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Economy

GOP Congressman: House Republicans Should Join Hands With Obama On Tax Bill

A Republican Congressman is urging the GOP to support legislation extending President Bush’s tax cuts for 98 percent of Americans that will expire if Congress does not act before the end of the year, Politico reports. Rep. Tom Cole (R-OK) told colleagues on Tuesday that by agreeing to President Obama’s approach and providing tax relief for the majority of Americans, the party could honor Grover Norquist’s no-tax pledge and still push for extending the tax breaks for the richest 2 percent of income earners:

At a meeting of the House GOP whip team earlier in the day, he made the case that Republicans would strengthen their position by joining hands with President Barack Obama now to give most taxpayers what he calls “an early Christmas present” of ensuring their taxes don’t go up on Jan. 1.

Cole’s position is striking because he’s hardly a “squish” — Norquist’s term for a weak-kneed lawmaker — when it comes to Republican orthodoxy. Cole served as chairman of the National Republican Congressional Committee and in other official posts within the party. [...]

“I think we ought to take the 98 percent deal right now,” he said of freezing income tax rates for all but the top 2 percent of earners. “It doesn’t mean I agree with raising the top 2. I don’t. Instead, he told POLITICO, Republicans should fight the president over tax rates for the top earners after everyone else is taken care of.

The Senate passed legislation maintaining Bush’s tax cuts for all but the top 2 percent of income earners in July and Obama has urged the GOP-controlled House to support the bill.

Update

Boehner rejected Cole’s proposal during a press conference on Wednesday:

Security

How Convicting A Troll Threatens The Cybersecurity Community

Andrew Auernheimer

Andrew Auernheimer, also known as “Weev”, was convicted of identify fraud and conspiracy to access a computer without authorization last week for using a script to collect the email addresses of 114,000 iPad AT&T left (albeit accidentally) unencrypted on the internet and available to anyone with a web browser. Auernheimer is the opposite of a traditionally sympathetic character: He’s a self professed troll and hacker who once headed a group with an incredibly racist and homophobic name, spouts anti-Semitic conspiracy theories, and comes across as a delusional fabulist in a recent profile by Gawker’s Adrian Chen.

 

And yet his conviction has spread a creeping chill through the cybersecurity community, largely due the possible threat it poses to its future. Many security researchers spend countless hours hunting for vulnerabilities to exploit in exchange for cred from their peers or bounty cash from vendors, living in delicate symbiosis with the companies whose flaws they uncover. Security researcher Matt Blaze sums up the situation nicely in an opinion piece about the Auernheimer case for Wired:

“Because computer science has yet to discover a systematic way to find and fix all the vulnerabilities in real-world systems before they get deployed, independent security researchers who discover and report weaknesses have become an essential part of the security ecosystem. Continually poking at systems to seek out hidden flaws is the only hope we have of staying ahead of the bad guys, and the software industry has largely come to recognize that the motley assortment of academics, consultants, and hackers who look for security holes are a community to be cultivated and encouraged – even if the proof of vulnerability they bring may sometimes be painful and embarrassing.”

Now, Auernheimer is by no means a pillar of responsibility in the hacker community. He went straight to the press with the vulnerability rather than notifying AT&T, and chat logs show him apparently gleeful at the prospect of making AT&T’s life difficult. But when anyone, even someone who has burned as many bridges as Auernheimer, is convicted for the same day-to-day activities members of the cybersecurity community do in their line of work, of course it raises concerns, particularly because Blaze and many others in the community credit AT&T’s pain and embarrassment over their security faux pas with Auernheimer’s conviction — not malice or wrongdoing on his part. After all, the information he was convicted for obtaining wasn’t actually secured in anyway, some experts have even compared it to the crawling of sites done by Google.

By going after Auernheimer, the government sent a signal to the hacker community that even if you don’t do anything nefarious in your exploits they can and will take you down — and that threat to the community is bad for security in the long term because if the “good guys” don’t feel they can ply their trade without the risk of prosecution, it leaves more vulnerabilities waiting for people who would rather exploit than expose them. Certainly, one of the last high profile cases involving someone being arrested for exposing a vulnerability, United States v. ElcomSoft and Sklyarov, didn’t work out well for anyone involved, including the company trying to protect its assets. Who knows how many security researchers will lay low this time, waiting to see how the Auernheimer case shakes out? They may not have to wait long, Auernheimer is appealing.

Health

Rick Santorum Opposes Equal Rights Treaty For People With Disabilities

Rick Santorum and his daughter Bella

On Tuesday afternoon, Sen. John McCain (R-AZ) read a letter from former Sen. Bob Dole (R-KS) imploring Senate Republicans to ratify a United Nations treaty affirming equal rights for disabled individuals. Dole, who was hospitalized on Tuesday, was a World War II veteran who suffered lasting disabilities after his service.

