They Said One Thing, They Did Another

Photo via Sully

Gwen Florio in the Missoulian:

Federal raids hit medical marijuana shops from Columbia Falls to Billings on Monday, spreading “a horrible mixture of fear and rage” through a community already roiled by high-profile attempts to regulate it.

“The reckless and cruel disregard for the patients that count on these shops is going to cause a lot of heartache,” said John Masterson of Missoula, who heads Montana NORML (National Organization for the Reform of Marijuana Laws), which live-blogged information about the raids throughout the day Monday.

Advocates for medical marijuana noted that federal agents executed their search warrants even as a Montana Senate panel collected testimony on a bill to repeal the state’s 2004 voter initiative legalizing medicinal use of marijuana. (See related story.)

“It sure feels like a blatant, obvious, calculated, bullying interference by the federal government in Montana decision-making,” said Tom Daubert, a leading medical marijuana advocate, who was in the committee hearing Monday morning when he heard about the raids.

Andrew Sullivan:

A reader flags the troubling news, adding, “The Feds have not stopped cracking down on medical marijuana even though Obama said they would.”

Jacob Sullum at Reason:

Wait. Didn’t Barack Obama repeatedly promise to call off the DEA’s medical marijuana raids when he was running for president, and didn’t his attorney general instruct federal prosecutors to leave patients and providers alone as long as they are complying with state law? Sort of. Under a policy change announced by the Justice Department in October 2009, U.S. attorneys were told that, “as a general matter,” they “should not focus federal resources” on “individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” In practice, this policy means the feds reserve the right to interpret state law and decide whether patients and providers are following it, as illustrated by continued raids in California, Colorado, and Michigan.

Montana, like California and Michigan, allows “caregivers” as well as patients to grow marijuana. Montana’s Medical Marijuana Act (PDF) defines a caregiver as an individual “who has agreed to undertake responsibility for managing the well-being of a person with respect to the medical use of marijuana.” A patient with a doctor’s recommendation may grow up to six plants and possess up to one ounce of usable marijuana for his own consumption, or he can designate a caregiver, who may grow up to six plants on his behalf. Are patients or caregivers allowed to form “cooperatives,” as they do in California, and grow marijuana together? According to the state Department of Public Health & Human Services, which keeps track of registered patients and their caregivers, “the law is silent on this issue.” And although the law specifies that “a qualifying patient may have only one caregiver at any one time,” it does not seem to address the question of whether a caregiver may grow marijuana for more than one patient.

The upshot is that the DEA can always argue that any individual or group of people with more than six plants (or more than one ounce of usable marijuana) in one place is not “in clear and unambiguous compliance” with Montana law. That would be the case even if state courts explicitly approved grow operations and dispensaries operated by patients or caregivers. Federal raids have continued in California even though the state attorney general (now the governor) said dispensaries are permitted.

Jeralyn at Talk Left:

Medical marijuana has been legal in Montana since 2004. Efforts are underway in the legislature to repeal it.

On Monday in the state Legislature, a committee deadlocked on a bill that would repeal the state’s medical marijuana law.

The Senate Judiciary Committee voted 6-6 on House Speaker Mike Milburn’s House Bill 161, which would repeal the law passed by voters in 2004. Unless the deadlock is broken, the bill is dead.

Among the federal agencies involved in the raids:

[The]Drug Enforcement Administration, Immigration and Customs Enforcement, Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.

It sure sounds like the raids were timed to coincide with the consideration of the repeal bill. These raids occurred all over the state, including: Belgrade, Big Sky, Billings, Bozeman, Columbia Falls, Dillon, Great Falls, Helena, Kalispell, Miles City, Missoula, Olney and Whitefish.

Montana patients are not staying silent:

[T]he patient community has quickly responded by planning coordinated vigils at various city halls across the state at 5pm on Wednesday. Tomorrow’s vigils are being organized by Americans for Safe Access and sponsored by Patients and Families United and Montana Medical Growers Association, which are both statewide medical marijuana groups.

Americans for Safe Access is distributing this Raid Emergency Response Plan for businesses who fear being raided.

Jason Sullem at Reason has more on Montana’s medical marijuana muddle. The problem is that Obama and AG Eric Holder’s positions are vague and arbitrarily enforced, as evident from the October, 2009 memo.

The Obama Administration is not committed to allowing medical marijuana in states with laws that allow it. As I wrote here,

[T]he Holder statements and Ogden Memo are not enough protection. Short of legalization, Congress at least needs to pass a law disallowing prosecution of medical marijuana patients and providers who are in compliance with state law — or at a minimum, a law that expressly allows patients, caregivers and providers to raise compliance with state law as an affirmative defense to a federal prosecution.

Congressman Jared Polis is seeking decriminalization at the federal level. He’s even appearing at industry events. I have doubts it will happen at the federal level while Obama is President. The next best thing is protection from federal prosecution. (More on Polis’ efforts here.)

Caitlin Dickson at The Atlantic:

The raids raise questions about the legitimacy of state marijuana laws in the face of a federal government that considers any production and sale of the substance to be illegal. They also highlight two particular areas where the difference between federal and state marijuana laws collide.

Drug trafficking: Possession was not the issue in Monday’s Montana raids nor Tuesday’s in California. Rather, agents targeted marijuana providers. These raids have elicited outrage from those who recall President Obama’s promise that the Justice Department would be more “hands off” with regard to prosecuting marijuana users and distributors in states that have legalized the medical use of pot. Just last month, AOL News’ Jacob Sullum analyzed the instructions U.S. attorney’s received in November to apply said lenience only to “individuals whose actions are in clear and unambiguous compliance with existing state laws.” He notes that states like California may allow patients or their “caregivers” to grow their pot collectively and sell it to other patients at dispensaries, but to U.S. attorneys or the DEA, dispensaries themselves “are completely illegal” regardless of the state’s law, “because they exchange pot for money.”
Tax evasion: The raided growers and dispensaries is Montana and California are all being charged with tax evasion. In states that have legalized medical marijuana use, medical marijuana dispensaries should be considered legal businesses. But, according to the I.R.S., “no deductable credit shall be allowed for any amount paid or incurred during the taxable year in carrying on any trade or business if such trade or business…consists of trafficking in controlled substances…which is prohibited by Federal Law or the law of any State in which such trade or business is conducted.” That would, of course, pose quite a problem for filing taxes.

Ed Morrissey:

It’s possible in these two raids that there were other crimes suspected of the operators than just the sale of pot. Until the courts unseal the records, we won’t know the answer to that, as apparently no one in the DoJ wants to talk about it at the moment. If not, though, one can certainly argue that the statements of Obama and Holder about leaving state-licensed vendors alone amount to a moral case of entrapment, if not a legal case.

What is the actual Obama administration policy on licensed marijuana vendors in states like California? Shouldn’t they make that clear so that the operators of these clinics have a chance to adapt to a clear legal environment?

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.

The King Hearings… A Small Sampling

Mark Memmott at NPR:

The House Committee on Homeland Security’s hearing on what Chairman Peter King (R-NY) says is the domestic threat from “Muslim radicalization” continues on Capitol Hill. We posted earlier on the emotional testimony from Rep. Keith Ellison (D-MN), the first Muslim member of Congress and on a father’s warning about the “extremist invaders” who he says programmed his son to kill.

King, as you can see in this video from The Associated Press, said he will not “back down … to political correctness.”

“There is nothing radical or un-American in holding these hearings,” King said

Chris Good at The Altantic:

In a move that’s stirred much criticism, New York Rep. Peter King on Thursday, at 9:30 a.m. Eastern, will hold a hearing of the House Homeland Security Committee examining radicalization among American Muslims.

Not since the Bush administration has public debate erupted so sharply over whether a particular congressional hearing should even be held.

King says the hearing is “absolutely necessary.” Radicalization exists in the Muslim community in America, and it’s his job as committee chairman to fully investigate it, King has said.

