Highlanders of the Day ~ Former DOJ career attorneys J. Gerald Hebert and Joseph Rich

Hans von Spakovsky is pictured to the left. He's one nasty dude. And he has no place on the Federal Elections Commission. J. Gerald Hebert and Joseph Rich use TPM Cafe to tell us why. The WaPo Editorial Board, reckon why, wouldn't let them reply to George Will's foolishness but they soldiered on. Let's hope their points get picked up somewhere in the alleged liberal media. Peace ... or War!

Bu$hCo's Lawyers Discussed CIA Tapes Before ...

NPR reported Bush Doesn't Recall Destruction of CIA Tapes back on the 7th yet today's NYT piece from Mark Mazzetti and Scott Shane tells us Bush Lawyers Discussed Fate of CIA Tapes. The White House is pushing back something fierce and apparently the Gray Lady will remove the subheadline that read "White House Role Was Wider Than It Said." They are standing by the story however. I suppose the Bu$h press shop is reduced to arguing that Clueless George isn't expected to know what is going on with his administration? Peace or War!

GOP Learning Governing as Senate Minority

Eric Lotke, Alex Carter, Molly Swartz, Chris Rasmussen present BLOCK AND BLAME: The Conservative Strategy of Obstruction in the 110th Congress via The Campaign for America's Future. Per CAF the "new report shows how conservative minority rules by filibuster, preventing up or down vote on a record number of bills". Truly this is a "historic level of obstruction" and yet we're only halfway through the 11oth. I'm all for the minority party having a role in crafting legislation yet lets not forget the Rubber Stamp Congress of our recent past. With Bu$hCo and ... the GOP was simply incapable of playing fair then, certainly in the House at least. Peace ... or War!

Wingnut Welfare - The Philanthropic Foundations

I'm well into David Brock's The Republican Noise Machine: Right-Wing Media and How It Corrupts Democracy yet for the time being I'll point you to something I just stumbled across today. Media Transparency's The Strategic Philanthropy of Conservative Foundations is a great look at just a brief period from 1992-1994 of 12 core conservative foundations.

The level of wingnut welfare they alone provide is simply staggering. The reality that you've got "writers"and "academics" and ... promoting the free enterprise markets when they are on the dole is supremely ironic. The fact that so much of it is provided via 501(c)(3) "non profits" that in turn provide a nice tax deduction for the already rich is downright disgusting. Peace ... or War!

The Anniston Star Shares Solid Health Care Op-Ed

Linda P. Campbell of the Fort Worth Star-Telegram appears in the Anniston Star today with 'Is this what America stands for?' and delivers what I hope more than a few Bubbas down there in my hometown might actually read. Bless The Star for reliably providing at least some Progressivism to the masses of East Alabama. Eventually they'll see past the distractions and distortions of the "movement conservatives".

Ms. Campbell discusses some increasingly rare bipartisan activity up in DC. Senators Ron Wyden, D- Oregon, and Bob Bennett, R-Utah, have their "Healthy Americans Act" rolling along. While I, like Ezra Klein and David Sirota, am not yet convinced this is the way to go, I am nevertheless thrilled to see the legislation. It seems to be an honest examination of a problem that isn't even on the radar with most of those on the right. After January 20, 2009 we might have a chance to actually solve some problems for a change.

I also note that Ms. Campbell, to help her pen this work, appears to have attended the University of Maryland's Knight Center for Specialized Journalism Seminar "Paying for Health Care". Maryland's Knight Center exists due to the John S. and James L Knight Foundation. Both the Terrapins and this organization are surely due a tip of the tam for their work.

Lets look toward a day when good, affordable health care is provided for all Americans. Peace ... or War!

Outlander of the Day ~ AVALA's Skip Tucker

ExxonMobil's former CEO Lee Raymond is pictured to the left. He was seemingly very happy when the image was captured, and who wouldn't be earning $686 million from 1993 to 2005. That's $144,573 per day! Lee's smile is gracing this post as I simply can't locate an image of Skip Tucker, the Executive Director of Alabama Voters Against Lawsuit Abuse (AVALA). I also couldn't find an image of AVALA's Chairman Lewis Fuller when he was my Outlander of the Day just Monday for being intentionally or merely negligently stupid.

