Tag: Hypocrisy

Ethics, Schmethics, Amazon Edition

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Amason’s charity program supports hate groups.

Not a surprise.  It doesn’t matter if it’s the American Civil Liberties Union, or the America Nazi Party, Amazon gets its vig from purchases in either case:

AmazonSmile, which launched in 2013, would seem to be one of the mega-corporation’s less overtly awful functions: it’s a simple service that adds a surcharge to Amazon purchases and donates it to a participating charity of a shopper’s choice. However, UK-based media organization openDemocracy has found among those eligible charities were over 40 anti-LGBTQ+ and anti-choice groups.

I’ll put a bow on it, I’ll scream it, I’ll whisper it, but I am here to tell you that Amazon is a terrible company.

openDemocracy identified powerful anti-LGBTQ+ groups that are, at the time of this writing, live on AmazonSmile’s search portal. They list the Indiana chapter of the Southern Poverty Law Center-designated hate group the American Family Association, whose radio host and figurehead Bryan Fischer has said that the “Nazi party…was rooted in the homosexual movement.” There’s also Focus on the Family, which spawned the SPLC-designated hate group the Family Research Council. Of founder James Dobson, the SPLC writes that “no one has spread the anti-gay gospel as widely, or with as much political impact.”

We don’t know how much money these hate-mongering groups have raised directly via AmazonSmile, but this disturbing news has come to light at a time when Amazon’s revenue has gone through the roof thanks to a captive customer base stuck at home during a pandemic.

Indeed.

My old axiom, “If they treat their employees like sh%$, how do you think that they will treat you as a customer,” should be expanded from, “You as a customer,” to, “All of us as a society.” 

Do Not Let This Man Anywhere near to the Levers of Power

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Between grossly mismanaging the Harvard endowment, using school funds to bail out a corrupt protege, making Obama’s economic team a cesspool of sexism, his championing the repeal of Glass Steagall, and his suggestion that it might make economic sense to use African countries as toxic waste dumps, Larry Summers has a long and inglorious record. 

Now he is making the talking heads tour, claiming that a one time stimulus payment of $2,000.00 might overheat the economy.

Assuming that every single person in the United States got a check, (They won’t, it would probably be less than half that) this would be about $660 billion, or about 3% of GDP.

I do not know how Larry Summers has achieved the positions of authority and prestige that he has, but he may very well be the single most overrated person inside the Washington, DC establishment:

Liberal economist Larry Summers said Thursday sending out $2,000 stimulus checks to Americans would be a “mistake,” making him the first prominent Democratic figure to come out against more direct relief.

Larry Summers is not a liberal economist. He is a a Robert Rubin Democrat.

He has made his career out of carrying water for corrupt finance.

  • In an interview with Bloomberg, Summers argued the federal government shouldn’t focus on boosting consumer spending with direct assistance because it runs the risk of a “temporary overheat” of the economy.
  • Summers noted he’s not “enthusiastic” about $600 checks either, which both parties in Congress already agreed to, for the same reason.

    ………

  • Summers is generally seen as a left-of-center economist—but he’s previously drawn criticism from progressives for favoring policies that helped big banks as well as mismanaging stimulus negotiations during the Great Recession under Obama.

Why this guy is not treated as if he were as radioactive as bottled water from the Fukushima Daiichi Nuclear Power Plant?

He’s always wrong, he’s is toxic to his co-workers and subordinates, and he’s shown this again, and again, and again, and again.

A Definition of Advancement That I Was Unfamiliar With

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I have to agree with the cartoonist, the fact that a woman is raining down death and destruction upon black and brown people throughout the world is not a cause for celebration, a better solution is to stop the bombing:

In a historic first, the Navy has recommended a female officer to command an aircraft carrier.

Capt. Amy Bauernschmidt is one of six officers recommended to command a nuclear-powered carrier in fiscal 2022. Also selected for the job were Capts. Colin Day, David Duff, Brent Gaut, David-Tavis Pollard and Craig Sicola.

Naval Air Forces did not respond to requests for comment from Bauernschmidt, or questions about when the captains will be assigned to carriers and what having a woman serving in this role will bring to the force.

Bauernschmidt has already broken barriers in her Navy career since leaving the Naval Academy in 1994. She became the first woman to serve as executive officer on a nuclear warship, the carrier Abraham Lincoln, in 2016.

The definitive word on this is Caitlin Johnstone’s essay, “Biden Will Have The Most Diverse, Intersectional Cabinet Of Mass Murderers Ever Assembled.”

It is not enough that women or minorities have an equal opportunity to oppress.  The oppression should stop.

H/t Naked Capitalism., both for the article and the cartoon.

This Is the Most Depressing Statement about Modern Journalism I Have Ever Heard

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Dean Baquet is one of the biggest threats to journalism right now, but everyone in a position to report on him wants a job from him. https://t.co/JsgUd30IlS

— Tentin Quarantino (@agraybee) December 19, 2020

Dean Banquet said the following about being taken in by a transparent fraud by a phony “Isis executioner“.

We fell in love with the fact that we had gotten a member of ISIS who would describe his life in the caliphate and would describe his crimes ……… I think we were so in love with it that when we saw evidence that maybe he was a fabulist, when we saw evidence that he was making some of it up, we didn’t listen hard enough.

In essence, Dean Banquet was quoting the Mason Williams song The Exciting Accident, which states, “This is not a true tale, but who needs truth if it’s dull.”

