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How the GOP Flipped and Stripped Yet Another American Election Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36753"><span class="small">Bob Fitrakis and Harvey Wasserman, Reader Supported News</span></a>   
Sunday, 20 November 2016 09:15

Excerpt: "Hillary Clinton has won the popular vote in the 2016 presidential election by well over a million votes. But her impending defeat in the Electoral College comes with familiar signs that yet another American election has been stripped and flipped."

Voting rights. (photo: Chip Somodevilla/Getty Images)
Voting rights. (photo: Chip Somodevilla/Getty Images)


How the GOP Flipped and Stripped Yet Another American Election

By Bob Fitrakis and Harvey Wasserman, Reader Supported News

20 November 16

 

illary Clinton has won the popular vote in the 2016 presidential election by well over a million votes.

But her impending defeat in the Electoral College comes with familiar signs that yet another American election has been stripped and flipped.

This article presents a comprehensive overview of how it was done, and a brief summary of how our electoral system needs to be changed to make sure it doesn’t happen again.

The primary indicators of the massive election theft are by now familiar. They include the realities of pre- and post-election polling; the massive stripping of primarily black, Hispanic, Muslim and Asian-American voters from computer-generated registration rolls mostly maintained by private, partisan companies; unverifiable “black box” electronic voting machines and central tabulators, also mostly manufactured and maintained by private corporations; and much more.

Were this election held in any other country, the US State Department and independent monitors from around the world would denounce it as a fraud and contemplate international intervention.

What follows only begins to scratch the surface:

The Electoral College

Much is finally being said about the Electoral College, with new popular demands for its abolition. Clinton is about to become the sixth presidential candidate to win a legitimate majority but lose the presidency. It also happened in 1800, 1824, 1876, 1888, and 2000. Nearly 15% of our 45 presidents have been “selected” with the denial of the public will through an institution established in large part to enhance the power of slaveowners.

In February, 2013, at progressive.org, we joined the multitudes throughout our history in calling for the Electoral College’s abolition:

It will take a Constitutional Amendment, and a hell of a lot of work, to abolish this corrupt anachronism. But unless we want to see an endless succession of George W. Bushes in the White House, something had better be done – and quick.

The consequences of inaction are all too clear.

Computerized Jim Crow Stripping of Voter Registration Rolls

US elections have been defined throughout history by a divide-and-conquer strategy of racial manipulation. As we outline in our new Strip & Flip Death of American Democracy (freepress.org/solartopia.org): chattel slavery, the Constitution’s “three-fifths bonus,” Jim Crow segregation, third world imperial conquest, and the Drug War have all played a role in denying African-American/Hispanic/Asian-American citizens their right to vote. From the foundation of the Republic, this disenfranchisement has defined the balance of power.

In recent years, the disenfranchisement has been most importantly done by the Republican Party, and by computer. As investigative reporter Greg Palast has shown in his book/movie The Best Democracy Money Can Buy (www.gregpalast.com), in 2000 Florida governor Jeb Bush used a program called ChoicePoint to strip more than 90,000 predominantly black and Hispanic citizens from the voter registration rolls in an election decided by 537 votes. The pretext was alleged felony convictions. The selection was “won” by Bush’s brother George W., although a full recount (which was stopped 5-4 by the US Supreme Court in its infamous Bush v. Gore decision) would have given Al Gore the majority in Florida, and in the Electoral College.

As we have reported from Columbus, in 2004 more than 300,000 predominantly urban citizens were stripped from the voter registration rolls in an election the GOP won by 118,775. A quarter of all voters in heavily Democratic Cleveland were de-registered. Ohio’s ill-gotten electoral votes gave George W. Bush a second term. This became the only time in US history an entire state’s Electoral College delegation was challenged on the floor of the US Congress.

This year, Palast has reported that a new program called Crosscheck has been used by some 30 GOP secretaries of state to strip more than 1.1 million predominantly black, Hispanic, Islamic, and Asian-American citizens from the voter rolls.

Originating with far-right Republican Kris Kobach, Kansas’s secretary of state, Crosscheck eliminated more than enough minority voters in at least three swing states to flip the entire presidential election.

Palast has reported that Ohio’s GOP secretary of state Jon Husted also used Crosscheck to eliminate some 497,000 mostly black, Latino, and African-American citizens from the voter rolls in Ohio, falsely accusing them of registering in more than one state. Such eliminations went on throughout the US.

According to Reuters, over the past five years Husted himself has stripped some two million citizens from the voter rolls in Ohio, even without Crosscheck, with Democratic areas twice as likely to be stripped as Republican ones. Reuters writers Andy Sullivan and Grant Smith point out that the neighborhoods that most heavily backed President Obama lost the most voters. In heavily Democratic Cleveland, Columbus, and Cincinnati, they report, Democrat-leaning areas were purged at twice the rate as Republican ones.

The mass disenfranchisement also impacted races for the US Senate. If not for the usual “irregularities,” at least four Democrats would likely have won seats (in Florida, Pennsylvania, Wisconsin, and Missouri) that they officially lost. Similar results are evident from 2014 Senate races in North Carolina, Colorado and Alaska. Thus in the past two years, mass disenfranchisement and computerized vote stripping may well have flipped seven Upper House seats from the Democrats to the GOP.

Thus the electronic race-based stripping of voter rolls in the GOP’s favor has probably on its own taken to the far right the presidency, control of the US Senate, and ultimately the US Supreme Court.

It should be noted that out of disgust with Donald Trump, the GOP multi-billionaire Koch Brothers shifted much of their massive financial weight from the presidential race to Congressional and other “down-ballot contests,” where these key Senate seats and others in the US House and state governments were almost certainly impacted.

Traditional Jim Crow Stripping of Voter Registration Rolls

Alongside computerized techniques, the Republicans have effectively deployed still more traditional Jim Crow tactics to strip black/Hispanic/Asian-American/Muslim citizens of their ability to vote, many of which have been delineated in the New York Times.

In part these include: demands for photo ID, elimination of polling places, narrowing time frames in which citizens can vote, deliberate distribution of misinformation about voting requirements, non-counting of provisional ballots, failure to send out absentee ballots, intimidation and widespread confusion at polling places, and much more.

Throughout the corporate media, the obligatory hand-wringing about a drop in voter turnout invariably avoids the obvious cause of race-based restrictions that make it harder to vote, selective limitations on when citizens can vote, and targeted reductions in where they can vote.

