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History Teacher Fired for Allowing Students to Question “Holocaust” Loses Lawsuit On Appeal

By Eric Striker | National Justice | April 27, 2020

Jason Mostafa Ali, a New Jersey history teacher of Egyptian descent, had his appeal in a lawsuit alleging discrimination at the hands of the principal at his school tossed out of federal court.

The dispute began in 2017, when Woodbridge High School’s Jewish principal Glenn Lottman lobbied local Superintendant Robert Zega to have him fired.

Zega and Lottman terminated Ali after he allowed students in the class to question the Holocaust and whether the Mossad aided Al Qaeda during the 9/11 terror attacks.

The students were questioning the Holocaust and the legacy of Hitler on their own. Ali only encouraged the students to engage in critical thinking without ideological input.

Public schools supposedly protect the First Amendment, yet in this case, Ali was punished for merely allowing the students to read their papers out loud.

One of the papers was based on the documentary “Adolf Hitler: The Greatest Story Never Told,” showing just how far revisionists have come in impacting the debate over the Second World War. An English teacher overheard it being discussed and informed on Ali and his students to administrators.

After being interrogated by Zega and Lottman on why he didn’t punish the students for “denying” the Holocaust, Ali affirmed the right to question everything. He was then fired.

During his trial, Ali argued that he had a First Amendment right to set his own lesson plans, and his students had a right to examine history from whatever perspective they saw having the most compelling evidence. The Judge in the case, Madeline Cox Arleo, said he did not and Lottmann had a right to fire him.

Jennifer Rich, a Jewish professor in “Genocide Studies,” was called in to provide expert testimony in the case. She lauded the suppression of ideas she doesn’t like and condemned Ali in an op-ed for the liberal clickfarm Raw Story.

Ali also alleges that Principal Lottman would constantly make discriminatory remarks, like referring to him as a terrorist and “that Egyptian.” Ali put extra emphasis on this part of his case when moving to the appellate court.

Appeals to the Civil Rights Act in politically sensitive cases tends to do better in lower courts than invoking the actual Constitution, but the US Court of Appeals’ 3rd Circuit decided not to give his case any more oxygen. This is yet another blow to free speech.

While this story is being widely reported, neither conservative “free speech” advocates or the ACLU appear to have any problem with this attack on the First Amendment.

April 27, 2020 Posted by | Civil Liberties, Timeless or most popular | , | Leave a comment

Why Outside Air is Safe and Park Closures Should End

Cliff Mass Weather Blog | April 18, 2020

During the past month, the fear of coronavirus had spurred political leaders to close parks and nature areas throughout the country.

In Washington State, all state parks and state lands managed by the Department of Natural Resources are closed through at least May 4. Here in Seattle, all major city parks were closed last weekend and parking lots for city parks are still shuttered. Picnicking, barbecuing, and any sports are illegal in Seattle parks. In California, hundreds of state parks, including many major beach areas, have been closed, and parking has been blocked off for all state recreation facilities.

All of these closures are predicated upon the assumption that coronavirus infection is a serious threat in outside air and that virus spread is significant outdoors. As documented in this blog, such an assumption is not consistent with the best science. Furthermore,  there is strong evidence that restriction of public access to parks and natural areas threatens both the physical and mental well being of the population and thus is counterproductive. Many politicians claim that parks must be closed to prevent large groups from gathering and spreading the virus. As we will see, such worries appear to have little basis in fact.

Torrey Pine Beach north of San Diego Is closed

Is Outside Air Safe?

After searching through the literature and talking to a number of doctors and researchers, I could not find a single paper suggesting significant outdoor transmission of COVID-19 or any coronavirus. But there is a huge literature and long historical experience suggesting that outside air is immensely safer than indoor air within constrained spaces. Here are a few examples and some quotes from medical experts on this point:

  • Qian et al., 2020: Examined 1245 confirmed cases in 120 cities in China and identified only a single outbreak in an outdoor environment, which involved two cases.
  • Nishiura et al., 2020: Transmission of COVID-19 in a closed environment was 18.7 times greater compared to an open-air environment (95% confidence interval).
  • Lidia Morawska, professor and director of the International Laboratory for Air Quality and Health at Queensland University of Technology in Brisbane, Australia.”: Outdoors is safe, and there is certainly no cloud of virus-laden droplets hanging around… Firstly, any infectious droplets exhaled outside would be quickly diluted in outdoor air, so their concentrations would quickly become insignificant. “In addition, the stability of the virus outside is significantly shorter than inside. So outside is not really a problem… It is safe to go for a walk and jog and not to worry about the virus in the air”

Influenza patients were moved into the sunny, outside air to promote recovery during the 1918-1919 pandemic.

  • There is deep experience during other pandemics that placing patients outdoors greatly enhanced their recoveries and lessened spread to others. In fact, during some pandemics (like 1918-1919) open-air hospitals were built and patients were moved outside into the sun, with very positive impacts. To quote one paper on the subject (“The Open Air Treatment of Pandemic Influenza”, which documented the reduction of mortality and morbidity in the open air: “more might be gained by introducing high levels of natural ventilation or, indeed, by encouraging the public to spend as much time outdoors as possible.”
  • There is an extensive literature that ultraviolet radiation from the sun can quickly degrade the viability of viruses in the air (e.g., Schuit et al. 2020: The Influence of Simulated Sunlight on the Inactivation of Influenza Virus in Aerosols). As noted by Lytle et al., 2005: “Sunlight or, more specifically, solar UV radiation (UV) acts as the principal natural virucide in the environment.” Duan et. al. 2003 found that “UV irradiation can efficiently eliminate the viral infectivity”
  • A fascinating study of virus transmission in dorms at the University of Maryland compared students in rooms with poor ventilation, with those who kept their windows open all the time (Zhu et al., 2020).  Those with open windows had one-fourth the rate of respiratory infections. Some did complain of being cold, though.
  • Virus particles rapidly disperse in the open air as noted by Case Western Reserve University Hospitals infectious disease specialist Dr. Amy Edwards: “When someone coughs or sneezes, most of the virus drops to the ground within 6 feet pretty quickly. That’s why doctors recommend social distancing. If a few particles remained in the air, they would be killed off by UV light in the sun, or blown away by the wind”

I could quote a lot more literature and from additional specialists, but you get the point. Being in fresh, outside air, particularly when the sun is out, is clearly a good place to lessen one’s exposure to COVID-19.

The risk of transmission of COVID-19 is extraordinarily less in outside air compared to within buildings. There is essentially no background concentrations of the virus in outside air. Ultraviolet radiation from the sun is destructive to the virus. There is rapid dispersion of any source of virus (e.g., an infected coughing individual) by the wind in the vast outside volume of air. And there is a substantial literature that concentration matters: the more exposure to viral particles the greater the chance of infection. Viral concentrations will be very low outside, if they are measurable at all.

Another issue is humidity. Viral transmission is degraded by high humidities and enhanced by lower humidities (check out this excellent recent review article: Moriyama et al. 2020); several papers suggest that relative humidities above 40% degrade transmission. During the cool season, humidity inside building tends to be very low (check my earlier blog for an explanation), but outside humidities are generally much higher. For example, below is a plot of the relative humidity in Seattle over the past three years. Outside relative humidity only rarely drops below 40% around here.  Inside RH is often below 40% during the cool season.

Recently, there has been a lot of media attention regarding a simulation of particle dispersion from a coughing runner, with recommendations not to run directly behind him/her and particularly in the wake region behind the runner. There was some dramatic imagery (see below), but the risk from sick runners is really quite small.

First, there are not many runners coughing and sneezing while running–when someone is sick with the virus they have great fatigue and if they were asymptomatic carriers they would not be coughing! (Note: there are some folks that cough after intense exercise). Furthermore, the large virus-laden droplets tend to fall quickly and the smaller particles/droplets tend to follow the streamflow around an obstacle (that’s you). Most importantly, the droplets ejected from a sick runner would rapidly disperse in the free atmosphere and the UV radiation would work to lessen the viability of a virus. Yes, there is a slipstream of air immediately behind a runner in which concentrations could be greater…. but how many people are running immediately behind a sick runner? Even in the video, little of the particles reach the face of the runner following immediately behind. Folks, this is a very small risk.

So let’s get back to the policy decision to ban folks from parks and why it is illogical and contrary to common sense.

Hopefully, you are convinced that outside air is immensely more healthful with far less COVID-19 risk than the air we breathe inside of buildings. You really want folks outside for that reason alone.

But what about social distancing? If that is good, you want folks to spread out as much as possible. Thus, they should be ENCOURAGED to get their fresh air in vast open public spaces and particularly ones with lots of air motion (i.e. wind).

But yet that is exactly the opposite of what our political leadership is doing. Here in Seattle, the Parks Department closed the largest parks in the city (like Magnuson, Lincoln and Discovery) last weekend, parks that afford great opportunities for social distancing (see map). Many of these large parks (red X in the above figure) are near the water and experience stronger winds that are  particularly favorable for virus dispersal. In contrast, the city left the smaller parks open, concentrating folks in small areas. Just as bad is the closing of park parking lots, which forced folks to leave their cars outside of parks and to walk in narrow corridors (less social distancing) to enter the parks.

Magnuson Park was closed and everyone is forced to walk on the crowded path to the left.

In California, vast beach areas are closed, again forcing folks to stay indoors or crowd onto limited walkways.

All these park closures are based on fears of transmission within groups enjoying the parks. But such closures do not make sense. First, there is little evidence of viral spread in outdoor spaces, even when crowded. Second, there is little evidence for such crowding in Washington State and California parks in other than the most isolated incidents. I have been to several Seattle parks during the past weeks– folks are generally careful and respectful, without large collections of folks in close proximity. Obviously, park officials can make it clear that closely packed large crowds are not appropriate and that there will be warnings and citations if such crowds occur. To put it succinctly, park closure is a solution in search of a problem that has never been shown to exist. And it hurts exactly the people it is meant to help.

More Issues

Going to parks is extraordinarily good for physical and mental health. Being outside exposes folks to the sun’s UV rays that facilitate production of vitamin D, which bolsters the immune system and reduces the chance of infection by COVID-19 and other pathogens. Recently, I got a call from a UW professor of medicine who is working on exactly this important relationship with COVID (he needed global UV/solar radiation data), confirming the above. Vigorous exercise and even walking enhance the immune system, reducing chances of infection. And exercise and fresh air have a very positive effect on mood, reducing stress and anxiety–both of which weaken the immune system,

And in a progressive city like Seattle, or in the progressive states of Washington or California, there are simple equity ideas that should be compelling. Closing parks or making entry difficult hurts low income people the most. Folks that live in small apartments or in crowded environments greatly enjoy the physical and emotional release of our wonderful large parks. They are the ones who are most deprived by the park closings, both mentally and physically, in comparison to those with large homes and extensive garden areas. And the closing of parking lots deprives the elderly and physically handicapped from the healthful conditions in our parks and the emotional salve of enjoying the outdoors. I have noted the demographic shift in the park when the parking lots were closed.

In some ways, this is all about risk. There is an extraordinarily small risk of catching COVID-19 while enjoying parks and natural areas. I mean really, really small. But park closures provide substantial risks that clearly threaten one’s physical and mental health. Our society is not particularly good in qualifying and acting upon risks, and the park closures are a prime example of this failure.

Sunset at Shoreline’s Richmond Beach Park.

Parking is closed and many cannot enjoy this view anymore.

Governors Inslee, Cuomo, and Newsom have all stated that in dealing with the COVID-19 crisis it is essential to “follow the science.” It is time that they follow their own advice, reopening all the parks and nature areas, including the restoration of all parking facilities and access.

__________________________________________________

Addendum: A few commenters (and some politicians) have said that the parks should be closed because a few individuals did not practice sufficient social distancing in their evaluation. So should everyone be punished and denied access to the parks because of a very small minority (the overwhelming number of park visitors are not gathering in groups)?

Such communal punishment seems something out of a non-democratic society. Plus, the dangers of isolated groups in the outside air is totally speculative and not based on any evidence.   Consider the situation on the highways. Because some people are speeding and endangering others, do we stop EVERYONE from driving. Of course not. We warn them and give them tickets. We can do the same thing in parks.

PSS: There are reasonable measures that could be done in parks, like closing active playgrounds and perhaps the bathrooms. Places where many people are physically touching the same objects.

April 27, 2020 Posted by | Civil Liberties, Science and Pseudo-Science | , | Leave a comment

Craig Murray Defence Fund Launched

By Craig Murray | April 24, 2020

I know of four pro-Independence folk who were last week phoned or visited by Police Scotland and threatened with contempt of court proceedings over social media postings they had made weeks back on the Alex Salmond case. Then on Monday, a Scottish journalist I know had his home raided by five policemen, who confiscated (and still have) all his computers and phones. They said they were from the “Alex Salmond team” and investigating his postings on the Alex Salmond case. He has not to date been charged, and his lawyer is advising him at present to say nothing, so I am not revealing his name.

Then on Tuesday morning, a large Police van full of police pulled up onto the pavement right outside my front gate, actually while I was talking on the phone to a senior political figure about the raid on my friend. The police just sat in the van staring at my house. I contacted my lawyers who contacted the Crown Office. The police van pulled away and my lawyers contacted me back to say that the Crown Office had told them I would be charged, or officially “cited”, with Contempt of Court, but they agreed there was no need for a search of my home or to remove my devices, or for vans full of police.

On Thursday two plain clothes police arrived and handed me the indictment. Shortly thereafter, an email arrived from The Times newspaper, saying that the Crown Office had “confirmed” that I had been charged with contempt of court. In the case of my friend whose house was raided, he was contacted by the Daily Record just before the raid even happened!

