Rejecting the Rule of Law
The US Now Backs a “Code of Conduct” for Space, Instead of a Legally Binding Treaty to Ban Space Weapons
By ALICE SLATER | CounterPunch | January 17, 2014
The most important lesson one can acquire about US foreign policy is the understanding that our leaders do not mean well. They do not have any noble goals of democracy and freedom and all that jazz. They aim to dominate the world by any means necessary. And as long as an American believes that the intentions are noble and honorable, it’s very difficult to penetrate that wall. That wall surrounds the thinking and blocks any attempt to make them realize the harm being done by US foreign policy.
– William Blum, former member of the US State Department, author of Killing Hope: US Military and CIA Interventions since World War II[i]
More than 5,000 satellites have been launched into orbit since the space age began[ii]. Today, eleven countries have space launch capability, with over sixty countries operating about 1,100 active satellites orbiting the earth providing a constant stream of data and information relied upon for critical civilian communications as well as for military operations by some.[iii] As we grow ever more dependent on the ability of these satellites to perform their essential functions without interruption, there are growing concerns that this useful technology is giving rise to a new battleground in space for the purpose of sabotaging or destroying the vital services our space-based communications now provide.
The US and Russia have been testing anti-satellite technology (ASAT) since the space age began, and have even contemplated using nuclear tipped ballistic missiles to destroy space assets. In 1967, the US and Russia realized it would be in their interest to support the 1967 Outer Space Treaty, which banned the placement of nuclear weapons or other weapons of mass destruction in space, although they failed to ban the use of conventional weapons in space. And in 1972 they agreed to sign the Anti-Ballistic Missile Treaty (ABM) to slow down the space race and the ability to harm each other’s assets in space. Unfortunately, George Bush walked out of the ABM treaty in 2002, and the race to weaponize space was on once again in full force. China is getting into the act too, having launched, in 2007, a device which destroyed one of its aging weather satellites orbiting in space. The US followed suit in 2008, destroying a non-functioning satellite, while both nations denied any military mission for their acts, claiming they were merely trying to destroy outdated satellites that no longer functioned.
With the proliferation of military spacecraft such as imaging and communications satellites and ballistic missile and anti- missiles systems which often pass through outer space, there have been numerous efforts in the UN Committee on Disarmament (CD) to outlaw the weaponization of space through a legally binding treaty. But the United States is having none of it. In the CD, which requires consensus to take action, the US has been the only nation to block every vote to begin negotiations on such a treaty, with Israel generally abstaining in support. Russia and China actually prepared a draft treaty to ban weapons in space in 2008, but the US blocked the proposal, voting against it each year thereafter when it was reintroduced for consideration, saying the proposal was “a diplomatic ploy by the two nations to gain a military advantage”.[iv]
While continuing to block a legally binding treaty to ban weapons in space, the US has recently begun to work with a group of nations in a new initiative that began in the European Union in 2008, proposing a “Code of Conduct for Outer Space Activities“ which would lay out a non-binding set of rules of the road for a safer and more responsible environment in space. Some of its key objectives are to mitigate damage to satellites that could be caused by space debris orbiting the earth, to avoid the potential of destructive collisions, and to manage the crowding of satellites and the saturation of the radio-frequency spectrum, as well as to address direct threats of hostility to assets in space. [v] At first, the US rejected any support for the Code, but has now agreed to participate in drafting a new version based on the third iteration from the European Union. Obama’s Under Secretary of State for Arms Control and International Security, Rose Gottemoeller, acknowledged in 2012 the necessity for a Code to deal with orbital debris and “other irresponsible actions in space”, while at the same time, noting that,
It is important to clarify several points with respect to the code. It is still under development, we would not subscribe to any code unless it protects and enhances our national security, and the code would not be legally binding. [vi]
In addition, the US is insisting on a provision in this third version of the Code of Conduct that, while making a voluntary promise to “refrain from any action which brings about, directly or indirectly, damage, or destruction, of space objects”, qualifies that directive with the language “unless such action is justified”. One justification given for destructive action is “the Charter of the United Nations including the inherent right of individual or collective self-defense”, thus lending legitimacy and codifying the possibility for warfare in space as part of the Code’s established norm. And while the Charter of the United Nations prohibits aggressive action by any nation without Security Council approval unless a nation acts in self-defense, we know there have been numerous occasions where nations have by-passed the Security Council to take aggressive action, often protesting they were acting in self-defense. Instead of banning ASAT development and warfare, this Code justifies such warfare as long as it’s done, individually and collectively, under the guise of “self-defense”. Thus despite lacking the force of law that would be established with a legally binding treaty, this new US version of the Code creates, as the norm it is proposing, a possibility for space warfare.
Our world deserves better!
Alice Slater is NY Director of the Nuclear Age Peace Foundation and serves on the Council of the Global Network Against Weapons and Nuclear Power in Space

Major Political Donors Have Access to TPP Documents. Everyone Else? Not So Much
By Mike Masnick | Techdirt | January 17, 2014
The good folks over at MapLight have taken a look at the members of the Industry Trade Advisory Committee on Intellectual Property Rights (ITAC-15). As we’ve discussed in the past ITAC 15 is a committee of high powered corporate representatives who are basically the only ones with full access to the text of the intellectual property chapter of the TPP. Those on ITAC 15 are allowed to see the latest text by logging into a system from the comfort of their desks. If Congress wants to see it? No luck. Members of Congress are allowed only to visit the USTR offices, where they’ll be shown a copy of the document in a sealed room. They’re not allowed to bring staff (such as the experts who would understand this stuff). They’re not allowed to take notes or make any copies. Basically, the corporate interests have a lot more oversight over the whole process than Congress does.
