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Gary Edwards

Michael Boskin: The Anatomy of Government Failure - WSJ.com - 0 views

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    Good summary of a very important issue in this election - the role of the government in a "capitalist" free market economy (cough cough).  If you have trouble loading this locked WSJ article, the solution is simple.  Paste "Michael Boskin: The Anatomy of Government Failure" into a google search.  The article with link will show up as "online.wsj.com/...../  Just click the headline and read.  The google paste gives you a free pass to WSJ articles.  ........ Great cartoon image with this post :)  http://goo.gl/7QQZh excerpts: In a market economy, price signals automatically steer society's scarce resources to the uses people value most, and at minimum cost. This is Adam Smith's famous Invisible Hand. But sometimes markets aren't competitive, or they generate effects such as congestion or pollution that are not accounted for in the price system. These "market failures" potentially justify government intervention......... "More generally, the costs of government regulation may be higher than the benefits-the cure may be worse than the disease. Before undertaking a new government intervention or adopting a new rule, instituting a new program or expanding an old one, the problem of "government failure" has to be considered. Government failures include the cronyism and pork that arise from spending and subsidy programs. Helping people experiencing hard times to get back on their feet is proper, but if overdone it may induce dependency. Laws are administered by agencies, from the EPA to banking regulators, with their own bureaucratic incentives-and they are prone to capture by the very interests they are supposed to regulate. Government failures are as pervasive as market failures due to monopoly or externalities, such as pollution, that arise because of ill-defined property rights. The potential for such failures grows as government grows. More government spending or regulation doesn't necessarily lead to better outcomes. If that were true, Washingto
Gary Edwards

Restoring a Spirit of Liberty Will Solve America's Political Problems - 0 views

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    excerpt: "Personal Freedom or Political Paternalism? The real issue facing the United States concerns the soul of the American people. It is really about the kind of America that we will have in the 21st century. For decades the country has been moving away from it historical roots in a political philosophy of personal freedom and drifting further and further in the direction of political paternalism. The noose of government control has been tightening around the collective neck of the nation. More and more aspects of our lives have come under the supervision and manipulation of the government. The government educates our children; it provides us with retirement checks; it increasingly manages our health care and medical matters; it redistributes wealth from those deemed to have too much to those considered not to have enough; it regulates the food we eat, the places where we work and the way we produce, as well as signing off on the goods and services we buy. Government tries to ban what it decides is harmful for us to do or use, it oversees how and with whom we interact, and for what purposes, and it increasingly surveills every move we make and every phone call we take. Size of Government and Dependency In 1913, one hundred years ago, just before the beginning of the First World War, all levels of government - federal, state and local - taxed away and spent only about 8 percent of national income, leaving the remaining 92 percent in the pockets of the American people to spend as they considered best. Today, all levels of government siphon off and spend over 35 percent of national income. But what is important is not merely these numbers, however significant they are in understanding the drag of government on the productive private sector. More important is what they indicate about a psychology of dependency among the American people on the activities of the government. This is not simply those who may receive welfare checks, or who are directly emp
Paul Merrell

Loopholes, Filing Failures, and Lax Enforcement: How the Foreign Agents Registration Act Falls Short - 0 views

  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Executive Summary The Foreign Agents Registration Act (FARA) requires that all American citizens working to influence U.S. policy on behalf of foreign governments register with the Department of Justice and to disclose information on any and all political activity in which they engaged for foreign clients. This includes filing, within 48 hours, any informational materials disseminated to two or more people.
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  • Table of Contents Executive SummaryIntroductionBackgroundWhat the Foreign Influence Database ShowsEgypt: A Case Study Of Foreign InfluenceSame-Day ContributionsSystemic Foreign InfluenceQuid Pro Quo or Coincidence?Foreign Money and the LawLax Compliance with and Enforcement of FARAEnforcementConclusionRecommendationsEndnotes
  • The law requires lobbyists for foreign interests to plainly and conspicuously identify themselves as such in any materials distributed in the course of their lobbying—for example, emails, other correspondence, or publications. We found that many documents filed with the Justice Department lack this identification statement; furthermore, many lobbyists admitted that they did not comply with this requirement. More than half (51 percent) of the registrants we examined in a sample from 2010 checked a box on a the semi-annual Justice Department questionnaire saying they had filed informational materials, and checked another box saying they had not met the legal requirement that they identify themselves in those materials as working on behalf of foreign interests. Toby Moffett, a former Member of Congress from Connecticut who is now Chairman of the Moffett Group and one of its registered lobbyists, told POGO that “Around the edges there’s a lot of loosey-goosey stuff going on. People representing foreign interests and not reporting.”[4] But even when lobbyists do report to the Justice Department, the information they provide is not easily accessible to the public. Astonishingly, informational materials are not available online, despite the fact that the Justice Department has an electronic filing system. Instead, these documents are kept in an office at the Justice Department that is only open for four hours each weekday. Hard copies of the documents are kept in folders that are often disorganized and susceptible to misfiling. This archaic system undermines the intended transparency of the law.
  • The Project On Government Oversight examined thousands of these materials spanning four years, as well as additional public records related to the Justice Department’s oversight of lobbyists for foreign interests. We found that lobbyists for foreign interests have routinely failed to comply with the law—a failure that prevents journalists and watchdogs from scrutinizing the lobbying activities while foreign interests are trying to influence U.S. policy. We found a pattern of lax enforcement of FARA requirements by the Justice Department. We found that the Justice Department office responsible for administering the law is a record-keeping mess. And we found loopholes in the law that often makes it difficult if not impossible for the government to police compliance or to discipline lobbyists who fail to comply. Here are some highlights of our investigation:
  • Though federal law bars foreign money from U.S. political campaigns, there appears to be a gray area in the law that can let in such money indirectly. POGO found many instances in which members of lobbying firms made political contributions to Members of Congress on the same day that those firms were lobbying the Members of Congress or their legislative staffs on behalf of foreign clients.[1] Lobbyists who fail to comply with certain FARA requirements may have little to fear from the Justice Department. “The cornerstone of the Registration Unit’s enforcement efforts is encouraging voluntary compliance,” a Justice Department website says.[2] When lobbyists do not voluntarily comply, the Justice Department rarely uses one of the key tools at its disposal to enforce the law—seeking a court injunction. A representative of the Department’s FARA unit told POGO: “While the FARA statute and regulations authorize the pursuit of formal legal proceedings, such as injunctive remedy options, the FARA Unit [has] not pursued injunctive remedy options recently and has instead utilized other mechanisms to achieve compliance.”[3] It appears that some registered foreign agents have been distributing materials but not filing them with the Justice Department. It’s unclear the extent to which that illustrates a lack of compliance with the law or loopholes in the law. In the process of researching this report, POGO noticed that many more lobbyists were registering as foreign agents than had filed informational materials that we could locate at the FARA office. To determine what was happening, we looked at a sampling of questionnaires that the Justice Department requires registered agents to complete every six months. Some checked one box indicating they had distributed materials and another box stating they did not file them with the FARA office.
  • We set out to determine the extent to which lobbyists for foreign interests were filing lobbying materials at the Justice Department within the required time frame. Based on a review of filings made in 2012, in those instances where it was possible to answer the question, POGO estimates that almost half—46 percent—were filed late. Fifteen percent were filed more than 30 business days after they were distributed, and 12 percent were filed more than 100 business days after they were distributed. In many instances, the Justice Department would be hard pressed to enforce the filing deadline. Based on the records the Department maintains to enforce the law, we found that in more than a quarter (26 percent) of the 2012 filings, it was impossible to determine whether the lobbyists complied. For example, in many cases, the records did not show when the lobbyists disseminated the materials to the targets of their lobbying. In a glaring omission, the law does not require lobbyists to provide that information. Without it, there may be no way for the government or the public to know whether lobbying materials were filed on time.
  • When lobbyists for foreign interests do not follow the law, when the U.S. government fails to enforce it, and when the Justice Department makes it difficult for the American people to access records to which they are legally entitled, the public is left in the dark. To bring more transparency to this opaque realm, POGO has made four years of informational materials available for the first time online with our Foreign Influence Database, allowing the public to see how lobbyists attempt to influence American policies on behalf of their foreign clients.
  • With the release of the Foreign Influence Database, the Project On Government Oversight (POGO) is making years of documents from this key set of FARA filings electronically available for the first time. The materials were previously only available in hard copy at the FARA Registration Unit in Washington, DC, which is only open to the public from 11am to 3pm on weekdays.[12] In this digital age it is surprising that these materials could not be read online and are instead stored in file folders, where they are disorganized and susceptible to misfiling. Even those that were electronically filed by the registrants are not available to the public in an electronic format. POGO’s database includes informational materials filed in 2009, 2010, 2011, and 2012.[13]
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    POGO does thorough work and doesn't let up until it gets results. Forcing DoJ to puts its foreign agents registration materials online should be a fairly trivial battle. The real war, though, will be forcing better enforcement. The new database is at http://www.pogo.org/tools-and-data/foreign-influence-database/ I punched up the word "Israel" and came up with 113 documents in the search results. Each search hit lists the name of the nation involved that the lobbying was done for. Of those 113 document hits, only two were for the nation of Israel, both for its Ministry of Tourism. The rest were by other nations who had mentioned Israel in their lobbying materials.  Now that is fairly incredible, given that Israel outright controls Congress when it comes to Middle East policy.  The last administration to attempt to do something about Israeli lobbyists not registering was the the Kennedy Administration. The result was that the major Israeli lobbying group disbanded and was promptly reformed under a new corporate charter and name. That was the very last attempt at enforcing the Foreign Agents Registration Act against Israel's lobbyists in the U.S., despite the fact that the reformed group, AIPAC, has even been caught more than once being passed highly classified U.S. documents by double agents working inside the U.S. military establishment. The leakers went to prison but the AIPACers were never prosecuted. AIPAC rules.  
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

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    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Gary Edwards

