Is Ignorance Bliss?

If so, we all must be blissed out. Yesterday, we talked about how the media love to air candidates’ ’’dirty laundry”, rather than concentrate on examining their policies. Today, we ask the question, “Where and how do people get their news?”

The current US population is around 320 million. Of that number, there are 219 million people eligible to vote, of which 145.3 million (66%) are registered to vote in the US. So, how many people are watching the news on ABC, CBS or NBC?  In August 2016, the number was 22.5 million. That’s down from 48 million in 1985, and from 24.5 million in 2013.

And how many watch the cable giants Fox News, MSNBC and CNN? Overall, Fox News averaged 2 million total viewers while MSNBC averaged 1.13 million, and CNN trailed with 844,000. That’s four million viewers total, folks.

Taken together, major network and cable TV account for 26.5 million viewers, or 18.2% of registered voters. And we have no data on the overlap between viewers and voters.

How else do the campaigns reach voters? Social media. From the Wall Street Journal:

Of the two candidates, Mr. Trump has the largest following on social media — with 10.3 million Twitter followers and 9.9 million Facebook likes, compared to Mrs. Clinton’s 7.78 million followers and 4.8 likes.

This means that the two campaigns have more direct reach than any individual TV or cable outlet. Clinton has nearly as many Twitter followers as CBS has viewers, while Trump has even more, and also has FIVE times as many Twitter followers as his friends at Fox have viewers. And we can assume that all of those followers are likely voters, not passive viewers.

The campaigns use different strategies. A new Pew study of the campaign websites of Clinton and Trump found that Clinton’s website focused on original news content, while Trump mostly re-posted stories from outside news media. Clinton’s campaign has almost entirely bypassed the news media; instead, they post news stories produced in-house. Trump’s site offers mostly content from articles produced by outside sources like Fox News or CNN.

Pew also surveyed where people get their news:

where-to-get-news-png

 

 

 

 

 

 

 

 

 

 

 

 

 

  • As of early 2016, just 20% of US adults get their news from print newspapers. This has fallen from 27% in 2013.
  • This decrease occurred across all age groups, though the age differences are stark: Only 5% of 18- to 29-year-olds often get news from a print newspaper, whereas about half (48%) of those 65 and older do.
  • Compared with print, nearly twice as many adults (38%) often get news online, either from news websites/apps (28%), on social media (18%), or both.
  • TV continues to be the most widely used news platform; 57% of U.S. adults often get TV-based news, either from local TV (46%), cable (31%), network (30%) or some combination of the three.

If you are watching a traditional TV newscast, you are a dinosaur: Fully 70% of those ages 18-29 either prefer, or only use mobile for getting their digital news, compared with 53% of those 30-49, 29% of those 50-64 and just 16% of those 65+.

According to Pew, radio is a more frequently used news source than newspapers. In fact, 13.25 million people listen to Rush Limbaugh, while 12.6 million listen to NPR’s Morning Edition, making both more followed than any of Fox, MSNBC, CNN, CBS, NBC, or ABC.

While there has been an explosion on the digital front, readership (viewership?) is now totally fragmented. This fragmentation is a key to understanding today’s political landscape. Twenty-five years ago, we had a core of news outlets that helped the political parties build a public consensus. That’s no longer the case. Traditional media are at best, just one stream in a whole chaotic flow. Picking and choosing whom to follow (and trust) in this river of chaos isn’t easy. The fundamental questions are:

  • Does watching a specific news feed inform you, leave you asking questions, or create confusion?
  • Does the power of images displayed on an individual news feed interfere with understanding the context of a complex situation?
  • Are news outlets providing users with both education about events, AND a sense of civic responsibility?
  • How do you know you can “trust” a given news feed?

With so many options for learning about our world and government policy, we could either be on the cusp of a reboot of the Age of Enlightenment, or, the news feed chaos could help bring on another Dark Ages.

Choose wisely.

