Monday, October 1, 2012

Curt Schilling, one of the principal heroes of the Boston Red Sox thrilling 2004 World series run, stood on stage with [gubenatorial] candidate Scott Brown, at stops throughout the commonwealth, and recited the vintage conservative psalms of up-by-the-bootstraps philosophy, “He’s for smaller government, stopping the concentration of power in one political party, a strong military and vigorous homeland defense, as well as — and probably most appropriate and meaningful right now — giving all Americans health care, but not by creating a new government insurance program.”

Surprise! She's a Hawk!


The Problem With Massachusetts And Elizabeth Warren


by MICHAEL ARRIA

It’s somewhat embarrassing, but when I think back to the evening Scott Brown captured Ted Kennedy’s vacant Senate seat in my home state of Massachusetts, what I remember, above all else, is a Facebook comment. An old acquaintance took to the Social Network to congratulate Massachusetts on not becoming “Alabama in reverse.” The implication of this status update was that The Old Colony had devolved into a remorseless sea of dark blue; a prepossessed purgatory of obligatory taxes and unrelenting elitism, that was incapable of serving as anything other than a right-wing punch line. These sentiments were summarized in a 2007 book by local television analyst Jon Keller titled, The Bluest State: How Democrats Created the Massachusetts Blueprint for American Political Disaster, “At one time, Americans thought of Massachusetts with pride. It was the place where the charge against British oppression was incubated and first battle of the Revolutionary War was fought. It was the intellectual center of the United States, the home of the country’s first university – Harvard – and the birthplace of some of our most famous writers — Emily Dickinson, Ralph Waldo Emerson and Henry David Thoreau, to name just a few.

What do Americans picture when they think of Massachusetts today? They think of taxes on everything that moves and a burning desire to tax what doesn’t. They think of unctuous, doomed Presidential candidates from Michael Dukakis to John Kerry. And, most of all, they think of “Kennedy Country” - not the moderate politics of JFK who backed supply-side tax cuts and saber-rattling foreign policy, but a place influenced by the ideology of his little brother, Ted, a punch line for bad political jokes and the relic of a dream gone bad.”

The dream was to be restored through the no-nonsense words and alluring visage of Scott Brown. The lawyer, politician, and former model declared that Massachusetts needed an independent voice, branded himself as a new kind of Republican, and continually referenced the fact he drove a truck. Curt Schilling, one of the principal heroes of the Boston Red Sox thrilling 2004 World series run, stood on stage with the candidate, at stops throughout the commonwealth, and recited the vintage conservative psalms of up-by-the-bootstraps philosophy, “He’s for smaller government, stopping the concentration of power in one political party, a strong military and vigorous homeland defense, as well as — and probably most appropriate and meaningful right now — giving all Americans health care, but not by creating a new government insurance program.”

Brown stupefied the experts, raising over a million dollars in a day and clinging to the reputation of The Underdog. The elite, those running Massachusetts like their own personal piggy bank, weren’t taking an outsider seriously, just like they didn’t take the citizens of their state seriously. Any deviation from this script, any attempt to steer the debate away from emotion and into the sticky realm of facts was met with staunch GOP opposition. When the Democratic candidate, and Massachusetts Attorney General, Martha Coakley ran a television spot criticizing Brown’s stance on emergency contraception, he accused her of running “attack-ads”, the disgusting inverse of dichotomous high-mindedness.

When he shocked the world and flipped the script on Massachusetts, the praise poured in from all quarters. The liberal Boston Globe identified Brown as the Bostonian of the Year for proving that “anything is possible” and producing “the tiniest rays of bipartisanship in a Senate dark with dysfunction.”

Like most seemingly spontaneous bursts of populism, the problematic specter of anti-systemic rightwing thought quietly hovered above the evening’s festivities. Kick over any bit of Brown’s stagecraft and find yourself face to face with grim realities. During a campaign stop, a supporter yelled that Brown should, “stick a curling iron up [Coakley’s] butt,” a horrific reference to a sexual molestation case that occurred while she was Attorney General. This call for a local female politician to be sodomized was met with a giggle and nod by Brown, the few bleats of protest shrugged off as political sniping. The Tea Party played their hand superbly, never officially tagging the Bipartisan Boy Wonder with the mark of the beast, but working fundraisers for him and running cable spots celebrating his candidacy. As for Curt Schilling, he continually expressed his opinions on personal economic responsibility while borrowing $75 million from the state of Rhode Island in order to fund a videogame company, a venture which left him over a million bucks in debt to the state. When asked by a journalist if the taxpayers of Rhode Island would ever see their money again, he told the inquisitive reporter to ask the Governor. How does Schilling, who made more than $60 million during his time with the Red Sox, cope with the financial loss he dealt to the state? “Faith. My faith in God.”

The ascent of Brown also highlighted a Massachusetts that is seldom dissected by America’s punditry. Content to use the New England state as a barometer to mark the tolerable height of liberal governance, the media fails to draw attention to its disturbing racial history and dynamics. Yes, as people frequently point out, Massachusetts is the only state that George McGovern carried during the 1972 election, but four years later local analysts identified it as a state George Wallace could potentially snag in the Democratic primary, with so many white voters enraged by the busing crisis. After Boston Celtics’ first-round pick Len Bias died of a cocaine overdose, the era of draconian racial drug-policy was led by the beloved local statesman Tip O’Neil, Speaker of the House at the time, who bellowed at his staffers to write him “some goddamn legislation” and got his wish with mandatory minimums and new discrepancies in the cocaine laws; a tightening that led to what Michelle Alexander has called, “The New Jim Crow.”