Senate Majority Leader Harry Reid (D-NV) announced Monday that he plans to bring the treaty up for a vote in the Senate — but, despite widespread support for the measure, Republicans seem bent on killing it again this time around after blocking Democrats’ last attempt to ratify the treaty in August.

Former GOP presidential candidate Rick Santorum is leading the charge against the treaty. Santorum, whose daughter was born with a rare genetic disorder, takes issue with protections that allow the state to separate a child from a parent if “such separation is necessary for the best interests of the child,” such as in cases of emotional or physical abuse. At a press conference with Sen. Mike Lee (R-UT), Santorum called this “a direct assault on us and our family.” He expanded on that point in an interview with CNN’s Piers Morgan on Monday night:

It’s the convention for the Rights of People with Disabilities, which sounds like a wonderful thing. But the problem is there’s a provision in this international law which we would be adopting if the Senate ratifies this that puts the state, the state in the position of determining what is in the best interest of a disabled child. And as the — as the father of a little girl who, if you look up the medical definition of her condition, says it’s incompatible with life, I hesitate to think what those in government and in charge would think that — how our daughter should be treated and what medical treatment should be available to her if her diagnosis is — it’s incompatible with life.

And so this would be something unprecedented in American law to give the state the ultimate authority as to what is in the best interest of your child. Historically the United States has been clear. Parents, unless they’re unfit for some reason, get that decision. This would change under this convention, and that’s why Karen and I stood forward today and along with Mike Lee from Utah, and said we have to oppose this.

Watch it:

The treaty, which bans discrimination against people with disabilities, was originally signed in 2006 under George W. Bush’s administration and re-signed in 2009 by President Obama. More than 150 nations have signed it and 126 have already ratified it, and it is backed by a range of disabilities and veterans groups as well as the U.S. Chamber of Commerce. The specific article that Santorum is concerned about actually ensures that disabled children are not separated from parents against their will or on the basis of their disability or a parent’s disability. Only in cases where a judge determines a child is being abused or neglected would a separation be allowed. This is more or less identical to the U.S.’ current policy, which Santorum himself acknowledges.

In fact, as Dana Milbank points out, the treaty requires other nations to model their laws on the Americans With Disabilities Act, which already forbids discrimination based on disability.

The ADA ensures that Santorum’s daughter, Bella, cannot be blocked from going to school or from receiving the medical treatment and accommodations she needs. In opposing the treaty, Santorum is actually opposing those same protections for other disabled people all around the world.

Justice

Public School Enlists Controversial Private Prison Firm To Conduct Drug Raids

The nation’s largest private prison corporation appears to be playing a part in drug raids at some Arizona public schools, PRWatch reports. On October 31, Vista Grande High School in Case Grande, Arizona had its first drug raid in the school’s four-year history. Three students were arrested for marijuana possession, and if one is charged with a felony, she could face prison.

One of the four parties involved was Corrections Corporation of America, which operates private prison facilities notorious for poor treatment and violations. Neither the Police Department Public Information Officer nor the high school’s principal saw a problem with the company’s participation:

According to Casa Grande Police Department (CGPD) Public Information Officer Thomas Anderson, four “law enforcement agencies” took part in the operation: CGPD (which served as the lead agency and operation coordinator), the Arizona Department of Public Safety, the Gila River Indian Community Police Department, and Corrections Corporation of America (CCA).

It is the involvement of CCA — the nation’s largest private, for-profit prison corporation — that causes this high school “drug sweep” to stand out as unusual; CCA is not, despite CGPD’s evident opinion to the contrary, a law enforcement agency. [...]

Despite the obvious differences between CCA and actual law enforcement agencies, those involved in the Vista Grande High School drug sweep seem unable to differentiate between CCA employees and law enforcement officers.


”CCA is like a skip and a hop away from us– as far as the one in Florence,” said Anderson. “We work pretty closely with all surrounding agencies, whatever kind of law enforcement they are– be they police, or immigration and naturalization, or the prison systems. So, yeah, this seems pretty regular to me.”

CCA has a strong presence in the Arizona county, where it operates six facilities. The state recently awarded CCA a contract for 1,000 new beds. Arizona already houses 6,500 of its inmates in private prisons. CCA does not save the state money, either. According to a report by American Friends Service Committee, the state overpaid its private prison industry by $10 million between 2008 and 2010. In return, the facilities had 157 serious security failings.

