OPINIONS RANTS RAVES

Those who make peaceful revolution impossible will make violent revolution inevitable.
John F. Kennedy, In a speech at the White House, 1962
35th president of US 1961-1963 (1917 - 1963)

Preying on the Poor

By Barbara Ehrenreich

Individually the poor are not too tempting to thieves, for obvious reasons. Mug a banker and you might score a wallet containing a month’s rent. Mug a janitor and you will be lucky to get away with bus fare to flee the crime scene. But as Business Week helpfully pointed out in 2007, the poor in aggregate provide a juicy target for anyone depraved enough to make a business of stealing from them.

The trick is to rob them in ways that are systematic, impersonal, and almost impossible to trace to individual perpetrators. Employers, for example, can simply program their computers to shave a few dollars off each paycheck, or they can require workers to show up 30 minutes or more before the time clock starts ticking.

Lenders, including major credit companies as well as payday lenders, have taken over the traditional role of the street-corner loan shark, charging the poor insanely high rates of interest. When supplemented with late fees (themselves subject to interest), the resulting effective interest rate can be as high as 600% a year, which is perfectly legal in many states.

It’s not just the private sector that’s preying on the poor. Local governments are discovering that they can partially make up for declining tax revenues through fines, fees, and other costs imposed on indigent defendants, often for crimes no more dastardly than driving with a suspended license. And if that seems like an inefficient way to make money, given the high cost of locking people up, a growing number of jurisdictions have taken to charging defendants for their court costs and even the price of occupying a jail cell.

The poster case for government persecution of the down-and-out would have to be Edwina Nowlin, a homeless Michigan woman who was jailed in 2009 for failing to pay $104 a month to cover the room-and-board charges for her 16-year-old son’s incarceration. When she received a back paycheck, she thought it would allow her to pay for her son’s jail stay. Instead, it was confiscated and applied to the cost of her own incarceration.

Government Joins the Looters of the Poor

You might think that policymakers would take a keen interest in the amounts that are stolen, coerced, or extorted from the poor, but there are no official efforts to track such figures. Instead, we have to turn to independent investigators, like Kim Bobo, author of Wage Theft in America, who estimates that wage theft nets employers at least $100 billion a year and possibly twice that. As for the profits extracted by the lending industry, Gary Rivlin, who wrote Broke USA: From Pawnshops to Poverty, Inc. -- How the Working Poor Became Big Business, says the poor pay an effective surcharge of about $30 billion a year for the financial products they consume and more than twice that if you include subprime credit cards, subprime auto loans, and subprime mortgages.

These are not, of course, trivial amounts. They are on the same order of magnitude as major public programs for the poor. The government distributes about $55 billion a year, for example, through the largest single cash-transfer program for the poor, the Earned Income Tax Credit; at the same time, employers are siphoning off twice that amount, if not more, through wage theft.

And while government generally turns a blind eye to the tens of billions of dollars in exorbitant interest that businesses charge the poor, it is notably chary with public benefits for the poor. Temporary Assistance to Needy Families, for example, our sole remaining nationwide welfare program, gets only $26 billion a year in state and federal funds. The impression is left of a public sector that’s gone totally schizoid: on the one hand, offering safety-net programs for the poor; on the other, enabling large-scale private sector theft from the very people it is supposedly trying to help. 

At the local level though, government is increasingly opting to join in the looting. In 2009, a year into the Great Recession, I first started hearing complaints from community organizers about ever more aggressive levels of law enforcement in low-income areas. Flick a cigarette butt and get arrested for littering; empty your pockets for an officer conducting a stop-and-frisk operation and get cuffed for a few flakes of marijuana. Each of these offenses can result, at a minimum, in a three-figure fine.

And the number of possible criminal offenses leading to jail and/or fines has been multiplying recklessly. All across the country -- from California and Texas to Pennsylvania -- counties and municipalities have been toughening laws against truancy and ratcheting up enforcement, sometimes going so far as to handcuff children found on the streets during school hours. In New York City, it’s now a crime to put your feet up on a subway seat, even if the rest of the car is empty, and a South Carolina woman spent six days in jail when she was unable to pay a $480 fine for the crime of having a “messy yard.” Some cities -- most recently, Houston and Philadelphia -- have made it a crime to share food with indigent people in public places.

Being poor itself is not yet a crime, but in at least a third of the states, being in debt can now land you in jail. If a creditor like a landlord or credit card company has a court summons issued for you and you fail to show up on your appointed court date, a warrant will be issued for your arrest. And it is easy enough to miss a court summons, which may have been delivered to the wrong address or, in the case of some bottom-feeding bill collectors, simply tossed in the garbage -- a practice so common that the industry even has a term for it: “sewer service.” In a sequence that National Public Radio reports is “increasingly common,” a person is stopped for some minor traffic offense -- having a noisy muffler, say, or broken brake light -- at which point the officer discovers the warrant and the unwitting offender is whisked off to jail.