By the way, Obama didn’t win Massachusetts, Hilary Clinton, who toured the white working-class areas hit hardest by the country’s economic collapse and rolled out the standard staples of Clintonian triangulation, snagged it. The unspoken underbelly of Massachusetts, predicated on philosophies spun by Archie Bunker, is always closer than the professors and students that pack Boston let on; walk into any number of local bars or tune into a Massachusetts talk-radio station and quickly realize that the thesis hatched by my FB buddy is a myth. If Massachusetts represents anything it’s the inability of liberals to fight for the interests of their base, thus allowing vociferous proponents of backlash politics to fill in the gaps. Just look at the career of Governor Deval Patrick, as an example: his campaign was backed by many of the same PR firms that helped Obama become a Senator, identified casino gambling as the way to push Massachusetts ahead economically. The day his plans were rejected by the state legislature, he was out of town plugging his autobiography, an optimistic view of public life that netted him a $1.3 million contract. When something resembling a controversy broke out over Mitt Romney’s time with Bain Capital, Patrick was quick to defend the company along with the wider concept of private equity.

Into this depressing morass skips Elizabeth Warren: reasonable human being, savvy economic mind, possible Native American, and liberal darling. By now we can all recite the Harvard Law School professor’s biography, we are aware of her books and articles, we know she oversaw the creation of the Emergency Economic Stabilization Act, and that she was instrumental in the creation of the Consumer Financial Protection Bureau. Most importantly we know that, despite progressive pressure, Obama decided against allowing her to run the organization, due to the ire she generated in bankers, picking the strikingly non-feisty Richard Cordray to keep the agency relatively toothless. Warren also burrowed her way into our collective consciousness via her cameo in Michael Moore’s Capitalism: A Love Story, in which she effectively answered the question, “Where’s our money?” David Simon repeated her rudimentary explanation of economics in a speech (“You built that with help.”) and then, most recently, Obama aped it as a campaign piece, leading to predictable charges of Communism from the Fox News set. Her track record on standing up Wall Street is a pretty good one and anyone who upsets the American Right in the way that Warren does is generally a great bet. Shortly after announcing her candidacy, she was confronted by an irate audience member at a speech who accused her of being a “whore” aligned with the OWS movement. YES! This ringing endorsement solidified what any self-respecting leftist already knew: saying Warren was a better candidate than Brown was like saying it’s colder in January than it is in July.

Nonetheless, issues arise and, once again, our surface proves to be deceptive. Minimal digging into the political stances of Warren unearths a number of foreign policy positions that put her at odds with her base. Start with her staunch support for the economic sanctions against Iran, recently strengthened to unparalleled heights by H.R. 1905. “The United States must take the necessary steps to prevent Iran from acquiring a nuclear weapon. I support strong sanctions against Iran and believe that the United States must also continue to take a leadership role in pushing other countries to implement strong sanctions as well. Iran must not have an escape hatch,” Warren said in April, before being questioned by a blogger at a meet-and-greet and claiming she would look into his assertion that no proof exists linking Iran with nuclear weapons. Warren quantified her statement by later explaining that, “careless talk of rushing to war is unhelpful,” but what can you possibly call sanctions designed to make Iran’s economy scream if not an act of war? According to the journalist Franklin Lamb, the new legislation is, “designed to prevent Iran from repatriating any proceeds from its oil sales, thus depriving Iran of 80 percent of its hard currency earnings and half of the funds to support its national budget for education, health, food subsidies and other needed public purposes.”

Another security staple of the current administration, that Warren feels passionate about, is Obama’s controversial “Kill List.” After the New York Times published an in-depth story detailing the President’s personal connection to the, possibly illegal, program, Warren declared, “These threats are not going away. We must remain vigilant. Al Qaeda has operations or affiliates in Pakistan, Yemen, Somalia, and elsewhere around the world. We need to continue our aggressive efforts against Al Qaeda, and we need to continue to support the efforts of our intelligence, law enforcement, homeland security, and military professionals.”

Warren’s position on Israel may be the most craven of all, as she leaves little doubt which side she would have taken in the recent brouhaha, that erupted at the DNC, when a reference to Jerusalem was rammed into the party’s platform. Her website rolls out the usual platitudes (“steadfast, trusted, and reliable allies”) and identifies Palestine’s membership effort at the UN as a “unilateral step” that cannot be condoned. As for the United States assisting in a two-state solution, America “cannot dictate the terms” to Israel, regarding whether or not they should refrain from bulldozing houses or cutting off a population’s access to water.In an article, at Al Akhbar, Max Blumenthal took her to task on the question of Israel, before ending with an entirely sensible point, “ It is far better for progressives to grill her on her foreign policy positions before the campaign is over than after the next war begins.”

However, as we know, liberals aren’t always receptive to sensible points. Criticism of Warren’s warmongering has been virtually nonexistent and millions of dollars have poured into her campaign, without caveats. After Norman Solomon, the celebrated journalist and distinguished antiwar activist, lost his congressional bid in California, Dave Swanson, former advisory board member of Progressive Democrats of America, put things into a perspective that few dared to ,“You’ll see a lot of support for Warren, who’s perfectly fine with the wars but wants the bankers to help pay for them. Norman Solomon isn’t that kind of guy. This is someone who was attempting to infiltrate the party from the outside.”

