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The NDAA Passes the House with Indefinite Detention Intact

Cross posted from The Stars Hollow Gazette

 The National Defense Authorization Act passed the House  a vote of 299 – 110. It passed without the bipartisan amendment that was proposed by Reps. Adam Smith (D-Wash.) and Justin Amash (R-Mich.)  which would have prohibited indefinite detention without due process . It failed by a vote of 243 – 173.  House Republicans piled on the fear factor with accusations that the amendment and its supporters were “soft on terrorist”. Adam Serwer recounts in his article in Mother Jones how Smith and Amash were accused of having “[collaborated on a nefarious plot to undermine national security”:

“Rep. Tom Rooney (R-Fla.) accused the lawmakers of wanting to “coddle terrorists,” while Rep. Mac Thornberry (R-Tex.) warned that under an amendment they’d introduced, “as soon as a member of Al Qaeda sets foot on US soil, they hear you have the right to remain silent.” National Review’s Andrew C. McCarthy, a former federal prosecutor who has never heard of a same-sex marriage supporting, pro-financial regulation liberal who wasn’t secretly a member of the Muslim Brotherhood, wrote that their proposal was the result of “libertarian extremists” teaming up with liberals with an “obsession” with giving “more rights” to “mass murderers.” ”

We now know that there are 231 paranoid delusion Republicans in the House that no longer believe in the rule of law or the Constitution of the United States:

“As Smith pointed out during yesterday’s floor debate, the Fifth Amendment says no “person” shall be deprived of liberty without due process of law. It doesn’t say “citizen,” and the text of the Constitution uses both words enough that it’s clear the framers understood the difference. “Your beef is with James Madison,” Smith told Thornberry on Thursday. So keep in mind, when Republicans like Rooney say that Smith and Amash want to “coddle terrorists,” they’re not necessarily talking about some heavily armed Al Qaeda fighter in Kandahar. They’re potentially talking about you.”

Besides passing without the Smith/Amash amendment, the $642 billion bill breaks a deficit-cutting deal with President Barack Obama and restricts his authority in an election-year challenge to the Democratic commander in chief. The bill also calls for construction of a missile defense site on the East Coast that the military opposes, and bars reductions in the nation’s nuclear arsenal. Against the request of the Chamber of Commerce and business community, strong GOP allies, the Republicans passed an amendment limiting funds for institutions or organizations established by the U.N. Convention on the Law of the Sea:

“The chamber supports Senate ratification of the Law of the Sea Treaty “because it would provide clear legal rights and protections to American businesses to transit, lay undersea cables, and take advantage of the vast natural resources in and under the oceans off the U.S. coasts and around the world,” executive vice president R. Bruce Josten said in a statement. He noted that the Defense Department supports the treaty.

Tea party Republicans and other conservatives have expressed concerns about the treaty impinging on U.S. sovereignty.”

President Obama has threatened to veto this bill, not for the lack of the restriction on indefinite detention but mainly because of restrictions on the implementation of the New START treaty; limits on reductions for the U.S.’s nuclear arsenal; and new restrictions on the transfer of Guantanamo detainees. Moreover, the White House objected to the overall size of the bill, which surpasses President Obama’s request by $3.7 billion and exceeds the Budget Control Act spending caps by $8 billion. I’ll believe that when it happens.

Austerity?

Cross posted from The Stars Hollow Gazette

Which European leader is serious about economic recovery?

Merkel gives self and ministers pay rise

Merkel, her ministers and their parliamentary secretaries of state will see their wages rise in three stages between now and August 2013, until they all get 5.7 percent more. It is the first pay raise that the German cabinet has taken in twelve years. [..]

She has been the chief advocate of austerity in the eurozone during the debt crisis, earning her criticism from some quarters, notably Greece and more recently France, whose new leader Francois Hollande wants to focus on growth.

As opposed to this:

France Hollande: Ayrault government takes pay cut

France’s new government has held its first cabinet meeting and announced a 30% pay cut for President François Hollande and all his ministers.

A campaign promise, the cut reduces Mr Hollande’s monthly salary from 21,300 euros to 14,910 (£12,000; $19,000).

