ThinkProgress Logo

Security

ICE Claims It’s Not Legally Responsible For Immigration Detention Death

detentionLast week, Wonk Room reported that a federal judge rejected a U.S. government request to dismiss a lawsuit brought against immigration authorities by a U.S. citizen and military veteran who claims that he was mistakenly detained for seven months. This week, a judge will decide on whether the federal government bears culpability for another immigration detention slip up: the August 2008 death of Chinese immigrant, Hiu Lui “Jason” Ng. ICE is also arguing that this case should be dismissed on grounds that staffers at the jail at which NG died are contractors — not government employees.

After emigrating to the U.S. from China in 1992, Ng became a computer engineer, a husband of a U.S. citizen, and a father to two American-born sons. Ng, who had overstayed a visa years earlier, was going into his final interview for a green card when he was swept into immigration detention where he spent the final months of his life. When Ng complained that he was experiencing excruciating back pain while in custody he was allegedly accused of faking symptoms and ultimately pressured by an immigration officer to withdraw all pending appeals of his case and accept deportation. By the time Ng was finally taken to a hospital, he had terminal cancer and a fractured spine. He died five days later.

Ng’s family has named ICE and about two dozen other defendants in its lawsuit. While ICE has acknowledged that Ng was mistreated, the agency doesn’t think it should be held legally responsible for his death since Ng was under the supervision of contractors, not ICE staff. However, lawyers for the Ng family argue that the government’s defense is a troubling attempt to “punt responsibility and have it both ways.” Steven Brown of the American Civil Liberties Union, which brought the lawsuit, points out:

Only the government has the ability to lock people away, and yet it wants to wash its hands of any responsibility of what happens once people are detained in these facilities…It only increases the severity of the problems because of the total lack of accountability.

To ICE’s credit, the agency did pull all 153 of its immigration detainees from the jail in which Ng died, terminated its contract and issued a report lambasting the detention facility’s staff. Late last year, ICE announced that it was implementing reforms that move away from the “decentralized, jail-oriented approach” of the Bush administration with the goal of bringing “improved medical care, custodial conditions, fiscal prudence, and ICE oversight” to the U.S. detention system. However, while these necessary changes are commendable, they don’t excuse ICE from assuming legal responsibility for the missteps, blunders, and tragedies that developed under its watch.

Yglesias

Marginal Costs and Average Costs

Nate Anderson at Ars Technica has an excellent writeup of the little dustup between me and Sonny Bunch about whether copyright policy should try to serve the interests of consumers or the interests of incumbent producers. I did want to reply, though, to a criticism Anderson made of my post since the general issue of marginal costs and average costs is something that comes up a lot:

One quibble with Yglesias comes in his original post, when he claims that “under conditions of perfect competition, the price of a song ought to be equal to the marginal cost of distributing a new copy of a song. Which is to say that the marginal cost ought to be $0. That’s not a question of habit, you can look it up in all the leading textbooks.”

This is clearly not true; the price of a good in a perfect world would be some fraction of its upfront cost plus its marginal cost. If I write a novel, and it takes me a year of full-time work, but it can be distributed digitally at a marginal cost of $0, that hardly implies that I should price it at $0. I may price it that way, especially if I make money in other ways—through speaking fees, perhaps, or other paper editions of the book. But a year of my time is a fixed cost that needs to be considered when setting the price.

I think I introduced unnecessary confusion to this issue with the use of the word “ought” which seems to imply an ethical claim about the price of goods. The point, which really is in all the intro microeconomic textbooks, is just that if you had a market that features perfect competition and perfect information goods would, in fact, be sold for their marginal cost rather than for something based on the average cost. That’s because if the market price for widgets is higher than the marginal cost of making another widget, then it makes sense for firms to ramp up widget-production. This process will either drive the price of widgets down to the point where it doesn’t make sense to make any more or else firms will hit some kind of production chokepoints where the marginal cost starts to spike. Fixed costs associated with widget-production aren’t really relevant to this. Whether or not building the factory in the first place was a good idea, that’s in the past and it makes sense to keep making widgets at the margin as long as doing so is profitable at the margin—i.e., as long as the sale price exceeds the marginal cost.

