Liz Cheney joins the Torture Party

Let’s get this straight: Dick Cheney’s mouthing off has nothing to do with potential future leadership of the Republican Party. Mark my words, it has everything to do with Dick Cheney staying out of jail; at the very least, his being free to travel to foreign countries where he’s sheltered his asbestos and war profits.

With a smile on her voice, and the safety of your children in her heart, Liz Cheney joins her father’s defense team. Despicable Liz wants you to understand the following:

  • It’s okay to torture if you have protocols and guidelines;
  • It’s okay to torture if your torture program is “very carefully and responsibly done”;
  • It’s okay to torture if your lawyer tells you it’s okay;
  • It’s okay to torture if that torture is “effective”;
  • It’s okay to publicly defend torture because Al Gore publicly lobbies on climate change;
  • If you put your own soldiers through training to resist torture, it’s okay to use those same techniques on detainees; and
  • Everyone the United States tortured had “information that would save your kids’ lives and my kids’ lives.

And frankly, Mika Brzezinski’s chiming in at the end of this piece that “most Americans would agree” with darling Liz, is equally disgusting.

I used to think Dick Cheney wouldn’t survive long enough to be prosecuted for the prima facie war crimes he directed during the Bush Administration. To me, he now looks tan, fit and ready for prosecution. He can see the writing on the wall. He knows that the Senate Judiciary Committee is reeling him in. (Witness testimony can be found here, here, and here.) And he’s working very hard to try this case in the court of public opinion. With good reason, one supposes: he stands at least a 1-in-4 chance of being acquitted there, in an actual courtroom it would appear his chances of acquittal would be slim to none.

Senator Sheldon Whitehouse of Rhode Island, who has for months quietly been doing yeoman’s work uncovering these crimes against our Constitution, our nation, and our conscience, puts it most succintly:

Winston Churchill said, “In wartime, truth is so precious that she should always be attended by a bodyguard of lies.” The truth of our country’s descent into torture is not precious, it is noxious. But it has also been attended by a bodyguard of lies. This hearing is designed to begin to expose some of those lies, to prepare us to struggle with that noxious truth, and to examine the battlements of legal authority upon which that truth and its bodyguard of lies was constructed.

The lies are legion.

President Bush told us “America does not torture” while authorizing conduct that America has prosecuted – both as crime and war crime – as torture.

Vice President Cheney agreed in an interview that waterboarding was like “a dunk in the water,” when it was used as a torture technique by tyrannical regimes from the Spanish Inquisition to Cambodia’s Killing Fields.

John Yoo told Esquire Magazine that waterboarding was only done “three times,” when public reports now indicate that two detainees were waterboarded 83 and 183 times. About Khalid Sheik Muhammad, reportedly waterboarded 183 times, a former CIA official had told ABC News, “KSM lasted the longest under waterboarding, about a minute and a half, but once he broke it never had to be used again.” This, too, was a lie.

We were told that waterboarding was determined to be legal, but were not told how badly the law was ignored, bastardized and manipulated by the Department of Justice’s Office of Legal Counsel, nor were we told how furiously government and military lawyers rejected the defective OLC opinions – but were ignored.

We were told we couldn’t second-guess the brave CIA officers who did this, and now we hear that the program was led by private contractors with a profit motive and no real interrogation experience.

Former CIA Director Hayden and former Attorney General Mukasey told a particularly meretricious lie: that the Army Field Manual restrains abuse by naïve young soldiers but isn’t needed by the experienced experts at the CIA.

The Army Field Manual is a code of honor, as reflected by General Petraeus’ May 10, 2007, letter to the troops. Moreover, military and FBI interrogators such as Matthew Alexander, Steve Kleinman and Ali Soufan are the true professionals. We now know that the “experienced interrogators” referenced by Hayden and Mukasey had little to no experience. In fact, the CIA cobbled its program together from techniques used by the SERE program, designed to prepare captured U.S. military personnel for interrogation by tyrant regimes who torture to generate propaganda. To the proud, experienced and successful interrogators of the military and the FBI, I believe Judge Mukasey and General Hayden owe an apology.

Finally, we were told that torturing detainees was justified by American lives saved – saved as a result of actionable intelligence produced on the waterboard. That is far from clear. Nothing I have seen as a Member of the Intelligence Committee convinces me this was the case. FBI Director Mueller has said he is unaware of any evidence that waterboarding produced actionable information. The example of Zubaydah providing critical intelligence on Khalid Sheikh Mohammed and Jose Padilla, often given, is false, as the information was obtained before waterboarding was even authorized.