Apologists like to shrug off the left’s ability to infiltrate the Democratic Party and talk about the constrictions imposed by modern politics, but history proves this position cynical. Shit, anyone who read Game Change knows how conscious of the antiwar movement the Clinton campaign was. One of the definitive examples of the left pushing Democrats to reckon with their demands is the case of Eugene McCarthy, the snobby Catholic politician from Minnesota, who sported all the standard pro-war characteristics of a Cold-War liberal before being propped up as a viable threat to LBJ by a fervent anti-Vietnam War movement. McCarthy turned out to be a fraud, disappearing when the smoke settled and, occasionally, resurfacing to vouch for the Reagan administration or plug a new book of poetry, his commitment to the people of Vietnam virtually nonexistent. Therefore, the enduring lesson of McCarthy’s impact should not be the beacon of hope that a courageous politician can represent, as the establishment would have you believe, but the power of social movements to push candidates on issues.

I asked Dominic Sandbrook, author of Eugene McCarthy: The Rise and Fall of Postwar American Liberalism, how he contrasts a political climate in which McCarthy was pushed to antiwar positions, with the current apologetics for perpetual Empire emanating from the left/liberal set. After mentioning the draft, he zeroed in on the current economic landscape, “My sense is that voters can only really concentrate on one or two issues at a time, and today that means the economy. Everything else is secondary, so any candidate planning to run on an exclusively anti-war platform would be misguided, in my view. The contrast with 1968 is glaring: Vietnam was then a transcendent issue, while the economy was in much better shape, which opened up space for an anti-war campaign.”

The transcendent issue is now the economy and, as good as Warren is on that, her blemishes on war factor into her perception of the dilemma. For instance, she recycles that tired liberal line about Bush sticking the Iraq War on a credit card. As Yves Smith brilliantly pointed out, on Naked Capitalism, “She seems to have fallen for the balance budget meme, when the proper role of government fiscal policy is to accommodate the actions of the private sector, meaning households and business. Households want to save for retirement and emergencies, and the tacit assumption is business invests household savings. Unless a country is running a trade surplus, and the US is not in that category, the government needs to accommodate the desire of the private sector to save by deficit spending. Otherwise wages fall and the economy contracts, and that makes the debt to GDP ratio worse.”

This is what makes the liberal silence on Warren’s international vision so disturbing. How can anyone truly work on reforming the economic system in our country without addressing the existence of a permanent-war economy? How can anyone tackle the issue of tax breaks without taking a look at the House Armed Services Committee and the Defense Subcommittee of the House Appropriations Committee defense bills? If the problem with the Iraq War isn’t the subversion of international law, or destruction of a country, but whether or not it impacted our ability to balance the budget, doesn’t logic dictate a war with Iran, with the potential of bailing out the economy, could easily be embraced?

When Obama campaigned for President, he made no attempts to conceal his positions on Afghanistan or Pakistan. Right before the election, the late Christopher Hitchens, an Obama supporter, argued that the joke wasn’t on him, an adamant War on Terror enthusiast, but on the young antiwar protestors lining up behind the promise of Hope and Change, “American liberals can’t quite face the fact that if their man does win in November, and if he has meant a single serious word he’s ever said, it means more war, and more bitter and protracted war at that—not less.”

He was right. If Elizabeth Warren becomes Senator, her critics stand to be correct as well, although her potentially toxic votes on war will be overshadowed by those enduring right-wing mantras: Massachusetts liberal, bluest of blue states…

Then what?

Michael Arria writes for Vice’s Motherboard.tv.



The Waning of American Power in the Middle East: So many American and allied soldiers have now been shot by Afghan soldiers and police that US advisers are under orders to wear full body armour when having tea with their local allies.

Who Will Tell the President?

The Waning of American Power in the Middle East

by PATRICK COCKBURN

Are the days of American predominance in the Middle East coming to an end or is US influence simply taking a new shape? (One can only hope so) How far is Washington, after refusing to try to keep Hosni Mubarak in power in Egypt, facing the same situation as the Soviet Union in 1989, when the police states it had sustained in Eastern Europe were allowed to collapse? (The U.S. will go to any and all violent extremes with the CIA using its proxy military and paramilitary forces to wage acts of war upon any peoples it deems necessary to way war upon to "teach the upstarts a lesson - the lesson of our enduring cruelty)



The US is obviously weaker than it was between 1979, when the then Egyptian president, Anwar Sadat, signed the Camp David agreement and allied Egypt with the US, and 2004/05, when it became obvious to the outside world that the Iraq war was a disaster for America. At the time, General William Odom, a former head of the National Security Agency, the biggest US intelligence agency, rightly called it “the greatest strategic disaster in American history”.



Since then, the verdict of the Iraq war has been confirmed in Afghanistan, where another vastly expensive US expeditionary force has failed to crush an insurgency. In the last few weeks alone, Taliban fighters have succeeded in storming Camp Bastion in Helmand province and destroying $200m worth of aircraft. So many American and allied soldiers have now been shot by Afghan soldiers and police that US advisers are under orders to wear full body armour when having tea with their local allies.