While this is fine for Williams, song writer, comedian, photographer, poet, and photographer to do in a song, it is not the proper attitude for the editor in chief of the what is arguably most prestigious newspaper in the United States. (Though each year that Banquet is there this status seems increasingly precarious)

Not enough bullets

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Wisconsin Senator Ron Johnson is doing his best to kill payouts to ordinary Americans in the next Covid relief bill, while in the past he has been pushing big tax breaks for himself. 

Republican values, neh?

Republican Sen. Ron Johnson on Friday moved to block emergency survival checks to millions of Americans, citing concerns about the federal deficit. Johnson’s move not only follows his vote for a massive $500 billion corporate slush fund — it also follows his successful effort to enrich himself with a giant tax cut that expanded the deficit.

Johnson, who is worth an estimated $39 million, led the fight in 2017 to create special tax breaks for so-called “pass-through” businesses, or real estate shell companies. Johnson was one of several Republican senators who backed the last-minute provisions inserted in the bill — and who listed income from those pass-through entities on their federal financial disclosure forms.

Based on those federal filings, Johnson stood to personally reap up to $205,000 from the tax cut provisions he championed.

………

On Friday, Johnson moved to block a bipartisan proposal, from Vermont Independent Sen. Bernie Sanders and Sen. Josh Hawley, R-Mo., to give Americans emergency $1,200 checks, amid a sudden increase in poverty and mass starvation across the country.

Johnson argued that the direct payment proposal would be “mortgaging our children’s future” — an argument that he did not make when he led the fight to personally enrich himself with a massive tax cut only three years ago.

Mr. Johnson, go Cheney yourself.

It’s Always a Certain Kind of Democrat Who Does This

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You know the type, plays at being progressive, but is a tool of the FIRE (Finance Insurance and Real Estate) sector.

They have been exhorting the citizens of their state/city/county to stay home, and not go out, and then they get caught unmasked on a night on the town.

You saw it with Cuomo, Newsome, Sisolak, and now the darling of the hedge funds, Gina Raimondo.

Honestly, I’m less concerned about her going to a wine bar than I am with her cutting (outrageously high fee) deals with private equity firms, including her own firm.

Have you noticed that this always happens to a certain type of Democrat? 

You know the type, the polite term for them is hypocritical corrupt mother-f%$#ers.  (The impolite term is, “Pig felchers.”*)

*If you don’t know what that means, for the love of God, DON’T GOOGLE IT.

What Happens When You Put a Fox in Charge of the Hen House

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An investigation by Senator Elizabeth Warren (D-MA) that the certification of prisons in the United Sates by the American Correctional Association (ACA) is ineffective and corrupt.

This should surprise no one, the ACA is the primary lobbying organization for the prison industry.

Also, the entire fact that I am unironically using the term, “Prison Industry,” is an indication of just how morally bankrupt the current state of affairs is. 

Our carceral state needs to be reformed:

The organization responsible for accrediting US prisons, jails, and detention centers runs a “corrupt” process that puts a “rubber stamp” on dangerous facilities while taking in millions from the private prison industry, according to a scathing report from Sen. Elizabeth Warren (D-Mass.), shared exclusively with Mother Jones.

The report, the result of a nearly 19-month investigation by the senator’s office, examined the American Correctional Association (ACA), a nongovernmental organization that acts simultaneously as a professional association and an oversight body for prison and detention systems. Federal, state, and local governments pay the ACA to audit the facilities where they keep people incarcerated and issue its stamp of approval on their operations. Qualifying facilities must meet the standards ACA spells out in its published manuals, covering everything from fire code compliance to officer gun training. Private prisons and detention centers, meanwhile, are often required to get accredited by the ACA to access lucrative government contracts, according to Warren’s report—and when scrutinized, they point to their accreditation status as a defense. After all, the ACA’s website says, accreditation is awarded to the “best of the best.”

The problem, Warren’s report found, is that the “best of the best” includes virtually every facility that pays its accreditation fees. The ACA currently counts over 1,200 accredited facilities; since 2007, only four have been denied accreditation. The groups provides three months’ notice and preparation tools for audits, “essentially providing the answers to the test in advance,” as the report puts it. And the ACA’s seal of approval lasts three years, with facilities conducting “self-reporting” in the interim.

“A review of available evidence suggests that that accreditation has little to no correlation with detention facility conditions and practices, and therefore little to no value whatsoever,” the report states. “The result has been the rubber-stamping of dangerous facilities and the waste of millions of taxpayer dollars.” Warren recommends that the Department of Justice and Department of Homeland Security stop paying the ACA for accreditation and instead establish a “rigorous, independent, and transparent” oversight process.

………

“The ACA’s private prison accreditation system is riddled with conflicts of interest, lacks transparency, and is subject to zero accountability even though millions in taxpayer dollars…flow to the ACA and private prison companies,” Warren’s report states. “These problems put the health and wellbeing of incarcerated and detained individuals, the staff and employees who work in those facilities, and our communities at risk.” (In his letter, Gondles wrote that criticizing the ACA for problems at accredited facilities “misunderstands” the purpose of its accreditation program: “ACA accreditation does not mean that there will never be an incident of violence, or that there will never be noncompliance with a health-related, safety, or other ACA standard,” he said.)

The report’s description of a lax ACA auditing process lines up with what my colleague Shane Bauer observed in 2015 while working undercover as a guard in a prison run by CoreCivic, then known as the Corrections Corporation of America:

………
 
But why is the system so broken? Warren’s report suggests that it all comes down to money. In addition to being “the closest thing we have to a national regulatory body for prisons,” as Bauer put it, it’s also a professional association that lobbies Congress on criminal justice issues and serves as a “voice for corrections.” That dual role presents an “irreconcilable conflict of interest” when the time comes to evaluate conditions inside prisons and detention centers, Warren’s report argues.