The cut contrasts sharply with predecessor Nicolas Sarkozy’s decision to increase his pay on entering office.

Austerity?

H/t Chris in Paris @ AMERICAblog

On This Day In History May 20

Cross posted from The Stars Hollow Gazette

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May 20 is the 140th day of the year (141st in leap years) in the Gregorian calendar. There are 225 days remaining until the end of the year.

On this day on 1896, the six ton chandelier of the Palais Garnier falls on the crowd resulting in the death of one and the injury of many others. The falling of one of the counterweights for the grand chandelier resulted in the death of one person.

This incident, as well as the underground lake, cellars, along with the other elements of the Opera House even the building itself were the inspirations of Gaston Leroux for his classic 1910 Gothic novel, The Phantom of the Opera.

The ceiling area, which surrounds the chandelier, was given a new painting during 1964 by Marc Chagall. This painting was controversial, with many people feeling Chagall’s work clashed with the style of the rest of the theater.

The Palais Garnier, known also as the Opéra de Paris or Opéra Garnier, but more commonly as the Paris Opéra, is a 1,600-seat opera house on the Place de l’Opéra in Paris, France, which was the primary home of the Paris Opera from 1875 until 1989. A grand building designed by Charles Garnier in the Neo-Baroque (or “Baroque Revival”) style (it is also said to be of the related Second Empire style), it is regarded as one of the architectural masterpieces of its time.

Upon its inauguration during 1875, the opera house was named officially the Académie Nationale de Musique – Théâtre de l’Opéra. It retained this title until 1978 when it was re-named the Théâtre National de l’Opéra de Paris. After the opera company chose the Opéra Bastille as their principal theatre upon its completion during 1989, the theatre was re-named as the Palais Garnier, though Académie Nationale de Musique is still sprawled above the columns of its front façade. In spite of the change of names and the Opera company’s relocation to the Opéra Bastille, the Palais Garnier is still known by many people as the Paris Opéra, as have all of the several theatres which have served as the principal venues of the Parisian Opera and Ballet since its initiation.

History

The Palais Garnier was designed as part of the great reconstruction of Paris during the Second Empire initiated by Emperor Napoleon III, who chose Baron Haussmann to supervise the reconstruction. During 1858 the Emperor authorized Haussmann to clear the required 12,000 square metres (1.2 ha) of land on which to build a second theatre for the world-renowned Parisian Opera and Ballet companies. The project was the subject of architectural design competition during 1861, and was won by the architect Charles Garnier (1825-1898). The foundation stone was laid during 1861, with the start of construction during 1862. Legend is that the Emperor’s wife, the Empress Eugénie, asked Garnier during the construction whether the building would be built in the Greek or Roman style, to which he replied: “It is in the Napoleon III style, Madame!”

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What We Now Know

Now We Know: ‘In politics, money cannot buy excitement’

Up host Chris Hayes outlines the prominent news stories of the week after Americans Elect’s third-party presidential candidate nomination process fell through despite the group’s $35 million budget.

Chris and his guests discussed a proposal created by Republican strategists, and commissioned by TD Ameritrade founder Joe Ricketts, which calls for revived attacks on President Obama’s relationship with Rev. Jeremiah Wright.

Also, Steve Coll, author of Private Empire: Exxon Mobil and American Power talked about corporate power, and Wisconsin State Senator Lena Taylor (@sentaylor) discussed the Wisconsin recall vote of Gov. Scott Walker. Plus, Chris’s Story of the Week focused on JP Morgan Chase’s reported $3 billion loss this quarter and the single “London Whale” trade that caused it.

Chris was also joined by Chrystia Freeland (@cafreeland), editor of Thomson Reuters Digital; Alexis Goldstein (@alexisgoldstein), Occupy Wall Street activist and former Wall Street information technologist; and Bhaskar Sunkara (@el_bhask), editor of Jacobin Magazine (@jacobinmag)

This is an Open Thread. Let us know what you now know.

On This Day In History May 19

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.

May 19 is the 139th day of the year (140th in leap years) in the Gregorian calendar. There are 226 days remaining until the end of the year.

