Park Slope and The Rats of NIMBY

Elisabeth Rosenthal at NYT:

Park Slope, Brooklyn. Cape Cod, Mass. Berkeley, Calif. Three famously progressive places, right? The yin to the Tea Party yang. But just try putting a bike lane or some wind turbines in their lines of sight. And the karma can get very different.

Last week, two groups of New Yorkers who live “on or near” Prospect Park West, a prestigious address in Park Slope, filed a suit against the administration of Mayor Michael R. Bloomberg to remove a nine-month-old bike lane that has commandeered a lane previously used by cars.

In Massachusetts, the formidable opponents of Cape Wind, a proposed offshore wind farm in Nantucket Sound, include members of the Kennedy family, whose compound looks out over the body of water. In Berkeley last year, the objections of store owners and residents forced the city to shelve plans for a full bus rapid transit system (B.R.T.), a form of green mass transit in which lanes that formerly served cars are blocked off and usurped by high-capacity buses that resemble above-ground subways.

Critics in New York contend the new Prospect Park bike lane is badly designed, endangering pedestrians and snarling traffic. Cape Wind opponents argue the turbines will defile a pristine body of water. And in Berkeley, store owners worried that reduced traffic flow and parking could hurt their business.

But some supporters of high-profile green projects like these say the problem is just plain old Nimbyism — the opposition by residents to a local development of the sort that they otherwise tend to support.

Ryan Avent:

The Times piece delves into the psychology of this kind of neighborhood opposition, but what it doesn’t say is that as annoying as this is, it has a far smaller impact on net emissions than the far more common anti-development strain of NIMBYism. Bike lanes make New York City a teeny bit greener. But New York is already much, much greener than most American cities, thanks to its dense development pattern and extensive transit network. Net emissions fall a lot more when someone from Houston moves to New York than when someone from New York starts biking.

Happily, lots of people would LOVE to move to New York. This is one huge benefit we don’t need to subsidize to realize. Unhappily, the benefit is nonetheless out of reach because of the huge obstacles to new, dense construction in New York. New York can’t accommodate more people unless it builds more homes, and it can’t build more homes, for the most part, without building taller buildings. And New Yorkers fight new, tall buildings tooth and nail. They fight them on aesthetic grounds, and because they’re worried about parking and traffic, and because they’re worried about their view, and because they just think there’s enough building in New York already, thank you. And many do this while heaping massive scorn on oil executives and the Republican Party over their backward and destructive views on global warming.

Of course, the obstruction of development is offensive for lots of reasons: it makes housing and access to employment unaffordable, it reduces urban job and revenue growth, it tramples on private property rights, and so on. But the environmental hypocrisy is galling, and it’s not limited to New York. My old neighborhood, Brookland, voted overwhelmingly for Obama (about 90-10, as I recall). Many of the locals are vocally supportive of broad, lefty environmental goals. And yet, when a local businessman wants to redevelop his transit-adjacent land into a denser, mixed-use structure, the negative response is overwhelming, and residents fall over themselves to abuse local rules in order to prevent the redevelopment from happening.

This project would bring new retail with it, which would enable more local residents to walk to a retail destination. It would bring new residents, and those residents would be vastly more likely to walk or take transit to destinations than those living farther from Metro. Forget the economic benefits to the city, the people occupying the new housing units would have carbon footprints dramatically below the national average. But this basically does not matter to the NIMBYs however much they profess to care about the environment.

To the extent that public opinion matters and can be shaped, I think it would be a huge boon for humanity for attitudes toward NIMBYism to turn decidedly negative. People should be ashamed of this behavior, which is both selfish and extravagantly dismissive of property rights.

Kevin Drum:

Earlier today, I linked to a Ryan Avent post complaining that although dense cities like New York are much greener than towns and suburbs, his lefty, environmentally-aware neighbors fight against new high-density developments in the city anyway. A little later, I had an email exchange with HW, a lefty, environmentally-aware New Yorker who thinks Ryan has it all wrong. Here’s the exchange:

HW: It is true that people living in NY have much much lower carbon footprints than those who live in lower density areas. It’s also true that it is a highly desirable place to live. So wouldn’t the way to accomplish more people living in high density areas like NY be to replicate it elsewhere? Or should we insist on cramming more people into NY against NYers’ will and make it a less desirable place to live?

Wouldn’t it be better for 8 million people to live in NY and have it serve as a beacon for a great, lower carbon footprint lifestyle? If you cram an extra million people in, sure, you lower their carbon footprints, but you may also make high density urban living far less attractive and less likely to be replicated around the country.

Avent mentions problems with parking and traffic as a throw-away, but I can tell you, the 4-5-6 running up from midtown to the Upper East Side is quite literally crammed wall-to-wall with people every morning. Parking is unlikely to be an option for anyone unwilling to spend several hundred dollars a month. And yes, another ten skyscrapers will result in the city becoming a darker and more depressing place. Not to mention the fact that the last ten high rises that went up on the Upper East Side were creatures of the housing bubble, resulting in massive losses and lots of empty units.

So would it be so terrible if we built up the downtown areas of Jersey City, White Plains and Stamford instead?

My reply: Well, that’s the funny thing. Building new high-density areas is the obvious answer here, but no one ever does it. Why? I assume it’s because it’s next to impossible to get people to move to new high-density developments. You get all the bad aspects of density without any of the good aspects of living in a big, well-established city.

It’s a conundrum. We could use more well established cities, but no one wants to live in the intermediate stages that it takes to build one. And of course, in well-established smaller towns and cities, the residents fight like crazed weasels to prevent the kind of development that they associate with crime and gangs.

I don’t really know what the answer is.

HW again: I’m not sure that’s entirely true. What about all the downtown redevelopment projects that have happened around the country? Or the urban centers that sprout up around the core of big cities like NY. Next time you are in NY, look across the East River and take a gander at Long Island City. It’s as close to midtown as the Upper East Side, easy to build there, far less expensive, and just as dense. And every single one of those luxury high rises went up in the past 12 years; it’s literally a skyline that didn’t exist 12 years ago. Jersey City is a similar story, both for residential and financial (every big bank has moved their IT back office out there). Or look at the gentrification of Brooklyn!

So why obsess on cramming a couple hundred thousand more people on the island of Manhattan, which will push it past the bursting point? It’s just not a smart premise. In fact, I’ll go further: it bears no relationship to reality. No one would stop a luxury high rise in any of the other four boroughs or right across the river in NJ and it’s just as dense and low-carbon to live in those spots. It’s just that Ryan Avent doesn’t WANT to live in those spots. He wants to live in a cheaper high rise in Manhattan (which, by the way, has seen tons of them go up already in the past decade — in the Financial District, Hell’s Kitchen, the Upper East Side). Avent should ride the 4/5/6 at 8 am every morning for a week, come back, and tell us if his article makes any sense. As a 4th generation NYer, I don’t think it even begins to.

I don’t really have a dog in this fight since I’ve lived in the leafy suburbs of Orange County all my life. But I thought this was an instructive response that was worth sharing. Back to you, Ryan.

Avent responds to the e-mail exchange:

I’m just pointing out the obvious here — many more people would like to live in Manhattan, it would be good economically and environmentally if they did, and it’s bad that local neighborhood groups are preventing them from doing so because they’re worried about their view. Further, my guess is that even without a relaxation in development rules Manhattan will cram in a couple hundred thousand more people, and demand will continue to rise; somehow, Manhattan will manage not to burst. Though it might eventually be swamped, if city-dwelling NIMBYs continue to make Houston exurbs ever more affordable relative to walkable density.

The transportation problem can be solved, in part, by better transportation policy. It is a crime that the subways are crammed while drivers use the streets of Manhattan for free, but that’s a policy failure, not a density failure. It’s also worth noting that heights fall off sharply as one moves away from the central business districts of Lower and Midtown Manhattan. If developers could build taller in surrounding neighborhoods and add residential capacity there, then more Manhattan workers could live within easy walking distance of their offices, and fewer would need to commute in by train.

Finally, let me point out that this is not about what I want. I’m not planning a move to New York, and I’m not remotely suggesting that the government should somehow mandate or encourage high-density construction. I’m simply saying that it should be easier for builders to meet market demand. It should be easier for builders to meet market demand in Manhattan, and Brooklyn, and Nassau County, and Washington, and downtown Denver, and so on. People clearly want to live in these places, and it would be really good for our economy and our environment if they were able to do so. And I find it very unfortunate that residents deriving great benefits from the amenities of their dense, urban neighborhoods are determined to deny those benefits to others.

Matthew Yglesias:

I don’t want to say too much about the debate over increased density in Manhattan because, again, ebook proposal. But one reality check on this whole subject is to note that the population of Manhattan 100 years ago at 2,331,542 people. It then hit a low of 1,428,285 in 1980 and has since then risen back up to 1,629,054.

Back in 1910 there were only 92,228,496 people in the United States. Since that time, the population of the country has more than tripled to 308,745,538. And if you look at Manhattan real estate prices, it’s hardly as if population decline in Manhattan has been driven by a lack of demand for Manhattan housing. Back around 1981 when I was born, things were different. The population of the island was shrinking and large swathes of Manhattan were cheap places to live thanks to the large existing housing stock and the high crime.

Karl Smith at Modeled Behavior:

Many years ago I gave a talk entitled, Green Manhattan, where I made the case that Metropolis was the greenest place in America.

Naturally, I got a lot of funny looks but the line that seemed to win a few converts was this: the best way to protect the environment is by keeping people out of it.

I admit I took a few liberties in the talk, not discussing how agriculture would be performed and supported, for example. Nonetheless, I think this framing breaks the intuition that green is about living with nature rather than letting nature live on its on.

Megan McArdle:

New York hasn’t actually been growing steadily; it’s been rebounding to the population of roughly 8 million that it enjoyed in 1950-70 before the population plunged in the 1970s.  It’s really only in the last ten years that the population has grown much beyond where it was in the 1970.

This matters because I think you can argue pretty plausibly that New York’s infrastructure has put some limits on the city’s growth–that by 1970 the city had about grown up to those limits, and that we can push beyond them only slowly.  The rail and bus lines that sustain the business district are pretty much saturated, and the roads and bridges can’t really carry many more cars at peak times.  Adding busses could conceivably help you handle some of the overflow, but unless those busses actually replace cars, they’ll also make traffic slower.

Unless you plan to fill the city entirely with retirees who don’t need to go to work, there’s actually not that much more room to build up New York–you could put the people there, but they wouldn’t be able to move.  And even the retirees would require goods and services that choke already very congested entry and exit points.  There has been peripatetic talk about switching all deliveries to night, but that would disturb the sleep of low-floor apartment dwellers, and be fantastically expensive, forcing every business to add a night shift.

At the very least, the current city dwellers are right that adding more people would add a lot more costs to them–crammed train cars, more expensive goods.  In New York, much more than in other places, the competition for scarce resources like commuting space is extremely stark.

That doesn’t mean it is impossible to add a lot more people to New York.  But doing so requires not just changing zoning rules–as far as I know, there’s already quite a lot of real estate in the outer boroughs that could accommodate more people, but it’s not close to transportation, so it’s not economically viable.  If you want to add a lot more housing units, you also need to add considerable complimentary infrastructure, starting with upgrading the rest of the subway’s Depression-era switching systems (complicated and VERY expensive because unlike other systems, New York’s trains run 24/7).  And ultimately, it’s going to mean adding more subway lines, because short of building double-decker streets, there’s no other way for enough people to move.

Those lines don’t have to go to the central business district; there’s already been some success developing alternate hubs in Queens and Brooklyn.  But they do have to go from residential neighborhoods to somewhere that people work, and they have to add actual extra carrying capacity to the system–line extensions do no good if the trains are already packed to bursting over the high-traffic areas of the route.

