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FOCUS: After 800 Years, the Barons Are Back in Control of Britain Print
Tuesday, 17 July 2012 11:41

Monbiot writes: "The Magna Carta forced King John to give away powers. But big business now exerts a chilling grip on the workforce."

King John, surrounded by English barons, ratifying the Magna Carta. (photo: Time Life Pictures/Getty Images)
King John, surrounded by English barons, ratifying the Magna Carta. (photo: Time Life Pictures/Getty Images)



After 800 Years, the Barons Are Back in Control of Britain

By George Monbiot, Guardian UK

17 July 12

 

The Magna Carta forced King John to give away powers. But big business now exerts a chilling grip on the workforce

ounded by police and bailiffs, evicted wherever they stopped, they did not mean to settle here. They had walked out of London to occupy disused farmland on the Queen's estates surrounding Windsor Castle. Perhaps unsurprisingly, that didn't work out very well. But after several days of pursuit, they landed two fields away from the place where modern democracy is commonly supposed to have been born.

At first this group of mostly young, dispossessed people, who (after the 17th century revolutionaries) call themselves Diggers 2012, camped on the old rugby pitch of Brunel University's Runnymede campus. It's a weed-choked complex of grand old buildings and modern halls of residence, whose mildewed curtains flap in the wind behind open windows, all mysteriously abandoned as if struck by a plague or a neutron bomb.

The diggers were evicted again, and moved down the hill into the woods behind the campus - pressed, as if by the ineluctable force of history, ever closer to the symbolic spot. From the meeting house they have built and their cluster of tents, you can see across the meadows to where the Magna Carta was sealed almost 800 years ago.

Their aim is simple: to remove themselves from the corporate economy, to house themselves, grow food and build a community on abandoned land. Implementation is less simple. Soon after I arrived, on a sodden day last week, an enforcer working for the company which now owns the land came slithering through the mud in his suit and patent leather shoes with a posse of police, to serve papers.

Already the crops the settlers had planted had been destroyed once; the day after my visit they were destroyed again. But the repeated destruction, removals and arrests have not deterred them. As one of their number, Gareth Newnham, told me: "If we go to prison we'll just come back … I'm not saying that this is the only way. But at least we're creating an opportunity for young people to step out of the system."

To be young in the post-industrial nations today is to be excluded. Excluded from the comforts enjoyed by preceding generations; excluded from jobs; excluded from hopes of a better world; excluded from self-ownership.

Those with degrees are owned by the banks before they leave college. Housing benefit is being choked off. Landlords now demand rents so high that only those with the better jobs can pay. Work has been sliced up and outsourced into a series of mindless repetitive tasks, whose practitioners are interchangeable. Through globalisation and standardisation, through unemployment and the erosion of collective bargaining and employment laws, big business now asserts a control over its workforce almost unprecedented in the age of universal suffrage.

The promise the old hold out to the young is a lifetime of rent, debt and insecurity. A rentier class holds the nation's children to ransom. Faced with these conditions, who can blame people for seeking an alternative?

But the alternatives have also been shut down: you are excluded yet you cannot opt out. The land - even disused land - is guarded as fiercely as the rest of the economy. Its ownership is scarcely less concentrated than it was when the Magna Carta was written. But today there is no Charter of the Forest (the document appended to the Magna Carta in 1217, granting the common people rights to use the royal estates). As Simon Moore, an articulate, well-read 27-year-old, explained, "those who control the land have enjoyed massive economic and political privileges. The relationship between land and democracy is a strong one, which is not widely understood."

As we sat in the wooden house the diggers have built, listening to the rain dripping from the eaves, the latest attempt to reform the House of Lords was collapsing in parliament. Almost 800 years after the Magna Carta was approved, unrepresentative power of the kind familiar to King John and his barons still holds sway. Even in the House of Commons, most seats are pocket boroughs, controlled by those who fund the major parties and establish the limits of political action.

Through such ancient powers, our illegitimate rulers sustain a system of ancient injustices, which curtail alternatives and lock the poor into rent and debt. This spring, the government dropped a clause into an unrelated bill so late that it could not be properly scrutinised by the House of Commons, criminalising the squatting of abandoned residential buildings.

