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Justice

Happy 46th Birthday, Freedom of Information Act

On July 4, 1966, President Lyndon B. Johnson signed the Freedom of Information Act (FOIA) into law. 46 years later, FOIA has been instrumental in investigations (after a few tweaks; the original bill was full of roadblocks like a copying cost of $1 per page and $7 per searching hour). Here are just a few of the things learned through FOIA:

  • J. Edgar Hoover The Los Angeles Times gained access to a four-year investigation by J. Edgar Hoover into feminist groups across the country, which used informers to create dossiers of prominent women’s rights activists (which included cracks about their appearances and sexual orientation).
  • The exploding Ford Pinto. In 1978, The Department of Transportation recalled the exploding Pinto, now an infamous example of cost-benefit analysis in business school textbooks, after a lawsuit compelled the DOT to release information on the faulty safety standards of the Pinto’s gas tank.
  • Spiro Agnew pays up. Law students at the George Washington University forced the release of 2500 state and federal documents in a tax evasion case against disgraced former Vice President Spiro Agnew in 1981. Agnew paid back $268,482 to the state of Maryland in kickbacks. According to the students’ professor, they picked the case because ”it looked like Agnew was going to step down as vice president and suffer virtually no penalties and get to keep all his money.”
  • John Yoo’s torture memos. In 2008, the ACLU successfully sued for the secret memos written by John Yoo in 2003 providing legal justification to torture prisoners to extract information. Yoo outlined presidential powers that found torture under “the executive branch’s constitutional authority to protect the nation from attack justified his actions.”
  • The FBI spies on peaceful Muslims.The ACLU obtained documents revealing the FBI illegally spied on peaceful Muslim organizations. From 2004 to 2008, the FBI tracked everything from mosque locations to conversations about airline travel to the sale of dates after services.

But it hasn’t all been smooth sailing for FOIA. Even when Johnson signed it, he had to be “dragged kicking and screaming to the signing ceremony,” according to then press secretary Bill Moyers. “He hated…the thought of journalists rummaging in government closets.” Over the years, officials have resisted and restricted the act by citing national security concerns. True to the tradition, Senator John McCain (R-AZ) introduced a new version of his Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act (SECURE IT) which would create a new exemption in FOIA that allows the government to withhold any and all communication with cybersecurity centers. Considering the recent FOIA-provoked disclosure of secret surveillance letters routinely sent to tech companies by the FBI, Congress might want to rethink a blanket protection for all cybersecurity documents.

Health

President Obama Consoles Woman Whose Uninsured Sister Died Of Colon Cancer

Credit: Reuters/Kevin Lamarque

President Obama stopped shaking hands for a moment today so that he could embrace a sobbing woman whose uninsured sister recently died of colon cancer.

The sister of Stephanie Miller, from Sandusky, OH, would have been covered if Obamacare were fully implemented when she got sick. Instead, the woman was left without insurance and couldn’t get the health care she needed. According to a report from the event, President Obama offered Miller his condolences:

As the president was working the rope line, he consoled a crying woman who was telling him a story. Pool reached the woman, Stephanie Miller, by phone and got these details.

Ms. Miller said her sister, Kelly Hines, died from colon cancer four years ago because she could not afford proper health insurance. She had no employer-provided coverage

“Even after she was diagnosed with cancer, she was told her income was too high for Medicaid,” Ms. Miller said.

“I thanked him for the getting the Affordable Health Act passed,” she said.

One hundred twenty nine million people have pre-existing conditions. The Affordable Care Act will prevent them from being denied care, either by an individual plan or by an employer. Should Republicans repeal the law, as they have promised, those people could once again find themselves in that situation. Republicans’ only solution is to put people like Miller’s sister into unsustainable, high-risk pools, or force them to go without care.

