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To Deter US From Torturing Again, Those Involved Should Be Prosecuted Print
Tuesday, 09 December 2014 14:17

Roth writes: "The publication of the long-awaited summary of the Senate Intelligence Committee report on the CIA's torture provides a useful moment to consider the lessons learned from this sorry chapter in American history and the steps that might be taken to avoid its recurrence. With the truth now told about this blatantly illegal policy, President Barack Obama has a chance to reverse his misguided refusal to prosecute the officials who authorized the torture, ending the impunity that sets a horrible precedent for future United States presidents and governments worldwide."

Kenneth Roth. (photo: Demotix/Corbis/Goncalo Silva)
Kenneth Roth. (photo: Demotix/Corbis/Goncalo Silva)


ALSO SEE: Sexual Threats, Other CIA Methods Detailed in New US Report

ALSO SEE: Murtaza Hussein | The Flawed Arguments Behind Not Releasing Guantanamo Footage

To Deter US From Torturing Again, Those Involved Should Be Prosecuted

By Kenneth Roth, Reuters

09 December 14

 

he publication of the long-awaited summary of the Senate Intelligence Committee report on the CIA’s torture provides a useful moment to consider the lessons learned from this sorry chapter in American history and the steps that might be taken to avoid its recurrence. With the truth now told about this blatantly illegal policy, President Barack Obama has a chance to reverse his misguided refusal to prosecute the officials who authorized the torture, ending the impunity that sets a horrible precedent for future United States presidents and governments worldwide.

There will undoubtedly be much debate about its finding that torture did not “work” — that it produced little if any intelligence of value that was not or could not have been obtained by lawful means. It is disappointing that the nation must even have this discussion, given the strength of the legal and moral prohibitions of torture and other ill-treatment. The Geneva Conventions, for example, forbid them absolutely, even in time of war. But when facing a serious security threat such as the September 11, 2001 attacks, it can be tempting to rationalize the illegal and immoral as necessary, so this finding is important.

The CIA vehemently contests this conclusion. It insists that torture — or, to use its preferred euphemism, “enhanced interrogation techniques” — did produce actionable intelligence, but of course it cannot tell us the details because they are classified. Yet it should give us pause that a majority of the Senate Intelligence Committee, as well as respected senators on both sides of the aisle, concluded that torture was ineffective, while the greatest proponents of its utility were the torturers themselves. The disputed pragmatic argument provides a weak rationale to breach so fundamental a prohibition as the ban on torture.

The CIA also objects to any after-the-fact suggestion that its enhanced interrogation techniques constituted torture. It argues that it was entitled to rely on legal opinions issued by the Justice Department’s Office of Legal Counsel asserting that these techniques were not torture. But the Senate report shows those techniques to have been harsher and more brutal than the CIA revealed at the time, and it has previously been shown that the CIA had begun using many of those techniques even before the OLC opinion.

Moreover, anyone who reads the notorious “torture memos” readily sees them as strained, intellectually dishonest attempts to justify the unjustifiable. Their aim was to lay the foundation for precisely the legal defense to torture that the CIA now advances — that it relied on legal advice from the authorized executive branch office, so it is unfair to second-guess it now. But any soldier in wartime knows it is wrong to follow a blatantly illegal order. The CIA’s leadership should have done no less.

Still, it is regrettable that those senior George W. Bush administration lawyers have escaped accountability for their complicity in torture, given their obligation as public officials and their ethical duty as lawyers to uphold the law. Their opinions were not reasonable interpretations of an ambiguous legal provision but a premeditated cover for criminality. At minimum, they should have been disciplined for malpractice, if not prosecuted as accomplices.

Prosecution should also include the senior Bush officials who authorized torture and oversaw its use. To President Obama’s credit, he stopped the use of “enhanced interrogation techniques” from the moment he took office six years ago. But he has steadfastly refused to permit a broad investigation of the use of torture after 9/11, allowing only a narrow investigation into unauthorized interrogation techniques that resulted in no prosecutions.