For one thing, the ACA gets nearly half its revenue from accreditation fees paid by the very entities it audits, including top private prison companies, her investigation found. Over a five-year period from 2014 to 2018, the GEO Group spent $1,429,599 on ACA accreditations, while CoreCivic spent $867,580, according to the report. The Management and Training Corporation, a smaller competitor, paid $501,850. The companies pay the ACA tens of thousands more in conference costs, certification fees, training, and for other services. Meanwhile, current or former private prison employees sit on each of the ACA’s governing boards and committees. (“The fact that one representative of a private correctional company sits on ACA’s Executive committee and two such representatives sit on the ACA’s Board of Governors and Delegate Assembly could not even begin to suggest that ACA is somehow beholden to those private interests or that the decisions of ACA’s governing bodies are driven by persons with conflicts of interest,” Gondles wrote in his letter to Warren, adding that the organization was governed by volunteers.)

Self-regulation is to regulation as self-importance is to importance.

So Nice that Pelosi Supported the Homophobic Campaign of Richard Neal

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Because after winning the primary, and the general, Ways and Means Chairman Neal is blocking surprise medical billing legislation, because he is owned by the hedge funds who have purchased medical practices, particularly emergency medicine practices, across the country to profit from massively overcharging people in emergency rooms:

A broad bipartisan effort to pass legislation protecting patients from massive “surprise” medical bills is now on life support as House Ways and Means Committee Chairman Richard Neal (D-Mass.) digs in on a separate proposal.

Democratic and Republican leaders of three committees in the House and Senate have been pushing for months to pass their measure, which would prevent Americans from unexpectedly getting hit with medical bills for thousands of dollars for common scenarios like treatment from a doctor outside their insurance network when they require emergency care.

Neal has been holding out for his own rival proposal and has not shown any willingness to budge despite concessions offered by top lawmakers on the three committees.

………

Supporters say they are extremely frustrated with Neal, given that lawmakers have been working on a bipartisan basis for two years to solve an issue many view as an especially egregious practice that should be low-hanging fruit for Congress. Lawmakers tried to pass the measure last December, but disagreements with Neal derailed the measure.

………

All sides agree that patients should be protected from getting massive medical bills through no fault of their own. But fierce divisions have emerged over how much the insurer would then pay the doctor or hospital once the patient is taken out of the middle.

The three committees — House Energy and Commerce, House Education and Labor and Senate Health, Education, Labor and Pensions — have in general favored an approach called benchmarking, which sets the payment rate based on the median amount that insurers in that area already pay in-network doctors. That approach is backed by insurers, unions and consumer groups who say it will save both consumers and the government more money than Neal’s proposal.

Hospitals and doctors, on the other hand, warn that would lead to damaging payment cuts. They favor an alternative process where an outside arbiter would decide the payment, through arbitration. That’s the approach proposed by Neal and Rep. Kevin Brady (Texas), the top Republican on the Ways and Means Committee, with Neal touting the support of hospital groups.

Backers of the three-committee approach say they offered a range of concessions to Neal, including one that only used Neal’s preferred method — arbitration — but he still did not agree.

………

The fierce lobbying from powerful doctor and hospital groups has caused further problems. Private equity firms that own doctor staffing companies previously funded millions of dollars in ads against the three-committee legislation.

Surprise billing became an issue in Neal’s primary race earlier this year; his progressive challenger, Alex Morse, [Against whom Neal and the Democratic Party establishment (There is no Democratic Party establishment) ran a viciously homophobic campaign] accused him of blocking surprise billing legislation because the private equity firm Blackstone is a major contributor to Neal. Neal ended up handily defeating Morse before going on to win reelection to Congress, where he has served since 1989.

Neal is now saying he wants to again delay the issue until next year, which backers of the three-committee approach take as a sign that he does not want to address the issue at all and is trying to delay it indefinitely.

Of course he is trying to delay it indefinitely.

He sees his job as to ensure that Blackstone and their Evil Minions™ get their vigorish so that he gets his campaign donations.

Biden’s Worst Cabinet Choice So Far

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Biden has chosen Barack Obama’s Agriculture Secretary, Tom “Mr. Monsanto”* Vilsack (what a memable name) to reprise his role.

Given that his record as a lobbyist for big Ag, his steadfast refusal to address entrenched racism and sexual harassment in the Department of Agriculture in his last tenure, and his refusal to address anthropogenic climate change, there is a lot of outrage over this decision:

When President Barack Obama nominated Tom Vilsack, a two-term Iowa governor, to be secretary of agriculture in 2008, Vilsack was seen as a centrist who wouldn’t change much about how farming was done in America—for better or worse.

………

Fast forward to 2020, and Vilsack is poised to resume his role heading the U.S. Department of Agriculture (USDA) under President-elect Joe Biden, according to multiple outlets. This week, Vilsack emerged as a frontrunner ahead of two Democratic women: former North Dakota Sen. Heidi Heitkamp and Ohio Rep. Marcia Fudge, who would have been the first Black woman to lead the agency.

The prospect was greeted with tepid enthusiasm by some and outright ire among others. Many in the food world, possibly eager to find something to praise, pointed to his previous stint in the job as a net positive, and proof he could hit the job running. Yet for environmental advocates, Black farmers, food safety champions, and critics of corporate agribusiness, a return to the status quo feels inadequate.

………

For many advocates of racial justice in the food system, Vilsack’s nomination is an affront that suggests the Biden administration has little interest in making the ag sector more equitable and remedying USDA’s notorious history of racial discrimination against Black farmers.