On this day in 1935, T.E. Lawrence, better known as Lawrence of Arabia, dies from injuries sustained in a motorcycle accident near his home in Dorset, England.

Lieutenant Colonel Thomas Edward Lawrence, CB, DSO (16 August 1888 – 19 May 1935) was a British Army officer renowned especially for his liaison role during the Arab Revolt against Ottoman Turkish rule of 1916-18. The extraordinary breadth and variety of his activities and associations, and his ability to describe them vividly in writing, earned him international fame as Lawrence of Arabia, a title popularised by the 1962 film based on his First World War activities.

Lawrence was born illegitimately in Tremadog, Wales in August 1888 to Sir Thomas Chapman and Sarah Junner, a governess, who was herself illegitimate. Chapman left his wife to live with Sarah Junner, and they called themselves Mr and Mrs Lawrence. In the summer of 1896 the Lawrences moved to Oxford, where from 1907 to 1910 young Lawrence studied history at Jesus College, graduating with First Class Honours. He became a practising archaeologist in the Middle East, working with David George Hogarth and Leonard Woolley on various excavations. In January 1914, following the outbreak of the First World War, Lawrence was co-opted by the British military to undertake a military survey of the Negev Desert while doing archaeological research.

Lawrence’s public image was due in part to American journalist Lowell Thomas‘ sensationalised reportage of the revolt as well as to Lawrence’s autobiographical account Seven Pillars of Wisdom (1922).

Arab revolt

At the outbreak of the First World War Lawrence was a university post-graduate researcher who had for years travelled extensively within the Ottoman Empire provinces of the Levant (Transjordan  and Palestine) and Mesopotamia (Syria and Iraq) under his own name. As such he became known to the Turkish Interior Ministry authorities and their German technical advisors. Lawrence came into contact with the Ottoman-German technical advisers, travelling over the German-designed, built, and financed railways during the course of his researches.

Even if Lawrence had not volunteered, the British would probably have recruited him for his first-hand knowledge of Syria, the Levant, and Mesopotamia. He was eventually posted to Cairo on the Intelligence Staff of the GOC Middle East.

Contrary to later myth, it was neither Lawrence nor the Army that conceived a campaign of internal insurgency against the Ottoman Empire in the Middle East, but rather the Arab Bureau of Britain’s Foreign Office. The Arab Bureau had long felt it likely that a campaign instigated and financed by outside powers, supporting the breakaway-minded tribes and regional challengers to the Turkish government’s centralised rule of their empire, would pay great dividends in the diversion of effort that would be needed to meet such a challenge. The Arab Bureau had recognised the strategic value of what is today called the “asymmetry” of such conflict. The Ottoman authorities would have to devote from a hundred to a thousand times the resources to contain the threat of such an internal rebellion compared to the Allies’ cost of sponsoring it.

At that point in the Foreign Office’s thinking they were not considering the region as candidate territories for incorporation in the British Empire, but only as an extension of the range of British Imperial influence, and the weakening and destruction of a German ally, the Ottoman Empire.

During the war, Lawrence fought with Arab irregular troops under the command of Emir Faisal, a son of Sherif Hussein of Mecca, in extended guerrilla operations against the armed forces of the Ottoman Empire. He persuaded the Arabs not to make a frontal assault on the Ottoman stronghold in Medina but allowed the Turkish army to tie up troops in the city garrison. The Arabs were then free to direct most of their attention to the Turks’ weak point, the Hejaz railway that supplied the garrison. This vastly expanded the battlefield and tied up even more Ottoman troops, who were then forced to protect the railway and repair the constant damage.

The capture of Aqaba

In 1917, Lawrence arranged a joint action with the Arab irregulars and forces under Auda Abu Tayi (until then in the employ of the Ottomans) against the strategically located but lightly defended town of Aqaba. On 6 July, after a surprise overland attack, Aqaba fell to Lawrence and the Arab forces. After Aqaba, Lawrence was promoted to major. Fortunately for Lawrence, the new commander-in-chief of the Egyptian Expeditionary Force, General Sir Edmund Allenby, agreed to his strategy for the revolt, stating after the war:

   “I gave him a free hand. His cooperation was marked by the utmost loyalty, and I never had anything but praise for his work, which, indeed, was invaluable throughout the campaign.”