So how does one get onto ITAC 15? It’s not easy. Lawyer Andrew Bridges (whose name you might recognize) sought to get onto ITAC 15 as one of the country’s foremost experts on copyright law and its impact on innovation and startups. He was nominated… but denied. But who does get on there? According to MapLight’s analysis, it helps to be a major corporate donor to political campaigns:
- The 18 organizations represented by ITAC-15 gave nearly $24 million to current members of Congress from Jan. 1, 2003 – Dec. 31, 2012.
- AT&T has given more than $8 million to current members of Congress, more than any other organization represented by ITAC-15.
- House Speaker John Boehner, R-Ohio, has received $433,350 from organizations represented by ITAC-15, more than any other member of Congress.
- Democrats in Congress have received $11.4 million from organizations represented by ITAC-15, while Republicans in Congress have received $12.6 million.
- The members of Congress sponsoring fast-track legislation, which would allow the President to block Congress from submitting amendments to the TPP, have received a combined $758,295 from organizations represented by ITAC-15. They include Senate Finance Committee Chairman Max Baucus ($140,601), Senate Finance Committee Ranking Members Orrin Hatch ($178,850), House Ways and Means Committee Chairman David Camp ($216,250), House Ways and Means Subcommittee on Trade Chairman Devin Nunes ($86,000), and House Rules Committee Chairman Pete Sessions ($136,594).
I’m sure that’s all just a coincidence, right? If the USTR was really seeking to convince the world that the TPP isn’t just a corporatist power grab to give political crony’s a leg up against innovators, it’s doing a piss poor job of convincing anyone that’s the case.
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US to Expand Military, Intelligence Presence in Bahrain
Al-Manar | January 17, 2014
The US military plans to establish an intelligence center in Bahrain in a bid to compensate for its dwindling presence in Afghanistan.
A senior US military official told a Senate hearing that the planned espionage center in the Arab state, home to the US Navy’s 5th Fleet, will be an “integral part” of the Pentagon’s post-2014 strategy in Afghanistan, the Washington Post reported on Thursday.
The official, Erin Logan, who oversees the Pentagon’s “counter-narcotics efforts,” claimed during a US Senate hearing on narcotics on Wednesday that the plan is part of Washington’s efforts to “continue fighting” Afghanistan’s “booming drug industry.”
“The center,” she added, “will help fill the gap where space for personnel on the ground in Afghanistan is no longer available.”
The US move to expand its military and intelligence presence in Bahrain comes, however, despite the grave human rights record of the ruling Al Khalifa regime for its brutal crackdown on a popular uprising that has left scores shot and tortured to death and many more injured and prosecuted for taking part and even sympathizing with the continuing anti-regime protests in the country.
The United States has long been suspected by regional countries, particularly Iran and Russia, of promoting the growth of the narcotics trade in Afghanistan ever since American and NATO military forces invaded the country in 2001 under the pretext of fighting terror and bringing stability to Afghanistan.
There have been numerous press accounts over the past years pointing to the involvement of US troops and CIA operatives in Afghanistan’s expanding drug trade that largely finances the al-Qaeda-linked Taliban militants in the country.
The US military aims to establish an intelligence center in the Persian Gulf kingdom of Bahrain in a bid to compensate for its dwindling presence in the war-torn Afghanistan.

Israel, Pentagon ‘big winners’ in US spending bill
Press TV – January 15, 2014
The Pentagon, defense industry and Israel came out as big winners in a bipartisan $1.1 trillion omnibus spending bill that would pay for government operations through October, a report says.
The massive measure, unveiled Monday night, fleshes out the details of the budget deal that US Congress passed last month.
The spending bill provides about $497 billion for the Pentagon in 2014 — about the same as in 2013. In addition, it allocates $85.2 billion for the war in Afghanistan as part of the Pentagon’s overseas contingency operations (OCO), $5 billion more than requested.
“The big winner is the Defense Department. They should be breaking out champagne in the Pentagon,” said Gordon Adams, a defense budget expert and former US official, as quoted by the Hill.
Before last month’s budget deal that relieved $22.4 billion in sequestration cuts, the Pentagon budget for 2014 would have been around $475 billion.
Fiscal watchdog and antiwar groups criticized the $5 billion increase from the Pentagon’s request in overseas contingency funding as a “slush fund to pad the department’s budget and avoid spending reductions,” the Hill said.
“There is no excuse for a $5 billion increase to OCO especially in a time of belt tightening throughout the federal government,” David Williams, president of Taxpayers Protection Alliance, said in a statement Tuesday.
The defense industry was also a winner in the omnibus spending bill, Adams said.
The bill largely fulfills the Pentagon’s procurement request for ships, aircraft, tanks, helicopters and other war-fighting equipment, including 29 new F-35 Joint Strike Fighters, eight new warships as requested by the Navy, and a variety of other aircraft like the V-22 Osprey, new and improved F-18 fighters and new Army helicopters.