This seems wrong to people because in many cases (if not most) average costs will exceed marginal costs and firms will lose money if they sell goods at the marginal cost. But of course it’s a feature of the real world that lots of firms do, in fact, lose money. It’s not rare for a startup to fail nor is it rare for a once-profitable firm to be driven out of business by changes in market conditions or new competition. But of course the other point is that actual markets generally don’t feature perfect competition and perfect information. As per the widget example, a market like that isn’t a very good line of business. This is why people don’t get rich operating storefront dry cleaning operations—you’ve got a generic product and tons of competition.

To return to the intellectual property example, the idea behind giving people patents and copyrights is precisely that it might be a bad idea to force people to sell things (books, songs, prescription drugs) for the marginal cost of distributing them. It might be better to give someone a monopoly on the sale of Abbey Road, The Merchant of Venice, or Propecia. That way you can sell things for much higher than marginal cost and recoup initial investments. But any time you grant a monopoly, you also create some deadweight loss and inefficiency. If we retroactively extended copyright back to works created in the 16th century and nobody could produce any Shakespeare plays due to difficulties in identifying the rights-holder, or Tolstoy’s heir decided he wanted to charge $100 per copy of Anna Karenina the loss to society would be gigantic. So there’s a need to strike a balance through both limited scope of copyright, limited duration of copyright, and to some extent through imperfect enforcement of copyright.

Economy

Rep. McMahon Pushes To Extend All Bush Tax Cuts: Earning $250K ‘Is Barely Making Ends Meet’

Rep. Mike McMahon (D-NY)

Rep. Mike McMahon (D-NY)

There has recently been a slew of conservative voices arguing that the Bush tax cuts for the wealthy should be extended because $250,000 in yearly income is really not that much money. For instance, Fox News’ Martha MacCallum said “people who make $250,000 — in some parts of this country, they may not consider themselves rich,” while CNN’s Karin Chetry added that “some would argue that in some parts of the country that [$250,000] is middle class.” Republican National Committee Chairman Michael Steele even said “trust me, after taxes, a million dollars is not a lot of money.”

But this line of reasoning is no longer the sole property of conservative commentators. Rep. Mike McMahon (D-NY), who is one of the House Democrats joining the charge to extend all of the Bush cuts, had this to say:

“I think it is a political liability because it’s a [bad] policy right now for the economy and could have a bad impact on jobs,” said McMahon…“A working couple making $250,000 is barely making ends meet,” he said, adding, “If you have a partnership or an S. Corporation you are definitely affected… As professionals or shop owners or restaurant owners, you get hammered.”

Now, to be fair, McMahon’s district — the New York 13 — encompasses parts of Staten Island, where there are sure to be some well-off families. It’s also New York City, so the cost-of-living is one of the highest around. But still, median income in the district is $60,137. So families in his district that are making $250,000 are still doing very well.

In fact, as Daniel Gross pointed out, “$250,000 puts you in pretty fancy company, especially after the collective pratfall the economy took in 2008″:

The Census Bureau last summer reported that real median household income was $50,303 in 2008, down 3.6 percent from 2007. It’s likely that figure fell further in 2009. So a household that’s making $250,000 today is making about five times the median…And even if you look at the wealthiest metropolitan areas — Washington ($85,236), San Francisco ($76,068), Boston ($70,334), and New York ($63,957) — a quarter of a million dollars a year dwarfs the median income.

Less than 2 percent of the country makes more than $250,000, and you literally need to begin looking at individual neighborhoods to find parts of the country where that much money is not going to cut it.