Mr. Sulzberger, Tear Down This Wall

Jeremy W. Peters at NYT:

The New York Times rolled out a plan on Thursday to begin charging the most frequent users of its Web site $15 for a four-week subscription in a bet that readers will pay for news they have grown accustomed to getting free.

Beginning March 28, visitors to NYTimes.com will be able to read 20 articles a month without paying, a limit that company executives said was intended to draw in subscription revenue from the most loyal readers while not driving away the casual visitors who make up a vast majority of the site’s traffic.

Once readers click on their 21st article, they will have the option of buying one of three digital news packages — $15 every four weeks for access to the Web site and a mobile phone app, $20 for Web access and an iPad app or $35 for an all-access plan.

All subscribers who receive the paper through home delivery will have free and unlimited access across all Times digital platforms except, for now, e-readers like the AmazonKindle and the Barnes & Noble Nook. Subscribers to The International Herald Tribune, which is The Times’s global edition, will also have free digital access.

“A few years ago it was almost an article of faith that people would not pay for the content they accessed via the Web,” Arthur Sulzberger Jr., chairman of The New York Times Company, said in his annual State of The Times remarks, which were delivered to employees Thursday morning.

Felix Salmon:

Rather than take full advantage of their ability to change the numbers over time, the NYT seems to have decided they’re going to launch at the kind of levels they want to see over the long term. Which is a bit weird. Instead, the NYT has sent out an email to its “loyal readers” that they’ll get “a special offer to save on our new digital subscriptions” come March 28. This seems upside-down to me: it’s the loyal readers who are most likely to pay premium rates for digital subscriptions, while everybody else is going to need a special offer to chivvy them along.

This paywall is anything but simple, with dozens of different variables for consumers to try to understand. Start with the price: the website is free, so long as you read fewer than 20 items per month, and so are the apps, so long as you confine yourself to the “Top News” section. You can also read articles for free by going in through a side door. Following links from Twitter or Facebook or Reuters.com should never be a problem, unless and until you try to navigate away from the item that was linked to.

Beyond that, $15 per four-week period gives you access to the website and also its smartphone app, while $20 gives you access to the website also its iPad app. But if you want to read the NYT on both your smartphone and your iPad, you’ll need to buy both digital subscriptions separately, and pay an eye-popping $35 every four weeks. That’s $455 a year.

The message being sent here is weird: that access to the website is worth nothing. Mathematically, if A+B=$15, A+C=$20, and A+B+C=$35, then A=$0.

Andrew Sullivan:

We remain parasitic on the NYT and other news sites; and I should add I regard the NYT website as the best news site in the world; without it, we would be lost. But like most parasites, we also perform a service for our hosts. We direct readers to content we think matters. So we add to the NYT’s traffic and readership.

But what makes this exception even more interesting is that, if I read it correctly, it almost privileges links from blogs and social media against more direct access. Which makes it a gift to the blogosphere. Anyway, that’s my first take: and it’s one of great relief. We all want to keep the NYT in business (well, almost all of us). But we also don’t want to see it disappear behind some Great NewsCorp-Style Paywall. It looks to me as if they have gotten the balance just about right.

MG Siegler at Tech Crunch:

There are a lot of interesting angles to the news this morning about The New York Times’ new paywall. Top news will remain free, a set number of articles for all users will remain free, there will be different pricing tiers for different devices, NYT is fine with giving Apple a 30 percent cut, etc, etc. But to me, the most interesting aspect is only mentioned briefly about halfway down the NYT announcement article: all those who come to the New York Times via Facebook or Twitter will be allowed to read for free. There will be no limit to this.

Up until now, we’ve seen paywall enthusiasts like The Wall Street Journal offer such loopholes. But they’ve done so via Google. It’s a trick that most web-savvy news consumers know. Is a WSJ article behind a paywall? Just Google the title of it. Click on the resulting link and boom, free access to the entire thing. No questions asked. This new NYT model is taking that idea and flipping it.

The Google loophole will still be in play — but only for five articles a day. It’s not clear how they’re going to monitor this (cookies? logins?), but let’s assume for now that somehow they’ll be able to in an effective way. For most readers, the five article limit will likely be more than enough. But that’s not the important thing. What’s interesting is that the NYT appears to be saying two things. First, this action says that spreading virally on social networks like Twitter and Facebook is more important to them than the resulting traffic from Google. And second, this is a strategic bet that they likely believe will result in the most vocal people on the web being less pissed off.

Cory Doctorow at Boing Boing:

Here are some predictions about the #nytpaywall:

1. No one will be able to figure out how it works. Quick: How many links did you follow to the NYT last month? I’ll bet you a testicle* that you can’t remember. And even if you could remember, could you tell me what proportion of them originated as a social media or search-engine link?

2. Further to that, people frequently visit the NYT without meaning to, just by following a shortened link. Oftentimes, these links go to stories you’ve already read (after all, you’ve already found someone else’s description of the story interesting enough to warrant a click, so odds are high that a second or even a third ambiguous description of the same piece might attract your click), but which may or may not be “billed” to your 20-freebies limit for the month

3. And this means that lots of people are going to greet the NYT paywall with eye-rolling and frustration: You stupid piece of technology, what do you mean I’ve seen 20 stories this month? This is exactly the wrong frame of mind to be in when confronted with a signup page (the correct frame of mind to be in on that page is, Huh, wow, I got tons of value from the Times this month. Of course I’m going to sign up!)

4. Which means that lots of people will take countermeasures to beat the #nytpaywall. The easiest of these, of course, will be to turn off cookies so that the Times’s site has no way to know how many pages you’ve seen this month

5. Of course, the NYT might respond by planting secret permacookies, using Flash cookies, browser detection, third-party beacons, or secret ex-Soviet vat-grown remote-sensing psychics. At the very minimum, the FTC will probably be unamused to learn that the Grey Lady is actively exploiting browser vulnerabilities (or, as the federal Computer Fraud and Abuse statute puts it, “exceeding authorized access” on a remote system — which carries a 20 year prison sentence, incidentally)

6. Even if some miracle of regulatory capture and courtroom ninjarey puts them beyond legal repercussions for this, the major browser vendors will eventually patch these vulnerabilities

7. And even if that doesn’t work, someone clever will release one or more of: a browser redirection service that pipes links to nytimes.com through auto-generated tweets, creating valid Twitter referrers to Times stories that aren’t blocked by the paywall; or write a browser extension that sets “referer=twitter.com/$VALID_TWEET_GUID”, or some other clever measure that has probably already been posted to the comments below

8. The Times isn’t stupid. They’ll build all kinds of countermeasures to detect and thwart cookie-blocking, referer spoofing, and suchlike. These countermeasures will either be designed to err on the side of caution (in which case they will be easy to circumvent) or to err on the side of strictness — in which case they will dump an increasing number of innocent civilians into the “You’re a freeloader, pay up now” page, which is no way to convert a reader to a customer

Yes, I was going to hate this paywall no matter what the NYT did. News is a commodity: as a prolific linker, I have lots of choice about where I link to my news and the site that make my readers shout at me about a nondeterministic paywall that unpredictably swats them away isn’t going to get those links. Leave out the hard news and you’ve got opinion, and there’s no shortage of free opinion online. Some of it is pretty good (and some of what the Times publishes as opinion is pretty bad).

Peter Kafka at All Things Digital:

The Times will put up its paywall in 11 days, on March 28th. It promises to comply with Apple’s subscription terms by making “1-click purchase available in the App Store by June 30 to ensure that readers can continue to access Times apps on Apple devices.”

And as previously announced, this isn’t a formal payall. Or, at least, it’s a porous one.

Anyone can use the Times’ Web site to read up to 20 articles a month for free. And if you’ve surpassed your monthly limit, you’ll still be able to read Times articles if you’ve been sent there from referring sites like Facebook, Twitter or anywhere else on the Web. The Times says it will place a five-article-per-day limit on Google referrals, however; it’s currently the only search engine with that limit, Murphy says.

To spell that out: If you want to game the Times’ paywall, just use Microsoft’s Bing. For now, at least.

Wikileaks 2.0

http://bankofamericasuck.com/

Adrian Chen at Gawker:

A member of the activist collective Anonymous is claiming to be have emails and documents which prove “fraud” was committed by Bank of America employees, and the group says it’ll release them on Monday. The member, who goes by the Twitter handle OperationLeakS, has already posted an internal email from the formerly Bank of America-owned Balboa Insurance Company

The email is between Balboa Insurance vice president Peggy Johnson and other Balboa employees. (Click right to enlarge.) As far as we can tell, it doesn’t show anything suspicious, but was posted by OperationLeaks as a teaser. He also posted emails he claims are from the disgruntled employee who sent him the material. In one, the employee says he can “send you a copy of the certified letter sent to me by an AVP of BofA’s [HR department] telling me I am banned from stepping foot on BofA property or contacting their employee ever again.”

OperationLeaks, which runs the anti-Bank of America site BankofAmericasuck.com, says the employee contacted the group to blow the whistle on Bank of America’s shady business practices. “I seen some of the emails… I can tell you Grade A Fraud in its purest form…” read one tweet. “He Just told me he have GMAC emails showing BoA order to mix loan numbers to not match it’s Documents.. to foreclose on Americans.. Shame.”

An Anonymous insider told us he believes the leak is real. “From what I know and have been told, it’s legit,” he said. “Should be a round of emails, then some files, possible some more emails to follow that.” The documents should be released Monday on Anonleaks.ch, the same site where Anonymous posted thousands of internal emails from hacked security company HBGary last month. That leak exposed a legally-questionable plot to attack Wikileaks and ultimately led to the resignation of HBGary CEO Aaron Barr.

Katya Wachtel at Clusterstock:

Anonymous said late Sunday evening, however, “this is part 1 of the Emails.” So perhaps more incriminating correspondence is to come. And to be honest, these messages could be incredibly damaging, but we’re not mortgage specialists and don’t know if this is or isn’t common in the field. The beauty is, you can see and decide for yourself at bankofamericasuck.com.

But for those who want a simple explanation, here’s a summary of the content.

The Source

The ex-Balboa employee tells Anonymous that what he/she sends will be enough to,

crack [BofA’s] armor, and put a bad light on a $700 mil cash deal they need to pay back the government while ruining their already strained relationship with GMAC, one of their largest clients. Trust me… it’ll piss them off plenty.

The source then sends over a paystub, an unemployment form, a letter from HR upon dismissal and his/her last paystub and an ID badge.

He/she also describes his/herself:

My name is (Anonymous). For the last 7 years, I worked in the Insurance/Mortgage industry for a company called Balboa Insurance. Many of you do not know who Balboa Insurance Group is, but if you’ve ever had a loan for an automobile, farm equipment, mobile home, or residential or commercial property, we knew you. In fact, we probably charged you money…a lot of money…for insurance you didn’t even need.

Balboa Insurance Group, and it’s largest competitor, the market leader Assurant, is in the business of insurance tracking and Force Placed Insurance…  What this means is that when you sign your name on the dotted line for your loan, the lienholder has certain insurance requirements that must be met for the life of the lien. Your lender (including, amongst others, GMAC… IndyMac… HSBC… Wells Fargo/Wachovia… Bank of America) then outsources the tracking of your loan with them to a company like Balboa Insurance.

The Emails

Next comes the emails that are supposed to be so damaging. The set of emails just released shows conversational exchanges between Balboa employees.

The following codes pertain to the emails, so use as reference:

1. SOR = System of Record
2. Rembrandt/Tracksource = Insurance tracking systems
3. DTN = Document Tracking Number. A number assigned to all incoming/outgoing documents (letters, insurance documents, etc)

The first email asks for a group of GMAC DTN’s to have their “images removed from Tracksource/Rembrandt.” The relevant DTNs are included in the email — there’s between 50-100 of them.