Much of the disappointment stems from both the agency’s practices under Vilsack’s watch and his own reported reluctance to repair the damage of systemic racism. As The Counter reported in a 2019 investigation, employees alleged that Vilsack’s USDA repeatedly ran out the statute of limitations clock on discrimination complaints, while attempting to foreclose on farmers whose cases hadn’t yet been resolved. Employees also said that USDA manipulated Census data to obscure a decline in Black farming, which in turn allowed Vilsack to paint a rosy but inaccurate picture of his tenure.

………
 
One particular scandal during Vilsack’s tenure stands out right now: the controversial ouster of Shirley Sherrod, a Black USDA official. Vilsack forced Sherrod to resign after the far-right website Breitbart disseminated a selectively edited video to suggest that she had discriminated against a white farmer. (After the full video came to light, Vilsack apologized for his treatment of Sherrod and reportedly offered to resign over the incident.)

I don’t blame Vilsack over this incident.

It’s clear that the cowardice and hypocrisy driving this incident came from Barack Obama, or those closest to him in the White House.

………

For women who have experienced sexual abuse while working for USDA’s Forest Service—an agency that employees say fostered a decades-long culture of sexual harassment—Vilsack’s nomination is a punch to the gut, according to Lesa Donnelly, former employee and current vice president of the USDA Coalition of Minority Employees. Donnelly is a well-known advocate who has been calling on the agency to better protect employees from sexual abuse. According to her, Vilsack was part of the problem: He was “unwilling to investigate complaints properly and hold people accountable” during his tenure, Donnelly told news outlet Government Executive in 2016. The thought of his return to the agency is retraumatizing many of the women she advocates for, she told The Counter in an interview.

………

Numerous other organizations, including those representing Black farmers, have vocally opposed Vilsack’s nomination.

………

Indeed, rigorous environmental policies did not seem to be a priority for much of Vilsack’s term leading USDA. In one telling moment, then-Secretary Vilsack refused to take a stance on whether crop subsidies should be conditioned on farmers’ willingness to adopt basic conservation measures. “There were moments during his first tenure when Secretary Vilsack missed an opportunity to make the environment a priority,” said Scott Faber, vice president for governmental affairs at the Environmental Working Group, noting Vilsack’s unwillingness to challenge the status quo.

These aren’t the only Vilsack-supported policies that have raised eyebrows among environmentalists: He often boosted ethanol, a fuel additive that has long been unpopular with the green set because its production requires a lot of land and chemicals. He spent the past four years promoting dairy exports, indicating he’d be hesitant to back policies that curb production, such as limiting the construction of Concentrated Animal Feeding Operations (CAFOs). As recently as 2014, Vilsack appeared eager to shift the conversation about the climate crisis away from agriculture. At an event at Drake University, he said that “agriculture tends to take the brunt of criticism about climate change, but the industry contributes only 9 percent of the greenhouse gases blamed for a warming planet.”

………

“It’s very important—essential—that USDA be vigorous and engaged, and that this not become a private-sector exercise, where carbon markets take over the conversation,” Deeble said. “We’ve got good programs at USDA right now that an ambitious secretary would be able to repurpose or modify slightly to get focused on climate change.”
On food safety, Vilsack “defaults to what the big companies want”

The Department of Agriculture doesn’t just regulate farmers. It’s also responsible for the safety of the meat, poultry, and eggs on our plates—roughly 20 percent of the American food supply. Consumer advocates contacted by The Counter say they don’t expect a Secretary Vilsack to do much more to keep that food clean and disease-free.

In his first tenure, Vilsack backed a proposal that would have allowed some chicken plants to dramatically increase line processing speeds from 140 birds per minute to 175. He also supported drastically reducing the number of USDA inspectors in plants, instead asking the companies to essentially police themselves.

………

It’s not just line speeds. When Vilsack was the head of USDA, his department rejected a petition to recognize some strains of antibiotic-resistant salmonella as adulterants, and make it illegal to process and sell meat and poultry that could sicken the public. A similar petition was submitted earlier this year—and Corrigan expects Vilsack, once again, to reject it.

………

Farm groups responded to Vilsack’s likely nomination with cautious optimism, noting the former secretary’s experience as a boon. “It is hard to argue with the fact that the USDA has been significantly eroded over the last four years in terms of research capacity and administrative capacity—it’s dropped down the rankings,” said Deeble of the National Sustainable Agriculture Coalition. “Getting somebody who knows where all the switches and levers are is valuable if you want to fix that.”

Yet there’s reason for skepticism. At the beginning of President Obama’s first term, Vilsack embarked on a long listening tour to hear from small-scale farms about the impact of corporate consolidation within agriculture. The tour left many hopeful that the administration would overhaul regulations in the meatpacking industry and shift some market power back to small producers. Many years later, the administration advanced a watered-down version of the rules, which were then rolled back by the Trump administration.

………

Yet Vilsack spent the last four years as CEO for the U.S. Dairy Export Council, a group that represents some of the biggest dairy conglomerates which in turn hold a lot of sway over prices paid to small-scale farmers. Market control by the biggest player, critics argue, has been a contributing factor in the recent spate of small dairy failures. “Secretary Vilsack’s experience in the last four years does give us some cause for concern,” Stranz said. “But we also know, however, that as an administrator for a federal agency, he has the wherewithal and ability to work to advance policy goals that benefit farmers across the country.”

………

Some advocates hoped that the Biden administration would work to combat consolidation in agriculture and feel let down by Vilsack’s nomination. In particular, they take issue with his failure to prioritize policies that would have given farmers and ranchers more leverage with the industry’s meatpacking giants.