(Statement of The Honorable Sheldon Whitehouse, United States Senator, Rhode Island, May 13, 2009)

As John Dean would say, this is way worse than Watergate. It is high time to genuinely begin to put this blight on our Republic behind us forever. And the only way we are going to do that is by prosecuting those truly responsible. And Dick Cheney knows full well the identity of the one person singularly responsible for the American torture regime. He sees his sneering snout in the mirror every day.

A Star Trek for the Obama Generation?

With its JFK, NASA and Neil Armstrong audio clips, this “teaser” for the new Star Trek neatly melds our childhood’s wanna’-be-an-astronaut nostalgia with the latest manifestation of Star Trek Utopianism. A neat trick. Is the “final frontier” reopening? Or is it already too littered with junk, physical, historical and emotional junk? Still: “Spock’s” voice at the end of this trailer brings tears to my eyes, just like Obama’s.

The battle between our basest and better instincts play themselves out against a background of technological opportunity, in the persons of the young Kirk and Spock. Star Trek, in each iteration, has become steadily more humanized. Has technology? So many great American tropes, spoken and unspoken, present themselves  here. Obama himself, steadily plays both sides of the Kirk/Spock divide; the unflappable guy with all the answers who defiantly takes mustard on his Hell Burger. We’re in a hell of a pickle, Mr. Zulu; but our best days are surely still ahead.

The likely phenomenal box office success of this movie may eventually look like a cultural turning point. (“Inflection point,” I suppose, is the current jargon.) Baby boomers mind-melding with Generation Y in a neoliberal paradise powered by clean nuclear windmills made in America.

Well, maybe for two hours this Saturday night.

Official White House Photo by Pete Souza

Official White House Photo by Pete Souza

(Official White House photo by Pete Souza © Creative Commons, via Flickr White House Channel.)

’cause that’s where the money is

Willie Sutton at Eastern State Penitentiary

Willie Sutton at Eastern State Penitentiary

My dearest brother sent me a link to yesterday’s New York Times story detailing how hedge fund investors are circling the country’s small banks like raptors after particularly tasty chipmunks.

ERIC LIPTON
Published: May 5, 2009

CAINSVILLE, Mo. — No one seems to want to own a business in this dusty, windswept corner of rural America, population 370, with its crumbling sidewalks and boarded-up storefronts.

First National, with its boarded-up second story and $17 million in assets, is worth about a third of what its owner, a New York investor, paid for an Upper East Side town house in 2006. It is an unlikely launching pad for a new American banking empire. Except, that is, for J. Christopher Flowers, a media-shy New York billionaire who last year bought the First National Bank of Cainesville, one of the United States’ smallest national banks.

With that charter in hand, Mr. Flowers plans to take over a handful of large struggling banks, casualties of the economic crisis. In some cases, he hopes, the federal government will help.
Mr. Flowers, a private equity manager, has no particular love for rural Missouri; in fact, he has never set foot in Cainsville. Rather, he wants to use the national bank charter he picked up in this farm town to go on a nationwide buying spree.

My brother’s comment was telling:

Hello sucker— how the vulture capitalists will pick your pocket with the help of their lobby and the same connivers in the congress!!
M.C. Escher in Lego by Andrew Lipson and Daniel Shiu

M.C. Escher in Lego by Andrew Lipson and Daniel Shiu

And it’s hard to argue that he’s not right. Parties that hold “toxic assets” are going to unload them to other parties who also hold “toxic assets,” who in turn will unload their “toxic assets” to other parties who also hold “toxic assets” in a scheme to make would-be M.C. Escher’s the world over jealous. And all with underwriting from the government and the Fed.

But, as hard as it is to believe, there is method in the madness. And that method derives from the timeless logic and priceless American wisdom of Willie Sutton.
Sutton, as we’ll all remember, was among the public enemies number 1 of his day (almost as fatal as being “Al Qaeda’s No. 2” today I suppose) who, when asked why he robbed banks, famously replied, “because that’s where the money is.”
 
Which brings us back to the question, why are “vulture capitalists” (and their firms) being allowed to “pick our pockets [again]?” The obvious answer to which is “’cause that’s where the money is.” Having recently put my wallet through the washer, I can say beyond a shadow of a doubt that passing “distressed assets” from dirty hand to dirty hand is an act any money launderer can be proud of. But, given the way the world works, this miracle of accounting legerdemain (or should that be “ledger-demain“?) will probably have the desired effect, over the long run, of rinsing away the sins of the B- tranche, and restoring the appearance, if not the actual fact, of health to the financial sector.
 