“I have no choice. I have to hold these hearings. These hearings are absolutely essential. What I’m doing is taking the next logical step from what the administration has been saying. Eric Holder says he lies awake at night worrying about the growing radicalization of people in this country who are willing to take up arms against their government. I believe that the leadership, too many leaders in the Muslim community do not face up to that reality,” King recently told CNN’s Dana Bash.

“I never want to wake up the morning after another attack and say if only I had done what I should have done as homeland security chairman, this wouldn’t have happened,” said King, who represents a district on Long Island.

Others don’t see it that way: Many have raised questions about whether King is wrong to single out a particular religious group. Comparisons to McCarthyism have being raised.

Joe Coscarelli at The Village Voice:

Rep. Keith Ellison, a Democrat from Minnesota, spoke this morning at the controversial hearings led by Long Island Republican congressman Peter King, and broke down in tears while telling the story of Mohammad Salman Hamdani, an American citizen from Pakistan, who died in the Septemper 11 attack on the World Trade Center. Ellison first warned of the dangers of “ascribing evil acts of a few individuals to an entire community,” before sobbing through the story of Hamdani, who was slandered when he went missing on 9/11, accused of being complicit in the attack. “His life should not be indentified as just a member of an ethnic group or just a member of a religion,” Ellison said, “but as an American who gave everything for his fellow Americans.”

King, meanwhile, announced today that he has had around-the-clock security since late last year, when he announced plans to hold hearings that examine recruitment for Al Qaeda and the threat of “radicalization.”

More important is Ellison’s moving plea. If this country has any sense, his impassioned testimony will be the lasting image from this detrimental sham masquerading as government action.

David Weigel:

Much of the liberal opposition to Rep. Peter King’s hearings on Muslim radicalism today has focused on King himself — his past support of the IRA, his treasure trove of heated comments about terrorism.

That came to the fore just now, after Rep. Bennie Thompson, the Homeland Security Committee’s ranking member, asked about the implications of a member of Congress saying there were “too many mosques.” Rep. Mike Rogers, R-Ala., took umbrage at that.

“I haven’t heard any member of our committee say there’s too many mosques,” he said. The implication was shameful.

King briefly took the microphone. It was him, he said: “I’d said there are too many mosques.”

Indeed, he sort of did. It’s complicated. In 2007, he said those exact words in a Politico interview, but immediately pointed out that they were taken out of context — he meant to say* that there are “too many mosques not cooperating with law enforcement.”

Rep. Peter King: There Are Too Many Mosques In The US

It was just one skirmish in the long-running war between King and CAIR et al.

Joe Klein at Swampland at Time:

I’m of two minds about the hearings on domestic terrorism that Rep. Peter King is holding today. I’ve been a staunch defender of Muslims–of their patriotic record as American citizens, of their right to build houses of worship anywhere they want, including near Ground Zero. But let’s face it: there have been a skein of attacks over the past year–starting with the Fort Hood massacre and running through the aborted Times Square bombing–that have been attempted by U.S. citizens who happen to be Muslims. This is something new and, I think, it is a phenomenon that needs to be (a) acknowledged and (b) investigated as calmly and fairly as possible.

I’m not sure that King, an excitable bloviator, is the right person to conduct the hearings–but we need to know whether there is a pattern here, whether there are specific mosques that have been incubators, and how much an influence the American-born terrorist Anwar Awlaki, who is now living somewhere in Yemen, has been. We should do this with the assumption that American muslim terrorists are about as common as American Christian anti-abortion terrorists. We should do it as sensitively as possible, with the strong assertion that Islamophobia is unacceptable in America. But we should do it.

Rick Moran:

This is such a no-brainer issue that the only possible reason to oppose King’s hearings is to score political points. There is no earthly reason that Muslims should oppose rooting out radicals in their midst – especially since law enforcement says that either out of fear or anti-Americanism, many ordinary Muslims do not cooperate with the police or FBI.

I have a feeling this hearing is going to be an eye opener. And that might be why some Muslims are so opposed to having it.

Jennifer Rubin:

The notion that we should ignore the obvious in an attempt to curry favor with “moderate” Muslims here in the U.S. and to avoid offending those overseas is badly misguided. For starters, it assumes that those audiences are infantile in their inability to distinguish, as the rest of us do, the difference between radicalized, murderous Islamic fundamentalists and those who pose no threat whatsoever. In doing so, we only serve to undermine the efforts of those non-radicalized Muslims abroad who could use some assistance, even if it is only rhetorical in pushing back against extremists.

Moreover, it glosses over a real issue in the U.S.: a number of groups who offer themselves as “moderate” and with whom the administration consults are not helping matters, as evidence by the fit thrown over the prospect of examining how their fellow Muslims turn to murder and mayhem. Let’s take CAIR, for example. This ostensibly anti-discrimination group has refused to denounce Hamas and Hezbollah as terrorist groups. As I wrote last year:

CAIR has created its own cottage industry by hassling airlines, intimidating government investigators, and generally spraying lawsuits and claims of “discrimination” at those who single out Muslims for additional scrutiny in efforts to defend ourselves in a war waged by Islamic fascists against our civilization. (CAIR figures also had their share of encounters with the law. See here and here.)

It’s not hard to figure out why public discussion of all this strikes fear in the hearts of those who would rather not see a public accounting of their actions. But even the administration has to acknowledge that failure to identify, understand and combat the role of Islamic fundamentalists’ recruitment of Americans is foolhardy in the extreme. And, so, lo and behold, we learn, “While the thrust of McDonough’s remarks seemed aimed at declaring common cause with the Muslim community, the White House official was also careful not to minimize the dangers posed by efforts to radicalize Muslims inside the United States. He also managed to announce, in advance of King’s hearings, that the administration will soon roll out a comprehensive plan aimed at combating the radicalization effort.” Well, I suppose CAIR won’t like that either.

If King’s hearings have spurred the administration to get off the stick and begin work on this issue, they are already a success. And if nothing else they have exposed just how unhelpful some Muslim American groups are in the war against Islamic jihadists.

The Death Of Shabaz Bhatti

Ray Gustini at The Atlantic:

Minority affairs minister Shabaz Bhatti was assassinated Wednesday outside his parents’ house in Islamabad. Bhatti–Pakistan’s only Christian cabinet member–is the second critic of the country’s blasphemy laws to be killed this year. Punjab Gov. Salmaan Taseer was murdered in January by Malik Mumtaz Hussain Qadri, a member of his security detail. Qadri told authorities he killed Taseer because the governor considered the country’s strict blasphemy law a “black law.”

Fasih Ahmed at The Daily Beast:

“Bhatti’s ruthless and cold-blooded murder is a grave setback for the struggle for tolerance, pluralism, and respect for human rights in Pakistan,” said Ali Dayan Hasan, country representative for Human Rights Watch. “An urgent and meaningful policy shift on the appeasement of extremists that is supported by the military, the judiciary and the political class needs to replace the political cowardice and institutional myopia that encourages such continued appeasement despite its unrelenting bloody consequences.”

News of the attack broke shortly before noon. And two hours after his death was confirmed, it was back to business for the country’s boisterous TV channels, which focused instead on the cricket World Cup, political intrigue in the Punjab, and the fate of incarcerated CIA contractor Raymond Davis. Bhatti and Taseer had both advocated reforming the country’s blasphemy laws to prevent their misuse, and both had been declared apostates by the jihadists and tens of thousands of their mainstream supporters. If the celebratory reaction to Taseer’s assassination finally put paid to the notion that Pakistan’s militants are a vocal but fringe group (the Senate refused to offer prayers for Taseer), Bhatti’s seems to confirm growing national fatigue over the blasphemy-laws controversy.