In reply, a Balboa employee says that the DTN’s cannot be removed from the Rembrandt, but that the loan numbers can be removed so “the documents will not show as matched to those loans.” But she adds that she needs upper management approval before she moves forward, since it’s an unusual request.

Then it gets approved. And then, one of the Balboa employees voices their concern. He says,

“I’m just a little concerned about the impact this has on the department and the company. Why are we removing all record of this error? We have told Denise Cahen, and there is always going to be the paper trail when one of these sent documents come back. this to me seems to be a huge red flag for the auditors… when the auditor sees the erroneous letter but no SOR trail or scanned doc on the corrected letter… What am I missing? This just doesn’t seem right to me.

We suspect this is the type of email that Anonymous believes shows BofA fraud:

Image: Anonymous

Click here to see why these emails prove nothing interesting, and to see what what Bank of America says about the emails >

Chris V. Nicholson at Dealbook at NYT:

A Bank of America spokesman told Reuters on Sunday that the documents had been stolen by a former Balboa employee, and were not tied to foreclosures. “We are confident that his extravagant assertions are untrue,” the spokesman said.

The e-mails dating from November 2010 concern correspondence among Balboa employees in which they discuss taking steps to alter the record about certain documents “that went out in error.” The documents were related to loans by GMAC, a Bank of America client, according to the e-mails.

“The following GMAC DTN’s need to have the images removed from Tracksource/Rembrandt,” an operations team manager at Balboa wrote. DTN refers to document tracking number, and Tracksource/Rembrandt is an insurance tracking system.

The response he receives: “I have spoken to my developer and she stated that we cannot remove the DTNs from Rembrandt, but she can remove the loan numbers, so the documents will not show as matched to those loans.”

According to the e-mails, approval was given to remove the loan numbers from the documents.

A member of Anonymous told DealBook on Monday that the purpose of his Web site was to bring attention to the wrongdoing of banks. “The way the system is, it’s made to cheat the average person,” he said.

He had set up a Web site to post bank data that WikiLeaks has said it would release, and was subsequently contacted this month by the former Balboa employee. It has been speculated that the documents, which have yet to be released, would focus on Bank of America. The spokesman for Anonymous said he had no direct ties to WikiLeaks, which is run by Julian Assange.

Nitasha Tiku at New York Magazine:

WikiLeaks’ founder, Julian Assange, has threatened to leak damning documents on Bank of America since 2009. And Anonymous has backed WikiLeaks’ mission as far as the free flow of information. But these e-mails date from November 2010. Plus, they don’t exactly amount to a smoking gun. Whether or not the e-mails prove real, it’s clear Bank of America should have expanded its negative-domain-name shopping spree beyond BrianMoynihanSucks.com.

Naked Capitalism:

The charge made in this Anonymous release (via BankofAmericaSuck) is that Bank of America, through its wholly-owned subsidiary Balboa Insurance and the help of cooperating servicers, engaged in a mortgage borrower abuse called “force placed insurance”. This is absolutely 100% not kosher. Famed subprime servicer miscreant Fairbanks in 2003 signed a consent decree with the FTC and HUD over abuses that included forced placed insurance. The industry is well aware that this sort of thing is not permissible. (Note Balboa is due to be sold to QBE of Australia; I see that the definitive agreement was entered into on February 3 but do not see a press release saying that the sale has closed)

While the focus of ire may be Bank of America, let me stress that this sort of insurance really amounts to a scheme to fatten servicer margins. If this leak is accurate, the servicers at a minimum cooperated. If they got kickbacks, um, commissions, they are culpable and thus liable.

As we have stated repeatedly, servicers lose tons of money on portfolios with a high level of delinquencies and defaults. The example of Fairbanks, a standalone servicer who subprime portfolio got in trouble in 2002, is that servicers who are losing money start abusing customers and investors to restore profits. Fairbanks charged customers for force placed insurance and as part of its consent decree, paid large fines and fired its CEO (who was also fined).

Regardless, this release lends credence a notion too obvious to borrowers yet the banks and its co-conspirators, meaning the regulators, have long denied, that mortgage servicing and foreclosures are rife with abuses and criminality. Here’s some background courtesy Barry Ritholtz:

When a homeowner fails to keep up their insurance premiums on a mortgaged residence, their loan servicer has the option/obligation to step in to buy a comparable insurance policy on the loan holder’s behalf, to ensure the mortgaged property remains fully insured….

Consider one case found by [American Banker’s Jeff] Horwitz. A homeowner’s $4,000 insurance policy, was paid by the loan servicer, Everbank via escrow. But Everbank purposely let that insurance policy lapse, and then replaced it with a different policy – one that cost more than $33,000. To add insult to injury, the insurer, a subsidiary of Assurant, paid Everbank a $7,100 kickback for giving it such a lucrative policy — and, writes Horwitz, “left the door open to further compensation” down the road.

That $33,000 policy — including the $7,100 kickback – is an enormous amount of money for any loan servicer to make on a single property. The average loan servicer makes just $51 per loan per year.

Here’s where things get interesting: That $33,000 insurance premium is ultimately paid by the investors who bought the loan.

And the worst of this is….the insurance is often reinsured by the bank/servicer, which basically means the insurance is completely phony. The servicer will never put in a claim to trigger payment. As Felix Salmon noted,

This is doubly evil: it not only means that investors are paying far too much money for the insurance, but it also means that, as both the servicer and the ultimate insurer of the property, JPMorgan Chase has every incentive not to pursue claims on the houses it services. Investors, of course, would love to recoup any losses from the insurer, but they can’t bring such a claim — only the servicer can do that.

Note there are variants of this scheme where insurance is charged to the borrower (I’ve been told of insurance being foisted on borrowers that amounts to unconsented-to default insurance, again with the bank as insurer; this has been anecdotal with insufficient documentation, but I’ve heard enough independent accounts to make me pretty certain it was real)

David Dayen at Firedoglake:

Just because something has a lot of anecdotal evidence behind it doesn’t necessarily mean the specific case is true. But the forced-place insurance scam has been part of other servicer lawsuits, so it definitely exists. Whether this set of emails shows that taking place is another matter. Apparently this is just the first Anonymous email dump, so there should be more on the way

Derek Thompson at The Atlantic

Parmy Olson at Forbes:

Yet however inconclusive the e-mails may be, the leak may have wider implications as Anonymous gradually proves itself a source of comeuppance for disgruntled employees with damning information about a company or institution. Once the domain of WikiLeaks, the arrest of key whistleblower Bradley Manning suggested the site founded by fellow incarcerate Julian Assange could not always protect its sources. “A lot depends on the impact of this week,” says Gabriella Coleman, a professor at NYU who is researching Anonymous, who added that “Anonymous could go in that [WikiLeaks] direction.”

Anonymous is not an institution like WikiLeaks. It is global, has no leader, no clear hierarchy and no identifiable spokespeople save for pseudo-representatives like Gregg Housh (administrator of whyweprotest.net) and Barrett Brown.

It has some ideals: Anonymous tends to defend free speach and fight internet censorship, as with the DDoS-ing of the web sites of MasterCard, Visa and PayPal after they nixed funding services to WikiLeaks, and the DDoS-ing of Tunisian government Web sites. It is also great at spectacle. The group’s hacking of software security firm HBGary Federal not only gained oodles of press attention, it inadvertently revealed the firm had been proposing a dirty tricks campaign with others against WikiLeaks to Bank of America’s lawyers.

That hack led, rather organically, to the establishment of AnonLeaks.ru, a Web site where the Anonymous hackers posted tens of thousands of HBGary e-mails in a handy web viewer. While it took just five supporters to hack HBGary, hundreds more poured through the e-mails to identify incriminating evidence, leading to more press reports on the incident.

Such is the nature of Anonymous–global, fluid, intelligent, impossible to pin down–that it is could become an increasingly popular go-to for people wishing to vent damaging information about an institution with questionable practices.

The collective already receives dozens of requests each month from the public to attack all manner of unsavoury subjects, from personal targets to the government of Libya, from Westboro Baptist Church to Facebook. It rarely responds to them–as one Anonymous member recently told me, “we’re not hit men.”

Yet for all its facets as both hot-tempered cyber vigilantes and enlighteners of truth, Anonymous is becoming increasingly approachable, as the latest emails between OperationLeakS and the former BoA employee show. Assuming this particular employee doesn’t end up languishing in jail like Manning, more people may now be inclined to follow suit.

And Even In This, We Find The Simpsons Reference

David E. Sanger and Matthew L. Wald at NYT:

As the scale of Japan’s nuclear crisis begins to come to light, experts in Japan and the United States say the country is now facing a cascade of accumulating problems that suggest that radioactive releases of steam from the crippled plants could go on for weeks or even months.

he emergency flooding of stricken reactors with seawater and the resulting steam releases are a desperate step intended to avoid a much bigger problem: a full meltdown of the nuclear cores in reactors at the Fukushima Daiichi Nuclear Power Station. On Monday, an explosion blew the roof off the second reactor, not damaging the core, officials said, but presumably leaking more radiation.

Later Monday, the government said cooling systems at a third reactor had failed. The Kyodo news agency reported that the damaged fuel rods at the third reactor had been temporarily exposed, increasing the risk of overheating. Sea water was being channeled into the reactor to cover the rods, Kyodo reported.

So far, Japanese officials have said the melting of the nuclear cores in the two plants is assumed to be “partial,” and the amount of radioactivity measured outside the plants, though twice the level Japan considers safe, has been relatively modest.

But Pentagon officials reported Sunday that helicopters flying 60 miles from the plant picked up small amounts of radioactive particulates — still being analyzed, but presumed to include cesium-137 and iodine-121 — suggesting widening environmental contamination.

Instapundit:

MUCH ADO ABOUT NOT MUCH: 7th Fleet repositions ships after contamination detected. “For per­spec­tive, the max­i­mum poten­tial radi­a­tion dose received by any ship’s force per­son­nel aboard the ship when it passed through the area was less than the radi­a­tion expo­sure received from about one month of expo­sure to nat­ural back­ground radi­a­tion from sources such as rocks, soil, and the sun.”

Ed Morrissey:

Still, if that’s the dose received 100 miles away after wind dispersal and dissipation, it’s small wonder that the Japanese are evacuating the area near the plant.  No nation has the history of radiation poisoning that Japan does, and one has to believe that this danger will loom the largest among the people even after the tsunami damage that killed thousands of people.  The government will face a great deal of scrutiny for years to come for its actions in these few days, and they appear to understand that.

David Kopel:

That’s the title of a post on the Morgsatlarge, reprinting a letter from Dr. Josef Oehman of MIT. According to his web page, his main research interest is “risk management in the value chain, with a special focus on lean product development.” Although he’s a business professor and not a nuclear scientist, his father worked in the German nuclear power industry, and the post provides a detailed and persuasive (at least to me) explanation of how the endangered Japanese nuclear power plants work, and why their multiple backup systems  ensure that there will be neither an explosion nor a catastophic release of radiation. The American cable TV channels, by the way, seem to be taking a much more sober approach than they did yesterday, when Wolf Blitzer was irresponsibly raising fear of “another Chernobyl.”

John Sullivan at ProPublica:

As engineers in Japan struggle to bring quake-damaged reactors under control [1], attention is turning to U.S. nuclear plants and their ability to withstand natural disasters.

Rep. Ed Markey, a Massachusetts Democrat who has spent years pushing the Nuclear Regulatory Commission toward stricter enforcement of its safety rules, has called for a reassessment. Several U.S. reactors lie on or near fault lines, and Markey wants to beef up standards for new and existing plants.

