Year: 2014

Yes, We Must Support all Disruptive Business Models, Regulations be Damned

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These are only a few of the allegations brought against Uber drivers in recent months, and today the company adds another black eye to its record: allegedly denying service to the blind.

According to the San Francisco Examiner, the National Federation of the Blind filed a lawsuit in a federal court against Uber yesterday, claiming that Uber drivers have refused service to blind people with service dogs on more than thirty occasions. In one instance, a driver allegedly shoved a woman’s guide dog into the trunk of his car and refused to stop the vehicle after the passenger realized what had happened. To add insult to injury, the lawsuit also states that some customers were charged cancellation fees after being refused a ride.

This behavior, along with being appallingly unfair, appears to be a pretty clear violation of the Americans with Disabilities Act, which bans discrimination against the blind by taxi companies, even if the car is operated by a private independent contractor.

………

But the Federation also claims that it tried to resolve the issue with Uber without filing a lawsuit, but the company rejected its negotiation proposal. Furthermore, the lawsuit alleges that Uber told customers that its independent drivers were out of the company’s control, and the best advice it could give was to mention the animal before the driver arrives. That may not be the soundest advice, considering that if drivers are willing to reject disabled riders in person, then they’re probably even more likely to do so over the phone or through the app.

………

But if what the lawsuit alleges is true, and Uber refused to negotiate with victims of discrimination while doing little to stop this discrimination from happening in the first place, then it sounds like Uber’s back to its old tricks — stonewalling and shirking responsibility whenever its drivers breaks the law.

This is not a bug, it’s a feature.

Discrimination, price gouging, sketch driver background checks, it’s all a part of Uber’s Ayn Rand driven ethos.

If you get cheated, discriminated, hurt, or dead, it’s your fault, because you aren’t being selfish enough.

This is the Least Surprising News of the Day

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I haven’t had a whole lot to say about Ray Rice beating his fiancee (now wife).

It’s pretty straightforward: You do not hit hit your significant other, ever.*  That is all that needs to be said.

But the burgeoning scandal erupting from the months long coverup by the NFL requires a bit more analysis:

A law enforcement official says he sent a video of Ray Rice punching his then-fiancée to an NFL executive five months ago, while league executives have insisted they didn’t see the violent images until this week.

The official played The Associated Press a 12-second voicemail from an NFL office number on April 9 confirming the video arrived. A female voice expresses thanks and says: “You’re right. It’s terrible.”

“We are not aware of anyone in our office who possessed or saw the video before it was made public on Monday. We will look into it.

”- NFL spokesman Brian McCarthy

Hours after the report Wednesday, Goodell announced former FBI director Robert S. Mueller III will conduct a probe into how the league pursued and handled evidence as it investigated claims against Rice.

NFL spokesman Greg Aiello said in a statement that the investigation will be overseen by owners John Mara of the New York Giants and Art Rooney of the Pittsburgh Steelers. Goodell said that Mueller will have access to all NFL records and will have full cooperation from league personnel.

The law enforcement official, speaking to the AP on condition of anonymity because of the ongoing investigation, says he had no further communication with any NFL employee and can’t confirm anyone watched the video. He said he was unauthorized to release the video but shared it unsolicited because he wanted the NFL to have it before deciding on Rice’s punishment.

The NFL has repeatedly said it asked for but could not obtain the video of Rice hitting Janay Palmer — who is now his wife — at an Atlantic City casino in February.

Just as an FYI, John Mara and Art Rooney, the guys running this “independent” investigation, are Goodell’s biggest boosters among the owners, and have many social and business connections.

I am so completely unsurprised by this.

For all their faux piety about the integrity of the sport,  it’s all about protecting them and theirs.

One wonders what low level functionary that they will find to throw under the proverbial bus.

*Various sporting activities, and certain forms of private entertainment by mutual consent (hopefully with a safe word) are excepted from this.

Andrew Cuomo is Such a Classy Guy

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As expected, Andrew Cuomo won the primary, though Zephyr Teachout and Tim Wu did a lot better than expected, polling at about 35%, far more than the 20% that was anticipated, so it was a bit of a black eye for Cuomo, and pretty much ensures that he will not be the VP pick in 2016.