The consequence is more than just a failure of justice. Obama’s refusal to enforce this unequivocal prohibition means that torture effectively remains a policy option rather than a criminal offense. The message sent to future presidents facing a serious security threat is that the domestic and international prohibition of torture can be ignored without consequence.

If prosecutions won’t be pursued, the least that can be done is to enact policies that would make torture’s recurrence less likely. The CIA, with its tradition of secrecy and lack of public accountability, should be taken out of the business of detaining suspects, leaving such matters to the Justice Department (or the military for battlefield captures). When security suspects are detained for interrogation, the International Committee of the Red Cross should be given immediate and regular access without exception; with its tradition of confidentiality, it would not jeopardize sensitive investigations, while its presence would discourage any temptation to torture.

When torture does occur, whistle-blower protection for people who report it should be improved. Victims should be allowed to sue for compensation in U.S. courts, instead of rebuffed because their torture is classified as a state secret. Finally, all agencies should reaffirm the duty not to rely on legal opinions when they are so obviously intended to rationalize the criminal and state unequivocally that following clearly illegal orders is an invalid defense.

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Payback's a Bitch: Everyone's Talking About Student Debt, but Nothing Is Done About It Print
Tuesday, 09 December 2014 14:08

Andrew Ross writes: "Everyone is talking about student debt, but almost nothing is being done about it. On the federal level, there is no debt relief in sight, as anyone can infer from the annual Congressional ritual in which lawmakers assemble to grandstand over lowering federal interest rates by a fraction. Nothing on Capitol Hill comes closer to the cliche of putting a Band-Aid on a gaping wound. Rising rates of default (half a million more last year) and delinquencies (more than 30 percent of all borrowers) are a sure sign that many student debts cannot, and never will, be repaid."

Strike Debt NYC. (photo: OccupyWallSt.org)
Strike Debt NYC. (photo: OccupyWallSt.org)


Payback's a Bitch: Everyone's Talking About Student Debt, but Nothing Is Done About It

By Andrew Ross, The Chronicle of Higher Education

09 December 14

 

veryone is talking about student debt, but almost nothing is being done about it. On the federal level, there is no debt relief in sight, as anyone can infer from the annual Congressional ritual in which lawmakers assemble to grandstand over lowering federal interest rates by a fraction. Nothing on Capitol Hill comes closer to the cliché of putting a Band-Aid on a gaping wound. Rising rates of default (half a million more last year) and delinquencies (more than 30 percent of all borrowers) are a sure sign that many student debts cannot, and never will, be repaid.

This arrangement is not only unsustainable, it is immoral. For its casualties, the grisly consequences of this mass default amount to a form of collective punishment. And the overall household student-debt burden is growing particularly for the elderly. More and more of those in their so-called golden years are seeing their Social Security benefits mercilessly garnished, often because they have felt compelled to co-sign student loans for children and grandchildren.

It is widely agreed that the cost of college is much too high, but few people know how inexpensive it would be for the federal government to cover tuition at every two- and four-year public college in the country. Several estimates are now in circulation, and Robert Samuels’s 2013 book Why Public Higher Education Should Be Free presents the most detailed proposal. According to the most-recent calculations of Strike Debt, the debt-resistance group I work with, the cost would be relatively modest. The federal loan program is propped up by a motley assortment of subsidies and tax exemptions that amount to tens of billions of dollars. Strip these away, along with some other unjustifiable subsidies (GI Bill benefits and Pell Grants that are gobbled up by fraudulent for-profit colleges) and the cost to the government of public college would be as low as $15-billion in additional annual spending. That is little more than a line item in the defense budget, and a small price to pay for meeting the challenge of the 21st-century knowledge economy.

Most other industrialized countries offer free college enrollment because it is an investment in their future, and, in some cases, because it is considered a basic citizenly right. (Germany and Chile were the most recent to commit to a tuition-free system.) In the United States, we have turned this essential social good into the cruellest of debt traps. Only those from well-heeled families are able to escape. The worst burden falls on low-income students, minorities, and those from first-generation immigrant families, whose lack of access to information and financial advice makes them easy prey for lenders and unscrupulous admissions officers. One of the most righteous demands of the civil-rights movement was that collegiate doors be fully opened to minority students who had been denied the fruits of higher education. When we look at the response, over the last half-century, we can see that the right to education has been replaced by the right to access education loans.