The Whos Roger Daltry

The Who's Roger Daltry

And since this is a game that requires an enormous amount of money to play, why waste our time being aggrieved that the same Masters of the Universe who drove the bus off the cliff own the tow truck that’s come to drag us out? It’s American as Willie Sutton. Or in the words of the immortal poet, Roger Daltry: “Meet the new boss [baby]; same as the old boss.

Torture is Torture

Dick Cheney is running off at the mouth because he’s running scared. And with good reason. The Orwellian double-speak that obfuscated the authoritarian torture state created by the Bush-Cheney administration in the aftermath of 9/11 is collapsing. Dick Cheney is facing serious jail time. He’s especially facing serious jail time if the allegation, bouncing around the Internet now, that “Global War  on Terrorism” suspects were tortured with the sole and specific intent of supporting the thesis of a link between Sadaam Hussein and Al Qaeda in the run-up to the Iraq War, proves true..

Torture is torture. Even John Boehner, that font of ignorance and obstructionism, frontman for the reactionary movement that now calls itself the Republican Party, called it so in a recent unguarded momentTorture apologists like Boehner are arguing that instead of prosecution, we should have a political debate, that this all boils down to a political disagreement. But civilized societies don’t debate the merits of torture any more than they debate the merits of genocide. There simply is no legitimate debate to be had on this issue. It is moot.

Torture is used by authoritarian and tyranical regimes solely to impose arbitrary punishment, or to elicit false confessions. Our American “enhanced interrogation techniques” were directly copied from techniques used by the Chinese and Soviet Communists, during the heart of the Cold War, and from other charming precedents like the torture of Jews and Muslims under Ferdinand and Isabel during the Spanish Inquisition. Even the Orwellian name, “enhanced interrogation techniques,” in another reactionary malapropism worthy of  the creators of political “tea-bagging,” was taken directly from the German, “Verschärfte Vernehmung,” as used specifically and most memorably by the Nazis.

The perpetrators of this crime belong in jail, and it’s supporters should be ashamed. It’s as simple as that. And the perpetrator at the head of it all, the Fuhrer, if you will, of the American torture regime, is Dick Cheney.

[As an aside, PLEASE read all of Andrew Sullivan’s brave, concerted blog reporting on torture, at his “Daily Dish” site.]

Second Wave of Bad Economic News is Here

The New York Times is reporting that General Growth Properties, the largest retail mall operator in the country, is declaring bankruptcy, largely because of its inability to refinance its existing mortgage debt.

“Our operational model is sound,” Thomas H. Nolan Jr., the company’s president and chief operating officer, said on a conference call early Thursday morning, citing “the unprecedented disruption in the real estate financing markets and the need to extend maturing debt” as the reason the company filed.

“We made extensive efforts to modify existing maturing debt outside of bankruptcy,” he added.

More and more commercial properties, property owners, and the banks that provided highly aggressive financing based on questionable valuations, are going to find themselves going down this path in the coming months. In my opinion, that is one of the reasons the Obama administration is encouraging banks to keep TARP funds, and otherwise fortify their balance sheets. This is potentially a tsunami compared to what happened in the residential markets. On the other hand, there was not nearly the amount of re-leveraging and re-packaging of these loans into derivatives as there was on the residential side, so the effect may not be as widespread.

We have one more wave to come after this – of credit card defaults. The commercial real estate mortgage market collapse will be a bellwether of whether larger banks will survive. It is both a threat and an opportunity, because commercial real estate assets will be available at once in a lifetime bargain prices, and their owners and the banks that hold the notes will be more likely to bail on the current arrangements than individual homeowners ever could or would be. It’s going to look very strange, but large banks are going to be playing both sides of this market simultaneously. If the private banking industry pulls through this in the coming months, it will easily survive its credit card problems.

Bike Thieves, Pirates and Tea-Baggers

It’s impossible to resist the temptation of getting something for nothing.

New York Times “Spokes” blogger, J. David Goodman, is fatalistic:

Having one’s bike stolen is a part of our collective experience as urban riders.

Commenters to the Spokes blog wonder where the stolen bikes and parts get “fenced.” But I’m relatively convinced that many of them — at least those that don’t end up as part of your local take-out’s fleet — end up lying discarded in gutters and garages, unused, wasted. The rip-off itself is the reward. Someone got something for nothing. Sure, it might be a filthy old bike seat or a cheap rim that needs re-truing. But the price was right. Bring it home and for a day it will take pride of place in your heap of stuff.