Lawrence now held a powerful position, as an adviser to Faisal and a person who had Allenby’s confidence.

The Fall of Damascus

The following year, Lawrence was involved in the capture of Damascus in the final weeks of the war and was promoted to lieutenant-colonel in 1918. In newly liberated Damascus-which he had envisioned as the capital of an Arab state-Lawrence was instrumental in establishing a provisional Arab government under Faisal. Faisal’s rule as king, however, came to an abrupt end in 1920, after the battle of Maysaloun, when the French Forces of General Gouraud under the command of General Mariano Goybet http://en.wikipedia.org/wiki/M… entered Damascus, breaking Lawrence’s dream of an independent Arabia.

As was his habit when traveling before the war, Lawrence adopted many local customs and traditions (many photographs show him in the desert wearing white Arab dishdasha and riding camels).

During the closing years of the war he sought, with mixed success, to convince his superiors in the British government that Arab independence was in their interests. The secret Sykes-Picot Agreement between France and Britain contradicted the promises of independence he had made to the Arabs and frustrated his work.

In 1918 he co-operated with war correspondent Lowell Thomas for a short period. During this time Thomas and his cameraman Harry Chase shot a great deal of film and many photographs, which Thomas used in a highly lucrative film that toured the world after the war.

Seven Pillars of Wisdom

Lawrence’s major work is Seven Pillars of Wisdom, an account of his war experiences. In 1919 he had been elected to a seven-year research fellowship at All Souls College, Oxford, providing him with support while he worked on the book. In addition to being a memoir of his experiences during the war, certain parts also serve as essays on military strategy, Arabian culture and geography, and other topics. Lawrence re-wrote Seven Pillars of Wisdom three times; once “blind” after he lost the manuscript while changing trains at Reading railway station.

The list of his alleged “embellishments” in Seven Pillars is long, though many such allegations have been disproved with time, most definitively in Jeremy Wilson‘s authorised biography. However Lawrence’s own notebooks refute his claim to have crossed the Sinai Peninsula from Aqaba to the Suez Canal in just 49 hours without any sleep. In reality this famous camel ride lasted for more than 70 hours and was interrupted by two long breaks for sleeping which Lawrence omitted when he wrote his book.

Lawrence acknowledged having been helped in the editing of the book by George Bernard Shaw. In the preface to Seven Pillars, Lawrence offered his “thanks to Mr. and Mrs. Bernard Shaw for countless suggestions of great value and diversity: and for all the present semicolons.”

The first public edition was published in 1926 as a high-priced private subscription edition, printed in London by Roy Manning Pike and Herbert John Hodgson, with illustrations by Eric Kennington, Augustus John, Paul Nash, Blair Hughes-Stanton and his wife Gertrude Hermes. Lawrence was afraid that the public would think that he would make a substantial income from the book, and he stated that it was written as a result of his war service. He vowed not to take any money from it, and indeed he did not, as the sale price was one third of the production costs. This left Lawrence in substantial debt.

Death

At the age of 46, two months after leaving the service, Lawrence was fatally injured in an accident on his Brough Superior SS100 motorcycle in Dorset, close to his cottage, Clouds Hill, near Wareham. A dip in the road obstructed his view of two boys on their bicycles; he swerved to avoid them, lost control and was thrown over the handlebars. He died six days later on 19 May 1935. The spot is marked by a small memorial at the side of the road.

The circumstances of Lawrence’s death had far-reaching consequences. One of the doctors attending him was the neurosurgeon Hugh Cairns. He was profoundly affected by the incident, and consequently began a long study of what he saw as the unnecessary loss of life by motorcycle dispatch riders through head injuries. His research led to the use of crash helmets by both military and civilian motorcyclists.