Take the Farmer Fair Practice rules—also known as the Grain Inspection, Packers, and Stockyards Administration (GIPSA) rules—for example. As antitrust law advocates see it, Vilsack’s USDA dilly-dallied over the rules for too long, and by eventually introducing them in the final months of the Obama administration, it all but guaranteed that they would get axed by Trump. These rules would have made it easier for contract farmers to sue processors—who dictate almost all the terms of raising livestock—over unfair retaliation, such as terminating contracts of farmers who attempt to organize.

………

“He can’t work for industry if he’s governing the industry.”

Vilsack also accumulated fresh baggage in the last four years as president and CEO of the U.S. Dairy Export Council, an organization tasked with generating overseas demand for U.S. milk and milk products. Vilsack has drawn heat for taking a nearly $1 million salary from his job, at a time when dairy farmers have struggled with low prices and bankruptcies.

 ………

It’s also important to note that since the Export Council counts some of the largest dairy suppliers in the country among its members, including Dairy Farmers of America (DFA), the nation’s biggest milk processor and cooperative. DFA has been the subject of numerous lawsuits alleging antitrust violations and price-fixing practices, which many dairy farmers say have led to declining revenue and even driven some out of business. Now, they’re worried that Vilsack’s affiliation could pose a “huge” conflict of interest should he be confirmed as secretary of agriculture again.

………

Ultimately, Vilsack’s record as agriculture secretary was spotty. He missed opportunities to prioritize environmental policies and backed off on reigning in monopolies in the meat industry. And his record on civil rights has only worsened since he left office, amid a steady trickle of revelations about his treatment of Black farmers and victims of sexual harassment. These failures have left deep scars—scars that are dealbreakers for some and, at minimum, caution flags for others.

This guy is a complete horror show, and epitomizes everything that was wrong, and corrupt with the Obama administration. 

Capitulation to corporate interests, partnering with entities who are the source of the party, and a steadfast push for market based solutions in the event of market failures.

Vilsack was bad in 2009.  He is even worse now.

*I’m not making this up. This what he is actually what called by his opponents.

Trump’s Lawyers Are Not the Most Contemptible Attorneys of this Season

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Neither is it Texas Attorney General Ken Paxton whose plea for a pardon attempt to invalidate all the votes in 4 states was dismissed by the Supreme Court. 

In fact, the lawyer in question wasn’t working on the election at all.

Rather it was Democratic Party establishment (There is no Democratic Party establishment) stalwart and Clinton confidant Neal Katyal who aggressively supported the use of slaves by Nestle on chocolate farms, explicitly stating that companies that participated in the Holocaust should not be held to account for their actions.

Every one has a right to a lawyer, no mater how contemptible that client is, and the lawyer has an obligation to provide a competent and rigorous defense, but there is a ethical requirement that you not simply argue on behalf on evil.

Lawyers are not just advocates, they are officers of the court, and there is a requirement for basic human decency, and Neal Katyal has failed that test. (I need to note that I am an engineer, not a lawyer, or ethecist, dammit!*)

The United States has a political class that mistakes its professional norms for ethics. Mainstream political journalists mindlessly grant anonymity to professional liars. Elected officials put collegiality and institutional procedure over the needs and interests of their constituents. And as for lawyers, they have refined this tendency into what amounts to a religion of self-justification.

The Sixth Amendment to the Constitution establishes that every American has the right to “the Assistance of Counsel” if they are prosecuted for a crime. This was a pointed rejection of English common law, which barred felony defendants from hiring counsel to represent them. Over time, the Assistance of Counsel clause came to mean that everyone prosecuted for a crime had the right to competent and effective representation, even if they could not afford it. From that right, the American legal community developed a core tenet: Everyone deserves representation.

But once the American legal community invented corporate law and the large firm, it continued developing that tenet until it became so divorced from notions of liberty or equality under the law that it now works as a kind of force field preventing lawyers from facing any social or professional repercussions for their actions on behalf of their clients. Everyone has a right to counsel, and every lawyer has a right to earn a buck.

It is that mutated creed that explains why Neal Katyal went to the Supreme Court last Tuesday to argue that children enslaved to work on cocoa plantations should not be allowed to sue the corporations that abetted their enslavement.

Katyal is among the most prominent and decorated attorneys in the country. He is a Democrat who has been in and out of government since Bill Clinton’s second term. He returned to his private firm, Hogan Lovells, after serving as acting solicitor general for Barack Obama’s Justice Department. He is omnipresent on television and newspaper op-ed pages as a voice of “The Resistance” to Donald Trump. He is about as close as you could come to the embodiment of Big Law’s connection to the institutional Democratic Party.

And last week he argued that because the corporation that supplied Zyklon B to the Nazis for use in their extermination camps was not indicted at Nuremberg, Nestle and Cargill should not be held liable for their use of child slave labor. In his argument before the court, Katyal espoused a view of corporate immunity so expansive that even the conservative judges seemed skeptical. If you took him at his word, he was effectively asking the Supreme Court to make it impossible for any foreigner to sue any company for any harm done to them, up to and including kidnapping and enslavement.

An argument that repulsive coming from such a high-profile attorney—someone who could very likely serve in the incoming Biden administration or end up a judge—naturally caught the attention of left-of-center critics of corporate power. Most of them were not very impressed with the argument and expressed some less-than-flattering opinions about the person making it.

As always, public criticism of a successful attorney led inevitably to the creation and publication of a new version of the inexhaustible opinion piece classic: It is simply unfair to criticize a lawyer for making any argument on behalf of any client.