In its 2013 Shelby County vs. Holder decision, the US Supreme Court gutted protections provided by the 1965 Voting Rights Act, opening the floodgates for such Jim Crow abuse throughout the electoral system.

Numerous reports indicate that citizens were often confronted with photo ID requirements even where they were voided by the courts. As in Ohio 2004, reports indicate many citizens were directed by official websites to polling places that did not actually exist. This year Ohio secretary of state Jon Husted failed to distribute more than 1,050,000 absentee ballot applications to citizens entitled to them.Husted also waged a relentless war against early voting periods, such as “souls to the polls” Sundays, that encouraged African-Americans to vote. He also worked hard to strip out polling stations from urban areas.

In Wisconsin, which Trump allegedly carried by about 27,000 votes, some 300,000 registered voters lacked required photo ID. According to Ari Berman’s “Did the Republicans Rig the Election?” appearing in The Nation, Wisconsin’s turnout was the lowest in two decades. That includes a drop of 52,000 in heavily African-American Milwaukee, nearly twice Trump’s margin of victory in the entire state.

According to a report by Richard Hayes Philips, extremely high turnouts for Trump in rural areas of Wisconsin “are not credible.” Among other things, the vote counts in five Republican towns exceed the number of registered voters. (www.freepress.org)

On election day, media throughout the US reported the kinds of mass delays and confusion that defined the elections of 2000 and 2004. According to Berman, there were 868 fewer polling stations in Arizona, Texas, and North Carolina alone, accompanied by a notable drop in African-American turnouts. According to Berman, 14 states imposed new restrictions on voting. Three of them – Wisconsin, Indiana and Ohio – were never before under federal Voting Rights Act supervision.

Said The New York Times: “Voters nationwide endured long waits in line, malfunctioning voting machines, ill-informed poll workers and a litany of lesser annoyances on Tuesday with scattered reports that some voters gave up trying to cast ballots.”

David Becker, the Executive Director of the Center for Election Innovation, told the Times, “There are scattered indications of machine breakdowns that are being addressed.”

A typical description has been provided by Steven Rosenfeld, writing at Alternet about the “Democratic epicenter” in Durham County, North Carolina:

the state’s voter registration database and e-poll books tied into it were down, prompting long lines, delays and necessitating people fill out provisional ballots. The data was also scrambled, with voter rolls in the wrong locations, people tagged as voting when they had not, and people not on lists even though they had their state registration cards.

In an editorial the day after the election, the Times lamented that in North Carolina “The state’s Republican Party issued a news release boasting that cutbacks in early voting hours reduced black turnout by 8.5% below 2012 levels, even as the numbers of white early voters increased by 22.5%.”

Throughout the US, voters with “problems” in their registration are routinely given provisional ballots, which are allegedly to be counted later. But the forms are often impossibly complex, with poll workers often failing to count them at the sight of a single minor error, such as writing below a line, omitting a middle initial, failing to include a birthday and much more. Ohio secretary of state Husted won the right from the US Sixth Circuit Court of Appeals to not count provisional ballots that contain a minor mistake. Thus tens of thousands of provisional ballots have been routinely left uncounted, unbeknownst to the voters. More than 115,000 provisional and “spoiled” ballots from Ohio’s 2004 election remain uncounted.

Often absurd discrepancies have become normalized. In 2004 hundreds of mostly Democratic Native Americans allegedly cast ballots on their New Mexico reservations without signifying a choice for president. This year in North Carolina, Trump and the GOP’s US Senate candidate allegedly won by nearly 200,000 votes while the incumbent Republican governor was allegedly defeated (he’s demanding a recount). In Michigan, tens of thousands of voters allegedly filled out their entire ballots but somehow left the presidential choice vacant in a race essentially too close to call.

Polling Indicators

In the lead-up to November 8, pre-election polls strongly indicated a Clinton victory. Post-election exit polls showed her winning as well, most critically in the swing states whose Electoral College votes could have given her the presidency.

Exit polls are the accepted international standard for indications of election fraud and vote tampering. Eric Bjornlund and Glenn Cowan’s 2011 pamphlet “Vote Count Verification: a User’s Guide for Funders, Implementers and Stakeholders” was done under the auspices of Democracy International for the US Agency for International Development (USAID). It outlines how exit polling is used to ensure free and fair elections.

It adds that “U.S-funded organizations have sponsored exit polls as part of democracy assistance programs in Macedonia (2005), Afghanistan (2004), Ukraine (2004), Azerbaijan (2005), the West Bank and Gaza Strip (2005), Lebanon (2005), Kazakhstan (2005), Kenya (2005, 2007), and Bangladesh (2009), among other places.”

In countries like Germany and Switzerland, which use hand-counted paper ballots, exit polls are accurate to a margin error of less than 1%.

Here the 2016 exit polls were paid for by a major corporate media consortium, as has been standard practice for years. Here they are designed to reflect the actual vote count within a 2% margin of error nationally.

But in the US, if exit polls don’t agree with official vote counts, they are regularly “adjusted” to conform to official results, no matter how implausible. This makes fraudulent elections appear legitimate.

During this year’s Republican primaries, unadjusted exit polls confirmed official vote counts in all cases. In the Democratic primaries, unadjusted exit polls significantly varied from the official outcome in 12 of 26 primaries. All the errors went in Hillary Clinton’s favor in her race against Bernie Sanders. This is a virtual statistical impossibility and suggests a rigged vote count.

In the general election against Donald Trump, things went the other way. In 24 of 28 states, unadjusted exit polls also showed Clinton with vote counts significantly higher than the final official outcome. The likelihood of this happening in an election that is not rigged are in the realm of virtual statistical impossibility.

In fact, based on the exit polls, the odds against such an unexplained “Trump Shift” are one in 13,110 presidential elections.

For example, Ohio’s exit polls showed Trump and Clinton in a dead heat – 47 percent for Clinton to 47.1 for Trump. Officially, Trump won with 52.1 percent of the vote to Clinton’s 43.5 percent. This unexplained and unexpected 8.5 percent shift for Trump is mathematically impossible.

The exit polls also showed Clinton winning in Florida.But an unaccounted for 2.5 percent shift to Trump gave him a victory that was a virtual statistical impossibility. Similar numbers abide in Pennsylvania and North Carolina.