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Learned Ignorance in Texas

Why does conservative America try to intentionally withhold historical information?

Consider the latest effort to whitewash American history textbooks. Here is this interpretation of slavery as immigrant labor in the “Patterns of Immigration” section of McGraw-Hill’s textbook, “World Geography”:

McGraw Hill slavery book

The photo above was texted by 15 year-old Coby Dean-Burren to his mother, Roni. The WaPo quoted Roni Dean-Burren:

This is erasure…This is revisionist history — retelling the story however the winners would like it told. In calling slaves ‘workers’ and their move to the United States ‘immigration’

As she noted in Facebook posts last Wednesday and Thursday, the textbook suggests not only that her African American ancestors arrived on the continent willingly, but also that they were compensated for their labor.

This is another skirmish in a broader effort to promote theocracy and remove references to major social justice issues in American textbooks. The NYT 2010 story that is linked above reported on the Texas Board of Education approving a social studies curriculum that put a conservative stamp on history and economics textbooks, stressing the superiority of American capitalism, questioning the Founding Fathers’ commitment to a purely secular government and presenting Republican political philosophies in a more positive light. For example, the board:

Cut Thomas Jefferson from a list of figures whose writings inspired revolutions in the late 18th century and 19th century, replacing him with St. Thomas Aquinas, John Calvin and William Blackstone. (Jefferson is not well liked among conservatives on the board because he coined the term “separation between church and state.”)

Anyway, McGraw-Hill Education sought to address the issue with a statement saying that while their geography program:

Meets the learning objectives of the course…our language in that caption did not adequately convey that Africans were both forced into migration and to labor against their will as slaves. To communicate these facts more clearly, we will update this caption to describe the arrival of African slaves in the U.S. as a forced migration and emphasize that their work was done as slave labor.

Apparently the changes will be made in the textbook’s digital version and included in its next run. WaPo reports that Dean-Burren has mixed feelings about the outcome:

On a surface level, ‘yay’…I understand that McGraw-Hill is a textbook giant, so thumbs up for listening.

On the other hand, she indicated that few students use the digital version, and since her son’s textbook is brand new (copyright year 2016), another print version is unlikely to come out for ten years.

According to WaPo, as recently as last year, scholars reviewing textbooks based on the Texas Essential Knowledge and Skills guidelines found a number of historical misrepresentations, among them several in McGraw-Hill’s proposed textbooks. The issues included:

• Declaring that a Muslim garb hinders women’s rights
• Mitigating the inequalities African Americans faced under Jim Crow
• Representing slavery as only a secondary cause of the Civil War

After all, if they can keep kids from learning about the reality of our history, they’ll be less likely to be sensitive to solutions that address long-term inequality, or that promote religious and cultural diversity.

Conservatives give us lots of information, it just isn’t usually completely true. There is a large group of pundits who are well paid to spread disinformation in comment pieces each week, and it’s hard to recall any of them ever suffering any discomfort for lying.

Think about how conservatives attempt to block progress–whether it is our history, climate change, or civil rights. They use three basic arguments: 1) it didn’t (isn’t) happening; 2) its too late to do anything anyway; 3) it will cost too much. They emphasize whichever argument the circumstances require.

The modern conservative game plan includes learned ignorance. They know they’re wrong on many of the issues, so they hope to limit access to data and truth.

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Is Snowden the First, or Last of His Kind?

Wrongo and Ms. Oh So Right saw “CitizenFour” a few days after the Oscars. It is interesting that the Academy recognized both “American Sniper” and “CitizenFour.” The former bagged one Oscar, for Best Sound Editing, while the latter won for Best Feature Length Documentary. One made big bucks, the other is already on HBO. Both celebrate heroes, one a tool of the Global War on Terror, the other a whistleblower computer geek who saw that the War on Terror was compromising our Constitution.

Laura Poitras accepted her Oscar, but Edward Snowden couldn’t, because of that little “treason” thing.