The House of Lords, among whom the landowning class is still well-represented, approved the measure. Thousands of people who have solved their own housing crises will now be evicted, just as housing benefit payments are being cut back. I remember a political postcard from the early 1990s titled "Britain in 2020", which depicted the police rounding up some scruffy-looking people with the words, "you're under arrest for not owning or renting property". It was funny then; it's less funny today.

The young men and women camping at Runnymede are trying to revive a different tradition, largely forgotten in the new age of robber barons. They are seeking, in the words of the Diggers of 1649, to make "the Earth a common treasury for all … not one lording over another, but all looking upon each other as equals in the creation". The tradition of resistance, the assertion of independence from the laws devised to protect the landlords' ill-gotten property, long pre-date and long post-date the Magna Carta. But today they scarcely feature in national consciousness.

I set off in lashing rain to catch a train home from Egham, on the other side of the hill. As I walked into the town, I found the pavements packed with people. The rain bounced off their umbrellas, forming a silver mist. The front passed and the sun came out, and a few minutes later everyone began to cheer and wave their flags as the Olympic torch was carried down the road. The sense of common purpose was tangible, the readiness for sacrifice (in the form of a thorough soaking) just as evident. Half of what we need is here already. Now how do we recruit it to the fight for democracy?

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There Are Spies Among Us, and There Shouldn't Be Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Tuesday, 17 July 2012 09:32

Excerpt: "Some slopes are not necessarily slippery, but some of them are luge runs, and this is one of them. If you allow one part of the executive branch - the intelligence community, let's say - to act beyond the Constitution, and you do so with such regularity that it seems to become the political status quo, well, then you license every department of the executive branch to behave the same way. And thus does the FDA take upon itself some of the essential functions and justifications of the CIA."

The FDA has conducted a wide-ranging surveillance operation against a group of its own scientists. (photo: Jason Reed/Reuters)
The FDA has conducted a wide-ranging surveillance operation against a group of its own scientists. (photo: Jason Reed/Reuters)



There Are Spies Among Us, and There Shouldn't Be

By Charles Pierce, Esquire Magazine

17 July 12

 

have a suggestion for the Constitutional Law Professor In Chief.

Knock off this scarifying pissantery. Today.

Outside of its embracing of some - but not all, god knows - of the Bush gang's more outre interpretations of the president's national-security powers, the one thing that could cause me to vote this fall for Dr. Jill Stein, my old fellow fencing parent, is the Obama administration's apparent mania for tracing down leaks, and the administration's increasingly clumsy attempts to explain why they're engaging in formalized Egil Krogh-isms when they get caught out. There is simply no excuse for the continuing treatment of Bradley Manning. Their attitude toward the reporter-source relationship in certain areas is downright alarming. And now this - the Food and Drug Administration has an apparent secret-police function.

Moving to quell what one memorandum called the "collaboration" of the F.D.A.'s opponents, the surveillance operation identified 21 agency employees, Congressional officials, outside medical researchers and journalists thought to be working together to put out negative and "defamatory" information about the agency.

I don't often play this card, but, if this came out during the Bush administration, you wouldn't be able to get some people off the ceiling with a crowbar. This is not about protecting "secrets." This is about squelching criticism, and using the powers delegated to you by the federal government to do so, regardless of the lame excuses offered by officials of the FDA. This is about spying on members of Congress - from both parties - who tried to exercise their legitimate oversight function.

While they acknowledged that the surveillance tracked the communications that the scientists had with Congressional officials, journalists and others, they said it was never intended to impede those communications, but only to determine whether information was being improperly shared.

And I am the czar of all the Russias.

Some slopes are not necessarily slippery, but some of them are luge runs, and this is one of them. If you allow one part of the executive branch - the intelligence community, let's say - to act beyond the Constitution, and you do so with such regularity that it seems to become the political status quo, well, then you license every department of the executive branch to behave the same way. And thus does the FDA take upon itself some of the essential functions and justifications of the CIA, as ludicrous as that sounds in theory. Over the past decade, the entire executive branch has become in some way police-ified. And again, if you allow that to become the way things are -"Mankind are disposed to suffer while evils are sufferable," Thomas Jefferson wrote in the Declaration Of Independence, "than to right themselves by abolishing the forms to which they are accustomed" - you normalize the instincts of authoritarianism both in the government, where they are always barely dormant, but, even worse, in the citizenry as well.