The point here is not to demonize the rich, but to note that, in a time of economic hardship and worrying long-term deficits, we have to look at raising revenue from somewhere, and letting the Bush tax cuts expire for the very wealthiest makes sense. In fact, as the Center on Budget and Policy Priorities found, allowing these cuts to expire “will avert $826 billion in added deficits and debt over the next ten years.”

And as for McMahon’s charge that small business owners will be affected, the numbers haven’t changed: less than 3 percent of Americans who collect any business income at all (whether from a small businesses or a corporation) will see their taxes affected by the expiration of the Bush tax cuts.

Media

Fox News: Palin’s ‘Telepalmer’ Notes Were A Clever Plot To Call Attention To Obama’s Teleprompter

As ThinkProgress reported on Saturday night, paid Fox News contributor Sarah Palin was caught using “hand”-written notes during a Q & A session at the National Tea Party Convention this weekend. Ironically, during the appearance, Palin also criticized President Obama for using a teleprompter during speeches.

On Fox & Friends this morning, the hosts defended their colleague’s Telepalmer notes. Carlson suggested that it was a brilliantly clever plot to draw attention to Obama’s use of a teleprompter:

CARLSON: I think she did it on purpose. I think she did it on purpose, yeah. Because it’s an exact opposite of reading off the teleprompter with a script written for you with every word in a sentence and here’s she’s just taking crib notes on her hand. It makes her look like she can just talk off the cuff and she just jotted down a few couple notes before she went out to give a big long speech.

DOOCY: I think she did it because she probably does it a lot. I do that all the time. [...]

KILMEADE: But to sit there and look at, and do the interview and look down at her hand, I think that is — like you said before, Gretchen — folksy, absolutely, down-to-earth, I can identify. But if you’re going to write on your hand, why not just say, ‘staffer, hand me a card.’ And then it would be okay.

CARLSON: Nah, like I said, I think it was on purpose. But anyway, we we may never know.

Watch it:

Event organizers admitted the questions were “pre-screened,” but a Palin spokesperson said the former VP candidate had not seen the questions ahead of time. Still, as Huffington Post’s Stefan Sirucek points out, Palin’s “extra help” in front of a friendly crowd is especially ironic because Obama wasn’t using notes of any kind during a recent unscripted Q & A with House Republicans. Obama has also recently held several town halls, where he took questions from the audience and spoke at length without notes.

Transcript: Read more

Yglesias

The Republican Party’s Requited Love for Large Banks

jamie-dimon_-jpmorg_7fe292d 1

The Republican Party is currently attempting to executive a tricky political high-wire act. On the one hand, they’re hoping to turn populist outrage at the financial industry and bailouts into a generalized hatred of government and incumbent politicians that puts them in power. At the very same time, they’re steadfastly opposing any sort of new regulations on the financial industry and are hoping to reap a mighty financial reward for their labors. I wrote the other day about John Boehner making the case to Wall Street that the GOP should be the banksters’ favorite party, and today’s New York Times contains evidence that Boehner’s pitch is working:

[JP Morgan Chase's] chief executive, Jamie Dimon, is a friend of President Obama’s from Chicago, a frequent White House guest and a big Democratic donor. Its vice chairman, William M. Daley, a former Clinton administration cabinet official and Obama transition adviser, comes from Chicago’s Democratic dynasty.

But this year Chase’s political action committee is sending the Democrats a pointed message. While it has contributed to some individual Democrats and state organizations, it has rebuffed solicitations from the national Democratic House and Senate campaign committees. Instead, it gave $30,000 to their Republican counterparts.

The shift reflects the hard political edge to the industry’s campaign to thwart Mr. Obama’s proposals for tighter financial regulations.

I happen to think Obama’s policies and rhetoric on the banks have been too soft and too pro-banker. But you don’t get to become an economy-destroying master of the universe by recognizing when you have a good thing going. Instead, they’re aiming for the full prize—no new regulations plus lower taxes for bank executives—and Boehner and his colleagues are reaping the rewards.

