Month: July 2016

This Has Fail Written All over It

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It appears that the brain dead ammosexuals in Ohio have written laws in such a way that protesters at the Republican convention will have the right to open carry firearms:

Cleveland officials said Wednesday that they will uphold the right of protesters at the Republican National Convention to carry firearms even as they expressed opposition to the state’s open carry laws.

Speaking to reporters in advance of the Republican National Convention next week, both Cleveland Mayor Frank G. Jackson and police Chief Calvin Williams they were bound by the state’s laws allowing people to carry guns even if they disagreed with them.

………

“It’s the law in this state. As police chief, I’m bound to uphold the law in this state,” he added.

………

Cleveland has banned a wide array of items inside a broad zone in downtown Cleveland around the convention site, including water guns, toy guns, knives, aerosol cans, rope, tennis balls and others. But because of Ohio’s open carry laws, protesters who legally own a firearm will be allowed to carry it near the convention center.

For their next trick, Ohio Republicans are going to gargle with Plutonium, or French kiss cobras, or some other damn fool bit of lunacy.

This will not end well.

H/t Talking Points Memo.

Where There’s a Wool, There’s a Way*

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It appears that the people fo the Faroe Islands want to have Google cameras taking pictures of them when they are unaware so that the island is covered by Google Street View™.

I find this odd, but who am I to judge them?

What is odd is that they have a shortage of motor vehicles, so they mounted the Street View™ equipment on sheep:

Living across 18 tiny sub-polar islands in the north Atlantic, Faroe islanders are used to working in difficult conditions. So tired of waiting for Google Street View to come and map the roads, causeways and bridges of the archipelago, a team has set up its own mapping project – Sheep View 360.

With the help of a local shepherd and a specially built harness built by a fellow islander, Durita Dahl Andreassen of Visit Faroe Islands has fitted five of the island’s sheep with a 360-degree camera.

As the sheep walk and graze around the island, the pictures are sent back to Andreassen with GPS co-ordinates, which she then uploads to Google Street View.

“Here in the Faroe Islands we have to do things our way,” says Andreassen. “Knowing that we are so small and Google is so big, we felt this was the thing to do.”

My mind is officially blown.

Clearly

*H/t Emptywheel for the joke, which she described as a, “Baaad joke.”  Ouch.

Justifiably Speaking Ill of the Dead

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One of the longest serving employees of the Department of Justice, David Margolis, has died, and he leaves behind a shameful record of institutional coverups and obstruction:

David Margolis was a living legend and giant at the Department of Justice. Now he has passed. Just posted is the following from DOJ:

………

 I am sure Mr. Margolis was a kind, personable and decent chap to those who knew and worked with him. I can be sure because there have been many voices I know who have related exactly that. He was undoubtedly a good family man and pillar of his community. None of that is hard to believe, indeed, it is easy to believe.

Sally Yates is spot on when she says Margolis’ “dedication to our [DOJ] mission knew no bounds”. That is not necessarily in a good way though, and Margolis was far from the the “personification of all that is good about the Department of Justice”. Mr. Margolis may have been such internally at the Department, but it is far less than clear he is really all that to the public and citizenry the Department is designed to serve. Indeed there is a pretty long record Mr. Margolis consistently not only frustrated accountability for DOJ malfeasance, but was the hand which guided and ingrained the craven protection of any and all DOJ attorneys for accountability, no matter how deeply they defiled the arc of justice.

This is no small matter. When DOJ Inspectors General go to Congress to decry the fact that there is an internal protection racket within the Department of Justice shielding even the worst wrongs by Department attorneys, as IG Glen Fine did:

 ………

 Said fact and heinous lack of accountability for Justice Department attorneys, not just in Washington, but across the country and territories, is largely because of, and jealously ingrained by, David Margolis. What Glen Fine was testifying about is the fact there is no independent regulation and accountability for DOJ attorneys.

They are generally excluded from the Department IG purview of authority, and it is rare, if ever, courts or state bar authorities will formally review DOJ attorneys without going throughout the filter of the OPR – the Office of Professional Responsibility – within the Department. A protection racket designed and jealously guarded for decades by David Margolis. Even when cases were found egregious enough to be referred out of OPR, they went to…..David Margolis.