The intercepted e-mails revealed, for instance, that a few of the scientists under surveillance were drafting a complaint in 2010 that they planned to take to the Office of Special Counsel. A short time later, before the complaint was filed, Dr. Smith and another complaining scientist were let go and a third was suspended. In another case, the intercepted e-mails indicated that Paul T. Hardy, another of the dissident employees, had reapplied for an F.D.A. job "and is being considered for a position." (He did not get it.) F.D.A. officials were eager to track future media stories too. When they learned from Mr. Hardy's e-mails that he was considering talking to PBS's "Frontline" for a documentary, they ordered a search for anything else on the same topic.

Science dies without the free flow of information. The same can be said of democracy.


See Also: Reports From FDA Surveillance Operation

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GOP Kills Disclose Act and Leaves Voters in the Dark Print
Tuesday, 17 July 2012 09:29

Intro: "The Disclose Act was summarily executed via filibuster in the Senate last night. But this is one symbolic vote that mattered, because it offered at least an attempt to address the flow of hidden money into our elections."

Senate Minority Leader Mitch McConnell led a GOP filibuster of a bill to increase transparency of independent group spending in elections. (photo: AP)
Senate Minority Leader Mitch McConnell led a GOP filibuster of a bill to increase transparency of independent group spending in elections. (photo: AP)



GOP Kills Disclose Act and Leaves Voters in the Dark

By John Avlon, The Daily Beast

17 July 12

 

The Citizens United ruling assumed that transparency would prevent corruption - but the Supremes didn't count on Republicans killing the bill that would let that happen. By John Avlon.

he DISCLOSE Act was summarily executed via filibuster in the Senate last night. But this is one symbolic vote that mattered, because it offered at least an attempt to address the flow of hidden money into our elections.

But wait, you say - the promise of Citizens United was to balance unlimited money with unprecedented transparency. Well, brace yourself, but it hasn't quite worked out that way. In fact, the trade of cash for transparency has been undercut by a variety of vehicles, especially the use of 501(c)(4) "social welfare" organizations grafted onto super PACs that allow for anonymous donations and big-ticket expenditures that we won't see until the election is in the rearview mirror.

It was a discordant day for the GOP to kill the bill, coming just as their candidate Mitt Romney was launching a new attack on President Obama for allegedly benefitting campaign donors with federal contracts. But propose an actual solution to the problem? Break out the Emily Litella glasses and say "never mind."

Look, bringing up a bill that attempts to clear up this potentially half-billion-dollar loophole never had much chance of passing just four months before a presidential election. But it is still disappointing to see it go down in a 51-44 vote. Because back in 2000, a similar proposal to increase transparency in election donations enjoyed bipartisan support - and in the last congress, the DISCLOSE Act passed the House and received 59 votes in the Senate. This version of the bill would have impacted unions as well as trade associations and 501(c)(4)s in the future. It was a balanced bill that could have compelled more disclosure on both sides.

Originally, conservatives like Mitch McConnell who backed the money-is-speech position offered the consolation prize of radical transparency and instant disclosure for all election-related spending, including independent expenditures. But now such a proposal represents, in McConnell's words, an attempt to "protect unpopular Democrat politicians by silencing their critics and exempting their campaign supporters from an all-out attack on the First Amendment."

The sinister sounding (and intentionally misleading) rhetoric can't hide the decided shift in principle - which leads one to the not-so-surprising conclusion that it is not principle but the pursuit of power that determines positions in Washington. If you want to find what's really happening, just follow the money.

"This filibuster gives hypocrisy a bad name," said Michael Waldman, the president of the Brennan Center at NYU. "These same politicians were for the disclosure measure for years, until there was a chance it might actually pass. Now they are filibustering it."

Beyond the Kabuki theater of the reflexive filibuster is a serious problem that could have a determinative effect on the 2012 campaign. This election is going to be close, possibly coming down to two-to-four points in nine states. With those margins, even a half-million-dollar ad buy in a swing district can make a big difference, and it should not be too much to hope that at least local voters might know who is paying for the ads strafing their television sets.

That was the naive expectation of Justice Kennedy when he wrote in Citizens United that "with the advent of the Internet, prompt disclosure of expenditures can provide shareholders and citizens with the information needed to hold corporations and elected officials accountable for their positions and supporters."