Jim Kunstler's 2014 Forecast - Burning Down The House | Zero Hedge - 0 views

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    Incredible must read analysis. Take away: the world is going to go "medevil". It's the only way out of this mess. Since the zero hedge layout is so bad, i'm going to post as much of the article as Diigo will allow: Jim Kunstler's 2014 Forecast - Burning Down The House Submitted by Tyler Durden on 01/06/2014 19:36 -0500 Submitted by James H. Kunstler of Kunstler.com , Many of us in the Long Emergency crowd and like-minded brother-and-sisterhoods remain perplexed by the amazing stasis in our national life, despite the gathering tsunami of forces arrayed to rock our economy, our culture, and our politics. Nothing has yielded to these forces already in motion, so far. Nothing changes, nothing gives, yet. It's like being buried alive in Jell-O. It's embarrassing to appear so out-of-tune with the consensus, but we persevere like good soldiers in a just war. Paper and digital markets levitate, central banks pull out all the stops of their magical reality-tweaking machine to manipulate everything, accounting fraud pervades public and private enterprise, everything is mis-priced, all official statistics are lies of one kind or another, the regulating authorities sit on their hands, lost in raptures of online pornography (or dreams of future employment at Goldman Sachs), the news media sprinkles wishful-thinking propaganda about a mythical "recovery" and the "shale gas miracle" on a credulous public desperate to believe, the routine swindles of medicine get more cruel and blatant each month, a tiny cohort of financial vampire squids suck in all the nominal wealth of society, and everybody else is left whirling down the drain of posterity in a vortex of diminishing returns and scuttled expectations. Life in the USA is like living in a broken-down, cob-jobbed, vermin-infested house that needs to be gutted, disinfected, and rebuilt - with the hope that it might come out of the restoration process retaining the better qualities of our heritage.
Gary Edwards

The Daily Bell - Richard Ebeling on Libertarianism, Anarchism and the Truth of Austrian Economics - 0 views

  • These are at least two conceivable methods of compelling the government to stop, or limit, its abuse of the monetary printing press.
    • Gary Edwards
       
      Ebeling proposes two methods of reining in out of control government printing of paper money.  There is a third method; one used by Lincoln and Kennedy.  This is the issuance of gold/silver/oil backed reserve notes.  The notes represent gold or silver being held on deposit, and are fully redeemable.   The value of the gold/silver or another commodity represented floats in the marketplace against goods and services.  Nor is there a fixed exchange rate for converting fiat (paper) dollars.  The market will figure those things out if left free to do so.  And that's one big big "if".
  • So the normal market pressures of downward price and wage adjustments in the recession are partly counter-acted by a new monetary expansion that is delaying the necessary re-coordination of market activities. Thus, given these two pressures, prices do not fall as much as a post-recession adjustment may require and they do not rise as much or as fast as might otherwise occur due to the renewed monetary expansion.
  • At the same time, as you correctly ask, the Federal Reserve has been paying banks a relatively low rate of interest to keep large excessive reserves in their accounts at the Federal Reserve, rather than to fully lend those excessive reserves to private borrowers. And given the low market rates of interest that Federal Reserve policy has generated, even the low rate of interest on unlent excess reserves offered to banks by the Federal Reserve appears the relatively more profitable way to use their available funds.
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  • Why has the Federal Reserve done this? They infused these two trillion dollars into the financial markets back in 2008-2010 because they feared that an economy-wide bank collapse was possible. They are afraid to reverse this monetary expansion because to do so would reduce potential bank-lending capacity and put upward pressure on interest rates at a time when the Federal Reserve wants to prevent the sluggish recovery from slowing down even more and also raise the cost of the US government's financing of its trillion dollar a year deficits. So, instead, they leave this excess bank lending power sloshing around in the system, while keeping it off the market and from causing significant new price inflationary pressures, by paying banks not to lend those vast sums.
  • Austrians argue that economics is fundamentally a science and study of "human action." It attempts to trace out the logic and implications of man's intentional conduct in selecting among ends desired and applying perceived means to try to attain them. Austrians emphasize that all human action and the social and market interactions among men occur in a setting of imperfect knowledge, inescapable degrees of uncertainty and always through the passage of time.
  • They try to explain the market processes by which men discover mutual gains from trade.
  • They emphasize that the networks of social institutions in which and through which men discover ways to coordinate their interdependent actions in complex systems of division of labor are not the creations of government edict or command; but are most often among those unintended consequences of multitudes of self-interested individual actions and interactions.
  • They have developed theories of market competition and the role of the entrepreneur as the individuals always alert to market opportunities, and whose actions tend to bring about coordination between market supplies and demands.
  • The Austrian analysis of markets, competition and prices, led them to devastating critiques of the unworkability of all forms of socialist central planning, the inherent contradictions and inconsistencies in virtually all forms of government intervention and regulation, and a theory of money and the business cycle that points the finger of responsibility for inflations and recessions at the doorstep of government monetary and fiscal policies.
  • The philosophy of liberty proclaims that each individual is unique and possessing inherent rights to his life, liberty and honestly acquired property.
  • It is not surprising that classical liberal and libertarian ideas are often attacked. After all they are the ideas that consistently oppose the current political systems of plunder, privilege and power lusting.
  • That government, if it is to exist, is to serve as the protector and guardian of our distinct individual rights, and not the master of men who are obligated to sacrifice themselves for some asserted "national interest," "general welfare," or "common good."
  • The only reasonable meaning to the "common good" or the "general welfare" is when each individual is free to peacefully live his life as he chooses and is at liberty to voluntarily associate and interact with his fellow men for mutually beneficial improvements to their lives.
  • It is virtually inevitable that those who use political power for their own gain at their neighbor's expense will vehemently resist and oppose any attempt to stop them from feeding at the government trough.
  • there is everywhere a class of plundering peoples – politicians, bureaucrats, special interest groups – receiving tax-based income redistributions and subsidies and benefiting from anti-competitive regulations and protections against and at the expense of their fellow human beings.
  • This is the great battle of the twenty-first century;
  • Austrian Economics, not surprisingly, has been attacked precisely because of its insightful and cogent analysis of how it was government intervention and central bank monetary manipulation that generated the unsustainable boom in the last decade that set the stage for the inescapable bust, which the world is still suffering from.
  • There are "natural rights" libertarians
  • "utilitarian" or "consequentialist" libertarians.
  • most convincing case for human liberty
  • Because libertarians have not agreed about this among themselves, nor have they been able to persuade enough others in society to move the world further away from the collectivist premises and the interventionist-welfare state policies that guide so much that goes on in the world.
  • I happen to have been most strongly influenced by the "natural rights" defense of liberty, and especially as formulated by Ayn Rand in her philosophy of Objectivism.
  • First, it is argued that if one believes that the use of any and all forms of coercion are morally unacceptable in human relationships, then this should also imply that any compulsory taxation, even when for the funding of defense and legal justice, is unjustifiable. And, second, it is argued that the private sector could provide such admittedly essential services far more efficiently and cost-effectively than the monopoly agency of government. Murray Rothbard and David Friedman probably have been among the most well-known and articulate proponents of the anarcho-capitalist position over the last 50 years.
  • Others like the Ayn Rand, Robert Nozick and Ludwig von Mises have made the case for constitutionally limited government. Their counter arguments have centered on the ideas that conflicts over jurisdiction, disputes among private defense agencies contracted by different individuals who have disagreements, and the likelihood that "defense" would turn out to be a "natural monopoly" anyway – that is, a tendency for one agency to end up being the single provider of defense and judicial services over a wide geographical area – raise questions about the long-run workability and sustainability of competing defense companies in society.
  • From a moral perspective, I am in sympathy with the anarcho-capitalist position, in that I find the compulsory taking of people's income and wealth without their consent for whatever reason to be ethically repugnant.
  • We should focus on what we all agree upon:
  • This means that the Supreme Court has said that you are the slave of "society" and the government that represents "the people," since, in principle, anything that you do or not do can be argued to have some affect, positive or negative, on others.
  • Think about this Court decision. It is saying that if you do not buy health insurance the government will tax you to pay for it. If you refuse to pay the tax, the government will end up attempting to seize financial assets or real property you own in lieu of failure to pay. If you try to prevent this taking of your property, you are subject to arrest and imprisonment. If you resist arrest or imprisonment, the police have the authority to force you to comply – up to and including lethal force to subdue you into obedience.
  • the freedom and dignity of the individual human being; and the attempt whenever and wherever on our part to reduce, repeal and abolish all forms of regulation, control, restriction, prohibition on the peaceful and honest affairs of our fellow men.
  • Once you accept this premise, there is no end to the minutest detail and content of your life and actions the government cannot claim jurisdiction over to regulate, control or prohibit.
  • Here is that end-of-the-road of the notion of unlimited democratic rule by "the people" and those who claim to speak for "the people" and rule on their behalf.
  • Ayn Rand, of course, rejected any connection or compatibility with libertarianism. She argued this on two grounds. First, she felt that too frequently libertarians spoke of individual freedom, free markets and limited government, but failed to explicitly and clearly ground their political-economic ideas in a demonstrable philosophy of man, nature and society.
  • Government control of money is the potentially most dangerous and damaging form of government power short of outright socialism.
  • Rand's political philosophy arises out of the "natural rights" tradition, that rights are inherent in the nature of man and precede government.
  • Mises believed that rights were, in a sense, "social conventions" that had evolved out of the discovery that certain social institutional arrangements were more conducive to the mutual betterment of all members of society for achieving their individual goals and values
  • What they did agree upon was that, given their respective conceptions of the basis of individual rights, there was no social and economic system more consistent with the protection of those rights and more likely to generate the material and cultural achievements that are potentially possible than laissez-faire capitalism.
  • And in the twentieth century, Rand and Mises were two of the most principled and uncompromising advocates for the completely free market society
  • Second, she rejected the anarchist elements in the libertarian movement, believing that any reasonable analysis of the reality of man and the human condition strongly suggested the inescapable need for a single legal standard for defining and enforcing individual rights and a single authority to as impartially and "objectively" as possible enforce laws defending each individual's rights to his life, liberty and honestly acquired property.
  • "Hardly ever do the advocates of free capitalism realize how utterly their ideal was frustrated at the moment the state assumed control of the monetary system . . .
  • A 'free' capitalism with government responsibility for money and credit has lost its innocence.
  • From that point on it is no longer a matter of principle but one of expediency how far one wishes or permits government interference to go.
  • Money control is the supreme and most comprehensive of all governmental controls short of expropriation."
  • Government basically has three ways to acquire the income and wealth of its citizens: taxation, borrowing and printing money
  • So, governments throughout history have turned to the monetary printing press to fund the expenditures not covered by taxes or borrowed money
  • This "non-neutral," or uneven, impact on prices and wages in the economy during the inflationary process brings in its wake distorted profit margins, misallocations of resources and labor and various mal-investments of capital. Here are the seeds for the artificial and unsustainable "booms" that invariably come crashing down in the "bust" once the monetary expansion that has set it all in motion is stopped or slowed down.
  • I believe that the choice and use of money should be left to the market, that is, to the free and voluntary interactive decisions of those buying and selling in the market.
  • I consider a private, competitive free banking system to be the only one consistent with a truly free market society.
Gary Edwards