Local Governments as Predators

Each of these crimes, neo-crimes, and pseudo-crimes carries financial penalties as well as the threat of jail time, but the amount of money thus extracted from the poor is fiendishly hard to pin down. No central agency tracks law enforcement at the local level, and local records can be almost willfully sketchy.

According to one of the few recent nationwide estimates, from the National Association of Criminal Defense Lawyers, 10.5 million misdemeanors were committed in 2006. No one would risk estimating the average financial penalty for a misdemeanor, although the experts I interviewed all affirmed that the amount is typically in the “hundreds of dollars.” If we take an extremely lowball $200 per misdemeanor, and bear in mind that 80%-90% of criminal offenses are committed by people who are officially indigent, then local governments are using law enforcement to extract, or attempt to extract, at least $2 billion a year from the poor.

And that is only a small fraction of what governments would like to collect from the poor. Katherine Beckett, a sociologist at the University of Washington, estimates that “deadbeat dads” (and moms) owe $105 billion in back child-support payments, about half of which is owed to state governments as reimbursement for prior welfare payments made to the children. Yes, parents have a moral obligation to their children, but the great majority of child-support debtors are indigent.

Attempts to collect from the already-poor can be vicious and often, one would think, self-defeating. Most states confiscate the drivers’ licenses of people owing child support, virtually guaranteeing that they will not be able to work. Michigan just started suspending the drivers’ licenses of people who owe money for parking tickets. Las Cruces, New Mexico, just passed a law that punishes people who owe overdue traffic fines by cutting off their water, gas, and sewage.

Once a person falls into the clutches of the criminal justice system, we encounter the kind of slapstick sadism familiar to viewers of Wipeout. Many courts impose fees without any determination of whether the offender is able to pay, and the privilege of having a payment plan will itself cost money.

In a study of 15 states, the Brennan Center for Justice at New York University found 14 of them contained jurisdictions that charge a lump-sum “poverty penalty” of up to $300 for those who cannot pay their fees and fines, plus late fees and “collection fees” for those who need to pay over time. If any jail time is imposed, that too may cost money, as the hapless Edwina Nowlin discovered, and the costs of parole and probation are increasingly being passed along to the offender.

The predatory activities of local governments give new meaning to that tired phrase “the cycle of poverty.” Poor people are more far more likely than the affluent to get into trouble with the law, either by failing to pay parking fines or by incurring the wrath of a private-sector creditor like a landlord or a hospital.

Once you have been deemed a criminal, you can pretty much kiss your remaining assets goodbye. Not only will you face the aforementioned court costs, but you’ll have a hard time ever finding a job again once you’ve acquired a criminal record. And then of course, the poorer you become, the more likely you are to get in fresh trouble with the law, making this less like a “cycle” and more like the waterslide to hell. The further you descend, the faster you fall -- until you eventually end up on the streets and get busted for an offense like urinating in public or sleeping on a sidewalk.

I could propose all kinds of policies to curb the ongoing predation on the poor. Limits on usury should be reinstated. Theft should be taken seriously even when it’s committed by millionaire employers. No one should be incarcerated for debt or squeezed for money they have no chance of getting their hands on. These are no-brainers, and should take precedence over any long term talk about generating jobs or strengthening the safety net. Before we can “do something” for the poor, there are some things we need to stop doing to them.

In what seems to be an obvious conclusion to progressives, Economic Policy Institute authors Ross Eisenbrey and Colin Gordon make a strong case that rising income inequality in the United States is linked to the decline in union membership. It seems clear that the sector of society dedicated to fighting on behalf of working families and the middle class, if weakened, would cause a decrease in wages for workers and an increase in profits for the upper one percent. By extension, it seems obvious that the anti-labor policies pursued by conservatives are a direct attack on the middle class and working families:

The passage in 1935 of the National Labor Relations Act, which protected and encouraged unions, sparked a wave of unionization that led to three decades of shared prosperity and what some call the Great Compression: when the share of national income taken by the very rich was cut by one-third. The “countervailing power” of labor unions (not just at the bargaining table but in local, state, and national politics) gave them the ability to raise wages and working standards for members and non-members alike. Both median compensation and labor productivity roughly doubled into the early 1970s. Labor unions both sustained prosperity, and ensured that it was shared; union bargaining power has been shown to moderate the compensation of executives at unionized firms.

However, over the next 30 years—an era highlighted by the filibuster of labor law reform in 1978, the Reagan administration’s crushing of the PATCO strike, and the passage of anti-worker trade deals with Mexico and China—labor’s bargaining power collapsed. The consequences are driven home by the figure below, which juxtaposes the historical trajectory of union density and the income share claimed by the richest 10 percent of Americans. Union membership has fallen and income inequality has worsened—reaching levels not seen since the 1920s.

Union basics the media often gets

 wrong—and ways right-wing messaging

 sneaks into labor coverage

by Laura Clawson for Daily Kos

Two regular features of reporting about unions are sometimes hard to tell apart: A lot of reporters don't know basic facts about labor, and anti-union forces have a powerful PR machine tirelessly working to insert anti-union language into the media as "neutral" language. Some mistakes are just that. They're wrong but not necessarily harmful. Others may have become naturalized, repeated so often that even people who don't intend any harm to unions have picked them up. But it's important to try to get things right, and it's particularly important to combat the spread of right-wing messaging, maybe especially when it's been so successfully inserted into the discourse that people don't recognize it for what it is.