The summer saw the stumbling of two large, for-profit college chains, Corinthian and Anthem, both of which targeted the most-vulnerable populations for student recruitment. Corinthian aired ads, on the Jerry Springer and Maury Povich shows, that were crafted for customers described by the company as "isolated," "impatient," with "low self-esteem," and "unable to see and plan well for the future." Like its peers, the chain went after students who are overwhelmingly minority, female, and low income, including war veterans from Iraq and Afghanistan, for whom the chain can tap a rich flow of post-9/11 GI Bill funds.

Strike Debt’s innovative Rolling Jubilee project (which abolished more than $15-million worth of medical debts over the last two years) recently bought and abolished almost $4-million of debt owed by students at Everest College (part of Corinthian) at the discounted rate of 3 cents on the dollar. Large quantities of distressed debt are sold very cheaply on the secondary-debt marketplace to collection agents, who try to extract the full amount. Instead of collecting on the loan portfolios it buys, the Rolling Jubilee wipes out the debtors’ obligations.

Why the difference between the amount of medical and education debt available for purchase? Unlike the former, education debt is seldom sold at a deep discount, primarily because it cannot be discharged through bankruptcy and is therefore more lucrative than other kinds of lending. We searched for and bought the Everest debt to make a point in a high-profile way.

For the two years of its existence, the chief goal of the Rolling Jubilee has been to highlight the injustice of having to go into debt for access to vital goods, like education and health care, that should be publicly provided. As a result of the most recent Rolling Jubilee relief effort, almost 3,000 students are now off the hook, but many more of their peers are in a deep hole, carefully and deliberately prepared for them. Elected officials who allow higher education to be used as a vehicle for profit ignored all the warning signs that a sordid scam was afoot in the Corinthian network. In truth, these students should owe nothing. It is we who owe them a decent education, which predatory schools like Corinthian are simply not set up to provide.

The Rolling Jubilee was a short-term project, never intended as a solution to the household debt burden, and so we closed the fund a year ago to move on to direct organizing. For the past few months, we have been helping Everest College students to organize, offering legal services, IT and media support, and financial advice aimed at having all of their debts discharged. This is a pilot for our debtors’ union project, called the Debt Collective, which was launched along with the September announcement of the Everest student-debt buy.

Why are debtors’ unions necessary? Because our elected officials are no longer able to check the power of the creditor class. They have failed to protect citizens from economic harms, and in many cases, have enabled the most deceitful lenders. Corinthian is only the most recent, egregious example. The Consumer Financial Protection Bureau is suing the college chain, pressing it to forgive more than $500-million in student loans—in effect, trying to stop its predatory conduct. At the same time, the Department of Education is still extending federal loans to students, encouraging them to enroll. And it recently approved the sale of 56 Corinthian campuses to the Education Credit Management Corporation—affording the operation a new lease on life—so that students would not be able to claim complete discharge of their debts. How warped is that? One arm of the government is trying to shut the operation down while the other is feeding the beast and protecting its investors. It’s no wonder that people take a cool look at the federal program for funding higher education through personal loans and conclude that it is entirely irrational.

The students recruited by colleges like Corinthian are the most callously duped. But institutional abuse of the federal loan program extends far beyond the for-profit sector. More reputable universities are no less complicit in the tight nexus between the Education Department and Wall Street banks that has delivered a generation or two of our students into a condition that some see as akin to indenture. That is a strong word but, insofar as it describes the need to go into debt in order to labor, it may be an accurate one.

The reference to labor is far from rhetorical. For most borrowers, debts are the wages of the future, to which creditors lay claim far in advance. Education debt, in particular, can be viewed as a form of premature wage theft, and debtors who organize to defend their common interests are in a position to engage in a form of collective bargaining. The debtors’ movement that so many want to join will require new forms of organizing and action. But, in some respects, it will also be a 21st-century variant of the labor movement.