A Government Failure, Not a Market Failure - WSJ.com - 0 views

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    Excerpt: After 2000, the national push toward home ownership intensified in three dimensions, leading to a doubling of housing prices in just five years' time. First, the Federal Reserve Board's interest-rate policy drove down the cost of borrowing money to unprecedented lows. Second, a common conviction arose that home ownership should be available even to those who, under prevailing conditions, could not afford it. Finally, private agencies charged with determining the risk and value of securities were exceptionally generous in their assessment of the financial products known as "derivatives" whose collateral resided in the value of thousands of mortgages bundled together. The rating agencies understated the risks from these bundled mortgages by assuming that home prices were simply going to rise forever. When the housing bubble burst in 2006, the damage to the financial system pushed the global economy into the worst contraction since the Great Depression. In the midst of the pain and suffering that have accompanied financial collapse and economic contraction-over $15 trillion in wealth has been lost by American households alone while, to date, more than 6 million job losses have boosted the unemployment rate to 9.4 percent-much of the blame has been placed on unregulated financial markets whose behavior is said to have revealed a terrible flaw in the foundation of capitalism itself. This was a market failure, we are told, and the promise of capitalism has always been that the self-correcting mechanisms built into the system would preclude the possibility of a systemic market failure. But the housing bubble only burst after government subsidies pushed house prices up so fast that marginal buyers could no longer afford to chase prices even higher. A bubble created by rigged financial markets and a government-sponsored obsession with home ownership is not a result of market failure, but rather, a result of bad public policy. The belief that home ownership,
Gary Edwards

Revealed: Obama's Immense Shadow Army & Its Shocking Takeover Plan - 1 views

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    Is the ObamaCare train wreck a wreck by design? Another notch in the Bankster belt marking another step in the bankrupting of America? Revealed: Obama's Immense Shadow Army & Its Shocking Takeover Plan October 26, 2013  //  By: Eric Odom  //   The ObamaCare train wreck - it's awful, possibly purposeful, certainly useful for team Obama and its growing army of community activists and organizers. In a previous report, we explored the question, "What if the ObamaCare debacle is really a diversion, using a military term a "feint" - a tactical distraction to draw our attention, our focus and our fire away from the real point of attack on liberty?" Remember that horrible train wreck in Spain not long ago, captured on video? As tragic as it was, watching the crash and its gruesome aftermath was almost irresistible, wasn't it? Well, what if the disastrous rollout of the President's signature legislative achievement - what if this spectacular slow motion ObamaCare train wreck has been and is being allowed to happen so that what's going on around the bend from the fiery crash site gets little attention, from the public, from the media or from Congressional investigators? Think about it, friends. How could Barack Obama and his celebrated team of incredibly proficient, plugged in techies - the team that twice got him elected - be behind the utterly disastrous launch of the ObamaCare online storefront, healthcare.gov - arguably the biggest website failure in history? How could so much money have been spent to produce such a problem-plagued site that apparently was doomed in its developmental confusion? And how to fix this monumental mess, well, there doesn't seem to be any clear plan…other than hope. And now we learn that many, if not most, of the people actually signing up for ObamaCare through the website are enrolling in Medicaid, not signing up for private insurance policies they pay for, but adding their names onto government roll
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    There is no doubt in my mind that corporations (and their Chamber of Commerce boot licking lackys) believe that employer provided healthcare benefits was a HUGE MISTAKE. The key feature of ObamaCare is that of ENDING the HMO-Employee Healthcare profit draining quagmire these corporations somehow stumbled into. (Hint: they traded healthcare benefits for wide open government assisted Globalization - the new world order Merchantilism). IMHO, the insurance companies know full well that the entire HMO-Employee Healthcare bandwagon is going to end. Not because of socialism; because of profit hungry out of control mercantilism. So they are trying to cut the best deal possible with the government. The merchantilist doesn't care that their employees are going to suffer. They only care that this cost and the blame for losing the benefit is moved from their books to the government. Nor does the merchantilist care about protecting our borders. They want cheap labor. Even if the social cost of that cheap labor lands on the government and destroys the nation. That's why the merchantilist and his Bankster financiers support Open Borders. The merchantilist could care less about the trade deficit and the massive transfer of American manufacturing jobs overseas. As long as they can sell their junk back into the USA market without a 33% import tax these bastardos are happy to destroy their country. I wonder whose army and navy will secure their investments when the USA no longer can? Are their private armies enough? Just wondering.
Gary Edwards

Obama To Americans: You Don't Deserve To Be Free - Forbes - 1 views

  • President Obama’s Kansas speech is a remarkable document. In calling for more government controls, more taxation, more collectivism, he has two paragraphs that give the show away. Take a look at them. there is a certain crowd in Washington who, for the last few decades, have said, let’s respond to this economic challenge with the same old tune. “The market will take care of everything,” they tell us. If we just cut more regulations and cut more taxes–especially for the wealthy–our economy will grow stronger. Sure, they say, there will be winners and losers. But if the winners do really well, then jobs and prosperity will eventually trickle down to everybody else. And, they argue, even if prosperity doesn’t trickle down, well, that’s the price of liberty. Now, it’s a simple theory. And we have to admit, it’s one that speaks to our rugged individualism and our healthy skepticism of too much government. That’s in America’s DNA. And that theory fits well on a bumper sticker. (Laughter.) But here’s the problem: It doesn’t work. It has never worked. (Applause.) It didn’t work when it was tried in the decade before the Great Depression. It’s not what led to the incredible postwar booms of the ’50s and ’60s. And it didn’t work when we tried it during the last decade. (Applause.) I mean, understand, it’s not as if we haven’t tried this theory.
  • Though not in Washington, I’m in that “certain crowd” that has been saying for decades that the market will take care of everything. It’s not really a crowd, it’s a tiny group of radicals–radicals for capitalism, in Ayn Rand’s well-turned phrase. The only thing that the market doesn’t take care of is anti-market acts: acts that initiate physical force. That’s why we need government: to wield retaliatory force to defend individual rights. Radicals for capitalism would, as the Declaration of Independence says, use government only “to secure these rights”–the rights to life, liberty, property, and the pursuit of happiness. (Yes, I added “property” in there–property rights are inseparable from the other three.) That’s the political philosophy on which Obama is trying to hang the blame for the recent financial crisis and every other social ill. But ask yourself, are we few radical capitalists in charge? Have radical capitalists been in charge at any time in the last, oh, say 100 years?
  • I pick 100 years deliberately, because it was exactly 100 years ago that a gigantic anti-capitalist measure was put into effect: the Federal Reserve System. For 100 years, government, not the free market, has controlled money and banking. How’s that worked out? How’s the value of the dollar held up since 1913? Is it worth one-fiftieth of its value then or only one-one-hundredth? You be the judge. How did the dollar hold up over the 100 years before this government take-over of money and banking? It actually gained slightly in value.
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  • Laissez-faire hasn’t existed since the Sherman Antitrust Act of 1890. That was the first of a plethora of government crimes against the free market.
  • The typical Republican would never, ever say “the market will take care of everything.” He’d say, “the market will take care of most things, and for the other things, we need the regulatory-welfare state.” They are for individualism–except when they are against it. They are against free markets and individualism not only when they agree with the Left that we must have antitrust laws and the Federal Reserve, but also when they demand immigration controls, government schools, regulatory agencies, Medicare, laws prohibiting abortion, Social Security, “public works” projects, the “social safety net,” laws against insider trading, banking regulation, and the whole system of fiat money.
  • Even you, dear reader, are probably wondering how on earth anyone could challenge things like Social Security, government schools, and the FDA. But that’s not the point. The point is: these statist, anti-capitalist programs exist and have existed for about a century. The point is: Obama is pretending that the Progressive PGR -2.02% Era, the New Deal, and the Great Society were repealed, so that he can blame the financial crisis on capitalism. He’s pretending that George Bush was George Washington.
  • What Obama is indeed responsible for is the injustice of robbing some to (allegedly) benefit others. To the extent that cronyism, not the free market, sets income, that is an injustice to be laid at the statists’ door.
  • There is no such problem as “unemployment” under capitalism. Prices fall to clear the market. Twice the work force could be employed if average wages dropped in half. But that’s nominal wages; with a constant money supply, prices would also fall in half–or slightly more than that. This isn’t just theory. America’s workforce has grown steadily decade after decade, yet the standard of living has risen at the same time. I grant you that the rise has slowed as statist intervention has grown. Think of the phenomenal progress between, say 1900 and 1920 as compared to the minor progress from 1993 to 2013. Most of the progress in the last 20 years has come in the freest area of the economy: electronics and computing.
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    Harry Binswanger defends laissez-faire capitalism, using Ayn Rand Objectivism.
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    The major problem with Ayn Rand Objectivism is that it's an "ism." The Utopian ideal it is based on has never existed in reality and likely never will; its principles have never been tested. Moreover, I will argue that Binswanger is incorrect in arguing that the anti-capitalist phenomenon in America began with creation of the Federal Reserve; it dates much farther back. The economic basis for the Revolutionary War was largely the Crown-granted monopolies granted to the first great British "companies" (corporations), which had the effect of forcing North American colonists to pay monopoly rents for common goods and kept American ship owners from importing those goods from elsewhere to sell at a lower price. The Founding Fathers were strongly against privately-owned corporations and government-granted monopolies, with only two exceptions, copyrights for literary works and patents for inventions. The Constitution's prohibition against government-granted monopolies is implicit in its allowance for only two narrowly-defined types. The Founding Fathers' writings explicitly discussed the difference between "natural" monopolies and those created by government or anti-competitive conduct. During the early years of the nation corporations were permitted by the States, but only for public purposes, usually for public works such as bridges or roads for which there was a need to amass capital. These early American corporations were usually chartered only for the time required to complete the public work and to recover the invesment and a small profit, e.g., from tolls for using a bridge or road. Many of the early state constitutions explicitly limited the lifetime of corporations. However, such early opposition to corporations gradually eroded; corporate purposes were expanded, corporations were granted perpetual life, and the corporate form of doing business became much more widespread. Here, it is important to recognize that corporations are market artificialities c
Paul Merrell

Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
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    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
Paul Merrell

Judicial Watch Played Into The Government's Hands -- Americans Are Blinded By Agendas - PaulCraigRoberts.org - 0 views