As Kunstler says: (brackets by the Wrongologist)

He [Snowden] appeared to know exactly what he was doing, and with quiet, unshakable moral commitment. And then he disappeared down the gullet of America’s modern times nemesis, Russia, where he continues to taunt with his very existence, the NSA gameboys, lizard-lawyers and puppet-masters who cordially invite him back home to face, ho-ho, our vaunted justice system. Of course any six-year-old understands that they would love to jam Snowden down some federal supermax memory hole as an example to any other waffling NSA code-jockey having second thoughts about reading your grandpa’s phone records.

Snowden is a much more interesting hero than the sniper, Chris Kyle. The documentary follows Snowden, who was hiding in plain sight in Hong Kong in the spring of 2013, after he stole over 220,000 files belonging to the National Security Agency. Glen Greenwald, Barton Gellman, and Laura Poitras later began revealing to the public the extent to which the American government was spying on everyone’s electronic life while ignoring that pesky US Constitution, and setting the USA on a track towards becoming a police state.

Listening to Ed talk, you’re pleasantly surprised. He gets the concepts, he articulates them beautifully.

Towards the end of the movie, one of the characters (Greenwald?) makes an amazing statement. He says:

What we used to call liberty and freedom we now call privacy. And now people are saying privacy is dead.

Is that what we’re all fighting for? Liberty? Is that a concept that unites the left and the right in America?

You’d expect people to be up in arms about “CitizenFour” but the truth is they just don’t care. That’s our government’s job. If we don’t let the agencies run wild, ISIS will attack Kansas. So we suspend your rights for a while. That’s right, the head fake of fighting “terrorism” has caused us to let our First Amendment freedoms go down the drain, and if someone like Snowden blows the whistle, they are a traitor, or a pariah.

Snowden sparked a debate about how to preserve privacy in the information age—and whether such a thing is even possible. If Snowden hadn’t come forward, the steady encroachment of the surveillance state would have continued, and most people might never have known about the government’s efforts.

There’s something hollow in the soul of America today. Right and wrong used to matter. But now, the government works to keep the average person off balance via subterfuge and fear. And very few of us grasp the facts, even when they’re staring us in the face.

So, we’re dependent on lone wolves to help us see. Snowden says he’s only the first, that the government may get him, but others will follow in his wake. Really?

Once upon a time, “CitizenFour” would have incited a national debate. Now it’s just grist for the mill, Snowden’s character has already been assassinated by the main stream media, and his Oscar-winning movie will come and go.

All of the political debating about immigration, DHS funding, taxes, and ISIS are the sideshow. The main event is how they’ve got our number and we’re already living in 1984. And you believed it couldn’t happen here.

The truth is it already has. We need more Snowdens. People who will say, as Snowden did:

There are things worth dying for.

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Sunday Cartoon Blogging – October 5, 2014

Our country is hated abroad, and frightened at home. We have reached a point where we could reasonably refer to the great American Republic in the past tense. We have edged into a post-constitutional era, no longer a nation of laws, but an autocracy run by law evaders and law ignorers, a culture in which corruption is no longer a form of deviance, but the norm.

We all live in a Mafia-run neighborhood:

COW Banker Brutality
By now, everyone knows about the evils of bankers and their Washington facilitators: Wall Street lobbies Congress for favorable deals, Congress then approves them at taxpayer expense. When things are this bad, the very structure of our society is threatened, and voters have to stress fundamentals over issues. We need to move beyond the divisive cultural issues, all the single issues, even critical things like the environment, war and peace, and the “economy”, and focus on structural issues. We have to leave the culture wars and even big political differences behind, and make alliances among voters–because right now, none of us are being heard.

Will White House security improve with new leadership?

COW Behead

 

However, a new threat jumped the fence:

COW Fence Jumper

For months, the Ebola outbreak was confined to West Africa, a region more than 8,000 miles away. But this week a patient was diagnosed with the deadly virus in Dallas, Texas, bringing Ebola hysteria right on home. We have heard typical reassurances from the CDC, while some politicians have engaged in fear-mongering. But, unless lots of Americans plan on exchanging bodily fluids with people who live or work in West Africa, we’ll be fine.