This list isn't anywhere close to exhaustive, but it features a few of the big problems I see repeated the most often.

Big labor—Ooh, scary, right? Not just labor, not just unions, not just millions of working people joined together, fighting together rather than one by one, having hired some lawyers and organizers to represent their interests, but big labor. It must be a fair fight between corporate money and Koch brothers money and U.S. Chamber of Commerce money and big labor money, right? No, of course it's not. But those are the assumptions embedded in the term, which is exactly why it's important to push back on it.

Union boss—Try this: "union leader." Though union officers are elected through different processes, some at conventions at which delegates from around the country vote, some by a vote of the union's entire membership, union officers are elected leaders. The term "union boss" is used to create a false equivalence between the boss in the workplace put there from above who holds the power to hire and fire workers, to promote or discipline them, and the elected union leader.

Merit shop—Any time you see this one, you know that the person using it is straight-up anti-union. "Merit shop" refers to non-union companies, usually construction companies, implying that workers are hired and paid according to their individual merit, not union rules. Of course, it turns out that the individual merit of "merit shop" workers leads to lower pay, fewer benefits and a whole lot of misclassification. One of the particularly Orwellian things about this term is that construction unions and union contractors typically invest heavily in apprenticeship and training, while non-union construction firms are less likely to do so.

Closed shop—This term describes something that doesn't exist under law—a workplace in which only existing union members may be hired. Not only are collective bargaining agreements prohibited from limiting hiring to existing union members, they are prohibited from forcing workers to join the union once hired. Any worker can decline to join a union and pay a fee covering their fair share of the work the union does directly representing them. Yet anti-union organizations like the Associated Builders & Contractors and the U.S. Chamber of Commerce will still use this term, just to see if they can get reporters to quote them doing so without challenging it.

Right to work—We've been over and over the substance of these laws, but the challenge imposed by the name deserves a word. "Right to work" is akin to "death tax" as a right-wing frame. Unfortunately, the right created this law and with it the name, so there's no formal name to call it by that isn't by design an anti-union term. "Right to work" laws don't put anyone to work and they don't give them any right except that to receive benefits that they do not pay for—which is why you'll see such laws referred to as free rider laws or right to work for less laws or no rights at work laws—but the official name they are given says otherwise, and until we have the kind of PR engine and access to powerful people using a pro-union message that has gone into creating anti-union messages, we are stuck grappling with it.

Project Labor Agreements are not union-only—But anti-union groups generally claim they are. Project Labor Agreements govern large construction projects, setting uniform terms across different contractors and different types of work being done on a project. Each PLA is specific to a project, and they can greatly increase efficiency and reduce the risk of interruptions or labor conflict. While PLAs set the same standards for union and non-union contractors on a project, they do not require that all workers or contractors be union. Additionally, they can be used for things like requiring that a percentage of the work on a project be done by local workers or by economically disadvantaged workers.

Union/labor leader—There's nothing wrong with this term if it's correctly applied. But when it's incorrectly applied, take a second to think about why. The key thing here is that only the elected leaders of a union should be called union (or labor) leaders. That's presidents and secretary-treasurers, not political directors and communications staffers. Unions are organizations of workers, and officers are their elected representatives. Staffers are critical to the function of a union, but their role is to execute the interests and the will of the workers who are members of the union, under the direction of the leaders elected by those members. So if you read an article in which someone other than a union president or secretary-treasurer or maybe vice president is described as a union leader, ask yourself: Did the author of this article not know enough about unions to know the difference between an elected leader and a staffer, or is there a political agenda involved in the error? If so, what might it be?

Top union/labor leader—A term to be applied very judiciously. If the full description is "top union leader" and the context is national politics, there's room for legitimate debate about who should be characterized as a "top" labor leader, but it begins with a core of the president and secretary treasurer of the AFL-CIO and the presidents of maybe a dozen of the largest or otherwise most significant unions, and it doesn't extend a whole lot further—certainly not beyond the presidents and secretary-treasurers of national or international unions, and likely not that far. Of course, if "top union leader" is modified somehow—top Los Angeles union leader, top construction union leader—the pool changes.

The AFL-CIO is not a union—The AFL-CIO is often referred to as a union, but in fact, it's a federation of unions. It's in the name! American Federation of Labor-Congress of Industrial Organizations. The AFL-CIO consists of 56 unions, ranging from the very large to the tiny, familiar names like AFSCME and unions you may not have heard of like, say, the Glass, Molders, Pottery, Plastics and Allied Workers International Union. Each of those unions has its own organizational structure, and a voice within the AFL-CIO. This is why, when unions are divided between different candidates in an election, the AFL-CIO may not endorse until late, perhaps after a primary.