Cuomo did not even bother having a victory party continuing his policy of not acknowledging Ms. Teachout’s, but he topped this when we found out that Zephyr Teachout unable to call him to concede because he refused to give her a number to call:

As expected, Governor Andrew Cuomo won New York’s Democratic primary on Tuesday night, but the success of his Mean Girls–esque strategy of ignoring rival Zephyr Teachout is still up for debate. With 90 percent of precincts reporting, Cuomo had 61 percent of the vote to Teachout’s 35 percent (with comedian Randy Credico at 4 percent). That’s not exactly the landslide Cuomo was looking for, and the governor embarrassed himself through his ridiculous efforts to avoid acknowledging the Fordham Law School professor, even when she was standing two feet away from him.

Apparently, Cuomo kept up the act straight through primary night. He did not hold a victory party (which would have suggested he participated in a primary), and Teachout was reportedly unable to concede to the governor with a phone call, as he wouldn’t give her his number.

 Really classy, Andy, really f%$# classy.

F%$# Me, I Agree With Mitch McConnel

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Yes, his motives are suspect, but when he calls for Congressional approval for the new war in Iraq, he’s right:

Senate Minority Leader Mitch McConnell told reporters on Tuesday that President Barack Obama should seek congressional approval for the U.S. strategy on ISIS.

“The view of myself and most of my members is the president should be seeking congressional approval, period, for whatever he decides to do because that’s the way you hear from those of us who represent everyone in the country,” the Kentucky Republican said.

McConnell stressed that Obama must come up with a plan and present it to Congress. He signaled “broad support” for U.S. action against the group.

“That’s the way you get congressional support. I’ve said — when Elizabeth Warren begins to sound like Dick Cheney, you know that there’s pretty broad bipartisan support here for dealing with this group of terrorists.”

He’s right.

I would actually go further, and say that a formal War Powers Act resolution.

This may be simple political posturing on the part of the Senate Minority Leader, but the ability to declare war was vested in the legislative branch for a reason.

Chuck Todd is Toast

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On Meet the Press yesterday, newly minted host Chuck Todd interviewed Barack Obama.

It did not go well:

As he says, you’ve got to be on it, paying attention to every word. Watch him nail Chuck for missing four separate mentions of Syria before telling the President he hasn’t heard him mention Syria.

Chuck Todd has just sounded the death knell of his gig as a host.

I give him 6 months.

Hostility and criticism is one thing, but I do not think that NBC News can deal with his being a punch line.

It’s not gonna end when Letterman retires, because Stephen Colbert is replacing him.

It’s kind of like Joe Biden said, “There’s only three things he mentions in a sentence — a noun, a verb, and 9/11,” of Rudy Giuliani.

Lamest Man in Massachusetts New Hampshire

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Scott Brown, of course, who, after losing to Elizabeth Warren, went to work for a law and lobbying firm, got his tits in a bundle with Lawrence Lessig who put out a flyer that criticized Brown as a lobbyist.

The Scott Brown campaign sent a cease and desist letter to Lessig’s campaign finance reform PAC:

Former Massachusetts Senator Scott Brown has attempted to revive his political career by running for Senate in New Hampshire. But in the final days before his September 9 primary, he’s squaring off against another opponent — Harvard professor Lawrence Lessig, who advocates against money in politics. Lessig’s Mayday PAC endorsed Brown’s GOP primary challenger Jim Rubens, and is now sending out a mailer calling Brown a “Washington lobbyist.”

The mailer led to an angry response from the Brown campaign. “This is a flat-out lie. Scott Brown is not nor has he ever been a lobbyist. Ever,” campaign manager Colin Reed wrote, calling on Lessig to “immediately cease and desist with the mailer in question.”