CCA has been at the heart of controversies across the country: In Idaho, a lawsuit alleges that CCA partnered with violent gangs to save money. At another facility, CCA’s poor treatment of inmates reportedly led to a deadly riot. Not too surprisingly, CCA was also active in the American Legislative Exchange Council until 2010.

NEWS FLASH

New Hampshire Trans Representative Resigns | New Hampshire state Rep-elect Stacie Laughton (D) has submitted her resignation after it came to light that she served four months in prison in 2008 for credit card fraud. In New Hampshire, convicted criminals are ineligible for public office for ten years, so Laughton would not be able to assume her seat for six more years anyway. She made significant news as the only trans candidate elected this year; unfortunately, her victory will now not result in a trans person actually serving in office.

Economy

CEOs Looking To ‘Fix The Debt’ By Cutting Social Security Sit On Huge Retirement Accounts

Several CEOs — under the guise of a campaign known as “Fix the Debt” — have recently called for cuts to Social Security and other entitlements. Goldman Sachs CEO Lloyd Blankfein, for instance, said that “there will be things that, you know, the retirement age has to be changed, maybe some of the benefits have to be affected, maybe some of the inflation adjustments have to be revised.” “The solutions [to the fiscal cliff] are – it’s the retirement age; means testing Social Security and Medicare,” said Aetna CEO Mark Berolino. “We just need to get leadership.”

Of course, these CEOs have little cause for concern if government retirement assistance is cut, as they have millions of dollars squirreled away in their personal retirement accounts:

The 71 Fix the Debt CEOs of public companies have average retirement assets of $9.1 million. Of these 71 CEOs, 54 participate in their company‘s retirement programs and have collective pension assets of $649 million, or more than $12 million per CEO — enough to generate a $65,873 pension check each month for life. In contrast, the average monthly Social Security check for retired workers is $1,237.

A dozen of the Fix the Debt executives have more than $20 million in their individual company retirement accounts. If each of these CEOs converted their assets to an annuity when they turned 65, they would receive a monthly check for at least $110,000 for life.

Blankfein has nearly $12 million in retirement assets, while Bertolini has $1.5 million. Adding insult to injury, many of the CEOs calling for cuts to the social safety net are underfunding their workers’ retirement accounts:

Of the 71 publicly held Fix the Debt member companies, 41 provide employee pension funds for their workers. Of these, only two have sufficient assets in their pension funds to meet their expected obligations. The rest have underfunded their worker pension funds by $103 billion, or about $2.5 billion on average.

Since 1985, 84,000 pension plans have been eliminated. And now these CEOs are coming after the government programs upon which the elderly, and many others, depend.

Climate Progress

After 30 Years, Al Gore Still Advocates A Carbon Tax

Gore Derangement Syndrome Lives — But Not Here

The inimitable Dave Roberts of Grist had a good interview with Al Gore this month. The Climate Reality founder discusses “carbon taxes, natural gas, and the ‘morally wrong’ Keystone pipeline.”

Since a carbon price is the sine qua non of reality-based climate policy, and Gore has been way, way ahead of the curve, I’ll excerpt that portion. At the end, I’ll also comment on Grist’s comment policy and Gore Derangement Syndrome.

Q. Did you hear [White House press secretary] Jay Carney this morning?

A. No, God help us, what’d he say?

Q. He said, “We would never propose a carbon tax, and have no intention of proposing one.”

A. I don’t think that comes as a big surprise to anyone. Those of us that hold out some hope that we will find a way to get a price on carbon, and know there are multiple ways to do it, have felt that the convergence of the fiscal cliff and the climate cliff could produce some surprising results. And there have been some private comments by some Republicans to that effect. But certainly that’s something you wouldn’t wanna bet money on in Vegas.

Q. What do you think of this idea of a revenue-neutral carbon tax?

A. I have proposed a revenue-neutral carbon tax for a long time, 30 years. I proposed it in my first book, Earth in the Balance.

I supported cap-and-trade because a lot of folks felt that it offered the opportunity for bipartisan consensus. And by the way, it may yet gain altitude globally — China, as you know, is implementing it in five provinces and two cities. They have indicated that they intend to use these pilots as a model for the nationwide program. Many are skeptical, but they often do follow through with what they say they’re going to do. And [cap-and-trade] just started in California yesterday. Australia is now linking theirs to the E.U. system. South Korea’s moving, British Columbia, Quebec — there are a lot of parallel developments that could converge, particularly if China does follow through. It’s premature to write [cap-and-trade] off, even thought it’s has been demonized and so many people are afraid to talk about it.