THE TRUTH ABOUT THE BOSTON TEA PARTY
                                                                                            by BRYAN NELSON

We all think we know the story of the Boston Tea Party. The tale has an almost fairy-tale quality, told as if it were read from a children’s book. For this author, the memory of the story seems ingrained; The memory goes back as far as any memory concerning our nation’s history. I suspect the story I recall is pretty much the standard version. Early American patriots, aggravated at rising taxes on tea levied against them by the British, dressed up like Native Americans and stormed Boston harbor on one dark night and dumped a bunch of tea into the sea in protest. The story is easy enough to accept. After all, it molds perfectly with so many of the notions we readily come to associate with American patriotism. What could be more fundamentally American than hating taxes? Right?

The standard version of the story is partly true. It was certainly correct that rising taxes were generating tension between the colonies and the British, particularly the taxes issued by the Stamp Act and Townshend Acts (which did, to be fair, include a tax on tea imports). But it wasn’t the taxes themselves that irked the American colonists so much as being taxed without representation. Furthermore, the real catalysis for the Tea Party– the proverbial last straw– was the Tea Act of 1773, which wasn’t a tax increase at all. Rather, it was a monumental tax cut. In fact, it was a monumental corporate tax cut.

I’ll say it again for the sake of resonance: The Boston Tea Party– one of the most fundamental events leading to America’s origin– was really a rebellion against cutting taxes for big business; it wasn’t about a tax increase. More specifically, the Tea Act of 1773 was practically a corporate bail out. The British East India Company was the principle lobby and sole beneficiary of the tax cut, which allowed the Company to transport its cargo of tea so cheaply that local colonial merchants were basically put out of business. The East India Company was a virtual monopoly on the transport of goods to the colonies; and the power of its lobby was at least equivalent to the lobbying power of modern day Big Oil, or the pharmaceutical companies, or other major corporate interests we’re more familiar with today.

Thus, I’m saddened to reveal: most of us don’t know the real story of the Boston Tea Party. As it turns out, what’s really fundamental about being an American is not so much a hatred of taxes (though we don’t have to like them, either) as it is a hatred of corporatism, corporate cronyism in our government, and tax policies which benefit the rich and powerful over the Everyman, or the local American. Early American patriots were inspired toward their exceptional act of independence primarily in resistance to their lack of representation in contrast to the power of a big business lobby.

If the truth about the Boston Tea Party were to properly represent for modern America what it meant to our founding fathers, it ought to be more readily obvious just how shamefully un-American the current political climate has become. The expense on the American taxpayer for corporate welfare, often paid in the form of massive subsidies or grants to giant companies like Enron, Boeing, Halliburton, Mobil Oil, General Motors, IBM, Dow Chemical, or General Electric, now exceeds what we pay for most of our more local needs like housing or health care (not to mention that most of the money for corporate welfare is pilfered directly from the Social Security fund). Which, ultimately, lends to the deepest national debt in our nation’s history, which further confounds the dilemmas faced by middle class Americans, such as the falling value of the dollar and the outsourcing of our jobs.

Subsidies given primarily to large agribusiness farming factories, due to their powerful lobby and cycle of rhetoric and misinformation, are a good example of how America has forgotten what it stands for. Billed to the American public as policy to help the farmer, the truth is that only the few largest agribusinesses get the government-issued financial advantages, leaving local and small-scale farmers– most American farmers– out of business.

Perhaps even scarier is the way the current economic policies and rhetoric of the neo-conservative movement, fostered further by the puppeted, corporate lead of the Bush administration and its predecessors (I primarily mean the multifarious incompetencies of the Reagan administration here), have become the symbolic equivalent of the corrupt British crown, which those Sons of Liberty stood against as they stormed the decks of those East India tea-transporting ships that one dark night long ago in Boston Harbor (it wasn’t that long ago, was it?). Such corporate cronyism is not just un-American. It is fundamentally what Americans fought and died to oppose. It was opposition to these villainous policies (the same policies which we see primarily extolled by cronies on the Right today) which spawned the Boston Tea Party, and our Declaration of Independence.

THANKS BRYAN

The All American Home

Op-Ed Contributors

New York times

A Civil Right to Unionize

FROM the 1940s to the 1970s, organized labor helped build a middle-class democracy in the United States. The postwar period was as successful as it was because of unions, which helped enact progressive social legislation from the Civil Rights Act to Medicare. Since then, union representation of American workers has fallen, in tandem with the percentage of income going to the middle class. Broadly shared prosperity has been replaced by winner-take-all plutocracy.

Corporations will tell you that the American labor movement has declined so significantly — to around 7 percent of the private-sector work force today, from 35 percent of the private sector in the mid-1950s — because unions are obsolete in a global economy, where American workers have to compete against low-wage nonunion workers in other countries. But many vibrant industrial democracies, including Germany, have strong unions despite facing the same pressures from globalization.

Other skeptics suggest that because laws now exist providing for worker safety and overtime pay, American employees no longer feel the need to join unions. But polling has shown that a majority of nonunion workers would like to join a union if they could.