The Arab Spring uprisings posed a new threat to the US, but also opened up new options. Support for Mubarak was decisively withdrawn at an early stage, to the dismay of Saudi Arabia and Israel. But the Muslim Brotherhood had long been considering how it could reach an accommodation with the US that would safeguard it against military coups, and enable it to chop back the power of the Egyptian security forces. This was very much the successful strategy of the Turkish Prime Minister Recep Tayyip Erdogan and his Justice and Development (AKP) party, explaining why it was prepared to join the US in invading Iraq in 2003 and why it has become the chief instrument of American policy towards Syria in the past year.



This alliance with Islamic but democratic and pro-capitalist parties in Egypt and Turkey is obviously in the interests of the US and the Atlantic powers. But their support for democratic change in North Africa and West Asia is determined by self-interest. It does not, for instance, extend to Bahrain where the Sunni al-Khalifa monarchy has been busily locking up its Shia opponents and retreating from promises of meaningful reform. But new allies must at some point mean fresh policies. In sharp contrast to the Mubarak regime, a new government in Egypt is unlikely to support covertly Israeli military action such as the bombardment of Lebanon in 2006 and of Gaza in 2008.



A problem for the White House is that American voters have not taken on board the extent to which US influence has been reduced. For all the rhetoric about the Iraq war being a strategic disaster, the American political and military elite has also failed to appreciate the extent and consequences of failure. It is extraordinary to discover, according to recent revelations, that as late as 2010 Vice-President Joe Biden was under the impression that he could blithely decide who would be president of Iraq. Biden’s grip on Iraqi geography appears to be as shaky as his understanding of its politics. On one occasion in Baghdad, he lauded all the good things the US had done for Baku, the capital of Azerbaijan, having apparently mistaken it for Basra in southern Iraq.



The killing of the US ambassador to Libya, Christopher Stevens, and the burning of the US Consulate in Benghazi could have been a worse political disaster for President Barack Obama than it turned out to be. It highlighted that the rebels who overthrew Muammar Gaddafi were not quite as they had been presented by the US government and media during the war past year. The US State Department appears to have had an unhealthy belief in its own propaganda, not seeing that its consulate in Benghazi was in one of the most dangerous places in the world. The assault did not come out of a blue sky. Fighters had shot at the convoy of the British ambassador, Sir Dominic Asquith, in Benghazi a few weeks earlier. In July last year, the rebels’ own commander, Abdel Fatah Younis, was abducted and murdered by men nominally under his command in revenge for repressive actions he had carried out before he defected from Gaddafi’s forces.



Diplomats and soldiers are often curiously blind to dangers facing them. It may be that both live in very inward-looking communities and somehow cannot internalise how somebody outside may think and act. I remember in 1983 in Lebanon talking to the highly intelligent US marine commander whose soldiers were based near Beirut airport. In theoretical terms, he could see very clearly that American forces had some very dangerous enemies and were vulnerable to attack, but he unaccountably failed to take effective measures that might have stopped a truck packed with explosives killing 241 marines when their base was destroyed. Likewise, the Green Zone in Baghdad from 2003 on had elaborate fortifications, but its outer defences were manned at one moment by former Peruvian policemen from Lima and, at another, by ex-soldiers from Uganda hired on the cheap by a security company.



A more effective political opponent than Mitt Romney could surely have inflicted damage on Obama over the Benghazi debacle. A measure of Romney’s ineptitude is that he failed to do so and, instead of scoring points, he came across as opportunistic and ignorant. After all, Obama has been conducting a policy of retreat in Iraq, Afghanistan and Egypt without quite coming clean about it. Romney’s denunciation of Obama for “apologising” for America was shallow demagoguery, though rhetoric on the American right should not be dismissed too casually. George W Bush’s supporters used to spout similar nonsense, but only after 9/11 did it become appallingly clear that they believed a lot of what they were saying.



Supposing Obama is re-elected in November, will the US stance change at all? The endlessly repeated Israeli threats to launch air strikes on Iran have always struck me as being most likely highly successful bluff, since threats alone have served Israeli purposes so well, isolating Iran economically and diverting attention from the Palestinians.



More immediately, will the US move after the election, possibly acting through Turkey, to take military action to displace Bashar al-Assad in Syria? There is something deceptive about David Cameron implying that Russia and China are responsible for the slaughter of Syrian children.



A central problem in getting rid of President Assad and the Baathist regime is that the war against him is not just for and against autocracy. If this were the only issue, how come that the Sunni absolute monarchies of the Arabian peninsula are Assad’s fiercest enemies? The struggle is also between Shia and Sunni and between Iran and its enemies, guaranteeing that Assad has support in Tehran, Baghdad and Beirut. The quickest way to end the war is to reassure Assad’s allies at home and abroad that they are not next in line for elimination.



PATRICK COCKBURN is the author of “Muqtada: Muqtada Al-Sadr, the Shia Revival, and the Struggle for Iraq.



Sunday, September 30, 2012

It’s far better to offer services of exceptional value with customer and employee satisfaction to sustain or grow a business. Natural growth built on a sound business foundation is far sturdier than scaling to mass.

Sunday, September 30, 2012

The Problem of Mass- Just ask General Motors!