Election

VIDEO: Joe Walsh’s ‘Ashleigh’ Extravaganza

This afternoon, CNN host Ashleigh Banfield took Rep. Joe Walsh (R-IL) to task over his comments concerning his opponent, Tammy Duckworth. Walsh responded with a condescending repetition of the host’s name that topped out at 93 times. ThinkProgress has the video, with the counter to confirm. Watch it:

Economy

Workers Laid Off During The Rest Of 2012 Will Receive No Federal Unemployment Benefits

Jobless Americans are facing a cliff when it comes to their unemployment benefits. As a new report from the National Employment Law Project notes, due to Congress phasing out federal unemployment benefits that were implemented as a response to the Great Recession, U.S. workers who lose their jobs from the first week of July forward will only be eligible to receive 27 weeks of benefits at the state level, not the extended benefits that have been available for the last several years:

The [Emergency Unemployment Compensation] program is scheduled to expire at the end of December 2012. Workers who lose their jobs during the first week of July and thereafter will thus face having no federal benefits when they exhaust state UI benefits. Unlike prior authorizations of the EUC program, which provided for a graduated phase-out of eligibility for workers receiving benefits on the scheduled expiration date, workers receiving EUC at the end of the year face a “hard” cut-off: their benefits will stop. This means that unless Congress reauthorizes the EUC program by the end of December, no unemployed worker will receive any federal unemployment benefits for the weeks after December 29, 2012.

Though the labor market is improving, there are still nearly four unemployed workers for every available opening, and the average duration of unemployment is currently 40 weeks — longer than the 26 weeks of benefits most states provide. Since the recession, the federal government has picked up the tab for up to 99 weeks of unemployment through the EUC program.

If Congress allows the EUC program to expire at the end of the year, more than two-thirds of the unemployed will not be receiving any benefits at all. Even with the federal benefits program, less than half of the unemployed currently receive benefits.

NEWS FLASH

Obamacare Is A Major Tax Cut For Middle Class Families | Following the Supreme Court’s Affordable Care Act ruling, Republicans — including Mitt Romney — have vigorously insisted that the Affordable Care Act is a tax on the American people. But instead of being a tax increase, Obamacare will provide millions of families with large tax credits to make health care more affordable. Only about 1 percent of Americans who could afford health care but don’t buy coverage would have to pay the tax, and the penalty would only be an average of $600. The Center for American Progress shows how Obamacare is actually a major tax cut for many families:

Angela Guo

Justice

Zimmerman Attorney Seeks Donations From People Who Also Would Have Shot Trayvon Martin

Today, Florida Judge Kenneth Lester set a new bond of $1 million for George Zimmerman. Lester said that Zimmerman, whose bond was originally set at just $150,000, was “manipulating the system” and, but for GPS monitoring, “would have fled the United States with at least $130,000” that he failed to diclose to the court.

In a posting to his website after the new bond was announced, Zimmerman attorney Mark O’Mara sought more donations from people who also would have shot and killed Trayvon Martin:

For those who have given in the past, for those who have thought about giving, for those who feel Mr. Zimmerman was justified in his actions, for those who feel they would do the same if they were in Mr. Zimmerman’s shoes, for those that think Mr. Zimmerman has been treated unfairly by the media, for those who feel Mr. Zimmerman has been falsely accused as a racist, for those who feel this case is an affront to their constitutional rights — now is the time to show your support.

O’Mara said Zimmerman would pay an additional $85,000 to a bail bondsman to secure his release but, combined with other expenses, would wipe out his current legal defense fund.

Previously, Zimmerman apologized to Trayvon Martin’s parents for shooting and killing their son. He said that he thought Martin was older and did not know if he was armed.

Climate Progress

NOAA Says ‘Chances Increase For El Niño’: That May Be Good for U.S. In Short Term, But Would Lead To Rapid Warming

It’s looking increasingly likely we’ll see an El Niño starting this summer. If so, next year will almost certainly be the hottest year on record.

The silver lining is that climatologist Kevin Trenberth says an El Niño would probably be a change “for the better” for the U.S. ”in the short term” since it might mean a weaker hurricane season and some relief for the devastating drought that is slamming the Southwest.

The latest U.S. Drought Monitor shows just how widespread the drought is:

So what’s coming? NOAA’s’s Climate Prediction Center says in its monthly “El Niño Southern Oscillation (ENSO) Diagnostic Discussion“:

ENSO Alert System Status: El Niño Watch

Synopsis: Chances increase for El Niño beginning in July-September 2012.

