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Monthly Archives: April 2009

County Council enters the Westlake fray

26 Sunday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

missouri, Westlake

The half-life of the radioactive material in the West Lake landfill in northwest St. Louis County is thousands of years. The controversy over how to deal with it is heading in that direction.

The EPA thinks its solution of covering the top of the landfill is the best possible action, but local activists object to leaving radioactive waste not protected underneath by any kind of liner, especially on a floodplain a few miles above the drinking water intake for North St. Louis County. They want it moved.

The Beacon article quoted above also quotes Washington University hydrologist Robert Criss:

“It’s like putting shingles on your house when you need a basement,” Criss said. “A top cover would help, but that’s not the fundamental problem. The fundamental problem is that the landfill is unlined. The stuff’s in the wrong place. We have poorly characterized radioactive waste in the floodplain in an unlined landfill. There is no putting stuff on the top that changes that.”

To keep their protest alive, activists convinced members of the County Council–all of them!–to pass a resolution asking the EPA to turn the site over to the Corps of Engineers, in hopes that the Corps, which has handled radioactive waste sites before, would choose the move the waste. The EPA, though, says Westlake is a Superfund site, and it intends to maintain control of it. If so, it will continue to face intense objections. The County Council will put its resolution before all members of the Missouri Congressional delegation–here’s a shovel ready project, Claire–as well as before Governor Nixon.

The Beacon did a fine job of contacting interested parties and representing their views. I recommend reading it.

Denny Hoskins (r): And how did that meeting go?

26 Sunday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

conceal carry, Denny Hoskins, higher education, missouri

State Representative Denny Hoskins (r – noun, verb, CPA) posts via Twitter on occasion:

Now getting ready to meet with the University of Central Missouri Faculty Senate to discuss Higher Ed legislation and funding…10:48 AM Apr 24th from web

What, no mention of conceal carry on campus and HB 668?

Our previous coverage of Denny Hoskins’ not so good very bad times in Jefferson City this session:

Denny, Denny, Denny…brush up on the first rule of holes

Denny, Denny, Denny…brush up on the first rule of holes, part 2

Missouri House news

Some more information on HB668 and Campus Conceal-Carry

Denny Hoskins (r): “Mr. University President, tear down those signs…”

Doing the Jeff City Shuffle

I wonder if he’s angling for a plane ride?

A Change worth making

25 Saturday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

cloture, filibuster, reconciliation

William Greider, writing at The Nation last December, urged the Senate to change the cloture threshold. There’s nothing sacred about sixty votes. It’s been changed more than once during our history, the last being in 1975, when Democrats ran out of patience with Southern Democrats holding up civil rights legislation and reduced the threshold from 67 to 60.

If ever the Senate had reasonable cause to lower the threshold, it’s now. The 2007-2008 Senate set a record: 138 cloture motions to limit debate and head off filibusters. That’s double the number from ten years ago and Greider asks: “Who really believes McConnell will voluntarily give up his starring role as Senator No?”

So far, I don’t see any indication Democratic Senators are considering Greider’s solution, but something almost as good is in the offing. Obama has warned the GOP that Democrats are prepared to use a procedural move called reconciliation that’s possible on budgetary measures, allowing the Senate to pass a bill with only 51.

Upset with getting a GOP goose egg from the GOP, twice, on his stimulus bill, Obama warned Republican senators that they would not have veto power over health care legislation. Either pass something by mid-October or face reconciliation. And the same message went out to Democrat Ben Nelson of Nebraska, who has been holding out against reform in an effort to protect the student lending institutions in his home state.

Going around obstructionists could get habit forming. Who knows? Democrats might get to like it so much that they’d be willing to consider Greider’s (not very) outrageous suggestion. Ask anybody in the labor movement if they’d like to see it happen. Not only would card check pass, but Arlen Specter would be robbed of a chance to look heroic to the nutcases who might vote against him in a primary.

Would that Reid had the cojones to lead this charge.

