Thursday, September 29, 2016

Congress Overrides Obama Veto; 9/11 Families Can Sue Saudi Officials — and Associated U.S. Companies?


President Barack Obama and Saudi Arabia's King Salman walk together to a meeting at Erga Palace in Riyadh, Saudi Arabia, Wednesday, April 20, 2016. AP Photo/Carolyn Kaster (source)

by Gaius Publius

This story is straight-forward but has two interesting wrinkles. The House and Senate recently (and unanimously) passed a bill that drills a loophole into the Foreign Sovereign Immunities Act and allows victims of terrorism to sue foreign sponsors of attacks on U.S. soil.

The families of 9/11 victims had pushed hard for it. Most congressional Democrats and Republicans were united in supporting it. Only the executive branch, meaning President Obama, was opposed (more on that in a moment). So the bill passed ... and Obama vetoed it.

The Senate has now overridden his veto, 97–1 (only Harry Reid opposed; two not voting), quickly followed by the House override (348–77).

Here's the write-up via The Hill:
Senate overrides Obama 9/11 veto in overwhelming vote

The Senate voted overwhelmingly on Wednesday to override President Obama’s veto of a bill that would allow the families of 9/11 victims to sue Saudi Arabia.

The 97-1 vote marks the first time the Senate has mustered enough support to overrule Obama’s veto pen.

Senate Minority Leader Harry Reid (D-Nev.) was the sole vote to sustain Obama’s veto. Not a single Democrat came to the Senate floor before the vote to argue in favor of Obama’s position. ...

The White House lashed out at the Senate vote, calling it "embarrassing."

“I would venture to say that this is the single most embarrassing thing that the United States Senate has done, possibly, since 1983,” Obama spokesman Josh Earnest told reporters aboard Air Force One.
 Here's what the legislation (acronym: JASTA) would do:
The legislation ... was crafted primarily at the urging of the families of victims of the Sept. 11, 2001, attacks who want to sue Saudi Arabian officials if they are found to have links to the hijackers who flew planes into the World Trade Center and Pentagon.
Which means the Saudis, naturally, were opposed:
The Saudi Embassy and a high-priced team of lobbyists it hired waged an intense campaign to persuade lawmakers to sustain the override, but it came too late.
So there's money involved, and given the wealth of the Saudis, a lot of it. Still, not enough to "persuade" either house of Congress to support the president's veto.

The Saudi government's opposition is easy to understand — they don't want to be sued for ginning up anti-U.S. terrorism while selling us oil. But what about Obama's opposition?

Obama's Opposition

I'll give you two data points, in the form of administration quotes, that offer an explanation for Obama's veto. First, Obama says he doesn't want to put what's been characterized as "U.S. military, intelligence and foreign service personnel [and] U.S. government assets" at risk. The Hill again:
Obama warned in a veto message to the Senate last week that the bill would improperly give legal plaintiffs and the courts authority over complex and sensitive questions of state-sponsored terrorism.

He also cautioned that it would undermine protections for U.S. military, intelligence and foreign service personnel serving overseas, as well as possibly subject U.S. government assets to seizure. ...

“The consequences of JASTA [the bill] could be devastating to the Department of Defense and its service members — and there is no doubt that the consequences could be equally significant for our foreign affairs and intelligence communities,” [Obama] wrote in the letter, which was later circulated by a public affairs company working for the embassy of Saudi Arabia.
From the last sentence, you can see that the Saudis and Obama are working together on this. No surprise. A little more on what Obama says he fears, via USA Today:
The Justice Against Sponsors of Terrorism Act, or JASTA, would provide an exception to the doctrine of "sovereign immunity," which holds that one country can't be sued in another country's courts. ...

The White House has argued that the bill would prompt other nations to retaliate, stripping the immunity the United States enjoys in other parts of the world. "And no country has more to lose, in the context of those exceptions, than the United States of America..." Earnest said.
Stripping the U.S. of immunity may not be bad. After all, fear of punishment has deterred many destructive deeds, and internationally, we're no angels. But John Cornyn, a sponsor of the bill, argues that this mischaracterizes it, saying the bill "only targets foreign governments who sponsor terrorist attacks on American soil, plain and simple."

If so, is President Obama protecting the U.S., or protecting the Saudis? And if just the latter, why? (I can think of several reasons — for example, America's determined dependence on oil, which ties us to that murderous regime; also, a certain future library and foundation that need funding, plus a regime that likes to contribute to foundations. Among others.)

Second, there's this intriguing bit from an earlier, pre-veto write-up by Reuters:
White House spokesman Josh Earnest told reporters the president will veto Justice Against Sponsors of Terrorism Act within the constitutionally mandated 10-day window, which ends Friday evening.

The Obama administration opposed the bill on grounds that other countries could use the law as an excuse to sue U.S. diplomats, service members or companies.
Notice that Josh Earnest was implicitly quoted in the second paragraph above. "Or companies"? Presumably U.S. companies, based on the construction of the sentence. So how could U.S. companies be sued if the "9/11 families" sued the Saudi government? And which ones?

Did U.S. Companies Help the 9/11 Hijackers?

In the hunt for that information, I found this, from Zero Hedge (emphasis in original):
Unleash the revisionist history. Congress released on Friday a long-classified report exploring the alleged ties of the Saudi Arabian government to the 9/11 hijackers.

The missing 28 pages from the 9/11 report begins as follows:
"While in the United States, some of the September 11 hijackers were in contact with, and received support from, individuals who may be connected to the Saudi Government..."
The "28 pages," the secret document was part of a 2002 congressional investigation of the Sept. 11 attacks and has been classified since the report's completion. As CNN reports, former Sen. Bob Graham, who chaired the committee that carried out the investigation and has been pushing the White House to release the pages, said Thursday he was "very pleased" that the documents would be released.

The pages, sent to Congress by the Obama administration, have been the subject of much speculation over what they might reveal about the Saudi government's involvement in the attacks masterminded by terrorist Osama bin Laden when he led al-Qaeda.The pages were used by the 9/11 Commission as part of its investigation into the intelligence failures leading up to the attacks.

A telephone number found in the phone book of al-Qaeda operative Abu Zubaida, who was captured in Pakistan in March 2002, was for an Aspen, Colo., corporation that managed the "affairs of the Colorado residence of the Saudi Ambassador Bandar," the documents show.
Fascinating. Almost ascends to the level of John LeCarré, but with even larger implications. This much very high level protection of the Saudi government and its ruling family (after all, it's Obama doing the protecting) must mean there's something big, something very high level, to protect.

The 9/11 story is certainly not dead. Thanks to the 9/11 families, we're getting a little bit closer to knowing what actually happened.


Labels: , , , , ,

Today's House Financial Services Committee Meeting Will Demonstrate Why Not All Democrats Measure Up


Sleaze bag Sean Duffy is chair of the Financial Services' Subcommittee on Oversight & Investigations-- Wells Fargo singled him out for this year's biggest bribe. Wonder why!