Jim Carver - Blogger @ Cleveland Plain Dealer


We’ve seen the history of mass during the Industrial Revolution. It has taken the form of: production, factories, transportation, food, retailers, riots, consumption, marketing, start-ups, dotcoms, healthcare, layoffs, moving overseas and closures. Anyone see a mass pattern here?

During the 1960’s, it was common to find several gas stations at any major intersection in the United States. They attempted to offer free drinking glasses or soda (6 packs, 12 packs, or even a case) to compete for your business. Many offered full service car repair. The service stations paid employees to wash your windows, check your oil and pump the gasoline.

Near the end of the long tail, service stations offered free 2-litre for enticement, but the auto services and attendants began being replaced with mini-market stores inside the business. Check your own oil, wash your own windows, pump your own gas or air into your tires (no longer free). The money was being made from the food and merchandize sold inside the market, not the gasoline product.

Gas card have become the only form of enticement and serve as a form of customer tracking, while some outlets feature a car wash. Few gas stations offer any type of mechanical service.

Slowly gas stations in cities became less prevalent. The economics of the industry changed. Retailing to the masses was no longer sustainable.

Many of those street corner businesses have been replaced by drugstores. Where you find one pharmacy, you’re likely to see another close by.

The same with big box stores replacing grocery stores, hardware and retail stores. Businesses designed to market to the masses by offering one-stop shopping.

Healthcare is another industry falling into the mass trap. Many healthcare businesses are expanding, merging systems to reduce cost and increase services. This reduces the competition and one company is committed to serving the masses.

The biggest problem of scaling to mass is- it just doesn’t last. One large change in economics, technology or market share can bring a giant to its knees. Just ask General Motors.

The problem of mass:

· Lower wages (unless unionized).

· Loss of personalized service. Mass is about numbers, not people.

· Customer service suffers. Familiarity is gone. Nobody knows you.

· Quality becomes lost in the focus of mass (replaced with a chant).

· Lack of standardization of employee roles becomes a morale issue.

· Consistency from employees between roles, location and businesses differ.

· Growth is all that matters.

The biggest problem with mass is once the threshold of growth is met, the scale of the business becomes about reduction. Then the pain begins. When you cheapen something to obtain mass acceptance, offering less at the lowest price is the only option. The race to the bottom is all about someone else doing something cheaper!

It’s far better to offer services of exceptional value with customer and employee satisfaction to sustain or grow a business. Natural growth built on a sound business foundation is far sturdier than scaling to mass.

It’s no secret.

Just ask General Motors!

Until We Meet Again,

Jim Carver



Executive privilege may ring a bell. Republican President Richard M. Nixon claimed it during Watergate. So, last spring, did Democratic President Barack Obama -- trying to block release of documents pertaining to Operation Fast and Furious, the disastrous federal gun-walking sting.

Ohio's latest open-records tiff concerns
executive privilege: editorial
By The Plain Dealer Editorial Board The Plain Dealer


Ohio's public records maxim was first enunciated in 1901 by a Cincinnati judge: "Public records are the people's records. The officials in whose custody they happen to be are mere trustees for the people, any one of whom may inspect such records at any time."

But Judge Rufus B. Smith also said that may not "endanger the safety of the record, or unreasonably interfere with the . . . duties of the officer having custody of [it]."

Smith's opinion has spawned 111 years of arguments.

The latest is a skirmish between the Ohio Democratic Party and Republican Gov. John Kasich. Democrats say Kasich is releasing less information -- mainly about his schedule -- than Ohio's open-records law requires.

In part, Democrats want to learn, to recall the Watergate-era bromide, what Kasich knew and when he knew it, about a probe of then-Superintendent of Public Instruction Stan W. Heffner's conflicts of interest. (The Republican-run Franklin County prosecuting attorney's office and the Columbus city attorney's office, run by a Democrat, both decided not to charge Heffner.)

Kasich aides gave the Democrats some data, but less than the Democrats say the law requires. The Plain Dealer's Aaron Marshall reported that of 127 events on Kasich's schedule from June 1 to July 8 of this year, 80 were blacked out.

The Kasich administration says the Open Records Act doesn't encompass some of the information Democrats seek -- and that a 2002 Ohio anti-terrorism law exempts disclosure of "security records" pertaining to public officials' safety.

What really irks Democrats is that one of seven legal defenses Kasich's lawyers offer is executive privilege. 'Ohio didn't recognize executive privilege until 2006, when the state Supreme Court, in a wrongheaded 5-2 decision, played legislature and jammed the concept into Ohio's law books.

Executive privilege may ring a bell. Republican President Richard M. Nixon claimed it during Watergate. So, last spring, did Democratic President Barack Obama -- trying to block release of documents pertaining to Operation Fast and Furious, the disastrous federal gun-walking sting.

Ohio, given its open-records heritage, does need a robust debate on executive privilege. It's too bad the Democrats didn't start one when they ran Ohio's House and Democrat Ted Strickland was governor. For now, the test of Kasich's good will is his compliance with both the letter and the spirit of the open-records law. On that front, Ohioans must keep watching -- closely.






Consider the biggest flops of all time. So many are obscure. Like 2005's "Stealth" starring Jamie Foxx, who was coming off his Oscar for "Ray." It lost $111 million. It was a "Top Gun" knockoff, minus the box office.

They don't make Hollywood flops like they used to anymore. Ask Taylor Kitsch

Published: Sunday, September 30, 2012,
By Michael Heaton

The Plain Dealer The Plain Dealer

   
Considering how much forgettable celluloid comes out of the West Coast these days, it's a safe argument that Tinseltown has run out of creative juice.