In fact, attuned people literally called the OPR the “Roach Motel”:

“I used to call it the Roach Motel of the Justice Department,” says Fordham University law professor Bruce A. Green, a former federal prosecutor and ethics committee co-chair for the ABA Criminal Justice Section. “Cases check in, but they don’t check out.”

If you want a solid history of OPR, and the malfeasance it and Margolis have cravenly protected going back well over a decade, please go read “The Roach Motel”, a 2009 article in no less an authority than the American Bar Association Journal. It is a stunning and damning report. It is hard to describe just how much this one man, David Margolis, has frustrated public transparency and accountability into the Justice Department that supposedly works for the citizens of the United States. It is astounding really.

The OPR is broken beyond repair.

Shut it down, layoff all the employees, and have an IG with real power.

Whether Mr. Margolis was a product of the corrupt culture at the OPR, or he was the creator of such a culture, the culture is there, the fact remains that it is a corrupt and opaque organization, and changing it will be next to impossible.

Oh Crap

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One of GM’s suppliers just went chapter 11, and it has the potential to shut down automobile assembly across General Motors:

A Massachusetts supplier that filed for bankruptcy protection last week could disrupt production at nearly every General Motors North American plant in coming days, according to documents filed in bankruptcy court.

Clark-Cutler-McDermott, based in Franklin, Mass., supplies acoustic insulation and interior trim products for automobiles, textiles and other transportation manufacturers. But GM is its largest customer and Clark-Cutler-McDermott is losing more than $30,000 a day — and more than $12 million since 2013 — partly because what GM pays for those components “usually decreases annually,” CEO James McDermott stated in a court filing.

But GM has no other supplier for the parts CCM provided and any interruption in delivery of those parts would cost the automaker “millions of dollars per day per plant,” GM said in another filing.

GM obtained a restraining order last month compelling CCM to continue supplying those items specified in its purchase orders with GM. But that order expired July 1. CCM filed for protection under Chapter 11 of federal bankruptcy law on July 7.

………

In a separate dispute, CCM wants to use $1.9 million of cash it held when it filed for bankruptcy to pay its workers. GM contends it provided most of that cash as part of its temporary restraining order.

GM doesn’t object to CCM paying workers for what was produced before the bankruptcy filing, but it does not want its cash used to pay workers if they aren’t making GM’s parts.

This could get very messy very quickly.

A lot of plants are retooling for the new model year right now, but if they lack the parts to reopen, we are going to see some major issues with the economy just as the presidential election ramps up, particularly in the Midwest.

Quote of the Day

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I’m all for pragmatism and common sense in these things. All the regulars here know that. But, in this case, I’d almost rather have an open, declared enemy than this back-stabbing false balancing oligarch sock puppet. He’s just a prettier version of Joe Lieberman. He’s one of that tiny handful of people who make me sound like the people I deride as the rainbow farting unicorn-mounted purity cavalry.

—a Comment from ncsteve on Talking Points Memo in response to the news that contemptible Evan Bayh is running for Senate Again.

I wholeheartedly agree.

Linkage

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Coffee: The real truth:

I am So Not Sorry for these Rat F%$#s

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The Blairite front benchers have concluded that their attempted removal of Jeremy Corbyn from his leadership of Labour has failed:

Labour rebels are in retreat after admitting that Jeremy Corbyn cannot be removed and would “win easily” if a leadership election is triggered.

One senior Labour MP said: “It’s finished” as it emerged that lengthy talks between union bosses and Tom Watson, the party’s deputy leader, had failed to find a solution to the deadlock.

MPs have now pinned their hopes on a challenge by Angela Eagle, despite many believing that she will not beat Mr Corbyn because of his support among members.

It follows weeks of stalemate between the Labour leader’s office and MPs who want to see Mr Corbyn step down without having to trigger a leadership campaign.

The Labour rules automatically put Corbyn on the ballot, he does not need MP’s signatures on the ballot to be listed, and it is clear to anyone with two brain cells to rub together he will win any election that is held by a large margin.

Corbyn should use this as an opportunity to clear house.