The JPRA called it torture in 2002

25 Saturday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Crossposted from They Gave Us a Republic

First, a little background:  When Americans, be they military, civilian or diplomatic personnel, end up isolated or in the custody of hostiles, the Joint Personnel Recovery Agency (JPRA) is tasked with getting them back.  The JPRA supports policy and doctrine development for the recovery of personnel.  They also research tactics, techniques and procedures (TTP) to assist the service branches in conducting joint recovery operations.  JPRA is also in charge of SERE (Survival, Evasion, Resistance and Escape) training – something that until in the last few days few people had ever heard of.  But that is perfectly understandable when you consider that only about two percent of the people in this country ever serve in the military and of those who serve, a very small percentage go through SERE training.  Frankly, I never wanted SERE to become common knowledge, and most of us who have had occasion in our lives before this mess erupted to know what the hell it is don’t either, for reasons that are our own.  (Those of us who know have a different idea of what the sequence of words “need to know” mean, too, and that difference is based on context and experience.)

I offer that background so the significance of this Washington Post article can be better appreciated by those who may have never heard of JPRA, and have only a recent, superficial acquaintance with SERE.  

In 2002, the advice of the JPRA was sought on the “enhanced interrogation techniques” that the Bush administration was hell-bent on employing against terrorism suspects, but I doubt that they were expecting the response they got.  JPRA didn’t equivocate, didn’t qualify, didn’t flinch.  They called the techniques “torture” and warned sternly that their use would lead to “unreliable information.”

“The unintended consequence of a U.S. policy that provides for the torture of prisoners is that it could be used by our adversaries as justification for the torture of captured U.S. personnel,” says the document, an unsigned two-page attachment to a memo by the military’s Joint Personnel Recovery Agency. Parts of the attachment, obtained in full by The Washington Post, were quoted in a Senate report on harsh interrogation released this week.

It remains unclear whether the attachment reached high-ranking officials in the Bush administration. But the document offers the clearest evidence that has come to light so far that technical advisors on the harsh interrogation methods voiced early concerns about the effectiveness of applying severe physical or psychological pressure.

The document was included among July 2002 memoranda that described severe techniques used against Americans in past conflicts and the psychological effects of such treatment. JPRA ran the military program known as Survival, Evasion, Resistance and Escape (SERE), which trains pilots and others to resist hostile questioning.

The cautionary attachment was forwarded to the Pentagon’s Office of the General Counsel as the administration finalized the legal underpinnings of a CIA interrogation program that would sanction the use of 10 forms of coercion, including waterboarding, a technique that simulates drowning. The JPRA material was sent from the Pentagon to the CIA’s acting general counsel, John A. Rizzo, and on to the Justice Department, according to testimony before the Senate Armed Services Committee.  (all emphasis mine.)

In spite of the strongly worded caution from the people who had first hand, real world experience with the tactics those at the top in the Bush administration held a sick fascination for, the plan to torture went forward, and just days later the use of 10 tortures was authorized for use in interrogating Abu Zubaida, who the administration (wrongly) cast as (yet another) “top lieutenant” in al Qa’eda.  Zubaida was ultimately water boarded 83 times in a single month, but former intelligence officials who were in a position to know contend that Zubaida offered little useful information about al Qa’eda plots.  

It is unknown whether William Haynes, who was then the top legal counsel at the Pentagon, ever passed the memo from JPRA on to other officials who were reviewing the proposed program, and everyone who has that knowledge has suddenly been rendered mute.

In 2002 the chief of staff of the JPRA, Daniel Baumgartner, sent the memos and attachments to those developing the torture program, and now says that “a lot of cautionary notes” were forwarded, strongly warning against using torture as a means to gather intelligence.   “There is a difference between what we do in training and what the administration wanted the information for,” he said a telephone interview last week. “What the administration decided to do or not to do was up to the guys dealing with offensive prisoner operations. . . . We train our own people for the worst possible outcome . . . and obviously the United States government does not torture its own people.”  

In short – the “R” in SERE stands for resistance…to torture.