Given the prevalence of other Jim Crow tactics, it’s likely the exit polls were impacted by non-white voters in all the key swing states who were given provisional ballots (or they voted electronically) leading them to believe their votes were being counted, even though they were not.

In key Senate races in Florida, Pennsylvania, Wisconsin and Missouri, exit polls also showed Democratic candidates winning by statistically significant margins, but then losing the official vote count.

In 2014, Senate races in North Carolina, Colorado, and Alaska ended with exit polls also showing Democratic Senate candidates winning the popular vote, while ultimately losing the official vote count. The odds against this happening in two consecutive elections that are not rigged are also astronomical.

The tendency of such official outcomes to slide to the GOP after showing “blue” for Democrats in the exit polls is more fully documented by Jon Simon in his definitive book CODE RED. Simon coined the phrase “Red Shift” and discusses what has once again become a dominant factor in a presidential election claimed by the Republicans at OpEdNews.

Electronic Flipping

The vast majority of the popular votes in this election nationwide were cast on either computerized touch-screen electronic machines, or on Scantron ballots that are counted by computer. In neither case are there public monitoring capabilities or legal recourse for vote counts that are flipped.

In 2016, as in all previous US elections at least since 2000, the electronic vote count remains anyone’s guess. In states with a governor and secretary of state from the same party, the final tally can be whatever they want it to be.

Such techniques were used in Florida 2000 and Ohio 2004 to strip voter rolls and flip George W. Bush into the White House. More than 90,000 black/Hispanic voters were disenfranchised by Gov. Jeb Bush (George’s brother) in a Florida election officially decided by 537 votes. More than 300,000 primarily black/Hispanic voters were stripped from voter rolls in an Ohio 2004 election officially decided by 118,775.

In Florida’s 2000 presidential election, 16,000 votes cast for Gore in Volusia County were electronically subtracted and 4,000 were credited to Bush, giving him a leg up on the evening’s vote count. This caused Fox News commentator John Ellis (Bush’s first cousin) to call the election for the GOP.

In Ohio 2004, John Kerry was shown winning the election by 4.2%, more than 200,000 votes, at12:20 a.m. Then the electronic vote count ceased. At2 a.m.,a Bush lead began to emerge, somehow reaching 2.5%. The 6.7% flip is a virtual statistical impossibility.

All of this was done by private contractors working for the company SmarTech, based in Chattanooga, Tennessee. The key information technology specialist in charge of the vote count was Michael Connell, an Akron-based associate of the Bush family, who was hired by the Ohio secretary of state with a no-bid contract to supervise the state’s official vote count. Connell later died in a mysterious plane crash after being deposed in federal court.

The fact that electronic voting machines cannot be monitored was voted a Most Censored story in 2016, with a key interview with co-author Harvey Wasserman appearing on Amy Goodman’s “Democracy Now!

Computer “Black Box Voting” specialist Bev Harris, who uncovered the electronic vote flipping in Florida 2000, has warned this year that a method of “fractionated voting” could have been easily used to manipulate electronic vote counts. The manipulation could be done by secretaries of state in conjunction with partisan for-profit corporations in ways that are virtually impossible to detect, and simply not open to legal challenge. According to Harris, this “fraction magic,” used in counties’ central tabulators, could have flipped hundreds of thousands of votes.

In Ohio this year, a new generation of electronic vote scanning machines makes it possible to retrieve electronic images of ballots that have been cast on paper in the order that they were cast. These machines come with an audit log that would detect any illegitimate vote changes by central tabulators.

But Secretary of State Husted opted to allow local election boards to leave both security functions – the audit log and the image scanners – turned off. Co-author Bob Fitrakis sued in the Franklin County Court of Common Pleas to have the monitoring functions turned on. But Judge David Cain ruled on Election Day that the election officials need not turn on those security features, leaving the public with no way to monitor the outcome. (A similar lawsuit filed in Arizona by election protection activist John Brakey actually succeeded.)

Such problems are built into the system nationwide. In Pennsylvania, for example, Rosenfeld reports that “16 counties are still using aging countywide tabulators which” are easily hacked and “use old versions of Microsoft operating systems, which have security vulnerabilities that have never been fixed.”

Throughout the US, including the swing states that will decide the presidential outcome in the Electoral College and states that have increased the GOP margin in the US Senate, the entire vote count remains an electronic mystery.

VR Systems, based in Tallahassee, handles registration records in Florida and more than a dozen other states. It was hacked prior to the election, possibly by Russians. Indeed, much finger-pointing against alleged Russian electronic intruders still goes on. But there are more than enough open portals into our electronic voting system to let domestic hackers easily flip an election.

Sources cited by Rosenfeld say Clinton won only those Wisconsin counties with paper ballots, while losing those with a mix of paper and machine voting by 1-2%, and those with only machines only by 10-15%.

Those results echo outcomes in New Mexico 2004, where Kerry won all precincts with hand-counted paper ballots and lost all those with machines, a reality he personally noted in a post-election conference call.

Millions of dollars would be required to do meaningful recounts in states like Wisconsin, which may well have legitimately gone for Clinton and chosen a Democratic US Senator. Michigan’s 4,800 precincts could cost up to $125 each to recount. The impact of such recounts, even if they show Clinton winning, would then be up for grabs.

So did the GOP strip and flip the 2016 election?

Let’s count the ways:

There is no doubt that Hillary Clinton won America’s popular vote by more than a million votes.

That popular vote victory will be reversed in an Electoral College originally designed to enhance the power of slaveowners and now being used for the sixth time to deny the White House to the rightful winner.

There is no doubt that more than enough black, Hispanic, Islamic and Asian-Americans were electronically stripped from the voter registration rolls by Crosscheck and other means to have given Clinton victories in those swing states that would have swung the Electoral College in her favor.

There is no doubt additional Jim Crow tactics meant to further disenfranchise black/Hispanic/Asian-American voters – such as stripping away voting times and precincts, denial of absentee ballots, non-counting of provisional ballots, and much more – stripped Clinton of hundreds of thousands of additional legitimate votes.

There is no doubt exit polls showed her winning in more than enough states to have given her a victory in the Electoral College. They also indicated a seven-seat swing in the US Senate in 2014 and 2016, more than enough to give the GOP control of the US Supreme Court.

There is no doubt that the election was largely conducted on electronic machines, and with electronically-counted Scantron ballots that are completely beyond public accountability. These voting machines are run on secret, proprietary corporate software to which the public is not allowed access.