Today the most corrupted corner of Congress, the House Financial Services Committee, gets to "question" crooked Wells Fargo CEO John Stumpf, who Elizabeth Warren made mince-meat out of last week. Don't expect too many serious holding feet to the fire moments today. Members request getting onto the House Financial Services Committee primarily to be in position to be on the receiving end of the most gigantic flow of bribes in the history of Congress. Since 1990 the Financial Sector has doled out $2,375,923,205 in bribes to members of Congress and candidates for Congress. That's 2.3 BILLION dollars in flat-out bribes. And that's not because banksters are civic-minded! The surest way to get on that gravy train is to get on the House Financial Services Committee. Is it any wonder there is so little oversight of Wall Street predators?

The OpenSecrets chart above-- which only covers 2015-16-- shows the 25 Members of the House who have solicited and taken the most in bribery from the banksters. Shockingly-- or, alas, maybe not-- 13 of the most corrupt are members of the committee that's supposed to be keeping the banksters from ripping off the country, 10 typically crooked Republicans and the 3 most corrupt New Dems in Washington: Patrick Murphy (FL), Kirsten Sinema (AZ) and Jim Himes (CT). Some in Washington joke that when the House Financial Services Committee meets there's quorum for a meeting of the Wall Street owned and operated New Dems, the Republican wing of the Democratic Party.

Thanks to Warren's very public grilling-- flambé-ing?-- of Stumpf last week, on Tuesday Wells Fargo's board of directors announced that they are clawing back $41 million in stock options from the crooked CEO and $19 million from the retired bankster who was directly responsible for the scandal, Carrie Tolstedt. Neither gets a bonus this year and Tolstedt gets no golden parachute severance package. The board also hired a law firm to do an independent investigation. The Labor Department has also launched an investigation of its own. What about the SEC and the Justice Department. What are they waiting for? Sworn affidavits of guilt from Stumpf, Tolstedt and the other top brass at Wells Fargo who ordered the theft of millions of dollars from the bank's customers to boost their annual bonuses?

But who at tomorrow's hearings can we expect any serious oversight from? Certainly not from one of the biggest crooks on the committee of all, Sean Duffy, the head of the Subcommittee on Oversight and Investigations. Duffy took more in bribes from Wells Fargo this cycle than any other member of the committee-- $15,000 this year alone! His Democratic opponent this year back in Wisconsin's 7th CD, Mary Hoeft, issued a statement to residents of northwest Wisconsin saying that "Sean Duffy, chair of a congressional banking oversight subcommittee, accepted more than $400,000 in political contributions from bankers to use against me in this campaign. At the very least, Sean should have acknowledged the ethical dilemma he faced when accepting money from the bankers he oversees. That doesn't appear to be the case. He is doubling down on his efforts to cripple the Consumer's Financial Protection Bureau, the very agency designed by Elizabeth Warren and others to make sure Big Banks are never able to bring our economy to its knees again--an economy where 7 million Americans lost their homes to bankruptcy." (You can contribute to Mary's campaign to replace Duffy here.)

Will Murphy even show up?
All the Republicans on the committee are Wall Street stooges-- them! They will be defending Wall Street with all their might today-- pushing Wall Street's #1 agenda item of destroying the CFPB-- while pretending to be as stern with Strumpf as they sometimes make believe they are with Drumpf. The chairman of the House Financial Services Committee, a notorious criminal from Texas named Jeb Hensarling, has taken more in Wall Street bribes than anyone else currently serving in the House other than Speaker Ryan ($7,202,670 for Hensarling and $8,237,251 for the Beltway media's esteemed Speaker). Other members of the Committee you can be sure will either be licking Strumpf's posterior today or laying low are Ed Royce (R-CA- $6,601,798), Jim Himes (New Dem-CT- $5,374,477), Scott Garrett (R-NJ- $4,874,049), Peter Roskam (R-IL- $4,028,343), Steve Stivers (R-OH- $4,026,487), Vice-Chair Patrick McHenry (R-NC- $3,760,861), Patrick Murphy (New Dem-FL- $3,536,090), and Randy Neugebauer (R-TX-$3,466,470). Other shameless Wall Street hatchet men on the committee include Peter King (R-NY- $2,672,724), Blaine Luetkemeyer (R-MO- $2,275,065), and Frank Lucas (R-OK- $2,066,077).

So who might be worth listening to at the hearings today? Maxine Waters (CA), the ranking Democrat on the committee will probably scorch Wells Fargo and I'd hope that Mike Capuano (MA) and Keith Ellison (MN) get some time. There aren't any other members in that fetid cesspool worth listening to.

Labels: , , ,

Wednesday, September 28, 2016

Who Wants To Double Down On The Catastrophically Failed War On Drugs?


Monday we learned exactly who. House Majority Leader Kevin McCarthy scheduled a debate on Charlie Dent's Dangerous Synthetic Drug Control Act (H.R. 3537) for Monday. It puts 22 synthetic compounds-- including 11 used to create synthetic marijuana (K2 or Spice)-- on Schedule I of the Controlled Substances Act (CSA), forcing mandatory minimum sentences on violators. Proponents of the legislation claim it's meant to combat drug abuse. The vote was 258-101 but it was an interesting breakdown. Most Republicans voted YES and most Democrats voted NO, but that doesn't really tell the story at all. McCarthy and Dent led 192 Republicans to back it and they were joined by 66 mostly right-wing Democrats from the Republican wing of the Democratic Party-- Blue Dogs like Gwen Graham (FL), Henry Cuellar (TX), Kyrsten Sinema (AZ), Jim Cooper (TN), and Brad Ashford (NE) and New Dems like Debbie Wasserman Schultz (FL), Ann Kuster (NH), Patrick Murphy (FL), Gerald Connolly (VA), John Delaney (MD), Jim Himes (CT), Scott Peters (CA), Denny Heck (WA) and drugged up mess Pete Aguilar (CA). Meanwhile, the House Liberty Caucus led the opposition and 20 Republicans joined 81 Democrats in voting against the bill. 72 members-- 33 Republicans and 39 Democrats-- weren't able to vote on the bill at all, many because of air traffic delays.

Most, though not all of the progressives joined Pelosi in voting NO, including Raul Grijalva (AZ), Barbara Lee (CA), Matt Cartwright (PA), Mark Pocan (WI), Judy Chu (CA), Donna Edwards (MD), Jan Schakowsky (IL), Bonnie Watson Coleman (NJ), John Conyers (MI), Mike Honda (CA), and John Lewis (GA). After the vote, Mark Pocan of Madison told us why he and many of his colleagues opposed the legislation. "This bill significantly expands mandatory minimum sentences. We are talking about ruining people’s lives with 20 year mandatory sentences without really thinking through the real issues of the war on drugs. Many of us in Washington are desperately trying to find ways to reform our criminal justice system and rectify the devastating effects of drug addiction, and adding these synthetic drugs as Schedule I is missing the larger point."