Before they sped off, the assassins dumped pamphlets at the scene of the crime. “This is a warning from the warriors of Islam to all the world’s infidels, Crusaders, Jews and their operatives within the Muslim brotherhood,” it reads, “especially the head of Pakistan’s infidel system, [President Asif Ali] Zardari, his ministers, and all the institutions of this evil system.” This document from the Punjabi Taliban continues: “In your fight against Allah, you have become so bold that you act in favor of and support those who insult the Prophet. And you put a cursed Christian infidel Shahbaz Bhatti in charge of [the blasphemy laws review] committee. This is the fate of that cursed man. And now, with the grace of Allah, the warriors of Islam will pick you out one by one and send you to hell, God willing.”

Gus Lubin at Business Insider:

Al Jazeera has posted a chilling interview from Pakistani Christian Shahbaz Bhatti from before he was assassinated by the Taliban (via @allahpundit).

Bhatti, the federal minister for minorities, had received death threats for supposedly deriding Islam. He said in this interview, “I am ready to die for a cause. I am living for my community and suffering people, and I will die to defend their rights.”

Aryn Baker at Time:

Pakistan’s blasphemy laws are a colonial holdover put in place by British administrators seeking to calm the subcontinent’s fractious religious groups. They were sharpened under the reign of dictator Zia ul Haq, who added a clause calling for death to anyone found guilty of slandering the Prophet Mohammad. Since then some 1000 blasphemy cases have been registered. Though roughly half have been applied to religious minorities the others have been registered against muslims, in what is widely assumed to be the pursuit of personal vendettas. In one recent example a schoolboy from Karachi is being held in jail for allegedly writing insults against the on a school exam paper (because repeating what the boy wrote would in itself be considered blasphemy, the accusation  is enough to keep him in detention. Though considering what happened to Taseer, it could also be construed as keeping him safe). In another example, a religious leader and his son have been accused of committing blasphemy because they tore down a poster promoting an upcoming religious conference.

Yet any attempts to amend these laws to stem such abuse has been met with intense outrage by both religious leaders and Pakistani citizens, who hold that the law is divine, and cannot be changed. The blasphemy cases have become a boon for Pakistan’s religious parties, who have seldom done well at the polls. But with the country’s current government on the brink of collapse, religious group may be gambling that the issue of blasphemy could leverage them into power if new elections are called. Their gamble may well pay off. Qadri, Taseer’s assassin, was feted as a hero in Pakistan. In his confession, he said he had been inspired by the teachings of his local mullah Hanif Qureshi, who condemned anyone standing against the blasphemy law, saying they were worthy of death. At a rally a few days later, Qureshi claimed credit for motivating Qadri. “He would come to my Friday prayers and listen to my sermons.” Then he repeated his point: “The punishment for a blasphemer is death.”

Joe Carter at First Things:

Bhatti is the second Pakistani official in the past two months to be killed after publicly opposing the draconian blasphemy laws. How many others in that country will be willing to take his place and speak up for religious freedom?

Joe Klein at Swampland at Time:

Once again, Pakistan is the most dangerous country of the world. It has 100 nuclear weapons and it seems to be slipping into anarchy. No one is sure how much of its military favors the Islamist path. Several Pakistani friends of mine, people closely associated with the government, are despairing. I truly hope that the U.S. has contingency plans for taking control of Pakistan’s nukes if the Islamist coup that everyone fears come to pass (if we don’t, I expect that India won’t be shy about taking military action).

Is It Good News? Is It Really, After All This Time, Good News?

Chart via Calculated Risk

Calculated Risk:

From the BLS:

Nonfarm payroll employment increased by 192,000 in February, and the unemployment rate was little changed at 8.9 percent, the U.S. Bureau of Labor Statistics reported today.
…
The change in total nonfarm payroll employment for December was revised from +121,000 to +152,000, and the change for January was revised from +36,000 to +63,000.

The following graph shows the employment population ratio, the participation rate, and the unemployment rate.

Daniel Indiviglio at The Atlantic:

It should be noted that today’s report revised upwards the number of jobs for both December and January to 152,000 from 121,000 and to 63,000 from 36,000, respectively. Obviously, it’s good news that there were actually 58,000 more jobs created during these two months combined than we thought.

Those 192,000 net new jobs in February according to BLS’s Establishment survey aren’t far off the 250,000 estimated by its Household survey. There was a major discrepancy last month: these surveys estimated 36,000 and 589,000 jobs created, respectively. It’s nice to see these two surveys’ statistics a little closer together in February, as it provides better credibility to the numbers we’re seeing.

Private sector jobs did much better than government jobs in February. Firms added 222,000, while state and local jobs declined by 30,000. Federal jobs were unchanged.

Felix Salmon:

The general reaction to this morning’s jobs report is “meh”, as you might expect, given the release, where the phrases “changed little”, “about unchanged”, “little or no change”, “unchanged”, and “essentially unchanged” all appear in the first five paragraphs. But that’s largely a function of the fact that the release attacks the unemployment figures first; when it comes to payrolls, they rose by a statistically significant amount — 192,000 jobs, and the trend, while modest, is clearly in the right direction:

Since a recent low in February 2010, total payroll employment has grown by 1.3 million, or an average of 106,000 per month.

The really good news in this report is that it’s looking increasingly as though the sharp drop in the unemployment rate over December and January, when it fell from 9.8% to 9.0% in two months, is less of an aberration than it might seem. The 8.9% rate, while undeniably unacceptably high, is the first time we’ve seen an 8 handle on this figure in almost two years. And remember that in October 2009, the number was 10.1%.

Given that unemployment by its nature falls more slowly than it rises, a decrease of 1.2 percentage points in 16 months has to be taken as an indication that something is, finally, going right. (Other unemployment rates, like the much-discussed U6, are also down sharply: it’s now 15.9%, from 17.0% in November.)

Even the worst news of the report, in table A-12, is something of a statistical aberration: while the mean duration of unemployment hit an atrocious new high of 37.1 weeks, that’s mainly because the upper bound for for unemployment duration was changed this year to 5 years from 2 years. The median duration fell, to 21.2 weeks. There’s still an American underclass of about 2.5 million long-term unemployed, but it does seem to be shrinking a little.

Tom Diemer at Politics Daily:

The news wasn’t good enough for the Republican National Committee. RNC Chairman Reince Priebus said even with the better jobs numbers, “we have yet to see the leadership we need coming out of the White House to restore sustainable economic growth. . . . Frankly, if the answer doesn’t involve more spending, this administration is simply out of solutions.”

But Senate Majority Leader Harry Reid (D-Nev.) saw a better day ahead and warned that cutting the federal budget too deeply this year could cost jobs in a fragile economy. “Republicans should work with us to quickly pass a long-term budget that reduces the deficit while protecting jobs, and [giving] business certainty,” he said. Similarly, AFL-CIO President Richard Trumka said the improving economy “remains threatened by irresponsible budget cutting in Congress and in states and cities.”

Ezra Klein:

The most important thing for not only the economy, but also the long-term deficit, is that we get unemployment down, and fast. When businesses begin hiring again, that’ll mean more revenue rushing into state and federal coffers, it’ll mean gains in the stock market, it’ll mean lower social spending through programs like Medicaid and unemployment insurance. Sharp spending cuts may save us some money, but that doesn’t mean they’re a good deal, at least right now. What we need at the moment is more jobs reports like this one — businesses need to be convinced that this is a recovery, not merely a good month. Anything that might get in the way should wait until we’ve had a few of them in a row.

Doug Mataconis:

There are caveats, of course. There are still millions of people sitting outside the labor force after the recession, and returning them to full employment is going to be a difficult, if not impossible, task to achieve The rising price of oil, brought on by the myriad crises in the Middle East, could put a damper on any economic recovery we’re experiencing right now. And, of course, this could all be a one month anomaly. Nonetheless, this is good news and let’s hope it continues.