Israel is also a “winner” in the spending measure, as it fully funds the Arrow, David’s Sling, and the Iron Dome rocket systems, the Hill said.
The spending bill authorizes $173 million in added funding for Israel’s missile systems, including nearly $34 million to improve the Arrow weapon system and $117.2 million for development of the David’s Sling short-range ballistic missile system and $22 million for an upper-tier interceptor.
The US provides $3.1 billion in annual military aid to Israel, making the Zionist regime the largest recipient of US aid in the world.
US President Barack Obama has pledged to extend annual military aid to Tel Aviv through 2027.
The pending 10-year military aid package would commit the United States to give up to $40 billion in military grant assistance to Israel. It would automatically kick in after the current 10-year, $30 billion agreement expires in 2017.

Democrats plead with Obama to abandon Social Security cut
By Alexander Bolton – The Hill – 01/11/14
Democratic senators are pleading with President Obama to abandon his proposal to trim Social Security benefits before it becomes a liability for them in the midterm elections.
The president proposed a new formula for calculating benefits in his budget last year, in hopes that the olive branch to Republicans would persuade them to back tax increases in a broader fiscal deal. But Democratic lawmakers say Obama should shelve the idea now that they are facing a difficult midterm election where they need to turn out the liberal base to preserve their Senate majority.
“I’m not sure why we should be making concessions when the Republicans show absolutely no willingness to do the same,” said Sen. Chris Murphy (D-Conn.).
Democrats acknowledge it may be awkward for Obama to rescind his proposal, but say it would unwise of him to repeat the offer in the budget that is due out next month.
“I think it’s difficult for the president to pull it back after he already floated it but I would love to see it shelved until Republicans show they’re actually going to do something on their side of the ledger,” Murphy said.
Obama proposed nearly $1 trillion in spending cuts in his budget, including a switch to using the Chained Consumer Price Index (CPI), which liberal policy experts estimate could cost seniors thousands of dollars in benefits over their lifetimes.
The Center on Budget and Policy Priorities, a liberal think tank, projected that most future beneficiaries would see a 2 percent reduction in benefits during the course of retirement.
Supporters of chained CPI argue it is a more accurate measure of inflation, and say the reduction in federal spending would ease the deficit over time.
Obama said he made the proposal to get Republicans to the negotiating table, but the move rankled Democrats on both sides of the Capitol.
Sen. Bernie Sanders (Vt.), a liberal independent who caucuses with Democrats, said lawmakers have told White House chief of staff Denis McDonough to drop chained CPI from this year’s budget proposal.
“We have talked to his chief of staff and made that very clear,” said Sanders, who is co-founder of the Defending Social Security Caucus.
Congressional Democrats grumbled last year that Republicans never seriously entertained the thought of ending tax breaks for wealthy individuals and corporations.
“I certainly hope that the president has learned a lesson from this whole process,” Sanders said. “To be honest with you, I just can’t imagine what staff people gave him the disastrous advice to propose a chain CPI, which from both a public policy point of view and political point of view is totally absurd.”
“He should recognize that was a mistake. It should not be in his budget at all,” said Sen. Tom Harkin (D-Iowa), chairman of the Health, Education, Labor and Pensions Committee.
Harkin said some centrists in the caucus support chained CPI, but they are in the distinct minority.
One of those centrists is Sen. Mark Warner (D-Va.), who is running for reelection this year and facing a possible challenge from Ed Gillespie, the former chairman of the Republican National Committee.
Warner said in an interview that he is still hopeful of a broader deal to reduce the deficit. He said Democrats should keep chained CPI on the table if they expect Republicans to compromise on taxes.
Liberal Democrats say cutting Social Security benefits, even what centrists view as moderate cuts, is broadly unpopular across age groups. They say there mere proposal of reductions would amount to a self-inflicted political wound that would come back to haunt their party in the midterm election.
“It’s a very controversial issue at a difficult time for the senior community,” said Sen. Dianne Feinstein (D-Calif.), who declined to express support or opposition to the proposal.
A Pew Research poll released this month showed Republican voters are more enthusiastic than Democrats about the November election.
The survey found 63 percent of Republicans were looking forward to the election, while only 53 percent of Democrats felt the same way. Pollsters found a similar enthusiasm gap in January of 2010, before Republicans captured control of the House and picked up Senate seats.
In recent weeks, political handicappers have upped the chances of Republicans capturing the Senate in November.
White House and Senate Democratic strategists have tried to rekindle the enthusiasm of Democratic base voters by focusing on income inequality. Senate Democrats have made extending unemployment benefits and raising minimum wage two of their top agenda items this year.
Robert Borosage, co-director of Campaign for America’s Future, a liberal advocacy group, said it would be a serious blunder if Obama gave Republicans an opening to accuse his party of pushing Social Security cuts.
“I think it’s very counterproductive and not just with the base,” Borosage said.
Borosage noted that Republicans reaped a disproportionate share of the senior vote in the 2010 GOP wave election but have steadily lost their edge among that age group in recent years.
He noted that Republicans bashed Obama and Democrats in 2012 for cutting Medicare to raise money for the Affordable Care Act, even though House GOP Chairman Paul Ryan (R-Wis.) kept those cuts in his own budget proposals.