………

The point is not that Katyal should be disbarred or something for representing a client. The point is that the cases Katyal chooses to take, the arguments he chooses to make, even the firm he chooses to work for, all speak to his values. He cannot separate his politics, whatever he thinks they are, and whatever he wants everyone else to think they are, from his decision to defend Nestle against the threat of potential lawsuits from enslaved children. That is a statement about how one believes the world should be organized and on whose behalf the legal system should operate.

To defend an accused murderer or rapist in a criminal trial is a straightforward endorsement of the idea of the presumption of innocence, not an endorsement of murder or rape. That’s the act enshrined in our Bill of Rights. To make a career out of defending and expanding corporate power at the expense of employee and consumer power, on the other hand, is simply to endorse those things.

………

Instead of continuing to argue about these ideas in public, the American legal community largely decided to close ranks around a highly ideological understanding of professionalism and independence that happens to support the right of an elite attorney to make a fortune. Now any time someone—take, for example, Richard Kahlenberg, who went to Harvard Law and wrote a book about how that institution turns would-be idealists into corporate stooges in training—broaches concerns like Berle’s, they are met immediately with derisive sneers from law professors about not understanding the majesty of the legal profession.

People like those law professors and Neal Katyal illustrate something I wish more professional Democrats understood: The professional norms of the political class are not only not a substitute for actual values, they are, frequently, actively harmful to the project of liberalism these people claim to be advancing.

………

Neal Katyal’s professional project—one that I believe to be sincerely ideological and not simply mercenary—has been to protect corporations from the consequences of harming consumers and workers. Liberals should find that horrifying. If you want to make a fairer society or more equitable economy, Katyal is not your ally, no matter how many good deeds he has done. The professional norms that allow people like Katyal to get a pass on their lucrative private sector work are not actually essential components of our political system; they exist because no one in revolving-door Washington wants to feel bad about how they pay the bills.

The Democratic Party establishment (There is no Democratic Party establishment) is a product of this amoral calculus.

They are subscribing to the philosophy of Ayn Rand crush William Edward Hickman, who said, “What is good for me is right.”

William Edward Hickman also  kidnapped a 12 year old girl, ransomed her, and dismembered her, which is pretty much what the Democratic Party establishment (There is no Democratic Party establishment) has done to both the party, and the American people.

*I love it when I get to go all Dr. McCoy!

Tweet of the Day

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We need union busters who look like America. https://t.co/wqcefA7vd1

— Matt Stoller (@matthewstoller) December 7, 2020

This is a feature, not a bug.

It’s performative diversity, where all manner of parasitic and evil enterprises can be excused if it is staffed such that Non-Hispanic white are 60.1% of the staff, Hispanic and Latino (of any race) are 18.5% of the staff, African Americans are 13.4%, Asians are 5.9% of the staff, and the CEO is a non-binary BIPOC who grow up on welfare.

I am increasingly convinced that this is a deliberate attempt to prevent real change from happening.

Son, You Have a Future in the Republican Party

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Homophobic politico Jozsef Szajer, former MEP and an ally of Hungary’s Viktor Orban and a member of his neofascist Fidesz party, has resigned following being caught breaking Covid restrictions at a gay orgy in Brussels.

Sir, you have a future in the Republican party in the United States, and possibly a gig as a Fox News pundit:

A member of the European Parliament representing Hungarian Prime Minister Viktor Orban’s Fidesz party has resigned from his position in Brussels after he was caught leaving what reports described as a 25-man orgy on Friday.

Jozsef Szajer resigned on Sunday after he admitted to breaching Belgium’s strict lockdown rules to attend a sex party, Politico reported on Tuesday. The police found 25 naked men at the gathering, including Szajer and some diplomats, the Belgian newspaper La Dernière Heure reported. The newspaper quoted a local police source as saying, “We interrupted a gang bang.”

Orban’s Hungarian government has curtailed LGBTQ rights since he was elected prime minister in 2010. Szajer, who fronted Fidesz in the European Parliament, helped rewrite Hungary’s constitution to “protect the institution of marriage as the union of a man and a woman,” The Times of London reported.

Szajer, a right-wing politician and ally of Orban, climbed out a first-floor window and was spotted “fleeing along the gutter,” the public prosecutor’s office said. A source close to the investigation told Politico that officers were called after a complaint about a “night-time disturbance.”

Authorities said narcotics were found in Szajer’s bag. Szajer insisted that he had not taken drugs.

Brush up on your English elocution, and you could be the next Rush Limbaugh, spewing hate over our airways.

Round Up the Usual Wankers

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In an attempt to prevent money from getting people who actually need it, Senators Bill Cassidy (R-LA), Susan Collins (R-ME), Angus King (I-ME), Joe Manchin III (D-WV), and Mitt Rmoney (R-UT) and Mark R. Warner (D-VA) have proposed an emergency stimulus package that does little and will be an excuse for not doing more:

A bipartisan group of senators introduced a coronavirus aid proposal worth about $908 billion on Tuesday, aiming to break a months-long partisan impasse over emergency federal relief for the U.S. economy amid the ongoing pandemic.

………

It would provide $300 a week in federal unemployment benefits for roughly four months — a lower amount than the $600 per week Democrats sought, while still offering substantial relief to tens of millions of jobless Americans. The agreement includes $160 billion in funding for state and local governments, a key Democratic priority opposed by most Republicans, as well as a temporary moratorium on some coronavirus-related lawsuits against companies and other entities — a key Republican priority that most Democrats oppose. The measure also includes funding for small businesses, schools, health care, transit authorities and student loans, among other measures.

It’s weak tea, and does not do anything meaningful, but for these folks, it’s a feature, not a bug.

They are not there to solve problems, they just want to preen on the Sunday gas-bag circuit, because it is always about them.

