November 2013 archive

Transgender Day of Remembrance, 2013


The Transgender Day of Remembrance was set aside to memorialize those who were killed due to anti-transgender hatred or prejudice.  The event is held in November to honor Rita Hester, whose murder on November 28th, 1998 kicked off the “Remembering Our Dead” web project and a San Francisco candlelight vigil in 1999.  Rita Hester’s murder – like most anti-transgender murder cases – has yet to be solved.

–Gwendolyn Ann Smith, founder

Normally TDoR is observed on November 20, but I am a worker.

The list is lengthy, as it seems to be every year.  And this list is incomplete.  I’d estimate that it represents about a quarter of those gender-variant people who were killed for being differently gendered since last November.  Transgender Europe will release a more complete number, for the calendar year of 2013, in the future.

We matter!

We shall strive not to forget.

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Cartnoon

On This Day In History November 22

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

November 22 is the 326th day of the year (327th in leap years) in the Gregorian calendar. There are 39 days remaining until the end of the year.

On this day in 1990, Margaret Thatcher, the first woman prime minister in British history, announces her resignation after 11 years in Britain’s top office.

Margaret Hilda Thatcher, Baroness Thatcher, LG, OM, PC, FRS (born 13 October 1925) served as Prime Minister of the United Kingdom from 1979 to 1990 and Leader of the Conservative Party from 1975 to 1990. Thatcher is the only woman to have held either post.

Born in Grantham in Lincolnshire, United Kingdom, Thatcher went to school at Kesteven and Grantham Girls’ School in Grantham, where she was head girl in 1942-43. She read chemistry at Somerville College, Oxford and later trained as a barrister. She won a seat in the 1959 general election, becoming the MP for Finchley as a Conservative. When Edward Heath formed a government in 1970, he appointed Thatcher Secretary of State for Education and Science. Four years later, she backed Keith Joseph in his bid to become Conservative Party leader but he was forced to drop out of the election. In 1975 Thatcher entered the contest herself and became leader of the Conservative Party. At the 1979 general election she became Britain’s first female Prime Minister.

In her foreword to the 1979 Conservative manifesto, Thatcher wrote of “a feeling of helplessness, that a once great nation has somehow fallen behind.” She entered 10 Downing Street determined to reverse what she perceived as a precipitate national decline. Her political philosophy and economic policies emphasised deregulation, particularly of the financial sector, flexible labour markets, and the selling off and closing down of state owned companies and withdrawing subsidy to others. Amid a recession and high unemployment, Thatcher’s popularity declined, though economic recovery and the 1982 Falklands War brought a resurgence of support and she was re-elected in 1983. She took a hard line against trade unions, survived the Brighton hotel bombing assassination attempt and opposed the Soviet Union (her tough-talking rhetoric gained her the nickname the “Iron Lady”); she was re-elected for an unprecedented third term in 1987. The following years would prove difficult, as her Poll tax plan was largely unpopular, and her views regarding the European Community were not shared by others in her Cabinet. She resigned as Prime Minister in November 1990 after Michael Heseltine’s challenge to her leadership of the Conservative Party.

Thatcher’s tenure as Prime Minister was the longest since that of Lord Salisbury and the longest continuous period in office since Lord Liverpool in the early 19th century. She was the first woman to lead a major political party in the United Kingdom, and the first of only four women to hold any of the four great offices of state. She holds a life peerage as Baroness Thatcher, of Kesteven in the County of Lincolnshire, which entitles her to sit in the House of Lords.

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Robert Reich on Income Inequality

Reich: How Unequal Can America Get?

Inequality for All

Congressional Game of Chicken: Harry Finally Did It

Cross posted from The Stars Hollow Gazette

After months of Republican obstruction, the Senate Democrats voted to end the need for 60 votes to bring the name of a executive or judicial nominee to the floor for approval. The vote to end filibuster passes 52 to 48 with three Democrats voting against the change, Senator Carl Levin (MI), Joe Manchin (WV) and Mark Pryor (AR).

With the rare presence of all 100 senators seated and Sen. Pat Leahy (D-VT) presiding as the president pro tempore, the change began when Majority Leader Harry Reid (D-NV) called up the nomination of Patricia Millett to the D.C. Circuit Court of Appeals for another vote. Senate Minority Leader Mitch McConnell (R-Ky.) then called for a five hour recess for time to find a resolution to void the rules change. That motion failed 46 – 54.

Reid opened debate in the morning by saying that it has become “so, so very obvious” that the Senate is broken and in need of rules reform. He rolled through a series of statistics intended to demonstrate that the level of obstruction under President Barack Obama outpaced any historical precedent.