“The last thing you want to do in terms of the politics is allow Republicans to go across the country and say the president wants to cut Social Security before the election,” he said.
Obama is officially scheduled to release his budget next month, but is likely to delay the fiscal blueprint until March or April, as he did last year.

Is Obama Trying to Resolve or Prolong the Conflict in Syria?
By Flynt Leverett and Hillary Mann Leverett | Going to Tehran | January 10, 2014
Suppose a great power declares that it supports a peace process aimed at finding a political solution to a terrible, ongoing conflict. Then suppose that this great power makes such declarations after it has already proclaimed its strong interest in the defeat of one of the main parties to said conflict. And then suppose that this great power insists on preconditions for a peace process—preconditions effectively boiling down to a demand for pre-emptive surrender by the party whose defeat the great power has already identified as its major goal—which render such a process impossible. Is it not reasonable to conclude that the great power in question is (how to put this gently) lying about its purported support for peace?
That, in a nutshell, is the Obama administration’s posture toward the ongoing conflict in Syria.
Earlier this week, United Nations Secretary General Ban Ki-moon began sending out invitations for the Geneva II conference on Syria scheduled for January 22. And, as Ban’s spokesperson acknowledged, the Islamic Republic of Iran was not among the “first round” of nations asked to take part.
According to the spokesperson, invitations to the talks are subject to the approval—or veto—of the two “initiating states,” Russia and the United States. The Islamic Republic has said repeatedly that it is prepared to attend and to contribute constructively to the search for a political settlement. Of course, Russia supports Iran’s participation in Geneva II—as does China, Germany, Turkey, every other state seriously interested in resolving the conflict in Syria, and the United Nations itself. (Ban’s spokesperson publicly stated this week, “The secretary-general is in favor of inviting Iran.”)
It is the United States—whose leader, President Obama has demanded for more than two years that Syrian President Bashar al-Assad relinquish his position—that is blocking Iranian participation in Geneva II. And it is attempting to justify this position by continuing to insist on Assad’s pre-emptive surrender as part of the Geneva II agenda. Moreover, Washington is couching its demand for Assad’s pre-emptive surrender in a shamelessly dishonest reading of the 2012 Geneva I communique, which is supposed to set the terms of reference for Geneva II.
On this last point, Secretary of State John Kerry earlier this week (before Ban started sending out invitations) reiterated the Obama administration’s opposition to Iran’s participation in Geneva II as a “ministerial partner.” In the administration’s view, Iran can’t come to the meeting because it has not signed on to the Geneva I document—in particular, the passage positing that a “transitional governing body” for Syria “shall be formed on the basis of mutual consent” among “the present government and the opposition and other groups.”
Since Iran (at Washington’s insistence) was not invited to Geneva I, it is not clear exactly how or why Tehran should sign up to a communique it had no part in producing. But the most shamelessly dishonest aspect of the Obama administration’s posturing on the matter is its insistence that Iran accept the administration’s warped reading of the passage from Geneva I just cited, which Team Obama (including Kerry) interprets as a requirement that Assad leave office and play no future political role—whether as part of a transitional government or as Syria’s first president elected after a settlement is negotiated.
We suspect that Assad would, in all likelihood, win another national mandate—even in the “free and fair multi-party elections” envisioned in Geneva I. But Washington doesn’t want Syrians to have the chance to make that choice. And so Washington continues to block Iranian participation in Geneva II—save perhaps, as Kerry pompously suggested earlier this week, “from the sidelines” (a proposition that Iran has roundly rejected).
What is so appallingly arrogant about the Obama administration’s position is that it was explicitly rejected at Geneva I. Then-UN envoy Kofi Annan’s draft communique originally contained U.S.-backed language barring figures from the conflict resolution process whose participation would block creation of a national unity government—language that the United States, Britain, and France crafted to exclude Assad. Russia and China insisted that this language be removed from the final communique. But the Obama administration has disingenuously continued asserting that the language in Geneva I bans Assad from any future political role—even though it is as clear as day that Geneva I, as actually adopted, does not do any such thing.
Kerry and Russian Foreign Minister Sergei Lavrov are supposed to discuss the question of Iranian participation in Geneva II on January 13. Let’s see if the Obama administration can actually decide that it wants to resolve the conflict in Syria, rather than prolonging it further.

Harsh Prosecution for the Little People and the Big Guys Skate
By Dave Lindorff | This Can’t Be Happening! | January 9, 2014
The US Department of “Justice” has a distinctly nuanced concept of that term, taking a tough, no-holds-barred stance when it comes to individuals — especially little people without much power or influence — and trying at all costs to avoid prosecution when it comes to the powerful, and to big corporations — especially big financial corporations. That schizoid approach to prosecution is personified in the recent actions–and inaction–of the DOJ’s man in Manhattan, US Attorney for the Southern District of New York Preet Bharara.
You remember Preet. He’s the guy who came down so hard on a deputy consul general of the Indian Consulate in New York who was accused by his office of “human trafficking.” Specifically, 39-year-old Devyani Khobragade stands accused of lying to US visa officials in New Delhi when she applied for a visa to bring an Indian maid to the US to work in her home, allegedly claiming to them that she would be paying the woman some $4500 a month, when the maid, who left the job, claimed she was paid just $573 monthly. The US prosecutor (himself a naturalized citizen and native of India who grew up in the US) had Khobragade arrested as she dropped her two children off at school, brought her to the federal lock-up in Manhattan, where she claims she was strip searched and cavity searched several times, and finally released her on $250,000 bond, to face felony charges that could potentially result in 10 years’ jail time. (Khobragade has denied the charges and claims that the maid in question was extorting her family.)