Similarly, Donna Edwards told us she sees the bill as "a sad step backwards at a time that the nation should be focused on reforms that roll back the flawed policies of mandatory minimum sentencing that contributed to mass incarceration. The bill adds 22 synthetic drugs to the federal schedule that could result in the imposition of mandatory minimum sentences. The problem of drug abuse that is so destructive to families and communities must be met with smart, fair, and balanced policies that invest in treatment rather than more incarceration."

The companion bill in the Senate was proposed by noted anti-civil libertarians Chuck Grassley and Chuck Schumer. Among the House Republicans more enlightened about how the criminal justice system is evolving than the very involved Schumer, not to mention Grassley, were pretty far right members of Congress like Dave Brat (VA), Tim Huelskamp (KS), Jason Chaffetz (UT), Mark Sanford (SC), Barry Loudermilk (GA), Mick Mulvaney (SC), Justin Amash (MI), Tom McClintock (CA), Raul Labrador (ID), Scott Garrett (NJ) and Mo Brooks (AL), not exactly "bleeding heart liberals."

Labels: , , , ,

How to keep track of the ways a Trump vote is a declaration of suicidal cretinism? "New Yorker" cartoonist David Sipress spotlights one


She asked totally unfair questions and
someone purposely broke my pencil.

by Ken

As I expected, quarantining myself from The Debate didn't protect me from it. As I always say when I explain that I just don't watch campaign debates even when both parties fall within the expanded-normal spectrum of humanity, whatever I need to know about them finds its way to me, in spades. From what I'm gathering, even the astoundingly low expectations The Donald created for himself didn't shield him from a disastrous performance. At the same time, though, as far as I can tell, it doesn't seem to be making any difference in the grand scheme of things.

Understanding the Trump Voter has become a new cottage industry, but it's not enhancing my understanding, which continues to put me in mind of the all-too-forthcoming declaration my college roommate Brian recalled a local pol in his hometown of Manchester, NH, declaring: "Once I make up my mind, I don't let facts get in the way of my opinion."

I understand that those Trump Voters are feeling left out and are willing to sign on to just about any program that offers hope of systemic change. What I don't understand is how they manage not to see -- among the thousands of way sin which even thinking about voting for such a creature is an act of suicidal cretinism -- is that nobody in history has more enthusiastically supported and profited from that system.

Anyway, above we have David Sipress's Daily Cartoon, spotlighting a quality that, again, you'd think would jump out at even the most obstinately unobservant observer: the man's automatic and invariable practice of blaming everything that happens in his miserable existence on somebody else.

Labels: , ,

How Do You Feel About Trump-- Or Any President-- Being Able To Launch A Nuclear First Strike Without Congressional Approval?


Congressman Ted Lieu (D-CA) is worth following on Twitter... even if you don't live in his Los Angeles area district (which stretches from Agoura Hills and Malibu in the north, through Santa Monica, Westwood, Venice and Beverly Hills and down to El Segundo, Manhattan Beach, Torrance, Redondo Beach and Rancho Palos Verdes in the south). He often follows live events unfolding and comments on them with an incredible depth of knowledge and wisdom (and humor) in real time, something few members of Congress are willing to do. This morning I asked him about a bill he and Senator Ed Markey (D-MA) just introduced in both houses of Congress, the Restricting First Use of Nuclear Weapons Act of 2016. The bill is designed to prohibit a President from launching a nuclear first strike without a declaration of war by Congress. "The crucial issue of nuclear first use-- discussed in last evening’s Presidential Debate-- is all the more urgent given the fact that a majority of Americans do not trust Republican Nominee Donald Trump with our nation’s nuclear arsenal."

A full Air Force Colonel in the Air National Reserves, Rep. Lieu expanded on some of his tweeting from the debate. "In last night’s Presidential Debate," he told me, "Donald Trump once again proved that he is categorically unfit to be President of the United States because he lacks the temperament and qualifications to serve as Commander in Chief.  As a result, the crucial issue of first use of nuclear weapons is all the more urgent in light of the possibility that Trump could be sworn in as the 45th President in January 2017.  That’s why Senator Ed Markey and I have introduced the Restricting First Use of Nuclear Weapons Act of 2016.  This legislation would align America’s nuclear weapons policy with the Constitution by prohibiting the President from launching a nuclear first strike without a declaration of war by Congress."

The official press release for the bill emphasizes that "Our Founding Fathers would be rolling over in their graves if they knew the President could launch a massive, potentially civilization-ending military strike without authorization from Congress. Our Constitution created a government based on checks and balances and gave the power to declare war solely to the people’s representatives. A nuclear first strike, which can kill hundreds of millions of people and invite a retaliatory strike that can destroy America, is war. The current nuclear launch approval process, which gives the decision to potentially end civilization as we know it to a single individual, is flatly unconstitutional. I am proud to introduce the Restricting First Use of Nuclear Weapons Act of 2016 with Sen. Markey to realign our nation’s nuclear weapons launch policy with the Constitution."

Markey was very much on the same page: "Nuclear war poses the gravest risk to human survival. Unfortunately, by maintaining the option of using nuclear weapons first in a conflict, U.S. policy increases the risk of unintended nuclear escalation. The President should not use nuclear weapons except in response to a nuclear attack. This legislation enshrines this simple principle into law. I thank Rep. Lieu for his partnership on this common-sense bill during this critical time in our nation’s history."

They enlisted former Secretary of Defense William Perry to help them make the case. He told legislators that during his time at the Pentagon he "never confronted a situation, or could even imagine a situation, in which I would recommend that the President make a first strike with nuclear weapons-- understanding that such an action, whatever the provocation, would likely bring about the end of civilization. I believe that the legislation proposed by Congressman Lieu and Senator Markey recognizes that terrible reality. Certainly a decision that momentous for all of civilization should have the kind of checks and balances on Executive powers called for by our Constitution."

When Ted was first writing the big back in early August, he told us how it had, at least in part, been inspired by Trump's nature. (At the time no one was speculating on Trump's drug addiction the way the whole country is after Monday night's debate and his subsequent denial that he was sniffling for the whole 90 minutes.) "The erratic and impulsive behavior of Republican presidential nominee Donald Trump has highlighted the structural dangers of America’s nuclear weapons launch protocols," he explained almost 2 months ago. "Having taught the Law of War when I served on active duty, and as a graduate of Air War College, it is clear to me that the traditional checks and balances on the Executive branch do not apply when it comes to nuclear weapons. This process needs to be fixed.

"The President does not need approval from Congress or the courts to launch nuclear weapons. All the President needs is the concurrence of the Secretary of Defense, who is appointed by the President.

"When Congress comes back into session," he said at the time, "I plan to introduce legislation that requires the concurrence of leaders in Congress-- who are not beholden to the President-- before a nuclear strike can be launched. We can no longer have the fate of civilization depend on just two people in the Executive Branch."

This isn't a Democratic or a Republican position. It's a constitutional position. I suspect Lieu's bill will get backing from both sides of the aisle, although perhaps some ultra-Trumpists like Texas sociopath Lamar Smith might find it offensive. In any case, please consider letting Ted know you're with him on this by chipping in a couple of bucks towards his reelection campaign.