 The BBC’s Robyn Hunter reports that our latest media stars, the Somali pirates, don’t think of themselves as thieves, but rather, as heroes and protectors of Somalia’s coastlines:

They don’t call themselves pirates. They call themselves coastguards.

 The lavish lifestyles this new Somali bourgeoisie enjoys is not the point of their activties, supposedly, it is a fringe benefit. There’s something for nothing to be had in the waters of the Strait of Aden and the Indian Ocean. It would be criminal not to exploit it.

Which brings us to our dear friends and neighbors, the Tea-Baggers.

Mike Smart, a 51-year-old oil field worker from West Texas, held up a white handwritten sign that said, “I’ll keep my freedom, my $ and my guns. You keep the change.”

“I just want the government to stay out of my way. I won’t get in their way if they don’t get in mine,” said Smart, who described himself as conservative but not a Republican.

And of course, what do you suppose Mr. Smart has in mind when he says government is “in his way.” Why, that they impose taxes on him.

The late Senator Russell Long had a saying that summarized Americans’ typical attitude towards taxes and tax reform. “Don’t tax me; don’t tax thee;” they’ll say, “tax that fellow behind the tree.” You know that police department that came when my house was robbed? The fire department that kept my place from burning down last year? The public hospital where my wife had the cancer surgery? The public school, the courthouse, the downtown parking garage, the sewer system, the electrical lines, the Interstate Highway System that brought me my latest assault weapon? That’s all just free stuff. Stuff I’m entitled to as an American, like the disability payments I get for that slipped disc. I ain’t payin’ for that. Get out of my way!

Gearing up for tea-bagging, Salt Lake City

Gearing up for tea-bagging, Salt Lake City

With all the maturity and insight of bicycle thieves and pirates, our tea-baggers are sailing out to meet their moment of infamy, secure in their belief that they are not what they seem to be — a bunch of angry white people with a questionable collective grasp of history, politics or economics – but rather, like their pirate brethren, the very guardians of our coasts of freedom. That sidewalk we’re marching on, the park where we’re congregating? God put that there for good, white Americans to use. Just like J*sus, in his Queen’s English, promised us. No gub-mint did that. It’s the American miracle, and we’re here to protect it.

You know, they used to say that all the nuts in America had come loose and rolled off to California. This tea-bagging movement just proves that we’ve still got plenty of nuts to spare, in communities all across the country. And while they remain a distinct minority, they are a sizable minority, and the combination of Second Amendment absolutism, racial animus and inflammatory anti-government rhetoric is a fearful brew which, like the khat that stokes the imaginations and assuages the fears of the young Somali pirates, has great potential for fueling violence and tragedy.

Isn’t it time to go home, cash your tax refund checks, and play with your guns? The grown-ups amongst us are too busy trying to manage a financial crisis to take to the streets to protest that we’re not getting enough for nothing.

Children at St. Louis tea-bag party.

Children at St. Louis tea-bag party.

In the Hamptons, by Dan Rattiner

In the (East) end, mostly gossip.

Eh.

Climate Ride

There’s a fantastic, new activist and awareness ride on the U.S. east coast – the Climate Ride – a 5-day, 300-mile adventure from New York City to Washington, D.C.

It’s an interesting ride for many reasons: it includes some urban riding, in addition to covering some of the most historical landscapes in the nation; and it is as much an exercise in political activism and consciousness raising as it is a pure fundraiser. The late-September date also means you riders should be in peak form for making this incredible trip.

I will be writing more about Climate Ride, its objectives and highlights, in the coming days. In the meantime, you can check them out at their home page: http://www.climateride.org/.

Hope Is a Thing that Blings

“It’s premature to conclude the economy has turned,” said CFO Howard Atkins in an interview with The Associated Press.
Atkins did say the bank was seeing a clear benefit from the government’s actions to bring interest rates down. “All I can tell you is, we’re seeing a lot of business.”

$3 billion buys a lot of bling. That’s the net revenue Wells Fargo expects to report for the first quarter. Suddenly, the debate on the economy is focused on whether Wells Fargo’s results are representative, or an anomaly. The President, understandably, is looking on the bright side:

President Obama emerged from a meeting with his senior economic advisers on Friday to say “what you’re starting to see is glimmers of hope across the economy.” But there were also signs of growing tensions between the White House and the nation’s banks over the next phase of the financial rescue.