Skip's Letter to the Editor appears is in my home town Randolph Leader today discussing the "righteous verdict" (Note how Lewis found a right wing think tank's study "righteous" in his shilling that I referenced above.) by the Alabama Supreme Court's eight "erudite and fair" Republican justices in reversing a huge judgment regarding Exxon's failure to do right by the State of Alabama in offshore gas leases they'd negotiated way back in day.

This was a simple contract dispute" claims Skip. Also, AVALA has apparently been studying up on punitive damages. They, perhaps even old Skip even, certainly didn't understand them in my only face to face contact with AVALA. I guess Skip couldn't get this Montgomery Advertiser rant into The Leader? It's not every day you get to read "socialistic" twice in the same piece.

Skip referenced a 2004 Hunt case that was the "same lease, same lawsuit, same basic facts, same outcome" yet left out the fact that the original trial in this very case filed in 1999 saw a jury verdict in favor of the State for $87.7 million in compensatory damages and $3.42 billion in punitive damages. The Alabama Supreme Court reversed and remanded on an evidence issue. The second trial yielded a verdict against Exxon of $102.8 million in compensatory damages, part of that involving interest, and nearly $12 Billion in punitives.
Circuit Judge Tracy McCooey, a Democrat, cut the punitive damages to $3.5 billion.

The court's lone Democrat, Chief Justice Sue Bell Cobb dissented, saying that Exxon had engaged in "the appropriation of this state's resources by deceit." I've previously noted that Whacky Tacky Tom Parker wrote the opinion, that seven of his GOP allies joined, that saved Exxon five weeks of their profits from last year. Imagine what Alabama could have done with this money!

Joey King, a schoolteacher in Montgomery that is 100% Democrat, served as the foreman of the jury that returned the second verdict. He, admittedly goofing up as the "convict" language isn't applicable to a civil trial, said

The reason we had such a large amount was we knew we had to get Exxon's attention. We were one hundred percent sure they had defrauded the state. The evidence, letters from their own attorney's warning the company they were not paying the correct amounts to the state, that's all we needed to convict.

Please note that Exxon Mobil is alleged to have been willing to buy scientists off to help them with climate change issues. Hell, they've poured $8 million into various "think tanks" to shill their lines on climate change. Finally, Scott Horton of Harper's also weighs in The Best Justice Money Can Buy pointing out the huge contributions made to the GOP members of the court bu Big Oil and Big Business groups. Peace ... or War!

Christ!

What Steve Benen says works for me. His "Not to get too Book of Matthew on Huckabee, but Christ’s name, for the devout, isn’t supposed to be used as a campaign talking point." and "Way to swing the Jesus Bat at the electorate, Mike." are instant classics. Damned if Huck isn't going all out. Peace ... or War!

"David Horowitz? Well, I'm no fan actually."

The title of the post is I think what I said. I had the somewhat awkward experience today of talking with a David Horowitz (and Michelle Malkin) fan today. While our talk was pleasant enough, what can one offer up on either of these two opportunistic extremists.

A grand example of the "lapsed leftist" according to Media Transparency, I'm sure David Horowitz is truly useful to the right. Well paid for his efforts, perhaps that explains his conversion?

Then again it could be that he's just plain nuts. His recent Islamo-Fascism Awareness Week (part of his Terrorism Awareness Project which is part of his David Horowitz Freedom Center) was surely a classic in wing-nuttery. His FrontPage webzine is always "interesting". Today for instance there's an article labeled "Islamist in the Army" and a teaser of "Thanks to the Islamic Circle of North America, our military has been infiltrated" both there and on Joe Kaufman's Americans Against Hate site. However, a closer reading reveals that Deep Thought, a.k.a. Lawrence, a.k.a. Bilal is an unknown. They've infiltrated huh?