By the way, 4 polls have come out so far asking who won the debate Monday. And despite Trump's post-debate bluster all 4 are pretty clear who most of the 84 million viewers thought made the better impression. Some deranged people thought Trump won; obviously, mostly people on crack or addicted to prescription drugs. The suburban women who his campaign wanted him to appeal to came away more turned off than ever. The consensus was that he comes across like "a bull in a china shop" and that no one wants their children or grandchildren growing up with him as a figure to emulate or even respect.

Labels: , , , , ,

Obama Administration Quietly Announces Rule Changes, Substantially Weakens Endangered Species Act


Endangered species by county in the U.S. This includes only the species that have been listed, not the many still under (very slow) review. (Source; click to enlarge)

by Gaius Publius

Thanks to Jeffrey St. Clair at Counterpunch for this heads-up...
In related news, the Obama administration quietly announced today drastic rule changes that will substantially weaken the Endangered Species Act by placing complicated and intractable burdens on environmental groups working to protect rare species. The rule changes are deemed a huge gift to the timber, mining and oil cartels.
...we find another of what has to be called a betrayal by Barack Obama, once more selling out the public interest to those with plenty of cash to spread around. In this case it's the big-money people running the industries listed above — timber, mining and oil extraction.

The details, from Lydia Wheeler at The Hill (my emphasis):
Endangered species rule changed, angering environmental group

The Obama administration is changing the process for petitioning the government to protect an endangered or threatened animal.

The U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration (NOAA) Fisheries finalized a rule Monday that changes the process by which species are petitioned for listing, delisting or reclassification under the Endangered Species Act (ESA).

Under the rule, first proposed in May 2015, petitioners will be required to notify each state wildlife agency where a species is located at least 30 days before submitting a petition to the federal government. The delay will gives states an opportunity to provide agencies with pertinent information on the species.

The new rule also restricts the number of species that can be petitioned for at one time. Under the rule, only one species is allowed per petition.
Note that this is being done entirely within the Executive Branch, at Barack Obama's sole discretion. No congressional stimulus was needed.

The lie is in the explanation of this industry-friendly change. As the article notes: "The agencies say the changes will allow them to better leverage limited resources and more effectively conserve America’s imperiled wildlife."

The opposite, of course, is true. The "limited resources" are a result of budget cuts, which means the agency is underfunded, and the statement that the rule will "more effectively" conserve imperiled wildlife, they mean "less effectively." According to Brett Hartl at the Center for Biological Diversity, the change will indeed further weaken enforcement of the Endangered Species Act:
These new restrictions on citizen petitions are nothing more than a gift to industries and right-wing states that are hostile to endangered species. ... These rules make it harder to get imperiled species the Endangered Species Act protections they desperately need and they do nothing to address the backlog of hundreds of imperiled species that are still waiting to get the protections they deserve.
In addition, the change that requires petitioners to notify states prior to petitioning the Fish and Wildlife Service gives developers in those states a nice heads up. 

The piece also notes that a legally mandated two-year process is taking more than a decade for most applications, thus the backlog. Note that the applications place species on the list — until listed, companies can do with them as they choose.

Your bottom line — Would a new Trump administration be almost completely evil, in this and most other regards? Of course. (I'll write more about how it would be evil if it looks like there may be one. Trump would be worse than Bush for one unique and simple reason. He won't be the one governing.)

But will a second Clinton administration be any better at protecting public resources from big-money campaign donors who want to exploit (monetize) and pillage them? Three guesses.


Labels: , , , , ,

Would Trump's Cocaine Addiction Affect His Ability To Be President?


And you wonder why he only sleeps 3 hours a night?

By the time I started working at Warner Bros Records I had long given up drugs, something I left behind with the 1960s, a dear old friend that was no longer part of my life. "Drugs," for the most part meant marijuana. Smoking weed had been an integral part of my college life and it ended there. I was in a sweltering parking lot in my van at the Pakistan-India border on December 1, 1969 when I had a life-changing experience. Instead of having to exercise will power top avoid drugs-- something I sometimes succeeded at and sometimes failed at-- the desire itself was ripped from my body. Thank God! And that was the end of that. A life of drug use was o-v-e-r. The pull wasn't something I had to resist; it no longer existed. And in those years I was smoking pot, I was, less regularly, using other drugs as well. I tried almost everything and I loved some, like acid, and hated others, like DMT. Cocaine was something in between-- something that gave me a lot of pleasure but that I could tell was very bad for me. It wasn't hard for me to stop using it-- considerably before by experience in my VW van on the Pakistan-India border. I never felt the slightest interest in using it since and soon it'll be 50 years!

But I still remember very much what it's like to be high on coke or to be strung out on coke. What time did the debate start last night? 4-5 minutes after 6 (PT)? 10 minutes in-- check the time stamp-- I sensed something crazy about Trump-- I mean crazy in a different than normal Trump crazy way. I had heard rumors in the past that he had a prescription drug problem and certainly what could have happened last night was that he chopped up some adderall of something and snorted it before hitting the stage. Hey, don't be judgmental; different people prepare in different ways. When I was in the midst of chemotherapy, somewhere along the line my doctor prescribed adderall. I hated it. But many people love it and its supposed to be especially helpful for people who, like Trump, have short attention spans. It contains a combination of amphetamine and dextroamphetamine, which stimulate the central nervous system and affect chemicals in the brain and nerves that contribute to hyperactivity and impulse control. Just sayin'. But adderall isn't what I was sensing even in the first few minutes of the debate. Nor were the diet pills (meth) he used to peddle on his pyramid scheme infomercials.

This is what I tweeted 10 minutes in:

Ten minutes later I wasn't laughing. He really was coked up! The next tweet:

Right around that time Hillary was saying, "Donald, I know you live in your own reality." Yeah, he does, but what I was feeling was that at the moment he was living in a cocaine reality. 11 minutes passed and I was positive.

Utterly positive... it was totally affecting his thought and speech patterns, even more than usual:

So was my old friend Susan positive-- and she's very smart:

I was glad I wasn't the only one who noticed. Another old friend, a Warner Bros co-worker, Steve, sent me a photo:

I ran a little poll when I noticed the incoherent babbling was getting worse and worse.

That's when the DWT art director sent me the photo up top. GOP strategist--and hipster-- Rick Wilson seemed to recognize the same same thing:

I wondered why no one in the mainstream media was saying anything about it. Then he started blaming all the sniffing on a "defective mic," something he doubled down on the next morning when he was making a fool of himself on Fox and Friends.