As in 2000 and 2004, the actual final vote count once again resides in black box machines controlled by private corporations, GOP governors, and secretaries of state, whose ability to easily hack and flip the official outcome cannot be monitored or brought to accountability. In at least one state (Ohio) the GOP took legal action to prevent the public from gaining potential access to the electronic vote count ... and won!

There is also no doubt that had this election been conducted as it was in virtually any other country, the civilized world would have denounced it as completely unreliable and almost certainly false. Had it been in our “national interest” to do so, American troops would have poured in to “restore democracy” after such an obviously rigged charade.

Throughout the campaign, GOP candidate Trump cleverly complained of a “rigged election.” He continually warned of innumerable non-whites and Muslims voting multiple times for Hillary Clinton.

Of course the opposite happened. Hundreds of thousands of non-white citizens were systematically denied their right to vote. Since even that wasn’t enough to elect Donald Trump, the Electoral College will once again deny democracy. And thanks to the dark magic of electronic voting machines, we will never really know 2016’s true vote count.

Today’s most tangible tragedy is what may soon unfold in this country.

But the underlying nightmare is that this has been done before, that we’ve known about stripped and flipped elections for at least sixteen years, and that nothing has been done.

If anything, due to the spread of electronic voting machines, our electoral system is more corrupt and less accountable than it was in 2000, when the GOP first stripped and flipped George W. Bush into the White House.

We advocate universal automatic voter registration, transparent voter rolls, a four-day national holiday for voting, universal hand-counted paper ballots, abolition of the Electoral College, an end to gerrymandering, a ban on corporate money in politics.

There’s much more. But until we win those basics, democracy in America is an illusion ... as is our chance to survive on this planet.



Bob Fitrakis & Harvey Wasserman are co-authors of the upcoming The Strip & Flip Disaster of America’s Stolen Elections: Five Jim Crows & Electronic Election Theft. at www.freepress.org and www.solartopia.org, where Bob’s Fitrakis Files and Harvey’s Solartopia! Our Green-powered Earth are also available.

Critical charts from Ron Baiman are also available at http://columbusfreepress.com/article/did-gop-strip-flip-2016-selection.

Special thanks to Lori Grace and Mimi Kennedy.

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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7 Big Areas Where Jeff Sessions Could Change Policy at DOJ Print
Sunday, 20 November 2016 09:13

Vinik writes: "Sen. Jeff Sessions was an instantly divisive figure when President-elect Donald Trump named him as his next attorney general: conservatives and immigration hardliners welcomed the choice, while civil-rights groups and Democrats spent the day attacking the pick, with Sen. Elizabeth Warren saying his selection would be a 'compromise with racism.'"

Jeff Sessions. (photo: AP)
Jeff Sessions. (photo: AP)


7 Big Areas Where Jeff Sessions Could Change Policy at DOJ

By Danny Vinik, Politico

20 November 16

 

en. Jeff Sessions was an instantly divisive figure when President-elect Donald Trump named him as his next attorney general: conservatives and immigration hardliners welcomed the choice, while civil-rights groups and Democrats spent the day attacking the pick, with Sen. Elizabeth Warren saying his selection would be a “compromise with racism,” and Sen. Cory Booker saying, “I am concerned that he possesses ideologies that are in conflict with basic tenants of the Justice Department’s mission.”

In part the critics’ focus was on controversial past comments by Sessions, such as accusations that he said the NAACP and American Civil Liberties Union were “un-American,” and joked that he thought the Ku Klux Klan was “OK, until I learned they smoked pot.” But much of the concern is what he’d actually do as AG: that he’d undermine civil rights protections, prosecute more undocumented immigrants and allow companies to go wild with mergers.

So what could he really do? Some cabinet-level jobs have limited power to affect the country, either because of their narrow mission or the slow rule-making processes needed to make major changes in public policy. Not so the Attorney General. Though sitting on top of the vast Department of Justice bureaucracy, the AG has wide discretion to shift American policy in huge ways simply by how he prioritizes its limited resources—which cases the office chooses to prosecute and which ones it lets go. It runs dozens of agencies, including the powerful FBI, DEA, and the immigration courts. And it also, insiders say, exerts huge influence on the White House’s own sense of its power.

"At every cabinet meeting, they are the person who everyone goes to and says what are range of options,” said a former Bush administration official. “Being able to cabin or expand the range of options available to the executive branch is a very powerful capability.”

How could Sessions leave his fingerprints on the country? POLITICO talked with former DOJ officials and experts in various issues over which the attorney general has significant sway. Here are seven areas where Sessions could most dramatically change public policy.

1. Immigration

The stakes are high for many undocumented immigrants, particularly those who become caught up in the criminal justice system. The Department of Justice has two distinct areas of power over immigration: prosecuting immigration violations and administering the immigration courts. It has considerable authority over the enforcement of immigration laws, such illegal reentry into the U.S. and immigration fraud. For instance, under Obama, the DOJ worked with the Department of Homeland Security on a program called Operation Streamline which prosecuted immigrants caught illegally crossing the border, which carries stricter consequences than if those caught at the border had just been returned to the other side. This program, widely hated by immigration activists, was scaled back in recent years.

A different agency within the Justice Department adjudicates the appeals of immigration court rulings and its decisions set precedent for future cases. Those decisions can often be technical and deal with arcane areas of immigration law but they can often be life-or-death decisions for the appellants, such as in cases over asylum law. The attorney general can overturn any precedent decision by designating it for review, granting him a significant power to change immigration policy.

“The attorney general has tremendous authority over the enforcement of immigration law,” said David Leopold, an immigration lawyers based in Cleveland.

There’s no specific number of undocumented immigrants who may be at risk if Sessions, who is known as a hard-liner on immigration, is confirmed as attorney general. But it could be part of a broader crackdown on illegal immigration, fostering greater fear among undocumented immigrants and making it harder for asylum-seekers to stay in the country legally.

2. Surveillance

The Department of Justice is responsible for defending the government in all surveillance disputes, such as when Apple refused to help the FBI decrypt the iPhone owned by the attacker in the San Bernardino terrorist attack. It also is responsible for defending the government before the Foreign Intelligence Surveillance Court, which oversees national security surveillance. Those decisions will now fall to Sessions and the people he installs at DOJ.