Climate Progress

Massive moisture-driven extreme precipitation during warmest winter in the satellite record — and the deniers say it disproves (!) climate science

Plus Dr. Jeff Masters on “Heavy snowfall in a warming world”

Memo to anti-science crowd:  Precipitation isn’t temperature!

UAH 2-6

Another massive mid-Atlantic precipitation event, another piece of nonsense from the anti-science crowd.   Kevin Mooney of the American Spectator actually wrote an article titled, “Snowmageddon” Versus “Overwhelming Scientific Evidence,” which asserts:

Read more

Politics

Rep. John Murtha passes away.

John Murtha Democratic Rep. John Murtha (PA), who served in Congress since 1974, passed away today. Murtha had been in intensive care after complications arose from his gall bladder surgery a couple of weeks ago. The statement from his office:

Congressman John P. Murtha (PA-12) passed away peacefully this afternoon at 1:18 p.m. at Virginia Hospital Center in Arlington, VA. At his bedside was his family.

Murtha, 77, was Chairman of the House Appropriations Subcommittee on Defense.

First elected to the U.S. House of Representatives in February of 1974, Murtha dedicated his life to serving his country both in the military and in the halls of Congress. A former Marine, he became the first Vietnam War combat Veteran elected to the U.S. Congress.

This past Saturday, February 6, 2010, Murtha became Pennsylvania’s longest serving Member of Congress.

Murtha was close to House Speaker Nancy Pelosi (D-CA), who supported his bid to become Majority Leader, but he was eventually beaten by Steny Hoyer (MD). During the Bush administration, Murtha became a forceful, outspoken voice for Iraq redeployment. In November 2005, the former Marine and Iraq war hawk came out and called for an immediate U.S. withdrawal in Iraq. His stance was a turning point in the war debate, clearing the way for more Democrats to speak up. “The U.S. cannot accomplish anything further in Iraq militarily. It is time to bring them home,” he declared. Murtha had also been dogged by ethics allegations regarding earmarks and his relationship with defense contractors.

Alyssa

Hip-Hop Academia

Kelis & Nas by neilhinchley.

Adam Serwer’s review of Born to Use Mics, a new collection on Nas’s seminal album Illmatic, is typically excellent, framing the problem as an attempt to win hip-hop the status of literature, an attempt that’s driven by the fact that a lot of academics just want to prove they can flow:

The new anthology Born to Use Mics: Reading Nas’s Illmatic, edited by Michael Eric Dyson and Sohail Daulatzai, is a love letter to Illmatic, a self-conscious effort to preserve the album as a classic of poetic nonfiction. There’s plenty of academic work on hip-hop as a musical genre and a cultural phenomenon. But despite being the most distinct and dominant form of poetic nonfiction of the past 30 years, it has yet to be given its due as literature. Sure, your average liberal-arts college has more than its share of rap-focused classes taught by hip professors ready to act as urban-culture guides for wide-eyed private-school kids. (My class at Vassar was called “Literature from the Underground.”) But these are seen as quirky electives. For the most part hip-hop is still fighting a dulled American impulse — the same one that dismissed jazz out of hand as “noise” for so long — that the artistic contribu-tions of urban black culture are just fodder for the groundlings. If Illmatic fails to persuade the reader of hip-hop’s intrinsic value as poetic nonfiction, the editors seem to be asking, what else could?

I’m sure Adam is right, and academics both want to be MCs, and want MCing to carry it with the status that serious academia has.  But I want to interrogate the need to turn hip-hop into literature a little further, because I think it speaks to deeply internalized beliefs, across racial, gender, and age lines, that popular music is a really inferior form of art.  Film studies may privilege art film, but popular movies are very much part of the conversation.  Comic books get elevated into literature unapologetically by people like Michael Chabon.  But of the 147 music classes Yale is offering for the spring semester, including in its School of Music, only two even come close to addressing popular music: a class on music technologies, and one on Afro-Brazilian music.