I am charged with contempt of court and the hearing is on 7 July at the High Court in Edinburgh. The contempt charge falls in two categories:

i) Material published before the trial liable to prejudice a jury
ii) Material published which could assist “jigsaw identification” of the failed accusers.

Plainly neither of these is the true motive of the Crown Office. If they believed that material I published was likely to have prejudiced the jury, then they had an obvious public duty to take action BEFORE the trial – and the indictment shows conclusively they were monitoring my material long before the trial. To leave this action until after the trial which they claim the material was prejudicing, would be a serious act of negligence on their part. It is quite extraordinary to prosecute for it now and not before the trial. … continue

April 24, 2020 Posted by | Civil Liberties | , | Leave a comment

Monitoring the Public After Coronavirus

By Philip Giraldi | Strategic Culture Foundation | April 23, 2020

It is too early to say when or even whether the siege initiated by the coronavirus will end, but many Americans and Europeans are speculating over what kind of countries will emerge on the other side. National Security Agency (NSA) whistleblower Edward Snowden, who exposed illegal spying on American citizens, recently predicted that there would be a “slide into a less liberal and less free world,” that the surveillance systems being created to monitor the spread of the disease would become an “architecture of oppression.” To be sure he has a point in that governments have historically used crises to expand their powers. After the crisis is over, the emergency power granted to manage the activity of the people tends to be retained.

Much depends on the lessons learned from what is being done to contain the virus currently. If testing and “keep your distance” does not succeed in checking the spread of the disease and restoring a version of what once was normal life, harsher and more permanent measures might prevail. Alexander Dugin foresees a “military-medical” dictatorship developing.

The rapid spread of the virus has also spawned some unusual conspiracy theories. One claims that the virus was actually developed in the United States, stolen from a lab by Chinese scientists and then released in China before being allowed to propagate worldwide as part of a communist conspiracy to destroy the economy and political system in the U.S. Another has cast Bill Gates as the villain, claiming that he had a hand in the appearance of the virus as part of a nefarious plot to take over global health care. The megalomaniacal Gates certainly is to blame for using his wealth and status to promote a universal “health” surveillance system for the post-coronavirus world, but that he might have been behind the appearance of the virus itself is certainly a bit of a stretch. Still other theories connect the appearance of coronavirus to 5G telecommunications technology.

The reality of to what degree the national security state that already exists tightens its grip based on a continuing medical emergency pretty much depends on how the virus itself reacts to summer heat and the measures being taken to contain it. Meanwhile, there have been some decidedly extreme proposals about what the United States and other nations might consider doing to seize and maintain the high ground in the battle against a still proliferating, highly contagious and lethal disease.

The key to stopping the spread of the virus, most authorities would agree, is to test and monitor nearly all the public, to force them if needs be to maintain distance from individuals who are already infected. There have been several proposals for how to do that ranging from testing nearly everyone and issuing health ID cards based on the results, with those individuals considered contagious or especially vulnerable being subject to quarantine or some form of further isolation. One over-the-top plan would make the health status of individuals recorded and updated on a chip readable by government scanners that would be permanently embedded in everyone’s body.

The plan that appears to have the best possibly of being adopted is being promoted in a joint venture by Apple and Google that appears to have White House support. Bloomberg reports that “Apple Inc. and Google unveiled a rare partnership to add technology to their smartphone platforms that will alert users if they have come into contact with a person with Covid-19. People must opt in to the system, but it has the potential to monitor about a third of the world’s population.”

The monitoring would be done by central computers and once the principle is established that phones can be manipulated there are no technical or practical limits to what other tasks could be included. That means that the observation made by protagonist Winston Smith in George Orwell’s “1984” has finally been realized. Smith was doing the mandatory half hour of exercise daily in front of his television, but when he began to slack off a voice from the TV set admonished him. He then accepted that in theory the government was actually capable of surveilling everyone all the time and might in fact be doing so. Well, George and Winston, we have finally arrived at 1984.

Even if coronavirus fades into obscurity, government might plausibly exploit the fear created by it to push hard that a surveillance mechanism be continued and even expanded to prevent its recurrence or the development of future pandemics. That is what the “science” tells one is the right thing to do, at least according to some scientists, but it ignores individual liberty of association, guaranteed by the First Amendment of the Bill of Rights in the United States Constitution. The U.S. and other governments have long demonstrated that when it comes to individual freedom versus the ability of the state to impose a statist uniformity, the rules makers will always win out. 9/11, for example, produced the Patriot and Military Commission Acts that have considerably abridged personal liberty in America, even though the threat of terrorism was overstated at the time and has considerably receded ever since. Yet, unfathomably, the Patriot Act has survived and keeps getting renewed by Congress.

Predictably perhaps, presidential son-in-law and jack of all trades Jared Kushner, fresh from his failure to bring peace to the Middle East, has been placed in charge of a White House task force that will determine how and when to develop a pandemic surveillance system which will also link those ill to hospital centers for mandatory screening and treatment. The argument being made is that tracking nearly everyone would enable the identification and quarantining of those who are sick in nearly real time, controlling the spread of future viruses that has up until now been impossible. That the information would be collected into a national data base appears to be part of the program and it would, of course, include information on the patient’s location and activities.

As social media is already being manipulated and controlled by the government working hand-in-hand with the oligarchs who own and operate the sites, the ability to further isolate members of the public so as to preempt the development of any genuine resistance to state policies might well be seen as highly desirable. It would be a gift to a developing police state to be able to know where everyone is at any given time and be able to intuit what they might be doing. Real troublemakers could be further identified and singled out for special attention.

And one should note that it all comes at a time of great vulnerability to both revolution and repression, when representative government is under siege in many countries, unable to control the narrative as it once did. Donald Trump in a tweet barrage last Friday called on his followers to “liberate” Michigan, Minnesota and Virginia because he disapproved of the policies on coronavirus and gun control being advanced by their respective governors, all Democrats. Calling for the overthrow of state governments is illegal, a call to insurrection, but Trump apparently believes that having survived one impeachment attempt he is now untouchable. If many Americans begin to take Trump’s exhortations literally, it could be a sign that the admittedly dystopian political equilibrium in the U.S. is about to spin out of control.

April 23, 2020 Posted by | Civil Liberties, Full Spectrum Dominance | , | Leave a comment

Daily Mail Falsely Brands Riots Against Police in Paris Suburbs as ‘Anti-Lockdown’ Protests

Sputnik – April 20, 2020

On 19 April, riots broke out in the suburbs of Paris following an accident where a 30-year-old motocyclist was seriously injured after he collided with a police car, with circumstances of the incident still being reviewed.

The Daily Mail has misleadingly branded anti-police clashes in Villeneuve-la-Garenne near Paris as “anti-lockdown” riots in the headline of its Monday article, while linking the skirmish to Emmanuel Macron’s recent extension of social-distancing orders.

The riots erupted in response to an incident in the evening of 18 April, when a 30-year-old motorcyclist was seriously injured after colliding with the open door of an unmarked police car. The man, whose leg was severely fractured in the incident, was successfully operated on on Sunday but was planning to file a complaint against the police.

According to the local authorities, the police opened the car’s door in order to detain the man, who was riding at a high speed. However, according to witnesses’ accounts and videos on social media, the door could have been opened deliberately in order to stop the motorcyclist. The incident is currently being investigated.

Following the incident, riots broke out in the Parisian suburb of Villeneuve-la-Garenne and continued through Sunday. They erupted again on Monday night, with protesters alighting cars and furniture on the streets and firing fireworks, while local law enforcement rushed into the areas. The videos of the incidents have been extensively circulating on social media.

April 20, 2020 Posted by | Civil Liberties, Fake News, Mainstream Media, Warmongering | , | Leave a comment

‘Eco-fascism’ Troubles Climate Alarmists

By Robert Bradley Jr. | MasterResource | April 14, 2020

We’re the virus.’ How eco-fascism hurts climate action,” rang the title of a ClimateWire piece by Jennifer Hijazi of April 8, 2020.

Her article begins:

Sharp declines in emissions from the coronavirus pandemic are a vivid illustration of the challenge of addressing climate change, rather than a silver lining, according to experts.

As the health crisis drags on, there’s a growing effort to recast the downward trajectory of carbon dioxide as a warning about the depth of action that’s needed to slow global temperature increases. It comes as extreme reactions to the pandemic, like grounded airplanes and empty streets, have been widely interpreted as a beneficial side effect that’s resulted in less pollution.

And ends:

A parade of stories emerged in the early days of the pandemic pointing to the virus’s seemingly positive impact on the environment — some of which were fake.

Celebrating the environmental benefits of the pandemic’s response comes dangerously close to rooting for a virus that could kill 1 million people or more, some experts caution.

Others say it resembles eco-fascism.

She then describes eco-fascism, which surely includes Paul Ehrlich and John Holdren; Al Gore in Earth in the Balance; and scary-eyed Bill McKibben (and a lot of others, including Thomas Friedman, and Paul Krugman, on their angry days). [1]

Eco-fascism is a totalitarian ideology that advocates for authoritarian governance for the greater environmental good. Some who ascribe to the philosophy sometimes say that human population control — often in the most marginalized communities — is needed to preserve the planet.

Climate activist group Extinction Rebellion had to disavow fake flyers bearing its logo that read, “Corona is the cure humans are the disease.” One tweet that gained attention on social media said: “Earth is recovering. We’re the virus.”

Falling emissions are often wed to difficult times. Dale Jamieson, professor of environmental studies at New York University, noted that periods of suffering, like the Great Recession of 2008, usually result in temporary pollution dips.

“But of course, it’s not anywhere along the lines of the solution path,” he said, referring to climate change.

Extreme narratives that celebrate the environmental benefits of the pandemic can damage efforts to address rising temperatures, even if they’re not prevalent. That’s especially true if it creates the impression that environmentalists are seen as “anti-people,” Klopp said.

“It is important for people to speak out at this moment, but they should not be framing this as the pandemic is our [climate] policy response,” she said. “They should be framing this as the pandemic is teaching us why our policy responses as a planet are inadequate.”

The Progressive Left is at war with itself. Instead of incrementally getting to where they want to go in a period of general prosperity, the Pandemic has offered up a destination that deep ecologists have celebrated. It is, rightfully, a PR disaster for climate alarmism.

—————–

[1] Jeff Sparrow, author of the book Fascists Among Us (2019), also described the environmental civil war: “It’s not difficult to imagine ‘eco-authoritarianism’ or what Naomi Klein calls ‘climate barbarism’: a politics centred on the state making “our way of life” sustainable as the environment disintegrates. Future governments committed to this project will be able to draw upon the vast array of coercive powers they’ve acquired over the past decades: draconian anti-protest laws; secret trials and imprisonment; the deployment of the army to quell civil disturbances; and so on.”

April 19, 2020 Posted by | Civil Liberties, Economics, Malthusian Ideology, Phony Scarcity | | Leave a comment

‘Grave concerns’ about Covid-19 immunity passports

By Tom WHEELDON | France 24 | April 16, 2020

Trapped between the competing urgencies of saving lives from Covid-19 and avoiding economic calamity, some government officials have mooted “immunity passports” as a way through the impasse. But experts told FRANCE 24 that the necessary antibody testing is not reliable enough – and even if the scheme were feasible, it could create a dangerous incentive for some to acquire the virus in order to qualify for some to acquire the virus in order to qualify for the passport.

The global tally of confirmed coronavirus cases surpassed 2 million on Wednesday – a day after researchers at the Harvard School of Public Health warned that the US may need to keep some social distancing measures until 2022, while the IMF predicted that, thanks to “the Great Lockdown”, the world will suffer the worst recession since the Great Depression.

Anxious about both the unfolding economic disaster and the risk of Covid-19 resurging if lockdowns are reversed prematurely, some officials in hard-hit countries have suggested that a system of immunity passports could be a route out of the coronavirus crisis – for some at least. The idea is that people who have already had the disease and thereby gained immunity could be given permits to live their lives mostly like they did before the pandemic.

Shortly after emerging from self-isolation after testing positive for Covid-19, the UK’s Health Secretary Matt Hancock announced in early April that the British government was considering an “immunity certificate” system to allow those who qualify to “get back as much as possible to normal life”.

Paris Mayor Anne Hidalgo has also given the idea her backing – putting it in a list of proposals for returning to business as usual in the City of Lights that she sent to the French government. On the other side of the Atlantic, Anthony Fauci, the director of the US National Institute of Allergy and Infectious Diseases, told CNN that immunity passports are “being discussed” in the Trump administration. “It might actually have some merit under some circumstances,” he added.

Antibody tests ‘not sufficiently accurate’

Immunity passports would require tests for antibodies specific to Covid-19, which would be different from those used to discern whether or not people currently have the virus. The problem is that, as things stand, these tests “are not sufficiently accurate for individual immunity passports”, which means that “we are still a long way off it being useful to test individuals with these methods”, said Claire Standley, an assistant professor at Georgetown University’s Center for Global Health Science and Security.

A major reason why such tests look likely to be ineffective, Standley explained, is that they do not seem specific enough to avoid mistaking a similar virus for Covid-19: “There may be cross-reactivity between the antibodies for SARS-CoV-2 [Covid-19] and other circulating coronaviruses – including those that cause common colds – meaning a positive result might not indicate past exposure to SARS-CoV-2 but maybe another coronavirus instead.”