Passage of the DISCLOSE Act could have helped make that vision something closer to a reality. Instead, it is as far away as ever, with millions of undisclosed dollars heading onto the airwaves and enriching partisan hacks in the process.

So yes, this vote on the DISCLOSE Act mattered. And the need for it will be even more apparent after the November election.

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The Sacredness of Life and Liberty Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=19507"><span class="small">George Lakoff and Elisabeth Wehling, Reader Supported News</span></a>   
Monday, 16 July 2012 16:13

Lakoff and Wehling write: "The issue really has been control - who controls reproduction, men or women? Hence, the prevalence of parental and spousal notification laws governing abortions."

Portrait, George Lakoff. (photo: Bart Nagel)
Portrait, George Lakoff. (photo: Bart Nagel)



The Sacredness of Life and Liberty

George Lakoff, Elisabeth Wehling, Reader Supported News

16 July 12

 

he New York Times, on June 5, 2012, reported that so-called "morning-after pills" work by preventing women's eggs from being fertilized, and not by preventing fertilized eggs from being implanted in the womb. The latest scientific findings show that "the pills delay ovulation, the release of eggs from ovaries that occurs before eggs are fertilized, and some pills also thicken cervical mucus so sperm have trouble swimming."

In short, morning-after pills do not operate on fertilized eggs at all. Why should this matter? Because many conservative Republicans, as well as the official Catholic Church, believe the metaphor that Fertilized Eggs Are People, and that preventing such egg-people from being implanted in the womb constitutes "abortion," and hence, in their view, baby-killing. The Times article correctly reports that "it turns out that the politically charged debate over morning-after pills and abortion, a divisive issue in this election year, is probably rooted in outdated or incorrect scientific guesses about how the pills work."

That's the truth. Does the truth matter?

It has now been six weeks since that report was made public. But there has been no call from conservative Republicans and the Catholic Church supporting the use of "morning-after pills" to prevent the murder of babies on the grounds that you can't murder babies who don't exist.

The point is clear. The truth doesn't matter.

The point was made over a decade ago in my (George Lakoff's) book Moral Politics, which observed that conservatives against abortion were not in favor of guaranteed prenatal or postnatal care for mothers and children. Such care is crucial in determining the health and survivability of the babies. In short, conservatives against such policies do not care about the well-being of the babies at all.

The issue really has been control - who controls reproduction, men or women? Hence, the prevalence of parental and spousal notification laws governing abortions. The abortion issue is really about male control in family life - and in society in general. It also involves the notion that women who engage in immoral behavior, such as sex with partners they do not seek to have children with, ought to bear the consequences of their actions as a "just punishment." To establish that control, both conservative Republicans and the Catholic Church propose taking a metaphor literally, that A Fertilized Egg Is A Person. Taking the metaphor literally allows for the claim that preventing abortions constitutes saving lives.

That this is a metaphor is clear. Imagine that you want to buy a horse. You pay for a horse, and what is delivered to you is a fertilized horse egg. You would probably feel cheated. You can't ride or race a fertilized horse egg. It isn't a horse. Even in Texas. You need a mare and a lot of development. A single cell isn't a horse, a cluster of undifferentiated cells (technically, a "blastocyst") isn't a horse, a cluster of differentiated cells isn't a horse, a horse embryo isn't a horse, and a horse fetus isn't a horse. You would feel cheated if you were sold any of them.

Why mention Texas? Because the Republican Party of Texas recently came out with its 2012 platform. The party proposes a ban on all means to prevent the development of a person, from single-cell to cell cluster, from cell cluster to embryo, from embryo to fetus, from fetus to person. It bans the prevention of development, whether abortion or the morning-after pill, calling for a Human Life Amendment to the Constitution and protection of cells and cell clusters under the Fourteenth Amendment. This means no freedom for families, couples, and rape victims to decide whether or not they need to allow the development of fertilized cells - or even the fertilization of unfertilized cells. They want to enshrine in the Constitution the metaphor that Cells Are People, in this case, Americans, which they see as protecting human life, and American life.

There is much that is wrong with this. First, cells and cell clusters (or "blastocysts") are not people.