  • Disinformation succeeds because so many people and interest groups across the political spectrum find that it serves their agendas as well as the agenda of the government. Consider for example the explanation of 9/11 that blamed Muslim terrorists for the attack. This served the interests of the neoconservatives, the private armaments companies, the US military, the private security companies, government security agencies such as the CIA, the left-wing, the right-wing, the Israel Lobby, and the print and TV media. The official explanation gave the neoconservatives the “new Pearl Harbor” that they needed for their program of invasions of Middle Eastern countries. The private armaments companies could look forward to decades of high profits. Wars always bring the military rapid promotions and higher retirement benefits. Private manufacturers of security equipment and spyware enjoy a rising demand for their products and have grown fat from the products sold to the TSA and NSA. Homeland Security has vastly expanded the federal workforce and administrative positions. The left-wing has proof of “blowback” caused by US interference in the internal affairs of other countries. The right-wing has proof that America has enemies against whom defense at all costs is necessary. The Israel Lobby has the US to overthrow the regimes in the way of Israel’s territorial expansion. The media has the story of the century with which to boost ratings and curry the favor of government.
  • In other words, the government’s story cannot stand the light cast by the facts and independent experts, and the government’s false story must be protected by shutting down the truth-telling experts. The government, Sunstein argued, needs to either gain control over these experts or to shut them down. Just as many different collections of interest groups and people have stakes in the Obama regime’s story of the killing of Osama bin Laden by US Navy SEALS in Abbottabad, Pakistan. This story and its selling by an enthusiastic media guaranteed Obama’s reelection. It served the emotions of super patriots desperate for revenge who wear their gullibility on their sleeves. It served the myth of CIA and NSA prowess. It served the reputation of the killing power of US Special Forces teams. It proved that America won even though it lost the wars in Iraq and Afghanistan. All the trillions of dollars spent were worth it. We got revenge on the guy who did 9/11. No one remembered that the US government, unable to find bin Laden for 10 years, had settled on a different “9/11 mastermind,” Khalid Sheikh Mohammed, and had him water-boarded 183 times until he confessed to being responsible for 9/11. If Khalid Sheikh Mohammed “was responsible for the 9/11 operation from A to Z,” why were SEALS sent, illegally, into Pakistan to murder bin Laden? As the FBI says, there is no evidence that bin Laden is responsible for 9/11. That is why bin Laden was not wanted on that charge by the FBI, as the FBI publicly stated.
  • Judicial Watch has been trying to pry the (nonexistent) photos of a dead bin Laden from the government’s hands. For “national security reasons” the US government does not want anyone to see evidence that supports its far-fetched tale of bin Laden’s murder. The photographic evidence of a successful raid are off limits. They are like the alleged videos of the airliner hitting the Pentagon that we are not permitted to see for “national security reasons.” In other words, the photos and videos do not exist and never did. No government, not even the American one, would be so totally stupid as to withhold the evidence for its claims. The government, seeing its unbelievable stories lose believability at home and abroad used Judicial Watch’s lawsuit to boost the credibility of its story. Judicial Watch filed a Freedom of Information Act lawsuit for the photos that the Obama regime alleged to have of the murdered bin Laden but refused to release. Obviously, the government has no such photos and never had any such photos. But the government does not need evidence when it can rely on the gullibility of the American people.
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  • How was bin Laden, who was known in 2001 to be suffering from terminal illnesses, including renal failure, and whose death was widely reported in 2001 still alive ten years later to be murdered by SEALs? What sense does it make that the greatest terrorist leader of our time only had two unarmed women to protect him. What sense does it make that the US would murder the terrorist mastermind with all the plots in his head instead of capturing and questioning him? How can anyone be so gullible as to believe such a nonsense tale as told to them by Obama and the presstitute media? Is America really a nation of utter fools? Like the 9/11 story, the story of bin Laden’s murder is losing credibility with the US population. Pakistani National TV shot Obama’s story down with an eyewitness interview that reported that not one single person, dead body, or any piece of evidence left Abbottadad, because the only helicopter that landed blew up when it attempted to leave and there were no survivors. No other helicopters landed. So there was no dead bin Laden to be buried at sea (there are no known witnesses to the alleged burial) and no photographs of a dead bin Laden.
  • As the government had no photos to release, the US government decided to use the opportunity presented by Judicial Watch to bolster its story that photos of bin Laden murdered and dead were once in its possession. The government released to Judicial Watch a document under the Freedom of Information Act that is an order from Special Operations Commander Admiral William McRaven to “destroy immediately” the photos of the dead bin Laden. Judicial Watch took the bait. Instead of realizing that there was no reason whatsoever for the government to destroy the only evidence that might support its claim to have murdered bin Laden, Judicial Watch focused on the illegality of destroying the evidence. Judicial Watch says that “Federal law contains broad prohibitions against the ‘concealment, removal, or mutilation generally’ of government records.” http://www.globalresearch.ca/top-pentagon-leader-ordered-destruction-of-bin-laden-death-photos/5368389 Judicial Watch played into the government’s hands. Judicial Watch president Tom Fitton was maneuvered by the government into defining the scandal as the destruction of evidence, “revealing both contempt for the rule of law and the American people’s right to know.” To the contrary, the real scandal is the massive lie that bin Laden was killed by a SEAL raid and the acceptance of this lie by the American people and Judicial Watch.
  • By damning the government for destroying evidence, Judicial Watch has given credibility to the government’s claim that SEALs murdered Osama bin Laden. The SEAL team credited with bin Laden’s murder was quickly eliminated when the team was loaded onto a 1960s vintage helicopter in Afghanistan. Apparently the team members were asking one another, “Were you on that mission that killed bin Laden?” Of course, no one was, and this information was too dangerous for the Obama regime.
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    Paul Craig Roberts goes on record as a 9-11 Truther and as a deep sceptic of Obama's claim that Seal Team 6 killed Osama bin Laden in 2011. 
Paul Merrell

The Stunning Hypocrisy of the U.S. Government | Washington's Blog - 0 views

  • Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. is hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles. If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies, the failed war on drugs, and other wasted and counter-productive expenses, we wouldn’t need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn’t be nationalized, because that would be socialism. Instead of temporarily nationalizing them and then spinning them off to the private sector – or breaking them up – the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy. But every single one of these bills actually bails out the banks … and doesn’t really help the homeowner.
  • The Federal Reserve promises to do everything possible to reduce unemployment. But its policies are actually destroying jobs. Many D.C. politicians pay lip service to helping the little guy … while pushing policies which have driven inequality to levels surpassing slave-owning societies. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama’s hypocrisy in slamming Bush’s spying programs … and then expanding them (millions more). And in slamming China’s cyber-warfare … while doing the same thing. And – while the Obama administration is spying on everyone in the country – it is at the same time the most secretive administration ever (background). That’s despite Obama saying he’s running the most transparent administration ever.
  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”. It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
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  • Glenn Greenwald – the Guardian reporter who broke the NSA spying revelations – has documented for many years the hypocritical use of leaks by the government to make itself look good … while throwing the book at anyone who leaks information embarrassing to the government. Greenwald notes today: Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined.
  • Similarly, journalists who act as mere stenographers for the government who never criticize in more than a superficial fashion are protected and rewarded … but reporters who actually report on government misdeeds are prosecuted and harassed. Further, the biggest terrorism fearmongers themselves actually support terrorism. And see this. In the name of fighting terrorism, the U.S. has been directly supporting Al Qaeda and other terrorists and providing them arms, money and logistical support in Syria, Libya, Mali, Bosnia, Chechnya, Iran, and many other countries … both before and after 9/11. And see this. The American government has long labeled foreigners as terrorists for doing what America does. Moreover, government officials may brand Americans as potential terrorists if they peacefully protest, complain about the taste of their water, or do any number of other normal, all-American things.
  • This is especially hypocritical given that liberals like Noam Chomsky and conservatives like the director of the National Security Agency under Ronald Reagan (Lt. General William Odom) all say that the American government is the world’s largest purveyor of terrorism. As General Odom noted: Because the United States itself has a long record of supporting terrorists and using terrorist tactics, the slogans of today’s war on terrorism merely makes the United States look hypocritical to the rest of the world. These are just a couple of ways in which the D.C. politicians are hypocrites.
Paul Merrell

DOJ's Motion to Dismiss in Smith v. Obama, the case challenging the legality of the war against ISIL | Just Security - 0 views