Solution: Muammar Qaddafi Joins The Cast Of “Two And A Half Men”

The Guardian liveblog

Scott Lucas at Enduring America

John Hudson at The Atlantic:

After reviewing Col. Muammar Qaddafi’s interview with ABC’s Christiane Amanpour, UN ambassador Susan Rice had one word to describe the Libyan dictator: “delusional.” The sit-down chat between Qaddafi, Amanpour and two British journalists revealed a leader stridently disconnected with the world around him. “They love me. All my people with me, they love me,” he said, as Libyan rebels clashed violently with military for the 11th day. The best moments of the interview come when Amanpour and the BBC’s Jeremy Bowen try to pin him down on basic facts: it gets pretty surreal.

Richard Adams at The Guardian with a quiz: Sheen or Qaddafi?

Rebecca N. White at The National Interest:

In Geneva today at a meeting of the UN Human Rights Council, Secretary of State Hillary Clinton called for Libyan leader Muammar Qaddafi to be “held accountable” for his violent suppression of protestors. Qaddafi’s acts, Clinton said, “violate international legal obligations and common decency.” Before departing yesterday, the secretary of state made it clear that Washington is also prepared to give those trying to overthrow the regime “any kind of assistance,” as the U.S. administration wants the bloodshed to end and Qaddafi to get out “as soon as possible.”

Today, the EU decided to impose sanctions on the Libyan regime, including an arms embargo and a targeted asset ban and visa freeze (aimed at Qaddafi’s closest family and associates). U.S. senators John McCain and Joe Lieberman are meanwhile traveling in the regionand calling for a no-fly zone over Libya. Both said that it wasn’t quite time to use ground forces.

Benjy Sarlin at Talking Points Memo:

Some Senate Republicans, less than enthused by saber-rattling from Joe Lieberman (I-CT) and John McCain (R-AZ) on Libya, warned on Monday that sending military aid to anti-Qadaffi rebels could draw the US into all-out war.

“Dependent upon the method of delivery and what we decide to do we could decide to have a war in Libya to join the war in Afghanistan and Iraq,” Sen. Dick Lugar (R-IN) told reporters, saying he opposed arming the Libyan resistance or imposing a no-fly zone. “You know, people need to be very thoughtful about entering wars without a declaration and without much more congressional scrutiny of what’s involved.”

Lindsey Graham (R-SC) told reporters that a no-fly zone as part of a multinational effort could be effective, but warned that talk of arms shipments was very premature.

“I’m not sure who’s who yet,” he said of the nascent movement to overthrow Muammar Qadaffi. “Anything we can do to expedite his departure and get him off the world stage would be good, but you have to think these things through. One thing I’ve learned from Iraq and Afghanistan, you have to think these things through.”

David Kenner at Foreign Policy:

Fighter jets and ground troops loyal to Libyan leader Col. Muammar al-Qaddafi attacked cities held by the rebel forces on Monday, but leaders of the anti-Qaddafi movement dismissed the attacks as ineffective.

The two Libyan MIG-23s took off from near Qaddafi’s stronghold of Sirte and bombed a number of sites, including a weapons depot and a water pipeline. Troops loyal to Qaddafi were also reportedly shelling the city of Misurata, which is controlled by anti-Qaddafi forces. And in the city of Zawiya, residents said that they rebuffed an attack from pro-Qaddafi militiamen, killing approximately 10 soldiers and capturing around 12 more.

However, there are few signs that the rebels are preparing a force that could threaten Qaddafi’s hold on Tripoli. The security services have brutally suppressed expressions of dissent within the Libyan capital, firing into crowds of demonstrators from the back of pick-up trucks or even ambulances.

The United States, meanwhile, escalated its political and military pressure on the Qaddafi regime by freezing $30 billion of its assets and moving U.S. Navy warships closer to the Libyan coast. Secretary of State Hillary Clinton also told reporters that “no option is off the table” in terms of a U.S. response to the crisis, including the implementation of a no-fly zone.

Spencer Ackerman at Danger Room at Wired:

After two weeks of revolution and the deaths of thousands of Libyans, the Obama administration is starting to contemplate military action against the brutal Libyan regime of Moammar Gadhafi.

The United Nations Security Council has already sanctioned Gadhafi and referred him to the International Criminal Court following his violent suppression of Libya’s revolutionary movement, creating the contours of a hardening international position against Gadhafi. And now most U.S. nationals in Libya have now fled, removing what the Obama administration has considered an impediment to action.

So here comes the Navy. The Enterprise carrier strike group, last seen hunting pirates, is in the Red Sea — and may sail through Suez to the Mediterranean — and the New York Times reports that an “amphibious landing vessel, with Marines and helicopters” are there as well. The Financial Times adds that the British are considering the use of the air base at Akrotiri in Cyprus as a staging ground to enforce a no-fly zone. Any envisioned military action is likely to be a multilateral affair, either blessed by the U.N. or NATO.

That seems to be the harshest policy yet envisioned — one explicitly discussed today by Secretary of State Hillary Rodham Clinton. (No one’s discussing a ground invasion.) For the time being, the Navy is simply moving assets into place in case President Obama decides to take more punitive measures against Gadhafi. Marine Col. Dave Lapan, a Pentagon spokesman, told reporters today, “We are re-positioning forces in the region to provide options and flexibility.”

Jennifer Rubin:

The New York Times reports:

The United States began moving warships toward Libya and froze $30 billion in the country’s assets on Monday as the administration declared all options on the table in its diplomatic, economic and military campaign to drive Col. Muammar el-Qaddafi from power.

Secretary of State Hillary Rodham Clinton said the administration was conferring with allies about imposing a no-fly zone over Libya. Such a move would likely be carried out only under a mandate from the United Nations or NATO, but Mrs. Clinton’s blunt confirmation that it was under consideration was clearly intended to ratchet up the pressure on Colonel Qaddafi and his dwindling band of loyalists.

But then some eager anonymous staffers couldn’t resist assuring the Times that this was mostly a bluff (“officials in Washington and elsewhere said that direct military action remained unlikely, and that the moves were designed as much as anything as a warning to Colonel Qaddafi and a show of support to the protesters seeking to overthrow his government”). Thanks, guys.

I asked some Middle East and military gurus what the Obama administration might be up to.

Jonathan Schanzer of the Foundation for Defense of Democracies told me via e-mail last night:

We’ve seen marked changes in the administration’s approach to Libya since U.S. citizens left Libya three days ago. From timidity, to direct calls for Qaddaffi’s departure, to announcing that we would provide direct support to anti-government forces, and now the arrival of warships. This is a rapid escalation. I have serious doubts that this White House would deploy troops on Libyan soil. However, I do see this as a means to enforce a no-fly zone. It could also be a means to ensure the safe passage of humanitarian aid to areas that NGOs report have been near-impossible to reach. This is also a bit of psychological warfare, of course. The mere threat of US firepower will not be lost on Qaddaffi, who remembers the U.S. bombing raid on Libya, ordered by President Ronald Reagan in 1986, that killed his adopted daughter.

“Psychological warfare” might work better if Obama officials would keep their traps shut.

dd

It Is 1995 Again And We Are Wearing Doc Martens, Listening To Everclear

John Hudson at The Atlantic:

Congress has until March 4 to figure out how to fund the U.S. government. And as of right now, House Republicans and Senate Democrats are more than $60 billion away from a consensus. It’s a high stakes game, given that last time the federal government shut down, all sorts of important functions were halted (passport/visa processing, toxic waste cleanup, museums, monuments and 368 national park sites all closed, etc). So who stands to benefit from all this brinkmanship?

Jay Newton-Small at Swampland at Time:

House Speaker John Boehner and Senate Minority Leader Mitch McConnell have been working behind the scenes to draft a two-week stopgap measure to avert a government shutdown that would include $4 billion in immediate cuts, according to House and Senate GOP aides.