In response, Lessig posted the letter on his blog, and linked to an article from The Hill about Brown joining the Boston office of “Nixon Peabody, a law and lobby firm.” The firm itself said Brown would work on “business and governmental affairs,” including those related to “the financial services industry.” Lessig writes:

Yes, according to the Senate, Scott Brown isn’t a “lobbyist.” But I submit to anyone else in the world, a former Senator joining a “law and lobbying firm” to help with Wall St’s “business and governmental affairs” is to make him a lobbyist. Because to anyone else in the world, when you sell your influence to affect “business and governmental affairs,” you are a lobbyist.

You would think that a man who is a lawyer who has spent much of his life as a public figure would understand just what it means to be a public figure after New York Times Co. v. Sullivan, which required actual malice or a reckless disregard for the truth for libel and defamation suits.

Of course, in the process of making this demand, the hapless former Cosmo centerfold has served to generate publicity for the flyer.

See, “Streisand Effect, The”.  (Heh)

Well, the New York Primary Results Should Be Coming In Soon

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So I just wanted to note that Cuomo is going full arm breaker mode on endorsements: (Yes, it is a New York Post link, but Andrew Cuomo has deliberately cultivated an image of tolerating no dissent)

Gov. Cuomo and Mayor de Blasio used threats and intimidation in recent days to block prominent Democrats from backing leftist law professors Zephyr Teachout and her running mate, Tim Wu, in Tuesday’s primary, party insiders have told The Post.

The largely successful pressure has been especially intense to stop endorsements for Wu, who is given a real chance of defeating conservative-turned-“progressive” former upstate Rep. Kathy Hochul, Cuomo’s running mate for lieutenant governor, insiders said.

“Cuomo and de Blasio were pulling out all stops, making it clear that anyone who even considers endorsing Teachout or Wu will pay a big political price,” said a prominent Democratic activist.

“Cuomo especially is obsessed with Wu because he clearly thinks Wu has a chance to win, which would be a disaster for him,” the activist continued.

City Council members were told that pet projects would be endangered if they back either Teachout or Wu, said a source close to the council. “You wouldn’t believe how much we were intimidated and muscled,’’ said one.

I still do not think that Teachout has a chance (WU does), but it is nice to see Andrew Cuomo sweating.

I do hope that, if the report is accurate, (NY Post, after all) that de Blasio actually got something BIG for going to the mat for a governor who clearly loathes him and his agenda.

A Quick Announcement

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I really don’t give the proverbial flying f%$# in a rolling doughnut about any Apple product announcements.

Never been a fan of their products, and absent a major technological breakthrough, unlikely since Apple is about taking new technology to the mass market, not creating new technology, I will continue not to care.

What Dan Froomkin Says

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He asks the obvious question, why when we are looking at going back to war in Iraq, why have all of the discussions about this been about the politics, and not the merit, of the decision:

President Obama has started describing his new strategy to confront the Islamic State, and despite it being a mishmash of wishful thinking and perpetual militarism, the focus of the Washington elites in the press and elsewhere has been almost entirely on the optics: Is he overcoming the perception that he wasn’t doing enough? What will the political reaction be?

The question we should be asking, as I noted on Friday, is: Why the hell does he think it has any chance of working?

………

His plan calls for stepped-up airstrikes, inevitably leading to civilian casualties; for the kind of Middle-Eastern diplomatic needle-threading that has consistently eluded him in the past; for a political miracle in Iraq; and, despite all the precedent to the contrary, for American-trained indigenous military forces that actually fight.

Despite all the cause for skepticism, however, the press coverage of his remarks was largely stenographic — with the aforementioned overlay of politics and optics.

This is the discussions that we get when Obama is talking about involving us in a war that will last at least 3 years.

Seriously.

We’re going to war again, for an extended period, and all that anyone appears to be concerned about is the f%$#ing optics:

All that leaves me pondering this question: Is Obama’s new plan something he genuinely believes in? Or does he recognize it’s stupid, and is just doing it for the optics?

There’s a dismal precedent for the latter option: His decision to extend what he knew was a dead-end war in Afghanistan for two years because of the bellicose promises he’d made in order to look tough during his first political campaign. That time, he traded about 1,300 American lives for optics.

Who knows what the trade might be this time?

You know, Obama’s sated foreign policy philosophy, “Don’t do stupid sh%$,” appears to be in abeyance, and this is not a good thing.