Second, the GOP's policy does not protect American life at all. For example, arguing that this bill guarantees that "all innocent human life must be respected and safeguarded from fertilization to natural death" is nonsense. Real safeguarding of human life would involve measures that the Republican-dominated Texas legislature opposes: universal health care, a renewal of the Violence Against Women Act, protection against starvation, and a ban on poisonous food and environmental pollution in the name of corporate profit.

Specifically, it does not mean improved pre- and postnatal care, which could in fact save children's lives. The U.S. has a skyrocketing infant mortality rate, to great part due to lacking pre- and postnatal care. According to the 2011 United Nations World Population Prospects report, we rank number 34 in infant mortality. As a comparison, Japan (rank 3 on the list) has less than half as many infant deaths. By next year, the U.S. is expected to be 49 (according to the CIA World Factbook).

When couples want to have a child, the issue of development becomes paramount. Fertilization is not automatic. Sometimes artificial insemination techniques are needed. Even in normal cases, development is, or should be, monitored closely, with regular tests. Would-be mothers need to be very careful, since what happens in prenatal development matters. No alcohol. No drugs. Watch out for poisons like pesticides in foods. Eat carefully. Each stage of development is crucial. A child is not automatic. A child is a lot more than an egg, a blastocyst, an embryo, or a fetus. Development takes intention, effort, physical protection, and good health care.

The Texas GOP evokes the Cells Are Americans metaphor by referring to cells as unborn children. Based on this metaphor, human attributes are mapped onto cell clusters: people have feelings, people have constitutional rights, people can be crime victims, people can experience physical pain, and so on.

The Texas GOP then extends the metaphor to constitutional rights, requesting "total Constitutional rights for the unborn child." It extends it to victimhood in urging the State to "consider the unborn child as an equal victim in any crime, including domestic violence." This means that a young woman who is raped by her father or uncle will be kept from stopping cell development in her body. The same Crime Victim Frame is used by the Texas GOP to prevent surrogate pregnancies, calling the commonplace practice "human embryo trafficking" and asking for a ban on it.

The notion of a crime victim, of course, implies the ability to experience mental or physical pain, afflicted by a villain. The GOP introduces this notion by supporting legislation that requires doctors to "provide pain relief" for cells and cell clusters during abortion.

Here's what progressives need to do: Never use the Cells Are People metaphor, even in arguing against conservative policy. Never use the term baby or unborn child to refer to a blastocyst, embryo, or fetus.

Stop using the term abortion. It has misleading properties. When we speak of "aborting a mission," the mission was intentional and planned, and the original idea was to bring it to an end state. What happens with an unwelcome pregnancy is nothing like this. The pregnancy was not intentional, not planned, and there was never any intention of bringing it to an end state. Rather, what is desired is development prevention, keeping any development from happening. That development can be prevented at many stages, from unfertilized cells (via morning-after pills), to blastocyst to embryo, from embryo to fetus, from fetus to a non-fully-formed-human, to an unviable human (one that can't live outside the womb). The earlier the development prevention, the better for the woman.

Never use the expression partial birth abortion. It's a conservative political tool, not a medical reality. Here's the Texas GOP in its 2012 platform: "We oppose partial birth abortion." The term was invented by a hired, conservative language professional. The image is grisly, and that was the point. But no such thing exists. The medical condition it is supposed to represent is one where a potential child cannot survive, either because it has no brain, or because of some other equally awful condition. And usually, the mother's life is at risk. This has nothing to do with either giving birth or with more common reasons for preventing development.

Whenever possible, avoid the term morning-after pill. It evokes a prototypical frame of immoral behavior, bad decision-making, the inability to "just say no" at a party or during a date. It excludes the fact that the treatment can help rape victims prevent development, be used in cases where other birth control methods failed, and so on.

Never evoke the Consumer Frame. It has been introduced to the debate by the term Pro-Choice, and is now used everywhere. For example, in the GOP's 2012 platform, where a decision for development prevention is labeled as a woman ordering an abortion, as if she were shopping. The frame hides the fact that such decisions are never made easily and are commonly made by men and women, and often their families, together.

The reason not to use the above language is that it can both hide reality and does not adequately communicate the moral values that underlie progressive policy. The right to limit development is a matter of liberty and family freedom.

First of all, all of the issues above concern men as well as women. Remember, 100 percent of all pregnancies are caused by men, and a child implies lifelong involvement for the man as well as the woman.