Explaining his tough approach to the case, Bharara has stated that Khobragade’s treatment under arrest was not harsh, and that she was simply subjected to “routine procedures of the US Marshal’s Service” for persons being placed in detention following arrest. In fact, he claimed she had been extended “special courtesies” such as being allowed to make multiple phone calls to assure that her children would be cared for in her absence, and being offered coffee by her arresting officers. Bharara also defended his department’s tough approach in this case saying that human trafficking is a serious crime and that “Foreign nationals brought to the United States to serve as domestic workers are entitled to the same protections against exploitation as those afforded to United States citizens.” He went on to declare that the alleged lying to visa officials and the alleged “exploitation of an individual” were something that “will not be tolerated.”
Some might immediately point out that exploitation of low-paid American workers is rampant — including in Bharara’s jurisdiction of New York–and that the Justice Department largely ignores it. (US workers routinely are defrauded out of overtime, get paid below minimum wage, are denied unemployment benefits they are owed, are forced to work in dangerous conditions, and are abused on the job and the “Justice” Department does nothing.) But even putting that huge hypocrisy aside, there’s the matter of Jamie Dimon and JPMorgan Chase.
This past week, Preet Bharara also announced that his office had reached an agreement with the nation’s largest “too-big-to-fail” bank on a fine and penalties of $2.5 billion for violating the Bank Secrecy Act. Specifically, JPMorganChase was accused of turning a blind eye to the record-breaking pyramid scheme of Wall Street scammer extraordinaire Bernie Madoff, who bilked clients out of a staggering $65 billion over two decades, largely working through one account he had at JPMorganChase.
Now, you’d think that for a crime that large and egregious, someone — and ideally it would be bank head Jamie Dimon — ought to have been frog-marched in cuffs out of JPMorganChase headquarters, and then brought down to the same lock-up Bharara had Khobragade taken to, there to be similarly given the “routine” treatment of strip searches and cavity searches that she got. (After all, Dimon became the bank’s president and chief operating officer back in July 2004, later becoming chairman and CEO too, and over that period the bank concedes there had been plenty of internal warnings about Madoff, who was essentially using the bank to execute his massive fraud.)
Nope. Didn’t happen.
In fact, while the the US Attorney’s Office claims Bharara and his prosecution team technically “filed” criminal charges against the bank (though not against any bank officials), when they met in a “congenial” setting with Dimon and his attorneys, it was agreed that there would be no criminal prosecution at all. Instead, the bank agrees to a fine of $1.7 million plus a payment of $350 million to the Comptroller of the Currency as well as some $500 million in compensation to victims, and said it would accept a “deferred prosecution agreement,” giving the bank two years to “overhaul its controls against money laundering.” After that time, all is to be forgotten, and the charges will be dropped. Under this sweetheart agreement, the bank did not have to plead guilty to anything as part of this deal, but was allowed instead to “stipulate to the facts of the case.” This is even though JPMorganChase admitted that its own office in the UK, in 2008, sent a detailed warning explaining to senior managers that Madoff’s whole operation appeared to be a scam. (Wouldn’t you get a deal like that after an arrest for pot possession or for DWI!)
Bharara insisted, at a press conference announcing the settlement and the agreement to drop any criminal prosecution against the bank, that it was a good deal. He went to great lengths to insist that the bank’s failure was “institutional,” implying that it would not be appropriate to prosecute individuals. He refused to comment on the suitability of Dimon to continue running the bank, though his office could easily have insisted on Dimon’s departure as part of any non-prosecution settlement. He also several times repeated that there were “concerns” about possible “collateral consequences” of a criminal prosecution. At one point, when questioned by a reporter, he explained that those “consequences” might include “employees being laid off, the bank failing, or shareholders losing money.” Of course, JPMorganChase failing would merely mean that the institution would be broken up, with the pieces being taken over by other institutions under supervision of the Office of Comptroller. Lost jobs? What about all the jobs lost because of Madoff’s scams? And as for shareholders, aren’t they the owners of the bank, who are supposed to be insisting that it is well run and acting in accordance with the law, not to mention looking out for fraud? If they weren’t doing that, then they deserve to lose money!
What’s really going on, though Bharara struggled mightily to avoid having to admit it, is that if you’re big enough and powerful enough, you don’t get criminally prosecuted by the DOJ.
Remember that phrase “Equal justice under the law”? It’s engraved on the front facade of the US Supreme Court an is supposed to be a fundamental American principle. Apparently it’s just a slogan though. If you’re the nation’s largest bank, or the boss of that bank, it doesn’t apply to you. Just ask US Attorney for the Southern District of New York Preet Bharara.
Maybe we should just change the name of Bharara’s parent agency to US Department of Injustice. At least that would be honest.