As POLITICO reported earlier today, Sessions has supported allowing law enforcement wide range to access that data, criticizing Apple in the San Bernardino case and warning against any attempts to constrain the NSA. The technology industry is already worried about how he will handle surveillance programs. After the Snowden leaks, tech companies have become more hesitant to share data with the federal government and more willing to go to court to prevent law enforcement companies from accessing their customers’ data, such as email, without a warrant.

A Sessions-run DOJ that takes a tough line against tech companies could result in much more heated battles between the government and industry—and fewer privacy protections for everyday American.

3. Police misconduct

Under Obama, the Department of Justice has made it a priority to crack down on police misconduct. Some of that has come through grants to local law enforcement agencies to purchase body cameras and other tools and through a task force to improve policing tactics. But one major tactic to clean up police departments has been through investigations by the DOJ’s Civil Rights Division, either into specific incidents or broad examinations of police departments.

These investigations have uncovered clear cases of racist behavior and comments by police officers, shining a light on practices in places such as Baltimore and Ferguson, Missouri. Many black and Hispanic Americans in these cities saw the police more as a threat than a force for protection.

Whether a Sessions-run Justice Department will continue to prioritize investigations into police misconduct is unclear. Many conservatives and police departments have resented the investigations and deemed them an example of government of overreach; they will applaud Sessions if he chooses to limit those investigations. But for many minorities, DOJ investigations are often their last chance to reform law enforcement agencies and receive justice under law.

4. Voting rights

The Civil Rights Division is also responsible for enforcing the Voter Rights Act and other laws that protect the right to vote. The federal government’s power over voting rights was significantly curtailed by the 2013 Supreme Court decision that eliminated the requirement that certain states receive preclearance from the federal government to make changes to their voting laws. Since that ruling, many states have made major changes to their voting laws, instituting voter ID requirements and changing early voting rules, among other changes. The Justice Department has challenged many of these reforms in court.

That decision-making authority will now fall on Sessions, who has previously suggested that voting law changes, mainly in the South, were not intended to hurt minorities. But experts believe that laws that curtail early voting or require an ID to vote disproportionately affect African-Americans. The DOJ under Obama has acted as the last bulwark against such laws. For many minority citizens, their access to the ballot is only as strong as the willingness of the Justice Department to challenge voting laws in court.

5. Other civil rights issues

Beyond police misconduct and voting rights, the Justice Department enforces civil rights laws on a wide range of issues. Sessions could roll back rules preventing schools from excluding kids who are undocumented immigrants or upholding the rights of transgender students. These controversial measures last only as long as the leadership in the Department of Justice is committed to them. The same goes for enforcement of housing laws or discrimination against LGBT Americans.

For LGBT and minority Americans, Obama’s willingness to stretch his authority under civil rights statutes has earned them protections previously afforded to millions of Americans. But to critics, it’s been an example of Obama’s disregard for the rule of law and willingness to infringe on state’s rights.

6. Antitrust enforcement

The enforcement of antitrust laws is increasingly garnering attention in Washington, with lawmakers on both sides of the aisle expressing concern about concentration in different industries. The power to police such anti-competitive behavior falls to the antitrust division of the Department of Justice. Antitrust enforcement has recently become a higher priority for the Obama administration but whether it will continue under the Trump administration is unclear.

Trump has expressed skepticism at some mergers, such as the $85 billion deal between AT&T and Time Warner but his position appeared to be for personal reasons in that case. (He didn’t like CNN’s coverage of his campaign.) How Sessions will handle these cases is unclear. Businesses will like a softer-touch approach that allows them to merge without the DOJ trying to block it in court or requiring certain concessions. But in an increasingly consolidated economy, four years of lax antitrust enforcement could lead to reduced choices for consumers and higher prices.

7. Marijuana

Since marijuana is still federally illegal under the Controlled Substances Act, the attorney general has the power to decide whether to enforce federal law in states that have approved medical or recreational marijuana use. Under Obama, the DOJ has taken a hands-off approach and Trump appeared to agree with that policy during the campaign, saying that marijuana should be left up to the states. But the president-elect has also never shown a deep interest in drug policy while Sessions has been a forceful opponent of marijuana legalization, including saying that “good people don’t smoke marijuana.”

“[Sessions] has a wide variety of options when it comes to cracking down, if he chooses to do so,” said Erik Altieri, the executive director of NORML, a group that supports marijuana legalization. “That could range from simply raiding and shutting down state legal stores, bringing criminal penalties against the owners of those stores and it could be throwing up roadblocks when it comes to the implementation of these ballot initiatives.”

States such as Colorado and Washington have acted as guinea pigs for the rest of the country, implementing rules and regulations around recreational marijuana use, and more states are set to join them after voters approved ballot measures last week. Legitimate businesses are operating openly in the states. Sessions could shut down these businesses and enforce the federal law against marijuana use, pleasing anti-drug advocates—but likely infuriating many Americans in a nation that increasingly supports marijuana legalization.


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Corporate America Is Failing on Paid Family Leave Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=25409"><span class="small">Bryce Covert, ThinkProgress</span></a>   
Sunday, 20 November 2016 09:11

Covert writes: "The United States is the only developed country in the world that doesn't require its employers to give new parents time off for the arrival of their child. That, of course, doesn't preclude employers from doing it voluntarily, and some have made headlines for offering generous policies."

Paid family leave is abysmal in the United States. (photo: iStock)
Paid family leave is abysmal in the United States. (photo: iStock)


Corporate America Is Failing on Paid Family Leave

By Bryce Covert, ThinkProgress

20 November 16

 

The largest employers discriminate against fathers and adoptive parents.

he United States is the only developed country in the world that doesn’t require its employers to give new parents time off for the arrival of their child. That, of course, doesn’t preclude employers from doing it voluntarily, and some have made headlines for offering generous policies.

But by and large, American employers have failed to step up and offer all of their workers quality paid leave policies.

PL+US, a nonprofit that pushes for paid family leave, researched the paid family leave policies at the country’s 60 largest employers, which together employ 14 million people. The first thing they found is a lack of information and transparency: more than half of the 60 companies refused to disclose what their policies are.

Things don’t look a whole lot better at the remaining ones, either. Six said they have no paid leave policy at all.

Those that do offer paid leave, meanwhile, mostly have policies that discriminate against many parents. Twenty-two confirmed that they give fathers less time off than mothers and/or give adoptive parents less time than birth parents.

Among those, 10 confirmed that while they offer paid maternity leave, they offer nothing to new fathers. Another 11 give new dads significantly less time off than moms.