Let’s look at the global and national implications.

Globally, as I discussed last month, NASA said that the development of an El Niño this year would lead to “rapid warming.” That’s because the supposedly slow rate of recent global warming was actually due to the deepest solar minimum in a century combined with that the fact that “the cool La Niña phase of the cyclically variable Southern Oscillation of tropical temperatures has been dominant in the past three years.”

With global warming continuing unabated and the sun coming out of that atypical minimum, an El Niño would make a new global record all but inevitable. After all, we just had the warmest La Niña year on record:

Global average surface temperatures during El Niño and La Niña years.

As NASA wrote in its January analysis, “Global Temperature in 2011, Trends, and Prospects”:

We conclude that the slowdown of warming is likely to prove illusory, with more rapid warming appearing over the next few years.

At a national level, an El Niño this summer may be a good thing, at least for a while. Kevin E. Trenberth, senior scientist at the National Center for Atmospheric Research, explained what an El Niño would mean for us:

The developing El Nino is apt to change weather patterns across the United States and perhaps in the short term, for the better. The hot dry pattern that has prevailed has the potential to be changed as the North American monsoon kicks in in July to provide some relief in the Southwest.  It also acts to shift hurricane activity to the Pacific, making for a less active Atlantic hurricane season. The strongest effects are in the winter half year, however. Look for higher global mean temperatures over the next year.

Certainly we need relief from the drought — and a less active hurricane season is always a good thing.

El Niño and La Niña are typically defined as sustained sea surface temperature anomalies (positive and negative respectively) greater than 0.5°C across the central tropical Pacific Ocean (the so-called Nino3.4 region). You can read the basics about ENSO here.

Right now, the Australian government’s Bureau of Meteorology reports, the Nino3.4 sea surface temperature index just shot up to 0.7°C — a 0.3°C jump in the last two weeks:

Read more

Alyssa

Why ‘Louie’ Is So Excellent—And Why It’s Getting Better Faster Than Other Shows

I’ve been holding off on writing about this season of Louie, in part because the first five episodes of the season, which I was fortunate enough to watch in advance, are so good that I’ve had a hard time thinking critically about them. But over at Slate, David Haglund wrote something terrifically perceptive about the show that I think is worth sitting with a little bit. He explained that where Curb Your Enthusiasm “keeps David in the kind of fictional (or semifictional) universe we’re accustomed to on TV, with a cast of regular characters and plotlines that extend through multiple episodes in the manner of a more typical sitcom. Louie has none of those things. While the show’s premise, if it can be called that—single dad with two daughters bumbling through life in New York City—might feel familiar, almost nothing else does.” That’s key to the show’s shambling, improvisational feel. But it also means that Louie can grow and improve faster than almost any other show on television, unmoored by a consistent continuity, timeline, or ensemble cast.

In previous seasons, Louie fell back frequently on a somewhat problematic crutch: he’d encounter a young, very pretty, blonde woman who challenged his worldview, hear her out, and sometimes, win her over. He did this with the anti-masturbation activist he debated on television, who he ended up spending a physically chaste but mentally filthy evening with, and with the cheerleader who was disgusted by his stand-up material but charmed by his tender care for his daughter’s duckling during their USO tour in Afghanistan. I don’t think that at any point Louie was condescending to these characters—he’s spoken about how his desire to have his character try to learn something from these kinds of people is genuine, and how he sincerely believes that his worldview is kind of broken and doesn’t serve him well. But they were never quite people so much as they were stand-in for ideas.