Describing pregnancies and development prevention as women's issues hides that fact. Additionally, in violence against women such as rape, the man is the issue. We need to get over the idea that these are women's issues.

For many women the issue of preventing a pregnancy is a matter of liberty, of the freedom to live your life as you want. You can think of it as a pro-liberty issue. It is also a matter of having the family that makes sense to you, and so it is a pro-family issue, a matter of Family Freedom, the freedom to plan your own family.

Women seeking freedom have always, and will always, seek to control development of life within their bodies. Where there have been laws against this, there have always been back-alley abortions, which are dangerous and have led to the maiming and death of women.

Furthermore, protecting human life is a real issue in the United States. Protecting human life is one of the moral mandates of government. The lives and health of infants, children, and mothers - as well as all other Americans - should be protected through accessible and improved health care, pre- and postnatal care, a ban on poisonous food and environmental pollution, a renewal of the Violence Against Women Act, and so on. Even in Texas.


Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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The Romney 'Fact-Checking' Scandal Print
Sunday, 15 July 2012 16:03

Parry writes: "Mitt Romney cites 'independent fact-checkers' to spare him from having to explain exactly what he did with Bain Capital after February 1999. But those 'fact-checkers' are covering Romney's political flanks."

Mitt Romney at the NAACP convention in Houston, 07/11/12. (photo: Reuters)
Mitt Romney at the NAACP convention in Houston, 07/11/12. (photo: Reuters)



The Romney 'Fact-Checking' Scandal

By Robert Parry, Consortium News

15 July 12

 

elf-styled "independent fact-checkers" at the Annenberg Center and the neoconservative-dominated Washington Post have positioned themselves as ardent defenders of Mitt Romney's claims that his Bain Capital tenure ended in 1999 despite questions raised by contradictory information submitted by Romney himself.

Indeed, the behavior of these "fact-checkers" is rapidly becoming the journalism scandal of Campaign 2012 as the likes of Brooks Jackson at Annenberg's FactCheck.org and the Post's Glenn Kessler act more as querulous lawyers protecting Romney than as journalists seeking the actual facts surrounding Romney's curious business narrative.

Much as the Post's Ceci Connolly and the New York Times' Katharine Seeyle engaged in aggressive - and dishonest - journalism to portray Vice President Al Gore as a serial liar during Campaign 2000, Jackson and Kessler are performing a similar role in portraying President Barack Obama and his campaign officials as liars now. [For the history, see Consortiumnews.com's "Al Gore v. the Media" or Neck Deep.]

Yet, despite the pro-Romney protectiveness from Jackson and Kessler, the questions raised by the Obama campaign and a number of journalists about Romney's dubious claims are clearly legitimate. These questions about whether Romney completely divorced himself from his venture capital firm when he rushed off in February 1999 to head the Winter Olympics stem, in large part, from public disclosures that Bain Capital filed with the Securities and Exchange Commission.

For instance, one summary of Bain investments via Bain Capital Fund VI, dated Feb. 13, 2001, lists Romney as "the sole shareholder, sole director, Chief Executive Officer and President of Bain Capital and thus is the controlling person of Bain Capital."

Yet, in his presidential campaign disclosure form in 2011, Romney declared that he "has not been involved in the operations of any Bain Capital entity in any way" after leaving Boston for Salt Lake City, Utah, and the Olympics job on Feb. 11, 1999. Jackson and Kessler treat Romney's bald assertion as fact despite the conflicting evidence.

There are also logical questions that any journalist worth his or her salt would ask: "Mr. Romney, does your claim mean you had no contact with your former Bain associates by telephone, e-mail or in person in that time frame? Did you really build a Chinese Wall between yourself and your company?"

Common sense would tell you that Romney did have conversations with his long-time subordinates. There was no legal reason not to, and he was involved enough to sign some of the SEC forms listing him as the person in charge. (Only later, after it became clear that Bain-related plant closings and job outsourcing after February 1999 were a political liability, did Romney start insisting that his separation had been total.)

If Romney now confirms that he had some contacts with Bain executives, the next questions would be when, what, why and with whom. Are there e-mail messages or memos that could be examined? So, instead of offering those kinds of details, he cites the work of these "independent fact-checkers" to shield him from the inquiries.

TV Excuses

It was a startling aspect of Romney's brief round-robin interviews with five TV networks on Friday that he was allowed to skate away with squirrelly responses to these questions.