  • As I noted in an earlier post, Nathan Smith, a U.S. Army captain deployed to Kuwait as part of the campaign against ISIL, Operation Inherent Resolve, has sued the President, seeking a declaration that Congress has not authorized the hostilities in Iraq and Syria and that therefore the War Powers Resolution requires the President to remove U.S. forces from hostilities in those nations. On Tuesday, the Department of Justice filed a motion to dismiss the case. Its brief in support of the motion includes one argument that I think is correct (albeit not for all the reasons the government offers) — namely, that Smith lacks standing to sue. That ought to be sufficient to have the case dismissed. The brief also includes an argument on the merits (albeit not designated as such) that is very interesting and potentially important — an account of how Congress has allegedly authorized Inherent Resolve in three ways: (i) in the 2001 AUMF; (ii) in the 2002 AUMF; and (iii) in current appropriations statutes. The heart of the brief, however, is devoted to a third argument — that Judge Koller-Kotelly must dismiss the case on the basis of the political question doctrine — that is not only wrong, but that simply ignores the Supreme Court’s recent (and repeated) repudiation of that very argument.
  • On page 39 of its 45-page brief, the government finally gets around to the reason why the court should dismiss the complaint: Smith lacks standing. Importantly, Smith’s theory of standing is not that he — an Army captain deployed to perform intelligence services in Kuwait — is more likely to be injured or killed by virtue of the President’s decision to deploy troops into hostilities in Iraq and Syria. It is, instead, that the President’s alleged failure to comply with the War Powers Act results in Captain Smith’s own violation of his officer’s oath to “support and defend” the Constitution “against all enemies, foreign and domestic,” and to “bear true faith and allegiance” to the Constitution.
  • The government’s standing argument begins (p. 35) by suggesting that “[p]laintiff’s claim that he is being forced to betray his oath is insufficient to establish standing because the violation of an oath, by itself, is not an injury in fact.” The cases the government cites for that proposition, however, do not say that a forced oath violation would not be an injury in fact — and that’s not a question the judge needs to resolve. What the cases establish, instead, is the point the government finally argues at page 39 — namely, that a government officer does not violate his oath by complying with superiors’ orders, even if it turns out that the law prohibits the military operation in which those orders are issued. Indeed, Smith would not violate his oath of office even if his superiors’ orders themselves were unauthorized, or if the intelligence activities he is ordered to performed were unauthorized. But he does not allege even those things (as I discuss below, he does not, for instance, alleged that he is being ordered to do anything unlawful). Instead, he merely argues that because President Obama should have withdrawn troops from Syria and Iraq 60 days after their deployment, Smith himself is violating his oath to “bear true faith and allegiance to the Constitution.” This is a non sequitur: Even if Smith is right that the continuation of Operation Inherent Resolve is unlawful, that would not mean that he is acting in violation of his oath. (Much more on this in my earlier post.) And that simple fact is reason enough for Judge Koller-Kotelly to dismiss the case.
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  • One of Smith’s counsel, Professor Bruce Ackerman, argues that this reason for rejecting the oath-based theory of standing ignores the Supreme Court’s 1804 decision in Little v. Barreme. Little, however, is not on point. In that case, Navy Captain Little was sued by the owners of a Danish ship for damages caused when Little seized that neutral ship. The Court held that Little could be liable, notwithstanding the fact that he was following orders, because the capture violated a implicit statutory prohibition on the military’s seizure of ships sailing from France to the United States. In this case, however, Captain Smith has not argued — nor could he — that he has been ordered to do anything unlawful (in violation of a statute), let alone that he has been ordered to do something that would subject him to possible liability for damages. He is, instead, arguing that President Obama violated a statute. That is not enough to establish Smith’s standing to sue.
  • The government’s main argument, to which it devotes far too many pages, is that the judge must dismiss the case because it raises a “political question” that courts cannot answer. This is flatly wrong — and it ignores several controlling precedents, including the Supreme Court’s recent 8-1 rejection of virtually the same government argument in Zivotofsky v. Clinton.
  • The most interesting thing about the government’s brief — and by far the most important aspect of it, for public purposes apart from the lawsuit itself — is that, in the section ostensibly arguing that the case is nonjusticiable (see pp. 25-30, and also pp. 4-14), DOJ actually offers the Executive branch’s most detailed defense yet about why Operation Inherent Resolve is congressionally authorized. As some of us predicted, the government relies on three arguable authorizations, any one of which would be sufficient to defeat Smith’s WPR claim if the courts were to reach the merits. In this post I’m not going to assess the merits of the three arguments. For now, my purpose is only to describe them, and to raise one issue with respect to the third. i. First, the government argues that the 2001 AUMF authorizes the operation against ISIL.
  • Second, the government argues that the 2002 AUMF also authorizes Operation Inherent Resolve, just as it authorized operations in Iraq against AQI (which became ISIL) from 2003 to 2011, after the Hussain regime fell.
  • Finally, and most interestingly (in part because the government has not previously made this argument), DOJ argues that a recent “unbroken stream” of appropriations statutes not only confirm the authorities allegedly conferred by the 2001 and 2002 AUMFs, but also offer their own, independent congressional authorization.
  • Two things are fairly clear from this: The members of Congress approve of Operation Inherent Resolve — indeed, there’s virtually no opposition. And Congress has (most likely) appropriated funds to pay for it. The operative question, however, is whether Congress’s appropriations also serve as an authorization that would supersede the requirement of WPR section 5(b). The government brief alludes to one important argument that the plaintiff will undoubtedly raise: Section 8(a)(1) of the WPR provides that, for purposes of tolling the 60-day clock of section 5(b), “[a]uthority to introduce United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances shall not be inferred (1) from any provision of law . . . including any provision contained in any appropriations Act, unless such provision specifically authorizes the introduction of United States Armed Forces into hostilities or into such situations and states that it is intended to constitute specific statutory authorization within the meaning of this chapter.” Obviously, the 2016 Act does not satisfy that requirement. Is that fatal to the appropriations-as-authorization argument?
  • As the Office of Legal Counsel 50 U.S.C. 1542 and 1543). These provisions might be read simply to convey that the executive must continue to comply with the consultation and reporting requirements of WPR sections 3 and 4, even after the 2016 Act authorizes the introduction of troops into hostilities in Iraq and Syria. Or they might alternatively be construed to also specify that the Act is not providing the authority that section 5(b) of the WPR calls for.
  • Not surprisingly, DOJ argues for the former view (pp. 27-28 of the brief): “[I]n the few provisions in which Congress did reference the War Powers Resolution, to clarify that no funds made available for Operation Inherent Resolve are to be used ‘in contravention’ of the Resolution, Congress signaled its agreement that the President’s counter-ISIL military actions were authorized by simultaneously funding Operation Inherent Resolve. If Congress believed that the United States had been conducting airstrikes and other counter-ISIL military activities ‘in contravention of the War Powers Resolution,’ it would have made no sense for Congress to use the ‘in contravention’ proviso in the same laws that make funds available for the express purpose of continuing those military activities.” That’s not a bad argument, at least at first glance; but it’s not a slam-dunk, either, in part because appropriations provisions do not necessarily establish authorizations. It’ll be interesting to see how Captain Smith’s lawyers respond to this particular aspect of the merits argument. I doubt Judge Koller-Kotelly will reach it, however, because she is likely to dismiss the case for want of standing.
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    I've read the brief. I don't think the implied partial repeal of the War Powers Resolution argument should fly. The relevant provision establishes a rule of interpretation of later statutes and the appropriations bills neither reject the rule of interpretation nor specifically provide authorization for use of military force. They just authorize funding. On the standing issue, I think the DoJ position is correct; the oath of office applies only to senior officers who make the decision to initiate a war. But DoJ may have opened the door to a more compelling standing argument by arguing that the war does not constitute a war crime, a crime against peace, or a crime against humanity under international law. DoJ did not need to make that argument because Smith had not alleged in his complaint that he was being ordered to commit such crimes, but by doing so DoJ waives any argument that such issues are beyond the scope of Smith's standing and the evidence that the Iraq and Syrian wars are illegal under international law is, to say the least, strong.
Paul Merrell

EFF Pries More Information on Zero Days from the Government's Grasp | Electronic Frontier Foundation - 0 views

  • Until just last week, the U.S. government kept up the charade that its use of a stockpile of security vulnerabilities for hacking was a closely held secret.1 In fact, in response to EFF’s FOIA suit to get access to the official U.S. policy on zero days, the government redacted every single reference to “offensive” use of vulnerabilities. To add insult to injury, the government’s claim was that even admitting to offensive use would cause damage to national security. Now, in the face of EFF’s brief marshaling overwhelming evidence to the contrary, the charade is over. In response to EFF’s motion for summary judgment, the government has disclosed a new version of the Vulnerabilities Equities Process, minus many of the worst redactions. First and foremost, it now admits that the “discovery of vulnerabilities in commercial information technology may present competing ‘equities’ for the [government’s] offensive and defensive mission.” That might seem painfully obvious—a flaw or backdoor in a Juniper router is dangerous for anyone running a network, whether that network is in the U.S. or Iran. But the government’s failure to adequately weigh these “competing equities” was so severe that in 2013 a group of experts appointed by President Obama recommended that the policy favor disclosure “in almost all instances for widely used code.” [.pdf].
  • The newly disclosed version of the Vulnerabilities Equities Process (VEP) also officially confirms what everyone already knew: the use of zero days isn’t confined to the spies. Rather, the policy states that the “law enforcement community may want to use information pertaining to a vulnerability for similar offensive or defensive purposes but for the ultimate end of law enforcement.” Similarly it explains that “counterintelligence equities can be defensive, offensive, and/or law enforcement-related” and may “also have prosecutorial responsibilities.” Given that the government is currently prosecuting users for committing crimes over Tor hidden services, and that it identified these individuals using vulnerabilities called a “Network Investigative Technique”, this too doesn’t exactly come as a shocker. Just a few weeks ago, the government swore that even acknowledging the mere fact that it uses vulnerabilities offensively “could be expected to cause serious damage to the national security.” That’s a standard move in FOIA cases involving classified information, even though the government unnecessarily classifies documents at an astounding rate. In this case, the government relented only after nearly a year and a half of litigation by EFF. The government would be well advised to stop relying on such weak secrecy claims—it only risks undermining its own credibility.
  • The new version of the VEP also reveals significantly more information about the general process the government follows when a vulnerability is identified. In a nutshell, an agency that discovers a zero day is responsible for invoking the VEP, which then provides for centralized coordination and weighing of equities among all affected agencies. Along with a declaration from an official at the Office of the Director of National Intelligence, this new information provides more background on the reasons why the government decided to develop an overarching zero day policy in the first place: it “recognized that not all organizations see the entire picture of vulnerabilities, and each organization may have its own equities and concerns regarding the prioritization of patches and fixes, as well as its own distinct mission obligations.” We now know the VEP was finalized in February 2010, but the government apparently failed to implement it in any substantial way, prompting the presidential review group’s recommendation to prioritize disclosure over offensive hacking. We’re glad to have forced a little more transparency on this important issue, but the government is still foolishly holding on to a few last redactions, including refusing to name which agencies participate in the VEP. That’s just not supportable, and we’ll be in court next month to argue that the names of these agencies must be disclosed. 
Paul Merrell

US Congresswoman Introduces Bill To Stop "Illegal" War On Assad; Says CIA Ops Must Stop | Zero Hedge - 0 views