“This disaster serves to highlight both the fragility of nuclear power plants and the potential consequences associated with a radiological release caused by earthquake related damage,” Markey wrote NRC Chairman Gregory Jaczko in a March 11 letter [2].

Specifically, Markey raised questions about a reactor design the NRC is reviewing for new plants that has been criticized for seismic vulnerability. The NRC has yet to make a call on the AP1000 reactor [3], which is manufactured by Westinghouse. But according to Markey, a senior NRC engineer has said the reactor’s concrete shield building could shatter “like a glass cup” under heavy stress.

The New York Times reported last week [4] that the NRC has reviewed the concerns raised by the engineer, John Ma, and concluded that the design is sufficient without the upgrades Ma recommended. Westinghouse maintains that the reactor is safe [5].

Boiling water reactors [6], like the ones hit by the Japanese earthquake, are built like nested matroyshka [7] dolls.

The inner doll, which looks like a gigantic cocktail shaker and holds the radioactive uranium, is the heavy steel reactor vessel. It sits inside a concrete and steel dome called the containment. The reactor vessel is the primary defense against disaster — as long as the radiation stays inside everything is fine.

The worry is that a disaster could either damage the vessel itself or, more likely, damage equipment that used to control the uranium. If operators cannot circulate water through the vessel to cool the uranium it could overheat and burn into radioactive slag — a meltdown.

Steve Mirsky at Scientific American

Maggie Koerth-Baker at Boing Boing:

This morning, I got an email from a BoingBoing reader, who is one of the many people worried about the damaged nuclear reactors at Fukushima, Japan. In one sentence, he managed to get right to heart of a big problem lurking behind the headlines today: “The extent of my knowledge on nuclear power plants is pretty much limited to what I’ve seen on The Simpsons“.

For the vast majority of people, nuclear power is a black box technology. Radioactive stuff goes in. Electricity (and nuclear waste) comes out. Somewhere in there, we’re aware that explosions and meltdowns can happen. Ninety-nine percent of the time, that set of information is enough to get by on. But, then, an emergency like this happens and, suddenly, keeping up-to-date on the news feels like you’ve walked in on the middle of a movie. Nobody pauses to catch you up on all the stuff you missed.

As I write this, it’s still not clear how bad, or how big, the problems at the Fukushima Daiichi power plant will be. I don’t know enough to speculate on that. I’m not sure anyone does. But I can give you a clearer picture of what’s inside the black box. That way, whatever happens at Fukushima, you’ll understand why it’s happening, and what it means.

“Soy Un Perdedor, I’m A Loser Baby, So Why Don’t You Kill Me?”… Wait, Wrong Beck

David Carr at NYT:

Almost every time I flipped on television last week, there was a deeply angry guy on a running tirade about the conspiracies afoot, the enemies around all corners, and how he alone seemed to understand what was under way.

While it’s true that Charlie Sheen sucked up a lot of airtime last week, I’d been watching Glenn Beck, the Fox News host who invoked Hezbollah, socialists, the price of gas, Shariah law, George Soros, Planned Parenthood, and, yes, Charlie Sheen, as he predicted a coming apocalypse.

Mr. Beck, a conservative Jeremiah and talk-radio phenomenon, burst into television prominence in 2009 by taking the forsaken 5 p.m. slot on Fox News and turning it into a juggernaut. A conjurer of conspiracies who spotted sedition everywhere he looked, Mr. Beck struck a big chord and ended up on the cover of Time magazine and The New York Times Magazine, and held rallies all over the country that were mobbed with acolytes. He achieved unheard-of ratings, swamped the competition and at times seemed to threaten the dominion of Bill O’Reilly and Sean Hannity at Fox.

But a funny thing happened on the way from the revolution. Since last August, when he summoned more than 100,000 followers to the Washington mall for the “Restoring Honor” rally, Mr. Beck has lost over a third of his audience on Fox — a greater percentage drop than other hosts at Fox. True, he fell from the great heights of the health care debate in January 2010, but there has been worrisome erosion — more than one million viewers — especially in the younger demographic.

He still has numbers that just about any cable news host would envy and, with about two million viewers a night, outdraws all his competition combined. But the erosion is significant enough that Fox News officials are willing to say — anonymously, of course; they don’t want to be identified as criticizing the talent — that they are looking at the end of his contract in December and contemplating life without Mr. Beck.

Ryan Witt at The Examiner:

Today Beck was not on his radio show, but his substitute claimed that the New York Times article was just “wishful thinking” and that Beck and Fox News are, in fact, on good terms.  Beck’s website The Blaze is running an article at the top of their home page which makes fun of Carr’s article.  However, none of the factual assertions in Carr’s article are actually refuted The Blaze response.

Of course, the one group who actually knows the truth are the executive of Fox News.  Thus far no one at Fox News has released a statement either confirming or denying Beck contract, or Carr’s claims that the network is thinking about dumping Beck.  Fox News normally offers a strong defense of their own employees.  Fox News President Roger Ailes has been known to send out memos stressing the need fo unity among their employees.  By not saying anything at all, the silence of Fox News executives may speak louder than words.

Matt Schneider at Mediaite:

However, Carr later points out that Beck “still has numbers that just about any cable news host would envy and, with about two million viewers a night, outdraws all his competition combined.” One might think that would be the beginning and the end of the speculation, since what more should a television show be expected to do besides get more eyeballs watching them than any other show? However, Carr raises a separate intriguing point: not only does Fox not need Beck to continue to be successful, but Beck doesn’t really need Fox either. Therefore, unless both sides are completely happy with the relationship, maybe a separation is possible?

Then, just in case the article is completely wrong, Carr mentions “But the partnership, which has been good for both parties, may yet be repaired.” In other words, yes Beck and Fox News can survive without one another, but since the relationship is highly profitable and consistently headline generating for all involved, might Carr’s conjecture be nothing more than an attempt to stir the pot?

Chris Rovzar at New York Magazine:

Beck, Carr guesses, is narrowing his audience down to only the diehards — because most people don’t want to hear about how the world is going to end. Not only because it’s depressing, but also since the world is not going to end. While other Fox News hosts like Bill O’Reilly and Sean Hannity are lecturing to an audience that believes in America, Beck is talking to people who don’t believe in anything — except, perhaps, God and the end of days.

Carr spoke with several Fox News executives who said (on background, of course) that “they are looking at the end of his contract in December and contemplating life without Mr. Beck.” One Fox development VP is on record saying they’ve tried to get Beck to make his show cheerier. But no one, not even Fox’s crack publicity team, is quoted defending the controversial host — or insisting that his contract will be renewed. Which means that Beck, who can see doom in every shadow, is probably getting this message loud and clear: Something could very well come to an end within the year, and it won’t necessarily be the world.

Don Suber:

Yes. He has “made it difficult for Fox to hang onto its credibility as a news network.”

How about Rick Sanchez’s anti-Semitic spew when CNN canceled his show?

How about CNN’s Operation Tailwinds story?

How about CNN hiring Client No. 9 to begin with?

And speaking of news credibility,. there were never 300 asdvertisers of the Glenn Beck show to “fled.”

There are only about a dozen minutes of advertising a show.

Any media expert knows this. Any amateur knows this. Apparently David Carr does not.

And left out of David Carr’s story is the fact that the White House — through New York Times darling Van Jones — organized an advertising boycott.

Of people who don’t advertise on the Glenn Beck show.

The more the media dumps on Fox News over gnats while allowing CNN’s elephants to escape, the less unbiased the media look.

From Lucianne Goldberg: “David Carr (NYT) goes after Beck’s followers. Later tweets Beck’s audience is ‘a lot more sophisticated than people think’.”

Keep thinking you know it all, lefties.

Oliver Willis:

Beck’s problem is that he took the “oooh I’m scared of Obama (and his black skin)” sentiment and thought it was a way to make himself into a national leader of more than just a fringe of the fringe. As a result, he’s made his conspiracies even more ridiculous and tried the patience of even the tinfoil-hat brigade.

The Continued Case Of Bradley Manning

Charlie Savage at NYT:

The Army announced 22 additional charges on Wednesday against Pfc. Bradley Manning, the military intelligence analyst who is accused of leaking a trove of government files to WikiLeaks a year ago.

The new charges included “aiding the enemy”; wrongfully causing intelligence to be published on the Internet, knowing that it was accessible to the enemy; multiple counts of theft of public records, transmitting defense information and computer fraud. If he is convicted, Private Manning could be sentenced to life in prison.

“The new charges more accurately reflect the broad scope of the crimes that Private First Class Manning is accused of committing,” said Capt. John Haberland, an Army spokesman.

The charges provide new details about when prosecutors believe that Private Manning downloaded copies of particular files from a classified computer system in Iraq. For example, the charges say he copied a database of more than 250,000 diplomatic cables between March 28 and May 4, 2010.

Glenn Greenwald:

Most of the charges add little to the ones already filed, but the most serious new charge is for “aiding the enemy,” a capital offense under Article 104 of the Uniform Code of Military Justice. Although military prosecutors stated that they intend to seek life imprisonment rather than the death penalty for this alleged crime, the military tribunal is still empowered to sentence Manning to death if convicted.

Article 104 — which, like all provisions of the UCMJ, applies only to members of the military — is incredibly broad. Under 104(b) — almost certainly the provision to be applied — a person is guilty if he “gives intelligence to or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly” (emphasis added), and, if convicted, “shall suffer death or such other punishment as a court-martial or military commission may direct.” The charge sheet filed by the Army is quite vague and neither indicates what specifically Manning did to violate this provision nor the identity of the “enemy” to whom he is alleged to have given intelligence. There are, as international law professor Kevin Jon Heller notes, only two possibilities, and both are disturbing in their own way.

In light of the implicit allegation that Manning transmitted this material to WikiLeaks, it is quite possible that WikiLeaks is the “enemy” referenced by Article 104, i.e., that the U.S. military now openly decrees (as opposed to secretly declaring) that the whistle-blowing group is an “enemy” of the U.S. More likely, the Army will contend that by transmitting classified documents to WikiLeaks for intended publication, Manning “indirectly” furnished those documents to Al Qaeda and the Taliban by enabling those groups to learn their contents. That would mean that it is a capital offense not only to furnish intelligence specifically and intentionally to actual enemies — the way that, say, Aldrich Ames and Robert Hanssen were convicted of passing intelligence to the Soviet Union — but also to act as a whistle-blower by leaking classified information to a newspaper with the intent that it be published to the world. Logically, if one can “aid the enemy” even by leaking to WikiLeaks, then one can also be guilty of this crime by leaking to The New York Times.

The dangers of such a theory are obvious. Indeed, even the military itself recognizes those dangers, as the Military Judges’ Handbook specifically requires that if this theory is used — that one has “aided the enemy” through “indirect” transmission via leaks to a newspaper — then it must be proven that the “communication was intended to reach the enemy.” None of the other ways of violating this provision contain an intent element; recognizing how extreme it is to prosecute someone for “aiding the enemy” who does nothing more than leak to a media outlet, this is the only means of violating Article 104 that imposes an intent requirement.

But does anyone actually believe that Manning’s intent was to ensure receipt of this material by the Taliban, as opposed to exposing for the public what he believed to be serious American wrongdoing and to trigger reforms?

Jazz Shaw:

The “aiding the enemy” charge should come as no surprise to anyone, and in fact we had predicted it would come down to treason last winter. Despite the poo-pooing and endless protestations of some of Manning’s most vocal and frequently comical defenders, there is one object lesson here which can not be repeated often enough: the U.S. Military has zero sense of humor when it comes to things like this.