As well as flagging up people who have recovered from ailments that merely seem similar to Covid-19, Standley said these tests also have a problem in failing to detect some people who have experienced a minor form of the virus: “High false negative rates (lack of sensitivity) of the test mean that those currently available are not recommended for patient-level clinical diagnosis; unless the sensitivity improves, these tests may also not be effective in identifying people who have recovered from mild cases of Covid-19, and thus may have lower levels of antibodies in their blood.”

Immunity for less than one year?

Issues with the accuracy of testing equipment may be solved through rapid technological advances as the world’s scientists focus their energy and resources on tackling the coronavirus pandemic. However, one potentially intractable problem with immunity passports is that immunity might not last terribly long.

“At this point, the virus has been widely circulating in Europe and North America only for a couple of months, and so that is all the information we have – we will know in a year if immunity lasts a year; we will know in two years if immunity lasts two years,” noted Abram Wagner, an assistant professor of epidemiology at the University of Michigan. “From past research into other coronaviruses, immunity was not long lasting, and I would not be surprised if, for most people, immunity lasted less than one year.”

In addition to these scientific hindrances standing in the way of immunity passports, there are worries about the social implications: “I suspect many people will be resentful if others were able to return to work and make money because they had an immunity passport,” Wagner put it.

“I have grave concerns about how these types of schemes could be implemented equitably and fairly, even assuming a reliable antibody test were available, and more known about the length of immunity and how protective it is,” Standley added.

In particular, she said, immunity passports threaten to accentuate inequality between the haves and have-nots, which lockdowns have already intensified: “If the tests need to be purchased, this could further exacerbate disparities between those who can afford the tests (and who may already have been able to work from home/maintain an income during lockdown) versus those who cannot, and thus would be further barred from re-entering the workforce.”

Another unsettling point Standley raised is that immunity passports could create a perverse incentive to contract the coronavirus: “In an effort to return to work, or allow their children back to school, will the promise of an immunity passport make people behave less responsibly, and risk infection, in order to end up with a positive antibody test?”

In this way, an idea touted as a way of giving people their lives back could disadvantage those who have acted most virtuously, Standley warned: “The scheme would potentially punish those citizens who have behaved responsibly and tried their best to reduce their own risk of exposure and that of transmission within their communities.”

April 17, 2020 Posted by | Civil Liberties, Science and Pseudo-Science | Leave a comment

NYT flip-flops on Covid-19 contact tracers – because now it’s not China

‘Mao-style social controls’ or benign citizen ‘armies’?

Protesting is a “non-essential” activity, citizen! © Reuters / Kevin Lamarque
By Helen Buyniski | RT | April 16, 2020

The same citizen virus-tracing corps the New York Times decried in China as Maoism incarnate is being tried in Massachusetts and San Francisco, and the outlet has decided that what’s bad for Beijing is good for democracies.

Massachusetts and San Francisco – as well as the Republic of Ireland – are deputizing citizens to track down contacts of people infected with coronavirus, the Times reported on Thursday, describing the programs in glowing terms. After a blow-by-blow of a phone call between one of the newly-hired Massachusetts virus-trackers and her target, who gratefully gives up a file’s worth of data, we learn that the state plans to hire 1,000 caring professionals just like her to fill out its “fleet of contact tracers, charged with tracking down people who have been exposed to the coronavirus, as soon as possible, and warning them.”

The article emphasizes the bonds of “trust” between contract-tracer and coronavirus victim. There’s no talk of imprisoning people in their homes, of “keeping away outsiders” or of “arbitrary” enforcement. Indeed, one has to read to the end of the article to find out that the Massachusetts program was heavily informed by data from Wuhan and techniques from South Korea.

Massachusetts gets the warm-fuzzy treatment… © New York Times

There is just one slight problem: the NYT had already described a similar program in an article from February saying that “Mao-Style Social Control” was “blanketing” China. That piece sketched out an oppressive world in which “battalions of neighborhood busybodies, uniformed volunteers and Communist Party representatives” conducted “one of the biggest social control campaigns in history.” The goal, as the outlet melodramatically put it back then, was “to keep hundreds of millions of people away from everyone but their closest kin.”

… while China’s equivalent is “coercive” and “arbitrary” © New York Times

Stripped of the linguistic fireworks, the story described Beijing deputizing citizens to enforce quarantines by (among other things) tracing who infected persons had been in contact with, in order to keep the infected separate from the rest of the population. Not a bad idea, given the unreliability of testing and the highly-infectious nature of the coronavirus. It’s not surprising it’s catching on in the West.

San Francisco is training an all-volunteer group of 150 contact tracers, while Ireland plans to repurpose 1,000 furloughed government workers to trace contacts. Former US Centers for Disease Control director Thomas Frieden has even recommended a national “army” of 300,000 contact tracers, while other public health experts have praised the idea. It’s difficult to see how – other than the shift in vocabulary – these incarnations of what Mike Ryan of the World Health Organization called “shoe-leather epidemiology” differ from what the Times described as “Mao-style social control” in China.

With the question of how to end lockdowns still unresolved in many ‘democracies,’ human contact-tracing may emerge as the “lesser evil” with regard to preserving individual rights. While Bill Gates touts his “digital certificates” and dubious vaccines, and Apple and Google collaborate on a digital contact-tracing platform – an approach laden with privacy pitfalls that has already been used in Singapore and South Korea – that ‘Mao-style social control’ is starting to look like the most freedom-friendly option.

April 16, 2020 Posted by | Civil Liberties, Progressive Hypocrite | , | Leave a comment

America’s rigged democracy: The oligarch takeover of America’s political system

By Jon Hellevig | The Saker blog | April 15, 2020

The coronavirus and related financial crisis ravaging America have revealed the country to be the dysfunctional, borderline failed state that it is. America’s dysfunction is broad in scope but almost entirely traceable to one common origin: the oligarch takeover of the economymediahealthcare and political system. I have already reported on the first three of these, and here I will dissect what’s so fundamentally wrong with the political system.

Here are the links to above referenced reports:

Extreme concentration of ownership in the United States

http://blogengine.hellevig.net/post/2019/05/13/Extreme-concentration-of-ownership-in-the-United-States-.aspx

The Oligarch Takeover of US Media

http://blogengine.hellevig.net/post/2019/05/13/The-oligarchy-wields-totalitarian-control-over-the-media-through-just-a-few-corporations.aspx

The Oligarch Takeover of US Pharma and Healthcare

https://thesaker.is/the-oligarch-takeover-of-us-pharma-and-healthcare-and-the-resulting-human-crisis/

For someone indoctrinated to believe America to be some shining beacon of democracy, it may come as a shock to learn how restrictive US election laws are and how openly corporate interests have been allowed to buy up what used to be a democratic system. The rules are so rigged and the corrupting influence of money so pervasive that you would be forgiven for thinking we were embarking on an analysis of a tottering banana republic.

Prior to having its attention diverted by the virus, the rest of the world looked on in disbelief as the circus-like US presidential primaries traipsed from state to state. Looking at the cast, one must wonder if this is really the best America has to offer. There was practically nothing of substance separating the candidates, with the sole exception of much-needed healthcare reform, a step advanced by a couple of candidates who were promptly branded by both parties as “socialists.” Meanwhile, emerging from the pack was none other than Joe Biden, a corporate stooge if there ever was one, whose history of corruption has been swept under the rug but whose dementia is becoming increasingly hard to conceal.

Nonplussed? You should be, because this is not democracy. It essentially amounts to a scripted talent show aimed at creating the impression that the American people have a democratic choice. The endless campaigning – often in disarmingly charming milieus such as rural Iowa diners – and numerous “debates” underscore the illusion of choice. But it is in fact the lack of real choice that necessitates such ostentatious pageantry.

In reality, the Democratic and Republican parties share almost identical positions on all major political questions. Neither challenges America’s hegemonic foreign policy and the war machine that imposes it; neither takes meaningful action to rein in the unrestrained oligarch crony capitalism or address the rigged financial markets; and both completely reject reforming the out-of-control healthcare system (with the exception of the few “socialists,” who are also smeared as “Russian assets”). The latest example of how in lockstep both parties march is the $2 trillion coronavirus stimulus bill, in essence just another corporate bailout. But such close alignment on the issues of true importance should come as no surprise: this “duopoly” is in fact owned lock, stock and barrel by the financial oligarchs.

In lieu of discussing the issues of true substance, the overseers of this duopoly have imposed over the public discourse an agenda that creates the appearance of an acrimonious political divide but conveniently skirts addressing the inner workings of the system. Heading up this faux agenda are climate change and the culture war, both of which encompass a myriad of sub-issues that serve to distract Americans from the insidious corporate takeover. Much as a mime pretends to be trapped in a phone booth, the two parties feign contention over these issues in what amounts to carefully staged political theater.

That America is not a real democracy but an oligarchy masquerading as one becomes even more clear when one lifts the hood on the election system, which I do in this report by providing comprehensive evidence that the system has been rigged in such a way as to institutionalize the two-party monopoly and reinforce the financial elite’s grip over it.

The three lynchpins of this ironclad grip are (1) the corrupting power of money, which has been institutionalized through campaign finance laws that have been manipulated by the Supreme Court; (2) the ballot access laws, which refer to the pre-screening rules that determine which parties and candidates can be officially registered to stand for election; and (3) the enormous bias of the oligarch-owned, propaganda-spewing media.

I will not address the media bias in this report – it should be self-evident to anyone who has followed American politics in recent years. It is sufficient to recall the blatantly partisan media attacks against Donald Trump over the last four years, which were based on statements ripped from context and exaggerated, interviews with sham experts, distorted facts, and entirely fabricated stories, not least of which was the giant hoax and nauseatingly fact-free Russiagate narrative. More recently, we have seen how the same media hyenas gave similar treatment to Democratic presidential candidate Bernie Sanders but a free pass to the establishment’s Joe Biden. It is important to realize how the ownership of American media has been totally concentrated in the hands of the oligarchy, which I documented in the above-referenced report, The Oligarch Takeover of US Media. Such an extreme concentration of media ownership makes it easy to control the narrative and wage a totalitarian information war on opponents, both domestic and foreign.

In in this report, I will concentrate on the two other major distortions: campaign finance and ballot access, after which I will briefly list the other factors that have combined to totally discredit what used to be a democratic process.

  1. “Money is Speech” – When money talks people listen

The republic was not exactly set up as a true democracy to start with. In the beginning, voting was restricted to property-owning white men. Only late in the 19th century and after one of the bloodiest civil wars in world history, did all men get the right of vote (in theory, but not fully to this day, as we shall see). Women got the right only in 1920. Contrary to the claims of actor Morgan Freeman in a 2017 propaganda video, American history “for 241 years of democracy” has certainly not been “a shining example to the world.” (Note 1).

Early efforts to push back against the robber barons who corrupted the political system with their wealth started with the Tillman Act of 1907, which – although ultimately unsuccessful – aimed to prohibit corporations and interstate banks from making direct financial contributions to federal candidates. Campaign finance restrictions that at least had the appearance of being effective were not enacted until 1971, when, in the wake of the Watergate scandal, Congress passed the Federal Election Campaign Act (FECA). However, the oligarchs soon mounted a counterattack to have key provisions of the law nullified on supposed constitutional grounds. This reached the Supreme Court, an institution whose pliability in the face of corporate interests belies its fastidiously independent veneer. In Buckley v. Valeo (1976), the Court did uphold limits on individual contributions but, crucially, removed the caps on how much a campaign could spend and also the cap on so-called “independent expenditures,” which is money spent by ostensibly third-party corporations formally in favor of a particular candidate or against an opponent. The fig leaf is that these independent expenditures are made to look as if they are not in any way coordinated with the candidate or the candidate’s committee or party, although in reality of course they always are.

In Buckley v. Valeo, the Court invented the absurd theory that money equals speech, and therefore a limitation on how much money could be used for these independent expenditures was supposedly an unconstitutional infringement of First Amendment protections of free speech. (More about this absurdity below).

In 2010, a new concentrated attack on campaign finance restrictions emerged when the oligarchy’s pocket courts further proceeded to remove the remaining obstacles for the super-rich to buy American elections. In Citizens United v. FEC, the Supreme Court struck down, again on extremely dubious free speech grounds, the rules that had prohibited corporations from funding election campaigns under the flimsy condition that the money be officially structured as uncoordinated independent expenditures. Only two months later, in Speechnow.org v. FEC, the Federal Court of Appeals for the D.C. Circuit (the Deep State court par excellence) ruled that contributions to groups that only make independent expenditures could not be limited, either in size or source.

The super-rich have always dominated the funding of political campaigns – either directly with their money, or through the media they own, or by their shadowy non-profits – but these rulings finally obliterated a century of campaign finance laws and opened the spigots for unlimited political corruption by oligarch special interests, thus removing essentially all barriers to controlling every aspect of the electoral system. These decisions also led to the rise of the notorious Super PACs, the giant slush funds that can raise unlimited amounts of corporate funding – money that is often used on either abusive mudslinging ads aimed at opponents or for whitewashing the preferred candidates. But, of course, there is absolutely no coordination with the candidates themselves. (Trust us).

For more details on US campaign finance laws, please see the Appendix to this report.

Congress is the 5% serving the 0.1%

The number one precondition for American electoral success is either being rich yourself or being financed by the super-rich and their corporations. Usually both prerequisites need to be in place, especially for the higher offices. In no other country in the world does money play such an outsized role in politics.