Half the nominees filibustered in the history of the United States were blocked by Republicans during the Obama administration; of 23 district court nominees filibustered in U.S. history, 20 were Obama’s nominees, and even judges that have broad bipartisan support have had to wait nearly 100 days longer, on average, than President George W. Bush’s nominees.

“It’s time to change before this institution becomes obsolete,” he said, citing scripture — “One must not break his word” — in accusing Minority Leader McConnell (R-Ky.) of breaking his promise to work in a more bipartisan fashion.

McConnell responded to Reid by changing the subject to the Affordable Care Act and accusing Democrats of trying to distract Americans from the law’s troubled rollout. Getting around to fidelity, McConnell noted that Reid had said in July that “we’re not touching judges,” yet he was now choosing to do so. Reid casually brushed off his suit coat and sat down.

The Senate has finally put a partial end to a stupid rule that was originally intended to extend debate not block it. Now that the Democrats have shown some spine, the next move is to end the 60 vote threshold altogether.

Boom

Reid, Democrats trigger ‘nuclear’ option; eliminate most filibusters on nominees

By Paul Kane, Washington Post

Updated: Thursday, November 21, 1:11 PM

The partisan battles that have paralyzed Washington in recent years took a historic turn on Thursday, when Senate Democrats eliminated filibusters for most presidential nominations, severely curtailing the political leverage of the Republican minority in the Senate and assuring an escalation of partisan warfare.

The rule change means federal judge nominees and executive-office appointments can be confirmed by a simple majority of senators, rather than the 60-vote super majority that has been required for more than two centuries.

The change does not apply to Supreme Court nominations. But the vote, mostly along party lines, reverses nearly 225 years of precedent and dramatically alters the landscape for both Democratic and Republican presidents, especially if their own political party holds a majority of, but fewer than 60, Senate seats.



The vote to change the rule passed 52-48. Three Democrats – Sens. Carl Levin (D-Mich.), Joe Manchin (D-W.Va.) and Mark Pryor (D-Ark.) – joined with 45 Republicans in opposing the measure. Levin is a longtime senator who remembers well the years when Democratic filibusters blocked nominees of Republican presidents; Manchin and Pryor come from Republican-leaning states.



(T)he impact of the move is be more far-reaching. The means for executing this rules change – a simple-majority vote, rather than the long-standing two-thirds majority required to change the chamber’s standing rules – is more controversial than the actual move itself.

Many Senate majorities have thought about using this technical maneuver to get around centuries of parliamentary precedent, but none has done so in a unilateral move on a major change of rules or precedents. This simple-majority vote has been executed in the past to change relatively minor precedents involving how to handle amendments; for example, one such change short-circuited the number of filibusters that the minority party could deploy on nominations.

Congressional Game of Chicken: Filibuster Reform May Have Met Its Time

Yes, I know. It deja vu all over again, as Yogi would say. Lucy will snatch the football away again and whatever cliche that fits. Only this time the Republicans have boxed themselves in with their arguments over their blocking of President Barack Obama’s last three judicial appointments to the vacancies on the DC Circuit Court of Appeals. This is Greg Sargent’s assessment after the last filibuster of nominee Robert Wilkins, who is currently a U.S. District Court judge in Washington.

Senator Harry Reid appears set to go nuclear – before Thanksgiving. [..]

Reid has concluded Senate Republicans have no plausible way of retreating from the position they’ve adopted in this latest Senate rules standoff, the aide says. Republicans have argued that in pushing nominations, Obama is “packing” the court, and have insisted that Obama is trying to tilt the court’s ideological balance in a Democratic direction – which is to say that the Republican objection isn’t to the nominees Obama has chosen, but to the fact that he’s trying to nominate anyone at all.

Reid believes that, having defined their position this way, Republicans have no plausible route out of the standoff other than total capitulation on the core principle they have articulated, which would be a “pretty dramatic reversal,” the aide continues.

“They’ve boxed themselves in – their position allows them no leeway,” the aide says, in characterizing Reid’s thinking. “This is not a trumped up argument about the qualification of a nominee. They are saying, `we don’t want any nominees.'”

The aide says Reid believes he now has 51 Dem Senators behind a rules change, if it comes down to it. The Huffington Post reports that some Dem Senators who have previously opposed changing the rules – such as Barbara Boxer and Dianne Feinstein – are now open to it. “I believe that we are there,” the aide tells me.

With Boxer, Feinstein and Pat Leahy (D-VT) aboard, even if Senators Max Baucus (D-MT) and Claire McCaskill (D-MO) are noncommittal and Sen. Carl Levin (D-MI) firmly opposed, Reid ]may well have the 51 votes to reform. Reid met Wednesday with the advocates of reform and an invitation went out from Reid for a meeting on Thursday to discuss the rules change.