Assuming for the moment that this winds up in a conviction – and the Army is certainly acting like they’re playing a pretty solid hand at this point – the situation only becomes more explosive and holds the potential to be a huge thorn in the side of the Obama administration for months or years to come. Aiding the enemy during a time of war is generally considered one of the surest paths to a firing squad for obvious reasons, but it will leave the President in a sticky position.

If the military decides to drag Manning out back and shoot him – a distinct possibility – a significant portion of Barack Obama’s base will be in an uproar. They tend to be opposed to the death penalty in general, for starters. But Manning has also become something of a folk hero on the Left, allegedly helping – albeit indirectly – Julian Assange to “stick it to the man” and expose the various perceived evils of the American government. Allowing him to be executed would be a huge black eye for Obama with his base.

But if he steps in and commutes the sentence – assuming there is a legal mechanism for him to do so – then he will be seen as undercutting his own military establishment and substituting his judgment for their established practices and discipline. (Not to mention earning the tag of “going soft on traitors,” always a sure winner in an election year.)

Of course, the Army could let Obama off the hook and simply send Manning to Leavenworth for the rest of his natural life, but that’s not a great option either in terms of the political optics. Manning’s cheerleaders are already complaining about the “horrific” conditions he’s being held under and it’s only going to get worse after his conviction. (He might even lose his cable TV, library and newspaper privileges and private exercise yard.)

If convicted on the Big Count, Manning will never, ever be able to be transferred into the general military prison population and will, in all likelihood, spend the rest of his life in solitary confinement. Of all the scoundrels in legal history, traitors are probably the most unpopular with the enlisted rank and file. Dumped into a large crowd, Manning’s safety would be virtually impossible to assure. And that would leave the President with a “folk hero” of the Left locked up under the same – or worse – conditions than he’s in now for the rest of his time in office. This would be a burr under Obama’s saddle which would never go away.

It’s been a long and winding road, but it looks like we may be coming to the end of it. The Army moves at their own pace, as they should, but if they’ve filed charges now they probably feel like their case is just about ripe for presentation. Look for a court martial date to be announced in the coming weeks or months.

Emptywheel at Firedoglake:

While we can’t be sure, I suspect the reference in Charge II, Specification 3 is to this information about the surveillance of Assange.

If I’m right about that, then it means the government is charging Manning with providing WikiLeaks with information about the surveillance being conducted, in real time, on WikiLeaks. And it would make it easy to prove both that “the enemy” got the information and that Manning intended the “enemy” to get it.

So if the government maintains that, by virtue of being an intelligence target, WikLeaks qualifies as an “enemy,” then they can also argue that Manning intentionally gave WikiLeaks information about how the government was targeting the organization. Which would make their aiding the enemy charge easy to prove.

But I also think that opens up the government to charges that it is criminalizing democracy.

As I noted above, the government’s own report on WikiLeaks describes its purpose to be increasing the accountability of democratic or corrupt governments. The government, by its own acknowledgment, knows that WikiLeaks’ intent is to support democracy. Furthermore, while the intelligence report reviews the debate about whether WikiLeaks constitutes protected free speech or criminal behavior (without taking a side in that debate), in a discussion of WikiLeaks’ efforts to verify an NGIC report on the battle of Fallujah, the report acknowledges that WikiLeaks did the kind of thing journalists do.

Wikileaks.org and some other news organizations did attempt to contact the NGIC personnel by e-mail or telephone to verify the information.

[snip]

Given the high visibility and publicity associated with publishing this classified report by Wikileaks.org, however, attempts to verify the information were prudent and show journalist responsibility to the newsworthiness or fair use of the classified document if they are investigated or challenged in court.

So while the military, according to its own report, describes WikiLeaks as a threat to the armed forces, it also acknowledges that WikiLeaks has behaved, at times, as a journalistic organization.

Mind you, all of this is simply a wildarsed guess about what the government may mean with its invocation of the “enemy.” But if I’m right, it would mean the government was threatening Manning with life in prison because he leaked information about the government’s surveillance of what it admits is an entity that engages in journalistic behavior.

Doug Mataconis:

Personally, though, I don’t think it would be that difficult a position for the President. The number of people complaining about Manning’s treatment can basically be whittled down to the Glenn Greenwald segment of the President’s progressive base, and many of them don’t seem to understand that Manning’s rights as a military prisoner being prosecuted under the Uniform Code Of Military Justice are distinctly different from the rights he would be entitled to as a civilian defendant in a civilian court. Additionally, many of them don’t seem to think that he did anything wrong even if the charges against him are true. I dare to say that they do not represent a majority of the Democratic Party, and certainly not a majority of the country. If Bradley Manning is convicted of aiding the enemy, then I doubt many Americans are going to care what happens to him.

There’s one fact buried in the new charges that I’ve only seen reported in the MSNBC story on them, though:

Pentagon and military officials also report that investigators have made no direct link between Manning and WikiLeaks founder Julian Assange.

This has been the case for months, despite digging by federal investigators in all directions, and it makes the probability that any charges will ever be sustained against Wikileaks, Julian Assange, or any related individuals, seem very remote indeed.

Jane Hamsher at Firedoglake:

Bradley Manning’s attorney, David Coombs, writes about the true reason Bradley Manning is being stripped each night and forced to report naked each morning in the same way prisoners were tortured at Abu Graib:

On Wednesday March 2, 2011, PFC Manning was told that his Article 138 complaint requesting that he be removed from Maximum custody and Prevention of Injury (POI) Watch had been denied by the Quantico commander, Colonel Daniel J. Choike.  Understandably frustrated by this decision after enduring over seven months of unduly harsh confinement conditions, PFC Manning inquired of the Brig operations officer what he needed to do in order to be downgraded from Maximum custody and POI.  As even Pentagon Press Secretary Geoff Morrell has stated, PFC Manning has been nothing short of “exemplary” as a detainee.  Additionally, Brig forensic psychiatrists have consistently maintained that there is no mental health justification for the POI Watch imposed on PFC Manning.  In response to PFC Manning’s question, he was told that there was nothing he could do to downgrade his detainee status and that the Brig simply considered him a risk of self-harm.  PFC Manning then remarked that the POI restrictions were “absurd” and sarcastically stated that if he wanted to harm himself, he could conceivably do so with the elastic waistband of his underwear or with his flip-flops.

Without consulting any Brig mental health provider, Chief Warrant Officer Denise Barnes used PFC’s Manning’s sarcastic quip as justification to increase the restrictions imposed upon him under the guise of being concerned that PFC Manning was a suicide risk.  PFC Manning was not, however, placed under the designation of Suicide Risk Watch.  This is because Suicide Risk Watch would have required a Brig mental health provider’s recommendation, which the Brig commander did not have.  In response to this specific incident, the Brig psychiatrist assessed PFC Manning as “low risk and requiring only routine outpatient followup [with] no need for … closer clinical observation.”  In particular, he indicated that PFC Manning’s statement about the waist band of his underwear was in no way prompted by “a psychiatric condition.”

While the commander needed the Brig psychiatrist’s recommendation to place PFC Manning on Suicide Risk Watch, no such recommendation was needed in order to increase his restrictions under POI Watch.  The conditions of POI Watch require only psychiatric input, but ultimately remain the decision of the commander.

Given these circumstances, the decision to strip PFC Manning of his clothing every night for an indefinite period of time is clearly punitive in nature.  There is no mental health justification for the decision. There is no basis in logic for this decision.  PFC Manning is under 24 hour surveillance, with guards never being more than a few feet away from his cell.  PFC Manning is permitted to have his underwear and clothing during the day, with no apparent concern that he will harm himself during this time period.  Moreover, if Brig officials were genuinely concerned about PFC Manning using either his underwear or flip-flops to harm himself (despite the recommendation of the Brig’s psychiatrist) they could undoubtedly provide him with clothing that would not, in their view, present a risk of self-harm.  Indeed, Brig officials have provided him other items such as tear-resistant blankets and a mattress with a built-in pillow due to their purported concerns.

This is just vile.  The former brig commander, James Averhart, violated military rules by putting Manning on suicide watch as punishment, and was subsequently replaced by Denise Barnes.  Now she’s stripping him naked to punish him for a sarcastic quip. Who is she, Nurse Ratched? Abusing someone’s mental health classification in order to subject them to torture “for their own good” is sick and sadistic, reminiscent of Soviet gulags.

Maybe she wants to become his “god.”

Alana Goodman at Commentary:

First, Lt. Brian Villiard, a Marine spokesman, confirmed that Manning’s clothes were taken from him, though he didn’t give many details of the incident, except to say that it wasn’t done for punitive reasons.

“It would be inappropriate for me to explain it,” Villiard told the New York Times. “I can confirm that it did happen, but I can’t explain it to you without violating the detainee’s privacy.”

This isn’t the first time that Manning’s lawyer has asserted that the private suffered abuse in prison, and it likely won’t be the last. It’s typical of attorneys to claim that their clients are mistreated in prison, and in a case like Manning’s, these types of allegations will be eaten up by his supporters.

But based on Villiard’s statement, and the timeline of the incident, it sounds like Manning’s clothes may have been taken from him owing to suicide concerns. The Army private was previously put on suicide watch in prison. His reaction to the new charges against him could have military officials apprehensive about his mental state.

Doug Mataconis:

As Glenn Greenwald notes, there really only seems to be one purpose behind what Manning is being subjected to:

Let’s review Manning’s detention over the last nine straight months: 23-hour/day solitary confinement; barred even from exercising in his cell; one hour total outside his cell per day where he’s allowed to walk around in circles in a room alone while shackled, and is returned to his cell the minute he stops walking; forced to respond to guards’ inquiries literally every 5 minutes, all day, everyday; and awakened at night each time he is curled up in the corner of his bed or otherwise outside the guards’ full view.  Is there anyone who doubts that these measures — and especially this prolonged forced nudity — are punitive and designed to further erode his mental health, physical health and will?  As The Guardian reported last year, forced nudity is almost certainly a breach of the Geneva Conventions; the Conventions do not technically apply to Manning, as he is not a prisoner of war, but they certainly establish the minimal protections to which all detainees — let alone citizens convicted of nothing — are entitled.

Moreover, Greenwald points out, correctly I think, the media seems to be giving the Obama Administration a pass here:

I’ll say this again:  just fathom the contrived, shrieking uproar from opportunistic Democratic politicians and their loyalists if it had been George Bush and Dick Cheney — on U.S. soil — subjecting a whistle-blowing member of the U.S. military to these repressive conditions without being convicted of anything, charging him with a capital offense that statutorily carries the death penalty, and then forcing him to remain nude every night and stand naked for inspection outside his cell.  Feigning concern over detainee abuse for partisan gain is only slightly less repellent than the treatment to which Manning is being subjected.

Indeed. It’s understandable, to be honest, why the right wouldn’t care all that much about how Private Manning is being treated. If this were happening under a Republican, though, the left would be united in outrage. Now, their silence is telling

Make no mistake about it. I do not consider Bradley Manning a hero in any sense of the word. Even if it were the case that much of the material that Manning stole from military computers should not have been classified, or really wasn’t all that important (and much of it wasn’t in the end), that isn’t a decision that a Private in the Army has a right to make. If the charges against him are true, he violated orders, accessed systems he had no right to access, and stole information that he had no right to take off base. If he’s convicted of these charges, he deserves to be punished to the fullest extent of the law. While he’s awaiting trial, though, and even after he’s convicted, he still must be treated humanely and, at present, Manning is receiving worse treatment than a Prisoner Of War would, and the only purpose behind it seems to be to break him psychologically. That’s simply unacceptable.

Jazz Shaw:

But can this treatment really be justified? There are two points to address on this front.