  • That was before Paris.  Well, in the wake of the attacks, Gabbard has apparently had just about enough of Washington vacillating in the fight against terror just so the US can ensure that ISIS continues to destabilize Assad and now, with bi-partisan support, the brazen Hawaii Democrat has introduced legislation to end the "illegal war" to overthrow Assad.  Gabbard, who fought in Iraq - twice - has partnered with Republican Adam Scott on the bill. Here's AP:  In an unusual alliance, a House Democrat and Republican have teamed up to urge the Obama administration to stop trying to overthrow Syrian President Bashar Assad and focus all its efforts on destroying Islamic State militants.   Reps. Tulsi Gabbard, a Democrat, and Austin Scott, a Republican, introduced legislation on Friday to end what they called an "illegal war" to overthrow Assad, the leader of Syria accused of killing tens of thousands of Syrian citizens in a more than four-year-old civil war entangled in a battle against IS extremists, also known as ISIS.   "The U.S. is waging two wars in Syria," Gabbard said. "The first is the war against ISIS and other Islamic extremists, which Congress authorized after the terrorist attack on 9/11. The second war is the illegal war to overthrow the Syrian government of Assad."
  • Last month, US Congresswoman Tulsi Gabbard went on CNN and laid bare Washington’s Syria strategy.  In a remarkably candid interview with Wolf Blitzer, Gabbard calls Washington’s effort to oust Assad “counterproductive” and “illegal” before taking it a step further and accusing the CIA of arming the very same terrorists who The White House insists are "sworn enemies.”  In short, Gabbard all but tells the American public that the government is lying to them and may end up inadvertently starting “World War III.” For those who missed it, here’s the clip:
  • Last month, US Congresswoman Tulsi Gabbard went on CNN and laid bare Washington’s Syria strategy.  In a remarkably candid interview with Wolf Blitzer, Gabbard calls Washington’s effort to oust Assad “counterproductive” and “illegal” before taking it a step further and accusing the CIA of arming the very same terrorists who The White House insists are "sworn enemies.”  In short, Gabbard all but tells the American public that the government is lying to them and may end up inadvertently starting “World War III.” For those who missed it, here’s the clip:
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  • That was before Paris.  Well, in the wake of the attacks, Gabbard has apparently had just about enough of Washington vacillating in the fight against terror just so the US can ensure that ISIS continues to destabilize Assad and now, with bi-partisan support, the brazen Hawaii Democrat has introduced legislation to end the "illegal war" to overthrow Assad.  Gabbard, who fought in Iraq - twice - has partnered with Republican Adam Scott on the bill. Here's AP:  In an unusual alliance, a House Democrat and Republican have teamed up to urge the Obama administration to stop trying to overthrow Syrian President Bashar Assad and focus all its efforts on destroying Islamic State militants.   Reps. Tulsi Gabbard, a Democrat, and Austin Scott, a Republican, introduced legislation on Friday to end what they called an "illegal war" to overthrow Assad, the leader of Syria accused of killing tens of thousands of Syrian citizens in a more than four-year-old civil war entangled in a battle against IS extremists, also known as ISIS.   "The U.S. is waging two wars in Syria," Gabbard said. "The first is the war against ISIS and other Islamic extremists, which Congress authorized after the terrorist attack on 9/11. The second war is the illegal war to overthrow the Syrian government of Assad."
  • And make no mistake, Tulsi's understanding of Washington's absurd Mid-East policy goes far beyond Syria. That is, Gabbard fully grasps the big picture as well. Here's what she has to say about the idea that the US should everywhere and always attempt to overthrow regimes when human rights groups claim there's evidence of oppression: "People said the very same thing about Saddam (Hussein), the very same thing about (Moammar) Gadhafi, the results of those two failed efforts of regime change and the following nation-building have been absolute, not only have they been failures, but they've actually worked to strengthen our enemy." Somebody get Langley on the phone, this woman must be stopped.  Here's Gabbard speaking to CNN this week about Assad:
  • ing to remove Assad at this stage is counter-productive to what I believe our primary mission should be."   Since 2013, the CIA has trained an estimated 10,000 fighters, although the number still fighting with so-called moderate forces is unclear. CIA-backed rebels in Syria, who had begun to put serious pressure on Assad's forces, are now under Russian bombardment with little prospect of rescue by their American patrons, U.S. officials say.   For years, the CIA effort had foundered — so much so that over the summer, some in Congress proposed cutting its budget. Some CIA-supported rebels had been captured; others had defected to extremist groups.   Gabbard complained that Congress has never authorized the CIA effort, though covert programs do not require congressional approval, and the program has been briefed to the intelligence committees as required by law, according to congressional aides who are not authorized to be quoted discussing the matter.   Gabbard contends the effort to overthrow Assad is counter-productive because it is helping IS topple the Syrian leader and take control of all of Syria. If IS were able to seize the Syrian military's weaponry, infrastructure and hardware, the group would become even more dangerous than it is now and exacerbate the refugee crisis.
  • That was before Paris.  Well, in the wake of the attacks, Gabbard has apparently had just about enough of Washington vacillating in the fight against terror just so the US can ensure that ISIS continues to destabilize Assad and now, with bi-partisan support, the brazen Hawaii Democrat has introduced legislation to end the "illegal war" to overthrow Assad.  Gabbard, who fought in Iraq - twice - has partnered with Republican Adam Scott on the bill. Here's AP:  In an unusual alliance, a House Democrat and Republican have teamed up to urge the Obama administration to stop trying to overthrow Syrian President Bashar Assad and focus all its efforts on destroying Islamic State militants.   Reps. Tulsi Gabbard, a Democrat, and Austin Scott, a Republican, introduced legislation on Friday to end what they called an "illegal war" to overthrow Assad, the leader of Syria accused of killing tens of thousands of Syrian citizens in a more than four-year-old civil war entangled in a battle against IS extremists, also known as ISIS.   "The U.S. is waging two wars in Syria," Gabbard said. "The first is the war against ISIS and other Islamic extremists, which Congress authorized after the terrorist attack on 9/11. The second war is the illegal war to overthrow the Syrian government of Assad."   Scott said, "Working to remove Assad at this stage is counter-productive to what I believe our primary mission should be."
  • So there's hope for the US public after all. Perhaps if the clueless masses won't listen to "lunatic" fringe blogs or Sergei Lavrov, they'll listen to a US Congresswoman who served two tours of duty in Iraq and who is now telling Americans that The White House, The Pentagon, and most especially the CIA are together engaged in an "illegal" effort to overthrow the government of a sovereign country and in the process are arming the very same extremists that are attacking civilians in places like Paris. Good luck Tulsi, and thanks for proving that there's at least one person inside that Beltway that isn't either dishonest or naive.  *  *  * From Gabbard  “Here are 10 reasons the U.S. must end its war to overthrow the Syrian government of Assad: Because if we succeed in overthrowing the Syrian government of Assad, it will open the door for ISIS, al-Qaeda, and other Islamic extremists to take over all of Syria.  There will be genocide and suffering on a scale beyond our imagination.  These Islamic extremists will take over all the weaponry, infrastructure, and military hardware of the Syrian army and be more dangerous than ever before. We should not be allying ourselves with these Islamic extremists by helping them achieve their goal because it is against the security interests of the United States and all of civilization. Because the money and weapons the CIA is providing to overthrow the Syrian government of Assad are going directly or indirectly into the hands of the Islamic extremist groups, including al-Qaeda affiliates, al-Nusra, Ahrar al-Sham, and others who are the actual enemies of the United States.  These groups make up close to 90 percent of the so-called opposition forces, and are the most dominant fighters on the ground. Because our efforts to overthrow Assad has increased and will continue to increase the strength of ISIS and other Islamic extremists, thus making them a bigger regional and global threat.
  • Because this war has exacerbated the chaos and carnage in Syria and, along with the terror inflicted by ISIS and other Islamic extremist groups fighting to take over Syria, continues to increase the number of Syrians forced to flee their country. Because we should learn from our past mistakes in Iraq and Libya that U.S. wars to overthrow secular dictators (Saddam Hussein and Muammar Gaddafi) cause even more chaos and human suffering and open the door for Islamic extremists to take over in those countries. Because the U.S. has no credible government or government leader ready to bring order, security, and freedom to the people of Syria. Because even the ‘best case’ scenario—that the U.S. successfully overthrows the Syrian government of Assad—would obligate the United States to spend trillions of dollars and the lives of American service members in the futile effort to create a new Syria.  This is what we have been trying to do in Iraq for twelve years, and we still have not succeeded.  The situation in Syria will be much more difficult than in Iraq. Because our war against the Syrian government of Assad is interfering with our being one-pointedly focused on the war to defeat ISIS, Al-Qaeda, and the other Islamic extremists who are our actual enemy. Because our war to overthrow the Assad government puts us in direct conflict with Russia and increases the likelihood of war between the United States and Russia and the possibility of another world war.” *  *  * Oh, and if you needed another reason to like Tulsi, here's a bonus 40 second clip for your amusement...
Paul Merrell

Hamas Rejects Fateh's Demand for Gaza Rule | nsnbc international - 0 views

  • Hamas officials on Wednesday rejected demands by Fateh leadership to hand over rule of the Gaza Strip and called for an “uprising” against Palestinian Authority security forces.
  • Fateh leader Azzam al-Ahmad had said on Sunday that Hamas “foiled” efforts towards a unity government, and that the group must hand over rule of the Gaza Strip as a condition for forming the new government. Hamas spokesman Sami Abu Zuhri said that the Fateh leader’s comments created tension and were “untrue,” blaming the failure to form a unity government on Fateh’s “factionalism.” He added that Fateh’s calls to reform the unity government were a media maneuver, reiterating his movement’s willingness to form the government based on national consensus. The unity government formed in June 2014 repeatedly failed to overcome divisive issues between Hamas and Fateh, and the PLO appointed a committee last month to lead negotiations for reforming the government. The consultations have yielded little consensus thus far and received criticism by non-Fateh factions, who convened earlier this month to condemn recent PA arrests as hindering the negotiation process.
  • More than 20 years on, however, Hamas and other factions continue to accuse the PA of acting on Israel’s behalf through security cooperation. On July 7, Hamas accused the PA of having detained more than 200 of its members in the West Bank, in a sweep that MP Khalil al-Haya charged was aimed solely at “assisting the occupier” against anti-Israeli militants. Hamas leader Abd al-Rahman Shadid said at the time that many of those detained were left with signs of torture, and that the arrest campaign was part of an organized project aiming to “eradicate the movement.”
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  • This sentiment continued Wednesday when deputies of the Hamas movement renewed calls for a “revolt” against the PA over its sweeping arrests of alleged anti-Israeli militants. The deputies, in an act of defiance, held a meeting in the parliament building in Gaza City that has not convened officially since 2007 when Hamas expelled PA security forces after a week of deadly clashes. They called for “an uprising and a revolt against the political arrests” carried out by the PA in the West Bank and for Palestinian factions to adopt “a firm stand against the Authority’s crimes against the resistance and its members.” The deputies condemned the PA’s security cooperation with Israel under the 1993 Oslo accords as amounting to “high treason” that served “Zionist security” interests. Coordination in security operations as laid out in the Oslo Accords planned for a gradual power transfer in the occupied West Bank from Israeli forces to the PA over the course of five years.
  • Related article: Hamas Military Wing Offers Thousands Combat Training
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    In the only Palestine Occupied Territory-wide election Hamas beat Fateh hands down. But Hamas was classed as a terrorist organization by Israel and the U.S. So Fateh formed the Palestine Authority government, and ruled the West Bank, while Hamas ejected Fateh from Gaza and ruled there since. The PA as a party to the Oslo Accords became the puppet of Israel and the U.S., providing security services to Israel in the West Bank. There have been sporadic efforts to establish a Unity Government but no joy yet. A unity government formed in early 2014 was abruptly ended by Israel's invasion of Gaza. 
Gary Edwards

The Declaration of Independence Affirms Unalienable Property Rights - 1 views

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    I needed some background regarding the founding documents and their position on individual property rights.  Google came back with this gem!   The basic argument i'm pursuing is that socialism is unconstitutional because it's based on the selective seizure and redistribution of wealth.  Meaning, not all citizens are equal before the law.  The complaints lodged against King George in the Declaration of Independence are very much about the colonist not having the same rights of Englishmen as those whom the King favors. excerpt: the purpose of the Declaration of Independence. "Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject . . . ."1 The "common sense of the subject" expressed in the Declaration of Independence was that a national civil government must be based upon the "Laws of Nature and of Nature's God." The laws of nature and of nature's God dictate that all men are equally endowed by their Creator with unalienable rights to "Life, Liberty and the pursuit of Happiness." In Jefferson's day, the common sense of the subject was that the pursuit of happiness included the unalienable right of the individual to acquire, possess, protect and dispose of property. Because the purpose of civil governments was to secure unalienable rights, violations of one's unalienable right of property were subject to civil sanction. Today, however, the common sense of the subject is quite the opposite. The modern idea is that civil government properly possesses all power over all subjects of property. Any rights that may exist are derived from the civil government. Any rights to property that a person has may be regulated, limited or revoked by the civil government in order to satisfy the "public interest." Some have advocated that there are no such things as rights, but merely social duties. There is a clear distinction betwee
Paul Merrell