I Really Don’t Have Much to Say About This

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The killings of black men by police early last week, and the shootings of officers in Dallas are clearly both awful things.

It’s ironic that this happened in Dallas, because the DPD has been at the forefront of reforms in policing:

………

In the aftermath of the chaotic and deadly scene that unfolded in Dallas on Thursday night, where five law enforcement officers were killed and at least seven others were wounded, government officials and law enforcement experts have noted that the Dallas Police Department has distinguished itself as a model of police reform. As Dallas Mayor Mike Rawlings put it in a somber press conference Friday morning, “This police department trained in de-escalation far before cities across America did it. We’re one of the premier community policing cities in the country and this year we have the fewest police officer-related shootings than any large city in America.”

Among the changes the Dallas police have made since 2012: a new foot chase policy aimed at discouraging officers from making risky decisions while pursuing suspects, new guidelines for reporting encounters involving the use of force, and a policy of bringing in the FBI Civil Rights Division to review all police-involved shootings. Since 2014, the department has maintained one website containing a trove of data on more than a decade of police-involved shootings in the city, and another that catalogues all police encounters that result in an officer drawing a weapon, using a baton, or physically restraining a suspect. In 2015, the department received $3.7 million in funding from the Dallas City Council so it could buy 1,000 body cameras over the course of the next five years.

Perhaps the most significant reforms, as suggested by the mayor’s comments, have centered on training. In 2014, Brown introduced a plan to sharply increase the amount of deadly force training required of patrol officers and began to emphasize de-escalation techniques at the Dallas Police Academy.

Brown’s efforts have coincided with a dramatic drop in excessive force complaints. In 2009, the year before he took over the department, there were 147 such complaints filed; as of November 2015, there had been just 13 for the year. Brown told the Morning News in 2015 that he credited the new training methods with a 40 percent year-on-year drop in police shootings and a 30 percent drop in assaults on officers. BuzzFeed’s Albert Samaha points out that, in the years since 2012 (when Dallas police shot 23 people), the frequency of officer-involved shootings has consistently fallen; according to the department’s data, there were 11 last year, and before Thursday, there had been just one in 2016. The fact that Dallas’ murder rate continues to decline, the Washington Post’s Radley Balko has noted, is evidence that a department “can embrace policing policies that are community-friendly, open and transparent, and dedicated to minimizing the use of force and violence … and still enjoy the same or greater drops in crime we’re seeing elsewhere.”

Modern police training in the US, and the associated legal regime, have institutionalized cowardice as both a strategy used by the police as a justifications for dubious use of force, and as an alibi used by police in the aftermath these actions.

Second, I would suggest that anyone who suggests that Micah Xavier Johnson is somehow the responsibility of the Black Lives Matter movement, or of the greater Black community, (I’m looking at you, Fox News) is an idiot and a bigot.

Yes, Making You Pay to Access Laws is Such a Good Idea (Not)

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There are a number of lawsuits trying to enforce copyright on laws and the standards that they reference:

You would think that “the law” is obviously part of the public domain. It seems particularly crazy to think that any part of the law itself might be covered by copyright, or (worse) locked up behind some sort of paywall where you cannot read it. Carl Malamud has spent many years working to make sure the law is freely accessible… and he’s been sued a bunch of times and is still in the middle of many lawsuits, including one from the State of Georgia for publishing its official annotated code (the state claims the annotations are covered by copyright).

But there’s another area that he’s fought over for many years: the idea that standards that are “incorporated by reference” into the law should also be public. The issue is that many lawmakers, when creating regulations will often cite private industry “standards” as part of the regulations. So, things like building codes may cite standards for, say, sheet metal and air conditioning that were put together by the Sheet Metal and Air Conditioning Contractors National Association (SMACNA), and say that buildings need to follow SMACNA’s standards. And those standards may be great — but if you can’t actually read t

he standards, how can you obey the law. At one point SMACNA went after Malamud for publishing its standards. And while they eventually backed down, others are still in court against Malamud — including the American Society for Testing & Materials (ASTM), whose case against Malamud is set to go to trial in the fall.