Former Bushie Enmeshed in Money Laundering Probe

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I’m shocked, shocked to find that gambling is going on here!

Zalmay Khalilzad’s wife’s bank account has been frozen by Austrian authorities:

A U.S. probe into alleged money laundering by Zalmay Khalilzad has led Austrian authorities to freeze a Vienna bank account linked to the former presidential envoy to Afghanistan.

Khalilzad, who served as U.S. ambassador to Afghanistan and Iraq, allegedly transferred $1.4 million to his wife’s bank account in Vienna, Austrian magazine Profil reported today, citing court documents. The money came from oil and building contracts in Iraq and the United Arab Emirates that allegedly violated U.S. laws, U.S. investigators told their Austrian counterparts, according to the papers cited by Profil.

Austrian court spokeswoman Christina Salzborn confirmed the documents’ authenticity in a telephone interview. Christian Bielesz, the lawyer for Khalilzad’s wife, Cheryl Benard, confirmed that the account was frozen and an investigation under way.

The U.S. had asked Austrian authorities not to seize Benard’s account, Bielesz said in a phone interview. A decision on whether to unfreeze the account is expected “quite soon,” he said.

The documents alleging the misconduct were part of a cache of papers retrieved from a garbage bin earlier this year by a Vienna-based blogger. Austria’s courts have instructed workers to take better care of sensitive information, Salzborn said.

Of course, the response of the judge is to criticize the bank for allowing money laundering to be found by a pesky blogger.

Needless to say, Khalilzad is likely neither to face prosecution, nor to have the accounts seized, because, well, the you can be sure that there is someone on the other side of the aisle who wants to get rich the same way, and they need to lube that revolving door for their turn.

I’m beginning to think that we are living in the last days of the Roman Empire.

Victoria Nuland’s Husband Calls for More War

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Robert Kagan’s latest screed is reactionary, shows no learning curve, and treats brown people as objects, so it was published on the Wall Street Journal editorial page.

Short version is, “Yadda Yadda, Munich, Nazis, appeasement, Neville Chamberlain.”

Normally, I would say, who cares what he thinks, but his wife, Victoria “F%$# the EU” Nuland, is the Assistant Secretary of State for European and Eurasian Affairs, so one might surmise that he has more influence over our foreign policy than your average Wall Street Journal nutjob.

Welcome to the Handmaiden’s Tale

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We are now throwing mothers in jail for getting their daughters an abortion:

A Pennsylvania woman has been sentenced to up to 18 months in prison for obtaining so-called abortion pills online and providing them to her teenage daughter to end her pregnancy.

Jennifer Ann Whalen, 39, of Washingtonville, a single mother who works as a nursing home aide, pleaded guilty in August to obtaining the miscarriage-inducing pills from an online site in Europe for her daughter, 16, who did not want to have the child.

Whalen was sentenced on Friday by Montour County Court of Common Pleas Judge Gary Norton to serve 12 months to 18 months in prison for violating a state law that requires abortions to be performed by physicians.

………

Matthew Bingham Banks, Whalen’s lawyer, previously told Reuters criminal prosecutions of this kind were not common.

Whalen told authorities there was no local clinic available to perform an abortion and her daughter did not have health insurance to cover a hospital abortion, the Press Enterprise newspaper of Bloomsburg reported.

Her daughter experienced severe cramping and bleeding after taking the pills and Whalen took her to a hospital hear her home for treatment, the newspaper said.

The closest abortion clinic to Whalen’s home is about 74 miles away in Harrisburg.

The right wing woman haters are chuckling about this right.

First, they make it impossible to get a abortion by legal means, and they they start prosecuting when desperate women do desperate things.

Such is the way of the ISIS of the American body politic.

Linkage

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Yet Another Reason to Hate Andrew Cuomo

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It turns out that the Republican coup in the New York State Senatewas sided by hizzoner the Governor:

Andrew Cuomo has always been careful to maintain a plausible-looking deniability when it comes to his role in keeping his own party out of power in the State Senate.