A similar pattern emerges for adoptive parents. Nine companies don’t give adoptive parents any of the leave that’s offered to birth mothers, while another nine give them less time.

These companies range from low-wage employers to white collar workplaces. For example, Starbucks gives new mothers and adoptive parents six weeks but gives fathers nothing, while McDonald’s gives birth mothers 12 weeks and nothing to new fathers and adoptive parents. AT&T offers mothers up to eight weeks of maternity leave but nothing for fathers or adoptive parents, while Verizon gives birth mothers two weeks and nothing to everyone else. Ford and General Motors both give birth moms six to eight weeks with nothing for fathers or adoptive parents.

Meanwhile, new birth mothers at General Electric, HP, IBM, and Procter & Gamble all get at least twice the amount of paid leave available to everyone else.

These companies may think they’re offering support to working mothers by helping to keep them in the workforce and level the playing field. But by distinguishing between mothers and fathers, they can end up singling women out for more stigma. Studies have found that benefits offered only to women, such as long maternity leaves, can hurt their pay and employment. Employers already levy a motherhood penalty against moms, and they may end up extending that to all working women if they see them as a more costly investment who might take paid leave versus men who won’t take any time off.

This very stigma against working mothers is something that Ivanka Trump, daughter of President-elect Donald Trump, has promised her father would combat. At the Republican National Convention, she said Trump would change labor laws to support working women, declaring, “Policies that allow women with children to thrive should not be novelties, they should be the norm.”

Yet the maternity leave policy she helped craft and that Trump rolled out in September furthers the same unequal pattern found in corporate America. It would only offer paid maternity leave, leaving out all fathers and adoptive parents.

That proposal fails to reap the equalizing benefits of offering paid leave to all parents. Giving men paid leave makes it more likely than they will take time off when their child arrives. That, in turn, has been found to increase both women’s employment and their incomes. Men who take leave to spend time at home with their young children also end up more involved and competent, committed parents later on.

PL+US did find some good news: eight of the companies that disclosed their paid leave policies had updated them over the last year to make the leaves longer and/or more equalized for all parents. And while that trend began in high-paid professions like consulting, finance, and technology, it has since been picked up by Hilton and could potentially spread to the service and retail sectors as well.

But for now, huge inequalities still exist. Just 13 percent of the workforce receives paid family leave, and those who are paid the least?—?and are therefore less able to afford taking unpaid time off?—?are the least likely to get it.


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Trump's Dilemma: To Please His Friends by Trashing the Paris Climate Deal, or Not? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=19600"><span class="small">Bill McKibben, Guardian UK</span></a>   
Saturday, 19 November 2016 16:00

McKibben writes: "It seems likely that the Paris climate accords will offer one of the first real tests of just how nuts Donald Trump actually is. For a waiting world it's a public exam, his chance to demonstrate either that he's been blowing smoke or deeply inhaling."

Donald Trump. (photo: Jeffrey Phelps/AP)
Donald Trump. (photo: Jeffrey Phelps/AP)


Trump's Dilemma: To Please His Friends by Trashing the Paris Climate Deal, or Not?

By Bill McKibben, Guardian UK

19 November 16

 

If the president-elect sabotages last year’s agreement, he will own every disaster – every hurricane a Hurricane Donald, every drought a moment for mockery

t seems likely that the Paris climate accords will offer one of the first real tests of just how nuts Donald Trump actually is. For a waiting world it’s a public exam, his chance to demonstrate either that he’s been blowing smoke or deeply inhaling.

Think, if you will, of the Paris agreement as a toy painstakingly assembled over 25 years by many of the world’s leading lights. It has now been handed, as a gift, to the new child-emperor, and everyone is waiting to see what he’ll do.

His buddies – the far-right, climate-denying, UN-hating renegades who formed his campaign brains trust – are egging him on to simply break it, to smash it on the floor for a good laugh. In fact, they’re doing their best to give him no way out. “President-elect Trump’s oft-repeated promises in the campaign are fairly black-and-white,” said Myron Ebell, head of his Environmental Protection Agency transition team, last week. (Ebell believes that the Paris deal is an attempt to “turn the world’s economy upside-down and consign poor people to perpetual poverty” – and that climate science is done by “third-rate, fourth-rate and fifth-rate scientists”.)

On the other side are the world’s business leaders, 365 of whom just signed a letter asking Trump to keep America engaged in the Paris process to provide “long-term direction”. These are not people who have spent their lives in obscure rightwing thinktanks. They run stuff – like DuPont, General Mills, Hewlett-Packard, Hilton, Kellogg, Levi Strauss, Nike and Unilever. And it’s hard to run stuff if the rules keep changing.

There’s also a gang of Americans who care what the rest of the world thinks. A group of former military leaders this week sent Trump’s transition team a briefing book arguing that climate change presents a “significant and direct risk to US military readiness, operations and strategy”. Ben Cardin, a Delaware senator and the top Democrat on the Senate foreign affairs committee, said withdrawing from the Paris deal would damage “our credibility on other issues”.

And then there’s the rest of the world. Other nations can’t be “weak” or “naive”, said France’s former (and perhaps future) president Nicolas Sarkozy. If Trump pulls the US out of Paris, Sarkozy proposes a carbon tariff on US goods. That won’t happen, but diplomats at the current climate talks in Marrakech have made it clear that leadership on the 21st century’s most important issue would pass from Washington to Beijing.

So Trump faces a dilemma. Does he please his most extreme friends? If so, he will own every climate disaster in the next four years: every hurricane that smashes into the Gulf of Mexico will be Hurricane Donald, every drought that bakes the heartland will be a moment to mock his foolishness. That’s how that works.

Or does he back down? It’s clear he won’t do anything to enforce the Paris accords anyway – to all intents and purposes Obama’s clean power plan expires at noon on 20 January, and Trump’s guys will give the green light to any pipeline anyone proposes. But if he doesn’t actually smash the global architecture of the Paris accords, he’ll win points from responsible people. That’s how that works.

It’s entirely possible he’ll decide to do neither, and send the Paris accords to the Senate for some kind of show vote, letting the entire Republican party take the heat for its climate-denying views. This would demonstrate weakness of a particularly childish sort – the coat-holding boy who goads everyone else into a fight and steps back to watch.