In fact, the greatest impediment to unions is weak and anachronistic labor laws.  It’s time to add the right to organize a labor union, without employer discrimination, to Title VII of the Civil Rights Act, because that right is as fundamental as freedom from discrimination in employment and education. This would enshrine what the Rev. Dr. Martin Luther King Jr. observed in 1961 at an A.F.L.-C.I.O. convention: “The two most dynamic and cohesive liberal forces in the country are the labor movement and the Negro freedom movement.  Together, we can be architects of democracy.”

The 1948 Universal Declaration of Human Rights recognizes that “everyone has the right to form and to join trade unions for the protection of his interests.” The First Amendment has been read to protect freedom of association, and the 1935 National Labor Relations Act recognized the “right to self-organization, to form, join, or assist labor organizations,” but in reality, the opportunity to organize is a right without a remedy.

Firing someone for trying to organize a union is technically illegal under the 1935 act, but there are powerful incentives for corporations to violate this right, in part because the penalties — mitigated back pay after extended hearings — are so weak.

It is noteworthy that American workers in the airline and railway industries, which are governed not by the 1935 law but by a stronger statute, the Railway Labor Act, have much higher rates of unionization.

Past efforts to strengthen labor laws over four decades have gotten bogged down: Congress cannot pass reforms until labor’s political clout increases, but that won’t happen without labor law reform.

The Civil Rights Act of 1964, as amended, has much stronger penalties and procedures than labor laws. Under our proposal, complaints about wrongful terminations for union organizing could still go through the National Labor Relations Board, which has expertise in this field. But the board would employ the procedures currently used by the Equal Employment Opportunity Commission, which provide that after 180 days, a plaintiff can move his or her case from the administrative agency to federal court. There, plaintiffs alleging that they were unfairly dismissed for trying to organize could sue for compensatory and punitive damages and lawyers’ fees, have the opportunity to engage in pretrial legal discovery and have access to a jury — none of which are available under current law.

Our proposal would make disciplining or firing an employee “on the basis of seeking union membership” illegal just as it now is on the basis of race, color, sex, religion and national origin. It would expand the fundamental right of association encapsulated in the First Amendment and apply it to the private workplace just as the rights of equality articulated in the 14th Amendment have been so applied.

The labor and civil rights movements have shared values (advancing human dignity), shared interests (people of color are disproportionately working-class), shared historic enemies (the Jim Crow South was also a bastion of right-to-work laws) and shared tactics (sit-ins, strikes and other forms of nonviolent protest). King, it should be remembered, was gunned down in Memphis in 1968, where he was supporting striking black sanitation workers who marched carrying posters with the message “I Am a Man.” Conceiving of labor organizing as a civil right, moreover, would recast the complexity of labor law reform in clear moral terms.

Some might argue that the Civil Rights Act should be limited to discrimination based on immutable characteristics like race or national origin, not acts of volition. But the act already protects against religious discrimination. Some local civil rights statutes even cover marital status, family responsibilities, matriculation, political affiliation, source of income, or place of residence or business.

Should organizing at work for “mutual aid and protection” not also be covered?

While there are many factors that help explain why the nation has progressed on King’s vision for civil rights while it has moved backward on his goal of economic equality, among the most important is the substantial difference between the strength of our laws on civil rights and labor. It is time to write protections for labor into the Civil Rights Act itself.

Richard D. Kahlenberg, a senior fellow at the Century Foundation, and Moshe Z.Marrvit, a labor and job discrimination lawyer, are the authors of “Why Labor Organizing Should Be a Civil Right: Rebuilding a Middle-Class Democracy by Enhancing Worker Voice.”

Andrew Breitbart: Death of a Douche




So Andrew Breitbart is dead. Here’s what I have to say to that, and I’m sure Breitbart himself would have respected this reaction: Good! Fuck him. I couldn’t be happier that he’s dead.

I say this in the nicest possible way. I actually kind of liked Andrew Breitbart. Not in the sense that I would ever have wanted to hang out with him, or even be caught within a hundred yards of him without a Haz-Mat suit on, but I respected the shamelessness. Breitbart didn’t do anything by halves, and even his most ardent detractors had to admit that he had a highly developed, if not always funny, sense of humor.

For instance, it would be dishonest not to tip a hat to him for that famous scene when he hijacked Anthony Weiner’s own self-immolating "apology" press conference, and held up the entire event by standing at the lectern and congratulating himself at length, before Weiner could let the humiliating healing begin.

For that one, brief, shining moment– still one of the most painful-to-watch YouTube spectacles of all time, right there with Mitt Romney’s priceless attempt at singing "Who Let the Dogs Out?" with a group of black voters in Florida in 2008 – Breitbart could legitimately claim to have the biggest, hairiest balls on earth.  