By the end of the night, I was suggesting that Kellyanne check him into one of those fancy Republican Party detox centers where they put their officials when everything explodes on their faces. I learned today that about an hour after I started tweeting about Trump's sniffling and crazy behavior could signify coke use, that Howard Dean had suggested it as well, significant not because of his place in politics but because he's also a medical doctor. On MSNBC Tuesday he explained his tweet to a hostile and especially moronic anchor-- establishment media hates this kind of speculation.
[H]e sniffs during the presentation, which is something that users do. He also has grandiosity, which is something that accompanies that problem. He has delusions. He has trouble with pressured speech. He interrupted Hillary Clinton 29 times. He couldn't keep himself together. So, look, do I think at 70 years old he has a cocaine habit? Probably not. But, you know, it's something that-- I think it would be interesting to ask him and see if he ever had a problem with that.
Dean's right; dummy MSNBC anchor is wrong. But the mainstream media won't go near this with a 10 foot pole. John Podhoretz, once a proud #NeverTrump dude, has been slinking back to the GOP OK Corral the same way Ted Cruz did. He sounded jilted the morning after but nothing to do with the cocaine elephant in the room. Although he found the unhinged Trump "exciting," he also admitted he was "embarrassingly undisciplined." When the coke was sparking all Trump's brain cells in the first 20 minutes, Podhoretz claims he was making sense (at least to inhabitants of RepublicanWorld) but then, as the high started wearing off... Well Podhoretz explained that "due to the vanity and laziness that led him to think he could wing the most important 95 minutes of his life, he lost the thread of his argument, he lost control of his temper and he lost the perspective necessary to correct these mistakes as he went... Trump was reduced to a sputtering mess blathering about Rosie O’Donnell and about how he hasn’t yet said the mean things about Hillary that he is thinking... [H]e went into a bizarre digression in which he alternately wondered whether his son Barron might grow up to become a hacker and defended Vladimir Putin from the accusation Russia had tapped into the Democratic National Committee’s emails (which the FBI says almost certainly happened). That has to count as the biggest choke of his political life... [Everything] was buried inside a weird word salad that reduced its effectiveness to almost nil." If you know anything about coke freaks, that should sound very familiar. And here's the part about Podhoetz feeling jilted:
His supporters should be furious with him, and so should the public in general. By performing this incompetently, by refusing to prepare properly for this exchange, by not learning enough to put meat on the bones of his populist case against Clinton, he displayed nothing but contempt for the people who have brought him this far-- and for the American people who are going to make this momentous decision on Nov. 8.
Canadian journalist John Ibbitson, writing for the Toronto Globe And Mail Tuesday morning felt the decision had been made, namely that no reasonable voter could want Trump as president after the debate. "Trump," he wrote, "was loud, angry, rude, boastful. He bashed China and Mexico, he constantly interrupted, he swaggered and strutted and jutted his chin. Most of all, he described a dying dystopian republic brought to its knees by Hillary Clinton and her friends that he alone could redeem." Sounds like a crazy cokehead to me-- "rambling, bloviating, incoherent, shouting, interrupting, boasting, ridiculing, low-blowing-- while rarely landing a single palpable hit."
And late in the debate, when asked by the moderator why he said he opposed the war in Iraq when in fact he had supported it in 2002, Mr. Trump went off on a rant of such length and violence of tone that millions could only have watched in horror, ending with the audience laughing when he pronounced: “I have a much better temperament than she does.”

He disproved that, however, by then insinuating he knew some terrible secret about Ms. Clinton that he would not repeat, because he was above such things. Simply disgraceful.

...To want Donald Trump as president, you would have to be as angry and bitter as Donald Trump was Monday night.
Or on crack.

Labels: , , , , ,

Tuesday, September 27, 2016

Media Still Unwilling To Say What Everyone Already Knows-- That Christie Ordered Bridge Closure And Coverup


I don't know if politics attracts inherently corrupt individuals or if politics turns weak individuals corrupt, but I'd one of those explanations or the other covers most of the American political establishment. My informed guess is that by the time Chris Christie-- an anti-regulations lobbyist (on behalf of corrupt banksters, the energy industry and for-profit higher education), a former Morris County freeholder and then a Bush appointee to the U.S. Attorney for New Jersey job-- he was already a rotting, stinking cesspool of corruption. All of his early campaigns resulted in lawsuits based on misconduct. As State Attorney, he went after his political foes and get Big Business off again and again. But the media cover Christie as though he was born, immaculately, in the Governor's chair and, at worst, was the victim of nefarious staffers.

Yesterday's NYTimes, in covering two of the country's most egregiously corrupt governors-- Christe and his pal Andrew Cuomo-- was quick to point out that of the 2 criminal masterminds who should be sharing a prison cell, "neither governor is accused of breaking the law" and that the two gang leaders claim "to have been blind to alleged acts of petty revenge and bribery at the highest levels of state government seems bad enough." The Times doesn't point out that the claims are ludicrous.
Each man had cultivated a small group of trusted advisers who, driven by unshakable tribal loyalty and a hunger to see their bosses taste the White House one day, enforced the governor’s will, punished his enemies and rewarded his friends.

For Mr. Christie, they included Bridget Anne Kelly and Bill Baroni, the two former officials currently on trial, and Bill Stepien, his former top lieutenant, an old friend and political operative who left ears ringing across New Jersey on the governor’s behalf.

They met for strategy sessions around Mr. Christie’s kitchen table in Mendham and mingled at N.F.L. games. They worked together to single out local officials who supported the governor’s 2013 re-election bid for perks and to mete out revenge to those who did not-- including Mayor Mark Sokolich of Fort Lee, N.J., a Democrat who, having declined to endorse the governor, got a catastrophic traffic jam in return, prosecutors say.

Their equivalents in Albany were a group of stalwarts who had marched at Mr. Cuomo’s side, in some cases as far back as the administration of Mr. Cuomo’s father, former Gov. Mario M. Cuomo, who became governor in 1983. The men, and they were all men, even had a “term of endearment” for one another, according to the federal criminal complaint released on Thursday: “Herb.” (It remains unclear why.)

Chief among them was Joseph Percoco, who had started working for the elder Mr. Cuomo when he was 19. So high was his place in the family firmament that during Mr. Cuomo’s eulogy for his father in January 2015, he called Mr. Percoco “my father’s third son, who I sometimes think he loved the most.”

It was Mr. Percoco who, everyone in New York’s political establishment understood, woke Mr. Cuomo up in the morning, dispensed threats for him during the day and put him to bed at night.

It was also Mr. Percoco, working with another “Herb” and former Cuomo aide, Todd R. Howe, who shook down a developer and an energy company for at least $315,000 in bribes in exchange for putting his considerable power at their service, prosecutors say.

There was the legal opinion that Mr. Percoco got reversed. The energy policy decisions, made by state experts, that he overrode. The $5,700 raise, the criminal complaint says, that he berated human-resources staff at the governor’s office into approving for the son of an executive who had paid him off.

And there was the fact, apparent from the complaint, that no one in state government questioned his authority to do so.

These days, there is no avoiding the central question: How could the governors not have known?

Mr. Christie has said that while he took ultimate responsibility for the lane closings, it was impossible for him to keep tabs on 65,000 state employees. He was “disturbed,” he said, by Mr. Stepien’s behavior, while Ms. Kelly was “stupid” and “a liar.”