Practically all US presidents have been millionaires in present day value and most of them multimillionaires. (Note 2). Interestingly, though, while Bill Clinton and Barack Obama were not millionaires when taking office, they miraculously became so after leaving the White House. This came through windfall profits from book deals and speeches to Wall Street bankers. The same happened with Hillary Clinton. (Note 3). Obama even rather quite shamelessly booked those millions while still in office. This stream of easy money is tantamount to payment for services rendered for being a loyal servant to the Deep State (the same Deep State that installed him in the first place). It also shows future inhabitants of top positions that obedience is quite lucrative. (Note 4.)

If we look at the current members of Congress – the 100 senators and 450 members of the House – 200 are millionaires and that does not even include the value of their primary residences. Including that asset would put the figure at close to 500, or a whopping 90%. (Note 5). And that is even before considering the assets formally held by spouses, in trusts or offshore. The net worth of the average congressman is at least five times the US median. (Note 6). Interestingly, most appear to mysteriously get richer while actually serving in Congress. Moreover, the wealth increase tends to be disproportionate to what could be accumulated based on their salaries. In brief, Congress is the 5% serving the 0.1%.

During the 2015-16 election cycle, presidential candidates spent $1.5 billion, congressional candidates $1.6 billion, political parties $1.6 billion, and political action committees (PACs) raised and spent $4 billion. The “independent expenditures” of Super PACs amounted to $1.6 billion. (Note 7).

Clearly, had President Trump not been a billionaire he would never have had a shot at the presidency. This time around, Mike Bloomberg, the world’s tenth richest man and the consummate corporate insider, made a stunningly explicit bid to buy the Democratic nomination, spending over half a billion dollars on campaign ads in only a couple of months. Even before facing a single voter, Bloomberg, a preposterous choice to lead the Democrats, was given credibility as a serious candidate and was able to avail himself of a large platform from which to spread his message. That Bloomberg, with his billions and his establishment-approved policies, still managed to fail so spectacularly was a news item in and of itself, causing a lot of head-scratching among the pundits. He is the exception that proves the rule. (Note 8).

Practically all of the top Democrat candidates – except Bernie Sanders – were heavily funded by billionaires, as shown in the infographic below. 

For candidates who don’t happen to already be fantastically wealthy, campaign financing from big donor corporations and the top 1% is decisive. This is why congressmen tend to spend about 40% of their time soliciting campaign contributions, as former congressional staffer Mike Lofgren revealed in his bestselling book, The Deep State: The Fall of the Constitution and the Rise of a Shadow Government. (Note 9). Lofgren says outright that in “practice, the American political system allows only two political parties, which are wholly dependent on corporations and wealthy individuals to fund the most expensive campaigns in the world.” (Note 10).

The Democratic Party is a corporation by its own admission

Emblematic of the scam that US elections are was the Democratic Party’s admission to being a corporation.

In a trial against the DNC for the alleged rigging of the 2016 primaries in favor of Hillary Clinton and against Bernie Sanders, the DNC’s attorneys asserted that the party has every right to favor one candidate or another, notwithstanding party rules that state otherwise, because the party is a private corporation and is therefore free to change its rules as it sees fit. Unsurprisingly, the court accepted this claim. (Note 11).

In actually democratic countries, meanwhile, parties are obligated to adhere to fair and transparent statutory legal procedures in their operations. (Besides, even a corporation would have a fiduciary duty to follow the rules it has proclaimed).

  1. Ballot access restrictions

That money has corrupted the system should hardly come as a surprise, but what is less apparent at first glance is how political competition is obstructed by a massive bulwark of byzantine regulations – the ballot access laws – that are designed to protect the deeply ensconced two-party duopoly.

The dominance of the two parties has not come about as a result of voters’ sympathies as expressed in natural democratic competition, but rather through devious manipulation of laws for the aim of securing monopolies for the establishment parties. Each state has enacted its own laws for determining the procedures for parties and candidates to be officially registered to run for office. Rather than attempting to level the playing field, these laws guarantee automatic ballot access to the monopoly parties while barring the door to rivals who could potentially threaten the absolute power of the oligarchs that these parties represent.

While the Democratic and Republican parties get on the ballot automatically, challengers must attempt to file separately in each of the 50 states and the District of Columbia. Ballot access laws are determined by each state separately, and different rules apply for presidential, congressional, state and local elections. Presidential candidates from non-monopoly parties have to petition for ballot access in each state. This means navigating absurdly cumbersome procedures in each state separately and, among other things, having to collect some 1.5 million signatures nationwide. Furthermore, the rules and timing are different in every state, making it very difficult to overcome each state’s barrage of obstacles while meeting all of the deadlines.

In those states where a third party is unable to overcome the filing hurdles, voters are denied the opportunity to vote against the oligarchy. And of course a vicious cycle takes hold: because it is practically impossible to get on the ballot in all states, third-party candidates who are not on the ballet everywhere are seen as lacking national appeal, making them less attractive to voters (and, of course, this reinforces the difficulty of getting on the ballot in the future). Voters are loath to “waste their votes” on candidates who are deemed not to have a winning chance, an impression solidified by the lack of media coverage for such candidates.

Most states also apply rules requiring that a party meet a certain vote threshold in a recent election in order to keep its ballot status for the next election. For example, in Alabama a party needs to garner 20% in a state-wide election to retain ballot access. Such thresholds are set so high that they form an automatic party liquidation guillotine: few third parties ever make it on to the ballet and almost none make it regularly. This means that no momentum is ever achieved and the process of reforming the party and relaunching attempts to make the ballot must be done every few years. For would-be third-party activists it’s a hopeless proposition.

Such arbitrary restrictions and onerous obstacles toward even standing for election is practically unheard of anywhere else. Such a system doesn’t exist anywhere in the free world and may be bewildering for those accustomed to thinking of America as a beacon of democracy. The restrictiveness of America’s “democracy” is more appropriately compared to any number of “third-world” countries in which either only one party is allowed (such as North Korea) or where opposition parties exist but are cast to the far periphery of the political system. America certainly falls squarely in this category, but its innovation is to scrupulously maintain the façade of democratic processes, which essentially amount to carefully staged sparring, mostly over irrelevant issues, for the sake of maintaining the illusion of political plurality.

The restrictive ballot access laws also greatly diminish democratic competition in state legislative elections. In 2012, about one-third of all state House and Senate candidates ran unopposed – quite similar to how it was back in the USSR. (Note 12).

Examples of how the oligarch-owned monopoly parties are favored

The ballot access laws vary enormously from state to state, both in terms of the nature and severity of the requirements. North Carolina, with a population of about 9.8 million, requires almost 90,000 signatures. (Note 13). Oklahoma requires a petition signed by voters equal to 5% of the vote cast in the previous election. An independent presidential candidate, or the presidential candidate of a non-qualified party, may get on the ballot with a petition representing 3% of the last presidential vote. To remain qualified for the next election, a party must garner at least 2% of the total vote in the gubernatorial election.

In Nebraska, the rigged rules fast-track parties that received at least 5% of the vote in a statewide race. Nevada has doubled down on the election rigging by demanding that a party achieve 10% in the preceding general election for Congress.

Another example of egregious hurdles is Maryland’s requirement that an independent candidate collect four times as many signatures as a major-party candidate. In Florida, an independent presidential candidate needs 110,000 signatures, while Texas requires independent candidates to collect signatures equaling 1% of the previous presidential vote.

Georgia gives automatic ballot access to a political party whose candidate received at least 20% of the votes cast in the previous gubernatorial election or whose candidate in the last presidential election received at least 20%.

Kentucky uses a three-tiered system for ballot access based on the results of the previous presidential election. Only parties whose candidate for president achieved at least 20% of the popular vote are considered “political parties,” whereas those getting between 2% and 20% get the status of “political organization,” and those with less than 2% of the vote are deemed a “political group.” These classifications then determine the hurdles that must be overcome to get onto the next ballot. Clearly, parties that can’t even be classified as parties struggle to make headway.

Pennsylvania extends the “political party” status to a party that manages at least 2% in the most recent election, but after a two-year grace period a party must meet the outrageous threshold of having voter enrollment of no less than 15% of the state’s total party enrollment.

Et cetera and so on and so forth. Some states have been more innovative than others in putting in place a system that suppresses democratic choice.

Follow the links below for a closer look at all of the restrictive ballot access rules:

Only billionaires can attempt to overcome the hurdles – and even then often in vain

Only a well-established national movement – or a billionaire – could put together an organization that could even theoretically overcome the filing hurdles in all 50 states. This system of obstruction of the democratic process has worked precisely as intended: with the sole exception of billionaire Ross Perot, there has not been a single viable candidate outside of the monopoly parties.

In the 2016 election, while the Democratic and Republican parties were automatically on the ballot in all 50 states, the only other party that managed to get ballot access in all states was the Libertarian Party. The Green Party, which is a viable and increasingly popular alternative in many other countries, was left off the ballot in six states. The Constitution Party made it on to the ballot in just 24 states.

The billionaire Ross Perot ran in 1992 as an independent and in 1996 representing the Reform Party, which was set up specifically for his campaign. However, because the party had difficulty navigating the restrictive ballot laws, he was forced to run as an independent in some states. In 1992, he received 18.9% of the popular vote, making him the most successful third-party presidential candidate in terms of the popular vote since Theodore Roosevelt in the 1912 election.

You can collect all the signatures you want, but it won’t help

It was estimated that in the 2016 election an independent candidate would have needed to collect a staggering 880,000 valid signatures to meet the thresholds in all states combined. (Note 14). But because the monopoly parties regularly challenge the legitimacy of the signatures that are collected, opposition parties must collect double that amount to stay above the thresholds. This is because there is a very real and proven risk that as many as half of the signatures can be declared invalid on absurd technicalities that are concocted following legal harassment by the monopoly parties. For example, signing “Bill” instead of “William” or leaving out a middle initial are among the many pretenses for signatures being disqualified. (Note 15).

Not only must candidates collect a prohibitive amount of signatures, but whoever ventures to do so should also be ready for a protracted legal battle to defend against endless litigation instigated by an army of attorneys that the monopoly parties can summon in order to obstruct third parties and independents in their efforts to register. The establishment lawyers, aided by corrupt state officials, go to great lengths to challenge the accuracy of candidate filings and often reject the authenticity of signatures on whatever flimsy or fabricated grounds they can find. (Note 16).

A case in point is the outrageous treatment that independent candidate Ralph Nader was subjected to in his 2004 presidential bid. (Note 17). After Nader’s campaign had managed to gather and file the needed signatures in all 50 states, the Democratic Party and its stooges mounted a campaign to challenge all of Nader’s filings. They ended up filing 29 complaints in 19 states against Nader’s campaign with the aim to get Nader stricken from the ballot. And, sure enough, they succeeded in taking him off the ballot in Pennsylvania, Oregon, Missouri, Virginia, Ohio and several other states. Pennsylvania’s measures aimed at keeping independent candidates out included, in addition to the punitively high number of required signatures, a prohibition on people from out-of-state collecting signatures on behalf of a candidate and the requirement that every signature sheet be separately notarized. In Pennsylvania, a lawyer for the Democratic Party successfully invalidated – for ridiculous reasons – the authenticity of over 30,000 of Nader’s signatures. (Note 18). For Pennsylvania Democrats it was not enough, though, to simply take Nader off the ballot, they also proceeded to present him with a large bill for lawyers’ fees as a punishment for having had the audacity to encroach on the duopoly’s turf. Nader then became the first candidate in American history to be penalized, with a legal bill totaling $81,102, just for the crime of attempting to run for public office. (Note 19).

This later unfolded into a giant corruption scandal, which ultimately put members of both duopoly parties behind bars. It emerged that the Democratic Party had illegally enlisted an army of state officials to participate in the concentrated attack on Nader’s campaign. Not only were they working at taxpayers’ expense, but they even received about $2.3 million in government bonuses for their subversive activities. But, remarkably, even as it was proved that Nader’s petitions were challenged via illegal means, his $81,000 bill for the legal fees of his inquisitors stood. And no lessons were gleaned from the affair. Two years after Nader’s failed bid, Pennsylvania’s Green Party tried to run Carl Romanelli for US Senate against Democrat Bob Casey and Republican Rick Santorum. Romanelli managed to collect more than 100,000 signatures (more than the formally required 67,000), but he too ended up being challenged and knocked off the ballot. And, again, the Democratic Party’s legal fees were billed to Romanelli as the losing party. Since then in Pennsylvania numerous other independent candidates have been equally destroyed through various means.

With the path to the presidency littered with the bones of brutally snuffed out third-party bids, both Democrat-cum-Republican Donald Trump and Democrat-cum-Republican-then-independent-and-Democrat again Michael Bloomberg understood that working within one of the two parties – and using their massive financial resources – was a far more promising strategy than mounting a quixotic third-party bid. But the flip-flopping history of party affiliation of those billionaire tycoons clearly shows how the two parties are essentially interchangeable electioneering tools for the elite and that neither party is overly concerned with ideology or convictions.

The Constitution is not to blame

The morass of elections laws is often defended on the premise that it should be the prerogative of the individual states to set their own laws even for federal elections. However, Article I, Section 4 of the United States Constitution says that, while election laws are primarily set by state legislatures, Congress has the power to alter them as it sees fit. And indeed, Congress has done so by enacting uniform nationwide campaign spending laws – those very laws that were undermined by the Supreme Court’s nationwide rulings. In 1967, Congress also passed a law that mandated single-member districts across the country, which demonstrates that the Constitution and federal structure of the United States are not actually obstacles to conducting democratic reform of the ballot access laws, if only there were the will to democratize the country.