The irony here is that the Paris accords aren’t even very strong. They represent a lowest-common-denominator effort, one that will allow the world’s temperature to keep climbing dangerously. They were passed in no small part to allow the world’s leaders to strenuously pat themselves on the back for having done something. But at least the pact keeps the process moving – and there are mechanisms that might allow the world to ratchet up its efforts as the temperature climbs. It’s a tissue of compromise and gesture, a flimsy bulwark against the climbing mercury and rising sea. But wrecking it would be an act of political vandalism, one that would define Trump’s legacy before he has even taken office.

So we’ll see.

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How a Battle Over Affordable Medicine Helped Kill the TPP Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=26785"><span class="small">James Trimarco, YES! Magazine</span></a>   
Saturday, 19 November 2016 15:49

Trimarco writes: "Amid the fallout from Donald Trump's election is the end of the Trans-Pacific Partnership. After six years of negotiations, the controversial trade deal is dead."

Activists protest the TPP. (photo: The Hill)
Activists protest the TPP. (photo: The Hill)


How a Battle Over Affordable Medicine Helped Kill the TPP

By James Trimarco, YES! Magazine

19 November 16

 

The debate about an exotic new kind of drug delayed the trade deal for years, thanks in part to relentless advocates who stood up to big pharma.

mid the fallout from Donald Trump’s election is the end of the Trans-Pacific Partnership. After six years of negotiations, the controversial trade deal is dead.

Its proponents were caught off guard. Just a week before the election, U.S. Trade Representative Michael Froman was telling CNBC that members of Congress were ready to pass TPP right after the election. “If they bring it forward,” he said, “I think we can get the votes there.” But Trump had made withdrawal from TPP a cornerstone of his campaign. After his victory over Hillary Clinton, Republican leaders in Congress made it clear that the deal was going nowhere.

That’s a serious setback for President Barack Obama, who was its highest-profile advocate. “This will end up being the most progressive trade bill in history," Obama said last year. “It will have the kinds of labor and environmental and human rights protections that have been absent in previous agreements.” Yet, hardly any labor or environmental groups supported it. The AFL-CIO federation of unions and the Sierra Club, for example, were outspoken opponents.

Less well-known is the small, international group of affordable-medicine advocates who undermined its passage in a years-long drama that pitted consumer advocacy against corporate interests. By relentlessly pointing out how proposals by the United States Trade Representative would hike drug prices, says Brook Baker, a professor of law at Northeastern University who’s written widely about trade, those advocates helped delay the deal long enough to make it vulnerable to political attack.

“If this had been brought up two years ago, [Congress] probably would have passed it,” Baker says. “One of the sticking points was intellectual property—and that was mainly over concerns about access to medicine.”

The health advocates Baker is talking about—groups like Doctors Without Borders, Public Citizen, and Oxfam—didn’t have a seat at the negotiating table. And they couldn’t see the deal’s secret text. But by allying themselves with other countries in the partnership, they were able to build trust among people who did have seats. Then, they provided information and did whatever they could to shore up resistance among negotiators.

“At each round, civil society went and found out what was on the table, and got negotiators who were thinking alike to talk to each other,” Baker says.

It was February 2011, and Peter Maybarduk was in Santiago, Chile, for round five of negotiations for the TPP. He works for Public Citizen, a D.C.-based advocacy organization, where he directs a group that focuses on fair access to medicines. By that time, he says, he’d pretty much given up on changing anyone’s mind on the U.S. side. But he was hoping he could help persuade the negotiators from other countries not to sign off on a deal he thought would increase the cost of health care for their people.

The negotiations were being held at a law school, but only trade ministry representatives and other government officials were allowed in. Representatives of civil society, like Maybarduk, had to wear special badges and stay out of the rooms where the deal’s secret text was being hammered out.

That left Maybarduk and other advocates wandering the halls, hoping to grab a Vietnamese or Peruvian negotiator and pull them aside for a chat. Trying to influence the process in this way could get dicey. Maybarduk remembers infiltrating a presentation given by officials in the Chilean government, when someone with the U.S. contingent said something like, “I thought only trade representatives were allowed in here.” He pointed at Maybarduk and said, “He’s not.” Outed, Maybarduk got up and left the room.

Days later, he had a breakthrough. Together with allies from other groups, he put together a lunch for the negotiators, most of whom showed up. There, he gave a presentation explaining how a provision in a leaked chapter of the deal was likely to encourage patent abuse and drive up the cost of medicines. “At this point, the negotiators were not sure what their relationship with us should be like—if they should be talking to us, if we were going to antagonize them,” Maybarduk says. “That presentation showed them there might be some information that would be really useful.”

Those relationships would come in handy in the years to come. By May 2012, Maybarduk’s team had helped to create an environment in which chief negotiators from Vietnam and Chile felt comfortable speaking publicly about the need for affordable medication in terms that went directly against the U.S. positions.

And the impact went beyond just talk.

Provisions the United States Trade Representative wanted in the deal started getting thrown out, according to observers’ accounts and leaked versions of the text. The U.S. had wanted rules saying that bioengineered varieties of plants and animals should be patented. It had wanted to allow companies to get new patents for slightly tweaked versions of existing medications—a process known as “evergreening.” And it had wanted to automatically block generic drug applications if a patent had been claimed, regardless of the validity of the patent.

One by one, the U.S. relented on those. But there was one demand it would not give up: the ability to guarantee intellectual property rights worth billions of dollars for the makers of a new and expensive class of drugs.

On September 22, Zahara Heckscher received a letter from Blue Cross Blue Shield. Its dense legalese made it hard to follow the details, but the gist was clear: Her doctor’s request on her behalf for two cancer medications had been denied.

Heckscher, who had been diagnosed with advanced breast cancer a few years earlier, says she was shocked by the rejection. She had been through all kinds of treatments. She knew the disease ran in her family; her mother and aunt had died from it when they were in their 40s. But her doctor kept trying.

Heckscher waited for 10 agonizing days, during which she says she could feel her lymph nodes swelling under her arms. She was terrified. “Every time you forget a word, you think The cancer’s in my brain. My son’s 11, and I wonder, Am I going to be there for his 12th birthday?”

In the end, the insurance company reversed its decision and agreed to pay for the two drugs: Herceptin and Perjeta. Together, they cost about $115,000 for a year’s treatment.

Why were the drugs so pricey? The answer, it turns out, had to do with the intellectual property debates that were holding up the Trans-Pacific Partnership.