In the midst of all of this, various standards making bodies, along with the American National Standards Institute (ANSI), have been working over time to get the American Bar Association to adopt a proposal that limits publication of standards that are incorporated by reference. ANSI has pushed for a solution it prefers called “reasonable availability,” in which the standard-makers decide by themselves how best to make the standards “available.” ANSI, for example, hosts a bunch of incorporated by reference standards on its website — but the only way to read them is to install a special kind of DRM (Windows and Mac only) that makes the documents purely read only. You are not allowed to save them. You are not allowed to download them permanently. You are not allowed to print them. And it’s not all standards that are incorporated by reference. Why do they do this? Well, most of them sell their standards to professionals who need to buy them, and they don’t want to give up on that revenue source (especially once those standards are incorporated by reference because at that point they become mandatory).

The technical term for this, “Nucking Futs.”

BTW, it does not just occur in law, it is common among international standards bodies for contributors to insert their IP into those standards, and then extract rents.

Our IP system is seriously broken.

And the JSF Clustf%$# Continues

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If there was one thing that you would think that the people managing could get right, it would be the rather prosaic ejection seat, which has been in fighter jets since the Korean war.

You would be wrong:

The US Air Force is looking into the possibility of replacing the Martin-Baker ejection seat on the F-35 joint strike fighter with the United Technologies ACES 5 model, Defense News has learned.

While still in the earliest stages, such a move could have have massive repercussions for the F-35 supply chain, impacting the workshare strategy that forms the backbone for the international fleet of the Lockheed Martin-designed fighter.

………

At the core of the Air Force’s move is concern over pilot safety following the discovery that F-35 pilots under 136 pounds were at increased, potentially fatal, risk of neck damage when ejecting from the plane aboard the Martin-Baker US16E design. The service has also acknowledged an “elevated level of risk” for pilots between 136 and 165 pounds.

Defense News first broke the news of that issue in October. As a result of the issue, pilots under 136 pounds are prohibited from operating the fifth-generation fighter, which went operational for the Marines in 2015 and is expected to be operational for the Air Force by the end of this year.

That pilot risk, Bunch said, is unacceptable.

………

Based on Bunch’s comments, it appears Air Force officials are concerned that another problem could occur with the Martin-Baker seat in the future, which raised the question of why the Air Force is only now starting to look at a backup option, eight months after the pilot safety concerns became public knowledge.

This is a big deal, particularly since changing the seats will mess up the work share with the UK. (Martin Baker is a UK firm)

The fact that this is still up in the air while the various branches are attempting to declare, or have declared, Initial Operating Capability (IOC) .

This is a definition of IOC that I was previously unaware of.

And He Would Have Gotten Away with It Too, If It Weren’t for That Meddling Journalist

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David Sirota has been all over the conflicts of interest and corruption at the heart of the proposed merger between the health insurers Anthem and Cigna:

Late last week, there was some notable news in the arcane world of insurance regulation: Connecticut’s state comptroller, Kevin Lembo, called on Insurance Department Commissioner Katharine Wade to recuse herself from a review of the proposed merger of the nation’s second- and fourth-largest insurers, Anthem and Cigna, in which the state has a lead role. “The revelations and repeated reports about your financial, personal and professional ties to Cigna,” Lembo wrote to Wade, “will make it challenging for the Connecticut public to view the review process of the Anthem-Cigna merger as fair and transparent.”

Lembo’s letter marked the latest turn in a controversy that, while building for more than a year, has come to a head over the past month—driven in substantial part by the ongoing reporting of David Sirota, the Denver-based senior investigations editor for the International Business Times. On June 1, Sirota published a lengthy piece weaving together previously-known and new concerns over conflicts of interest surrounding the merger review: Wade, appointed to her role in 2015 by Connecticut Gov. Dannel Malloy, is a former longtime Cigna lobbyist, her husband is a top Cigna lawyer, her father-in-law works for a law firm that lobbies for Cigna, and her mother worked for Cigna as recently as 2013. Wade’s brother, Sirota reported, also “previously worked as a counsel” for Cigna. Further, after reviewing more than a decade’s worth of campaign finance data, Sirota showed that Anthem, Cigna, and Cigna’s lobbying firm gave more than $2 million to groups linked to Gov. Malloy, with much of that money coming since 2015.