Richard Winger, in his article “How Ballot Access Laws Affect the U.S. Party System,” demonstrated that the Supreme Court has been a conniving partner in letting states tighten their ballot access laws with practically no limits. Although the Court has from time to time made a token gesture some excesses in the ballot restrictions, such instances have never managed to set a precedent for curbing undemocratic practice. Winger writes that the Court’s ballot access decisions, taken together, have actually had the effect of increasing the severity of the laws, rather than ameliorating them. (Note 20).

Winger’s article also gives a lucid account of the history of these restrictive rules and how the screws have been gradually tightened.

There is nothing good in the supposed stability that a two-party system brings

Winger writes: “In a normal two-party system, there are still significant third parties. In the United States, there were significant third parties before 1930, but there have not been any since then. The reason there are no longer any significant third parties is because the ballot access laws have become severe.” (Note 21).

Apologists for the US two-party system argue that governments are typically more stable in two-party systems, because viewpoints on the fringes of societal discourse are supposedly neutralized. Wikipedia, for example, hilariously writes: “First-past-the-post minimizes the influence of third parties and thus arguably keeps out extremists.” (Note 22).

However, a US-style managed two-party system protected by rigged laws and court rulings provides as much stability as the USSR one-party system did, all while destroying political competition and depriving the system of the flexibility and mechanisms to adapt to new realities. A two-party system lacks any safety valves to let steam out, meaning the problems just pile up until the pressure is such that the whole system implodes. This has now happened with the US economy, a circumstance for which the rigid two-party system deserves heavy blame. The economic catastrophe in the US is in plain sight for anyone to see, same with the US healthcare debacle, but it is the rotten political monopoly of the corporate elite that has so steadfastly prevented the real issues from being addressed.

What is interesting – and underscores the undemocratic nature of the system – is that surveys consistently show that independents easily outnumber both Democrats and Republicans and that voters overwhelmingly would want to have another choice. (Note 23). In fact, 43% of Americans identify as politically independent. (Note 24).

More problems have piled up to destroy US democracy

In addition to the three main issues discussed above, I will briefly list a number of additional problems that contribute to the huge democracy deficiency in the United States.

(4) The US does not have a proportional voting system, which would force the monopoly parties to be alert to the real needs of society and which would guarantee political representation for competing ideas. Instead, plurality voting is practiced, which means there is a system of single-member districts where the winner takes all even if it does not achieve a majority of votes (first past the pole). In some states, the system is modified with a runoff between the two candidates who got most votes in the first round. A truly democratic system would require a proportional distribution of seats based on party totals.

Some of the election systems are truly absurd. A good example is California’s so-called “top-two” primary system, in which all candidates from all parties must participate in a primary, while the top two vote-getters – even if from the same party – move on to the general election. That really shows that the sham two-party system is, in reality, a one-party system.

(5) The problem with the single-member voting districts has been exacerbated by the practice of gerrymandering, which refers to the system of manipulatively redrawing the boundaries of electoral constituencies. This is done to establish an unfair advantage for one of the monopoly parties or for certain favored candidates within a party. In either case, the effect is to diminish competition.

(6) Large parts of the electorate have been disenfranchised, that is, unconstitutionally deprived of their right to vote. Every state except Maine and Vermont prevents inmates from voting while in prison for a felony. Once released from prison, voter eligibility varies widely by state. A few states – mostly Southern states with large black populations – permanently deny the right to vote to all ex-convicts. That is nothing short of an extra-judiciary punishment, which is designed to prevent the poor and most oppressed sectors of US society from participating in the electoral process.

Over the last half century, the number of disenfranchised individuals has increased dramatically along with the rise in the inmate populations, from an estimated 1.17 million in 1976 to 6.1 million today. (Note 25). Nationally, 13% of the African-American population (an even higher percentage in some states) are now denied the right to vote because of felony convictions. (Note 26).

How capricious the system is can be seen from a case in Alabama, where a man was blocked from voting because he owed the state $4. (Note 27).

(7) Another absurd feature of the American election system is voter registration. In order to retain the right to vote, American voters must register in advance. In a true democracy, it is the obligation of the government to ensure that all citizens have easy and equal access to voting. It is the government’s duty to put in place a system for registering voters and not mandate that voters undergo cumbersome procedures. In democratic countries – like Russia – a voter is automatically enrolled based on residence. It is the obligation of the government to ensure that all citizens are entered in electoral rolls. Usually, this is done through the requirement that each individual provide his or her address to the authorities. But the US voter registration system is a totally arbitrary process that is frequently used to prevent – again – the poor and oppressed from voting. But sometimes the arbitrariness of this works the other way: voter registration laws are sometimes made so lax that non-citizen immigrants can unconstitutionally vote. This is the case, for example, in California, which does not require proof of citizenship for voter registration.

It gets more absurd from the point of view of a democracy when we consider that, when registering a voter, a party affiliation – Democrat, Republican or independent – must be indicated. The inability to conceal one’s political preferences means that there is no voting secrecy in the US. And this is public data for anybody to see, for example, a potential employer.

Altogether, there are 31 states (plus the District of Columbia) that indicate a party when registering voters. In aggregate, 40% of all voters in party registration states are Democrats, 29% are Republicans, and 28% are independents. Nationally, the Democratic advantage in the party registration states approaches 12 million. (Note 28).

(8) After voter registration, there is the problem of voter identification at the poll station. For example, California has no law requiring that voters present photo identification, although sometimes it ends up being required anyway. But when voters do need to identify themselves they can provide any one of the following as proof: a California identification number, the last four digits of their social security number, a copy of a recent utility bill, a sample ballot booklet sent from the county election office, a student ID or a driver’s license. Of course, a passport can also be presented, but why bother when a utility bill is enough.

(9) Interference in politics and elections by law enforcement and intelligence agencies under the control of the US Deep State. Even with practically all aspects of the electoral system totally rigged in favor of the two monopoly parties, the establishment has lately been having problems with ensuring the desired election outcomes and therefore has resorted to openly employing their administrative resources in the State Department, law enforcement (DOJ, FBI) and intelligence agencies (CIA and the other 16 sisters) to interfere in elections. Most blatantly this has occurred in connection with the events subsumed under the Russiagate witch hunt. While cynically levying false accusations at Russia for meddling in the US elections, these agencies were actually engaged in this mendacious – not to mention treasonous – activity themselves. (Note 29).

(10) Finally, in winding up this discussion of the distortions in the American political system, I would be remiss if I did not mention a particularly lurid piece of American Kabuki theater – the public debates among the candidates. Whereas in more democratic countries debates are usually open to all candidates who meet a reasonable minimum threshold in America the show is reserved exclusively for duopoly candidates. The debates themselves are mostly platforms for empty clichés, prepared one-line zingers and vacuous rallying cries about the greatness of the country. The show is carefully managed in such a way as to keep meaningful issues from being addressed, thus preventing any challenge to the agenda of the establishment.

When televised presidential election debates started in 1976, the organizer was the nonpartisan League of Women Voters. However, the LWV withdrew in 1988 in protest of the major-party candidates attempts to dictate nearly every aspect of how the debates were conducted. (Note 30). In the statement announcing its withdrawal, the LWV prophetically stated that “the demands of the two campaign organizations would perpetrate a fraud on the American voter.” This allowed the duopoly to seize full control of the debates through a vehicle called the Commission on Presidential Debates (CPD), which since its inception has been headed by former chairs of the national committees of the two major parties. In order to exclude third-party candidates, a rule was instituted that to qualify for a debate candidates must garner at least 15% in opinion polls and must be on the ballot in a certain number of states, which in itself is extremely hard, as we saw above.

Ross Perot is the only third-party candidate to have crashed the party of CPD-organized debates, having found his way onto the stage during his 1992 presidential run. The CPD itself was against Perot’s inclusion, but both major party candidates, George H.W. Bush and Bill Clinton, were convinced that Perot would do more damage to the other one and therefore wanted him included. As it turned out, it was Bush who miscalculated with that gamble. (Note 31).

At a 2000 presidential debate, meanwhile, Green Party candidate Ralph Nader was not even allowed to sit in the audience – much less participate – even though he had a ticket to be a spectator.

Typically for America, the CPD presidential debates are also a great platform for corporate sponsors, who display their advertisement during the show. Tobacco giant Phillip Morris was a major sponsor in 1992 and 1996, while Anheuser-Busch sponsored presidential debates in 1996, 2000, 2004, 2008 and 2012.

The way the Democratic Party has been rigging its primary debates – in an already familiar pattern – provides further insight into how the debate shenanigans work. In this recent primary season, the DNC actually changed the rules in order to exclude the undesired Tulsi Gabbard, who had committed the mortal sin of expressing views that questioned establishment orthodoxy. (Note 32). This came after the DNC earlier changed a different set of qualification rules so as to let Michael Bloomberg, who was not even on the ballot in the first primary states, buy his way onto the debate stage. (Note 33).Jon Hellevig

Some international comparison

The extreme disparity of the burdens placed on new parties versus the old established parties in the US has no parallel in any other democratic nation in the world. (Note 34). A research project conducted jointly by Harvard University and the University of Sydney ranked the United States worst in the West for fair elections. (Note 35).

The Organization for Security and Co-operation in Europe (OSCE) – which is about the only international organization allowed to monitor US elections – has frequently criticized the US for its restrictive ballot access laws and other serious shortcomings. (Note 36).

Concluding remarks – RIP democracy

I have earlier written an essay on how I view the essence of democracy, which appeared as Book II “On Democratic Competition” in my philosophy book All is Art http://www.hellevig.net/allisart.pdf (Note 37). I regard true democracy as a function of societal competition, or more precisely, the competition for regulating power relations in society.

It thus follows that democratic competition must be fair and conducted on equal terms for all participants, that is, all citizens. Democratic competition is the cumulative result of complex interrelations in all spheres of social life, and it is largely the overall condition of a society that fosters or hinders such competition. The quality of a democracy – whether it is an authentic one or it is badly compromised – is a function of all these conditions in their infinite variances.

For it to be fair and conducted on equal terms, this competition must be free from monopolistic forces that prevent all members of society from participating on equal terms. As we saw from the analysis of what counts as the democratic system in the US, all of the major components affecting the democratic processes have been consolidated in the hands of the plutocracy. The oligarchs have essentially privatized the political system and are able to exert disproportionate and usually decisive influence on outcomes that should be open-ended. Having bought the state legislatures, the oligarchs have enacted self-serving ballot access laws. With their money, they totally control all election-related avenues for mass communication, including the televised debates. They own the media, which denies 99% of the population a platform for their opinions and effectively filters out all alternate views.

Freedom of speech should be seen not only as a right to voice one’s opinions in the local bar but as entailing equal access to the means of communication, i.e. the media. Of course, this is not the case, which means there is not a level playing field for democratic competition – and this means no real democracy. The oligarch takeover of the US media has meant that huge censorship and propaganda machines have replaced what should be open and free discourse. The absence of true competition in the media has meant that not just is there no real freedom of speech but that the media has issued to itself a license to lie with impunity while sanctimoniously proclaiming the existence of a free press.

Elections should be considered only as the culmination of democratic competition when all other necessary conditions in a society are in place. But where such conditions for a democratic choice are absent, it can actually be more harmful for democracy (the sovereign power of the people) to carry on voting at the polls in what amounts to sham elections. To do is to perpetuate the system and implicitly provide one’s consent to the falsehood. What the US political elite is trying to sell us is that democracy means nothing more than periodically conducting elections between nearly identical oligarch-owned parties. In other words, we are to believe that as long as the form remains the substance can be cast aside. But if measured by that standard, even the USSR was democratic – once in a while people were dutifully summoned to the polls to confirm the absolute power of the monopolist.

As I have defined democracy, it must be seen and analyzed as a social practice, a phenomenon brought about by people’s interactions in all their myriad forms. This understanding of democracy as a social practice has not been properly appreciated. Scholars have tended to define democracy through formal and legalistic criteria, such as the existence of certain institutions and certain formal supposed legal safeguards of those systems (a system of courts, periodic elections, etc.). But as long as scholars do not move beyond those concepts to analyze what the institutions actually stand for, they fail to detect – or fail to admit – the obvious deficiencies of democracy in countries in which these formal criteria are met but where the democratic processes have seriously eroded. This is particularly pertinent in countries – such as the US – where much effort has been expended to maintain the illusion of democracy. My aim has been to bring about the understanding needed tackle this question by looking at the constituent phenomena of the social practice of democracy.

Today, precious little real democracy remains in the countries that boast of being democratic. The concept of “democracy” has been totally detached from the actual reality and is being maintained as a ritual symbol. Now utterly devoid of content, the word is incanted as a charm to instill the feeling among American and European regime subjects that they belong to a good and virtuous society and that they are empowered to influence the course of that society.

The indoctrinated classes speak of liberal democracy (by which they mean Western democracy), which they imagine to be a representative government put in power by free and pluralistic elections. The fantasy extends to a belief that the system is based on a separation of powers among a legislature, executive and judiciary. Of course, this is no longer the case: these branches operate in unison and the plutocracy presides over them all. Other incantations include the “rule of law”, “open society”, “Western values”, “human rights” and “market economy.” All of these are hollow shells of ideas that in our day and time mostly serve the purpose of virtue-signaling. The reality is that Western societies have turned into full-fledged repressive surveillance and propaganda states, in which any features of an open society were long ago eradicated. There is absolutely no market economy, but rather a totally monopolized crony capitalist system in which, as we are seeing now, corporate interests are bailed out at the first sign of trouble.