I have been active in the debt movement for several years, including as a founder of the Occupy Student Debt campaign. Occupy, in its boisterous heyday, was the signal moment for student debtors to come out publicly, to throw off the personal shame and trauma that envelops those who cannot repay what they owe. But the time was not ripe for organizing around debt—not that it is ever easy to do so. Yet the three years since then have only seen the student debt crisis deepen and spread. Inaction at the top has hardened around the perception that political solutions are simply unattainable, even though the cost of starting a tuition-free system is eminently affordable.

In response to the paralysis of the political class, solutions from below are more and more warranted. Under these circumstances, debtors are surely justified in taking relief for themselves, by any means necessary, through forms of economic disobedience. Creditors, private or public, who issue loans in the full knowledge they cannot be repaid are the true delinquents. Repayment will simply compound the moral hazard by encouraging their continued misconduct.

In a creditocracy, the goal is to keep debtors on the hook for as long as possible, wrapping debt around every possible asset and income stream to generate profit. Figuring out which debts we can legitimately refuse may turn out to be the only way of salvaging popular democracy. Education is the best place to start. Though it is supposed to serve as the incubator for a free-thinking, active citizenry, it is fast becoming its opposite—a chop shop where the life choices and optional political imagination of young people are downsized to fit the lifelong demands of financial contracts.

Student debtors, among all classes of borrowers, are the most likely to step forward and exercise the right to reclaim their futures. They are now 40 million strong, and the Debt Collective is building a platform and gathering resources to help them organize.

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The Remarkable Collapse of Our Trust in Government, in One Chart Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=23815"><span class="small">Chris Cillizza, The Washington Post</span></a>   
Tuesday, 09 December 2014 14:06

Cillizza writes: "No one likes - or trusts - the government. At this point, that's accepted conventional wisdom. And most people assume it has always been like that."

Richard M. Nixon. (photo: AP)
Richard M. Nixon. (photo: AP)


The Remarkable Collapse of Our Trust in Government, in One Chart

By Chris Cillizza, The Washington Post

09 December 14

 

o one likes -- or trusts -- the government. At this point, that's accepted conventional wisdom. And most people assume it has always been like that. (We have a tendency to assume whatever is happening to us right now has always been happening.)

But that lack of trust hasn't always been a part of the American experience -- as this awesome chart from our friends at the Pew Research Center shows. The line below charts the percentage of people who have told Pew they trust the government "just about always" or "most of the time".

The downward trajectory is stark. The collapse began during the presidency of Lyndon B. Johnson, which, not coincidentally, overlapped with the Vietnam War. The 1970s -- thanks to Vietnam and Watergate -- sped up the loss of faith in the government. And, after a quasi-resurgence during the 1980s, the trend line for the past few decades is quite clear. With the exception of relatively brief spikes that overlap with the first Gulf War and the terrorist attacks of Sept. 11, 2001, the number of people who trust the government has been steadily declining; the last time Pew asked the question, in February, just 24 percent said they trust the government "always" or "most of the time".

Exit polling from the 2014 midterms makes clear that things haven't improved in the trust department since that Pew poll. Just 20 percent said they trusted the government to do what's right "always" or "most" of the time, while 79 percent said they trusted the government only "some" of the time or "never."

The collapse of our collective trust in the government -- and, by extension, its ability or willingness to help solve problems -- has massive reverberations for politicians. They are considered less-than-honest brokers by large numbers of the American public, meaning that everything they say or do is viewed with suspicion. That's a tough starting place for any pol. But, if the chart above is any indication, it's the new normal.

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FOCUS | Wall Street's Democrats Print
Tuesday, 09 December 2014 11:30

Reich writes: "No one on Capitol Hill believes Wall Street's beloved carried-interest tax loophole will be touched. Don't blame the newly elected Republican Congress. Democrats didn't repeal the loophole when they ran both houses of Congress from January 2009 to January 2011."