First and most simply put, Manning made the comment about being able to kill himself with his underwear, sarcastic or not. Can you imagine what would be said if the brig commander did nothing and then he actually did turn up dead in his cell by his own waistband? It would be a movable feast for the media and several careers would come to an abrupt end. How does the commander ignore something like that?

The second point is a bit more complicated and far less clear, and one that we’ve touched on here in the past. It boils down to some of the fundamental differences between civilian society and the military community. Just as civilians, used to all their freedoms of free speech, etc. don’t understand the restrictions on military personnel, those familiar with the civilian justice system are frequently shocked by many of the “unofficial” aspects of the U.C.M.J. Lots of things like this go on all the time in the military, or at least they used to back in the day. But normally you don’t have the civilian press watching and reporting on it.

Does that make it right? I leave that to the judgment of the reader.

Also, life in the military in general is just a bit more physical and harsh than in the civilian world. A lot of things happen which would probably shock many of you who have never served. In the Navy, for example, there is an old tradition of an initiation rite of passage the first time a sailor crosses the equator on a war ship. It is the time when you graduate from being a “pollywog” (or just “wog” for short) to being a “shellback.” Trust me, it’s an ordeal, usually lasting 24 hours or more.

The third time I made the passage, two enlisted men wound up in sick bay with broken arms. Everyone got to experience the joys of crawling through plastic chutes filled with garbage, rotting food and bilge water, all the while being “herded” by shellbacks wielding foot long lengths of fire hose, loving called, “shillelaghs.” (During my own initiation it took more than a week before the bruises finally faded.) And this is all for your friends who have done nothing wrong.

I’ll leave it for one of the veteran submarine sailors to tell you about the grand old tradition of having your dolphins “tacked on” if they wish to do so in comments.

So I suppose our final question is, does any of this make it acceptable for Manning to be treated in this fashion, either to cover the brig commander’s butt or for the sake of teaching a lesson to somebody mouthing off to their superiors? I really don’t know. Maybe we do need to shine a light on this and review military procedures, both official and “under the covers.” But I do know that life in the military community is a lot different than in the civilian world, and having lived it for a number of years myself, this story honestly didn’t shock me at all.

Andrew Sullivan:

There is only one word to describe the treatment of this model prisoner: sadism. Glenn Greenwald has been following the case closely and has two disturbing must-reads here and here. We all hoped that under Obama, brutal treatment of military prisoners and lies about it would end. In this case, they haven’t.

Megan McArdle:

I understand that Bradley Manning has probably done something very wrong, for which, if guilty, he deserves a hefty jail sentence and the contempt of his fellow citizens.  But this is not what a decent country does to its citizens.

The Politician And the Movie Star

Michael D. Shear at NYT:

Mike Huckabee, the former governor of Arkansas and a potential 2012 presidential candidate, has been getting lots of press recently for his comments on radio shows. The latest? This week, as first reported by Politico, he went after Hollywood star Natalie Portman.

“People see a Natalie Portman or some other Hollywood starlet who boasts, ‘we’re not married but we’re having these children and they’re doing just fine,’” Huckabee told conservative radio host Michael Medved Monday. “I think it gives a distorted image. It’s unfortunate that we glorify and glamorize the idea of out-of- wedlock children.”

Katrina Trinko at The Corner:

In framing the question to Huckabee, Medved had noted that Portman had said during her acceptance speech that she wanted to thank the father of her child for giving her “the most wonderful gift,” and argued that Portman’s message was “problematic.”

“I think it gives a distorted image that yes, not everybody hires nannies, and caretakers, and nurses,” Huckabee said. “Most single moms are very poor, uneducated, can’t get a job, and if it weren’t for government assistance, their kids would be starving to death and never have health care. And that’s the story that we’re not seeing, and it’s unfortunate that we glorify and glamorize the idea of out of children wedlock.”

“You know, right now, 75 percent of black kids in this country are born out of wedlock,” he continued. “Sixty-one percent of Hispanic kids — across the board, 41 percent of all live births in America are out of wedlock births. And the cost of that is simply staggering.”

Laura Donovan at Daily Caller:

During Portman’s Oscar acceptance speech Sunday, she thanked Millepied, saying he gave her “the most important role” of her life.

Medved responded that Millepied “didn’t give her the most wonderful gift, which would be a wedding ring!”

People Magazine reported at the end of last year that Portman and Millepied were engaged. Us Weekly revealed Portman’s engagement ring photos at the beginning of this year. They’re currently still engaged.

Tommy Christopher at Mediaite:

Here’s one humble suggestion. Maybe there would be fewer out-of-wedlock pregnancies if there were more sex education, including abstinence and safer sex. Even Bristol knows that.

Also, stop calling it “wedlock.” Sounds like something you get from stepping on a rusty nail.

Steve Benen:

But in the larger context, hearing about Huckabee’s criticism reinforces the notion that we really are stuck in the 1990s. After all, are there any substantive differences between what Huckabee said yesterday about Natalie Portman and what Dan Quayle said about Murphy Brown in 1992? Other than the fact that Brown was a fictional character, the remarks are remarkably similar.

Indeed, I feel like this keeps coming up. What do we see on the political landscape? Republicans are talking about shutting down the government and impeaching the president; Newt Gingrich is talking about running for president; a Democratic president saw his party get slammed in the midterms; the right wants a balanced budget amendment to the Constitution; conservatives are falsely labeling a moderate health care reform plan “socialized medicine”; and some national GOP leaders are preoccupied with Hollywood and out-of-wedlock births.

Andrew Sullivan:

The general point about the importance of two parents and marriage for children in poverty is well taken. But using Portman as an object of scorn? A woman who is in a loving relationship, is engaged to be married, and who publicly called her impending motherhood “the most important role of my life”?

She seems an unlikely culture war target. And a hopelessly tone-deaf one. Huckabee seems unready to me, or unwilling, to enter the race. And if he doesn’t, we all know what that means …

Robert Stacy McCain:

BTW, in case you didn’t notice, Mike Huckabee badmouthed Natalie Portman. Dude. How stupid is that?

Everybody loves Princess Amidala. Luke Skywalker’s mom, for crying out loud! And why would a conservative trash a woman who just called motherhood “the most important role of my life“?

Oh, wait. I forgot.

Mike Huckabee isn’t a conservative. Just ask Ann Coulter.

Oh, Beltway, Beltway, Beltway

Jake Sherman and Marin Cogan at Politico:

Rep. Darrell Issa, the Republican chairman of the powerful Oversight and Government Reform Committee, has launched an inquiry into whether spokesman Kurt Bardella improperly shared e-mails from other reporters with a New York Times reporter writing a book on Washington’s political culture, POLITICO has learned.

Bardella has been cooperating extensively with the Times’s Mark Leibovich on the book, and Issa told POLITICO Monday that he would “get to the bottom” of exactly what Bardella shared with Leibovich.

On Tuesday morning, Issa fired Bardella as a result of his investigation.

Issa, Bardella and Leibovich all were given several opportunities by POLITICO to deny that the e-mails were improperly shared. Bardella and Leibovich declined comment. Issa says he simply does not know.

Issa said Monday that Bardella assured him that “he does not share information between one reporter and another.” But he added there are questions about whether he might have treated Leibovich and his book project differently.

“His collaboration with the book author is what I want to get to the bottom of,” Issa said.

Issa said he was seeking to speak to Leibovich personally on Wednesday to ascertain “what kind of cooperation he was expecting. … I want to know in minute terms what the terms are.” As of late Monday afternoon, Leibovich said he had not heard from Issa or his staff.

In an earlier interview with POLITICO, Issa said he was aware his staff has been cooperating with Leibovich and that he had had a hallway interview with Leibovich himself. He said he agrees that if Bardella forwarded or blind-copied reporter e-mails to Leibovich, it would be improper. “It troubles me too,” Issa said, adding that if it is going on, “I’m going to get it stopped.”

Confronted about whether he was sharing the e-mails with Leibovich, Bardella initially said, “Am I bcc’ing him on every e-mail I send out? Of course not.”

Paul Farhi and Paul Kane at WaPo:

Leibovich, a former Washington Post staffer, is on leave from the Times while he researches the book, which is scheduled to be published next year. Reached Monday night, Leibovich had no comment.

Politico.com first reported the alleged leak Monday. The Web site’s editor, John Harris, first raised concerns about the e-mails Sunday in a letter to Issa.

“The practice of sharing reporter e-mails with another journalist on a clandestine basis would be egregiously unprofessional under any circumstances,” Harris wrote, according to Politico. “As the editor-in-chief of Politico, my concern is heightened by information suggesting that Politico journalists may have had their reporting compromised by this activity.”

Harris – a former Post writer and editor – said in an interview Monday that his Capitol Hill reporters heard about the possible leak Friday. “It’s just intolerable if [information about] our reporting was shared with other journalists from other news organizations,” he said. “Our reporting is proprietary and our stories are competitive. Journalists have an expectation that their communication [with sources] is confidential.”

But sources familiar with the matter said that the leak involves hundreds of e-mails to Issa’s office, many of them mundane and routine inquiries from news organizations seeking information and interviews with the chairman.

Bardella lists Leibovich among his friends on Facebook.

Jack Shafer at Slate:

Although I would be first to offer condolences to any reporter whose e-mails or inquiries to a press officer had been blithely shared with another reporter, I wouldn’t spend more than five seconds on cheering him up. A certain variety of Washington reporter lives and dies by leaks from government officials, so I don’t see why a government official leaking to a reporter about a national security matter is kosher, but a government official leaking about what reporters are asking him about is “egregiously unprofessional,” “compromising,” or “intolerable,” as Harris puts it.

As for Harris’ expectation that communications from reporters will be “held confidential,” well, I feel another lung coming up. Although I hope flacks will keep confidential my inquiries to them and their bosses, never in my journalistic career have I believed that a flack would keep his mouth zipped. Flacks and reporters are in the business of distributing information, not sequestering it. They move information like currency traders! They’re blabbermouths! This is one reason why reporting on the press is so easy, why the freshest journalistic recruit can start reporting on the press with almost no experience: Reporters love to give up their secrets and the secrets of others. Why? Because that’s what they’re trained to do! Flacks are almost as loose-mouthed.

Anybody composing e-mails these days should proceed on the assumption that what they write will be posted on the Web milliseconds after they send it. E-mail is not a secure form of communication. You might as well skywrite your questions to a press spokesman as put them in an e-mail. If Harris is so upset about his reporters’ e-mails getting leaked to Leibovich, he should have them use the phone. It’s not a leak-proof device, but it’s harder to forward a phone conversation unless you’re running a tape recorder.

Of course it is wrong for somebody to share correspondence without asking for permission first, but if that ethical constraint were universally observed, there would be no journalism. We’d all be rewriting GAO reports for a living.

Ryan Lizza at The New Yorker:

I’m somewhat mystified that Issa required an “investigation” to get to the bottom of this, because inside Issa’s office there was no secret about Bardella’s cooperation. When I was writing my profile of Issa, Bardella openly discussed his cooperation with Leibovich—and not just with me, but with his direct boss as well. For example, during a meeting with Bardella and Issa’s chief of staff, Dale Neugebauer, the three of us had a light-hearted discussion about how extensively Bardella was working with Leibovich.

“So you know about this, right?” I asked Neugebauer.

“Oh yeah. Yeah, he knows,” Bardella said.

“He [Bardella] just got to Washington and he’s got a book about him coming out,” I noted.

“I know, no kidding,” Neugebauer said.

In a later conversation, Bardella told me, “I’ve shared a lot with [Leibovich].” He added, “I have provided him with a lot of content. I BCC him on certain projects that I’m working on.” Bardella said he shared information that shows “this is how it happens” and “this is the conversation I’m having right now.”