Watching Weiner apologize to Breitbart later in that same event was certainly chilling for a number of reasons (if I were Weiner, I wouldn’t have apologized to that fucker even under torture) but it was hard not to appreciate the deliciousness of the scene from Breitbart’s point of view. Watching Weiner pause, swallow hard, and make the extraordinary decision to plant his lips squarely on the loathsome Breitbart’s ass on national television, that was like the ultimate Mona Lisa masterpiece of right-wing media provocations. That the outrageous Breitbart was standing right there, looking gorgeously gassy in his unbuttoned shirt, bloated Joey Buttafuoco cheeks and splendiforous silver half-mullet, made the humiliation of the trim and neatly-groomed Weiner even more abject.

Furthermore, the ACORN videos made by Breitbart and his two young acolytes, Hannah Giles and James O’Keefe – it’s hard not to see the inspired humor behind their elaborate stunt. And anyone who’s heard their proposals before ACORN staffers to bring underage girls over the border as part of a white-(or nonwhite-) slaving startup firm, and doesn’t think the ACORN responses (or non-responses, as it were) were shocking, they’re deluding themselves. In the Baltimore office, they ran the whole underage hooker-den spiel past an ACORN staffer, and got the following response: "You are gonna use three of them – they are gonna be under 16, so you is eligible to get child tax credit and additional child tax credit."

That is seriously messed up material. Did they edit the videos heavily? Hell yes. Did they make ACORN’s behavior out to be a lot worse than it was? Absolutely. But there’s no way to watch the raw footage and not grasp how totally nuts some of this ACORN "counseling" was. We have to give Breitbart that.

Breitbart has written some nasty things about me personally, once contrived to publish my private emails online, and even teamed up with Rush Limbaugh to humorously mis-identify me as a behind-the-scenes marionettist of the "media-Democrat industrial complex" (Breitbart thought I was improperly advising Occupy leaders), but all that’s okay. I think today, it’s safe to stand back and simply recognize that while many people go through their lives without leaving distinguishing marks, Andrew Breitbart definitely had his moments.

But he also had enough of a sense of humor to appreciate why someone like me shouldn’t bother to pretend I’m sad he’s dead. He wouldn’t, in my place. So to use one of his favorite words: Good riddance, cocksucker.* Don’t let the door hit you on the way out.

* See the following Breitbart quote: “I like to call someone a raving cunt every now and then, when it’s appropriate, for effect... ‘You cocksucker.’ I love that kind of language.”

UPDATE: Well done, Breitbart fans, well done! In less than 24 hours you’ve hacked into my Wiki page, published my telephone number on Twitter, called the Rolling Stone offices pretending to be outraged “advertisers” (anonymous ones, who hung up before we could figure out which “ads” to pull), and then spent all night calling and texting my phone with various threats and insults, many of them directed at my family. “Better grow eyes in the back of your head,” was one; “I’m going to take a shit on your mother’s grave,” was another; a third called my wife a “piece of shit like you,” and many others called me a “pile of human excrement.”

Those last ones to me were the most interesting because that quote is lifted directly from Breitbart’s own obit of Ted Kennedy, which like me Breitbart ran just hours after his subject died. So that means the writers of these letters knew that what I did was exactly the same as what Breitbart had done, and yet they still found a way to be unironically outraged on Breitbart’s behalf. I thought: “These people don’t even get their own jokes.”

The really crazy thing is that I was sort of trying to be nice to Breitbart – the obit was at least half an homage. Not that I liked the guy, but he did have a few attractive qualities, one of which being the fact that he got a kick out of the nasty things people said about him. He even once had a plan to set up a website encouraging anti-Breitbart abuse, and was going to let it ride for a while, even spending six figures to hire an Obama p.r. flack to make anti-Breitbart posters, until finally revealing that he'd sponsored the whole thing. Would a person like that really expect someone like me to send flowers when he croaked? No way: he’d be insulted if I didn’t give him one last kick in the balls on the way out the door.

But I guess no homage is complete without a celebration of the whole man, and the whole man in this case was not just a guy who once said, “It’s all about a good laugh,” but also someone who liked to publish peoples’ personal information on the internet, hack into private web sites, tell lies in an attempt to get his enemies fired, and incite readers to threats against his targets and their families, including death threats. I left all of that stuff out of my obit, but now, thanks to you readers, that’s all in there as well, leaving, for posterity, a much more complete picture of the man.


UC Davis Pepper-Spray Incident Reveals Weakness Up Top

POSTED: 2011

Was absolutely mesmerized last night watching the viral video of the UC-Davis pepper-spraying.  It was totally amazing, simultaneously one of most depressing and inspiring things I’ve seen in many years.



To recap for those who haven’t seen it: police in paramilitary gear line up in front of a group of Occupy protesters peacefully assembled on a quad pathway. Completely unprovoked, police decide to douse the whole group of sitting protesters with pepper spray. There is crying and chaos and panic, but the wheezing protesters sit resolutely in place and refuse to move despite the assault.

Finally, in what to me is the most amazing part, the protesters gather together and move forward shouting “Shame On You! Shame On You!” over and over again. You can literally see the painful truth of those words cutting the resolve of the policemen and forcing them backwards.