Scholars claim that liberal democracy supposedly is based on the principles of classical liberalism. Nothing could be further from the truth. But, their most pathetic theory is the so-called “democratic peace theory.” This fantasy posits that these “liberal democracies” are hesitant to engage in armed conflict with other democracies. Several factors have been promoted as justifying the democratic peace theory, one more hilarious than the other:

  • Democratic leaders are forced to accept culpability for war losses to a voting public;
  • Publicly accountable statespeople are inclined to establish diplomatic institutions for resolving international tensions;
  • Democracies are not inclined to view countries with adjacent policy and governing doctrine as hostile;
  • Democracies tend to possess greater public wealth than other states, and therefore eschew war to preserve infrastructure and resources.

(List derived from Wikipedia).

Let’s imagine that to be true, then what explains that these Western countries have been ready and raring to incessantly wage wars of aggression against the rest of the world, the countries they define as not belonging to the club of democracies? Moreover, these Western “liberal democracies” do not go to war with each other, because they are all essentially occupied subjects of the United States.

In my book, I describe the conditions for an ideal, true democracy. But that does not mean that I think that such a democracy is possible; on the contrary, nothing of the sort can ever actually exist. Any open society will be attacked by oligarchs, who will try to subjugate it under their rule – and most often they succeed. This is true both domestically in their own countries and abroad. The US-based oligarchs and their helpers in Europe have over the last century assaulted every single nation on the planet. No country should ever leave itself vulnerable to such aggression. Each should devise a sovereign system of governance that is fair and based on real justice (social, economic, and moral) without playing the fool’s game of so-called Western “liberal democracy.” China has set a good example of this.

NOTES COME AFTER APPENDIX

APPENDIX

CAMPPAIGN FINANCE LAWS, SMOKE AND MIRRORS

The US is obsessed with campaign finance regulations, which are structured so that if anything is restricted by one rule, it is allowed by another. There’s a Russian adage that perfectly describes the essence of the US campaign finance laws: “If it is forbidden, but you very much want it, then go ahead.”

Below is a summary of the campaign finance laws governing federal elections.

Candidates are free to use their personal funds for campaign purposes without any limits, but accepting campaign contributions from others is restricted – unless you use any number of the gaping loopholes available to circumvent the restrictions. An individual person can contribute only $2,000 directly to a candidate, per election. But whereas donations to individual candidates are limited to that relatively small amount, the backdoor is wide open. Individuals can donate as much as $777,600 per year to party committees, while if a spouse is included, a family contribution can reach $1,555,200 per year. These limits are reported as they stand after having been generously increased tenfold in 2014 in a drive to allow ever larger sway over the elections for the super-rich. According to oligarch shills, this enormous money would not be fatal for democracy, because it is “only allowed to go to special accounts earmarked for specific purposes, such as party headquarters maintenance, recount preparations and presidential conventions” and that the “money cannot legally be used for other purposes.” (Note 38).

One of the backdoors designed for circumventing campaign finance restrictions is for a lobbyist to assist a congressman in amassing campaign finance by arranging fundraisers, assembling PACs, and seeking donations from other clients. Yet more effective than gathering hard money (direct contributions to a candidate) is to work with soft money campaign finance. Soft money is the real hardcore of campaign finance. Soft money exploits the loophole in federal campaign finance and spending laws that exempts contributions made for general party-building rather than – ostensibly – for a specific candidate. This is a form of political money laundering, because the state party committees send the soft money up to the national party headquarters, which then can spend the money at its discretion without restrictions. (Note 39).

In addition to contributions given directly to candidates (candidate committees) and parties, individuals can contribute to a variety of political action committees (PAC). The limit for individual contributions to these are $5,000. Connected PACs can be set up by corporations, non-profits, labor unions, trade groups, or health organizations. These PACs are allowed to accept contributions only from managers and shareholders or members in the case of unions and non-profit organizations. The sponsor of a Connected PAC may absorb all the administrative costs of operating the PAC and its fundraising activities. A slightly other form is the Non-Connected PAC, which must bear its own administrative costs. PACs can give $5,000 to a candidate committee per election (primary, general or special). They can also give up to $15,000 annually to any national party committee, and $5,000 annually to any other PAC.

Another vehicle designed to circumvent the original campaign finance restrictions is something called a Leadership PAC. These are PACs set up by elected officials and parties that make “independent expenditures.” If the expenditure is supposedly not coordinated with the candidate, there is no limit to how much can be spent on that candidate’s campaign. Leadership PACs are non-connected PACs, meaning they can accept donations from individuals and other PACs – so there’s another backdoor wide open. A leadership PAC sponsored by an elected official cannot use funds to support that official’s own campaign, but no worries, it may fund travel, administrative expenses, consultants, polling, and “other non-campaign expenses,” as they call them.

Move one level up on the ladder of campaign finance schemes and you encounter the “independent expenditure committees,” commonly known as Super PACs. These are campaign finance vehicles that masquerade as third-party groups allowed to advocate for or against any candidate or issues, “as long as there is no coordination, consultation or request by any campaign or candidate.” That’s a fig leaf, if ever there was one. Everybody knows that coordinating is exactly what they do.

Tired of dabbling in a few thousand dollars, the heavy hitters have embraced these Super PACs. These represent the ultimate invention in free-for-all campaign finance, as they can raise unlimited amounts of funds, with the additional beauty that corporations, too, may invest as much as they want. While traditional PACs can donate directly to a candidate’s campaign fund, the Super PACs are not allowed to make direct contributions to candidates or parties and must ostensibly limit themselves to political spending independently of the campaigns. They are allowed to pay for ads supporting their favorite candidate and discrediting the opponents as long as they “act independently” and “do not coordinate” with the official campaign of the candidate they support. So according to the legal legend, Super PACs are independent from candidates, but obviously the reality is that their directors have close personal connections to the candidate and the campaign they support. (Note 40).

Super PACs are the ultimate dens of the political spin doctors, where nasty and abusive mudslinging ads attacking the opponents of the candidates that they are whitewashing are devised.

In addition to hard and soft money, the American campaign corruption menu includes dark money. Dark money refers to political spending by nonprofit organizations (referred to as 501(c) organizations). These are allowed to raise unlimited amounts from corporations and individuals, and to spend these unlimited amounts any way they wish. They call it dark money because that’s exactly what it is: the identity of the donors and of the campaigns, candidates and other possible recipients of the money, as well as the amounts raised and spent, are exempt from disclosure requirements. The flooding of elections with dark money was made possible by the US Supreme Court’s decision in Buckley v. Valeo. (More on this below).

Dark money syndicates are distinct from Super PACs. Both can raise and spend unlimited sums of money, but super PACs must disclose their donors, while dark money syndicates don’t have to do that and must not (ostensibly) have politics as their primary purpose. This is no problem for the US oligarchs, as they simply set up both types of entities to get the best of both worlds. This way corporations and individuals can donate as much as they want to the nonprofit, which isn’t required to publicly disclose funders. The nonprofit could then donate as much as it wanted to the Super-PAC, which lists the nonprofit’s donation but not the original contributors.” (Note 41).

Money is speech. Really?

The Super PACs were in essence generated by two highly questionable judicial decisions. In January 2010, the Supreme Court established in Citizens United v. Federal Election Commission that the government may not prohibit corporations from making independent expenditures for political purposes. Only two months later, in Speechnow.org v. FEC, the Federal Court of Appeals for the D.C. Circuit ruled that contributions to groups that only make independent expenditures could not be limited in either size or source.

The super-rich have always been dominate in funding political campaigns – directly with their money, through the media they own and by their shadowy nonprofits – but these decisions finally obliterated a century of campaign finance laws and opened the spigots for unlimited political corruption by oligarch special interests in order to give them absolute dominance and free rein for total political propaganda.

The Supreme Court’s extraordinary maneuver to further rig the campaign finance laws in favor of the super-rich was based on two questionable legal theories that took root in the mid-1970s. One held that money is speech and the other that corporations are people. (Note 42). These fabricated legal principles were needed in order to create the framework for the politically motivated claim that a restriction on the amount of money that the super-rich can use for buying elections supposedly meant an infringement on First Amendment protected freedom of speech. Then, because free speech, like any other human right, can only belong to people, the court declared that corporations are people. In the case that established these doctrines, Justice Anthony Kennedy, in the majority opinion, defended this juridical fraud by arguing that that limits on using corporate funds for campaigns were supposedly a “classic example of censorship.”

The perverted “money is speech” doctrine first appeared in a 1976 decision, Buckley v. Valeo, which invalidated some campaign-finance reforms that had come out of the Watergate drama. (Note 43). The Supreme Court then concluded that most limits on campaign expenditures, and some limits on donations, are unconstitutional because money is in itself speech and the “quantity of expression”– the amounts of money – can’t be limited. (sic! – or should we say sick!) What the Supreme Court did is to declare that corporations should have a First Amendment right to spend limitless amounts to meddle in US elections.

Obviously, the legal construction of a corporation means that it has some features of a person, mainly the right to register the title for assets and enter into agreements – which is why they are called legal persons – but the extension of corporate personhood to protection of free speech is an extraordinary invention.

The US Supreme Court, the guarantor of oligarch rule

Obviously, these court decisions are totally politically motivated and aimed at securing the super-rich’s overwhelming control over the US government. The US Supreme Court is not an independent arbiter of justice but rather a club of servants for the elite few. The appointment of a Supreme Court judge is an entirely political process. A candidate is nominated by the president and confirmed by the Senate. Considering that the presidents and the senators all are totally dependent on oligarch finance, oligarch media and of all the structures of the oligarch Deep State, the Supreme Court justices unsurprisingly serve the same interests. Considering that the Constitution does not set any qualification criteria for Supreme Court judges, better independent judicial protection would be achieved if the judges were appointed by lottery among all serving US judges.

This political process of appointment of judges essentially nullifies the constitutional principle of separation of powers, which holds that the three branches of government – executive, legislative, judicial – are kept independent from each other. With the politicized court the constitutionally intended checks and balances between the branches of power have essentially been wiped out.

These campaign finance shenanigans are part of an endless stream of rulings that show that the Supreme Court is following a political agenda favoring the already rich rather than administering justice. As David Kairys wrote: “At its core, this line of cases is about dominance of the political and electoral system by wealthy people and corporations and about legitimizing a political and electoral system that is unrepresentative, money-driven, corrupt, outmoded, and dysfunctional. Wealthy people and corporate managers shouldn’t dominate politics or have more and better speech rights than the rest of us. That seems like an obvious truth. And yet the Supreme Court’s recent decisions move us away from it.” (Note 44). All Court decisions in these matters (and not only these) have been heavily biased towards enabling the richest one percent to buy outsized influence of the US government. (Note 45). It is obvious beyond any doubt that the money-is-speech theory is nothing but a rhetorical device used exclusively to solidify this trend and to provide First Amendment protection for all money that wealthy people and businesses want to spend on election interference. (Note 46).

The oligarch shill Roger Pilon, in a speech to the libertarian stink tank Cato Institute, said that “the Court has said that regulations of political contributions and expenditures will be upheld only if they achieve a compelling governmental interest by the least restrictive means.” (Note 47). See, compelling governmental interest is the question. With “governmental interest,” we must mean the interest of the government as a custodian of the people, that is, the people’s interest. Then the question really is what more compelling reason could there possibly be to restrict this falsely advertised “free speech” than guaranteeing an equal value to everyone’s vote. Government precisely has a compelling interest in fostering equal participation in the election processes and stopping the corrosion of democratic ideals that results when election costs spiral out of control and only the super-wealthy have influence.(Note 48).

The Supreme Court has been extremely choosy in implementing its newfound love for free speech

It is also clear that the Supreme Court has been extremely choosy in implementing its free speech policy. When it comes to forms of speech other than the dollars drowning the voices of the people, the government and the corrupted courts have had no qualms about passing laws and judicial resolutions that run roughshod over free speech. (Note 49).

More generally, the Court has not employed its free speech theories uniformly, but only when they suit their agenda. (Note 50). In the last few decades, the Supreme Court has limited speech rights for demonstrators, students, and whistleblowers. It has restricted speech at shopping malls and transit terminals. Taken as a whole the establishment’s pocket court’s First Amendment jurisprudence has enlarged the speech rights available to wealthy people and corporations and restricted the speech rights available to people of ordinary means and to dissenters. (Note 51).

The Court has in particular developed as so-called “secondary effects” doctrine, according to which the government is allowed to restrict speech if other purposes justify it. (Note 52). Thus, if the Court in reality believed its fabricated money-is-speech theory, then it would have good reason to conclude that this money-speech may legally be restricted in order to uphold the democratic principle of equal participation in elections, for which purpose it is necessary to restrict the ability of the super-rich to buy the elections wholesale. (Note 53).

It is also telling that when the Court struck down campaign finance limits by reference to this money-is-speech doctrine, it did not go all the way. What it did was to allow unlimited election campaign finance for corporations. That’s free speech, the Court opined. But at the same time, it upheld other restrictions on campaign finance. In particular, it reasoned that the restrictions on the amounts individuals could contribute to campaigns and other direct contributions (as opposed to the fictitious “independent expenditures”) were justified to avoid corruption. So, miraculously there was no problem with the same free speech principles in restricting the freedom of money-speech of the actual humans for whose protection the First Amendment was actually enacted. Essentially, corporations were given unlimited free speech protections that were denied to actual people. This just goes to show how politically expedient the court rulings are and how flimsy and inconsistent the arguments in support of them are. There is no justice, only rules that the powers that be put in place based on their judgments of how far they can go in a given situation.