“Do the other folks in the office know?” I asked.

“Yeah,” Bardella said, and he gave me an example of the type of stuff he shares: “Here’s this inquiry I got from a reporter. Here’s what I said to my staff about it, here’s the story, here’s the e-mail I just got from so-and-so, another reporter who’s upset that I gave his story to [someone else].”

At another point in one of our conversations, Bardella explained that getting news in partisan outlets— he cited the Daily Caller, the Washington Examiner, and the Washington Times—was easy, but it didn’t have the same impact as getting something in the mainstream press. He explained that he had recently leaked a report on ACORN to the New York Times, which had run what was, in his view, a good story for Issa. He then received an e-mail from an aide to Senator Susan Collins, he said, who complained about not being part of the decision to leak the report. Bardella said that he sent the e-mails documenting the whole drama to Leibovich.

“I blind-copied Mark in my response,” he said, “which was, given that my options were the Examiner or the New York Times, I’m not exactly going to apologize for the result that I just produced that you would not have. You had the report for four days and you didn’t do shit with it.”

[…]

This long back and forth was the lead-in to a Bardella quote I used in the piece:

[R]eporters e-mail me saying, “Hey, I’m writing this story on this thing. Do you think you guys might want to investigate it? If so, if you get some documents, can you give them to me?” I’m, like, “You guys are going to write that we’re the ones wanting to do all the investigating, but you guys are literally the ones trying to egg us on to do that!”

To me that last quote was one of the most important things Bardella told me. The rest of it—that offices clash over how to leak info and that bookers and reporters are competitive—is interesting but relatively well known, and not very relevant to a piece about Darrell Issa. But that Bardella accused reporters of offering to collaborate with Issa as he launches what will inevitably be partisan investigations of the Obama Administration seemed jaw-dropping. This is exactly the dysfunctional investigator/reporter dynamic that in the nineteen-nineties fed frenzies over every minor Clinton scandal. In his short-lived career, Bardella was witness to the fact that it was all starting over in 2011, now that there was again a Republican House and a Democratic President. From what I know of what Bardella shared, the beat reporters who cover Issa and engaged in this kind of game with Bardella will be the ones most embarrassed by the e-mails that Leibovich possesses.

Andrew Sullivan on Lizza:

Will Ryan now publish every email he has sent requesting an interview with someone on the Hill? If not, why not? And if another journalist somehow got access to his emails and published them, would he be fine with that? Or is it just because he’s buddies with Leibovich? Just asking. I’m not saying that there is nothing wrong with the journalist-source relationship right now. I’m saying there are ethical and unethical ways to point this out.

Michael D. Shear at NYT:

Politico, the news Web site that on Monday revealed that a Congressional aide had been secretly sharing e-mails with a New York Times reporter,  itself sought correspondence between government officials in numerous federal agencies and other news organizations.

In a 2009 Freedom of Information Act request distributed to at least half a dozen cabinet departments, Ken Vogel, a Politico reporter, made a broad request for all government communications with reporters or editors of 16 news organizations.

The request — which was eventually fulfilled in part after being narrowed, a Politico editor said — asked for “copies of all correspondence,” including “but not limited to e-mails, notes, letters and phone messages — received from or sent to employees or officials” of a number of media organizations: the five major television networks; National Public Radio; the Web sites Huffington Post, ProPublica and TPM Muckraker; and The Chicago Sun-Times, The Chicago Tribune, The Los Angeles Times, The New York Times, The Washington Post and The Washington Times. The request also included Politico.

Among the agencies that received the request were the Justice Department, the Energy Department, the Commerce Department, the Environmental Protection Agency, the Treasury Department and the Transportation Department.

Politico was the first to report this week that Kurt Bardella, the chief spokesman for Representative Darrell Issa of California, had been giving copies of Mr. Bardella’s e-mail correspondence to Mark Leibovich, a reporter for The New York Times who is on leave to write a book about the political culture in Washington.

Politico reported that its editor in chief, John F. Harris, wrote to Mr. Issa that the practice would be “egregiously unprofessional under any circumstances” and called for an investigation into whether “journalists may have had their reporting compromised by this activity.”

(Mr. Harris said in an e-mail Wednesday morning that he was not interested in a legal probe of the situation, but asked Issa directly for answers about the arrangement between Mr. Bardella and Mr. Leibovich.)

Mr. Harris said in an interview Tuesday that there was a difference between a routine request for correspondence under the Freedom of Information Act and an arrangement in which e-mails were passed on immediately to another reporter.

He called it “bad faith between journalists who had an expectation of privacy and the person representing Chairman Issa, who violated that.”

“I thought there was a professional expectation, widely held and legitimately held, and that was compromised.”

In the Politico request, Mr. Vogel hinted at one target of his search, noting that included in the response should be “invitations (including to social events).” In fact, several government officials said Tuesday that the broad request was eventually narrowed to a search for invitations from reporters to social events.

Ben Smith at Politico:

Over at The New York Times’s Caucus blog, Michael Shear (with assistance from three other reporters) responded this evening to POLITICO’s scoop about Kurt Bardella, a since-fired aide to Rep. Darrell Issa who shared reporters’ emails with Times reporter Mark Leibovich.

Shear reported that POLITICO’s Ken Vogel in 2009 filed a Freedom of Information Act seeking correspondence between “at least half a dozen cabinet departments” and representatives of various media outlets (including POLITICO).

Comparing Vogel’s request to the Bardella/Leibovich arrangement, under which Bardella apparently blind copied Leibovich on emails to unknowing reporters, Shear writes that Vogel’s “initial F.O.I. request was, if anything, broader in its reach than the dissemination of information from Mr. Bardella to Mr. Leibovich.”

I find the blog item a bit perplexing and out of character. The comparison, in any event, misses the point of Vogel’s request, whose results never wound up in a story.

The correspondence Vogel requested is considered public information under federal law, the Freedom of Information Act, while the emails Leibovich received from Bardella are not, because Congress — unlike executive branch agencies outside the White House (and some in it) — is not subject to the FOIA. There’s nothing terribly novel about seeking reporters’ emails with executive branch officials. The Columbia Journalism Review and Gawker forced the state of New York to release emails between reporters and David Paterson’s staff last year.

Leibovich’s email collection is for a book due out in 2012, which Leibovich’s publisher describes as an examination of “Washington’s culture of self-love.”

Vogel tells me his request wasn’t actually aimed at reporters. He was reporting for a follow-up story on the controversy over The Washington Post’s aborted plans to host “salons,” in which the Post offered lobbyists who paid as much as $250,000 off-the-record access to “those powerful few” — Obama administration officials, members of Congress, and even the paper’s own reporters and editors.

Shear writes “Mr. Vogel hinted at one target of his search, noting that included in the response should be ‘invitations (including to social events).’ In fact, several government officials said Tuesday that the broad request was eventually narrowed to a search for invitations from reporters to social events.”

Vogel says he never asked for “invitations from reporters.” He asked for emails with “employees or officials at the media outlets,” because he wasn’t looking for embarrassing emails from reporters, but rather for invitations to salons or other events.

This isn’t to say that there’s anything wrong with reporting on reporters and their emails, whether obtained from leaky staffers or public records. But the equivalence the Times went for in its headline isn’t there, either in the form or subject of Vogel’s reporting.

Dana Milbank at WaPo:

In the middle of all this is the book author, the New York Times’ Mark Leibovich, a friend of mine, who set out to write about this town’s culture and finds himself being sucked into the dysfunctional drama, which resembles nothing so much as a bad reality-TV show in which people put their honesty and judgment second to their quest to be players.

This particular episode begins with the New Yorker’s Ryan Lizza, another friend of mine (see what I mean by incestuous?) who wrote the definitive profile of Issa in January, describing his history as a car thief, among other things. Lizza also got Bardella to make some some surprisingly candid statements.

“I’m going to make Darrell Issa an actual political figure,” Bardella said. “I’m going to focus like a laser beam on the five hundred people here who care about this crap, and that’s it . . . so Darrell can expand his sphere of influence here among people who track who’s up, who’s down, who wins, who loses.”

Bardella also disclosed contempt for reporters he described as “lazy as hell. There are times when I pitch a story and they do it word for word. That’s just embarrassing. They’re adjusting to a time that demands less quality and more quantity.”

Lizza learned that Bardella had been sharing reporters’ obsequious e-mails with Leibovich. Lizza didn’t include the anecdote because Bardella wasn’t his focus, but word spread via journalistic pillow-talk after Lizza mentioned it in conversations, eventually making its way to Politico. That publication had done more than any other to increase Issa’s profile, with items such as “Issa aims to unmask health care deals” and “Sheriff Issa’s top six targets.”

Put on your PJs: It’s about to get even cozier. Politico reporters were making inquiries on Friday about their e-mails being forwarded to Leibovich, but on Saturday night they partied with Leibovich at the American Legion Hall on Capitol Hill for the 40th birthday party of Politico’s executive editor, Jim VandeHei.

A few hours before the party, Leibovich got a call from Politico’s editor-in-chief, John Harris – who, along with VandeHei and reporter Mike Allen, used to work at The Post with Leibovich (and me! So very cozy!). “Couldn’t this wait until VandeHei’s party?” Leibovich joked to Harris.

The bash itself was a celebration of the politically powerful. Rep. Paul Ryan (R-Wis.) and White House official Austan Goolsbee joined the likes of Bob Woodward and Tom Brokaw in a video tribute to VandeHei. The party received a 600-word write-up, which included Leibovich’s attendance, in Allen’s Politico Playbook the next day.

Also Sunday, Politico’s Harris wrote to Issa calling for an investigation into the “egregiously unprofessional” release of e-mails. On Monday, Politico published a story on the controversy co-written by Marin Cogan, a friend of Lizza’s.

From what I understand, the e-mails won’t look good for Politico if and when Leibovich releases them. There are expected to be many from Allen and reporter Jake Sherman. There could be embarrassments for other outlets, including The Post, that played footsie with the 27-year-old Bardella as part of a culture in which journalists implicitly provide positive coverage in exchange for tidbits of news.

But this isn’t real news. The items Bardella fed journalists were “exclusive” previews of announcements designed to make Issa look good. Now that Bardella has been fired, Issa has been embarrassed and a few reporters are set to be humiliated, it might be a good time for those who cover the news to regain a sense of detachment from those who make the news.

Jennifer Rubin:

Self-absorption to the point of parody? Check. Thinly-disguised “news” stories that serve journalists’ own personal or business interests? Check. Evidence that “journalistic ethics” is taking on the status of an oxymoron? Check. In the world of celebrity journalists, it’s perhaps to be expected that some news reporters and editors have come to regard themselves as the story, or, at the very least, to become convinced that their concerns and woes as the most fascinating part of the story. (Hence, hours of Cooper Anderson’s knock on the head in Cairo.) For people in the business of providing “context” and “perspective” that’s a pretty big character flaw.

We Got Numbers On What The Public Thinks…

Michael Cooper and Megan Thee-Brenan at NYT:

As labor battles erupt in state capitals around the nation, a majority of Americans say they oppose efforts to weaken the collective bargaining rights of public employee unions and are also against cutting the pay or benefits of public workers to reduce state budget deficits, according to the latest New York Times/CBS News poll.

Labor unions are not exactly popular, though: A third of those surveyed viewed them favorably, a quarter viewed them unfavorably, and the rest said they were either undecided or had not heard enough about them. But the nationwide poll found that embattled public employee unions have the support of most Americans — and most independents — as they fight the efforts of newly elected Republican governors in Wisconsin and Ohio to weaken their bargaining powers, and the attempts of governors from both parties to cut their pay or benefits.