A Shanda Fur Die Goyim

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After health authorities came down on like a ton of bricks on plans for a 10,000 person wedding of the grandson of the chief rabbi of the Satmar ultra-orthodox sect, the wedding of the grandson of other chief rabbi of the Satmar sect held a huge wedding in direct contravention of Covid-19 rules. (Yes, other chief rabbi. Some sort of schism whose details I do not know, or care to learn of) 

Fines is not enough.  People need to be jailed over this:

The city is investigating a wedding in the Satmar Hasidic community that reportedly drew thousands of people to an indoor celebration in Brooklyn without masks, in violation of pandemic social distancing restrictions.

Thousands of guests, most of them men, gathered earlier this month for the wedding of the Satmar Grand Rebbe Aaron Teitelbaum’s grandson, Yoel Teitelbaum, according to videos obtained by the New York Post. The videos appear to show wedding-goers packed inside the Yetev Lev D’Satmar synagogue in Williamsburg on Hooper Street, singing and dancing with no face coverings.

………

Last month, rabbi Aaron Teitelbaum’s rival (due to a longtime feud and split within the Satmar sect) Grand Rebbe Zalman Leib Teitelbaum planned to hold a large wedding for his grandson in which an estimated 10,000 guests from Brooklyn and Rockland County were expected to attend.

After pressure from officials and news coverage of the event, the synagogue’s leaders announced it would only be attended by close family members following what a spokesperson called “unwarranted attacks.” The state health commissioner issued a pre-emptive order to limit the number of guests.

This wedding, however, was planned in secret, according to the Post, citing a Yiddish-language newspaper, Der Blatt. The newspaper reported the wedding was planned by word-of-mouth to avoid “ravenous press and government officials,” according to the reports.

“If that happened, it was a blatant disregard of the law,” Governor Andrew Cuomo said on Sunday when asked about the wedding. “It’s illegal. It was also disrespectful to the people of New York.”

“If it turns out that because we stopped that wedding, the reaction was, ‘Well, we’ll have a secret wedding,’ that would be really shocking,” Cuomo added. “I’m sure [the city] will be able to figure it out, and then we’ll bring the full consequence of legal action to bear.”

I Do Not Believe This

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In a The New York Times OP/ED, Anand Giridharadas recounts a statement from Senate Democratic leader Chuck Schumer that I do not believe.

I don’t know whether Mr. Giridharadas is trying to blow smoke up our ass-holes, or if Schumer is trying to blow smoke up Mr. Giridharadas’ asshole, but this is quote is simply not credible:

On Election Day eve, I spoke with Senator Chuck Schumer of New York — the minority leader, who could, by a razor’s edge, become the majority leader in 2021 if the results of two presumptive runoffs for Senate seats in Georgia go the Democrats’ way. Because, like Mr. Biden, Mr. Schumer is an institutionalist and a moderate, I asked him about this idea of restoration versus transformation. Almost as soon as he heard me say the word “normalcy,” he began, for lack of a better term, to filibuster: “No, no, I don’t buy that.”

“My view,” he told me, “is if we don’t do bold change, we could end up with someone worse than Donald Trump in four years.” What passed for change in the past two decades (including during the Obama years) had not, he acknowledged, been “big enough or bold enough.” When I asked if Democrats bore some responsibility for that, he deflected: “There’s plenty of blame to go around.”

Charles Schumer is a creature of the status quo, a creature of our corrupt campaign finance system, and a creature of the special interests.

If you believe that he will be an agent of change, I want 15 grams of whatever you are smoking sent up to my room, because it is some intense sh%$.

Headline of the Day

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We Can’t Follow Obama Back to Brunch

—The Daily Poster

David Sirota and Andrew Perez offer a long overdue explanation of how Donald John Trump is not the disease, he is the symptom.

Seriously, if we give politics to the people who screwed everything up in the first place, we are setting the table for someone even worse than Donald Trump.:

In the closing hours of the 2020 election, Donald Trump is dishonestly casting his reelection bid as a crusade against the corrupt swamp that he helped expand and profited from, while Democrats are promising that if Trump is defeated, voters will finally be able to go back to brunch as the Washington establishment returns itself to power.

The former’s message is laughably dishonest, the latter’s message is profoundly cynical and potentially dangerous.

………

To counter Trump’s assault, the Democratic campaign this weekend returned to Flint, Michigan — the place the Obama administration left to suffer through a horrific toxic water crisis, exacerbated by Michigan’s then-Republican governor (who has since endorsed Biden).

During the event, Biden declared that during his last tour of duty as vice president, we “went through eight years without one single trace of scandal. Not one single trace of scandal. It’s going to be nice to return to that.”

………

This was the party’s flaccid message in the nation’s poorest city, a former General Motors manufacturing hub destroyed by deindustrialization and offshoring.  

………

It is true that the Obama years were not defined by petty bullshit that is routinely called “scandalous.” However, his two terms were hardly free of actual scandals. They were just the type of scandals that ruin regular people’s lives, but not the lives of people who wear expensive suits to work in Washington.

Obama helmed a presidency bankrolled by Wall Street donors that refused to prosecute a single banker who engineered a financial crisis that destroyed millions of lives.

He turned promises of significant health care reform into legislation that included a few positive consumer protections, but also enriched and strengthened the power of private insurance companies and dropped a promised public option. 

He acknowledged the threat of climate change, but then publicly demanded credit from the fossil fuel industry for helping boost oil production during a climate apocalypse.

He pledged to walk picket lines if workers’ union rights were under attack, but then he promptly walked away from promised labor law reform.

And yes, Obama’s administration slow-walked the response to the environmental catastrophe in Flint, Michigan.