There's a great list of articles examining David Horowitz in the Media Transparency link above but Media Matters provides plenty as well. I found "Its the teachers, stupid" perfectly illustrative of why I loathe the man. As Robert W. McChesney pointed out in examining the last screed from Horowitz, he simply doesn't know how classroom teaching works yet the main thing is how he claims "innumerable studies" support his position. They don't even come close but for folks like Jim "Conservative Tool" Wooten and David "Lapsed Leftist" Horowitz it matters not.

I hope and pray Salon culled him for just being a goober yet surely they could find somebody from the right that could bring a better game. As to David Horowitz I'm no fan indeed. Peace ... or War!

Outlander of the Day ~ FCC Chairman Kevin Martin

Could Kevin Martin look any more Republican? He and the other two from the GOP on the Federal Communications Commission outvoted the two Democrats "to allow broadcasters in the nation's 20 largest media markets to also own a newspaper". So much for just thinking he was there to follow the Bu$hCo line on "indecency". With he and the wife both part of the Bu$h-Cheney team I suppose what else could have been expected?

Free Press apparently expected more from Commissioner Martin given this press release. Their Stop Big Media effort provides additional insight into the issues at stake.

I like this quote from Democratic Commissioner Michael Copps:

In the final analysis, the real winners today are businesses that are in many cases quite healthy, and the real losers are going to be all of us who depend on the news media to learn what's happening in our communities and to keep an eye on local government.

It is wise to recall where and how Americans tend to get their news yet I'm more worried about three other factors. First, from the Reverend Moon (The Washington Times) to Rupert Murdock (Fox News Channel, The New York Post, and apparently the Wall Street Journal) to ... the right is willing to put money into media, even when this results in huge financial losses. Corporate control of media is bad enough yet add in the modern GOP and we've got troubles and then some. Second, the right has built an incredible network of "think tanks", foundations, institutions and the like that know how to get their message honed and then out. The wingnut welfare rolls are full of "academics" and "journalists" on the dole even as they preach on behalf of the market. The message discipline and framing done on the right is impressive even if both frightening and illogical. Finally, the third facet of my fear relates to how ignorant the average American is when it comes to policy and the like. I fear that if I only relied on one or two sources for getting my news I'd often be often left out on true understanding of much. Often I have to work to get a handle on an issue even now.

The bottom line is that having a diverse marketplace of ideas, even when obtained via regulations, is healthy in a democracy. I'm afraid the FCC's actions today are yet one more step in the wrong direction. Peace ... or War

UPDATE ~ July 13, 2008 - The original post has Commissioner Martin identified as Kevin Marks. Beats me why I goofed but perhaps I was in the Christmas eggnog. I noted this today when I found the NYT's Saul Hansell's F.C.C. Chief Would Bar Comcast From Imposing Web Restrictions. I read a puff piece on him recently that was straight PR that made me think it was part of getting him ready for a new job after the end of the Reign of Error. However he made this decision it is the right one. Good for him!

Highlander of the Day ~ Senator Russ Feingold

Senator Feingold appears at TPM Cafe to explain where things stand on the FISA front. He also explains why further protections for the privacy of innocent Americans need to provided. As to the Bu$hCo failure to follow the FISA law, Senator Feingold wrote:

This argument isn’t about whether companies acted in good faith, it’s about requiring that companies, and the government, follow a law that has been on the books for 30 years.

Thirty years! Bu$hCo could have tried to get changes to FISA handled instead of breaking the law. It had been tweaked several times in fact before. When Dubyah got that dreadful "Patriot Act" passed his folks had that opportunity for instance. Bu$hCo got caught breaking the law and I'm thinking they now seek to shield their lawlessness from further inquiry more than simply protecting those telecoms that helped them without a court order or even AG certification.

Well done Senator. Peace ... or War!

Bu$hCo's International Family Planning Veto Threat

This Jeff Danzinger images is dated yet can apply to yesterday's news that a Bu$h veto threat forced Democrats and perhaps even other sensible Senators on the other side of the aisle to abandon efforts to have "the 2008 foreign aid budget reverse a longstanding ban on providing aid -- including donated contraceptives -- to organizations abroad that use their own money to offer abortions, counsel about abortion, or advocate to change their countries' abortion laws."