Glenn Greenwald’s post at Salon says this far better than I can, but there are undeniable conclusions one can draw from this incident. The main thing is that the frenzied dissolution of due process and individual rights that took took place under George Bush’s watch, and continued uncorrected even when supposed liberal constitutional lawyer Barack Obama took office, has now come full circle and become an important element to the newer political controversy involving domestic/financial corruption and economic injustice.

As Glenn points out, when we militarized our society in response to the global terrorist threat, we created a new psychological atmosphere in which the use of force and military technology became a favored method for dealing with dissent of any kind. As Glenn writes:

The U.S. Government — in the name of Terrorism — has aggressively para-militarized the nation’s domestic police forces by lavishing them with countless military-style weapons and other war-like technologies, training them in war-zone military tactics, and generally imposing a war mentality on them. Arming domestic police forces with para-military weaponry will ensure their systematic use even in the absence of a Terrorist attack on U.S. soil… It’s a very small step to go from supporting the abuse of defenseless detainees (including one's fellow citizens) to supporting the pepper-spraying and tasering of non-violent political protesters.

Why did that step turn out to be so small? Because of the countless decisions we made in years past to undermine our own attitudes toward the rule of law and individual rights. Every time we looked the other way when the president asked for the right to detain people without trials, to engage in warrantless searches, to eavesdrop on private citizens without even a judge knowing about it, we made it harder to answer the question: What is it we’re actually defending?

In another time, maybe, we might have been able to argue that we were using force to defend the principles of modern Western civilization, that we were "spreading democracy."

Instead, we completely shat upon every principle we ever stood for, stooping to torture and assassination and extrajudicial detention.

From the very start we unleashed those despotic practices on foreigners, whom large pluralities of the population agreed had no rights at all. But then as time went on we started to hear about rendition and extralegal detention cases involving American citizens, too, though a lot of those Americans turned out to be Muslims or Muslim-sympathizers, people with funny names.

And people mostly shrugged at that, of course, just as they shrugged for years at the insane erosion of due process in the world of drug enforcement. People yawned at the no-knock warrants and the devastating parade of new consequences for people with drug convictions (depending on the state, losing the right to vote, to receive educational aid, to live in public housing, to use food stamps, and so on).

They didn’t even care much about the too-innocuously-named new practice of "civil asset forfeiture," in which the state can legally seize the property of anyone, guilty or innocent, who is implicated in a drug investigation – a law that permits the state to unilaterally deem property to be guilty of a crime.

The population mostly blew off these developments, thinking that these issues only concerned the guilty, terrorists, drug dealers, etc. And they didn’t seem to worry very much when word leaked out that the state had struck an astonishingly far-reaching series of new cooporative arrangements with the various private telecommunications industries. Nobody blinked when word came out that the government was now cheerfully pairing up with companies like AT&T, Verizon and BellSouth to monitor our phone and Internet activities.

Who cared? If you don’t have anything to hide, the thinking went, it shouldn’t bother you that the government might be checking your phone records, seeing what sites you’ve been visiting, or quietly distributing armored cars and submachine guns to every ass-end suburban and beyond-suburban police force in America.

We had all of these arguments in the Bush years and it’s nothing new to assert that much of our population made a huge mistake in giving up so many of our basic rights to due process. What’s new is that we’re now seeing the political consequences of those decisions.

Again, when we abandoned our principles in order to use force against terrorists and drug dealers, the answer to the question, What are we defending? started to change.

The original answer, ostensibly, was, "We are defending the peaceful and law-abiding citizens of the United States, their principles, and everything America stands for."

Then after a while it became, "We’re defending the current population of the country, but we can’t defend the principles so much anymore, because they weigh us down in the fight against a ruthless enemy who must be stopped at all costs."

Then finally it became this: “We are defending ourselves, against the citizens who insist on keeping their rights and their principles.”

What happened at UC Davis was the inevitable result of our failure to make sure our government stayed in the business of defending our principles. When we stopped insisting on that relationship with our government, they became something separate from us.

And we are stuck now with this fundamental conflict, whereby most of us are insisting that the law should apply equally to everyone, while the people running this country for years now have been operating according to the completely opposite principle that different people have different rights, and who deserves what protections is a completely subjective matter, determined by those in power, on a case-by-case basis.

Not to belabor the point, but the person who commits fraud to obtain food stamps goes to jail, while the banker who commits fraud for a million-dollar bonus does not. Or if you accept aid in the form of Section-8 housing, the state may insist on its right to conduct warrantless "compliance check" searches of your home at any time – but if you take billions in bailout aid, you do not even have to open your books to the taxpayer who is the de facto owner of your company.

The state wants to retain the power to make these subjective decisions, because being allowed to selectively enforce the law effectively means they have despotic power. And who wants to lose that?

The UC Davis incident crystallized all of this in one horrifying image. Anyone who commits violence against a defenseless person is lost. And the powers that be in this country are lost. They’ve been going down this road for years now, and they no longer stand for anything.

All that tricked-up military gear, with that corny, faux-menacing, over-the-top Spaceballs stormtrooper look that police everywhere seem to favor more and more – all of this is symbolic of the increasingly total lack of ideas behind all that force.