In fact, you can take this argument further. Hollywood doesn't even know how to make a proper flop of a movie anymore.

Do you know what Hollywood leading man had the worst cinema summer in recent history?

Not Tom Cruise. Not Denzel Washington. Not Clint Eastwood.

His name is Taylor Kitsch.

Taylor who?

See what I mean? Kitsch had not just one summer bomb at the box office but three. Count 'em: "John Carter" "Battleship" and "Savages." Never heard of those movies either? More to my point. Together they made $185 million, which was like the cost of the food on the snacks table for the crew on "John Carter" alone. The movie "John Carter" lost $165 million.

Talk about box-office poison.

Kitsch -- whose sole resume boost was a terrific run on television's acclaimed "Friday Night Lights" -- had a toxic trifecta on the big screen. Only movie critics and a few astute readers of Entertainment Weekly ever heard about it.

To make a genuine flop, a bomb, a stinker, a train wreck, a debacle in the classic sense of the term, four things are required: big stars, high expectations, a big budget and a massive hemorrhaging of funds.

Consider the biggest flops of all time. So many are obscure. Like 2005's "Stealth" starring Jamie Foxx, who was coming off his Oscar for "Ray." It lost $111 million. It was a "Top Gun" knockoff, minus the box office.

Remember the 2008 "Speed Racer" starring Emile Hirsch? It was based on the animated Japanese cartoon of the 1960s. Did you know it lost $114 million?

"Mars Needs Moms" lost $140 million in 2011. If you don't remember that one, you're not alone.

Part of the problem is that Hollywood churns out so many movies now, if one doesn't catch fire on the first weekend it opens, it is replaced quickly with another. There's no time to anticipate the impending doom of a coming flop and enjoy the fiscal disaster once it crashes and burns. Big film disasters go largely unnoticed today.

Like "Sahara" in 2005, starring Matthew McConaughey and Steve Zahn? It lost $144 million. It's not that it failed. Who knew it opened?

Another problem is that movies are no longer cultural events the way they were in the 1970s and earlier when every other movie made a major statement about life, the world or society. The only people Hollywood makes movies for today are comic-book fans. Spike Lee said in an interview recently that he couldn't have made "Malcolm X" and Oliver Stone couldn't have made "JFK" today because neither wore tights and a cape.

But getting back to flops. Not only did baby boomers grow up in a time of great movies, they grew up at time when a huge flop was something to be enjoyed. They were grand examples of the folly of man.

The queen of all flops might be the 1963 epic "Cleopatra" starring Liz and Dick and a cast of thousands. It was that year's top-grossing film, raking in $26 million. It cost $44 million.

Michael Cimino's Western "Heaven's Gate" in 1980 was a long, ponderous product of a misguided ego. He had just come off the success of "The Deer Hunter" and was in love with his own genius. It also cost $44 million. It made a fraction of that back.

This isn't exactly ancient history, but the 1995 pirate movie "Cutthroat Island." starring Matthew Modine and Geena Davis and directed by Renny Harlin, is a flop many people still remember fondly. Cost $98 million. Grossed about $10 million. Yo ho ho and a bottle of flop. Don't blame the pirate theme. Johnny Depp did all right with it a few years later.

"Ishtar" is another proud member of the Movie Flop Hall of Fame. Starred Warren Beatty and Dustin Hoffman. Cost about $55 million. Made $12 million. Director Elaine May and producer Beatty locked horns throughout the shoot, which took place in Morocco. Same place they shot "Sahara." Note to self: Never make a movie in Morocco.

So is it all over for our friend and thrice-flopper Kitsch? Don't worry about him. Heck, he's on the cover of Esquire magazine this month as one of Hollywood's hottest young hunks.

He has a charmed existence -- as well as a Teflon career.



In the 8-county Cleveland area, 17 percent of households make at least $100,000;

17 percent of households make at least $100,000;
16 percent less than $15,000:

Sunday's Numbers
Published: Sunday, September 30, 2012
By Rich Exner, The Plain Dealer The Plain Dealer


3 percent: Share of households in the eight-county Cleveland-Akron area with an income of $200,000 or more.

17 percent: Households with income of at least $100,000.

15.7 percent: Households with income of less than $15,000.

$45,921: Median household income, meaning half are below this level and half are above.

$62,711: Average household income.

14.9 percent: Households with foodstamp benefits in the last 12 months.

3.9 percent: Households receiving welfare cash payments in the past 12 months.

$3,226: Average annual welfare cash assistance among those receiving such money.

Source: Census Bureau's 2011 American Community Survey

This term opens with questions about the unity of the five Republican-nominated justices who since 2006 have had a remarkable impact on the court's jurisprudence: striking down campaign finance regulations, approving federal restrictions on abortion and expressing doubts about government programs that make distinctions based on race.

Supreme Court to address civil rights,
voting laws in new term

Published: Sunday, September 30, 2012
 
Cleveland Plain Dealer  
 
WASHINGTON -- The Supreme Court begins a new term Monday with the most important civil rights agenda in years on the horizon and amid intensified scrutiny of the relationship between Chief Justice John Roberts and his fellow conservatives.