Politicians talk about terror and say: “we could all be killed”. They speak about Ebola and say: “we could all be killed”. Mothra could also come back, and you know the nation isn’t prepared for Mothra. Where will we get enough Raid? Do we have Godzilla’s cell number? OK Obama, what are we supposed to do?

Meanwhile, the actors in the Middle East continue to mis-hear each other:

COW MidEast Talks

And in HK, not only no hearing, there is no listening:
COW HK

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What Happened to Our Free Press?

We have a free press, right? That freedom implies the absence of interference from an overreaching state. With respect to government information, governments routinely distinguish between materials that are public or protected from disclosure to the public based on a classification process that protects some information from disclosure due to the information’s relevance to protecting the national interest.

Washington is making more and more information, including some that is decades-old, inaccessible except to journalists who are “trusted”. That is journalists who the Administration or an agency have invested time and effort to determine that they will put the best possible spin on whatever they are fed.

In the past, the term “access journalism” meant giving exclusive interviews (or leaks) to pet reporters who had established that they won’t bite the hand that feeds them good stories. From the perspective of the government, this is a virtuous circle: Not only can they reward reporters who play ball, but over time, these correspondents become influential, by virtue of having an inside information advantage.

But there are darker ways this game is played. Some agencies block information from journalists or historians who prefer to report rather than to take dictation. The American Historical Association has an article about government agencies using the courts to keep secrets secret:

In a two-to-one decision the DC Circuit Court of Appeals, in May 2014, agreed with the CIA that a volume of its…history of the 53-year-old Bay of Pigs Invasion could “confuse the public” and should thus be kept secret.

Huh? What are we supposed to be confused about? That the invasion failed? That the CIA set it up? Or maybe that the Agency was flat-assed wrong about the popular anti-Castro uprising that was supposed to be triggered by the invasion?

To win the legal argument, the CIA successfully convinced the two Judges that any document the agency deems “predecisional” (dealing with file information developed prior to a decision to act) can be withheld permanently. To do this, they rely on the CIA Information Act of 1984. This bill was a deal made to speed the CIA’s processing of Freedom of Information Act (FOIA) requests while protecting information unlikely to be released because of national security concerns. But today, the CIA doesn’t abide by Congress’s intent, it routinely refuses to search its operational files – in particular, files which have been subject to an investigation. As an example, Admiral William McRaven, the Joint Special Operations (JSOC) Commander who oversaw the Osama bin Laden raid, knew about this transparency black hole when he ordered the FOIA-complying Department of Defense to purge its computers of all files on the Navy SEALs raid on bin Laden and send them to the CIA, where the Operational Files Exemption would keep them “safe” from search and review for release.

If our society wants to maintain even a veneer of democracy, we have to change the CIA Information Act, which keeps important information from the public. It seems it is used to preserve the image of the CIA and shield it from criticism, as much as it is used to protect national security.

A second dark way in which the game is played is demonstrated by the Obama administration’s pursuit of more criminal leak investigations than all previous administrations combined. The Institute for Public Accuracy reported yesterday that 14 Pulitzer Prize-winning journalists have issued individual statements voicing support for New York Times reporter James Risen, who continues to refuse to name his source for information about a bungled CIA operation in Iran that appeared in his 2006 book State of War. The DOJ is considering whether to attempt to force Risen to testify against his sources.

Third, the White House occasionally threatens reporters about their methods of obtaining information. Press Secretary Josh Earnest publicly lectured the WaPo after they reported that Obama aides had early warning of a potential border crisis, and for citing an anonymous sources. At the same time, other reporters present at the lecture pointed out a familiar email that had just arrived in their inboxes: an invitation to a phone call with anonymous White House officials:

All of this is designed by the Administration’s spinners to produce cover stories. Because there’s always a cover story, even if it’s “nothing happened.” Cover stories are built like onions, one layer behind another, a fallback story behind every cover story.