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Average Wait Time For A Response At Administration’s ‘We The People’ Petition Site At 298 Days
By Tim Cushing | Techdirt | January 9, 2014
The We the People site set up by the Obama administration gave American citizens a more direct way to petition their government. The ideal propelling it was noble, but it has failed spectacularly in execution. As we’ve noted before, various petitions have gone unanswered for months after hitting the signature threshold.
The threshold itself has been raised a handful of times as well (from 5,000 to 25,000 to 100,000 as the site increased in popularity), ostensibly to weed out petitions that weren’t truly representative of the population. This should have made the administration’s job easier. A higher threshold means fewer petitions requiring an answer, and those that surpass the threshold should (although it’s not always the case) be of higher quality.
Counterintuitively, as the threshold has increased, so has the response time.
Of the 30 unanswered petitions currently posted to We the People, 11 were posted after the threshold was raised to 100,000 signatures and 19 were posted before the threshold was raised to that level.
Unanswered petitions posted after the threshold hike have been waiting 103 days for a response on average.
Unanswered petitions posted before and after the threshold hike have been waiting 298 days, on average, for a response.
What the site was supposed to be (responsive) and what it’s turned out to be (a mostly empty gesture) tracks with the administration’s continual failure to uphold its own stated ideals. The “most transparent administration in history” has advanced and expanded Bush-era policies that added layers of opacity to the government’s inner workings in order to further subvert the notion that a government should be accountable to its constituents. The administration has also prosecuted more whistleblowers than all other administrations combined, further widening the gap between those who govern and those that are governed.
It appears that any petition not deemed a “softball” or that can’t be handled by a canned policy statement is backburnered. One of the first petitions to gather enough signatures (requiring labeling of genetically modified foods) has been waiting since September 2011 for an answer. More recent petitions appear to headed down that same road.
The unanswered petitions include one asking the president to fire the U.S. Attorney who led the prosecution of Internet activist Aaron Swartz and one to pardon the National Security Agency documents leaker Edward Snowden.
The Swartz petition will hit a year of being ignored within a month. The Snowden petition is headed into its seventh month without an answer.
It’s not as though it’s impossible for the administration to answer these in a timely fashion. While the answers given to each of these petitions would probably be unpopular, the point of the site is not for the administration to “look good” but rather to increase its direct communication with the public. The administration also needs to keep in mind that canned policy statements that ignore or only very indirectly address the petitions’ subject matter is not “communication.”
When petitioners are waiting nearly a year to have their issues addressed, the “offer” of a direct line to the government is effectively empty.
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ObamaCare in California
By JEFF SHER | CounterPunch | January 9, 2014
The morning of January 6th I received maybe my fourth warning email, all in the last week or so, from Covered California, the state agency that administers the exchange where individuals can now buy health plans under the Affordable Care Act, otherwise known as Obamacare.
First they congratulated me for signing up for a new health insurance plan through Covered California. Then the punch line: “In order for your health care coverage to take effect, you need to pay your premium.”
This is a bit disconcerting, because at the same time that Covered California is filling up my inbox with warnings to PAY MY BILL, the insurance company I am supposed to pay hasn’t sent me a bill yet, and they won’t answer my phone calls due to unusually heavy call volume associated “to” the Affordable Care Act.
Meanwhile, my old insurance company, which cancelled my previous insurance plan effective January 1 precisely because Obamacare was scheduled to take effect on that date, is sending me bills for a much more expensive plan to replace the one they cancelled, only I never applied to them for a replacement plan.
Maybe I’m taking these pay-up warnings the wrong way, but the message seems to be that I’m the fly in the ointment, the monkey wrench in the finely oiled machine, the reprobate who is refusing to hold up his end of the deal and pay the nice insurance company for the excellent service they are providing to me.
I get it. It’s on me. If I get hit by a bus next week and don’t have health insurance, it’s going to be my fault, and the new insurance company I selected through the exchange, Anthem (the conglomerate that swallowed what used to be Blue Cross of California), will have valid reason not to pay my claims.
I understand. I’ve heard about “consumer driven health care,” a core principle of Obamacare. You know, it’s the idea that the reason health care costs are so high is because for too long health care consumers have had too big a share of their costs paid by their employers. Low co-pays and deductibles have led consumers to over-consume. If they have to spend more of their own money, they will make better health care decisions. Like they do when they shop for shoes, or flat screen TV’s. It’s just good solid free market logic.
Consumers are responsible for high-health care costs, not insurance companies, doctors, hospitals and pharmaceutical companies. That’s why Obamacare in a few years will impose harsh penalties for any insurance plans (provided by corporations or unions, for instance) that are too good, so called “cadillac health care plans”. You know, that’s the kind of plan that has low deductibles and co-pays, under which you can actually afford to go see your doctor and consult with him about how you should manage your health. How old school is that, what with all the info available on the internet, Web MD and all that. You can make your own health care decisions now.
So I’m pretty clear by now that if something goes wrong it’s going to be my fault and not the fault of my insurance company. So I’m getting a little nervous, despite the fact that I’ve been a health insurance consultant for over 20 years, and I’m supposed to know how to work this system.
You see, I’d like to pay Anthem for my first month’s (January) coverage. It’s not a lot of money, seeing as how it’s subsidized by the federal government in order to enable more people to afford the prohibitively expensive products on offer from the four-headed insurance/doctor/hospital/pharmaceutical Cerebrus that guards the gates to the Hades that our health insurance system has become. By the way, Cerebrus’s job was not to keep people out of Hades. It was to prevent those who had entered from escaping.