The drugs are biologics, an important and growing class of medication. Although only 2 percent of the population in the U.S. uses them, they account for 40 percent of spending on prescription drugs.

Biologics are something relatively new in medicine. Most traditional treatments consist of relatively small molecules; you can draw the chemical structure for ibuprofen, for example, with just a hexagon and two small, branching lines. The complex molecules that make up biologics can be hundreds, even thousands, of times larger—and, unlike traditional drugs, they’re manufactured within living cells.

The most promising new treatments for cancer and arthritis are biologics.

“It feels like a miracle,” Heckscher says. “The medicines go right where they are supposed to go in my body, without the side effects of chemo.”

But research and design for a single biologic medication can cost billions of dollars. The industry is concerned that companies won’t get a return on that investment if they’re undersold by lower-priced, generic versions of the drugs—known as “biosimilars” because biologics can’t be copied exactly. The industry’s preferred solution is so-called “exclusivities,” which effectively give the original manufacturer of the drug a legal monopoly for a certain period of time. That’s in addition to patents, which drug companies feel don’t sufficiently protect biologics. (The trade groups PhRMA and BIO declined to comment for this story.)

Exclusivities for biologics are already part of U.S. law. A little-known section of the Affordable Care Act gives them 12 years of protection. That means that patients like Heckscher might need to wait more than a decade to get access to cheaper biosimilars.

It is the longest such period enacted anywhere in the world. Japan, for example, has 10 years, while Australia and Mexico have five. Some countries offer no monopoly period at all.

If the United States Trade Representative could get 12 years of monopoly protections written into the trade deal, it would be a big win for the pharmaceutical industry—which is largely based in the U.S. A significant portion of the world would adopt its preferred rules on a class of drugs expected to be the future of medicine.

And it’s not just the other countries that would be bound by these rules. The deal would have made it harder to change U.S. law too. “The real reason behind the strong lobbying effort for the adoption of the 12-year period in the TPP is not that it is the right thing for countries to do, but a clever strategic move to prevent the U.S. Congress from reducing the period of 12 years later on,” wrote Fabiana Jorge, who represented generic drug manufacturers during the negotiations.

Meanwhile, a number of countries were emerging as a bloc against the U.S. position on biologics, and no one was surprised to see Australia and New Zealand at its forefront. These countries have robust universal health care systems, and taxpayers would be footing the bill if generics were limited by the exclusivity provision. While it’s hard to know exactly how much money the 12-year provisions would have cost Australia, one report showed that the arrival of a biosimilar version of a single drug, Humira, would save the country more than $43 million a year.

“We have to be careful that we can control the costs of these drugs in the future,” says Deborah Gleeson, a professor of health in Australia who has argued against the U.S. provisions. “We’re strongly committed to our [public health care system] in Australia and to the idea that everyone should have affordable access to medicines.”

Other countries may have been persuaded. Fifa Rahman, a lawyer and activist who works for the Malaysian AIDS Council, believes her group helped strengthen the resolve of the Malaysian negotiators. She brought AIDS patients to testify at meetings, wrote papers attacking the industry’s arguments, and generally raised the alarm about what the 12-year provision would mean for the country’s public health care system.

“Malaysia in the start was ready to let a lot of things go,” she said. “Without the pressure we put on them, they wouldn’t have taken such a strong position, in terms of slowing things down.”

Throughout the fall of 2013, Obama spoke about the TPP as though it were almost finished. But the talks kept getting extended. And when the intellectual property chapter leaked in May 2014, the language on biologics said the drugs were protected “for a period of [0] / [5] / [8] / [12] years from the date of marketing approval.”

Every length of protection was still on the table.

“The range of proposals in that leak shows how toxic the subject was,” says Maybarduk, “and it signals the success of social movements in conveying the moral imperative around access to medicines.”

Mary, a source who’s asked that her identity be protected, was there for what happened next. She attended most of the final rounds of negotiations, representing her country’s ministry of health. At the final round, in Atlanta, the conversation on biologics centered on competing proposals from the United States and Australia, she says. When Mary saw the Australian proposal, she was upset. It contained complex language that basically called for eight years of protection, she says. That was better than the 12 years the U.S. wanted. But Mary says she was committed to getting a period of five to zero years because her goal was to have universal health care for the people of her country. The biologics provisions in Australia’s proposal would delay that, she says, because it would limit access to affordable medicine.

One group of officials drafted its own counterproposal, which allowed each country to define biologics in its own national law and specified zero years of exclusivity. They gave it to trade negotiators, but it was ignored.

Zahara Heckscher was there in Atlanta, too, demanding to be let in and to see the text. She stepped out of the elevator in the Westin Peachtree Plaza Hotel, with a symbolic IV drip taped to her arm, wearing a T-Shirt printed with the words “I HAVE CANCER I CAN’T WAIT 8 YEARS.”

She was arrested before she could interrupt the negotiations. But media outlet Democracy Now! covered the incident, bringing it to hundreds of thousands of viewers.

Ultimately, it was Australia’s provision that made it into the final text of the deal, which was signed in February.

But it was too late. By then, the presidential campaign was heating up, with Donald Trump calling the TPP “the death blow for American manufacturing” and even Hillary Clinton speaking out against it. The TPP’s time had come and gone.

And while affordable-medicine advocates like Fifa Rahman, Peter Maybarduk, and Zahara Heckscher deserve some credit for taking down the TPP, not everyone agrees that this work actually changed minds. One former trade negotiator, who asked not to be identified, says that the people at the table simply take orders from the top.

“Negotiators aren’t going to ignore directives from their government because they’ve spoken to someone in civil society,” she says. They “might have the interests and opinions of civil society in the back of their minds, but, ultimately, they have to do what they’re told.”

It’s difficult to know exactly how much influence the affordable-medicine advocates had. But in the end, the delay over biologics helped push the TPP into a turbulent election cycle, where it came to symbolize much of what frustrated American voters.

Brook Baker warns: “None of the bad ideas in the initial proposals are dead forever. Big Pharma will do everything in its power to see that the pro-monopoly ideas in the initial TPP proposal and in the ultimate text are pursued in future ways.”

Baker calls the USTR a “captured agency,” explaining that “instead of regulating the industry, it becomes a pawn of that industry.”

“There really needs to be fundamental change,” Baker says, pointing to the trade advisory committees that are overwhelmingly composed of business representatives. “You need to take industry’s unilateral oversight off the table and open it to democratic participation.”

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