Korematsu's Demise? | Just Security - 0 views

  • There’s a lot that’s remarkable about last Tuesday’s Third Circuit decision in Hassan v. City of New York, which Faiza Patel cogently summarized in her post last week. In a nutshell, Hassan involves a challenge to secret intelligence operations carried out by the New York Police Department (NYPD) over the years since September 11 that allegedly targets Muslim communities “based on the false and stigmatizing premise that Muslim religious identity ‘is a permissible proxy for criminality, and that Muslim individuals, businesses, and institutions can therefore be subject to pervasive surveillance not visited upon individuals, businesses, and institutions of any other religious faith or the public at large.'” The district court had tersely granted the City’s motion to dismiss both because it concluded the plaintiffs lacked standing and because, in the alternative, it held that the plaintiffs had failed to overcome the pleading burden articulated by the Supreme Court in Iqbal. But the Third Circuit reversed on both fronts, holding that the plaintiffs’ allegations, if true, were more than enough to establish both that they had suffered an injury in fact sufficient to satisfy Article III standing, and that their equal protection and First Amendment claims were sufficiently plausible to satisfy Iqbal. To be sure, the Third Circuit’s decision is interlocutory — coming at a very preliminary stage in the litigation. But what I want to suggest in the post that follows is that, as much as any other post-September 11 judicial decision, Hassan represents the full-throated repudiation of the Supreme Court’s infamous World War II-era ruling in Korematsu v. United States that has been so long in coming — and so thoroughly overdue.
  • As I’ve written about before, Korematsu reflects two separate — but equally important — constitutional failures. The first failure was the internment policy itself, which we now know (and which the US government knew at the time) to have been a completely unnecessary — if not hysterical — overreaction to hyperbolic and (after Midway, at least) categorically overstated fears of a Japanese invasion of the West Coast. By itself, the camps were a dark stain on the history of civil liberties in the United States — albeit one of many, alas. But the second failure was, historically, the far more significant and unique one — the Supreme Court’s conscious constitutional rationalization of the internment policy, based upon a combination of naïveté on the Justices’ part and the affirmatively misleading (if not downright disingenuous) briefing by the federal government. As Justice Robert H. Jackson understood — and forcefully articulated — in his Korematsu dissent, the real violence to the “rule of law” resulting from the camps was thus not the underlying policy, but rather its validation by the Supreme Court. In his words, “a military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution.”
  • But we’ve struggled somewhat with the second constitutional failure. The courts have repudiated Korematsu’s conviction; the Office of the Solicitor General has confessed error for its role in perpetuating the government’s misleading case before the Supreme Court; and scholars have suggested that Korematsu itself has become part of the “anti-canon” — the class of Supreme Court decisions so reviled that they are cited, if at all, in support of the wrongness of their holdings. But Korematsu itself remains on the books, as do broader concerns that courts are still vulnerable to Korematsu — style reasoning, i.e., that the need to protect national security might provide legal justification for government conduct that would otherwise be unjustifiable. Indeed, one need look no further than the ongoing debate over the SSCI’s torture report for evidence of the Korematsu mentality being alive and well.
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  • That’s why I find the Third Circuit’s analysis in Hassan so significant — not because it allows this particular civil suit to go forward, but because it does so based upon an explicit (and conscious) rejection of Korematsu — style legal reasoning. As Judge Ambro explains, “No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights.” And applying the strict judicial scrutiny that is triggered by government action deemed to be intentionally discriminatory on the basis of religious affiliation, the court proceeds to hold that the NYPD lacked a sufficiently compelling justification for such discriminatory treatment, because even if abstract claims of security necessity could be a compelling government interest, the NYPD’s alleged policy was far too overbroad to survive the narrow tailoring required by strict scrutiny. Thus, quoting directly from Justice Jackson’s Korematsu dissent, Judge Ambro closed his opinion by noting that “Our job is judicial. We ‘can apply only law, and must abide by the Constitution, or [we] cease to be civil courts and become instruments of [police] policy.'”
  • Faiza’s post provides far more detail on the specifics of the Third Circuit’s analysis, and the opinion itself is worth a read. For present purposes, though, it’s this mentality that I find so refreshing — that even when the government invokes the specter of September 11 and the need to prevent future acts of terrorism, courts will not abdicate their responsibility to scrutinize the government’s justifications with care, and to be especially wary of overbroad government programs carried out under the broad guise of “necessity.” Hassan certainly isn’t the first example of this kind of principled judicial decisionmaking in a post-September 11 counterterrorism suit, but it is the one that, at least in my view, most directly confronts — and rejects — the kind of deferential judicial review that was responsible for the second constitutional failure in Korematsu, and all of the pain that followed.
Gary Edwards

How Government Failure Caused the Great Recession - The American, A Magazine of Ideas - 0 views

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    The banking crisis that began in August 2007 shocked markets and precipitated the Great Recession. To fully explain the banking crisis, one must account for its timing, severity, and global impact. One must also confront a startling historical contrast. If we define "banking crisis" to mean bank failures and system losses exceeding 1 percent of a country's gross domestic product (GDP), we find that in the period 1875-1913, a period of marked expansion in international trade and capital flows comparable to the last three decades, there were only four banking crises worldwide.1 By contrast, in the period 1978-2009, a period of much more extensive bank regulation, central bank intervention, government protection of depositors and other bank creditors, and government control of mortgage markets, about 140 banking crises occurred worldwide. Of these, 20 were more severe than any crisis from the earlier period of 1875-1913, in terms of total bank losses as a percent of GDP. Leading financial economists such as Charles Calomiris have argued that a necessary condition for a banking crisis is government policy that distorts the micro-incentives of banks. Likewise, University of Chicago scholar Richard Posner has argued the banks that got into trouble during the recent crisis were simply taking "risks that seemed appropriate in the environment in which they found themselves."2 In the period 1978-2009, about 140 banking crises occurred worldwide. But then why didn't a banking crisis erupt sooner-say, in the recession years of 1990-1991 or 2001-2002? What changed in recent years that led to business risk-taking capable of wrecking the U.S. housing market and the U.S. banking system and other banking systems throughout the world? Further, why were prudent credit practices reasonably maintained in credit card and commercial mortgage securitization in recent years, but wholly abandoned in residential mortgage securitization?
Paul Merrell

Responding to Failure: Reorganizing U.S. Policies in the Middle East | Middle East Policy Council - 0 views