Mr. Cuomo, too, has been moved to muse on personal betrayal.

“The central plank of my administration has always been about public integrity and zero tolerance for any waste, fraud or abuse. If anything, I hold a friend to a higher standard,” he said in Buffalo on Friday. “It’s the first time since we lost my father that I didn’t miss him being here yesterday, because it would’ve broken his heart.”
Precook didn't blink without Cuomo's OK-- and the whole menagerie of crooks in Christie's orbit, Sapien, Wildstein, Baroni and Kelly were less likely to do anything that hadn't been ordered by Christie than his own hands were. The Wall Street Journal story on Monday's trial events referred to Kelly and Baroni as "two former associates of Mr. Christie," as though there were something other than his closely directed operatives.
On trial are Mr. Baroni, deputy executive director of the Port Authority of New York and New Jersey, and Ms. Kelly, a deputy chief of staff to Mr. Christie. Prosecutors say the defendants were part of a scheme to create a traffic jam in Fort Lee, N.J. to punish the borough’s Democratic mayor for not endorsing Mr. Christie, a Republican.

Mr. Christie hasn’t been accused of wrongdoing.

On Monday, the government projected what has become the most well-known exchange of the scandal. On the morning of August 13, 2013, Ms. Kelly emailed Mr. Wildstein, writing “Time for some traffic problems in Fort Lee.” Mr. Wildstein replied, “Got it.”

Mr. Wildstein said he understood from that email it was time to change the lane configurations on the George Washington Bridge.

“Did you think Ms. Kelly was joking?” said Assistant U.S. Attorney Lee Cortes.

“No sir, I did not,” Mr. Wildstein replied.

Shortly after receiving the email, Mr. Wildstein said he called Mr. Baroni.

Prosecutors projected a list of more than a dozen phone calls that took place that day. Most were between Messrs. Wildstein and Baroni. At 5:48 p.m., for 16 minutes and 30 seconds, Ms. Kelly and Mr. Wildstein spoke on the phone, the list showed.

Mr. Cortes, the prosecutor, asked if Ms. Kelly explained why she wanted traffic problems.

She wanted to send a message, Mr. Wildstein replied. “Mayor Sokolich needed to fully understand life would be more difficult in the second Christie term than it had been in the first,” he added.

During August, the three planned their traffic jam, with Mr. Wildstein communicating separately with both of his alleged co-conspirators. Mr. Wildstein came up with the idea of using a traffic study as a cover story, he said, and said he would create a file of documents that would support it. Both Mr. Baroni and Ms. Kelly approved this cover story, Mr. Wildstein said. They also discussed “radio silence,” or the policy of not responding to inquiries about the traffic from local officials.

They planned to not give Fort Lee any advance notice because that would have allowed commuters to change their driving patterns. “The purpose was to create as big a traffic jam as possible,” Mr. Wildstein said.

Another detail was timing. August was considered a little too sleepy, since people tend to go out of town. They considered the week after Labor Day, but nixed that idea, too. Then Mr. Baroni asked when school began. Mr. Wildstein said he looked it up online, then told his boss that the first day of Fort Lee schools was Sept. 9.

Mr. Cortes, the prosecutor, asked how Mr. Baroni responded.

“He smiled and said, ‘Fantastic’,” Mr. Wildstein said.
And this morning-- day 3 of testimony-- Wildstein admitted that he and Baroni spoke with Christie as the traffic on the George Washington Bridge was being blocked... in real time. He also confessed that he had texted Kelly with reports from the clogged bridge on day 2 of the jam they had created and that Kelly texted back, "Is it wrong that I'm smiling?" They ignored repeated pleas from Ft Lee Mayor Mark Sokolich for state assistance. Although the egregiously corrupt Christie Administration was happy to lavish plenty of cash on crooked Democratic Party boss Essex County Executive Joe DiVincenzo, it also came out today that the Christie Administration was looking for a way to bring Jersey City Mayor Steven Fulop-- and his constituents-- some pain for his refusal to back Christie's reelection. I'm not suggesting that Christie was told how many cones blocked each lane. But I am asserting that this could never have happened had Christie not completely approved it in every strategic-- if not tactical-- detail. It will be a great miscarriage of Justice if Christie doesn't wind up in a prison cell.

Labels: , , , , ,

Mr. Trump Is Bad Man


Over the weekend, when the NYTimes published it's largely positive endorsement of Clinton the editors promised an anti-Trump version soon. "Soon" came quickly. Monday they hit the stands with an entirely negative slam against the candidate from down the street who they've known so well for so long: Why Donald Trump Should Not Be President. Even before they could go to town on Trump, his campaign attacked The Times: "The news that the ultra-liberal, elitist, out-of-touch New York Times Editorial Board endorsed an ultra-liberal, elitist, out-of-touch candidate in Hillary Clinton has to be some of the least surprising news ever." Nor is the indictment from Keith Olbermann above-- an addendum to last week's rant-- nor the Trump-goring The Times served up yesterday.

They endeavored to lay out how Trump is selling himself to the voters and "why he can't be believed, starting with the utter nonsense about him being some kind of a "financial wizard who can bring executive magic to government."
Despite his towering properties, Mr. Trump has a record rife with bankruptcies and sketchy ventures like Trump University, which authorities are investigating after numerous complaints of fraud. His name has been chiseled off his failed casinos in Atlantic City.

Mr. Trump’s brazen refusal to disclose his tax returns-- as Mrs. Clinton and other nominees for decades have done-- should sharpen voter wariness of his business and charitable operations. Disclosure would undoubtedly raise numerous red flags; the public record already indicates that in at least some years he made full use of available loopholes and paid no taxes.

Mr. Trump has been opaque about his questionable global investments in Russia and elsewhere, which could present conflicts of interest as president, particularly if his business interests are left in the hands of his children, as he intends. Investigations have found self-dealing. He notably tapped $258,000 in donors’ money from his charitable foundation to settle lawsuits involving his for-profit businesses, according to the Washington Post.
No critique of Trump is complete without mentioning that he's a compulsive-- or in Ted Cruz's words, "pathological"-- liar who virtually never opens his yap without expelling utter bullshit from it.

Trump, who has no experience in national security, declares that he has a plan to soundly defeat the Islamic State militants in Syria, but won’t reveal it, bobbing and weaving about whether he would commit ground troops. Voters cannot judge whether he has any idea what he’s talking about without an outline of his plan, yet Mr. Trump ludicrously insists he must not tip off the enemy.

Another of his cornerstone proposals-- his campaign pledge of a “total and complete shutdown” of Muslim newcomers plus the deportation of 11 million undocumented immigrants across a border wall paid for by Mexico-- has been subjected to endless qualifications as he zigs and zags in pursuit of middle-ground voters.

Whatever his gyrations, Mr. Trump always does make clear where his heart lies-- with the anti-immigrant, nativist and racist signals that he scurrilously employed to build his base.