The House would move first – the Rules Committee could meet as early as Monday. Boehner is hoping to pass the bill by Wednesday. Boehner and Senate Majority Leader Harry Reid have been in discussions but if a deal is not reached ahead of time Senate Republicans would offer Boehner’s proposal as a substitute to Reid’s bill. The cuts will include reductions that President Obama has suggested and other non-controversial items in the hopes of luring support from moderate Senate Democrats who are facing tough reelections. No details were immediately available on what cuts Boehner and McConnell are looking at. “Senator Reid’s position that they will force a government shutdown rather than cut one penny in spending is indefensible – and it will be very hard for them to oppose a reasonable short-term funding measure that will cut spending,” says a House GOP aide. If nothing is done by March 4 the government will shutdown.

Reid’s office said Wednesday he still plans to move forward with a 30-day spending freeze at current levels. The House on Saturday passed a bill funding the government through the end of the fiscal year. But that bill slashes funding by $100 billion — cuts that are not likely to survive the Democratically-controlled Senate. The Senate has proposed cutting $41 billion from Obama’s 2011 request, but that translates into funding the government at roughly the same level it’s at right now. “While Republicans are making a genuine effort to cut spending and debt, Washington Democrats can’t seem to find a single dime of federal spending to cut, insisting on the status quo, even for a short-term spending bill,” McConnell said Wednesday in a statement to TIME. “But keeping bloated spending levels in place is simply unacceptable. So it is our hope that Democrats will join us in a bill that actually reduces Washington spending.” Both sides agree that more time is needed to negotiate a compromise and Boehner has said he will not allow even a temporary extension without some cuts.

The competing bills amount to a game of chicken between the Republican-controlled House and the Democrat-controlled Senate. Both sides claim they are trying to avoid a shutdown, but if one happens both are laying the ground work to blame the other. While both Parties say they want cuts, Republicans want immediate results while Democrats have been taking more of a “scapel” rather than a “meat axe” approach, as Reid put it yesterday on a call with reporters.

Annie Lowrey at Slate:

So what actually happens if Congress fails to pass a continuing resolution and the coffers dry up? Certain necessary activities would continue—anything related to defense, inpatient or emergency medical care, air traffic control, securing prisoners, or disaster assistance, for instance. But legally, federal agencies would have to wind down nonessential business. That means hundreds of thousands of employees would go on furloughs, from Treasury to Health and Human Services to the Department of Education, to be paid whenever a continuing resolution passed. Thousands more contractors would just lose their gigs. Parks would shut down. Offices would clear out. Phones would go unanswered.

Nobody knows exactly how it would shake out, not just yet. The president has broad discretion to decide what counts as necessary and what does not, says Stan Collender, a longtime budget expert and a partner at Qorvis, a D.C. communications firm. Right now, the White House Office of Management and Budget says it is helping agencies review their protocols in the event that March 4 comes and goes without a continuing resolution on Obama’s desk. (The OMB has required federal agencies to keep an updated contingency plan on file since 1980.) Officials are looking at who will go and who will stay, and how they will tell whom to go where, just in case.

But everyone dreads the prospect. The last time the government shut down was during the Clinton administration. For five days in November 1995 and 21 days between December 1995 and January 1996, the lights went off. In the first shutdown, 800,000 workers stopped heading into the office. In the second, about 284,000 stayed at home, with an additional 475,000 working on “non-pay status.” These were not just pencil-pushers either. The Centers for Disease Control and Prevention gave up on monitoring the outbreak of diseases. Workers at 609 Superfund toxic-waste sites stopped cleaning up.

Ezra Klein:

This isn’t just about the spending bill. The stakes are higher even than that. At this point, no one side really knows how the power dynamic between the House and the Senate will shake out. House Republicans feel their preferences should take priority because they won the last election. Sharp cuts to non-defense discretionary spending are nothing more than their due. Senate Democrats counter that they still control not just the Senate, but also the White House — the House Republicans are a minority partner in this play, and don’t get to decide what the government does or doesn’t do merely because they control one of the three major legislative checkpoints. An uncompromising force is meeting an unimpressed object. But this won’t get settled in an arm wrestling bout, and it’s looking less and less likely that it’ll get settled in negotiations, either. Unfortunately, it seems increasingly possible that this will ultimately get decided when both sides put their theory to the test and take their case to the people during a government shutdown.

The Economist

David Corn at Politics Daily:

What would be the reasonable course of action in a situation like this? The answer is obvious: pass a short extension of the current continuing resolution — say, for a few weeks — to cover the time needed to hammer out a compromise between the House GOPers and Senate Democrats. And House Minority Leader Nancy Pelosi has done just that, proposing a stopgap bill that would fund the government at current levels until the end of March. Boehner, though, has declared he won’t accept a temporary measure unless it includes spending cuts. So if he sticks to that extreme position and he and Senate Majority Leader Harry Reid don’t reach a compromise by March 4, much of the federal government will shut down.

In such a scenario, it would seem that Boehner would deserve most of the culpability. Just like Gingrich. But would Boehner pay the same price?

The political dynamics are different this time. And Boehner is playing to two audiences that each is looking for a different show. Much of the tea party crowd — in and out of Congress — would cheer a government shutdown. These folks see the federal government as the enemy. They’d be delighted to strangle it, even if only for a few days. Yet independent voters, whom both parties need to court, would probably not be as happy. These people usually want their representatives in Washington to make the system work. They aren’t looking for showdowns or games of chicken. By forcing a shutdown, Boehner can appease his right — but at the cost of potentially alienating the middle.

Of course, if a shutdown comes, Boehner will try to blame it on Democrats and President Obama, claiming that their unwillingness to accept spending cuts created the problem. He’ll bash them for not listening to the people, and he’ll depict himself as a champion of principle. If it comes to this, it will be the climax of the GOP’s just-say-no strategy of the past two years.

Capitol Hill Democrats say Boehner is riding the Overreach Express and risks coming across more as a tea party bomb-thrower than as a responsible legislator. At least, that’s their hope. It will certainly take some deft maneuvering for Boehner to cause a shutdown, accuse the Democrats, and be hailed as a spending-cut hero of the republic. But it’s hard to know where the American public is these days. It generally detests overall government spending, but opposes many of the individual cuts the Republicans have passed. And though the American electorate sent a band of conservative ideologues to Washington this past November, many Americans fancy the notion of bipartisan cooperation. It’s no sure bet that the public will embrace a politician who throws this switch.

Boehner might be the player who has the most to lose. Obama and the Senate Democrats are already viewed as politicians who consider government a positive force that can be used to resolve the nation’s problems. If they draw a line against severe GOP cuts and ask for more time to forge a compromise, that’s hardly a news story. But Boehner, who is still a new figure on the scene, has benefited by not being regarded as an ideologue. If he refuses to back a measure that keeps the government functioning while the politicians look for a bipartisan deal, he could end up becoming identified as an I-know-best, anti-government extremist. That will, no doubt, be a badge of honor in certain circles. But it may not go over well beyond those quarters.

Boehner has a choice: reasonableness or ideology. In 1996, Gingrich chose the latter and crashed. At that time, Boehner was in his third term as a House member. The next two weeks will show what lessons he learned — if any.

Major Garrett at The Atlantic:

House GOP leaders held a conference call with freshmen GOP members on Wednesday to lay out the strategy. More than half of the 87-member class participated in a call with House Speaker John Boehner, R-Ohio; Majority Leader Eric Cantor, R-Va.; Majority Whip Kevin McCarthy, R-Calif.; and House Republican Conference Chairman Jeb Hensarling, R-Texas. The call gave more detail to an outline of the strategy GOP leaders gave the freshmen class before it left Washington for this week’s recess.

The GOP aides said the thrust of the trimmed-down CR is to avoid a government shutdown and make the GOP spending cuts as hard as possible for Senate Majority Leader Harry Reid, D-Nev., and the White House to ignore or criticize. “What we will end up saying is we have passed two bills to prevent a shutdown and then we will ask the Senate: ‘How many bills have you passed to prevent a shutdown?’ ” an aide said.