NOTES:

1. Morgan Freeman Joins Propaganda War Effort https://www.strategic-culture.org/news/2017/09/24/morgan-freeman-joins-propaganda-war-effort/

2. The Net Worth Of The American Presidents: Washington To Obama https://247wallst.com/banking-finance/2010/05/17/the-net-worth-of-the-american-presidents-washington-to-obama/5/

3. Lofgren, Mike. The Deep State: The Fall of the Constitution and the Rise of a Shadow Government (2016), p. 71.

4. Bill Clinton says he left the White House $16 million in debt https://www.cnbc.com/2018/06/04/the-clintons-erased-16-million-in-debt-and-accumulated-45-million.html

The Obamas reportedly just bought a $12 million home on Martha’s Vineyard. They’re worth 30 times more than when they entered the White House in 2008 — here’s how they spend their millions https://www.businessinsider.com/barack-obama-michelle-obama-net-worth-2018-7

Lofgren, Mike. The Deep State: The Fall of the Constitution and the Rise of a Shadow Government (2016), p. 78.

5. Ranking the Net Worth of the 115th https://www.rollcall.com/wealth-of-congress/

6. Alexandria Ocasio-Cortez’s Net Worth Is Higher Than You Think https://www.financialsamurai.com/alexandria-ocasio-cortez-net-worth-is-higher-than-you-think/

7. Statistical summary of 24-month campaign activity of the 2015-2016 election cycle https://www.fec.gov/updates/statistical-summary-24-month-campaign-activity-2015-2016-election-cycle/

8. Ad spending barrels past $1 billion mark as Mike Bloomberg overwhelms airwaves https://edition.cnn.com/2020/02/28/politics/2020-ad-spending-1-billion/index.html

9. Lofgren, Mike. The Deep State: The Fall of the Constitution and the Rise of a Shadow Government (2016), p. 67.

10. Ditto, p. 65.

11. DNC to Court: We Are a Private Corporation With No Obligation to Follow Our Rules https://ivn.us/posts/dnc-to-court-we-are-a-private-corporation-with-no-obligation-to-follow-our-rules

12. Santos, Rita. Gerrymandering and Voting Districts (At Issue) (2018).

13. Ditto.

14. The New Poll Tax: Ballot Access Laws Foil Independent Candidates https://www.opednews.com/articles/The-New-Poll-Tax-Ballot-A-by-Peter-Gemma-Election_Independent_Independent-Party_Independent-Voters-160901-723.html

15. Bennett, James T. Stifling Political Competition: How Government Has Rigged the System to Benefit Demopublicans and Exclude Third Parties (Studies in Public Choice) (2008).

The New Poll Tax: Ballot Access Laws Foil Independent Candidates https://www.constitutionparty.com/the-new-poll-tax-ballot-access-laws-foil-independent-candidates/

16. The Real Reason You Can’t Vote for an Independent Candidate https://time.com/4436805/lawrence-lessig-randy-barnett/

17. The Sneaky Silencing of Third-Party Politicians https://psmag.com/news/how-states-are-blocking-a-third-party-run#.8g9r7b4l6

18. The Real Reason You Can’t Vote for an Independent Candidate https://time.com/4436805/lawrence-lessig-randy-barnett/

19. The Sneaky Silencing of Third-Party Politicians https://psmag.com/news/how-states-are-blocking-a-third-party-run#.8g9r7b4l6

20. How Ballot Access Laws Affect the U.S. Party System https://journals.shareok.org/arp/article/view/550

21. Ditto.

22. Wikipedia: Single-member district

https://en.wikipedia.org/wiki/Single-member_district

23. The Real Reason You Can’t Vote for an Independent Candidate https://time.com/4436805/lawrence-lessig-randy-barnett/

24. The Sneaky Silencing of Third-Party Politicians https://psmag.com/news/how-states-are-blocking-a-third-party-run#.8g9r7b4l6

25. 6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016 https://www.sentencingproject.org/publications/6-million-lost-voters-state-level-estimates-felony-disenfranchisement-2016/

26. Fix Our Broken System

https://www.gp.org/fix_our_broken_system

27. Alabama blocked a man from voting because he owed $4 https://www.theguardian.com/us-news/2020/feb/27/alabama-voting-rights-alfonzo-tucker?fbclid=IwAR2Mqjc_KvnNkKuoRLuSpoq5w4Tle7nyLfdX_W5OuTg4jhsr0qYPkDJhJoU

28. Registering by Party: Where the Democrats and Republicans Are Ahead https://www.rasmussenreports.com/public_content/political_commentary/commentary_by_rhodes_cook/registering_by_party_where_the_democrats_and_republicans_are_ahead

29. Tulsi Gabbard: Presidential Candidates Must Also Condemn Election Interference by US Intelligence Agencies https://www.anti-empire.com/tulsi-gabbard-presidential-candidates-must-also-condemn-election-interference-by-us-intelligence-agencies/?utm_source=newsletter&utm_medium=email&utm_campaign=Daily+Headlines

30. Fix Our Broken System https://www.gp.org/fix_our_broken_system

31. How Third Parties Are Kept Out Of Presidential Debates https://www.huffpost.com/entry/what-the-hell-how-third-p_b_11277474

32. DNC Scrambles to Change Debate Threshold After Gabbard Qualifies https://consortiumnews.com/2020/03/05/dnc-scrambles-to-change-debate-threshold-after-gabbard-qualifies/?fbclid=IwAR0ozgCxmPsSlaNSomQUZQ4XHZ-lCVQ5ehqGPjORzsN3KI1VI7crjs9VDGM

33. Michael Bloomberg is the only candidate to give money to the DNC. They just changed their rules to let him onto the debate stage https://www.insider.com/dnc-debate-qualification-rules-bloomberg-donation-2020-2

34. Santos, Rita. Gerrymandering and Voting Districts (At Issue) (2018).

35. Land of the Free? Harvard Study Ranks America Worst in the West for Fair Elections https://www.globalresearch.ca/land-of-the-free-harvard-study-ranks-america-worst-in-the-west-for-fair-elections/5555383?fbclid=IwAR15nyqQ6XyqHSyM5dAujkU9HJI4BO8M41Xw11htkrOEwqcf7IP9JaPSApc

36. U.S. Elections Are Neither Free Nor Fair. States Need to Open Their Doors to More Observers https://theintercept.com/2018/11/05/u-s-elections-are-neither-free-nor-fair-states-need-to-open-their-doors-to-more-observers/

37. Hellevig, Jon. All is Art. On Social Practices and Interpretation of Feelings. On Democratic Competition. (2007).

http://www.hellevig.net/allisart.pdf

38. GOP donors use Cromnibus changes to stuff party committees’ 2016 coffers; Dem donors MIA. https://www.opensecrets.org/

39. Soft Money Is Back — And Both Parties Are Cashing In https://www.politico.com/magazine/story/2017/08/04/soft-money-is-backand-both-parties-are-cashing-in-215456

40. How Super PACS Shape U.S. Elections with Advertisements That Portray Candidates in Ways Publicly Identified Campaign Ads Often Avoid https://scholars.org/contribution/how-super-pacs-shape-us-elections-advertisements-portray-candidates-ways-publicly

41. Super-PACs and Dark Money: ProPublica’s Guide to the New World of Campaign Finance https://v2-www.propublica.org/article/super-pacs-propublicas-guide-to-the-new-world-of-campaign-finance

42. Money Isn’t Speech and Corporations Aren’t People https://slate.com/news-and-politics/2010/01/the-misguided-theories-behind-citizens-united-v-fec.html

43. Ditto.

44. Ditto.

45. Overturning the “Money Is Speech” Doctrine https://democracyisforpeople.org/page.cfm?id=19

46. Ditto.

47. The First Amendment and Restrictions on Political Speech

https://www.cato.org/publications/congressional-testimony/first-amendment-restrictions-political-speech

48. Overturning the “Money Is Speech” Doctrine https://democracyisforpeople.org/page.cfm?id=19

49. Money Isn’t Speech and Corporations Aren’t People https://slate.com/news-and-politics/2010/01/the-misguided-theories-behind-citizens-united-v-fec.html

50. Ditto.

51. Ditto.

52. Secondary Effects Doctrine https://uscivilliberties.org/themes/4457-secondary-effects-doctrine.html

53. Money Isn’t Speech and Corporations Aren’t People https://slate.com/news-and-politics/2010/01/the-misguided-theories-behind-citizens-united-v-fec.html

April 15, 2020 Posted by | Civil Liberties, Corruption, Deception, Timeless or most popular | | Leave a comment

Ninth Circuit Denies Lawsuit Over Damage to Home in Police Raid

By Nathan Solis | Courthouse News | April 9, 2020

The Jessen’s rural farm home in central California sat on a dead-end street, surrounded by almond orchards.

On June 11, 2016, David Jessen said while he was out, the Fresno County Sheriff’s Department called to tell him someone had broken into his home. Several hours later he would return to find his home destroyed after a SWAT team, two helicopters, a K-9 unit and a fire truck barreled toward his front lawn to arrest the burglar.

On Thursday, the Ninth Circuit upheld a ruling that Fresno County and the city of Clovis are not liable for negligence claimed by David and his wife Gretchen Jessen’s lawsuit, because the damage to their home was caused by the officer’s “discretionary acts.”

The Jessens claimed in their 2017 lawsuit that the Fresno County Sheriff’s Department and Clovis Police Department happened upon the ideal setting for a training exercise at their home when they received a call from a construction crew about a man who was found sleeping in a nearby vacant house.

The man left without any protest, but the construction workers say they heard the sound of glass breaking and say the man broke into the Jessen’s home, according to the civil complaint.

The lawsuit claimed the dead-end home was the perfect setting for a training exercise because there would be no nearby neighbors or civilians who would congregate to watch the SWAT team and helicopters converge.

David Jessen said after he arrived at his home and told an officer that two unloaded shotguns and a loaded .357 magnum were hidden in the house, the officer told him the man inside threatened to shoot anyone who entered. Jessen and his family were asked to wait elsewhere.

After taking his family to a friend’s house 10 minutes away, Jessen drove back to unload some farm equipment and found law enforcement cars lining the road to his house for a quarter of a mile, plus two ambulances, a fire truck and two helicopters circling above.

This use of police force would eventually destroy the home, according to the complaint. Jessen said just before police cleared out, an officer handed him a card and said, “We have insurance for this.”

Police ripped out several wrought iron doors, according to the complaint, and pulled out a wall off the foundation, teargased six rooms, shattered a glass sliding door, broke several windows and 90 feet of fencing and flash-bombed two more rooms.

The Jessens say the man, identified later as Chanley Un, stole an ice cream bar, some milk and half a tomato.

The sheriff’s department claimed in a 2017 statement that officers found Un in a room within reach of the guns.

The couple sought $150,000 due to the damage to their home, which they said could no longer be lived in due to the excessive teargas use and other damage.

The appellate panel made up of U.S. Circuit Judge Kim McLane Wardlaw, a Bill Clinton appointee, U.S. Circuit Judge Milan Smith Jr., a George W. Bush appointee, and Senior U.S. Circuit Judge Eugene Siler Jr., a George H.W. Bush appointee, sitting by designation from the Sixth Circuit, upheld the ruling in an unpublished and unsigned memorandum.

The panel agreed that the Jessens did not establish a triable issue on the municipal actions taken by the officers and that the departments “do not have a custom of turning simple operations into full-scale training operations,” which the district court ruled out due to a lack of evidence.

“The record evidence shows that defendants have a general policy of obtaining warrants prior to entry, of using reasonable force, and for the reasonable use of tear gas. The Jessens failed to establish a triable issue that any of these policies caused any constitutional injuries, or that there was a ‘persistent and widespread’ violation of these policies amounting to an unconstitutional custom or practice,” the panel wrote.

The panel said the Jessens also could not prove that the two police departments who arrived at their home to retrieve the barricaded man did not have the proper training.

“Even assuming, without deciding, that defendants’ training policies are inadequate, there is no evidence that ‘the need for more or different training [was] so obvious’ that defendants were deliberately indifferent to the Jessens’ rights,” the panel wrote.

The fact that an officer sought to explain and justify each piece of property damage after the incident shows the officer exercised some discretion in his role as the operation team leader and there was no evidence that one officer had final policymaking authority delegated to him, according to the 6-page memo.

Under the case Conway v. County of Tuolumne, the California Court of Appeal found “discretionary act immunity applies to the selection of the means to effectuate an arrest, including the decision to deploy a SWAT team in effectuating an arrest, and the subsequent decision to deploy tear gas.”

“Under Conway, Defendants are immune from liability, and the district court properly granted summary judgment for Defendants on the Jessens’ negligence claim,” the panel wrote.

In a statement for Fresno County, a spokesperson said they are “very pleased with the decision by the Ninth Circuit again confirming that the Sheriff’s Office acted reasonably and in the interest of public safety under all the circumstances.”

Emails sent to the Jessen’s attorney were not immediately answered for comment.

April 13, 2020 Posted by | Civil Liberties | , , | Leave a comment

How to Get Rid of a POTUS

By John Quincy Adams | Strategic Culture Foundation | April 13, 2020

In the Soviet Union there was an expression “The Organs of State Security” or “Organs” for short. Their supposed power in the USSR was one of the things that separated them from what we used to call “the free world”. Not so much any more – the American Organs came very close to getting rid of the so-called Most Powerful Man in The World. They made only one mistake; they probably won’t next time.

The impeachment of US President Donald Trump is over, or at least this iteration is. This was not a normal impeachment, it was an attempt by the Deep State, the Organs of State Security, the Blob, the Borg – later we will learn what its members call it – to remove a president of the United States. After some false starts, it succeeded at every step except the very last one. But, as they say, practice makes perfect and the Organs have learned from their mistake.

