year when they began examining the role of federal drug agents in the fatal shootings of unarmed civilians during raids in Honduras.

The Drug Enforcement Administration balked at turning over emails from senior officials tied to the raids, according to the department’s inspector general. It took nearly a year of wrangling before the D.E.A. was willing to turn over all its records in a case that the inspector general said raised “serious questions” about agents’ use of deadly force.

The continuing Honduran inquiry is one of at least 20 investigations across the government that have been slowed, stymied or sometimes closed because of a long-simmering dispute between the Obama administration and its own watchdogs over the shrinking access of inspectors general to confidential records, according to records and interviews.

The impasse has hampered investigations into an array of programs and abuse reports — from allegations of sexual assaults in the Peace Corps to the F.B.I.’s terrorism powers, officials said. And it has threatened to roll back more than three decades of policy giving the watchdogs unfettered access to “all records” in their investigations.

“The bottom line is that we’re no longer independent,” Michael E. Horowitz, the Justice Department inspector general, said in an interview.

The restrictions reflect a broader effort by the Obama administration to prevent unauthorized disclosures of sensitive information — at the expense, some watchdogs insist, of government oversight.

………

n a rare show of bipartisanship, the administration has drawn scorn from Democrats and Republicans. The Obama administration’s stance has “blocked what was once a free flow of information” to the watchdogs, Senator Patrick J. Leahy of Vermont, the ranking Democrat on the Judiciary Committee, said at a hearing.

They have it wrong.

Obama simply does not believe in accountability for his administration, because he believes that they, and he, are honorable men, so we have the war on all forms of public accountability.

This is counter to both common sense, and to the intentions of the founders when they created the Constitution, who understood that a balance of powers, for which regulatory authorities need knowledge of what is going, is crucial to that idea.

Why I say that Barack Obama is the Worst Constitutional Law Professor Ever.

F%$# Me, I Agree with Bill O’Reilly

Over the weekend, George Will and Bill O’Reilley got into it over whether or not Reagan was show signs of Alzheimers in his first term, and whether his shooting by John Hinkley might have accelerated the progress of the condition.

Bill O’Reilly is right about this, and so does Charlie Pierce. (I just threw up in my mouth)

It’s a medical fact that trauma can accelerate the progress of dementia, and there are numerous accounts of of the Gipper checking out in his first term, his first debate performance against Walter Mondale being one.

One of our top commenters suggested that my account Monday morning of the dust-up between George Effing Will and Bill O’Reilly was incomplete because I failed to mention the precise casus belli. The Top Commenter is absolutely correct, and my omission is all the more odd because it involves a personal tin drum that I’ve been pounding since I wrote my Alzheimer’s book in 2000. It also involves one of the most serious of all history’s Unspoken Truths. What set Will’s chilly blood aflame apparently was the fact that, in his book, Killing Reagan, O’Reilly pretty baldly states that Ronald Reagan was a symptomatic Alzheimer’s patient for most of his presidency, and that having been shot was trauma enough to start what AD researchers call a “cascade” of symptoms that accelerated the progress of his disease.

(As it happens, O’Reilly’s speculation is on solid scientific footing. Alzheimer’s researchers and caregivers have known for years that physical trauma can worsen the effects of the disease. Certainly, the recent  research into the connection between head trauma and dementia backs this up, and I remember a fascinating Japanese study at an Alzheimer’s research conference that I attended in Osaka that studied the effect of a massive earthquake in that country on Alzheimer’s patients in the affected regions. In almost all cases, the disease accelerated.)

I am not willing to go as far as O’Reilly apparently does, but I have believed—and written—for years that Reagan was a symptomatic AD patient at least throughout his entire second term. My initial concern in this regard arose in 1984, during Reagan’s first debate with Walter Mondale, when he plainly did not know where he was or what he was supposed to be doing. At the time, my father was beginning a slow slide into Alzheimer’s himself. I knew what I was looking at on TV—and so, I learned later, did Dr. Dennis Selkoe, a prominent AD researcher in Boston. Since then, accounts of Reagan’s curiously vacant episodes have popped up all over various historical accounts, and personal memoirs, of the Reagan presidency. In the latter case, everybody from Ollie North to Lawrence Walsh mentions at least one moment in which the person who was Ronald Reagan disappeared right before their eyes. In an interview in 1999 for this magazine, John McCain told me of his experience at a White House dinner, when Reagan lapsed into some middle space of his own.

Seriously, while I have no problem with disagreeing with George will, the fact that this involves me agreeing with Bill O’Reilly makes me feel a bit sick.

The Wicked Witch is Dead, Long Live the Wicked Witch

When I exulted over the exit of Arne Duncan from the Department of Education,  I paid very little attention to who might succeed him.

It now appears that Obama is replacing a man dedicated to a corporate for profit takeover of education with a man who actually ran schools on based on that all of the least savory aspects of blueprint.

In particular, it appears that he is a big fan of expulsions and suspensions to get low scoring children out of his charter schools.

The details are unbelievably grim:

If you read the news reports following the announcement of John King as our new Secretary of Education, you’d think he had run some of the most successful schools in the country. Here, for example, is Vox:

1) He’s the founder of a successful charter school chain

Unlike Duncan, King has been a classroom teacher: He taught for three years, two of them in a charter school, after getting his master’s degree in teaching from Columbia University. In 1999, he became co-director of Roxbury Prep, a Boston charter school renowned for getting high test scores despite serving an exclusively low-income black and Latino student body. King, the New York Times wrote in 2011, was instrumental in designing the charter school’s curriculum and disciplinary structure — including required school uniforms and rules against talking in the hallways. [emphasis mine]

John King, hand-picked by President Obama to lead our nation’s schools, took the lead in designing Roxbury Prep’s discipline policies. How has that played out?