Currency speculators the world over seem to share the President’s optimism.

April 11 (Bloomberg) — The dollar posted the biggest weekly gain versus the euro in more than two months on optimism the worst of the financial crisis in the U.S. is over.

Still, plenty of people are out there offering more dour assessments.

Wells Fargo announced today $3 Billion in profits. It was fantastic news and it sent the stock market soaring.

However, one thing that didn’t get talked about was why they made so much money.
Wells Fargo CFO Howard Atkins discusses the banks $3 billion reported first quarter 2009 earnings. Atkins hypes the impact of mortgages to the bottom line, due to low interest rates and foreclosure selling no doubt, but shockingly admits at the 7:45 mark that with the writedowns that would have been required by Mark to Market the bank actually lost money on the quarter.

To put it another way, Wells Fargo made money because the government allowed them to play “let’s pretend your assets are worth something”.

But what if that’s exactly what’s going on, and it’s working? What if instead of creating some toxic asset merry-go-round, banks are just allowed to hold toxic assets off their balance sheets long enough for rationality to return, and sensible valuations to emerge?

Just to be clear: I believe the market in mortgage backed securities and their derivatives, is as “undersold” today as it was “oversold” in the middle years of the decade. The herd mentality and “animal spirits”  are every bit as evident in this economic climate as they were in the giddiest days of the Internet, commodities and real estate bubbles. Only everybody’s running to the exits, blocking the aisles, so to speak.

Taking a quick look at “Unbossed’s” graphs of monthly default notices; yeah, sure there’s a spike coming, and defaults on both residential and commercial mortgages are going to double in the coming weeks and month. But double from what basis?

moratoria1 

If the baseline rate of default a year ago was say somewhere in the neighborhood of 1% or 2% (which would have been historically typical), and is anticipated to double based on NODs, then the expected total rate of default will rise to between 2% and 4%. If defaults peak in this range, then portfolios of mortgages will still be worth 75 to 80 cents on the dollar, not the 25 to 30 cents the market values them at today.

Most banks will be able to “ride out” a 2% to 5% rate of default in either commercial or residential mortgages, especially with generous amounts of cheap cash available from the Fed to shore up balance sheets.

In short, everybody has an interest in “staying put” for as long as possible, then capitalizing their losses after the panic subsides. This includes property owners. If the “results” from Wells Fargo are representative – even if they were goosed by new leniency in mark-to-market accounting – it is a sign that the middle-ground bailout and TARP strategy adopted by the Administration is working, It may involve a bit of “accounting magic,” but doesn’t all banking? And in the circumstances, the pessimism that dominates the zeitgeist may in hindsight come to be seen as hysterial (in every sense of the word) as yesterday’s notion that no investment is as safe as real estate.

There’s another trend to look out for. Banks and other financial market makers understand that the current under-valuation of residential and commercial real estate, and the even greater discounts of mortgage portfolios, is the best opportunity for profit they’ve seen in years. They don’t want to partner with other investors or the government, or sell out their interests at all, if they don’t have to. Conditions have been created in which, if they can weather the storm, there is a quick, profitable path to a major windfall.

The bling at the end of the rainbow for many of these institutions is going to turn out to be the very same mortgage-backed securities and collateral debt obligations that got us into the crisis in the first place. When they finally do start trading, they are going to trade significantly below their true long-term asset values. And the smart money is going to snap them up. The Administration is right in limiting the government’s upside potential in all of this, because in the end there is going to be a backlash that buyers and the government took advantage of the original holders of these instruments, and underpaid for them. Put that in your pipe and smoke it, Mr. Roubini.

Going Orange

Batavus commuter, courtesy http://commutebybike.com

Batavus commuter, courtesy http://commutebybike.com

Two hundred orange-painted commuter bikes, by Dutch manufacturer Batavus are on their way to Manhattan (née, “New Amsterdam”) this spring, as part of the celebration of NYC 400, the anniversary of Henry Hudson’s arrival in the New World.

Look for them in a procession up Manhattan’s West Side bike path on April 30, and to be available for bike sharing this summer as part of City Streets, the program that closes Park Avenue to vehicular traffic on three Saturdays in August.

Modern New York, I suppose, has no shortage of old master paintings and clogs, but we’ve run a little behind in the bike commuter department over the years. So this will make a welcome invasion. I only can’t help but wonder – hey, what about a little something for us here in Yonkers, who proudly bear our Dutch identity into a fifth century of “graceful riverside living”?