Anti-transparency is tantamount to anti-accountability. Criticism is the only known antidote for error.

By contrast, in a competitive arena like business (or sports), ruthless postmortems, particularly of failures, often happen in public. They are believed to be necessary for improving performance.

But in Ultimate Politics, Washington can’t tolerate critiques, so they plan to be even less transparent. Forget the Constitution, folks.

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Our 4th Branch of Government

Everyone knows our government has 3 branches; the Executive, the Legislative, and the Judicial. That’s basic high school civics. But, it’s no longer true. The US government now seems to have a 4th branch: The national security apparatus, which has unfathomable power and reach.

From Tom Engelhard: (brackets by the Wrongologist)

New efforts at “reforms” will, at best, only modestly impede the powers of this [security] state within a state. Generally speaking, its powers and prerogatives remain beyond constraint by our judicial branch of government. It is deferred to with remarkable frequency by the executive branch and, with the rarest of exceptions, it has been supported handsomely with much obeisance and few doubts by Congress.

The national security apparatus is unelected. After last week’s mea culpa by Mr. Obama, apparently it has also moved beyond our Constitutional rules of checks and balances. You may recall that a report to the Senate Select Committee on Intelligence (SSCI) on the CIA’s Rendition/Detention/Interrogation (RDI) program, was held up by the CIA. Along the way, we learned that the CIA was improperly spying on the SSCI.

In March, CIA Director John Brennan said spying on the Senate was outside the realm of possibility, claiming:

As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s — that’s just beyond the — you know, the scope of reason in terms of what we would do.

Now we learn they did exactly that. The CIA Inspector General has found that:

CIA employees improperly accessed computers used by the Senate Intelligence Committee to compile a report on the agency’s now defunct detention and interrogation program,

On August 1st, the administration defended the CIA and Brennan’s actions. But Brennan DID obstruct the investigation, he leveled false charges at the Senate Intelligence Committee staff, filed those charges with Department of Justice, and then oversaw the process of redacting the damning CIA report.

From the Booman Tribune:

By any normal standard, John Brennan would be prosecuted for his actions. But he is being protected by the administration. I don’t think this is best explained by the idea that Brennan is doing a good job in other respects. He’s a major embarrassment to the administration and protecting him makes them look extremely bad. From the very beginning of his administration, I think President Obama has simply been afraid to take on the Intelligence Community.

And remember Mr. Obama’s rationale:

…we tortured some folks. We did some things that were contrary to our values. I understand why it happened…there was enormous pressure on our law enforcement and our national security teams to try to deal with this. And, you know, it’s important for us not to feel too sanctimonious in retrospect about the tough job that those folks had. A lot of those folks were working hard under enormous pressure and are real patriots…

He has clearly taken a side and it’s not that of transparency, or the Constitution. Or, do we live in a country where the President works at the direction of the head of the CIA?

Alternative Obama: If I’ve told you once, I’ve told you a dozen times, look forward, because if you look backward you’re going to learn from history and then how are we ever going to continue weakening your Constitution?

Alternative Alternative Obama: John Brennan has a gun to my head. Keeps reminding me of how much my Presidency looks like that of JFK. Worries about my safety…

That might explain his lack of political courage, but, political courage is exactly what is required if we are to get off the self-destructive path this country is walking. Sadly, we aren’t seeing that. Too many are scared that they might lose their jobs if the boss saw their political action. Too many are flummoxed by how easily Congress can be co-opted by money. Too many in our media are giving right-wing politicians a pass because it’s clear that they won’t change.

There’s no excuse for the people who tortured or, who lied to Congress, even if they were under ‘enormous pressure’. They knew the difference between right and wrong. And the fact that John Kiriakou is in prison for revealing that the US tortured, while Cofer Black, David Addington, John Yoo, John Brennan and Jose Rodriquez, all of whom played a role in the torture program roam free, shows that our political elite’s ethics are upside-down.