………

That refrain represents a longing that has pervaded Democratic politics in the Trump years, embodied by the now-infamous protest signs insisting that “if Hillary was president, we’d all be at brunch.”  

………

However, Obama’s Flint speech went further. Echoing a previous refrain from Democratic Sen. Michael Bennet, it was a call to resurrect Brunch Liberalism whereby large swaths of the American left disengage and defer in much the same way it did during the Obama administration, to disastrous effect.

Though it is now forgotten history, the history is clear: After years of mass protest and activism against the George W. Bush administration, many liberal activists, voters and advocacy groups went to brunch after the 2008 election, fell in line and refused to pressure the new administration to do much of anything. Those that dared to speak out were often berated and shamed.

In touting a presidency we don’t have to think much about, Obama conjures the notion of a Democratic administration once again insulated from pressure from an electorate whose poorer populations are too busy trying to survive, and whose affluent liberals are thrilled to be back at Sunday morning brunch after watching an MSNBC host reassure them that everything is All Good.

We cannot allow a corrupt and increasingly geriatric Democratic Party establishment (There is no Democratic Party establishment) to continue business as usual.

About Damn Time

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I understand that a wedding, particularly the wedding of the grandson of a prominent rabbi, will traditionally be a time of celebration, but authorities were correct to shut down a wedding in the Hasicic community that would have had over 10,000 guests.

After the debacle that was the Sturgis rally, where thousands, if not tens of thousands of cases resulted, it is clear that these sorts of large social events are a clear and present danger to society.

The one of first steps to mending the world (תיקון עולם) is not to spread disease during a pandemic:

New York State health officials have taken extraordinary steps to shut down an ultra-Orthodox wedding planned for Monday that could have had brought up to 10,000 guests to Brooklyn, near one of New York City’s coronavirus hot spots.

The state health commissioner personally intervened to have sheriff’s deputies deliver the order to the Hasidic synagogue on Friday, warning that it must follow health protocols, including limiting gatherings to fewer than 50 people.

On Sunday, the synagogue, the Congregation Yetev Lev D’Satmar, accused state officials of “unwarranted attacks” on the wedding, where a grandson of Zalman Leib Teitelbaum, the synagogue’s rabbi, was to be married. The congregation said that the ceremony and meal would have been restricted to “close family members,” while the public would have been invited to participate only “for a short period of time.”

The wedding will continue, the synagogue said, but will be limited to a smaller group of family members. “It’s sad that nobody verified our plans before attacking us,” Chaim Jacobowitz, the congregation’s secretary, said in a statement.

The state health commissioner, Dr. Howard A. Zucker, took the rare step of issuing what is known as a Section 16 order, which can carry a daily fine of $10,000 if violated. The state has issued dozens of Section 16 orders during the pandemic.

A wedding involving 10,000 guests is insane even when you are not in the midst of a pandemic.

Finally!

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From Friday to now, over $150,000 in fines from 62 summonses were handed out by City agents in the Red, Orange and Yellow zones, including 5 to non-compliant religious congregations.

— City of New York (@nycgov) October 11, 2020

New York is finally enforcing tanctions against people who violate social distancing and mask mandates.

Notably, this includes members of New York’s Ultra-orthodox Jewish community, who have been been notorious for ignoring rules against mass gatherings.

I get that these communities have a lot of political pull, but their reckless behavior needs to be checked:

Authorities cracked down this weekend on some of the city’s coronavirus hot spots, issuing more than 60 summonses and tens of thousands of dollars in fines to people, businesses and houses of worship that did not follow newly imposed restrictions on gatherings or mask-wearing and social-distancing requirements.

Among those issued a summons by the New York City sheriff were a restaurant and at least five houses of worship in the city’s “red zones,” where coronavirus infection rates are the highest. Each of those locations was given a summons that could result in up to $15,000 in fines, said Sheriff Joseph Fucito.

That means some of these were synagogues.

There are certain things that only can be done in a group in Jewish worship, but you only need 10 people, a minyan, to do that.  You don’t need 200 crammed together in a synagogue, it can be 10 folks in a living room.

In total, officials issued 62 tickets and more than $150,000 in fines during the first weekend the new restrictions were in effect, the New York City government Twitter account said on Sunday.

The city is wrestling with its most acute pandemic crisis since the virus first swept through the five boroughs in March. Since mid-August, city and state officials say large gatherings and lax social distancing have caused a surge in new cases in pockets of Brooklyn and Queens, many of them in Orthodox Jewish neighborhoods. The spike prompted Gov. Andrew M. Cuomo to issue new restrictions on large gatherings and nonessential businesses in certain parts of the city.

………

One of the Orthodox Jewish men who led protests against the restrictions, Heshy Tischler, was taken into custody by the police department’s warrants squad Sunday night, a police official said. Mr. Tischler, a talk radio personality, is expected to be charged with inciting a riot and unlawful imprisonment in connection with an incident in Borough Park, Brooklyn, last week in which a Jewish journalist, Jacob Kornbluh, was attacked by a crowd during a protest.

The sense of entitlement in this community is mind boggling.

Jews are supposed to be a light unto the nations, not a group of self-important thugs.

Yeah, “Forgot.”

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It turns out that Amy Coney Barrett omitted significant items from her submissions to the Senate Judiciary Committee, including speeches that she gave to anti-abortion groups, representing a steel magnate who drove a hospital into bankruptcy, and signed onto a letter calling for the overturning of Roe v. Wade.

She only revealed these on an amended form AFTER these were reported by the press.

It won’t matter, because Lindsay Graham does not care about this.  He’s hitched his wagon to Donald Trump.