Since then, Sirota has produced more than a dozen follow-ups on the topic—tracking, for example, grassroots groups and state legislators calling on Malloy to remove Wade from the merger review—as what he initially envisioned as a “good little blog item” turned into an investigative series.

 Unfortunately, IBT is suffering financial difficulties, so go to their Political Capital page, and clock on their ads.

Seriously though, this coverage is kicking some major ass.

And the Con Continues to Unravel

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Theranos founder Elizabeth Holmes has been banned from running labs for 2 years:

In a severe turn of events for former blood testing darling Theranos, which has been defending itself against accusations of wrongdoing for months, U.S. regulators slapped strong sanctions against the company and its owner.

Theranos said in a statement issued late Thursday that the certificate for its lab in Newark, Calif., had been revoked, its approval to receive Medicare and Medicaid payments “cancelled,” and that it would have to pay an unspecified fine. In addition, chief executive Elizabeth Holmes, the company’s founder, will be banned from owning, operating or directing a lab for at least two years.

………

Theranos was perhaps the most celebrated of these young companies. Holmes was at one time compared to Apple’s Steve Jobs, and the company’s valuation was estimated to be a staggering $9 billion at its peak.

I still don’t understand how this company was ever seen as a success.

Their technology never worked., but supposedly sophisticated investors showered them with hundreds of millions of dollars.

This is nuts.

Good Jobs Stats this MOnth

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287,000 new jobs in June:

Quashing worries that job growth is flagging, the government on Friday reported that employers increased payrolls by 287,000 in June, an arresting surge that could reframe the economic debate just weeks before Republicans and Democrats gather for their conventions.

The official unemployment rate did rise to 4.9 percent, from 4.7 percent, but that was largely because more Americans rejoined the work force. And average hourly earnings ticked up again, continuing a pattern of rising wages that brought the yearly gain to 2.6 percent.

“Wow, this one takes my breath away,” said Diane Swonk, an independent economist in Chicago.

An unexpectedly grim employment report in May combined with Britain’s vote to leave the European Union had fanned wider concerns that the American economy was in danger of stalling. During its meeting last month, the Federal Reserve unanimously decided to postpone increasing the benchmark interest rate.

It’s just one month, and part of that number is Verizon strikers returning to work, and it follows a horrible May.

About all we can say is that the Fed almost certainly won’t do anything with rates before the election.

Quote of the Day

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Clinton will probably get through this, but if she has any plans to shoot people on major thoroughfares or conduct human sacrifices in honor of the goddess of time and death, she’d be wise to put them on hold.

—Eirc Zorn explaining how he’s willing to cut Hillary Clinton a lot of slack because she is not Donald Trump.

The Natives are Restless in Euro Land

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It looks like a number of the periphery countries in the EU are unamused that decisions about a response to the Brexit are being made without consulting them:

Janos Lazar’s shock revelation on Thursday afternoon came as a growing number of EU members have joined a queue to back leaving the bloc after Britons voted to leave last week.

The Minister for the Prime Minister’s office, said: “I couldn’t vote whole-heartedly for Hungary to stay in the EU.

“Europe does not equal the EU. The EU is not able to protect the rights and values of Europe.”

He said it was his own opinion, and not the government’s.

Mr Lazar voted for Hungary to join the EU 12 years ago, but said he has been very disappointed ever since.

Mr Lazar added: “The Hungarian government is not planning on holding a referendum on leaving the EU.”

Hungary, which joined the EU in 2004, has become part of a core group of rebels, including Poland, the Czech Republic and Slovakia, who threatened today to draw up their own plans for a less centralised EU.

Poland, which also joined in 2004, is leading the rebellion by nine former communist countries after accusing the old guard – Belgium, France, Italy, Germany, Luxembourg and the Netherlands – of monopolising EU discussions after holding private talks in Berlin over the weekend.

Of course, people like the head of the right wing Dutch Freedom Party, Geert Wilders, is calling for Holland to leave the EU, but they have been (rightly) dismissed  as cranks.