Moreton Estate, which borders Bovington Camp, was owned by family cousins, the Frampton family. Lawrence had rented and later bought Clouds Hill from the Framptons. He had been a frequent visitor to their home, Okers Wood House, and had for years corresponded with Louisa Frampton. On Lawrence’s death, his mother arranged with the Framptons for him to be buried in their family plot at Moreton Church. His coffin was transported on the Frampton estate’s bier. Mourners included Winston and Clementine Churchill and Lawrence’s youngest brother, Arnold.

A bust of Lawrence was placed in the crypt at St Paul’s Cathedral and a stone effigy by Eric Kennington remains in the Anglo-Saxon church of St Martin, Wareham

NDAA Detention Provision Ruled Unconstitutional

Cross posted from The Stars Hollow Gazette

In New York City, U.S. District Judge Katherine Forrest ruled that the indefinite detention provision of the National Defense Authorization Act (NDAA) is unconstitutional in violation of the First and Fifth Amendments. The NDAA was signed into law by President Obama in late December after a veto threat over language that was eventually changed at his request.

In a 68-page ruling blocking this statute, U.S. District Judge Katherine Forrest agreed that the statute failed to “pass constitutional muster” because its broad language could be used to quash political dissent.

    “There is a strong public interest in protecting rights guaranteed by the First Amendment,” Forrest wrote. “There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.”

This puts a whole new spin on today’s debate in the House floor Thursday of an amendment to the NDAA proposed by Representatives Adam Smith (D-Wash.) and Justin Amash (R-Mich.), that would undo the detention provisions and bar military detention for any terror suspects captured on U.S. soil. The ruling was made in response to a law suit brought by former New York Times war correspondent and Pulitzer Prize winner, Chris Hedges and others who argued that the law would have a “chilling effect” on their work:

Hedges was joined in the suit by linguist, author and dissident Noam Chomsky, Pentagon whistle-blower Daniel Ellsberg and other high-profile activists, scholars and politicians.

Hedges argued in his testimony that his work as a journalist would bring him into contact with terrorist organizations that would, given the scope of the law, qualify him for indefinite detention. The plaintiffs argued that the threat of detention alone would be an unconstitutional encroachment on their First Amendment rights to free expression and association, as well as a violation of the Fifth Amendment right to due process.

As Glen Greenwald points out in his Salon article, the court rejected the argument by the government that the NDAA did nothing more than the 2001 AUMF already did and thus did not really expand the Government’s power of indefinite detention:

The court cited three reasons why the NDAA clearly expands the Government’s detention power over the 2001 AUMF (all of which I previously cited when denouncing this bill).

First, “by its terms, the AUMF is tied directly and only to those involved in the events of 9/11,” whereas the NDAA “has a non-specific definition of ‘covered person’ that reaches beyond those involved in the 9/11 attacks by its very terms.”

Second, “the individuals or groups at issue in the AUMF are also more specific than those at issue in § 1021″ of the NDAA; that’s because the AUMF covered those “directly involved in the 9/11 attacks while those in § 1021 [of the NDAA] are specific groups and ‘associated forces’.” Moreover, “the Government has not provided a concrete, cognizable set of organizations or individuals that constitute ‘associated forces,’ lending further indefiniteness to § 1021.”

Third, the AUMF is much more specific about how one is guilty of “supporting” the covered Terrorist groups, while the NDAA is incredibly broad and un-specific in that regard, thus leading the court to believe that even legitimate activities could subject a person to indefinite detention.

The court also decisively rejected the argument that President Obama’s signing statement – expressing limits on how he intends to exercise the NDAA’s detention powers – solves any of these problems. That’s because, said the court, the signing statement “does not state that § 1021 of the NDAA will not be applied to otherwise-protected First Amendment speech nor does it give concrete definitions to the vague terms used in the statute.”

(emphasis mine)

A word of caution, we shouldn’t celebrate victory just yet. This is a preliminary injunction issued by one judge and the government will surely appeal it the Circuit Court.

The debate in the House on the amendment to the NDAA introduced by House Armed Services ranking member Adam Smith (D-Wash.) and Rep. Justin Amash (R-Mich.) that would undo the detention provisions and bar military detention for any terror suspects captured on U.S. soil, will go on this afternoon. The amendment has strong bipartisan support in the House. We still need to take action and write our Representatives to vote for this amendment.