Senate Democrats dismissed the idea that the House proposal represented any kind of concession.

“The Republicans’ so-called compromise is nothing more than the same extreme package the House already handed the Senate, just with a different bow,” said Jon Summers, Reid’s communications director. “This isn’t a compromise; it’s a hardening of their original position. This bill would simply be a two-week version of the reckless measure the House passed last weekend. It would impose the same spending levels in the short term as their initial proposal does in the long term, and it isn’t going to fool anyone. Both proposals are non-starters in the Senate.”

The GOP freshmen, according to senior House GOP aides, backed the approach, even though it amounts to a retreat from the $61 billion in cuts from enacted fiscal 2010 spending levels (and $100 billion from Obama’s fiscal 2011 budget proposal that the previous Congress ignored). The House approved the $100 billion in cuts after the freshmen rejected the GOP-leadership-backed plan to cut $32 billion from fiscal 2010 spending levels.

According to several GOP sources, the freshmen and many senior conservatives are girding for an eventual retreat from the bigger CR because they know GOP leaders are fearful of the political consequences of a government shutdown and want to wage the spending-cut battle over many cycles–instead of betting all their chips on this first showdown with Reid and Obama.

Boehner and Cantor have pleaded with the freshmen to take the long view of the budget war and not risk a political backlash over the CR dispute. GOP leaders have instead argued to win as many spending cuts as they can during the CR debate and follow up with more when Congress must raise the $14.3 trillion debt ceiling later this spring and find still more when the fiscal 2012 appropriations bills are written.

This approach reflects Boehner’s deep-seated belief that the 1995 Gingrich-led Congress risked everything in its shutdown confrontation with President Bill Clinton, and in the aftermath Republicans not only lacked the stomach to fight for more spending cuts, they veered in the opposite direction and targeted federal spending to vulnerable districts to protect the GOP majority.

“We have a totally different mindset and approach than 1995,” said a senior House GOP source. “We don’t want to shut the government down. But we do want to cut spending. And we will. And the CR will do that one way or the other.”

“My Job In Psy-ops Is To Play With People’s Heads, To Get The Enemy To Behave The Way We Want Them To Behave.”

Michael Hastings at Rolling Stone:

The U.S. Army illegally ordered a team of soldiers specializing in “psychological operations” to manipulate visiting American senators into providing more troops and funding for the war, Rolling Stone has learned – and when an officer tried to stop the operation, he was railroaded by military investigators.

The orders came from the command of Lt. Gen. William Caldwell, a three-star general in charge of training Afghan troops – the linchpin of U.S. strategy in the war. Over a four-month period last year, a military cell devoted to what is known as “information operations” at Camp Eggers in Kabul was repeatedly pressured to target visiting senators and other VIPs who met with Caldwell. When the unit resisted the order, arguing that it violated U.S. laws prohibiting the use of propaganda against American citizens, it was subjected to a campaign of retaliation.

“My job in psy-ops is to play with people’s heads, to get the enemy to behave the way we want them to behave,” says Lt. Colonel Michael Holmes, the leader of the IO unit, who received an official reprimand after bucking orders. “I’m prohibited from doing that to our own people. When you ask me to try to use these skills on senators and congressman, you’re crossing a line.”

The list of targeted visitors was long, according to interviews with members of the IO team and internal documents obtained by Rolling Stone. Those singled out in the campaign included senators John McCain, Joe Lieberman, Jack Reed, Al Franken and Carl Levin; Rep. Steve Israel of the House Appropriations Committee; Adm. Mike Mullen of the Joint Chiefs of Staff; the Czech ambassador to Afghanistan; the German interior minister, and a host of influential think-tank analysts.

Garance Franke-Ruta at The Atlantic

Mark Joyella at Mediaite:

In a story breaking overnight that’s sure to explode on cable news through the day, a report in Rolling Stone suggests the U.S. Army deployed a a specialized “psychological operations” team to target Senators in the hopes of boosting funding for the war in Afghanistan. The effort also aimed to increase troop levels, according to the magazine.The magazine reports the operation was ordered by three-star general Lt. Gen. William Caldwell, who’s in charge of training forces for duty in Afghanistan. An officer who objected to the program tells Rolling Stone he was “harshly reprimanded” for resisting:

“My job in psyops is to play with people’s heads, to get the enemy to behave the way we want them to behave,” the officer, Lt. Colonel Michael Holmes, told Rolling Stone.

“I’m prohibited from doing that to our own people. When you ask me to try to use these skills on senators and congressman, you’re crossing a line,” he added.

Among those targeted were senators John McCain, Joe Lieberman, Jack Reed, Al Franken and Carl Levin, as well as Representative Steve Israel of the House Appropriations Committee, the magazine said.

Elspeth Reeve at The Atlantic:

Of course, there were no actual mind-control chips involved: the things Holmes and his team were ordered to do actually seem quite dull: researching senators’ voting records, finding their “hot-button issues,” silently sitting in on meetings, and tailoring presentations to the lawmakers’ interests. In other words, the stuff public affairs officers do all day. So what’s the difference between psy-ops and PR?

First of all, it’s illegal to use propaganda on Americans, thanks to a law passed in 1948 that was meant to prevent Soviet-style manipulation of citizens. Second, using soldiers trained in propaganda on elected representatives would seem to undermine the principle of civilian control of the military. Think about it: Is it ok to use company resources to investigate your boss? Third, according to documents provided by Holmes, his superiors reordered priorities so that working congressmen took “priority over all other duties”–presumably including trying to make the Taliban and Afghan civilians like us.

And Caldwell wanted more than the typical PR stuff: He wanted Holmes’ team to give him “deeper analysis of pressure points we could use to leverage the delegation for more funds.” Again, the general wanted to know what to “plant inside their heads.” As the military lawyer told Holmes, “[Public affairs] works on the hearts and minds of our own citizens and [information operations] works on the hearts and minds of the citizens of other nations. While the twain do occasionally intersect, such intersections, like violent contact during a soccer game, should be unintentional.”

Kelley Vlahos at The American Conservative:

To someone who has been writing about the military’s Massive Message Machine for a few years now, or as the military more politely puts it, Strategic Communications, a whopping $4.9 billion of our taxpayer money for winning hearts and minds here and abroad in 2009 alone, Michael Hastings’ latest piece, “Another Runaway General: Army Deploys Psy-Ops on U.S. Senators,” is no real surprise.

It could be almost funny, imagining our senators, delivered up to the Men in Fatigues upon landing in their CH-47 Chinook helicopters, like the hapless victims in The Cabinet of Dr. Caligari (1920) or the hilariously MST3k-lampooned Devil Doll (1964). I prefer The Stepford Wives analogy when writing about the lawmakers and think tankers who get all goofy-eyed after spending five minutes “in the field” on the generals’ turf. They come back home spouting things like, “timelines are dangerous,” “long hard slog,” and “political will to continue,” and start green lighting budgets and blocking measures to hasten the end of the war.

It might be funny if it weren’t so true. Hastings, the Rolling Stone writer who brought Gen. Stanley McChrystal down, writes that Gen. William Caldwell, who is in charge of training Afghan troops, demanded in 2009 that U.S military psy-ops be turned on visiting Senators and other “distinguished visitors” during routine CODELs (congressional delegations) to the warzone. Seems that the truth wasn’t good enough to convince the military’s paymasters that they deserved more money and time to fight it. Sadly, Democratic Sens. Carl Levin and Al Franken were among the “targets” for this mission, which, as the Army whistleblower who helped Hastings break the story concluded, clearly violated the law against propagandizing our own citizens. Consequently,  as I wrote about last year, both Levin and Franken fell down on the job when it came to resisting the push for the Afghan surge. In fact, it was immediately after one of these CODELs that the two senators softened their tone against the war policy.