Note that such a removal only becomes necessary when the Organs have failed to block a challenger, a Bernie Sanders or Tulsi Gabbard for example, who might question the status quo. But, in 2016 they failed and, to the amazement of the wise ones, Trump won the election. His remarks about getting along with Russia showed that he might wander off the path The Organs had laid out. The Organs got to work. They first stirred up opinion that he was so unfit for office that getting rid of him would be laudable, no matter how it was done. Not so difficult given the small number of “news” media owners in the USA well trained to take their lead from “anonymous sources in the intelligence community” and not so difficult because the losers were so bitter. He was -phobic – islamo-, trans-, homo-. He was -ist – rac-, sex-, class-. Limited mental abilities, psychological instability, personal deficiencies, incapable, dangerous. An entire theory of incapacity was built on a typo. Each attempt faded and was forgotten – faithless Electors, 25th Amendment, Logan Act – nobody remembers the details, but the stink remains.

But these produced no effective actions. There are only two ways to get rid of an American president if you are unwilling to wait until the next election – murder or impeachment. Media hysteria creates an atmosphere but it doesn’t get anything done.

It’s an experiment – this fails, that fails, try something else. So the Organs moved to another idea – treason as grounds for impeachment. The seeds had been planted – “All 17 intelligence agenciesagreed that he was the nominee of a hostile foreign power. Three years on an inquiry intended to provoke him, but he resisted the provocations and, eventually the inquiry had to admit it found nothing. But the accusation is always there – enemies of the Organs, Tulsi Gabbard, Bernie Sanders, Jill Stein are accused of being puppets of the foreign power.

Trump talks a lot and, sooner or later, will say something the Organs can seize on and twist. And he did. A phone call to a subservient foreign leader provided the opportunity and The Organs of State Security took it. One operative became a “whistleblower” – he didn’t overhear the phone call, didn’t know what it said but did know that a fellow operative was “visibly shaken“. Another operative actually said it out loud:

In the Spring of 2019, I became aware of outside influencers promoting a false narrative of Ukraine inconsistent with the consensus views of the interagency. This narrative was harmful to U.S. government policy. While my interagency colleagues and I were becoming increasingly optimistic on Ukraine’s prospects, this alternative narrative undermined U.S. government efforts to expand cooperation with Ukraine.

Read that again because it’s an important stage in the History of the Decline and Fall of America. “Inconsistent with the consensus views of the interagency”. That’s what they think should make foreign policy, not transient presidents (never mind Art 2 Sec 2). This is the moment when even the dullest should have understood that yes there is a Deep State, the Organs do exist and its operatives call it The Interagency.

The president is already unpopular, many think he must be removed and now The Interagency says he is a traitor. The opposing party stages a show in which “witnesses” from The Interagency testify that he is a traitor because he says or will say, does or will do something that violates “the consensus views of The Interagency”. Like trade Alaska to Russia for support. The House brings bills of impeachment charging that he has weakened national security (The Interagency told us so) and obstruction of justice (many members are ex-prosecutors and built their careers on plea bargains and obstruction of justice charges; that charge is an automatic reflex.)

But the plot failed in the Senate. The Interagency must be wondering what would have happened had it produced, at the right time, compromising information on 20 or 30 senators.

We recapitulate. Should someone who threatens The Interagency manage the improbable feat of climbing over the obstacles and becoming president, The Interagency will

  1. Start a campaign at which obedient media scribes, quoting “people familiar with the matter“, throw all the accusations they can find or imagine. Details will be forgotten but surely, with such clouds of smoke, there must be some fire somewhere. Easier still if members of The Interagency become TV pundits themselves.
  2. Gather all the compromising information The Interagency has – the NSA keeps everything – on Congressmen and be prepared to deploy it. Easier still if members of The Interagency become members themselves.
  3. Wait for some event in which the POTUS goes against The Interagency Consensus.
  4. Use the compromising information in the House to start an inquiry which listens to testimony from Interagency operatives that the POTUS has violated The Interagency consensus and threatened national security.
  5. The House charges him with 1) endangering national security and 2) obstruction of justice.
  6. Use the compromising information to get enough Senators to vote to remove.
  7. Repeat as necessary until every candidate understands who really runs things.

And that’s how how do it.

And The Interagency nearly pulled it off – 20 or 30 Senators, confronted with evidence of sexual or financial peccadilloes (or, these days, -isms or -phobias), could have been “persuaded” to do the right thing.

And so, as Adams foresaw two centuries ago, step by step, America, having bound “an imperial diadem” to her forehead, has ceased to be “the ruler of her own spirit”. The Interagency – built up for the pursuit of monsters – very nearly ate the government. It failed only at the very last step.

April 13, 2020 Posted by | Civil Liberties | , , | Leave a comment

Meet The Companies Poised To Build The Kushner-Backed “Coronavirus Surveillance System”

By Whitney Webb | The Last American Vagabond | April 11, 2020

The three companies behind the leading proposal to build a “national coronavirus surveillance system”, an initiative spearheaded by Jared Kushner, boast deep ties to Google, intelligence-linked venture capital firms as well as one of last year’s eerily predictive “pandemic” simulations.

On April 7, Politico reported that the President’s son-in-law Jared Kushner was spearheading an all-private sector taskforce that aims to build a “national coronavirus surveillance system” in order to “give the government a near real-time view of where patients are seeking treatment and for what.”

This proposed nationwide network, according to that report, would be used to better inform government decision-making regarding which parts of the United States may “safely relax social-distancing rules” and those that may not. Politico treaded lightly in its discussion of such a system’s likely effects on civil liberties, but did note that some critics have compared this proposed system “to the Patriot act enacted after the 9/11 attacks.”

According to Politico, three companies collectively sent out a memo on March 22 to three administration officials – Jared Kushner, Vice President Mike Pence and Secretary of the Department of Health and Human Services Alex Azar. The memo was “widely circulated” throughout the administration relative to other submitted proposals. Those companies – Collective Medical, PatientPing and Juvare – asserted in the memo that they could collectively “supply the government with information on where and how many patients are seeking care across 80 percent of the U.S. ‘in short order.’”

Two of those companies, Collective Medical Technologies and PatientPing, declined to comment on the memo and its contents. A representative from Juvare, however, stated that the company has “spoken with officials across several federal agencies including FEMA, HHS and the CDC about its various emergency preparedness and data tools.”

Though the article downplayed the privacy concerns such a system would create, it failed to note the direct and troubling ties of these three companies, not only to Silicon Valley giants with dubious records regarding data privacy and coordination with U.S. intelligence agencies, but also ties to controversial simulations that took place last year and seemingly predicted the current coronavirus crisis.

Collective Medical Technologies

Utah-based Collective Medical Technologies is currently the nation’s largest “healthcare collaboration network” and was recently described by Forbes as having “conquered emergency rooms on a bootstrap.” Its current CEO, Chris Klomp, worked at the Mitt Romney-founded Bain Capital, whose alumni also include Israeli Prime Minister Benjamin Netanyahu and current CEO of Google’s YouTube, Susan Wojicki.

One of Collective Medical’s largest investors is the venture capital firm Kleiner Perkins, which poured $47.5 million into the company in 2017. Kleiner Perkins, an early investor in both Google and Amazon, counts former Secretary of State Colin Powell among its “strategic advisors” and has managed a $200 million “pandemic and biodefense fund” since 2006 that has been coordinated in part with the World Health Organization. That same year, Dr. Thomas Monmath, former chief of the Fort Detrick bioweapon lab’s Virology Division and former senior science advisor to the CIA, also joined Kleiner Perkins to help “advance innovation” in relation to this specific fund. Dr. Monmath is also a former executive at an Emergent Biosolutions subsidiary.

Kleiner Perkin’s pandemic fund has heavily invested in companies that compose the Emergent Biosolutions-run Alliance for Biosecurity, such as BioCryst Pharmaceuticals, as well as NovaVax, which recently entered into a major partnership with Emergent Biosolutions to produce a coronavirus vaccine. Emergent Biosolutions, one of the most scandal ridden vaccine companies in the country with deep ties to the U.S. government and the Pentagon, is the subject of an investigation recently published by The Last American Vagabond.

PatientPing

Boston-based PatientPing is another company in this private sector triad lobbying to form a new national “health” surveillance system in the name of combatting the coronavirus epidemic. Founded by Jay Desai and David Berkowicz, PatientPing is a technology company focused on information-sharing in order to create a “healthcare collaboration network.” The company’s first lead investor was Google Ventures, often referred to in press releases and media reports simply as “GV.” Dr. Krishna Yeshwant of Google Ventures sits on PatientPing’s board and he also led GV’s investment in Editas Medicine, the CRISPR gene-editing start-up backed by Bill Gates and his former scientific advisor Boris Nikolic.

As its name suggests, GV is the venture capital arm of Google and over a third of its investments are in the “life sciences.” It frequently co-invests in companies with In-Q-Tel, the CIA’s venture capital firm. The cooperation is hardly surprising if one is aware of Google’s history, as the technology behemoth was a beneficiary of In-Q-Tel funding in its early days.

Google’s use (or rather misuse) of private data is well-known and they have recently been in the news in relation to the coronavirus after giving the government broad access to the private location data of Android smartphone users to allegedly help track the virus’ spread. GV’s association with In-Q-Tel and their interest in a company like PatientPing is notable given that In-Q-Tel, particularly In-Q-Tel’s current Executive Vice President Tara O’Toole, has long promoted mass surveillance programs that utilize healthcare IT services just like those offered by PatientPing and Collective Medical Technologies. O’Toole is a key and recurrent figure in The Last American Vagabond’s “Engineering Contagion” series.

PatientPing’s other lead investor is the venture capital firm Andreesen Horowitz. Andreesen Horowitz is advised by former Secretary of the Treasury Larry Summers, an associate of pedophile and intelligence asset Jeffery Epstein as well as billionaire Bill Gates. This same venture capital firm is also one of the lead investors in Toka, an Israeli intelligence-linked “start-up” founded by former Israeli Prime Minister Ehud Barak, who was also a close associate of Jeffrey Epstein. Toka describes its product portfolio as “empower[ing] governments, intelligence, and law enforcement agencies to enhance Homeland Security with groundbreaking cyber-intelligence and operational capabilities” by allowing government’s covert access to consumer electronic devices. Two members of Andreesen Horowitz, Jeff Jordan and Vijay Pande, sit on PatientPing’s board.

Juvare

The last of the three companies poised to build a national coronavirus surveillance system is the emergency management software company Juvare. One of their key products is called EMTrack, which – according to Juvare’s website – provides its clients the ability to track “patients, people, pets and populations throughout any kind of event.” Its software, in general, relies heavily on Google-made or owned software.

Juvare boasts that its products have been used by the government to coordinate responses to mass shootings, such as the Las Vegas and Pulse Nightclub shootings, and past pandemic scares such as Swine Flu (H1N1), Bird Flu, Ebola and SARS. Juvare’s software products are used by 80% of state public health agencies and over 50 different U.S. federal agencies – including the FBI, the State Department and Homeland Security. It is also a contractor for the U.S. military. In Mid-March, it released a “free” software add-on for existing clients in government to track coronavirus cases including “presumptive cases” as well as the number of those under “mandatory and voluntary” quarantines.

Juvare was a notable private sector participant in the series of “Crimson Contagion” simulations that were conducted last year by the Department of Health and Human Services (HHS). Crimson Contagion, overseen and designed by HHS Assistance Secretary for Preparedness and Response (ASPR) Robert Kadlec (also a key player in the “Engineering Contagion” series), simulated the U.S. government’s response to a massive viral pandemic four times between last January and August. Those simulations involved both large and small-scale exercises that brought together 19 different federal agencies, 12 states and several private companies. One focus of those simulations, which preceded the coronavirus crisis by a matter of months, was the use of the surveillance in order to better enforce “social distancing” among Americans.

Here to help?

Though these private companies – as noted by Politico – are now offering their services of “surveillance” to the U.S. government “for free,” it is difficult to believe that their offer is altruistic in nature given their ties to companies and organizations that have long lobbied for or actively participated in mass surveillance for years, long before the current coronavirus came to dominate headlines and the public consciousness.

Much like the Patriot Act after 9/11, the current pandemic crisis is being used to expand mass surveillance programs, programs that are unlikely to end after the pandemic fades. To the contrary, if history is any indicator, such sweeping new surveillance systems will instead be further expanded.

It is also worth pointing out the significance of Jared Kushner’s involvement in leading this effort, as his wife Ivanka Trump – the President’s daughter – was one of the leading proponents of a controversial program last year called the Health Advanced Research Projects Agency (HARPA). HARPA seeks to create a new government “health” agency aimed at stopping mass shootings before they occur. This agency’s main program, called “Safe Home (Stopping Aberrant Fatal Events by Helping Overcome Mental Extremes), aims to develop an artificial intelligence-based system that would analyze data harvested from consumer electronic devices as well as information provided by health-care providers to identify those who might threaten others.

Though HARPA ultimately failed to gain traction, a similarly Orwellian mass surveillance system is now being promoted in its place, with coronavirus now replacing mass shootings as the official justification. The superficial re-branding of this new, far-reaching mass surveillance system aims to justify its imposition by framing it as a solution to whatever is currently inspiring the most fear among Americans, with the hope that something sticks. These transparent attempts to gain public consent for further expansion of unconstitutional surveillance strongly suggests that such a system is aimed at expanding authoritarianism and further reducing American civil liberties and has little to do with protecting “public health” and assisting the country’s response to coronavirus.

April 12, 2020 Posted by | Civil Liberties, Timeless or most popular | , , | Leave a comment