Holding individuals, particularly direct actors (like torturers) and advisers who engineered the torture program accountable before the law would not destroy the effectiveness of the CIA or the security state. Those who violated the law should be prosecuted. But those who did not violate the law should be free to conduct operations on behalf of the US. They shouldn’t be made to feel that they are weakened or wronged.

In response to the related question that often arises: “What? Do you want the CIA to be looking over its shoulder or consulting a lawyer every time it needs to get something done? The answer is: “Of course”.

We should expect nothing less than that from every elected official from the President down to local mayors, police chiefs and commissioners. Particularly from those who have the statutory authority to harm others.

It is difficult to imagine today that what sounded like poetry at the first Obama inauguration is now mockery. Sadly, it’s not about unfulfilled expectations of more hopeful things; we understand the political dynamic at work in Washington. It is that among his “achievements” has been the further weakening of our constitutional rights through his compliant treatment of the emergent 4th branch of government.

 

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Remember the Gulf of Tonkin Incident?

August 4th is the 50th anniversary of the Gulf of Tonkin incident, an event that led to Congress giving President Johnson the legal authorization to begin the Vietnam War. On August 2, 1964, the destroyer USS Maddox exchanged fire with three North Vietnamese torpedo boats in the Gulf of Tonkin. Two days later, the Maddox fired on radar targets, which it reported had launched torpedoes at the Maddox.

And on August 10th, Congress passed a joint resolution giving the president the use of “conventional” military force against North Vietnam.

Why should we remember the Gulf of Tonkin? Because the Iraq War wasn’t the first time we went to war where the intelligence and facts were fixed to conform to the policy. Jessica Desvarieux of the Real News Network interviews Daniel Ellsberg about his experience with the decision-making about the Gulf of Tonkin incident:

For those who don’t remember the Vietnam Era, Daniel Ellsberg was the Edward Snowden of his time. Ellsberg was physically present when the Gulf of Tonkin “facts” were “fixed” to conform to Vietnam policy. Daniel Ellsberg was a highly placed adviser in the Pentagon. He had been a Marine officer, assigned to a ship in the Suez Canal during the Suez Crisis in 1956. Starting in 1964, he worked in the Pentagon for McNamara, and starting in 1967, served 2 years in Vietnam as a civilian working for the State Department. Here is part of what Ellsberg says in the video: (brackets by the Wrongologist)

…my boss–the assistant secretary of defense for international security affairs, John McNaughton–[was] with McNamara in his office on the morning of August 4, when I came into the office at 9 o’clock they were actually already planning the possible response to an attack…because of indications that the commodore on the spot…thought that he was being shadowed for a possible ambush…a courier rushed in…with a flash cable saying that Commodore Herrick on the patrol in the South China Sea…was under attack at that very moment, that there was a torpedo coming at him, he was taking evasive action…

More from Ellsberg: (brackets and emphasis by the Wrongologist)

…at about 1:30, while…McNamara…was over at the White House, and I think McNaughton was with him, conferring with the president on the exact nature of the retaliation, [in] comes a very dramatic table from Commodore Herrick saying, hold everything…All the torpedo reports except the first one are now suspect and, it turned out, he said, were reports of an overeager sonar man who was mistaking the beat of the ship’s propeller against the wake as they took evasive action, circled in the water. That was being mistaken for incoming torpedoes…

And Ellsberg tells us that the ship’s captain ultimately reported 21 torpedoes. He goes on to say that all but one were false reports, and that the captain said many years later that he was also wrong about the first torpedo: (emphasis by the Wrongologist)

Now, I took it for granted that anything I was seeing was, of course, also available to the president and to McNamara…So I assumed that they were quite well aware that there was a good deal of uncertainty about what had happened. The commodore at the time, Herrick, did say that there was one torpedo, but one had to take that with a good deal of salt, because he had been just as certain about the next 20 torpedoes, and it really took him many years before, looking at the evidence, he finally acknowledged that he had been mistaken about the first one as well. But even on that night, we knew that what the president proceeded to say and what McNamara proceeded to say to the press in television interviews, that the attack was unequivocal, we knew that that was false…

Just like years later, when it turned out that the assertions by Donald Rumsfeld and George W. Bush that they had unequivocal evidence of WMDs in Iraq, their evidence was at best, equivocal. Later, we learned it was false.