Now, if this was a conventional television show, Louie would have to go through a clear process of character evolution. He’d have to realize that his fascination with winning these women’s approval, much like his crush on Pamela, were a symptom of something, whether chasing unobtainable people after his divorce to avoid risk, or a reversion to his single years. There would be error, reckoning, hurting someone he loved (maybe his daughters), and a recalibration, moving Louie towards the kind of women we see him dating this season. And then, somewhere along the way, there would be will-they-or-won’t-they, and the promise of true love. Louie has precisely none of these things. Instead, it’s just recalibrated. The show suddenly has Louie dealing with his wife in a relatively mature way—even if their interactions are occasioned by relatively immature circumstances, like a midlife crisis motorcycle accident. He’s dating women his own age—even if he can’t handle a breakup appropriately or navigate a blind date (tonight, with Melissa Leo) with grace. Louie is just there, doing these things, jettisoning a schtick that was in danger of getting old without feeling angsty about it.

I’m not sure this kind of freedom is something that would be good for, or workable in, most television shows. Continuity and clear character arcs are a helpful tool for shows with multiple writers, a solution to a too many cooks problem that Louie doesn’t have to grapple with since C.K.’s vision is so clear throughout it. Even Girls, a show which is similar to Louie in its approach to sex and bodiliness, has been well-served by the imposition on Lena Dunham’s of both a sitcom structure and the need for clear in-episode and season-long arcs. But in the very rare case like Louie where the audience is on board for the project and the vision, it’s pretty breathtaking to watch a show both fix its weaknesses and move its main character forward in big leaps and bounds. Louie’s life may be a mess. But Louie is assured and precise in a way that’s truly wonderful.

LGBT

Discriminating Athletic Club Will Now Serve Same-Sex ‘Households’

Same-sex couples Will Trinkle and Juan Granados had purchased a family membership to the Roanoke Athletic Club so they could take their 2-year-old son to its outdoor pool. Less than two weeks later, their membership was revoked because, the club claimed, they were not a “family” under Virginia law. A viral Change.org petition and lawsuit from the couple received national attention, and now the club is changing its ways, announcing today on Facebook that it was changing its policy from a a “Family Membership” to a “Household Membership”:

In keeping with this goal, and in recognition of the many contemporary households that can benefit from our facilities through discounted membership fees, we are pleased to announce that we have expanded our Family Membership into a new Household Membership with the following criteria:

A household consists of a primary member and up to one additional household member that permanently lives in the household, and any of their dependent children under the age of 22 who also reside in the household on a permanent basis.

The change is a bit of a back-handed compliment. The Trinkle-Granados family can now enjoy its community’s resources just like other families — this is true. Unfortunately, it seems that in order to make this change, the owners of the Roanoke Athletic Club had to stop using the word “family” if it applied to same-sex couples, and they did so in a very public way such that all family memberships will be converted. The inherent stigma communicated to members — that gay “households” are preventing all “households” from being identified as “families” — suggests that the club could still be an unwelcoming place for the Trinkle-Granados family.

Security

Santorum Claims Obama Might Bomb Iran To Win Election

Former Republican Senator from Pennsylvania Rick Santorum may have ended his presidential campaign in April, but his conspiracy theorizing about Barack Obama’s foreign policy hasn’t stopped. Santorum, who has previously stated that if elected president he would attack Iran and claimed Obama is helping Iran acquire nuclear weapons, told right wing radio host Steve Malzberg on Thursday that Obama may bomb Iran in October to ensure his reelection.

Read the exchange:

STEVE MALZBERG: Even doing something against Iran, which probably fundamentally in his core, he doesn’t want to do because all he wants to do is have dinner with Ahmadinejad.

RICK SANTORUM: … Foreign policy is just something that is a distraction to him. Something that we will deal with later….What he believes he needs to do to win the election is some sort of October Surprise…there is no question that is one of the things that I’m sure he will look at.

MALZBERG: We’re talking about possibly attacking Iran. You wouldn’t be surprised?

SANTORUM: I don’t know…It would not surprise me that this president would do anything to let the country know that he’s on the watch and that he is a vital player in keeping us safe.

Watch it:

Obama has declared numerous times that the military option is on the table, but the administration has also spoken honestly about the negative consequences of an attack on Iran’s nuclear facilities. U.N. Ambassador Susan Rice stated in March that the administration sees a diplomatic resolution as “the best and most permanent way” to resolve the crisis. That position was echoed by the Mitt Romney campaign last month.

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