Economist, professor, author and political commentator Robert Reich. (photo: Richard Morgenstein)
Economist, professor, author and political commentator Robert Reich. (photo: Richard Morgenstein)


Wall Street’s Democrats

By Robert Reich, Robert Reich's Blog

09 December 14

 

n Washington’s coming budget battles, sacred cows like the tax deductions for home mortgage interest and charitable donations are likely to be on the table along with potential cuts to Social Security and Medicare.

But no one on Capitol Hill believes Wall Street’s beloved carried-interest tax loophole will be touched.

Don’t blame the newly elected Republican Congress.

Democrats didn’t repeal the loophole when they ran both houses of Congress from January 2009 to January 2011. And the reason they didn’t has a direct bearing on the future of the party.

First, let me explain why this loophole is the most flagrant of all giveaways to the super-rich.

Carried interest allows hedge-fund and private-equity managers, as well as many venture capitalists and partners in real estate investment trusts, to treat their take of the profits as capital gains — taxed at maximum rate of 23.8 percent instead of the 39.6 percent maximum applied to ordinary income.

It’s a pure scam. They get the tax break even though they invest other peoples’ money rather than risk their own.

The loophole has no economic justification. As one private-equity manager told me recently, “I can’t defend it. No one can.”

It’s worth about $11 billion a year — more than enough to extend unemployment benefits to every one of America’s nearly 3 million long-term unemployed.

The hedge-fund, private-equity, and other fund managers who receive this $11 billion are some of the richest people in America. Forbes lists 46 billionaires who have derived most of their wealth from managing hedge funds. Mitt Romney used the carried-interest loophole to help limit his effective tax rate in 2011 to 13.9 percent.

So why didn’t Democrats close it when they ran Congress?

Actually, in 2010 House Democrats finally squeaked through a tax plan that did close the carried-interest loophole, but the Democratically-controlled Senate wouldn’t go along.

Senator Charles Schumer (D-N.Y.), one of those who argued against closing it, said the U.S. “shouldn’t do anything” to “make it easier for capital and ideas to flow to London or anywhere else.” As if Wall Street needed an $11 billion annual bribe to stay put.

To find the real reason Democrats didn’t close the loophole, follow the money. Wall Street is one of the Democratic party’s biggest contributors.

The Street donated $49.1 million to Democrats in 2010, according to the non-partisan Center for Responsive Politics. Hedge-fund managers alone accounted for $5.88 million of the total. Schumer and a few other influential Democrats were among the industry’s major beneficiaries.

Wall Street has continued to be generous to Democrats (as well as to Republicans).

The Democrats’ unwillingness to close the carried-interest loophole when they could also goes some way to explaining why, almost six years after Wall Street’s near meltdown, the Obama administration has done so little to rein in the Street.

Wall Street’s biggest banks are far bigger now than they were then, yet they still have no a credible plan for winding down their operations if they get into trouble.

The Dodd-Frank Act, designed to prevent another Wall Street failure, has been watered down so much it’s slush. There’s been no move to resurrect the Glass-Steagall Act separating investment banking from commercial banking.

Not a not a single Wall Street executive has been prosecuted for his involvement in the frauds that caused the mess.

Wall Street was the fourth-largest contributor to Barack Obama’s presidential campaign in 2008, and is already gearing up for Hillary Clinton’s 2016 run.

Hedge-fund and private-equity managers are donating generously to Priorities USA Action, a super PAC dedicated to getting her elected.

The hedge fund Renaissance Technologies has contributed $4 million to date. D.E. Shaw, another fund, has donated over $1 million. Khosla Ventures and Soros Fund Management have donated $1 million each.

Many Wall Street financiers have donated $25,000 (intended to be the maximum contribution) to the Ready for Hillary superPAC.

Robert Wolf, the former president of UBS’ investment bank who now has his own advisory boutique, told “Politico” that six in ten Wall Street types are Democrats, and that “when and if she decides to run, [Hillary Clinton is] going to have an incredible support foundation from Wall Street.”

Just because a candidate takes Wall Street money doesn’t mean he or she is beholden to the Street.

But the reason Democrats have pulled their punches with the financial sector for years is because it’s hard to punch the hand that feeds you.

This must stop. America can’t tackle widening inequality without confronting the power and privilege lying behind it.