For instance, in the NBC interview, correspondent Peter Alexander asked, "after February 1999 you never attended a single meeting for Bain, a business meeting, even by phone, attending a meeting regarding Bain or Bain-controlled entities?"

Calm and collected with a patronizing smile on his face, Romney responded: "You've got quite a few questions there, so let's go through them. I didn't involve myself in any way with Bain Capital's enterprise after February 1999."

Alexander followed up: "Not participating in a single meeting either in person or by phone?"

Romney answered: "I can't recall a single meeting or a single participation in an investment decision by Bain or personnel decision."

Even if Romney's answer could be technically true - and it contradicts what Romney told the Boston Herald when he headed off to Utah with his stated intent to "stay on as a part-timer with Bain, providing input on investment and key personnel decisions" - there are many other business-related topics not covered by Romney's narrow denial.

Romney also is hair-splitting when he references Bain "entities" in his federal campaign disclosure. While the average reader might think Bain's investments would fall under this "entities" rubric, Romney apparently is excluding his board membership on behalf of Bain at companies in which Bain held major interests, such as Staples and LikeLife.

On that point, Annenberg's FactCheck.org bends over backwards into a protective crouch for Romney, saying, "We think the term 'Bain Capital entity' on Romney's disclosure forms could only refer to Bain's various investment funds, not to companies in which it invested." Gee, how understanding of you!

Missing Hours

These "independent fact-checkers" also show little curiosity about discrepancies over how much time Romney was allegedly working during this time period.

FactCheck.org accepted self-serving accounts about Romney working 16-hour days, seven days a week, after he arrived in Salt Lake City. But Kessler instead cites Romney's statement to a Massachusetts election board that - as head of the Winter Olympics - he "worked, on average, over 12 hours per day, 6 days per week." One might wonder where the missing 40 or so hours went.

But the two "fact-checking" teams appear more interested in shutting off lines of inquiry about Romney's work at Bain Capital than in getting to the bottom of the many mysteries. Kessler even takes the position that it's no big deal to file false SEC forms.

"There is a journalistic convention that appears to place great weight on 'SEC documents,'" Kessler wrote. "But these are public filings by companies, which usually means there are not great secrets hidden in them. The Fact Checker [i.e. Kessler], in an earlier life covering Wall Street, spent many hours looking for jewels in SEC filings."

Though it's hard to judge how inept Kessler was in examining SEC documents, I spent four years editing securities-regulation coverage for Bloomberg News and some of our reporters were quite adept at mining the filings for nuggets. It's also an area where companies must tell the truth, with minimum spin, or face serious consequences.

Many corporate executives, at places like Enron and WorldCom, went to jail, in part, for filing false or misleading disclosure documents. It is indeed a potential felony to knowingly sign and submit SEC records with materially false information, such as telling potential investors that a person is in charge when the person is not in charge.

One of the "great secrets" hidden in SEC filings should not be that the guy listed as CEO isn't really the CEO.

Whether a criminal case can be built upon Bain Capital's admittedly false filings may be open to question - given statutes of limitations and other issues - but it's hard to understand how "fact-checkers" would take such a forgiving view of a politician signing false and misleading documents.

What does it say about Mitt Romney that he would repeatedly sign legal documents that contained information that he knew to be untrue - and why would "fact-checkers" defend him for doing so.

But FactCheck.org's Jackson and the Post's Kessler treat these transgressions with a "boys will be boys" casualness, almost as if one is supposed to rally to the defense of well-bred white men who run powerful private-equity firms and have lots of money.

Kessler wrote that he "concluded that much of the language saying Romney was 'sole stockholder, chairman of the board, chief executive officer, and president' was boilerplate that did not reveal whether he was actually managing Bain at the time." Yet, whether "boilerplate" or not, the filings were false and/or misleading.

Kessler even adds that "there is no standard definition of a 'chief executive,' securities law experts say, and there is no requirement for anyone to have any responsibilities even if they have that title." Oh, really? Here's how Investopedia (a reference source that Kessler has cited in the past) defines a "chief executive officer":

"The highest ranking executive in a company whose main responsibilities include developing and implementing high-level strategies, making major corporate decisions, managing the overall operations and resources of a company, and acting as the main point of communication between the board of directors and the corporate operations. The CEO will often have a position on the board, and in some cases is even the chair."