Problem is, I can’t pay my bill because Anthem hasn’t sent me a bill. January 6th was the original deadline for paying January bills for the exchange plans. Well, that deadline has been extended now by Anthem to January 15. Will Anthem send me a bill before then? Do I have health insurance now?
Covered California instructed me that if I hadn’t received a bill yet, I should contact the insurance company I selected. They provided a link to a special page that explained what my options were for contacting and paying each company.
For Anthem I can either pay by telephone – and they gave me a phone number to call – or I can pay by mail. How do you pay by mail? You put a check in an envelope and send it to a P.O. Box in Oxnard, CA. O, and make sure you attach the application number assigned to you by the exchange to your check, along with the primary subscriber’s name. That way Anthem will be sure to know exactly who you are and everything will be just fine. No forms, no plan name, no other identifiers. Just a check in an envelope.
Not being real confident with that approach, I called the Anthem phone number. I worked my way through the phone tree, until the moment I identified myself as an applicant, following which I was immediately informed that Anthem would not be able to take my call at this time because they were experiencing unusually high call volume associated “to” the Affordable Care Act. They told me to call back later.
Perhaps you are thinking I got myself into this fix because I was late in filing my application for Obamacare coverage. On the contrary, I signed up for Obamacare and selected my insurance plan and company way back in October.
That was after my friends at Blue Shield of California (not the same organization as Blue Cross in the State of California) informed me in September that the insurance plan I had at the time was going to be cancelled effective January 1, 2014. Of course they offered me alternatives, I could go to the exchange or I could sign up for a Blue Shield plan outside the exchange comparable to the one I already had – with one slight change. The premium for the new, almost the same, plan, would increase from $436 to a cool $709.87 per month.
Same plan more or less. Same person. Same health status. Same age, 63. The only difference: a new player had entered the market. So Blue Shield decided the appropriate price for my plan had increased by 62.8%. Who am I to ask questions? I couldn’t possibly understand. Just the mysterious ways of the free market as divined by the oracles in the Blue Shield underwriting department.
So I went to the exchange and ordered up my comparable and much less expensive plan and just sat back to enjoy the warm glow of knowing that I would have coverage come January 1, 2014.
Along about December I started to hear rumors that maybe the insurance companies were not going to be able to get the bills out on time to enable people to comply with the January 6 deadline for payment.
So I called Covered California again on December 17, and after waiting on hold for about 96 minutes, I spoke with an agent who assured me that yes, the exchange had sent my information to Anthem and I could be expecting a bill. Not to worry, I would be covered Jan. 1 as far as the exchange was concerned. But of course I would still have to pay my bill.
Yes, the agent said, he had heard about the billing problems. He explained that the insurance companies were dealing with a huge number of applications from the exchange. He wasn’t exactly sure when my application had been sent over to Anthem, because the exchange had held up a lot of the early applications until late November because they weren’t sure the insurance companies were ready to accept them before that.
I insisted that the agent provide documentation that our call had taken place and that he had assured me that I would have coverage and that all my information had been sent to Anthem sometime before Dec. 17. He gave me an incident number which he said would be added to my record with all the details of our call.
I thanked him and told him that with his help, if I got hit by a bus sometime after January 1 but before Anthem billed me and I could pay, I was confident I would be able to win the lawsuit that would ensue when Anthem tried to claim I did not have valid coverage at the time of my accident. Not that they would mind you. Insurance companies in this country are notoriously liberal in their efforts to go that extra mile to take into account all extenuating circumstances when paying claims. They really are not known for trying to evade responsibility on the basis of technicalities. I mean, except for that recisions thing a few years back.
For now, I’m trying to stay off the streets and out of harm’s way. I’ll hold out for a couple more days, hoping a bill arrives from Anthem, and then I’ll follow instructions and put a check in an envelope and hope it gets to the right place. Maybe I should send it registered mail.
Maybe I’m not confident because Anthem has had years to prepare for the coming of Obamacare but couldn’t quite get a handle on this highly complicated billing thing. You know, where one agency collects information and confirms applications and eligibility then sends that information to you, and you enter it into your database and generate a bill and send it out. This insurance stuff is really complicated.
Remember, Anthem and the other insurance companies are from the private sector, which is constantly harping at us about how government can’t do anything right and the private sector always does it better.
I find it hard to believe Anthem (and the other companies) didn’t expect an unusually large number of applications, or unusually high call volume for that matter. Remember, Obamacare mandates that millions of people who didn’t have health insurance before have to buy it now.
Perhaps a more reasonable explanation for this administrative mess is that the insurance companies weren’t really all that invested in delivering a successful launch to Obamacare. Which is surprising, since Obamacare is going to deliver them more customers and greater profits than ever before.
Or maybe the explanation runs a little deeper than that: it’s probably been 20 years since health insurance have really focused any energy on delivering good service to their customers. Why should they? There’s very little competition in the industry. The few companies that remain are going to get their share of customers, no matter how poorly they perform. And after all, they are for-profit companies and their primary responsibility is to deliver profits for their shareholders. It’s not really their business to guarantee that people get high quality health care or a system that functions smoothly.
Please don’t think I just have it in for Anthem. That’s just the carrier I chose for my coverage, so it’s the carrier whose system I have had to try to navigate.