It was bad enough when we made police defend the use of torture and extrajudicial detention. Now they’re being asked to defend mass theft, Lloyd Blankfein’s bailout-paid bonus, the principle of Angelo Mozilo not doing jail time, and 28% credit card interest rates.

How strong can anyone defending those causes be? These people are weak and pathetic, and they’re getting weaker. And boy, are they showing it. Way to gear up with combat helmets and the submachine guns, fellas, to take on a bunch of co-eds sitting Indian-style on a campus quad. Maybe after work you can go break up a game of duck-duck-goose at the local Chuck E Cheese. I’d bring the APC for that one.

Bravo to those kids who hung in there and took it. And bravo for standing up and showing everyone what real strength is. There is no strength without principle. You have it. They lost it. It’s as simple as that.



Oligarchy, American Style

by Paul Krugman

Inequality is back in the news, largely thanks to Occupy Wall Street, but with an assist from the Congressional Budget Office. And you know what that means: It’s time to roll out the obfuscators!

Anyone who has tracked this issue over time knows what I mean. Whenever growing income disparities threaten to come into focus, a reliable set of defenders tries to bring back the blur. Think tanks put out reports claiming that inequality isn’t really rising, or that it doesn’t matter. Pundits try to put a more benign face on the phenomenon, claiming that it’s not really the wealthy few versus the rest, it’s the educated versus the less educated.

So what you need to know is that all of these claims are basically attempts to obscure the stark reality: We have a society in which money is increasingly concentrated in the hands of a few people, and in which that concentration of income and wealth threatens to make us a democracy in name only.

The budget office laid out some of that stark reality in a recent report, which documented a sharp decline in the share of total income going to lower- and middle-income Americans. We still like to think of ourselves as a middle-class country. But with the bottom 80 percent of households now receiving less than half of total income, that’s a vision increasingly at odds with reality.

In response, the usual suspects have rolled out some familiar arguments: the data are flawed (they aren’t); the rich are an ever-changing group (not so); and so on. The most popular argument right now seems, however, to be the claim that we may not be a middle-class society, but we’re still an upper-middle-class society, in which a broad class of highly educated workers, who have the skills to compete in the modern world, is doing very well.

It’s a nice story, and a lot less disturbing than the picture of a nation in which a much smaller group of rich people is becoming increasingly dominant. But it’s not true.

Workers with college degrees have indeed, on average, done better than workers without, and the gap has generally widened over time. But highly educated Americans have by no means been immune to income stagnation and growing economic insecurity. Wage gains for most college-educated workers have been unimpressive (and nonexistent since 2000), while even the well-educated can no longer count on getting jobs with good benefits. In particular, these days workers with a college degree but no further degrees are less likely to get workplace health coverage than workers with only a high school degree were in 1979.

So who is getting the big gains? A very small, wealthy minority.

The budget office report tells us that essentially all of the upward redistribution of income away from the bottom 80 percent has gone to the highest-income 1 percent of Americans. That is, the protesters who portray themselves as representing the interests of the 99 percent have it basically right, and the pundits solemnly assuring them that it’s really about education, not the gains of a small elite, have it completely wrong.

If anything, the protesters are setting the cutoff too low. The recent budget office report doesn’t look inside the top 1 percent, but an earlier report, which only went up to 2005, found that almost two-thirds of the rising share of the top percentile in income actually went to the top 0.1 percent — the richest thousandth of Americans, who saw their real incomes rise more than 400 percent over the period from 1979 to 2005.

Who’s in that top 0.1 percent? Are they heroic entrepreneurs creating jobs? No, for the most part, they’re corporate executives. Recent research shows that around 60 percent of the top 0.1 percent either are executives in nonfinancial companies or make their money in finance, i.e., Wall Street broadly defined. Add in lawyers and people in real estate, and we’re talking about more than 70 percent of the lucky one-thousandth.

But why does this growing concentration of income and wealth in a few hands matter? Part of the answer is that rising inequality has meant a nation in which most families don’t share fully in economic growth. Another part of the answer is that once you realize just how much richer the rich have become, the argument that higher taxes on high incomes should be part of any long-run budget deal becomes a lot more compelling.

The larger answer, however, is that extreme concentration of income is incompatible with real democracy. Can anyone seriously deny that our political system is being warped by the influence of big money, and that the warping is getting worse as the wealth of a few grows ever larger?

Some pundits are still trying to dismiss concerns about rising inequality as somehow foolish. But the truth is that the whole nature of our society is at stake.

Unions Are the Only Ones Keeping the Barbarians at the Gate, Says Biden
On Labor Day, despite all the focus on Jimmy Hoffa's comments, it was actually Vice President Joe Biden whose speech was the most important one of the day. He gave the type of speech that labor supporters have long wanted to hear from the White House. The speech was fiery and was an accurate portrayal of the struggle that labor faces in the United States. The problem is we should've heard this speech from the president and it should've been given years ago and been matched with significant action. If the vice president finds him self unemployed in January 2013, this failure might be a key reason as to why.
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