Perhaps Progressives ought to let the rascal veto something and then try to focus the coverage on the extreme conservativism that represents the modern GOP? I'm uncertain if this legislation was where that ought to begin yet it seems like sensible policy to me ... and New York's Nina Lowey. Representative Lowey said:

This dogmatic adherence to an illogical position diminishes our influence around the world and prevents us from working effectively to stop the spread of HIV/AIDS and unintended pregnancies and reduce abortions.

Marianne Mollmann, Advocacy Director for Human Rights Watch's Women's Rights Division, uses HuffPo to explain the twisted logic of not only Bu$hCo but also the "Global Gag Rule" which dates back to The Gipper. Again, using the right veto to blast not only the current administration but also "movement conservatism" seems like an opportunity lost.

Finally, the quote in the first sentence was lifted from an American Progress piece from Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, and Ali Frick that covers this and other outrages from Bu$hCo. Peace ... or War!

What the hell is a Savonarola?

Now who are the elitists using a word like that? A conservative or merely a commentator perhaps "who’s been mugged by reality" that I'd still never heard of went after both Digby and Krugman today labelling them as the "Revenge Wing of the Democratic Party". Nice reply by Digby that makes his original post all the better. Air it all out! As a bonus for blogging today I learned what "Savonarolas" appears to reference. Peace ... or War!

Highlander of the Day ~ Senator Chris Dodd

Clotured on the FISA filibuster threat, Senator Dodd is still due a tip of the tam. At least now he can get back to Iowa yet I'm wondering if Majority Leader might not be where we need him after January 20, 2009. These are initial votes but I'm afraid Bu$hCo and the GOP will win on this fight. Senator Harry Reid's dual bill strategy seems to hardly help the good guys on this issue. Senator Russ Feingold has earned snaps as well. I must note my own Senator Jefferson Beauregard Sessions III suggesting Bu$hCo get a Letter of Thanks and an Apology. Jeffy B continues to carry Dubyah's water. Peace .. or War!

Outlander of the Day ~ AVALA's Lewis Fuller

So why would I have Bernie Marcus (Home Depot co-founder and Daddy Warbucks behind many, many philanthropic efforts such as the Georgia Aquarium for instance) over to the left? That rascal Lewis Fuller (of Fuller Medical Supplies in Gadsden, Alabama and the Chairman of Alabama Voters Against Lawsuit Abuse or just AVALA) is why. Let me explain ...

Mr. Fuller has managed to get a Letter to the Editor into the B'ham News titled Economic Policy Institute study kowtows to greed of personal injury lawyers that has to be one of the classics for even Alabama.

Lewis is upset with a "prettily written" article from the Economic Policy Institute and warns us that "pretty words are not always truthful, and truthful words are not always pretty." He claims "the study ... has more holes in it than a bag of doughnuts" and tells us that EPI ... "is stuffed like a Christmas turkey with ultra-left-wing business haters and trial lawyer collaborators". Look out Alabama, "its directors contain ... union directors". The use of the "big mule unions" language alone would make George Wallace proud but Lewis is going all out to channel the Governor in this effort.

Mr. Fuller then writes

Since we now know the premise of "objectivity" was untrue, we start to recognize the entire study was nothing but personal-injury trial lawyer-inspired bombast and the same-old, same-old.

Lewis, what exactly do we know and how do we know this to be so? You were writing of bombast and the same-old, same-old? Let he who is without sin ... Lewis. He continues:

The bogus EPI report attacks a bona fide and righteous study by the distinguished Pacific Research Institute that proves each American family of four is saddled with an annual "tort tax," brought about by lawsuit abuse, of almost $10,000.

That, as noted, is one of the two glaring differences in the reports: The PRI study says there is not only lawsuit abuse in America, but extreme lawsuit abuse that we all pay for. The EPI says lawsuits do not increase product and insurance costs. Here is Bernie Marcus, co-founder of Home Depot: "Every item we sell has a built-in cost for litigation expense." That alone belies the trial lawyer web of deceit.

Bernie said so! That's some research or authority for you Alabama. Bernie and Arthur Blanks seems to be doing OK, as in thirty billion worth of OK, notwithstanding last week's news of Arthur's QB going to Club Fed and his coach leaving the Falcons for the Razorbacks.