Senator Levin, who chairs the Senate Armed Services Committee believes that the warnings from JPRA were, at best, deliberately ignored…and at worst, suppressed.  “It’s part of a pattern of squelching dissent,” said Levin.  “They didn’t want to hear the downside.”  He added that there were other instances in which internal reviews of detainee treatment were halted or undermined.  

A former official with the Bush administration said that the National Security Council received multiple briefings on the planned program by George Tenet and CIA lawyers, but the issues raised in the JPRA attachment were never addressed.  Tenet is refusing to comment.  “That information was not brought to the attention of the principals,” said the official, who had been involved in deliberations on interrogation policy, and who would only agree to speak to the Post anonymously because the issue is so sensitive.  “That would have been relevant. The CIA did not present with pros and cons, or points of concern. They said this was safe and effective, and there was no alternative.”

The Aug. 1 memo on the interrogation of Abu Zubaida draws from the JPRA’s memo on psychological effects to conclude that while waterboarding constituted “a threat of imminent death,” it did not cause “prolonged mental harm.” Therefore, the Aug. 1 memo concluded, waterboarding “would not constitute torture within the meaning of the statute.”

But the JPRA’s two-page attachment, titled “Operational Issues Pertaining to the Use of Physical/Psychological Coercion in Interrogation,” questioned the effectiveness of employing extreme duress to gain intelligence.

“The requirement to obtain information from an uncooperative source as quickly as possible — in time to prevent, for example, an impending terrorist attack that could result in loss of life — has been forwarded as a compelling argument for the use of torture,” the document said. “In essence, physical and/or psychological duress are viewed as an alternative to the more time-consuming conventional interrogation process. The error inherent in this line of thinking is the assumption that, through torture, the interrogator can extract reliable and accurate information. History and a consideration of human behavior would appear to refute this assumption.”

Within the National Security Council there was no consideration – none – about the etiology of the techniques they wanted to use….that the program they were signing off on…was being built around the Communist Chinese methodical method of confession extr
action.  An enemy program that we had found deplorable to the point of depravity because it was geared to getting confessions, real or not, out of Air Force pilots and other personnel who were at higher risk of capture than the average boots on the ground.    

Nearly a year ago, when we first learned that the program was built around the SERE training that was based on the work of the sociologist Dr. Albert Biderman, who interviewed repatriated prisoners of the Korean war.  Some of those  prisoners had been filmed by their interrogators falsely confessing to germ warfare and other atrocities.   Those taped confessions led to allegations of brainwashing.  SERE was born out of the military’s attempt to inoculate potential POWs against quick capitulation should they be captured.  

It has long been a given that waterboarding is a war crime.  The United States military has tried, convicted and hanged enemy officers for it.  We have court martialed our own personnel for doing it.  The disconnect between the previous administration and our history is staggering.   “A subject in pain may provide an answer, any answer, or many answers in order to get the pain to stop,” the JPRA attachment warned.  It concluded with “the application of extreme physical and/or psychological duress (torture) has some serious operational deficits, most notably the potential to result in unreliable information,” and the word “extreme” was underlined.

The JPRA article contrasted sharply with the arguments being made by the craven, perverted thugs who wanted to make the United States a nation of torturers, specifically Jessen and Mitchell, two former military psychologists who are in the same league as their Soviet and Chinese counterparts and ideological peers of yesteryear.  Men and women who betrayed their humanity and their professions to extract false confessions from enemies from without – and from within – for purposes of pure propaganda, because the honest truth did not further a political agenda.  

And that makes me ask…Why were they so hell-bent, right from the start?  Did they ultimately want to do those things to their political opponents at home, a la Pinochet or the “Dirty War” of the 70’s in Argentina?  To do that, they had to first sell it to Americans by getting the imprimatur of tacit approval from a wide swath of the American public by doing it to a common enemy first?   I don’t know if that was their end goal or not, but I can sure as hell believe it from that crowd of cowards, perverts and chickenshits.  

Ron Richard: Sharp as a bowling ball or distinguished liar?

25 Saturday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Hell of a question. Let’s go to the evidence

“We’ve got a message from the OMB, the vice president, they don’t like it,”

(..)