In an interview with The Huffington Post on Wednesday, Sen. Jeff Merkley (D-Ore.), one of the loudest champions of narrowing the filibuster, insisted that this wouldn’t be yet another instance of the football being placed invitingly in front of Charlie Brown’s foot. After a showdown this January resulted in a toothless set of procedural changes and another standoff this summer resulted in a fleeting pact between the parties, Democrats are beyond frustrated, the Oregon Democrat said. [..]

Aides on the Hill are equally adamant that this isn’t some big bluff on Reid’s part. One top aide told The Huffington Post that even if Republicans simply allowed for up-and-down votes on the president’s three nominees to the U.S. Court of Appeals for the District of Columbia Circuit (the nexus of this current filibuster fight) it wouldn’t dramatically alter the party’s thinking.

Chris Hayes, host of MSNBC’s All In, discussed why Harry Reid should use the nuclear option with Senator Jeff Merkley Dahlia Lithwick and Alan Frumin.

Reid is expected to move on reform before Thanksgiving. It could come as early as Friday. I am not holding my breath.

Cartnoon

Hospital Heros? It’s the same damn program!

In March 2004, the Justice Department under Ashcroft ruled that the Stellar Wind domestic intelligence program was illegal. The day after the ruling, Ashcroft became critically ill with acute pancreatitis. President Bush sent his White House Counsel Alberto Gonzales and Chief of Staff Andrew Card Jr. to Ashcroft’s hospital bed. They wanted him to sign a document reversing the Justice Department’s ruling. But the semi-conscious Ashcroft refused to sign; Acting Attorney General James Comey and Jack Goldsmith, head of the Office of Legal Counsel for DOJ, were there to back him up. Bush reauthorized the operation by executive decision, over formal Justice Department objections.

Also there was FBI Director Robert Mueller.  None of them, neither Ashcroft nor Comey nor Goldsmith nor Mueller was any sort of hero.  The program continues to this day, it’s merely been renamed.

8 Years Later, NSA Still Using Same PR Strategy to Hide Illegal Wiretap Program

by emptywheel

Posted on November 21, 2013

Between these two posts (one, two), I’ve shown that the Executive Branch never stopped illegally wiretapping Americans, even after the worst part of it got “shut down” after the March 2004 hospital confrontation. Instead, they got FISC to approve collection with certain rules, then violated the rules consistently. When that scheme was exposed with the transition between the Bush and Obama Administrations, the Executive adopted two new strategies to hide the illegal wiretapping. First, simply not counting how many Americans they were illegally wiretapping, thus avoiding explicit violation of 50 USC 1809(a)(2). And, starting just as the Executive was confessing to its illegal wiretapping, moving – and expanding it – overseas. Given that they’re collecting content, that is a violation in spirit, at least, of Section 704 of FISA Amendments Act, which requires a warrant for wiretapping an American overseas (the government probably says this doesn’t apply because GCHQ does much of the wiretapping).

One big discovery the Snowden leaks have shown us, then, is that the government has never really stopped Bush’s illegal wiretapping program.



When WSJ reported that the NSA has access to 75% of the Internet traffic in the US, I Con released a misleading rebuttal. When, in the wake of a NYT report that NSA and GCHQ were using vastly expanded contact chaining (which we now know was initiated just as the illegal domestic program was being revealed) to produce dossiers on people, even inattentive members of Congress started asking about upstream collection and EO 12333 violations, top officials first distorted the questions then refused to answer them. When various outlets in Europe revealed how much spying NSA and GCHQ were doing on Europeans, the I Con unleashed their secret weapon, the “conjunction,” which succeeded in getting most National Security journalists to forget about GCHQ’s known, voracious collection.

Then there’s the response to WaPo’s report that NSA had returned to its old ways of stealing data from Google and Yahoo. At first, I thought they were just engaging in their typical old non-denial denials. They were doing that, sure, but as Bart Gellman revealed during his debate with Michael Hayden (just after 44:00), they also tried to undermine WaPo’s report by refusing to engage at all.



In response to this treatment, the WaPo did a remarkable fisking of Administration pushback claims and – in the process – released more sensitive documents to prove they were right. Ha!

Almost 8 years ago, when NYT revealed the illegal wiretap program, the Bush Administration largely succeeded in hiding the biggest legal problems with the program by focusing attention on just a small fraction of the program, which they dubbed the “TSP,” while hiding the rest. Remarkably, the I Con is still using precisely the same strategy to hide what remains structurally the same illegal wiretap program that has, however, ballooned in size.

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