If last term's blockbuster cases involving immigration and President Barack Obama's Patient Protection and Affordable Care Act centered on the reach of the federal government's powers, this term offers a chance to cast the 21st century meaning of the Constitution's guarantee of equal rights.

A combination of cases asks the court to decide whether special protections and accommodations for minorities (if the court should rule that indeed special protections and accomodations for minorities HAVE reached their limit ... look forward to the return to slavery and immigrant migrant worker days - a wet dream for the radical, rich, republicn, right, which sees slave labor as the most desirable of all labor states) have reached their limit and whether society's growing acceptance of same-sex unions warrants constitutional protection.

The justices will consider the continued viability of affirmative action in college admissions when it hears a challenge next week to the University of Texas' race-conscious selection process.

And there are several challenges awaiting the court's action on the most controversial part of the Voting Rights Act -- the civil rights-era requirement that some states with a history of racial discrimination receive federal approval before enacting voting or election-law changes.

The court seems all but certain to confront the issue of same-sex marriage by considering suits against the 1996 federal Defense of Marriage Act. The law's provision denying federal recognition of same-sex marriages performed in states where they are legal has been deemed unconstitutional both by the Obama administration and lower courts that have considered it.

In addition, the court will be asked to review a decision that overturned California's Proposition 8, in which voters amended the state constitution to define marriage as between a man and a woman.

A decision on whether to accept the gay-rights cases is likely to come in November.

This term opens with questions about the unity of the five Republican-nominated justices who since 2006 have had a remarkable impact on the court's jurisprudence: striking down campaign finance regulations, approving federal restrictions on abortion and expressing doubts about government programs that make distinctions based on race.

"I think there's no question this Supreme Court is the most conservative in our lifetime," said Georgetown law professor Michael Seidman. "But there is a question about what kind of conservatives they are."

The greatest intrigue will surround Roberts, who, in the most important case of his tenure, sided with the court's four liberals last June to affirm the constitutionality of Obama's signature health care act.

Justices Anthony Kennedy, Antonin Scalia, Clarence Thomas and Samuel Alito pointedly signed a 65-page dissent that described the decision as "a vast judicial overreaching."

Roberts billed it as just the opposite, an exercise of judicial modesty and deference to the political branches that requires "every reasonable construction must be resorted to, in order to save a statute from unconstitutionality."


-- Robert Barnes, Washington Post



Yet another death-row inmate (the 18th) exonerated with DNA evidence. God Bless New York-based Innocence Project!

Louisiana death-row inmate Damon Thibodeaux exonerated with DNA evidence

By Douglas A. Blackmon,
Published: September 28
Washington Post


NEW ORLEANS — A little after 4 a.m. on July 21, 1996, Damon Thibodeaux, a deckhand on a Mississippi River workboat, cracked at the end of a nine-hour interrogation and confessed to the brutal rape and murder of his 14-year-old step-cousin, Crystal Champagne.

“I didn’t know that I had done it,” Thibodeaux said at one point, according to a police transcript. “But I done it.”

Before that day was over, Thibodeaux had recanted his confession, telling his court-appointed lawyer that he told police what they wanted to hear in response to threats of death by lethal injection and his grief over the death of his cousin. Nonetheless, Thibodeaux was later convicted of both crimes and sentenced to die.

Now, after more than 15 years spending 23 hours a day in solitary confinement on death row at Louisiana’s Angola prison farm, Thibodeaux is free.

Judge Patrick McCabe — who presided over the original trial in 1997 — issued a sealed order on Thursday vacating the conviction. With Thibodeaux’s release Friday, he became the 300th wrongly convicted person and 18th death-row inmate exonerated in the United States substantially on the basis of DNA evidence, according to the New York-based Innocence Project, which provides legal counsel to prisoners it believes can be exonerated through DNA testing.

Friday’s release was authorized by Jefferson Parish District Attorney Paul Connick Jr. after an extraordinary five-year joint re­investigation with defense lawyers concluded that the murder confession was clearly false. Nearly every ostensible fact in the statement didn’t match the crime scene or other evidence. The inquiry found that the sexual assault to which Thibodeaux also confessed — making him eligible under Louisiana law for the death penalty — never occurred.

The Thibodeaux case marks a dramatic mathematical milestone in the use of DNA in law enforcement, but it also signals the opening of a new, more complex phase in the use of such material in attempts to right the course of justice.

When DNA testing was first introduced in the late 1980s, the revolutionary new techniques shattered a widely held view in law enforcement and the public that American courts rarely convicted the innocent. Since then, high-profile exonerations and the increasingly common reliance on such testing have led many to believe that DNA can resolve doubts about almost any questionable conviction.

 
It’s now clear, however, that there is no DNA evidence in the vast majority of cases. In the first 15 years of DNA testing, almost all exonerations fit a basic pattern in which the defendant was accused of rape, or both rape and murder — because sexual assaults are the crimes in which DNA is most likely to be recovered. Between 1989 and the end of 2007, a total of 214 people were cleared using DNA evidence. In all but 14 cases — more than 93 percent — the alleged crime involved a sexual assault of some kind, according to a review by The Washington Post.

In hindsight, those straightforward, obvious miscarriages of justice were the low-hanging fruit of DNA exonerations. Now their numbers are declining. In their place are convictions such as Thibodeaux’s, in which serious doubts have been raised but little clear DNA or other scientific forensic evidence exists to conclusively prove guilt or innocence. In Thibodeaux’s case, the absence of any incriminating DNA evidence became as powerful an argument for his innocence as any other element of the case.