Demand Progress: End Indefinite Detention!

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On This Day In History May 18

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.

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May 18 is the 138th day of the year (139th in leap years) in the Gregorian calendar. There are 227 days remaining until the end of the year.

On this day in 1917, U.S. Congress passes Selective Service Act.

Some six weeks after the United States formally entered the First World War, the U.S Congress passes the Selective Service Act on May 18, 1917, giving the U.S. president the power to draft soldiers.

When he went before Congress on April 2, 1917, to deliver his war message, President Woodrow Wilson had pledged all of his nation’s considerable material resources to help the Allies-France, Britain, Russia and Italy-defeat the Central Powers. What the Allies desperately needed, however, were fresh troops to relieve their exhausted men on the battlefields of the Western Front, and these the U.S. was not immediately able to provide. Despite Wilson’s effort to improve military preparedness over the course of 1916, at the time of Congress’s war declaration the U.S. had only a small army of volunteers-some 100,000 men-that was in no way trained or equipped for the kind of fighting that was going on in Europe.

To remedy this situation, Wilson pushed the government to adopt military conscription, which he argued was the most democratic form of enlistment. To that end, Congress passed the Selective Service Act, which Wilson signed into law on May 18, 1917. The act required all men in the U.S. between the ages of 21 and 30 to register for military service. Within a few months, some 10 million men across the country had registered in response to the military draft.

The World War I Draft

During World War I there were three registrations.

   The first, on June 5, 1917, was for all men between the ages of 21 and 31.

   The second, on June 5, 1918, registered those who attained age 21 after June 5, 1917. A supplemental registration, included in the second registration, was held on August 24, 1918, for those becoming 21 years old after June 5, 1918.

   The third registration was held on September 12, 1918, for men age 18 through 45.

After the signing of the armistice of November 11, 1918, the activities of the Selective Service System were rapidly curtailed. On March 31, 1919, all local, district, and medical advisory boards were closed, and on May 21, 1919, the last state headquarters closed operations. The Provost Marshal General was relieved from duty on July 15, 1919, thereby finally terminating the activities of the Selective Service System of World War I.

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Why the $2 Billion Chase Loss Matters to Everyone

Cross posted from The Stars Hollow Gazette

Felix Salmon, finance blogger at Reuters and Matt Taibbi, of ‘vampire squid” fame from “Rolling Stone“, were guests on “View Point with Eliot Spitzer“, discussing the implications JPMorgan’s $2 billion trading loss and why it should matter to anyone with a banking account at Chase, or any other to big to fail bank.

Taibbi and Salmon agree JPMorgan’s risk-taking has broad implications. “JPMorgan Chase takes deposits in from every single mom and pop, and small business and large business, in the world, and the President of the United States,” Salmon says. “They’re a utility bank and it is their job and their duty … to take those deposits and lend them out into the economy. And what do they do instead? They take $360 billion and put it in a hedge fund in London.”

Jamie Dimon’s failure

by Felix Salmon

Drew’s Chief Investment Office quadrupled in size between 2006 and 2011, reaching $356 billion in total, and it’s easy to see how that happened. On the one hand, it was incredibly profitable, with the London team alone, which oversaw some $200 billion, making $5 billion of profit in 2010, more than 25% of JP Morgan’s net income for the year. At the same time JP Morgan accumulated enormous new deposits in the wake of the financial crisis, both by acquiring banks and by attracting big new clients wanting the safety of a too-big-to-fail bank. Historically, JP Morgan has served big corporations by lending them money, but nowadays, as the cash balances on corporate balance sheets get ever more enormous, the main thing these companies want from JP Morgan is a simple checking account – one where they can be sure that their money is safe.

With lots of deposits coming in, and little corporate demand for loans, it was easy for all that money to find its way to the Chief Investment Office, which could take any amount of liabilities (deposits are liabilities, for a bank) and turn them into assets generating billions of dollars in profits.

Never mind the weak tea Volker rule, what is needed is a new, revised Glass-Steagal, the break up the TBTF and protection for investors and the economy.

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