He used the shameful “birther” campaign against President Obama’s legitimacy as a wedge for his candidacy. But then he opportunistically denied his own record, trolling for undecided voters by conceding that Mr. Obama was a born American. In the process he tried to smear Mrs. Clinton as the instigator of the birther canard and then fled reporters’ questions.

Since his campaign began, NBC News has tabulated that Mr. Trump has made 117 distinct policy shifts on 20 major issues, including three contradictory views on abortion in one eight-hour stretch. As reporters try to pin down his contradictions, Mr. Trump has mocked them at his rallies. He said he would “loosen” libel laws to make it easier to sue news organizations that displease him.

An expert negotiator who can fix government and overpower other world leaders?

His plan for cutting the national debt was far from a confidence builder: He said he might try to persuade creditors to accept less than the government owed. This fanciful notion, imported from Mr. Trump’s debt-steeped real estate world, would undermine faith in the government and the stability of global financial markets. His tax-cut plan has been no less alarming. It was initially estimated to cost $10 trillion in tax revenue, then, after revisions, maybe $3 trillion, by one adviser’s estimate. There is no credible indication of how this would be paid for-- only assurances that those in the upper brackets will be favored.

If Mr. Trump were to become president, his open doubts about the value of NATO would present a major diplomatic and security challenge, as would his repeated denunciations of trade deals and relations with China. Mr. Trump promises to renegotiate the Iran nuclear control agreement, as if it were an air-rights deal on Broadway. Numerous experts on national defense and international affairs have recoiled at the thought of his commanding the nuclear arsenal. Former Secretary of State Colin Powell privately called Mr. Trump “an international pariah.” Mr. Trump has repeatedly denounced global warming as a “hoax,” although a golf course he owns in Ireland is citing global warming in seeking to build a protective wall against a rising sea.

In expressing admiration for the Russian president, Vladimir Putin, Mr. Trump implies acceptance of Mr. Putin’s dictatorial abuse of critics and dissenters, some of whom have turned up murdered, and Mr. Putin’s vicious crackdown on the press. Even worse was Mr. Trump’s urging Russia to meddle in the presidential campaign by hacking the email of former Secretary of State Clinton. Voters should consider what sort of deals Mr. Putin might obtain if Mr. Trump, his admirer, wins the White House.

A change agent for the nation and the world?

There can be little doubt of that. But voters should be asking themselves if Mr. Trump will deliver the kind of change they want. Starting a series of trade wars is a recipe for recession, not for new American jobs. Blowing a hole in the deficit by cutting taxes for the wealthy will not secure Americans’ financial future, and alienating our allies won’t protect our security. Mr. Trump has also said he will get rid of the new national health insurance system that millions now depend on, without saying how he would replace it.

The list goes on: He would scuttle the financial reforms and consumer protections born of the Great Recession. He would upend the Obama administration’s progress on the environment, vowing to “cancel the Paris climate agreement” on global warming. He would return to the use of waterboarding, a torture method, in violation of international treaty law. He has blithely called for reconsideration of Japan’s commitment not to develop nuclear weapons. He favors a national campaign of “stop and frisk” policing, which has been ruled unconstitutional. He has blessed the National Rifle Association’s ambition to arm citizens to engage in what he imagines would be defensive “shootouts” with gunmen. He has so coarsened our politics that he remains a contender for the presidency despite musing about his opponent as a gunshot target.

Voters should also consider Mr. Trump’s silence about areas of national life that are crying out for constructive change: How would he change our schools for the better? How would he lift more Americans out of poverty? How would his condescending appeal to black voters-- a cynical signal to white moderates concerned about his racist supporters-- translate into credible White House initiatives to promote racial progress? How would his call to monitor and even close some mosques affect the nation’s life and global reputation? Would his Supreme Court nominees be zealous, self-certain extensions of himself? In all these areas, Mrs. Clinton has offered constructive proposals. He has offered bluster, or nothing. The most specific domestic policy he has put forward, on tax breaks for child care, would tilt toward the wealthy.

Voters attracted by the force of the Trump personality should pause and take note of the precise qualities he exudes as an audaciously different politician: bluster, savage mockery of those who challenge him, degrading comments about women, mendacity, crude generalizations about nations and religions. Our presidents are role models for generations of our children. Is this the example we want for them?

Labels: , ,

Cruz And Trump-- Not Really That Much Of A Stretch


Saturday afternoon Texas Tribune CEO Evan Smith interviewed Ted Cruz in front of a lively audience in Austin, Texas' capital city, famously described as a big blue dot in a sea of red. When Cruz ran for the Senate he lost Austin-- badly. Travis County gave his opponent, Paul Sadler 224,070 votes (59%) and gave Cruz 133,354 (35%)-- around the same outcome that Obama and Romney had the same day. Austin voters believe in science and knowledge and don't believe in the hogwash that conservative ideologues like Ted Cruz peddle. To stifle it's voice and minimize it's electoral impact, Austin in divided up between 4 congressional districts. One of the congressmen-- far right Republican Lamar Smith, a Trump fanatic, was on the ballot that same day. He won his district, TX-21 61-35% but the Travis County part of the district was a nightmare for him. He lost in his part of Travis County 48,104 (61%) to 25,607 (32%) to Candace Duval, who spent $56,932 to Smith's $1,705,681. Point being: Austin might not be the best audience for Senator Cruz. So I applaud him for going to the University of Texas' Hogg Memorial Auditorium to be grilled-- and he was grilled-- about why he endorsed Trump. Evan Smith did a really good job.

Cruz admitted his decision to endorse Trump was "agonizing." Why agonizing? Check out the video at the bottom of the page. But why did he do it? One-- he gave his word that he would endorse the winner of the GOP primary process, and, two-- he asked the campaign to guarantee him that they would pick Supreme Court nominees from an expanded list (21) of far right judicial extremists-- and they did. If you believe in Ted Cruz and his hope about being a principled, freedom-loving conservative, the story ends there.

If on the other hand, you see Cruz as a crass and craven politician, who was staring at the end of his career after he tried the principled freedom-loving shtik in Cleveland, only to see it collapse catastrophically as Texas Republicans began openly debating who would be a better candidate to take him down in 2018, Rick Perry or Michael McCaul. Parenthetically, McCaul, who married into the Clear Channel fortune and is now one of the richest men in Congress, also has a chunk of Austin in his congressional district and of the 7 counties in the district only Travis County voted against him-- 51,121 (55%) for Tawana Cadien, an African-American nurse, to 37,302 (40%) for him. Cadien had spent $51,855 against McCaul's $1,075,667. On his Facebook post endorsing the same Trump he asserted "is a pathological liar" who "doesn't know the difference between truth and lies," one of his excuses for the endorsement was the time-honored conservative shibboleth-- he prayed on it. Yeah... God wants Ted Cruz to endorse the pathological liar.