If the Democratic party doesn’t lead the charge, who will?

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Dick Cheney Was Lying About Torture: Senate Report Confirms It Didn't Work Print
Tuesday, 09 December 2014 07:30

Fallon writes: "It's official: torture doesn't work. Waterboarding Khalid Sheikh Mohammed, the mastermind of 9/11, did not in fact 'produce the intelligence that allowed us to get Osama bin Laden,' as former Vice President Dick Cheney asserted in 2011."

Dick Cheney. (photo: Getty Images)
Dick Cheney. (photo: Getty Images)


Dick Cheney Was Lying About Torture: Senate Report Confirms It Didn't Work

By Mark Fallon, Politico

09 December 14

 

t’s official: torture doesn’t work. Waterboarding Khalid Sheikh Mohammed, the mastermind of 9/11, did not in fact “produce the intelligence that allowed us to get Osama bin Laden," as former Vice President Dick Cheney asserted in 2011. Those are among the central findings of the Senate Intelligence Committee report on CIA interrogation and detention after 9/11.

The report’s executive summary is expected to be released Tuesday. After reviewing thousands of the CIA’s own documents, the committee has concluded that torture was ineffective as an intelligence-gathering technique. Torture produced little information of value, and what little it did produce could’ve been gained through humane, legal methods that uphold American ideals.

I had long since come to that conclusion myself. As special agent in charge of the criminal investigation task force with investigators and intelligence personnel at Guantanamo Bay, Afghanistan, and Iraq, I was privy to the information provided by Khalid Sheik Mohammed. I was aware of no valuable information that came from waterboarding. And the Senate Intelligence Committee—which had access to all CIA documents related to the “enhanced interrogation” program—has concluded that abusive techniques didn’t help the hunt for Bin Laden. Cheney’s claim that the frequent waterboarding of Khalid Sheikh Mohammed “produced phenomenal results for us" is simply false.

The self-defeating stupidity of torture might come as news to Americans who’ve heard again and again from Cheney and other political leaders that torture “worked.” Professional interrogators, however, couldn’t be less surprised. We know that legal, rapport-building interrogation techniques are the best way to obtain intelligence, and that torture tends to solicit unreliable information that sets back investigations.

Yes, torture makes people talk—but what they say is often untrue. Seeking to stop the pain, people subjected to torture tend to say what they believe their interrogators want to hear.

The report is essential because it makes clear the legal, moral, and strategic costs of torture. President Obama and congressional leaders should use this opportunity to push for legislation that solidifies the ban on torture and cruel treatment. While current law prohibits these acts, US officials employed strained legal arguments to authorize abuse.

A law could take various forms: a codification of the president’s 2009 executive order banning torture, for example, or an expansion of the 2005 Detainee Treatment Act so that key protections in it would apply to the CIA as well as the military. However it’s designed, a new law would help the country stay true to its ideals during times of crisis and guard against a return to the “dark side.”

And dark it was. Terms like “waterboarding” and “enhanced interrogation” obscure the brutal, sometimes bloody, reality. It was about the delivery of pain. The U.S. government authorized previously taboo techniques, which—along with a take-the-gloves-off message coming from the top—led to even greater horrors. You can draw a line from the “enhanced interrogation” to the barbarism of Abu Ghraib.

The ostensible purpose of torture was to save lives, but it has had the exact opposite effect. Torture was a PR bonanza for enemies of the United States. It enabled—and, in fact, is still enabling—al Qaeda and its allies to attract more fighters, more sympathizers, and more money.

Some have argued against releasing the report because they predict that it will spark anti-American anger around the world. Such a possibility, however, is an argument not against the kind of transparency and Congressional oversight inherent to a well-functioning democracy; it’s an argument against torture. Indeed, by employing such an argument, people are implicitly acknowledging that torture saps the country’s credibility and threatens its national security.

Over the coming days, you’ll be hearing numerous torture defenders claim it kept Americans safe. Don’t believe them. Many of us charged with the mission of getting information out of terrorists didn’t resort to using torture. Like many Americans, we didn’t want our government to use torture, and we hope it never does again.

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