Just as there were no torpedoes in the Tonkin Gulf, there were no WMDs in Iraq.

Just like Johnson and McNamara got a blank check for war with the Tonkin Gulf Resolution, Rumsfeld and Bush got the Iraq Resolution, essentially a predated declaration of war given by the Congress to the president, in violation of the Constitution. We can go back further: the USA always has a pretext for war; remember the Maine! The patterns and degree of deception from Vietnam to Iraq appear to be eerily similar.

Add to that, whatever caused the downing of MH17 is not clear cut and unequivocal either. The US says it has evidence, but it has not provided that evidence to us. It is shrouded in mystery, doubt and propaganda, just as the supposed WMDs in Iraq, the Syrian government gas attacks, what started the latest Gaza/Israeli war, and many other incidents.

It is useful to add more skepticism into the current geopolitical climate. Today’s average Congressional staffer can remember GWB and WMDs, since they were 18-20 years old when that happened, while Vietnam is ancient history to them.

Both wars were started with a lie, but the equally big lie was that when the promoters got their wars, they were smart enough to know that neither war could actually be won.

So, who benefited?

And who will benefit if we engage again in Iraq? If we engage more deeply in Ukraine, or in Syria, or in Gaza?

Hint: It isn’t “freedom”.

 

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Transparency: OK for You, Not for Me

What’s Wrong Today:

Sometimes, good intentions get lost. Organizational rules and government laws are established with good intentions, and later, get watered down. We call this the “except me” option. The rules apply to everyone, except me, my company, my church, my political party.

Today let’s look at three examples of organizations saying the rules do not apply to them. The premise of Federal and state Freedom of Information Act laws is that government records should be open to the public, and their information subject to public review.

First, the Red Cross: Barry Ritholtz at Bloomberg warns us that the Red Cross doesn’t want you to know how they spend their money. The Red Cross is using a “trade secrets” exception as a pretext for hiding much of their activities. The story began with an article by Pro Publica about donations to the Red Cross for Superstorm Sandy, and what happened to the money:

Following Superstorm Sandy, donors gave $312 million to the American Red Cross. How did the aid organization spend that money? A year and a half after the storm, it’s surprisingly difficult to get a detailed answer

Pro Publica tried to get answers by filing a request with the State of New York for the information. They were rebuffed:

Just how badly [did] the American Red Cross want to keep secret how it raised and spent over $300 million after Hurricane Sandy? The charity…hired a fancy law firm (Gibson Dunn) to fight a public request we filed with New York State, arguing that information about its Sandy activities is a ‘trade secret’

That’s right, when asked where the money went, the Red Cross lawyered up. Isn’t it hard to believe that how a charity spends its money could be a trade secret? Yet, the Red Cross’ “trade secret” argument persuaded NY State to withhold the information. From Yves Smith: (brackets and emphasis by the Wrongologist)

The…New York State Attorney General [is] helping the Red Cross shroud its activities. Admittedly, Schneiderman has taken up an investigation of the Red Cross. However, when ProPublica tried to obtain a copy of the information that the charity sent to the Attorney General, the Red Cross’ law firm, Gibson Dunn, insisted that much of the material provided was a trade secret and thus not subject to disclosure under New York’s version of FOIA, the Freedom of Information Law, or FOIL

ProPublica published Schneiderman’s response. It shows how absurd some of Gibson Dunn’s arguments were. For instance, the charity wanted the second line of a two line title redacted. The first line was “American Red Cross.” What could the second line possibly be that Gibson Dunn would contend that it deserved secret status? The name of a legal entity? Why does the Red Cross need trade secrets? They are supposedly, not for profit. Why would they need “business strategies” when they are not a business?