Reached for comment this afternoon, Richard clarified that he hadn’t actually heard from the OMB or Vice President Joe Biden.

Richard has since directed the House lawyer, Don Lograsso, to look into the plan’s legality. If it doesn’t meet the letter of the law, he said, lawmakers will not pursue it.

(..)

“They say it’s illegal and we’re going anyway.”

Can’t someone on television just stop huffing the smoke here and call the Speaker a liar? I know that lying on Fox News is like gambling in a casino. But let’s face it, Ron Richard blatantly lied and now wants to make it seem like something else. Unless one is to believe that the Speaker is such a dullard that he really heard “your plan might be illegal” as “Joe Biden told me to tell you that your plan is illegal”

Ok ok.. this is a guy whose economic stimulus plan doesn’t involve putting Missourians to work on infrastructure projects (or really, anything at all), but instead giving them a $500 check (on average) and hoping they can eat some cake with their refund. Basically the plan is one where we pour clean water into a dirty stream and hope it makes a difference.

So.. if you keep throwing bowling balls at a wall, and nothing happens. Do you keep throwing bowling balls at a wall? or do you take a new approach? Ok ok.. this is someone whose response to logic is “We’re going anyways”.

Quick Thoughts About Torture

25 Saturday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

I hear President Obama and his staff talking about looking forward not backwards; don’t stir up controversy about the BushCo torture abuses since they’re in the past and opening that Pandora’s box might torpedo what we want to achieve in the future.  On the same topic, but with a slightly more corrupt slant, Republicans like David Brooks say things like this:

But I’m saying … is this something we want to go back and criminalize?

First, crimes are in the past by definition.  Who would be stupid enough to seek justice for future crimes?  We don’t ignore crimes because they happened in the past; we pay police to investigate and solve crimes, we appoint judges and empannel juries to secure redress for actions that have already happened. In doing so, we insure the safety and integrity of our society. Why are these torture crimes any different?

Second, when we determine that an action that took place in the past was a crime, we have not criminalized that act, we have simply affirmed the criminality inherent in the act.  Isn’t it obligatory to do so if we are to think of ourselves as just people?

 

Signs, sidewalks, and bumper stickers

25 Saturday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

bumper stickers, signs

On the back of a tractor-trailer somewhere on I-270 near St. Louis

On a sidewalk near the riverfront in Paducah, Kentucky.

On I-24 in southern Illinois. North Carolina plate, Obama bumper sticker, Darwin amphibian.

On a large homemade sign along Illinois 146: “Weep for America”

Friday Public Art Blogging

24 Friday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

friday public art

Message in a bottle, half-buried somewhere near Arsenal Street in Saint Louis. Photo by Flickr user chocolate alaska.

Another harebrained idea

24 Friday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ 6 Comments

Tags

missouri, sales tax

Jefferson City, under the sway of a Republican legislature, has become the home of the bad idea. No, scratch that and make it the home of the calamitous, breathtakingly detrimental, not just counterproductive but addlepated, idea. To wit: HJR 36, their latest constitutional amendment. It would eliminate all individual and corporate income taxes in Missouri and replace them with higher sales taxes.  

It passed last week in the House, will be heard in the Senate next week, and if it passes both chambers, it will go on the 2010 ballot.

The proposal is destructive on any number of levels. It claims that it would raise the basic state sales tax rate from 3 percent to 5.11 percent. But it also claims to be revenue neutral, which means that the sales tax would have to supply enough to replace the $5.8 billion in income taxes that it would replace. A mere 2.11 percent hike in sales tax cannot do that. No way, nohow. It can come closer to doing it if, as the amendment specifies, services are taxed as well as goods. Everything from doctor’s visits to rent to auto repairs to food and prescription drugs would be subject to sales tax. What’s next? A sales tax on smiles and handshakes?

But Missouri Budget Project has crunched the numbers and its analysis says that, no matter how many services they tax, a 5.11 rate would leave the state $1.5 billion short and services would have to be cut by 18.75 percent. No, a sales tax of at least 6.4 percent and possibly closer to 9 percent would be necessary before it would be revenue neutral.