But from the very beginning, I preferred a carbon tax. (And by the way, I’d be in favor of both; I don’t think they’re inconsistent at all.) And yet, the political environment in the U.S. has not changed to the point where it’s something you’d wanna bet on. But look, we’ve got to solve this. It’s an irresistible force meeting an immovable object, and something’s gotta give. I have enough faith in humanity to believe, against a lot of evidence, that we’re going to solve this.

Q. Does this idea of a carbon/income tax swap make you nervous? The income tax is one of the only places we have progressivity in the U.S. tax code.

A. I have not proposed doing it on the income tax, I have proposed doing it on the payroll tax. I am also friendly to the notion of a rebate scheme, though I doubt they’ll do that. It needs to be progressive — the rising inequality in the country is too serious to run the risk of worsening that.

Q.Do you worry that you getting out in front of this might brand it in a certain way —

A. Well, they come after anybody who speaks up in favor of doing something on climate. It’s not going to surprise any of them that I’m in favor of it. I’ve said it on practically a daily basis for years and years.

Gore’s last answer is dead on. The anti-science crowd demonizes all climate hawks. That is hardly a reason for silence by any hawk on any aspect of climate science, solutions, or policy — quite the reverse. Certainly the public opinion data makes clear that Nobel laureate did not polarize the climate debate – and every leading social scientists in the field I’ve spoken to agrees (see “Public Opinion Study Debunks Claim Al Gore Polarized the Climate Debate“).

Despite the fact that the science continues to support a worse-case analysis than the one Gore advanced in An Inconvenient Truth, the vitriol against him continues to this day, so much so it has its own label “Gore Derangement Syndrome.”

And if you want to see an epidemic of GDS, just go to the comments section of the Grist interview — but put on your head vise first. That may be the best argument I’ve seen in a while for moderating comments, which the overwhelming majority of blogs do. I’m a huge fan of Grist’s — they reprint Climate Progress pieces and we reprint theirs — but I’d urge them to at least put an intern on that job. What really is the point of a comments section if it can be overwhelmed by those spreading disinformation and/or Gore Derangement Syndrome?

Alyssa

Marvin Miller, Baseball’s Labor Pioneer, Dies At 95

Marvin Miller, the labor leader who built the Major League Baseball Players Association into sports’ most powerful union, died today. He was 95.

You won’t find Miller in baseball’s Hall of Fame, but that doesn’t mean he isn’t among the game’s most important figures. The Babe Ruth of labor negotiations, Miller took over a weak union in 1966 and immediately turned it into a force that would be modeled in other sports thereafter.

Miller led the union through a total of five work stoppages and, as adviser to the MLBPA, worked alongside it during three more. His victories were numerous. He led baseball players into the first collectively bargained contract in professional sports history in 1968; in 1972, he led the first major players’ strike in the history of American professional sports. Later that year, he led former St. Louis Cardinals outfielder Curt Flood’s unsuccessful challenge of the reserve clause, the rule that gave owners sole control over player contracts and movement. In 1975, baseball’s independent arbitrator — who existed because of a union victory — invalidated the reserve clause in response to another Miller-led challenge, paving the way for free agency that gave players labor rights they had never had before.

Free agency ensured that baseball’s players wouldn’t be excluded from the new-found prosperity that came from television contracts. When Miller took over the union in 1966, the average salary was just $14,000. By 1976, it had grown to $52,000 and the next year, star players like Reggie Jackson received multimillion-dollar contracts. The rise in salaries bolstered the players’ once-meager pension plan, making it the real retirement program they had long sought. By the time he retired in 1982, the average salary was up to $245,000; on the day of his death, it exceeded $2.3 million.

Critics of professional sports often point to the astronomical salaries players now receive. Those are, in part, Miller’s doing, but that is a point to praise, not to criticize. Miller recognized that the labor of the athletes he represented had substantial value, and a $6,000 minimum salary that hadn’t moved in nearly two decades wasn’t close to meeting it. It was Miller who convinced players to think like union workers (he came from the steelworkers union) who had extracted better salaries and benefits from corporate owners in other industries; it was Miller who got players to hold firm during fights for their rights. It was Miller who, when players were angry at Flood for disrupting the status quo, eventually coalesced them behind the idea that they weren’t just lucky to play a boy’s game for a living, but that they had worth and rights and that neither was being honored by baseball’s employment structure.

His victories resonated both inside and outside baseball, which today is home not just to the strongest union in sports but perhaps the strongest union in America. The 1981 strike he led and the 1994 World Series-cancelling strike that followed still stand as models of solidarity and determination; rather than break the union, the ’94 strike seemingly broke owners, who finally realized they would have to negotiate in good faith. After labor disputes ground baseball to a halt eight times between 1972 and 1995, the sport hasn’t had a work stoppage since. Miller is gone, but the union that has made baseball prosperous for both owners and players today is built on the foundations he put in place.