To claim repeatedly over a period of more than two years that someone was the CEO - and thus the "controlling" person - if that were not true represents what many securities regulators would call a "material" deception.

Though Bain did file some documents without reference to Romney, as Kessler notes, that does not and should not absolve the firm or Romney from responsibility for filing others with what they now say is false information.

A Different Tone

While devising endless excuses for Romney and his Harvard Business School buddies, these same "independent fact-checkers" heap scorn on the African-American president and his campaign for daring to raise these impertinent questions about the much-admired Romney.

Annenberg's FactCheck.org mocked a six-page letter from Obama's campaign with the flippant response, "your complaint is all wet." In giving Obama "three Pinocchios" for pointing out the discrepancies in Romney's Bain story, Kessler said he spared Obama a fourth Pinocchio (a total "whopper") with the grudging admission that "there is grey area" regarding Romney's last few years at Bain Capital.

In a larger sense, however, this issue of exactly when Romney left Bain is a ruse, a diversionary line of defense that Romney has been building since he ran for Massachusetts governor in 2002. The reason for this ever-expanding moat is that it lets Romney deny responsibility for Bain-related plant closings and off-shoring of jobs that occurred from 1999 to 2002.

But the key question is not when Romney left but who set in motion the strategies that led to the plant closings and the job off-shoring. It was Romney who pulled the trigger on investments in companies whose business model involved facilitating these actions for other companies.

For instance, as Washington Post investigative reporter Tom Hamburger explained in a front-page story on June 21, Romney's venture capital firm "owned companies that were pioneers in the practice of shipping work from the United States to overseas call centers and factories making computer components."

In other words, Bain Capital wasn't just investing in companies that shipped jobs overseas themselves, Bain owned companies that were trailblazing the practice of outsourcing American jobs to low-wage companies like China and India. The story said:

"A Washington Post examination of securities filings shows the extent of Bain's investment in firms that specialized in helping other companies move or expand operations overseas. …

"Bain played several roles in helping these outsourcing companies, such as investing venture capital so they could grow and providing management and strategic business advice as they navigated this rapidly developing field."

A Lucrative Foray

As Hamburger reported, "Bain's foray into outsourcing began in 1993 when the private equity firm took a stake in Corporate Software Inc., or CSI, after helping to finance a $93 million buyout of the firm. CSI, which catered to technology companies like Microsoft, provided a range of services including outsourcing of customer support. Initially, CSI employed U.S. workers to provide these services but by the mid-1990s was setting up call centers outside the country.

"Two years after Bain invested in the firm, CSI merged with another enterprise to form a new company called Stream International Inc. Stream immediately became active in the growing field of overseas calls centers. Bain was initially a minority shareholder in Stream and was active in running the company, providing 'general executive and management services,' according to SEC filings. …

"The corporate merger that created Stream also gave birth to another, related business known as Modus Media Inc., which specialized in helping companies outsource their manufacturing. … Modus Media grew rapidly. In December 1997, it announced it had contracted with Microsoft to produce software and training products at a center in Australia. Modus Media said it was already serving Microsoft from Asian locations in Singapore, South Korea, Japan and Taiwan and in Europe and the United States."

All those events occurred while Romney acknowledges that he was the hands-on CEO at Bain Capital. Hamburger also describes continuation and expansion of these outsourcing activities after February 1999. But those activities were simply an extension of what Romney had started.

To pretend that there was some bright line between the "good" Bain Capital before February 1999 and the "bad" Bain Capital afterwards is downright silly. It is even sillier for "independent fact-checkers" to suggest that Romney had no responsibility for what his own company did.

If these supposed "fact-checkers" really cared about facts, perhaps they would use their new status as Romney's favorite defenders to ask the Republican presidential candidate to release Bain Capital's internal records that would show whether he did or did not have any contacts with his subordinates after February 1999.

The "fact-checkers" might also press him to release his tax returns. So far, all they have done is throw brickbats at others who have tried to raise questions regarding the vetting of a man who wants to be President of the United States but doesn't want to tell the American people much about how he earned his money or even where it is.



Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, "Neck Deep: The Disastrous Presidency of George W. Bush," was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, "Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq" and "Lost History: Contras, Cocaine, the Press & 'Project Truth'" are also available there.

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