Anyway, if you don't see Cruz as the prayerful idealist, you might see that he decided to take the gamble that he'll be accepted back into the Republican mainstream fold now that he's kissed and made up with The Donald. Starting with Austerity-obsessed Paul Ryan, the party establishment has normalized Trump and successfully moved to paint him-- often against his will-- into a Republican-in-good-standing. The GOP grassroots now overwhelming sees him as such. Cruz keeps saying something to the effect of that no matter what one thinks of Trump, Hillary is the greater of two evils. More and more Republicans have been doing so in the last month. Cruz just came late to the party. Oh-- and that party is presided over by Cruz's biggest life-time donor, right-wing sociopath and hedge-fund billionaire Robert Mercer-- who also happens to be Trump's biggest donor and who was loudly pissed off that Cruz wasn't on board.

Glenn Beck says he now wishes he had backed Rubio instead of Cruz. His idol cracked! "For the very first time I heard Ted Cruz calculate. And when that happened, the whole thing fell apart for me. And it’s my fault. It’s my fault for believing men can actually be George Washington. It’s my fault. I should have said, 'You know who can win? You know who can beat Hillary Clinton? Marco Rubio.'"

And the most recent poll of Texas voters shows, predictably enough, the state firmly in Trump's hands-- 42% to 36% among likely voters. Perhaps more concerning to Cruz, though, were the unfavorable numbers immediately before his prayers told him to endorse Trump. "Extremely unfavorable" among likely Texas voters:
Cruz- 33%
Senator John Cornyn- 11%
Governor Greg Abbott- 16%
Lt. Gov. Dan Patrick- 18%
Attorney General Ken Paxton- 13%
Obama- 40%

Labels: , , , ,

Law Firm Files Suit on Behalf of Government Against Giant Chemical Firms; Government Declines to Join


Victims blinded by a methyl isocyanate gas leak from a chemical factory in Bhopal, India, 1984 (source).

by Gaius Publius

This news brought to you by the hashtag #CultureOfCorruption.

There's a fair amount to digest in the news story below, so I'll try to give you the short strokes first:
  • Four huge chemical companies have been lying to the federal government about how dangerous some of its chemicals in consumer products are. These products include mattress foam.
  • A whistleblower apparently went, not to the government, but to a law firm, Kasowitz, Benson, Torres & Friedman — or at least came to the attention of the law firm, then didn't go to the government.
  • The law firm is bringing a lawsuit against these companies, on behalf of the federal government, which has decline to join.
  • The damages sought — $90 billion.
I know there are questions around the way this is playing out. For example, why didn't the whistleblower(s) go to the government? Why isn't the government suing on its own behalf? And so on.

About the first question, I think there's an obvious explanation. The Obama administration treats whistleblowers with disdain, and it also tends to give corporations, especially those with a lot of money to spread around, a considerable pass. After all, today's sued company could be tomorrow's campaign contributor, or employer. For example, Eric Holder came from and went back to a law firm that lobbies for Wall Street banks he himself failed to prosecute as Attorney General.

About the second question, we'll have to see, as this story develops, what the Obama administration will do. But if they do decline to act, it may be time to look again at our hashtag.

Now the story, from Lorainne Chow at EcoWatch (my emphasis):
$90 Billion Whistleblower Suit Filed Against Four of the Nation's Largest Chemical Companies

Four of the country's largest chemical companies have been accused of selling billions of dollars worth of harmful isocyanate chemicals but intentionally concealing their dangers to consumers and the U.S. Environmental Protection Agency (EPA) over the past several decades.

BASF Corporation, Bayer Material Science LLC, Dow Chemical Company and Huntsman International LLC have been named in a False Claims Act (FCA) lawsuit brought by New York law firm Kasowitz, Benson, Torres & Friedman LLP on behalf of the U.S. government.

EcoWatch learned that the recently unsealed whistleblower lawsuit was served on the chemical companies on Wednesday. The lawsuit was originally filed under seal in federal court in Northern California.

Kasowitz brought this action on behalf of itself and the federal government to recover more than $90 billion in damages and penalties under the FCA, which imposes penalties for concealing obligations to the government.

According to a copy of the lawsuit seen by EcoWatch, "Each of these companies is separately liable to the United States Government for billions of dollars in civil reporting penalties, which continue to accumulate by tens of thousands of dollars daily, and for billions of dollars in similarly increasing breach of contract damages."

In the suit, the law firm said that the defendants manufacture and sell isocyanate chemicals such as methylene diphenyl diisocyanate (MDI), polymeric MDI (PMDI) and toluene diisocyanate (TDI). These raw materials make up polyurethane products such as liquid coatings, paints and adhesives; flexible foam used in mattresses and cushions; rigid foam used as insulation; and elastomers used to make automotive interiors.

Occupational Safety and Health Administration (OSHA) states that exposure to isocyanate can irritate the skin and mucous membranes, cause chest tightness and difficult breathing. Isocyanates also include compounds classified as potential human carcinogens and is known to cause cancer in animals.
The piece concludes with this:
According to Andy Davenport of Kasowitz, "The defendants' cover-up implicates major human health concerns. Thankfully, the whistleblower law allows us to assist the federal government in holding these companies responsible for their actions while we alert regulators and the public to the serious undisclosed hazards of these chemicals."
Assisting a government that may not want assisting creates an interesting situation. Because the lawsuit was brought privately, it's (a) civil, not criminal; (b) a potential generator of large fees for the firm (I've seen estimates as high as $27 billion); (c) a suit that may go nowhere.

About (a) — According to one of the links in the above piece, the federal government "has declined to intervene" in this suit, meaning, that it is not joining as a plaintiff. The site states: "The firm brought the action as a qui tam complaint, which is when a whistleblower brings legal action on behalf of the U.S. government. These complaints typically remain under seal while the government reviews them and decides whether to join."

The government has declined the opportunity to join the suit, which means that the law firm is on its own.

About (c) — It may be difficult to sue for unpaid penalties if those penalties were never assessed. reached out to an industry spokesperson and received this reply:
"This qui tam complaint is meritless. Dow has complied with all the federal laws and requirements referenced in the complaint. It is noteworthy that the law firm provided these allegations to the United States Department of Justice, which declined to intervene or take any action in support of the lawsuit. Moreover, the False Claims Act does not allow a claim for unassessed civil penalties."
It may well be that the strategy of the suit is to publicize this, if true, horrendous action and shame the government into acting, either by joining the suit or by suing on its own.

Culture of Corruption

I think it's fair to ask why the government declined to sue, either with the law firm or on its own — or more to the point, is failing to pursue criminal charges for the companies' failing to meet reporting requirements that keep the public from harm. If the allegations are true, and it seems pretty clear they could be, not only were the companies derelict in their duty to the public — in other words, corrupt — but so is the government in its response to this new information.

I don't know if this will go anywhere without greater publicity, but do stay tuned. I think being poisoned by isocyanates in your brand new foam mattress might be something the American consumer may care about.

Bayer and Monsanto

Oh, and if you weren't aware, Bayer, mentioned above, wants to buy Monsanto. Here's why that's a terrible idea. Bayer is also one of the companies whose pesticides are killing bees. None of the people running these companies has your health, or that of our species, at heart.


Labels: , , , , , ,