Next, as police departments across the US militarize, a former good idea is now being used for a bad reason. The good part was the formation of Law Enforcement Councils (LECs), made up of various municipal police departments in a state or region. When these LECs were set up, the idea was to exchange information about policing techniques and to provide back-up when incidents on the ground exceeded a given town’s resources.

The bad part: The WaPo reports on how police departments use their LECs, often incorporated as 501 (c) (3) organizations, to avoid providing information on its SWAT team activities. These LECs exist throughout the US. As part of the ACLU’s recent report on police militarization, the Massachusetts chapter of the ACLU sent open records requests to SWAT teams across Massachusetts. It was told that the SWAT teams were part of a private company that was not subject to the Massachusetts public records law. From the WaPo: (emphasis by the Wrongologist)

According to the ACLU, the LECs are claiming that their 501(c) (3) status means that they’re private corporations, not government agencies. And therefore, they say they’re immune from open records requests

These agencies oversee police activities. They employ cops who carry guns, wear badges, collect paychecks provided by taxpayers and have the power to detain, arrest, injure and kill. They operate SWAT teams. But in Massachusetts, they say that because they’re incorporated, they’re immune to Massachusetts open records laws. 240 of the 351 police departments in Massachusetts belong to an LEC. While LECs are legally “corporations,” they are funded by local and federal taxpayer money, and are composed exclusively of public police officers. Jessie Rossman, an attorney for the Massachusetts ACLU:

You can’t have it both ways…The same government authority that allows them to carry weapons, make arrests, and break down the doors of Massachusetts residents during dangerous raids also makes them a government agency that is subject to the open records law

Massachusetts residents aren’t permitted to know how often the SWAT teams are used, what they’re used for, what sort of training they get or who they’re primarily used against. Sound OK to you?

It is like a circular firing squad – as more and more Americans arm themselves with automatic weapons, the police see this as a reason why they need more and better military-grade weapons. And more secrecy.

Finally, our Congress at work: The National Journal reports that Congress decided to stop reporting Members’ trips that are paid for by private parties:

It’s going to be a little more difficult to ferret out which members of Congress are lavished with all-expenses-paid trips around the world after the House has quietly stripped away the requirement that such privately sponsored travel be included on lawmakers’ annual financial-disclosure forms

The move, made behind closed doors and without a public announcement by the House Ethics Committee, reverses more than three decades of precedent. Gifts of free travel to lawmakers have appeared on a Member’s yearly financial form dating back to the late 1970s, after the Watergate scandal. National Journal uncovered the deleted disclosure requirement when analyzing the most recent batch of yearly filings. They quote Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington:

This is such an obvious effort to avoid accountability…There’s no legitimate reason for it

Free trips paid for by private groups must still be reported separately to the House’s Office of the Clerk and disclosed there. But they will now be absent from the chief document that reporters, watchdogs, and members of the public have used for decades to scrutinize lawmakers’ finances. Last year, members of Congress and their aides took more free trips than in any year since the influence-peddling scandal that sent lobbyist Jack Abramoff to prison. There were nearly 1,900 trips at a cost of more than $6 million last year, according to Legistorm, which compiles travel records.

Now, none of those trips must be included on the annual disclosures of lawmakers or their aides.

There you have it: 3 examples of smart people, all ‘sponsored’ in whole or in part by we the people, who believe that the rules shouldn’t apply to them. These organizations are reducing transparency at a time when trust in public entities is at or near all-time lows, despite rules or laws on the books that argue against the very loopholes they say they need.

What about you and me is so scary to the Red Cross, the Massachusetts police, and Congress?

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