“All players – past, present and future – owe a debt of gratitude to Marvin, and his influence transcends baseball,” MLBPA director Michael Weiner said in a statement. “Marvin, without question, is largely responsible for ushering in the modern era of sports, which has resulted in tremendous benefits to players, owners and fans of all sports.”

Miller’s victories spurred labor movements in the other major American sports, leaving a legacy that today makes sports one of the labor movement’s strongest fronts. It isn’t implausible to think that without him, sports today would be union-free games where the labor didn’t share in the prosperity gained by the corporate class. Even if baseball owners never get over themselves and put Miller in baseball’s Hall of Fame, his legacy will stand among the giants of sports. Marvin Miller didn’t just change baseball. He made all of our sports better games.

Justice

GOP Senator: If Immigrants Want A Path To Citizenship, They Can Just Marry Americans

Lawmakers from both parties have expressed new interest in comprehensive immigration reform, including a path to citizenship for the 11 million undocumented immigrants, after Latino voters overwhelmingly supported President Obama in the presidential election. But the bill introduced on Tuesday by retiring Republican Sens. Jon Kyl (AZ) and Kay Bailey Hutchison (TX),  dubbed the ACHIEVE Act, is nothing more than a watered-down version of the bipartisan DREAM Act without a clear path to citizenship for those who would qualify under the measure.

Hutchison emphasized that the measure, which would require applicants to apply for three different visa programs over several years, does not offer a pathway to citizenship for undocumented immigrants. “It doesn’t allow them to cut in line in front of people who have come and abided by the rules of our laws today,” she said during a press conference. “It doesn’t keep them from applying under the rules today, but it doesn’t give them a special preference.”

Kyl sought to dismiss the necessity of providing immigrants with a path to citizenship by suggesting that they should — unlawfully — marry U.S. citizens for immigration purposes:

KYL: Realistically, young people frequently get married. In this country, the biggest marriage pool are U.S. citizens. A U.S. citizen can petition for a spouse to become a citizen in a very short time…so I don’t think it’s any big secret that a lot of people who might participate in this program are going to have a very quick path to citizenship, if that’s the path they choose.

Watch it here:

The senators admitted during a press conference that it is unlikely they will make much progress on this bill while they are still in the Senate. They said they wanted to begin the process and let other senators take up the effort after the lame duck session. The ACHIEVE Act is reportedly based on Sen. Marco Rubio’s (R-FL) working draft of a GOP alternative to the DREAM Act, an idea he floated last summer. So far Rubio is not a co-sponsor of this bill.

Health

Fox News Host Demands To Know Why Democrats Won’t Raise Medicare Age

Fox News might not need to invite Republican guests onto their programs any more; the hosts themselves seem to be doing a good enough job of reciting GOP policies live on air.

In the latest example, host Martha MacCallum on Tuesday quizzed Rep. Chris Van Hollen (D-MD) repeatedly on why his party wouldn’t raise the Medicare age, going so far as to disagree with surveys the Congressman cited and proposing to find other guests who might accept a different set of facts:

MACCALLUM: But you are reforming the Medicare system because it’s going to go bust in several years, so if you prolong the program and you make the age later — people are living longer, so isn’t that age sort of outmoded and isn’t that a good thing to address long-term?

VAN HOLLEN: There are a lot better ways of doing it. [...]

MACCALLUM: But what we’re seeing, though, is people are losing services because what’s happening is doctors are no longer taking Medicare patients. You need to find a different way to get at the problem because they are losing those services as a result of that anyway.

VAN HOLLEN: Actually, Martha, every survey that’s been taken shows that patient satisfaction in the Medicare program is much higher than patient satisfaction in the private health insurance market. That’s been the result of numerous surveys that have been done over the last couple of years.

MACCALLUM: I could introduce you to doctors who would say otherwise and say they are no longer taking Medicare patients as a result of all this.

Watch it:

In fact, Van Hollen is right about patient satisfaction with Medicare. Patients do attest to being more satisfied with the program than with private insurers. Increasing the eligibility age would only save Medicare money by shifting the cost burden onto older Americans who find themselves between the old eligibility age and the new, as well as onto employers and states. And the savings themselves are minuscule. According to the Congressional Budget Office (CBO), the change “would have little effect on the trajectory of Medicare’s long-term spending…because younger beneficiaries are healthier and thus less costly than the program’s average beneficiary.”

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