Whenever he’s been asked about his involvement in the creation of the controlling Republican-Independent Democratic coalition, Cuomo has shrugged and suggested that it’s not the governor’s place to get involved in that sort of thing.

“This is an internal legislative matter,” he has said.

It’s on this basis that Cuomo has been able to put distance between himself and the coalition at opportune times—such as, say, when the Working Families Party threatened to endorse someone else for governor earlier this year. And it’s this distance that has allowed him (presumably) to keep a straight face as his running mate, Kathy Hochul, attempts to bolster her own Democratic credentials ahead of the Sept. 9 primary by complaining that the Senate coalition didn’t achieve enough for progressives.

But now, multiple sources with deep knowledge of the IDC and Republican conferences’ dealings confirm that in fact the governor was not a passive observer during the formation of the coalition. He was “deeply involved,” they say, and “absolutely” encouraged the marriage that allowed the Republicans to remain in leadership even after the election of a Democratic majority. Furthermore, they say, the governor was a key player after the coalition launched, privately offering advice about tactics and messaging.

………

But while the governor did not originate the idea of an actual coalition, sources say he and his staff were active in “nudging” it along behind the scenes.

The governor’s interest, say knowledgeable sources, was ensuring that Republicans had control over the agenda in the Senate, so that he wouldn’t be handing over power to New York City Democrats.

“The governor and [top aide] Larry [Schwartz] made it very clear they wanted the IDC to work with the Republicans to run the Senate,” one source explained.

Another recalled that there were “many, many conversations” between Schwartz, Cuomo and Republican leaders. The governor frequently expressed frustration with Democratic Senate leaders, and complained that he couldn’t work with them.

Before the coalition was announced, Cuomo privately made the IDC feel more comfortable working with Republicans and assured them they “wouldn’t get crucified,” or be “left out to dry” if they made the move.

This is not a surprise.

Cuomo was implicitly supportive of the renegade Democrats in the state senate, and now we see evidence of direct collusion.

He so deserves to lose his primary race.

The Talibaptists Have Seized the USAF

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The Airforce is refusing to allow an athiest airman to reenlist unless he includes “Under God” in his oath:

An unnamed airman in the United States Air Force wants to continue to serve his country. Yet, the Air Force reportedly told him that his service is unwanted unless he swears an oath that concludes with the religious affirmation “so help me God.” According to the Air Force Times, the airman crossed out the words “so help me God” when he signed his reenlistment contract. He was subsequently told that he must either swear this religious oath or leave the service.

 In justifying this decision, an Air Force spokesperson pointed to a federal law, which requires “[e]ach person enlisting in an armed force” to take an oath that concludes with the four words this airman finds objectionable. He did agree to the other portions of the oath, which includes a promise to “support and defend the Constitution of the United States against all enemies, foreign and domestic,” and to “obey the orders of the President of the United States and the orders of the officers appointed over me.”

This is clearly unconstitutional, as there is exhaustive judicial precedent saying that the government cannot coerce a person to profess belief, but this does not matter to the Air Force.

The US military in general, and USAF in particular, have been infiltrated by right wing Evangelicals looking to create an “Army of God”, and this is just an early consequence.

Here is the Military Religious Freedom Foundation’s take on this is well worth reading as well.  In particular, they note that the legislation in question which the Air Force is siting to exclude this airman allows for a simple affirmation:

Regrettably, this truly horrific scenario is indeed the case within the United States Air Force (USAF). Just the other day, the USAF public affairs office at the Pentagon informed the world that “Reciting ‘So help me God’ in its official reenlistment and commissioning oaths is a statutory requirement under 10 U.S.C. §502“. In short, you had better repent and swear your oath to “God” or be gone. Interestingly, that just cited U.S. Code provision (which the Air Force is pathetically using to support its “sorry, our hands are tied” position of abject cowardice here) also makes it clear that armed forces members may “affirm”, in lieu of swearing, this enlistment or commissioning oath. When one “affirms” such an oath of office, there is NO need to “swear” to “God” to do so. Such is the very distinction between “swearing and affirming.” 10 U.S.C. §502 allows either to be done by the enlisting or commissioning Air Force member. The USAF’s transparent duplicity and specious motivations for basing its new decision to force service members to swear to God are dangerous, disingenuous and despicable.