  • I want to speak with you today about the Middle East. This is the region where Africa, Asia, and Europe come together. It is also the part of the world where we have been most compellingly reminded that some struggles cannot be won, but there are no struggles that cannot be lost. It is often said that human beings learn little useful from success but can learn a great deal from defeat. If so, the Middle East now offers a remarkably rich menu of foreign-policy failures for Americans to study. • Our four-decade-long diplomatic effort to bring peace to the Holy Land sputtered to an ignominious conclusion a year ago. • Our unconditional political, economic, and military backing of Israel has earned us the enmity of Israel’s enemies even as it has enabled egregiously contemptuous expressions of ingratitude and disrespect for us from Israel itself.
  • • Our attempts to contain the Iranian revolution have instead empowered it. • Our military campaigns to pacify the region have destabilized it, dismantled its states, and ignited ferocious wars of religion among its peoples. • Our efforts to democratize Arab societies have helped to produce anarchy, terrorism, dictatorship, or an indecisive juxtaposition of all three. • In Iraq, Libya, and Syria we have shown that war does not decide who’s right so much as determine who’s left. • Our campaign against terrorism with global reach has multiplied our enemies and continuously expanded their areas of operation. • Our opposition to nuclear proliferation did not prevent Israel from clandestinely developing nuclear weapons and related delivery systems and may not preclude Iran and others from following suit.
  • • At the global level, our policies in the Middle East have damaged our prestige, weakened our alliances, and gained us a reputation for militaristic fecklessness in the conduct of our foreign affairs. They have also distracted us from challenges elsewhere of equal or greater importance to our national interests. That’s quite a record.
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  • One can only measure success or failure by reference to what one is trying achieve. So, in practice, what have U.S. objectives been? Are these objectives still valid? If we’ve failed to advance them, what went wrong? What must we do now to have a better chance of success? Our objectives in the Middle East have not changed much over the course of the past half century or more. We have sought to 1. Gain acceptance and security for a Jewish homeland from the other states and peoples of the region; 2. Ensure the uninterrupted availability of the region’s energy supplies to sustain global and U.S. security and prosperity; 3. Preserve our ability to transit the region so as to be able to project power around the world; 4. Prevent the rise of a regional hegemon or the deployment of weapons of mass destruction that might threaten any or all of these first three objectives; 5. Maximize profitable commerce; and 6. Promote stability while enhancing respect for human rights and progress toward constitutional democracy. Let’s briefly review what’s happened with respect to each of these objectives. I will not mince words.
  • Israel has come to enjoy military supremacy but it remains excluded from most participation in its region’s political, economic, and cultural life. In the 67 years since the Jewish state was proclaimed, Israel has not made a single friend in the Middle East, where it continues to be regarded as an illegitimate legacy of Western imperialism engaged in racist removal of the indigenous population. International support for Israel is down to the United States and a few of the former colonial powers that originally imposed the Zionist project on the Arabs under Sykes-Picot and the related Balfour Declaration. The two-state solution has expired as a physical or political possibility. There is no longer any peace process to distract global attention from Israel’s maltreatment of its captive Arab populations. After years of deference to American diplomacy, the Palestinians are about to challenge the legality of Israel’s cruelties to them in the International Criminal Court and other venues in which Americans have no veto, are not present, or cannot protect the Jewish state from the consequences of its own behavior as we have always been able to do in the past. Israel’s ongoing occupation of the West Bank and siege of Gaza are fueling a drive to boycott its products, disinvest in its companies, and sanction its political and cultural elite. These trends are the very opposite of what the United States has attempted to achieve for Israel.
  • Despite Mr. Netanyahu’s recent public hysteria about Iran and his efforts to demonize it, Israel has traditionally seen Iran’s rivalry with the Arabs as a strategic asset. It had a very cooperative relationship with the Shah. Neither Israelis nor Arabs have forgotten the strategic logic that produced Israel's entente with Iran. Israel is very much on Daesh’s list of targets, as is Iran. For now, however, Israel’s main concern is the possible loss of its nuclear monopoly in the Middle East. Many years ago, Israel actually did what it now accuses Iran of planning to do. It clandestinely developed nuclear weapons while denying to us and others that it was doing so. Unlike Iran, Israel has not adhered to the Nuclear Non-Proliferation Treaty or subjected its nuclear facilities to international inspection. It has expressed no interest in proposals for a nuclear-free zone in the Middle East. It sees its ability to bring on nuclear Armageddon as the ultimate guarantee of its existence.
  • The late King `Abdullah of Saudi Arabia engineered a reversal of decades of Arab rejectionism at Beirut in 2002. He brought all Arab countries and later all 57 Muslim countries to agree to normalize relations with Israel if it did a deal — any deal — with the Palestinians that the latter could accept. Israel spurned the offer. Its working assumption seems to be that it does not need peace with its neighbors as long as it can bomb and strafe them. Proceeding on this basis is not just a bad bet, it is one that is dividing Israel from the world, including Jews outside Israel. This does not look like a story with a happy ending. It’s hard to avoid the thought that Zionism is turning out to be bad for the Jews. If so, given the American investment in it, it will also have turned out to be bad for America. The political costs to America of support for Israel are steadily rising. We must find a way to divert Israel from the largely self-engineered isolation into which it is driving itself, while repairing our own increasing international ostracism on issues related to Israel.  
  • In a stunning demonstration of his country’s most famous renewable resource — chutzpah — Israel’s Prime Minister chose this very moment to make America the main issue in his reelection campaign while simultaneously transforming Israel into a partisan issue in the United States. This is the very opposite of a sound survival strategy for Israel. Uncertainties about their country’s future are leading many Israelis to emigrate, not just to America but to Europe. This should disturb not just Israelis but Americans, if only because of the enormous investment we have made in attempts to gain a secure place for Israel in its region and the world. The Palestinians have been silent about Mr. Netanyahu’s recent political maneuvers. Evidently, they recall Napoleon’s adage that one should never interrupt an enemy when he is making a mistake. This brings me to an awkward but transcendently important issue. Israel was established as a haven from anti-Semitism — Jew hatred — in Europe, a disease of nationalism and Christian culture that culminated in the Holocaust. Israel’s creation was a relief for European Jews but a disaster for the Arabs of Palestine, who were either ethnically cleansed by European Jewish settlers or subjugated, or both.  But the birth of Israel also proved tragic for Jews throughout the Middle East — the Mizrahim. In a nasty irony, the implementation of Zionism in the Holy Land led to the introduction of European-style anti-Semitism — including its classic Christian libels on Jews — to the region, dividing Arab Jews from their Muslim neighbors as never before and compelling them to join European Jews in taking refuge in Israel amidst outrage over the dispossession of Palestinians from their homeland. Now, in a further irony, Israel’s pogroms and other injustices to the Muslim and Christian Arabs over whom it rules are leading not just to a rebirth of anti-Semitism in Europe but to its globalization.
  • To many, Israel now seems to have acquired the obnoxious habit of biting the American hand that has fed it for so long. The Palestinians have despaired of American support for their self-determination. They are reaching out to the international community in ways that deliberately bypass the United States. Random acts of violence herald mayhem in the Holy Land. Daesh has proclaimed the objective of erasing the Sykes-Picot borders and the states within them. It has already expunged the border between Iraq and Syria. It is at work in Lebanon and has set its sights on Jordan, Palestine, and Israel. Lebanon, under Saudi influence, has turned to France rather than America for support. Hezbollah has intervened militarily in Iraq and Syria, both of whose governments are close to Iran. Egypt and Turkey have distanced themselves from the United States as well as from each other. Russia is back as a regional actor and arms supplier. The Gulf Arabs, Egypt, and Turkey now separately intervene in Libya, Syria, and Iraq without reference to American policy or views. Iran is the dominant influence in Iraq, Syria, parts of Lebanon, and now Yemen. It has boots on the ground in Iraq. And now Saudi Arabia seems to be organizing a coalition that will manage its own nuclear deterrence and military balancing of Ir
  • To describe this as out of control is hardly adequate. What are we to do about it? Perhaps we should start by recalling the first law of holes — “when stuck in one, stop digging.” It appears that “don’t just sit there, bomb something” isn’t much of a strategy. When he was asked last summer what our strategy for dealing with Daesh was, President Obama replied, “We don’t yet have one.” He was widely derided for that. He should have been praised for making the novel suggestion that before Washington acts, it should first think through what it hopes to accomplish and how best to do it. Sunzi once observed that “tactics without strategy is the noise before defeat." America’s noisy but strategy-free approach to the Middle East has proven him right. Again the starting point must be what we are trying to accomplish. Strategy is "the discipline of achieving desired ends through the most efficient use of available means" [John Lewis Gaddis].Our desired ends with respect to the Middle East are not in doubt. They have been and remain to gain an accepted and therefore secure place for Israel there; to keep the region's oil and gas coming at reasonable prices; to be able to pass through the area at will; to head off challenges to these interests; to do profitable business in the markets of the Middle East; and to promote stability amidst the expansion of liberty in its countries. Judging by results, we have been doing a lot wrong. Two related problems in our overall approach need correction. They are “enablement” and the creation of “moral hazard.” Both are fall-out from  relationships of codependency.
  • Enablement occurs when one party to a relationship indulges or supports and thereby enables another party’s dysfunctional behavior. A familiar example from ordinary life is giving money to a drunk or a drug addict or ignoring, explaining away, or defending their subsequent self-destructive behavior.  Moral hazard is the condition that obtains when one party is emboldened to take risks it would not otherwise take because it knows another party will shoulder the consequences and bear the costs of failure. The U.S.-Israel relationship has evolved to exemplify codependency. It now embodies both enablement and moral hazard. U.S. support for Israel is unconditional.  Israel has therefore had no need to cultivate relations with others in the Middle East, to declare its borders, or to choose peace over continued expansion into formerly Arab lands. Confidence in U.S. backing enables Israel to do whatever it likes to the Palestinians and its neighbors without having to worry about the consequences. Israel is now a rich country, but the United States continues to subsidize it with cash transfers and other fiscal privileges. The Jewish state is the most powerful country in the Middle East. It can launch attacks on its neighbors, confident that it will be resupplied by the United States. Its use of U.S. weapons in ways that violate both U.S. and international law goes unrebuked. 41 American vetoes in the United Nations Security Council have exempted Israel from censure and international law. We enable it to defy the expressed will of the international community, including, ironically, our own.
  • We Americans are facilitating Israel's indulgence in denial and avoidance of the choices it must make if it is not to jeopardize its long-term existence as a state in the Middle East. The biggest contribution we could now make to Israel's longevity would be to ration our support for it, so as to cause it to rethink and reform its often self-destructive behavior. Such peace as Israel now enjoys with Egypt, Jordan, and the Palestinians is the direct result of tough love of this kind by earlier American administrations. We Americans cannot save Israel from itself, but we can avoid killing it with uncritical kindness. We should support Israel when it makes sense to do so and it needs our support on specific issues, but not otherwise. Israel is placing itself and American interests in jeopardy. We need to discuss how to reverse this dynamic.
  • Moral hazard has also been a major problem in our relationship with our Arab partners. Why should they play an active role in countering the threat to them they perceive from Iran, if they can get America to do this for them? Similarly, why should any Muslim country rearrange its priorities to deal with Muslim renegades like Daesh when it can count on America to act for it? If America thinks it must lead, why not let it do so? But responsible foreign and defense policies begin with self-help, not outsourcing of military risks. The United States has the power-projection and war-fighting capabilities to back a Saudi-led coalition effort against Daesh. The Saudis have the religious and political credibility, leadership credentials, and diplomatic connections to organize such an effort. We do not. Since this century began, America has administered multiple disappointments to its allies and friends in the Middle East, while empowering their and our adversaries. Unlike the Gulf Arabs, Egypt, and Turkey, Washington does not have diplomatic relations with Tehran. Given our non-Muslim identity, solidarity with Israel, and recent history in the Fertile Crescent, the United States cannot hope to unite the region’s Muslims against Daesh.  Daesh is an insurgency that claims to exemplify Islam as well as a governing structure and an armed force. A coalition led by inhibited foreign forces, built on papered-over differences, and embodying hedged commitments will not defeat such an insurgency with or without boots on the ground.
  • When elections have yielded governments whose policies we oppose, we have not hesitated to conspire with their opponents to overthrow them. But the results of our efforts to coerce political change in the Middle East are not just failures but catastrophic failures. Our policies have nowhere produced democracy. They have instead contrived the destabilization of societies, the kindling of religious warfare, and the installation of dictatorships contemptuous of the rights of religious and ethnic minorities. Frankly, we have done a lot better at selling things, including armaments, to the region than we have at transplanting the ideals of the Atlantic Enlightenment there. The region’s autocrats cooperate with us to secure our protection, and they get it. When they are nonetheless overthrown, the result is not democracy or the rule of law but socio-political collapse and the emergence of  a Hobbesian state of nature in which religious and ethnic communities, families, and individuals are able to feel safe only when they are armed and have the drop on each other. Where we have engineered or attempted to engineer regime change, violent politics, partition, and ethno-religious cleansing have everywhere succeeded unjust but tranquil order. One result of our bungled interventions in Iraq and Syria is the rise of Daesh. This is yet another illustration that, in our efforts to do good in the Middle East, we have violated the principle that one should first do no harm.
  • Americans used to believe that we could best lead by example. We and those in the Middle East seeking nonviolent change would all be better off if America returned to that tradition and forswore ideologically motivated hectoring and intervention. No one willingly follows a wagging finger. Despite our unparalleled ability to use force against foreigners, the best way to inspire them to emulate us remains showing them that we have our act together. At the moment, we do not. In the end, to cure the dysfunction in our policies toward the Middle East, it comes down to this. We must cure the dysfunction and venality of our politics. If we cannot, we have no business trying to use an 8,000-mile-long screwdriver to fix things one-third of the way around the world. That doesn’t work well under the best of circumstances. But when the country wielding the screwdriver has very little idea what it’s doing, it really screws things up.
  •  
    Chas Freeman served as US ambassador to Saudi Arabia during the war to liberate Kuwait and as Assistant Secretary of Defense from 1993-94. He was the editor of the Encyclopedia Britannica entry on "diplomacy" and is the author of five books, including "America's Misadventures in the Middle East" and "Interesting Times: China, America, and the Shifting Balance of Prestige."  I have largely omitted highlighting portions of the speech dealing with Muslim nations because Freeman has apparently lost touch with the actual U.S., Saudi, UAE, Kuwait, and Turish roles in creating and expanding ISIL. But his analysis of Israel's situation and recommendations for curing it seem quite valid, as well as his overall Mideast recommendation to heed the First Law of Holes: "when stuck in one, stop digging."   I recommend reading the entire speech notwithstanding his misunderstanding of ISIL. There is a lot of very important history there ably summarized.
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