Of 83 exonerations in the past five years, more than 15 percent didn’t involve rape. As many as a quarter of the cases involved a false confession, in which one or more defendants admitted to the crime under interrogation.

Samuel Gross, an author of a report by the recently created National Registry of Exonerations at the University of Michigan, calculated that based on the proven rate of exonerations among death-row prisoners in the past two decades, U.S. courts appear to have an error rate in capital cases of between 2.5 percent and 4 percent. In June, researchers examining biological evidence from hundreds of Virginia rape convictions between 1973 and 1987 determined that new DNA testing appeared to exonerate convicted defendants in 8 percent to 15 percent of cases.

Applied against the approximately 140,000 prisoners on death row or serving life sentences in the United States, the findings suggest that many thousands of innocent individuals could be in prison for crimes they didn’t commit.

But the odds that many of those convicts will ever be able to prove their innocence through the existing systems of appeals are remote, given the lack of DNA evidence in the majority of cases.

That was largely true for Thibodeaux. In the hours after Champagne disappeared on July 19, 1996, there was no evidence to suspect Thibodeaux. The 14-year-old lived with her mother and other family members in an apartment complex on the frayed blue-collar edges of New Orleans. Her uncle had once been married to Damon Thibodeaux’s mother, making them what the families called “step-cousins.”

In the initial investigation of Thibodeaux, police found no physical evidence linking him to the crime. Since the victim had in fact not been sexually assaulted, there was also none of the DNA typically associated with a rape.

The only strong evidence against Thibodeaux was his confession. He never asked for legal representation. Early in the questioning, a detective asked at least a dozen times whether he had been involved in the killing, according to partial transcripts. “No sir,” Thibodeaux said firmly each time. After denying any involvement in the crime for more than six hours, an almost catatonic Thibodeaux confessed to police just before dawn. Almost every factual assertion he made was plainly incorrect.

“At that point I was tired,” Thibodeaux said, in an interview minutes after his release Friday. “I was hungry. All I wanted to do was sleep, and I was willing to tell them anything they wanted me to tell them if it would get me out of that interrogation room.” He said investigators fed him details of the crime scene. His salvation was that many of those details were incorrect.

The lack of conclusive DNA evidence in Thibodeaux’s case was overcome only through the unusual joint investigation between the district attorney and defense lawyers — during which Thibodeaux, now 38, put his formal court appeals on hold.

The inquiry found glaring contradictions between the confession and physical evidence. New DNA testing conducted on clothing worn by Thibodeaux on the night of the killing and virtually every other piece of evidence established no links to the crime. A DNA profile was obtained from a tiny sample of blood on a piece of wire used to strangle the victim. It didn’t match Thibodeaux. The cost of the reinvestigation was more than $500,000, shared by the defense and prosecution, according to lawyers involved in the case.

Thibodeaux, who plans to move to Minnesota to restart his life, didn’t sound bitter after his release Friday, but rather relieved. “Right now, I’m just adjusting to being not behind bars,” he said, “and not being told where to go, what time to go. Getting used to not having chains on. That’s a novelty for me.”

Feds Bust Healthcare Facility in Skokie (Illinois) For Medicare Fraud : The owners of Rosner Home Healthcare in Skokie are facing federal charges after allegedly paying and receiving cash kickbacks in exchange for Medicare referral patients. Since 2008, the business has made more than $13 million, authorities said.

Feds Bust Healthcare Facility in Skokie
For Medicare Fraud

By George Slefo

September 28, 2012


Two owners of Skokie based Rosner Healthcare Agency, 4101 Main St., are facing federal charges after allegedly paying and receiving cash kickbacks in exchange for Medicare referral patients, federal law enforcement officials said on Tuesday. Also involved in the alleged scheme were two physicians who did business with Rosner.

All in all, federal officials charged nine people who they believe were part of the scheme.

Ana Nerissa Tolentino, 43, of Morton Grove and a registered nurse, and Frederick Magisno, 59, also of Morton Grove, were both co owners of Rosner Home Healthcare. Also charged was Edgardo Hernal, a former Rosner employee who allegedly conspired to pay kickbacks to physicians in exchange for referrals of Medicare patients that enabled Rosner to bill Medicare, authorities said.

According to the previously filed complaints, Medicare paid Rosner approximately $13 million for claims submitted for home health services between Jan. 2008 and Jan. 2012. Neither the complaints nor indictment allege how much of Rosner’s total Medicare billings were fraudulent, authorities said.

According to the indictment, between Jan. 2008 and July 2012, Tolentino, Magsino, and Hernal conspired with others to pay kickbacks and bribes to doctors. The amount of kickbacks varied but generally ranged from $300 to $600 for each new patient’s completion of five home health visits in one cycle, and ranged between the same amounts for the repeat admission of a previous patient in a new cycle of home health care, federal officials said.

All nine defendants will be arraigned in U.S. District Court on dates to be determined.


These people should be ashamed, for sure, and I hope they are punished to the maximum extent permitted by the law.  The trouble is how easy it is to GAME THE SYSTEM since so much of it is automated, and as long as the forms are in place, the government tends to pay.  This is expensive, it costs us all, and what in the world?  Have these people no shame?