Your mouth to ……… Well, you get the idea.

Sounds Like the Tories are Freaking Out Over the Scottish Referendum

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They set it up as an all or nothing vote, specifically leaving an option for autonomy of the Scottish independence referendum, and now that the polls are showing independence having a (small) lead, Chancellor of the Exchequer George Osborne has issued a statement saying that they intend to increase autonomy:

A last-minute all-party plan to devolve further powers to Scotland over tax, spending, welfare and a host of other areas will be unveiled in the next few days, George Osborne has said.

The announcement came after a YouGov poll showed the yes side taking a narrow lead, spreading fears at Westminster of a constitutional crisis.

The chancellor detailed the plans – the product of backroom talks – saying they would be unveiled in the next few days with a clear timetable for implementation in the event of a no vote. The offer is similar to the last-minute package offered to Quebec by the Canadian government in 1995, that staved off a vote for separation.

All the major political parties have presented different offers of further devolution, but there has been no agreement between them on far they should extend.

The announcement of the package also represents a shift away from the negative tone of the previous no campaign to a positive offer of the benefits of staying inside a United Kingdom. Many polls show support for wider devolution but there has been a lack of clarity about what it represents in practice.

The political parties said it was unlikely the joint statement would set out detailed new powers beyond those already promised, but focus on a credible timetable and process for the transfer to come about. The three parties have already issued a joint statement of further transfer of powers in June but, judging by the latest polls, this may have had little effect.

No specifics, of course, because they really do not want to allow Scotland to have authority on taxes and social welfare programs, because this would provide a nearby case study for the futility of benefit and tax cuts, but it appears that political reality is that some sort of retreat is essential for the Conservatives to defeat this referendum.

Still, I would not trust them do keep their word if I were a Scotsman who had to make up his mind about how to vote.

Time for Another Blogger Ethics Panel

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Noted intelligence reporter Ken Dilanian, who has written on intelligence issues for both the LA Times and Associated Press, has been revealed to have pre cleared his stories with the CIA:

A prominent national security reporter for the Los Angeles Times routinely submitted drafts and detailed summaries of his stories to CIA press handlers prior to publication, according to documents obtained by The Intercept.

Email exchanges between CIA public affairs officers and Ken Dilanian, now an Associated Press intelligence reporter who previously covered the CIA for the Times, show that Dilanian enjoyed a closely collaborative relationship with the agency, explicitly promising positive news coverage and sometimes sending the press office entire story drafts for review prior to publication. In at least one instance, the CIA’s reaction appears to have led to significant changes in the story that was eventually published in the Times.

“I’m working on a story about congressional oversight of drone strikes that can present a good opportunity for you guys,” Dilanian wrote in one email to a CIA press officer, explaining that what he intended to report would be “reassuring to the public” about CIA drone strikes. In another, after a series of back-and-forth emails about a pending story on CIA operations in Yemen, he sent a full draft of an unpublished report along with the subject line, “does this look better?” In another, he directly asks the flack: “You wouldn’t put out disinformation on this, would you?”

Dilanian’s emails were included in hundreds of pages of documents that the CIA turned over in response to two FOIA requests seeking records on the agency’s interactions with reporters. They include email exchanges with reporters for the Associated Press, Washington Post, New York Times, Wall Street Journal, and other outlets. In addition to Dilanian’s deferential relationship with the CIA’s press handlers, the documents show that the agency regularly invites journalists to its McLean, Va., headquarters for briefings and other events. Reporters who have addressed the CIA include the Washington Post‘s David Ignatius, the former ombudsmen for the New York Times, NPR, and Washington Post, and Fox News’ Brett Baier, Juan Williams, and Catherine Herridge.

The money quote on this is, “Of course, journalists routinely curry favor with government sources (and others) by falsely suggesting that they intend to amplify the official point of view. But the emails show that Dilanian really meant it.”

Read the rest, but basically, not only did act as a CIA stooge, he uncritically regurgitated CIA lies about things like civilian drone strike casualties.

H/t Gawker.