Alternatively, the PRI study is "righteous". Is Lewis a surfer dude? Or merely an authority on morality? PRI's "righteous research" has also attracted the attention of Public Citizen. Mr. Fuller would perhap blow a gasket over Ralph Nader's organization criticising PRI.

And the idea that a glaring difference between the two studies is that each entity did their own study is an especially odd way of Mr. Fuller ranting.

Lewis continues:

The other glaring difference in the two reports is that EPI says the "transfer of funds," money going from business to pay for lawsuits, is not a cost. Eh?
Here is Lawrence McQuillan, author of the righteous PRI study: "A good economist knows transfers are not a social cost. But the PRI study correctly notes that tort transfers are an accounting cost to individual businesses that negatively influences decisions on jobs, investments, innovation and health care."
The blighted EPI study also claims the tort tax might be "only" $82 billion per year, and one portion of the study calls a $14.5 billion part of the cost "insignificant." Nice to know trial lawyers and their dupes are rich enough to call $14.5 billion
insignificant.
Predictably, wealthy personal- injury trial lawyers continue to troll out the old line that if there were no unsafe products, it would not be necessary to hire trial lawyers in the first place. Words fly from their mouths. It is blather. If it were not for lawsuit abuse, there would be no need for tort reform.

Blather? Dupes? Troll the old line? Web of deciet? And do you merely focus on unsafe products for a logical reason Lewis?

The actual EPI work from Ross Eisenberry, an obvious "pointy headed intellectual" controlled by his union masters, is labeled Tort costs and the economy: Myths, exaggerations, and propaganda. Lewis found so "prettily written" and I'd just offer that it is relatively clear given its complexity and scope. However, it is hardly easy to quickly distill, and I've gone on too long anyways with this post. So I'll let the thing go by with just a link and offering that I found it "righteous" and hardly "blighted". Nice graphics also make it worth a visit. If you're looking for "bombast" I'm afraid you'll be disappointed.

You've got to buy the PRI's study "Jackpot Justice" unfortunately. Dr. Lawrence J. McQuillan has I'm sure pounded out a stellar piece of scholarship. His ideas on Social Security privatization followed the agreed upon language and selling points of the right. McQuillan earned his Ph.D. in economics from George Mason University and has been a Research Fellow at the Hoover Institution. Nuff said if we reverse Mr. Fuller's arguments? His colleague Anthony P. Archie earned his degrees from Pepperdine. Reckon if he ran across Special Persecutor now Dean Kenneth Starr while he was earning his paper? He's also working for a right wing "paper" to boot. Right wing welfare at work out way out on the Left Coast making its way to Alabama. Who'd have thunk it?

I also found it interesting that Lewis has been a favored LTE source for the PRI. Over the summer he managed to get a LTE in the T-Town News that was worthy of note, at least for the distinguished PRI. They've also linked to one he got into the Montgomery Advertiser this summer. Maybe Lewis Fuller could help them out on other causes? After all, by visiting Pacific Research Institute you can get a book on why the middle class needs school choice. Also, there's the obligatory climate change denial. PRI is a true friend to Big Oil. PRI is "distinguished" certainly Lewis, if only for their funding by big business and right wing foundations.

Finally, I've previously posted some of the "reasoning" of AVALA's partner in crime, the Alabama Policy Institute. I'm still unsure if the AVALA official that came to a Lions Club meeting in Roanoke some years ago and tried to tell the poor Lions that Workermen's Comp cases involved runaway punitive damages was their current Executive Director Skip Tucker. I caught whomever was there from AVALA in so many lies that he pretty much started a combination of attacking and distraction. I guess he figured if he could get away with lying he'd try it.

If it was Skip then bless his heart and I must note that he definitely married up. Skip's lovely and apparently very capable bride Lissa Astilla Tucker is the Director of Governmental Relations of the Alabama Association of School Boards where she is advertised as an "experienced lobbyist". She previously was a high roller with the Washington-based American Tort Reform Association. I've surely scolded Skip before and Barbara Evans, late of the apparently defunct or at least struggling Alabama Watch, isn't too happy with him either for his recent attacks on Alabama Chief Justice Sue Bell Cobb and ... in relation to the ExxonMobil reversal by "the erudite and fair members of the Alabama Supreme Court".