Americans oppose weakening the bargaining rights of public employee unions by a margin of nearly two to one: 60 percent to 33 percent. While a slim majority of Republicans favored taking away some bargaining rights, they were outnumbered by large majorities of Democrats and independents who said they opposed weakening them.

Those surveyed said they opposed, 56 percent to 37 percent, cutting the pay or benefits of public employees to reduce deficits, breaking down along similar party lines. A majority of respondents who have no union members living in their households opposed both cuts in pay or benefits and taking away the collective bargaining rights of public employees.

Paul Krugman:

The new poll reported in this morning’s Times will, I suspect, come as a shock to many political commentators. Quite a few news analyses of the assault on public-sector workers have simply assumed that the move was a political winner, with little if any thought given to the possibility that the general public wasn’t actually ready to go along. But whaddya know: while people don’t necessarily love unions — hey, I personally don’t necessarily love unions — most people apparently see them as having a legitimate role.

Again, I’m having Iraq flashbacks: there was a prolonged period when the inside-the-Beltway view was that only crackpots believed that Bush had misled us into war, even as polling indicated a substantial fraction, and eventually a majority, of the public already believed just that

Allah Pundit:

Fully 62 percent of independents (and 70 percent of Democrats) oppose weakening collective bargaining. As usual, the question provides no background on PEUs and why they present a unique problem for state budgets, especially when there’s a Democrat in the governor’s office:

On the other hand, the question about cutting public workers’ pay does explicitly mention state budget deficits — and there’s still heavy majority support for workers:

A near majority (49 percent) also supports letting cops and firefighters retire after 25 years with full pensions even if they’re in their 40s — which, in some cases for people of average lifespans, would mean more pay during retirement than while they were on the job. CBS, which co-sponsored the poll, asked Chris Christie for reaction. Quote:

Christie, who has been critical of teachers’ unions in his state, said the collective bargaining story was “entertaining,” though he said it wasn’t an issue in his state or most states. He then told a CBS News reporter that he was “sure you worded the poll in a way that kept [the story] going.”

“I’m the governor, I think I’ve got a better idea on public opinion in my state than CBS News does to tell you the truth,” he said. “If not, Katie Couric should run for governor of New Jersey.”

That’s cute, and I’m sure some will quibble with the sample (36D/26R/36I and 19L/37M/36C), but even if you tweaked it to add a few more Republicans, these numbers wouldn’t shift dramatically. And why should they? Remember this graph from Pew’s poll on America’s budget crunch a few weeks ago?

Up and down the line, not a single item draws a clear majority in favor of cuts. And what about this one?

Even tea partiers go wobbly when it comes to cutting spending on education and Social Security. For whatever reason — misinformation or simple denial — the public isn’t remotely serious yet when it comes to making painful choices on spending. When asked if budget cuts are a good thing in the abstract, they’re plenty supportive, but start identifying specific programs and industries that’ll have to make do with less and those cold feet start turning icy. If you can’t even get 50 percent to say they’re prepared to cut foreign aid, how on earth will you get 50 percent to support cuts to the “working man” in the form of public employees?

I don’t know what it’ll take to build popular support for greater austerity. Maybe nothing. Maybe we’re going to have to elect a bunch of Republicans who are fully prepared to sacrifice their careers by taking tough but necessary votes on the budget. Here’s Christie from yesterday’s “Face the Nation” gently reminding viewers that collective bargaining rights aren’t inscribed on the Mt. Sinai tablets.

Steve Benen:

The poll closely mirrors the results from Gallup last week, but offers more details about public attitudes. In this case, nearly all of those details suggest the arguments from the right are failing badly.

Indeed, one result in particular may cause heart palpitations in some GOP circles: “Asked how they would choose to reduce their state’s deficits, those polled preferred tax increases over benefit cuts for state workers by nearly two to one.”

That’s probably not what Wisconsin Gov. Scott Walker (R) wanted to hear.

What’s more, people in every income group oppose compensation and benefit cuts for public employees. Cuts had the most support from those making more than $100,000 a year, and even within this group, a plurality opposed cutting pay or benefits.

If Walker and his allies assumed Americans would rally behind them, these Republicans badly misread public attitudes.

Postscript: And in case that weren’t quite enough, a new survey from the Pew Research Center found Americans siding with workers over Wisconsin’s Walker, 42% to 31%.

Tim Cavanaugh at Reason:

Forget the pitiful polling performance, the shucking of friendly legislators, the phone punk that will live in infamy. Wisconsin Gov. Scott Walker’s greatest gift to the left is hidden in plain sight: He managed to turn a consensus position based on straightforward math into what looks like a partisan issue.

Just two weeks ago, the crisis of government employee pensions was an issue for Democrats. If you look closely at states around the country, it still is. New York Gov. Andrew Cuomo, California Gov. Jerry Brown, even Rahmbo himself, all are engaged to varying degrees in open campaigns to roll back compensation packages for government employees. In the Nutmeg State, Gov. Dan Malloy is seeking billion-dollar cuts in public sector compensation spending in his next budget. These Democratic executives and candidates are not alienating their union donors out of limited government principle; they’re doing it because they see the logarithmic cascade of pension liability as a threat to public parks, environmental programs, rail transit, and other budget items Democrats like.

All that has now been lost in a fog of Republocrat positioning. You’d think everything was going swimmingly until the meddlesome voters gave Republicans the upper hand in so many states.

It was probably inevitable that the government employee unions would find some Republican villain to be the foil for a George Lakoff-style reframing of the state fiscal crisis — and what do you know, here’s great Lakoff himself to suggest a new conceptual framework in which public employees’ unions, by seeking the maximum payout from taxpayers, are “raising deeper issues in which wealthy corporations and individuals play a huge role.”

But Walker’s angle of approach has allowed this national issue to bog down in sniping between people who think there’s a difference between the two parties. I can’t blame Walker for trying to use this moment to weaken the political power of government employee unions. (Though it’s not totally clear that collective bargaining is the decisive factor in fat government worker contracts or government employee political clout; some of the most crushing burdens — including California’s SB 400 — were accomplished legislatively rather than at the bargaining table.) But as Arnold Schwarzenegger found out with his failed ballot initiatives of 2005, directly targeting union political power is a great way to get your ass kicked. And Walker seems to have even less finesse than Arnold.

The problem is that once you’ve moved this national issue into the realm of left-right politics, you open the floodgates of horse pucky. Sure enough, The New York Times now would have us believe most Americans want to increase their own taxes and save less for their own retirements so that so that higher-paid cops, firefighters, and teachers can retire earlier with better pensions and benefits. Public Policy Polling claims Republicans in the Badger State are turning against Walker.

Give The Public What They Want, More Blog Posts On Mandates

Sheryl Gay Stolberg and Kevin Sack at NYT:

Seeking to appease disgruntled governors, President Obama announced Monday that he supported amending the 2010 health care law to allow states to opt out of its most burdensome requirements three years earlier than currently permitted.

In remarks to the National Governors Association, Mr. Obama said he backed legislation that would enable states to request federal permission to withdraw from the law’s mandates in 2014 rather than in 2017 as long as they could prove that they could find other ways to cover as many people as the original law would and at the same cost. The earlier date is when many of the act’s central provisions take effect, including requirements that most individuals obtain health insurance and that employers of a certain size offer coverage to workers or pay a penalty.

“I think that’s a reasonable proposal; I support it,” Mr. Obama told the governors, who were gathered in the State Dining Room of the White House.

“It will give you flexibility more quickly while still guaranteeing the American people reform.”

Kate Pickert at Swampland at Time:

As I wrote in November, there’s no guarantee Republicans governors will embrace this 2014 opt-out waiver plan, which would have to pass through Congress to become law:

Aside from the political implications of endorsing a plan championed by a Democratic leader on health reform – even if he is in cahoots with a Republican from a blue state – some on the right might balk at the Wyden-Brown plan on the grounds that it’s still an expensive expansion of government. The Wyden-Brown plan, after all, does not – as far as I can tell – spend any less money than the ACA without a state opt-out. On the contrary, it may cost more.

The Wyden-Brown plan also does not impact the huge Medicaid expansion called for in the ACA, which Republicans vehemently oppose. It doesn’t eliminate taxes on expensive health insurance plans, or fees levied on medical devices or pharmaceuticals.

Another catch: The Wyden-Brown plan only allows states to opt out if they have a good plan for how to undertake comprehensive health care reform on their own. Most states don’t have such a plan. Massachusetts, which enacted reform in 2007, obviously does, which is why Brown was a logical co-sponsor of the opt-out bill. California, Connecticut and Vermont are three other states that are on their way toward developing health care reform inside their borders. But red states – especially southern states – are among those least equipped to design and implement reform that could accomplish what the ACA attempts to do, as they typically have higher percentages of uninsured residents and looser insurance regulation.

Conn Carroll at Heritage:

As long as the HHS Secretary, whether it is Kathleen Sebelius or the next occupant of the office, has the final say on granting Obamacare waivers, then there is no real flexibility for states under Obamacare. All 50 of them would still be at the mercy of the whim of the HHS. The only real way to give states true flexibility on health care reform begins with the full repeal of Obamacare.

UPDATE: Politico confirms that Wyden-Brown has nothing to do with offering Obamacare critical states “flexibility” and everything to do with advancing single payer health care:

[A] White House conference call with liberal allies this morning says the Administration is presenting it to Democrats as an opportunity to offer more expansive health care plans than the one Congress passed.

Health care advisers Nancy-Ann DeParle and Stephanie Cutter stressed on the off-record call that the rule change would allow states to implement single-payer health care plans — as Vermont seeks to — and true government-run plans, like Connecticut’s Sustinet.

The source on the call summarizes the officials’ point — which is not one the Administration has sought to make publically — as casting the new “flexibility” language as an opportunity to try more progressive, not less expansive, approaches on the state level.

“They are trying to split the baby here: on one hand tell supporters this is good for their pet issues, versus a message for the general public that the POTUS is responding to what he is hearing and that he is being sensible,” the source emails.

Ezra Klein:

The question is whether this makes Wyden-Brown more or less likely to pass. I’m guessing less likely. The political theory behind Wyden-Brown was that it gave Republicans a constructive way to attack the Affordable Care Act: The waiver program could be sold as a critique of the law — “it’s such a bad bill that states need to write their own policy” — even as it entrenched the country’s basic commitment to universal health-care insurance. You could’ve imagined it being attached to the budget or one of the spending bills as part of a larger bargain.

But now that Obama has admitted it’s not a threat to the Affordable Care Act, a lot of the appeal for Republicans dissipates. Supporting it could even be seen as helping the White House in its efforts to defend the law against repeal. So the idea looks likelier to become a talking point for the administration — see how reasonable we’re being? — than an outlet for Republicans. But perhaps that doesn’t matter: Wyden-Brown hasn’t attracted any Republican co-sponsors beyond Scott Brown, so maybe it never had a chance of playing its intended part anyway.

Kevin Drum:

I suspect this is not as big a deal as it seems. Basically, Obama is calling the bluff of Republicans who insist that they can build a healthcare system that’s as extensive and affordable as PPACA using some combination of tea party-approved “free market” principles. He’s telling them to put their money (or, rather, money from the feds) where their mouths are, which will probably demonstrate fairly conclusively that they can’t do it. It’s possible that a state like Oregon might enact a more liberal plan that meets PPACA standards, but I doubt that Alabama or Tennessee can do it just with HSAs and high-deductible health plans.

Still, we’ll see. This is a chance for conservatives to show that they have a better healthcare answer in the real world, not just as talking points at a tea party rally. Obama is betting they’ll fail, and he’s also betting they’ll tear each other apart arguing over details while they do it. Life is easy when all you have to do is yell “Repeal Obamacare!” but it gets a lot harder when you have to produce an actual plan.