Dave Schuler:

I don’t have a problem with military officers zealously advocating courses of action—that’s part of their job. That doesn’t extend to violations of Smith-Mundt, the U. S. law that defines the terms under which the U. S. government may engage in propaganda. If the allegations are true, it would certainly seem to me there may be a case here.

There appear to be quite a number of open questions. Does Smith-Mundt pertain to the military? Does it pertain to actions taken overseas? I believe there should be an investigation into this matter and, if it is found that the actions alleged in the article violate Smith-Mundt or other federal laws, the perpetrators should be prosecuted to the full extent of the law.

However, I find the story concerning for other reasons as well. I’ll defer to James on this but to my untutored eye the conduct that’s alleged in the article would seem to be an assault on civilian control of the military. Let me ask a question. Would it be appropriate for military officers to use the resources of an information operations unit against their higher-ups in the chain of command? That sounds like insubordination to me.

Kids Today Just Don’t Blog Like We Used To

Verne Kopytoff at NYT:

Like any aspiring filmmaker, Michael McDonald, a high school senior, used a blog to show off his videos. But discouraged by how few people bothered to visit, he instead started posting his clips on Facebook, where his friends were sure to see and comment on his editing skills.

“I don’t use my blog anymore,” said Mr. McDonald, who lives in San Francisco. “All the people I’m trying to reach are on Facebook.”

Blogs were once the outlet of choice for people who wanted to express themselves online. But with the rise of sites like Facebook and Twitter, they are losing their allure for many people — particularly the younger generation.

The Internet and American Life Project at the Pew Research Center found that from 2006 to 2009, blogging among children ages 12 to 17 fell by half; now 14 percent of children those ages who use the Internet have blogs. Among 18-to-33-year-olds, the project said in a report last year, blogging dropped two percentage points in 2010 from two years earlier.

Former bloggers said they were too busy to write lengthy posts and were uninspired by a lack of readers. Others said they had no interest in creating a blog because social networking did a good enough job keeping them in touch with friends and family.

Blogging started its rapid ascension about 10 years ago as services like Blogger and LiveJournal became popular. So many people began blogging — to share dieting stories, rant about politics and celebrate their love of cats — that Merriam-Webster declared “blog” the word of the year in 2004.

Defining a blog is difficult, but most people think it is a Web site on which people publish periodic entries in reverse chronological order and allow readers to leave comments.

Yet for many Internet users, blogging is defined more by a personal and opinionated writing style. A number of news and commentary sites started as blogs before growing into mini-media empires, like The Huffington Post or Silicon Alley Insider, that are virtually indistinguishable from more traditional news sources.

Blogs went largely unchallenged until Facebook reshaped consumer behavior with its all-purpose hub for posting everything social. Twitter, which allows messages of no longer than 140 characters, also contributed to the upheaval.

No longer did Internet users need a blog to connect with the world. They could instead post quick updates to complain about the weather, link to articles that infuriated them, comment on news events, share photos or promote some cause — all the things a blog was intended to do.

Caitlin Dickson at The Atlantic with a round-up

Chris Crum at WebProNews:

Here we go again with another one of those silly social media vs. blogs debates. The New York Times stirred the pot this time with an article called, “Blogs Wane as the Young Drift to Sites Like Twitter.”

“Blogs were once the outlet of choice for people who wanted to express themselves online. But with the rise of sites like Facebook and Twitter,” writes Verne G. Kopytoff. “They are losing their allure for many people — particularly the younger generation.”

This idea that blogs are dying has been around practically as long as either Facebook or Twitter, and it almost always gets dismissed as a ridiculous notion.

WordPress founding developer Matt Mullenweg took some issue with the piece: “The title was probably written by an editor, not the author, because as soon as the article gets past the two token teenagers who tumble and Facebook instead of blogging, the stats show all the major blogging services growing — even Blogger whose global ‘unique visitors rose 9 percent, to 323 million,’ meaning it grew about 6 Foursquares last year alone. (In the same timeframe WordPress.com grew about 80 million uniques according to Quantcast.)”

In fact, in 2010, WordPress had over 6 million new blogs created in 2010, and pageviews were up by 53%.

John Del Signore at Gothamist:

A more accurate headline might be “Google’s Company ‘Blogger’ Sees Domestic Page Views Decline 2%.” Catchy, right? To be fair, the Times does acknowledge “the possibility that the decline in blogging by the younger generation is merely a semantic issue.” That’s because Tumblr is proving increasingly popular, and some kids think Tumblr isn’t blogging. “It’s different from blogging because it’s easier to use,” explains one San Francisco teen. “With blogging you have to write, and this is just images. Some people write some phrases or some quotes, but that’s it.”

The Times also concedes that “defining a blog is difficult, but most people think it is a Web site on which people publish periodic entries in reverse chronological order and allow readers to leave comments.” The study in question found that from 2006 to 2009, blogging among children ages 12 to 17 fell by half. But before you run out and set up a charitable trust to educate children on the vital importance of daily blogging, note the study’s conclusion:

While the act formally known as blogging seems to have peaked, Internet users are doing blog-like things in other online spaces as they post updates about their lives, musings about the world, jokes, and links on social networking sites and micro-blogging sites such as Twitter.

PHEW. So kids are still lustily committing “the act formally known as blogging”—they just don’t like using that old-fashioned word blog (Est. 2004), and prefer expressing their incisive opinions on the latest Family Guy episode in 140 characters or less. We can live with that.

Scott Rosenberg:

So the actual story — which, to be fair, the Times’ article mostly hews to (it’s the headline and lead that skew it more sensationally) — is that blogging keeps growing, but it’s losing popularity among teens.

Social networking is changing blogging. (My postscript to the paperback edition of Say Everything addresses those changes at length.) More of us are using Facebook and Twitter for casual sharing and personal updates. That has helped clarify the place of blogging as the medium for personal writing of a more substantial nature. Keeping a blog is more work than posting to Facebook and Twitter. So I wouldn’t be surprised if, long-term, the percentage of the population blogging plateaus or even declines.

Maybe we’ll end up with roughly ten percent of the online population (Pew’s consistent finding) keeping a blog. As the online population becomes closer to universal, that is an extraordinary thing: One in ten people writing in public. Our civilization has never seen anything like it.

So you can keep your “waning” headlines, and I’ll keep my amazement and enthusiasm.

BONUS LINKS: WordPress founder Matt Mullenweg addresses the story:

At some point you’ll have more to say than fits in 140 characters, is too important to put in Facebook’s generic chrome, or you’ve matured to the point you want more flexibility and control around your words and ideas.

And Anthony DeRosa points out that Twitter isn’t very popular among the teen set either.

Dan Riehl:

I spend time on Twitter I might otherwise have spent blogging. But the net result may actually be good for blogging. One does fewer throw away posts meant to only say something quick, better said via Twitter. What this is really about is alternative media taking on the old, or mainstream media. According to the Times, 14% of children ages 12 – 17 are blogging. That may have halved from when blogging was all the rage in media, but it’s still a healthy percentage.

Among 18-33 year-olds, the percentage dropped by 2 points in 2010. Good. It’s a little crowded out here, as it stands. I’ve no reason to doubt that New Media, in its various forms, continues to grow in size and influence.

Atrios:

I’m sure the emphasis of the internet will keep evolving, but what apparently won’t evolve is the mainstream press’s view of “the internet” as somehow being about young people. For years and years after the rise of political blogging, the press kept writing about it as if it was something that young people were into. As I wrote many times, I certainly wished I could take credit for getting a bunch of college kids interested in politics, but the fact is that people who read this site have always been pretty old. Basically the mainstream media types just wanted to infantalize bloggers as part of their mission of painting us as Very Unserious People.