Corporate funded "scholarship" and advocacy get parroted by a small time medical supplies salesman from Gadsden Alabama. How the right wing's message machine works is truly impressive. And scary. Peace ... or War!

No posting on Sunday and ...

I'll be working a long, long, long ... 24 hour duty starting Sunday morning so no posting for at least tomorrow. I'll be back ASAP. Peace ... or War!

Bu$hCo Seeks to Control JAG Promotions

The Boston Globe's Charlie Savage reports Control sought on military lawyers: Bush wants power over promotions. Bu$hCo, apparently troubled by the "independence of uniformed attorneys who have repeatedly raised objections to the White House's policies toward prisoners" has taken a typical assertive stance. Savage writes:

The administration has proposed a regulation requiring "coordination" with politically appointed Pentagon lawyers before any member of the Judge Advocate General corps - the military's 4,000-member uniformed legal force - can be promoted.

This administration knows no shame. Bu$hCo has people like the Pentagon's William "Jim" Haynes ready to control a promotion policy that ought to be removed 100% from politics. We've already seen how Mr. Haynes handled a retired JAG officer so one can only imagine how his type might handle folks still in uniform. Peace .. or War!

Science Intrudes on Baptist vs. Morman GOP Race

The Brits are rightly amazed by our politics. The Economists reports The Republican battle for the religious vote gets rough and The Telegraph's Toby Harnden provides Mike Huckabee apologises for Mormon 'smear' and ... This recovering Southern Baptist is rather amazed as well. I'd like to also see some serious discussions about how a future Republican administration might address science but figure immigrant bashing sells better for the GOP's average voter. Science Debate 2008 (with further information provided by Wired's Sarah Lai Stirland) might pressure even some of the lizard brains into speaking on a vital issue for the 21st Century. After Bu$hCo's often hostile stance against science we've got lots of ground to make up. Of course that holds true for much facing this next administration. Peace ... or War!

Is the GOP panicking over Mike Huckabee?

John Cole assembles a nice summary of some on the right that appear to be having a fit over the rise of The Huckster. Buy something, like THE END OF AN ERROR shirt or pretty much anything celebrating January 20th, 2009, from Betty Bowers, "America's Best Christian". Another reason to visit Betty is to see the Huckabee's "Heavy Hillbilly" Christmas card from back in the day. Peace ... or War!

Highlander of the Day ~ Joseph L. Galloway

From McLatchy (formerly Knight Ridder as referenced by the Anniston Star in carrying the piece) Joe Galloway pens The disgraceful treatment of our veterans where he lays into "the politicians who start every speech by thanking the troops and veterans and blessing them" and then "turn up at military bases and the annual conventions of veteran's organizations and use troops and veterans as a backdrop for their photo-ops." He closes with "The next smarmy politician who shouts, 'God bless our troops' ought to be tarred and feathered and ridden out of Washington on a rail for sheer hypocrisy." Well put Sir! Peace ... or War!

Where's My Christmas Card George and Laura?

Perhaps hoping to shore up the base, Dubyah and Laura use what seems like a creationism themed Christmas card, a Hallmark from Lawrence, Kansas no less, this year. The composite to the left did not grace the front but inside Nehemiah 9:6 (NIV) provided the text:

You alone are the LORD. You made the heavens, even the highest heavens, and all their starry host, the earth and all that is on it, the seas and all that is in them. You give life to everything, and the multitudes of heaven worship you.

Bu$hCo, and the RNC I suppose as they paid for thousands of the things, ends with "May the joy of all creation fill your heart this blessed season." I reckon they learned from at least one of their many, many mistakes. Some might recall this flap over the card from 2005 and questions raised in 2006 by WorldNut Daily's Les Kinsolving. When the true believers aren't happy Bu$h dips into or even below the low thirties. This ought to keep some in his corner just a little longer. Peace .. or War!