My old friends from Blue Shield aren’t much different. They cancelled my old plan effective January 1. But they kept offering me their new, more expensive substitute plan, and even though I never responded to any of their offers, not long before January 1 they sent me a letter thanking me for my application and telling me how much I owed them for my new, more expensive plan.
In other words, they put the burden on me (the reprobate) to call them (only a 30-something minute wait on hold) to cancel a plan I never asked for in the first place.
I don’t see how that’s much different from Anthem putting the onus on me to pay a bill that they haven’t yet bothered to send me.
JEFF SHER can be reached at:jeffsher@sbcglobal.net

Obama, the Great Dis-Equalizer
By Glen Ford | BAR | January 8, 2014
President Obama, the Grand Facilitator of the greatest consolidation of financial wealth in human history, began his sixth year in office declaring that income inequality is “the defining challenge of our time.” The Grand Bargainer who saved George Bush’s bank bailout and presided over the (ongoing) infusion of tens of trillions of dollars into Wall Street accounts, and who bragged less than two years ago that, “Since I’ve been president, federal spending has actually risen at the lowest pace in nearly 60 years,” now calls for government action to reverse the momentum of his own policies. The Great Pretender, who in 2008 called for an increase in the federal minimum wage to $9.50 an hour by 2011, and then did absolutely nothing to effectuate it when Democrats controlled both chambers of Congress, now proposes to raise the bar to $10 an hour in order to embarrass Republicans in an election year. The Daring Debt Buster who, on his own initiative, has frozen federal workers’ wages since 2010, and worked hand in glove with Republicans to gut social programs in the name of fiscal restraint, laments “growing inequality and lack of upward mobility” among the masses.
The chief executive who lifted not a finger to pass “card check,” the Employee Free Choice Act of 2009, that might have given organized labor a fighting chance to survive, now pretends to be a born again champion of collective bargaining and yearns for the days when “you knew that a blue-collar job would let you buy a home, and a car, maybe a vacation once in a while, health care, a reliable pension.”
Meanwhile, Obama’s Justice Department sided with the Republican-appointed Emergency Financial Manager of Detroit, who was seeking to impose bankruptcy on the mostly Black city and raid retiree’s pensions – revealing the administration’s true colors.
The nation’s First Black President admits that “African Americans, Latinos, Native Americans are far more likely to suffer from a lack of opportunity – higher unemployment, higher poverty rates,” and claims he’ll push for “targeted initiatives” to combat this “legacy of discrimination” (although all the proposed targeting is in the form of tax incentives for business). Yet, nearly five years ago, in a press conference marking his first hundred days in office, Obama categorically rejected targeted aid for Black communities, thus ensuring that the cascading effects of the Great Meltdown would plunge African Americans deeper into the abyss. Obama said:
“So my general approach is that if the economy is strong, that it will lift all boats as long as it is also supported by, for example, strategies around college affordability and job training, tax cuts for working families as opposed to the wealthiest that level the playing field and ensure bottom-up economic growth.
“And I’m confident that that will help the African-American community live out the American dream at the same time that it’s helping communities all across the country.”
By 2009, according to economist Pamela Brown, white household wealth was 19 times that of Black households, “and is probably even greater now” – compared to a ratio of 12 to 1 in 1984 and down to 7 to 1 in 1995. The collapse of Black economic fortunes has been catastrophic, yet Obama offers only tax cuts for corporations, streamlined business regulations, undoing of sequestration, more rhetoric about ending off-shoring of jobs, and stronger application of antidiscrimination laws.
The president wants us to forget that he was the one who proposed sequestration in the first place, in an effort to force a Grand Bargain with Republicans; that his economic advisors are secretly meeting with hundreds of corporate lobbyists to shape a jobs-destroying Trans Pacific Partnership that is “like NAFTA on steroids,” and then fast-track it through Congress; and that Obama has nominated two Republican prospective judges from Georgia to federal courts, one of whom fought to keep the Confederate banner in the state flag, while the other was the lead lawyer in defense of Georgia’s Voter ID law. The Obama administration has many priorities, but nondiscrimination is not one of them.
Whatever Obama means when he says “targeted assistance,” it seldom translates as actual money for non-corporate persons. Back in April of 2012, his administration was cited for failing to spend almost all of $7.6 billion that Congress set aside to help communities and homeowners hardest hit by the housing crisis – a cohort that is disproportionately Black and brown. Obama’s Treasury Department offered no explanation other than they had not put together a proper spending plan. However, it is obvious that Obama’s people wanted to avoid doing anything that might interfere with the banks’ foreclosure processes, so as not to disturb Wall Street’s manifold schemes to further rig the market.
The growing crisis of income and wealth inequality is a result of the internal logic of capitalism under the hegemony of Wall Street. Obama’s fix for the vast social carnage the banksters leave in their wake, is to forge a State that is even more dutiful in propping up “the markets” and stripping down the public sector. There is no room in that presidential mission for even modest amelioration of the public’s pain. The president’s rhetoric is nothing more than noise, totally disconnected from actual policy. The Lords of Capital – for whom Obama is a servant – have nothing to offer but more austerity and war.
They must be disempowered, root and branch, and society “reformed” in their absence.