These are the latest out-of-school suspension rates for school districts in the Boston area, from the Massachusetts Department of Elementary and Secondary Education.* Roxbury Prep not only has the second highest suspension rate in greater Boston; it’s the second largest in the state. The only school with a higher suspension rate is City On Hill; guess who used to teach there (p.12)?

This isn’t at all a surprise; as the Boston Globe reported in 2014, Roxbury Prep had previously held the top spot with a suspension rate in 2012-13 of nearly 60 percent.

Later on, Roxbury moved under the umbrella of Uncommon Schools, a charter management organization with schools in New York and New Jersey as well as Massachusetts. John King, consequently, rose to become Managing Director for the entire Uncommon chain. Soon, the high suspension rates that were a hallmark of Roxbury Prep became common in all of Uncommon’s schools.

In Brooklyn, for example, Uncommon runs several charters; here are their relative suspension rates, as reported by the NY State Education Department:



………

High suspension rates are not good for students. You know who says so? The very USDOE John King is now going to lead:

………

Recently, King defended the “no excuses” discipline found in Uncommon Schools to noted education scholar Pedro Noguera:

I’m not against charter schools, let me be clear, I’m in favor of any good school that’s good for kids. But some of the charter schools that are being held up as a model believe that their goal is to regiment, to completely control their students. To control how they sit, control their eye contact, control their movements in the hallway. Many of them have silence in the hallway and no talking in the lunch room. John King, the new commissioner of education of New York state, is held up as a real reformer because he founded a very successful charter school in Boston called Roxbury Prep and went on to found a network the called Uncommon Schools. And I would say that academically this school is far out-performing many public schools that are serving the same population of kids. So I would acknowledge that they are doing a much better job. I would also acknowledge that the model they use does not appeal to me.

I’ve visited this school, and I noticed that children are not allowed to talk in the hall, and they get punished for the most minor infraction. And when I talked with John King afterwards, I said, “I’ve never seen a school that serves affluent children where they’re not allowed to talk in the hall.” And he said, “Well, that might be true, but this is the model that works for us, we’ve found that this is the model that our kids need.”

So I asked him, “Are you preparing these kids to be leaders or followers? Because leaders get to talk in the hall. They get to talk over lunch, they get to go to the bathroom, and people can trust them. They don’t need surveillance and police officers in the bathroom.” And he looked at me like I was talking Latin, because his mindset is that these children couldn’t do that. [emphasis mine]

Apparently, John King believes that schools can and should have high suspension rates — in contradiction to the stated policies of the department he will now lead.

From what I read, King will not be officially nominated, serving as the “acting” secretary for the remainder of Obama’s term. That’s a damn shame. I would have dearly loved to have had a senator bring all this up. I would have loved to hear King explain whether he supports current USDOE policy on suspensions and, if so, how he can align that with his own career history as a school leader.

One of the commenters on this post explains the real dynamics here:

Of course the suspension rates are high: one reason the favored charter chains (KIPP, Success Academies, Uncommon schools, et.al.) receive the subsidies and media promotion they do is because they insist on their schools being a cross between prison, boot camp and a behavior-modification Skinner Box for Those Children.

You know Those Children, don’t you? They are ones who must be conditioned and trained, rather than educated (notwithstanding all the false, insipid talk about “scholars”), the ones society has seen as dangerous since they were toddlers, and which these schools are determined to neuter, emotionally and culturally, before trying to re-make them as passive, unquestioning vessels of future labor productivity.

Needless to say, Those Children are subjected to authoritarian, repressive school environments that King and his ilk would never in a million years subject their own children to, as seen when it was revealed that he sent his own young children to a Montessori school that doesn’t use Common Core (though, naturally, he lied about that).

On a more practical basis, high suspension rates are a way for the schools to grease the skids for removing Those Children who might undermine their precious test scores, thereby threatening the false “miracle school” narratives they peddle.

Damn. What a piece of work.

The inestimable Charlie Pierce notes that it appears that his educational goal is to create, “Tiny automatons with good test scores. This is not what Horace Mann had in mind. “

Ding, Dong, the Witch is Dead

Barack Obama’s educational privatizer in chief, Arne Duncan, has announced that he is stepping down at the end of the year:

U.S. Education Secretary Arne Duncan plans to step down from his Cabinet position by the end of the year, leaving the Obama administration more than a year before the president’s term will end.

“He’s done more to bring our educational system, sometimes kicking and screaming, into the 21st century than anyone else,” President Obama said as he announced Duncan’s resignation at the White House on Friday afternoon. “America will be better off for what he has done.”

OK, as is made clear by Obama’s statements, the Cossacks work for the Czar.

As anti-public education and anti-teacher as he has been, it is clear that he has been executing a pro-Wall Street, anti-Teacher, and anti-Student* agenda at Obama’s behest.

Still, I am sure that he will get a 7 figure jackpot at the end of the rainbow.

*As I have asked many times, “Is there anything that big finance can’t make destructive and evil?”
If the goal is to involve Wall Street in a public service, the effect will harm that service. QED.