Now they are being viewed as a threat.

The real danger of the long standing dysfunction of the EU is that it is increasingly empowering people like Wilders and granting legitimacy to their hatred.

This is not going to end well.

The Chilcot Report is Out, and It’s 12 Volumes of Whup Ass

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The reporting is reveals the mendacity, incompetence, and complete impotenceof Tony Blair on Iraq:

The Chilcot inquiry has delivered a damning verdict on the decision by former prime minister Tony Blair to commit British troops to the US-led invasion of Iraq in 2003. It says:

The UK chose to join the invasion before peaceful options had been exhausted
Chilcot is withering about Blair’s choice to join the US invasion. He says: “We have concluded that the UK chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted. Military action at that time was not a last resort.”

Blair deliberately exaggerated the threat posed by Saddam Hussein
Chilcot finds that Blair deliberately exaggerated the threat posed by the Iraqi regime as he sought to make the case for military action to MPs and the public in the buildup to the invasion in 2002 and 2003. The then prime minister disregarded warnings about the potential consequences of military action, and relied too heavily on his own beliefs, rather than the more nuanced judgments of the intelligence services. “The judgments about Iraq’s capabilities … were presented with a certainty that was not justified,” the report says.

Blair promised George Bush: ’I will be with you, whatever’
Tony Blair wrote to George W Bush eight months before the Iraq invasion to offer his unqualified backing for war well before UN weapons inspectors had complete their work, saying: “I will be with you, whatever.” In a six-page memo marked secret and personal, the then British prime minister told Bush, US president at the time, in July 2002 that the removal of Saddam Hussein would “free up the region” even if Iraqis may “feel ambivalent about being invaded”. It was one of 29 letters Blair sent to Bush in the run-up to the Iraq war, during the conflict and in its devastating aftermath, released on Wednesday as part of the Chilcot report.

“I will be with you whatever”.

He really was Bush’s Poodle.

I would also note that current Labour leader Jeremy Corbyn is suggesting that the parliament should take some sort of action against blair, which implies that he is generally supportive of efforts by some Scottish National Party MPs to draft bills of impeachment against Blair: (Impeachment is a very different thing in the UK)

Senior figures from Labour and the Scottish National party are considering calls for legal action against Tony Blair if the former prime minister faces severe criticisms from the long-awaited inquiry into the war in Iraq.

A number of MPs led by Alex Salmond are expected to use an ancient law to try to impeach the former prime minister when the Chilcot report comes out on Wednesday.

The law, last used in 1806 when the Tory minister Lord Melville was charged for misappropriating official funds, is seen in Westminster as an alternative form of punishment that could ensure Blair never holds office again.

Triggering the process simply requires an MP to propose a motion and provide supporting evidence as part of a document called the article of impeachment which has no time limit placed upon it. If the impeachment attempt is approved by MPs, the defendant is delivered to Black Rod [kind of like a sergeant at arms] before a trial.

A simple majority is required to convict, at which point a sentence can be passed which could, in theory, involve Blair being sent to prison. However, MPs have said the attempt will be symbolic and is unlikely to result in imprisonment.

Salmond, the former Scottish first minister, said there “has to be a judicial or political reckoning” for Blair’s role in the Iraq conflict. “He seemed puzzled as to why Jeremy Corbyn thinks he is a war criminal, why people don’t like him,” he told Sky News.

“The reason is 179 British war dead, 150,000 immediate dead from the Iraq conflict, the Middle East in flames, the world faced with an existential crisis on terrorism – these are just some of the reasons perhaps he should understand why people don’t hold him in the highest regard.

“[MPs] believe you cannot have a situation where this country blunders into an illegal war with the appalling consequences and at the end of the day there isn’t a reckoning. There has to be a judicial or political reckoning for that.”

John McDonnell, the shadow chancellor, did not disagree with the suggestion that he and Corbyn were going to “crucify” the former leader for “being a war criminal”.

I really hope that Blair is impeached.

It would result in his living he rest of his life in well-deserved disgrace, and it would also mean that his lucrative consultancy business would likely be dashed.

I’d like to see jail time, but that won’t happen, so disgrace is the best one can hope for.