This strikes me as crazy.  One of the reasons I like the (objectively not very good) Music & Lyrics is because the movie insists that pop music is important.  At one point, Hugh Grant’s character tells Drew Barrymore’s that it’s just as much of an accomplishment to have written a good pop song as a good novel, that the emotional impact of hearing “My Girl” is as legitimate and relevant as the satisfaction you get from reading a big book.  Maybe it’s that we’re embarrassed by sentiment, and that’s why we treat pop music as if it’s a little bit silly.

All of which strikes me as too bad.  If we recognized pop music as the critically important form that it is, it would be enough of a coronation for hip-hop to be taking over the genre.  But because hip-hop is an outsider genre, to truly enshrine it in the artistic canon, it isn’t enough to say it’s become the dominant form of our popular music.  So folks need to find another way to demonstrate its importance, to slot it into another genre.  I understand why literature is a natural fit.  But, as someone who’s been called out by John McWhorter for putting too much freight on hip-hop, I wish this wasn’t necessary.

Health

Reason To Act: Reform’s Failure Could Lead To More Health Mergers

Business analysts are predicting that if Congress fails to pass health care reform, health insurers and providers react to skyrocketing health care costs by merging into ever-larger companies. The industry will “seek its own answers to a push by government and the private sector to rein in costs, said Curtis Lane, senior managing director at MTS Health Partners, a New York-based equity fund.” “An aging U.S. population will spur demand for services and, at the same time, boost pressure to control spending, he said“:

One solution will be increased consolidation, with companies led by WellPoint Inc., the biggest U.S. insurer by enrollment, and Community Health Systems Inc., the largest publicly traded hospital chain, scooping up rivals unable to “spread rising costs across fewer customers,” said Paul Keckley, of the Deloitte Center for Health Solutions.

The health-care market “certainly seems to favor bigger, innovative, scalable companies,” said Keckley, executive director of the Washington-based center, in a phone interview. Drugmakers facing the loss of patent protection on top-selling medicines “were looking at decelerating revenues, with or without reform,” he said.

Of course, it’s unclear that mergers amongst insurers or provider networks will help contain health care costs. We have seen over 400 health care mergers in the last 10 years, while premiums have risen “nearly eight times faster than average U.S. incomes.” Today, one in six “metropolitan areas in a 2008 study of more than 300 U.S. markets [are already] dominated by a single health insurer that controls at least 70% of consumers enrolled in health maintenance organizations or preferred provider organizations.”

Similarly, in areas where hospitals have “too strong a market presence to be excluded from insurer networks,” they dictate prices to insurers, which in turn, pass on the cost to the beneficiary in the form of higher premiums. And, if an insurer feels like it’s getting squeezed by the provider, it may dump its beneficiaries (by pricing them out of their policies) and take its business elsewhere. Greater provider consolidation will likely accelerate this trend.

So the future looks grim without health care reform. Projections of increased consolidation are just another reason to push Democrats to repeal the insurers’ anti trust exemption and get the job done on health care reform.

Politics

Opposition to gays serving openly in the military has ‘declined sharply’ amongst servicemembers.

Military Times poll After Joint Chiefs of Staff Chairman Adm. Mike Mullen’s declaration that he believes it is time to repeal Don’t Ask, Don’t Tell, the Military Times has released a poll of 3,000 active-duty troops showing that opposition to gay men and women serving openly in the military “has fallen sharply from nearly two-thirds (65 percent) in 2004 to about half (51 percent) today.” According to the poll, among the servicemembers’ concerns were “how to effectively implement new policies for sharing close quarters and living facilities with openly gay members.” Polls of the American public consistently showing majority support for overturning DADT. A December 2006 poll of servicemembers who had served in Iraq or Afghanistan also found 73 percent of those polled were “comfortable with lesbians and gays.” On Thursday, the Senate Armed Services will be holding a hearing on DADT.

Older

Newer

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up