And economic trainwrecks would follow from that.

The tax would eat into businesses–as if the economy weren’t shoving them around enough already. Here’s why: A Missourian earning $50,000 a year owes a certain amount of income tax. He doesn’t get a choice on whether to pay it. But if he’s looking to save money, he might see that 8 or 9 percent increase on a movie ticket and figure it for the straw that broke the camel’s back. Then rent a DVD instead. That’s good for Netflix but not for the local cine. Nor for the state revenue picture.

Then there’s the harm to businesses near the state line. You know that people will go across the state line for cheaper gas. With a whopping sales tax, they’ll do the same when they buy a car, pick a nursing home for a parent, or get their groceries. In doing so, those living near state lines would be transferring the tax burden of the state to those in the “interior”.

A vicious circle could result, with higher sales taxes needed because Missouri businesses are delivering fewer goods and services. Or–and this is the outcome Republicans would like–we might have to cut more services.

Don’t be fooled, therefore, when Republicans tout the rebate that comes with this tax. You’d get a rebate on all the sales taxes you paid on goods and services up to poverty level. For example, poverty level for a family of four is $22,050. So every family of four would get a rebate of $1,126. “Ooh,” the Rs say, “and… and they wouldn’t have to pay income tax. What a deal.”

But it isn’t, when you don’t consider how the cost of living will skyrocket and how much the lost state services are costing them. (Think of those as a back door tax.) As for businesses, they might break even, despite having fewer customers, since they wouldn’t be paying corporate income tax. But anytime we implement tax policy that is likely to slow the state’s economic engine, people will lose jobs. And their lost spending power slows the engine even more.

The proposed system would be especially hard on families with young children, because of the tax on child care, as well as on seniors, because of the taxes on nursing home care, medical services and pharmaceuticals. In other words, it would be hardest on some of those least able to cope.

In short, it’s a rattlebrained plan, but classic Republican.

The Missouri Budget Project is asking that you contact members of the Senate Ways and Means Committee to ask them to vote against this amendment:

Senator Vogel: carl_vogel@senate.mo.gov, 573-751-2076

Senator Lembke: Jim.lembke@senate.mo.gov 573-751-2315

Senator Bartle: matt_bartle@senate.mo.gov 573-751-1464

Senator Bray: jbray@senate.mo.gov 573-751-2514

Senator Lager: Brad.Lager@senate.mo.gov 573-751-1415

Senator Purgason: chuck.purgason@senate.mo.gov  573-751-1882

Senator Schmitt: Eric.schmitt@senate.mo.gov 573-751-2853

Senator Jones: Robin.jones@senate.mo.gov  573-751-2606

But be more tactful than I am. Best not to call it a rattlebrained idea. Instead, here’s some ammunition. Look at this list of typical services that would be subject to the sales tax:

  • Nursing Home Services and In-Home Medical or Personal Care
  • Medical Care including Doctor’s Visits
  • Child Care and Educational Services such as Tutoring
  • Rent and Housing, and Home Repairs
  • Utilities and Telephone Services
  • Health Insurance, Auto Insurance
  • Auto Repair
  • Funerals
  • Financial Services, Legal Counseling
  • Transportation
  • College and Private K-12 Tuitions
  • Health Clubs
  • TV and other Appliance Repair
  • Movie/Theaatre/Sports Tickets
  • Club Dues, Religious Activities

The cult of the lost cause, part 6

24 Friday Apr 2009

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

bumper stickers, missouri

Some previous coverage, just after the election: The cult of the lost cause…

Spotted yesterday:

At a fuel stop on I-70 east of Columbia.

A commercial vehicle stopped in traffic on I-270 near St. Louis.

As if I would ever choose to do business with a company that displays its partisan biases. But the present defiance from somebody who works in the trades, championing the purveyors of the bankrupt right wingnut ideology that doesn’t care if they continue to have work? It really is a cult of the lost cause.

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