DOMA Dies A Lawyered Death

 

US Department of Justice:

The Attorney General made the following statement today about the Department’s course of action in two lawsuits, Pedersen v. OPM and Windsor v. United States, challenging Section 3 of the Defense of Marriage Act (DOMA), which defines marriage for federal purposes as only between a man and a woman:

In the two years since this Administration took office, the Department of Justice has defended Section 3 of the Defense of Marriage Act on several occasions in federal court.   Each of those cases evaluating Section 3 was considered in jurisdictions in which binding circuit court precedents hold that laws singling out people based on sexual orientation, as DOMA does, are constitutional if there is a rational basis for their enactment.   While the President opposes DOMA and believes it should be repealed, the Department has defended it in court because we were able to advance reasonable arguments under that rational basis standard.

Section 3 of DOMA has now been challenged in the Second Circuit, however, which has no established or binding standard for how laws concerning sexual orientation should be treated.   In these cases, the Administration faces for the first time the question of whether laws regarding sexual orientation are subject to the more permissive standard of review or whether a more rigorous standard, under which laws targeting minority groups with a history of discrimination are viewed with suspicion by the courts, should apply.

After careful consideration, including a review of my recommendation, the President has concluded that given a number of factors, including a documented history of discrimination, classifications based on sexual orientation should be subject to a more heightened standard of scrutiny.   The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional.   Given that conclusion, the President has instructed the Department not to defend the statute in such cases.   I fully concur with the President’s determination.

Marc Ambinder at The Atlantic:

The announcement by the Justice Department came just minutes before White House press secretary Jay Carney’s regular briefing. Carney took care to press upon reporters that the president’s personal view about DOMA — that it is unfair to gays and lesbians — is distinct from the decision. The announcement from the administration came because of a court-imposed deadline from the 2nd Circuit.

Carney also said that the U.S. government will still be a party to these cases to allow the courts to make a recommendation about constitutionality and to allow other interested parties, such as Congress, to defend the law if they wish.

“We recognize and respect that there are other points of view,” Carney said.

The decision means the Justice Department will cease to defend two suits brought against the law. The first was a summary judgment issued in Gill et al. v. Office of Personnel Management and Commonwealth of Massachusetts v. United States Department of Health and Human Services last May by the U.S. District Court of Massachusetts. The plaintiffs challenged the constitutionality of the law’s definition of “marriage” as a legal union between a man and a woman.

District Judge Joseph Louis Tauro ruled Section 3 of the act unconstitutional on the grounds that it violated states’ rights to set their own marriage policies and violated the rights of same-sex couples in the states that permitted marriages. But the president felt compelled to defend the law, reasoning that Congress had the ability to overturn it. The Justice Department entered into an appeal process on October 12, 2010. Tauro stayed implementation of his own ruling pending the appeal. The department filed its defense in the U.S. Court of Appeals for the 1st Circuit on January 14.

The second lawsuit, involving the cases of Pedersen v. Office of Personnel Management and Windsor v. United States, would have been appealed in the Appeals Court for the 2nd Circuit, which has no established standard for how to treat laws concerning sexual orientation.

The president has won favor with the gay community recently by pushing for and winning repeal of the “don’t ask, don’t tell” policy for gays serving in the military, which the lame-duck Congress passed in December. At that time, Obama reiterated his support for repealing DOMA but did not take further steps.

Matt Welch at Reason:

The law is still in effect, but probably lost whatever chance it had of surviving a legal challenge. You can read Holder’s letter here.

Reason on DOMA here, including this piece from 1996 by Nick Gillespie. Excerpt:

It is a misguided attempt to define for all time an institution that is constantly, if slowly, evolving. Its supporters may think they can stop social evolution in its tracks and enforce a singular vision of the good society. But such people misunderstand the very nature of a free society and its dependence on choice and change. The Defense of Marriage Act may well have put off state recognition of same-sex marriage for the time being, but such laws can do precious little to keep things as they are. There can be little doubt that, ultimately, the government will be following IBM’s lead, even as IBM has followed its employees’.

William C. Duncan at The Corner:

There is something about the marriage issue that provokes an “any means necessary” approach from its proponents (among whom I believe we can count the president, notwithstanding campaign rhetoric to the contrary).

The president’s strategy, however distasteful, could be successful. In almost every successful same-sex-marriage case so far, the attorneys charged with defending the marriage laws either refused to do so (Iowa, Northern District of California) or made only pro forma defenses while conceding key points to the pro-redefinition side (Connecticut, California Supreme Court). Whether it is a good thing to have key social policies decided by lawyer inaction is an important question.

Presumably Congress can seek to intervene in the DOMA suits in order to defend the law. Maybe the federal courts need a public-defender program for statutes that have fallen out of favor with the elites in power.

Doug Mataconis:

It’s worth noting that when Judge Walker struck down California’s Proposition 8 last year, he used to lower “rational basis” test. Nonethless, Holder’s arguments in the letter are very similar to those Walker used in his opinion, and I won’t be surprised to see parts of this letter show up in appellatte briefs down the line as persuasive authority.

Personally, I think the entire act is unconstitutional, an opinion that is also shared by Bob Barr, who introduced the Act when he was a Member of Congress in the 1990s:

I’ve wrestled with this issue for the last several years and come to the conclusion that DOMA is not working out as planned. In testifying before Congress against a federal marriage amendment, and more recently while making my case to skeptical Libertarians as to why I was worthy of their support as their party’s presidential nominee, I have concluded that DOMA is neither meeting the principles of federalism it was supposed to, nor is its impact limited to federal law.

In effect, DOMA’s language reflects one-way federalism: It protects only those states that don’t want to accept a same-sex marriage granted by another state. Moreover, the heterosexual definition of marriage for purposes of federal laws — including, immigration, Social Security survivor rights and veteran’s benefits — has become a de facto club used to limit, if not thwart, the ability of a state to choose to recognize same-sex unions.

Even more so now than in 1996, I believe we need to reduce federal power over the lives of the citizenry and over the prerogatives of the states. It truly is time to get the federal government out of the marriage business. In law and policy, such decisions should be left to the people themselves.

In 2006, when then-Sen. Obama voted against the Federal Marriage Amendment, he said, “Decisions about marriage should be left to the states.” He was right then; and as I have come to realize, he is right now in concluding that DOMA has to go. If one truly believes in federalism and the primacy of state government over the federal, DOMA is simply incompatible with those notions.

The other problem with DOMA is that it essentially tells couples living in states where same-sex marriage, or civil unions, are legal that they can only live in states where the law is the same, or where their marriage will be recognized, which at this point constitutes less than 1/4 of the United States. It means a couple married in Iowa cannot move to any state in the American south without giving up all of their legal rights. This is exactly the kind of thing that the Full Faith And Credit Clause was designed to prevent. In fact, under current law, a marriage between a man and a woman that may not be legal in one state — such as a marriage between first cousins — will still be recognized as legal since it was legal under the laws of the state in which it took place. There is no rational reason why the individual liberty of gays and lesbians should be restricted in this manner.

Bryan Preston at PJ Tatler:

Does a president have the power to unilaterally declare laws passed by Congress and signed by his predecessors “unconstitutional?” This strikes me as setting an extremely dangerous precedent.

Kevin Drum:

This, by the way, is a good example why I’ve never joined in the general condemnation of conservatives for “reigniting the culture wars” whenever they introduce an abortion bill or somesuch. I’m on the opposite side of these conservative efforts, of course, but the fact is that liberals started the culture wars in the 60s and it’s something we should be proud of. So while I oppose the conservative side of the culture wars, I approve of the culture wars in general, and I applaud Obama and Holder for reigniting it last year when Congress repealed Don’t Ask Don’t Tell and for reigniting it in the case of DOMA today. Blacks, Hispanics, gays, women, the disabled and millions of others have benefited tremendously from the culture wars, and I’m happy to see it continue until there’s no more war to fight.