March 15, 2013

Investigation Opening Up Over Obama’s Drug Deal

A lawmaker from the same party as the president is asking for an investigation of Obama’s suspicious $433-million contract with a democratic donor’s pharmaceutical company for an unapproved, experimental smallpox drug.

Sen. Claire McCaskill, a democratic representative from the state of Missouri, has asked the Department of Health and Human Services to look into the White House’s recent deal inked between the Obama administration and Siga Technologies Inc, the manufacturer of a smallpox pill that is coincidently owned by a major campaign donor and crony of the commander-in-chief.

A report from earlier this month revealed that Siga had secured a $433-million deal with the White House to manufacturer an unapproved drug to be kept in America’s surplus stockpile of smallpox medication. The president’s relationship with controlling shareholder Ronald O Perelman has raised eyebrows, but it has also been divulged that Siga was offered the sole contract for the drug without the government seeking out any competition from fellow pharmaceutical companies.

The United States currently has $1 billion worth of smallpox vaccines on the ready, which is more than enough to aid the entire country in case of an epidemic. While the experimental drug, ST-246, has yet to be proved effective, it has also yet to be evaluated or approved by the FDA and is being purchased at a whopping $255 per pill.

As the Siga scandal develops, Sen. McCaskill has asked the DHHS to investigate, citing “serious questions” over their contract. McCaskill also serves on the Senate Subcommittee on Contracting and Oversight; she was also one of the first senators to back Barack Obama during his campaign for the presidency in 2008 and was rumored to be a potential candidate for running mate.

Source: https://rt.com/usa/news/obama-siga-drug-smallpox-265

Senators Demand the Military Lock Up American Citizens in a “Battlefield” They Define as Being Right Outside Your Window

While nearly all Americans head to family and friends to celebrate Thanksgiving, the Senate is gearing up for a vote on Monday or Tuesday that goes to the very heart of who we are as Americans. The Senate will be voting on a bill that will direct American military resources not at an enemy shooting at our military in a war zone, but at American citizens and other civilians far from any battlefield — even people in the United States itself.

Senators need to hear from you, on whether you think your front yard is part of a “battlefield” and if any president can send the military anywhere in the world to imprison civilians without charge or trial.

The Senate is going to vote on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. Even Rep. Ron Paul (R-Texas) raised his concerns about the NDAA detention provisions during last night’s Republican debate. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself.

The worldwide indefinite detention without charge or trial provision is in S. 1867, the National Defense Authorization Act bill, which will be on the Senate floor on Monday. The bill was drafted in secret by Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) and passed in a closed-door committee meeting, without even a single hearing.

I know it sounds incredible. New powers to use the military worldwide, even within the United States? Hasn’t anyone told the Senate that Osama bin Laden is dead, that the president is pulling all of the combat troops out of Iraq and trying to figure out how to get combat troops out of Afghanistan too? And American citizens and people picked up on American or Canadian or British streets being sent to military prisons indefinitely without even being charged with a crime. Really? Does anyone think this is a good idea? And why now?

The answer on why now is nothing more than election season politics. The White House, the Secretary of Defense, and the Attorney General have all said that the indefinite detention provisions in the National Defense Authorization Act are harmful and counterproductive. The White House has even threatened a veto. But Senate politics has propelled this bad legislation to the Senate floor.

But there is a way to stop this dangerous legislation. Sen. Mark Udall (D-Colo.) is offering the Udall Amendment that will delete the harmful provisions and replace them with a requirement for an orderly Congressional review of detention power. The Udall Amendment will make sure that the bill matches up with American values.

In support of this harmful bill, Sen. Lindsey Graham (R-S.C.) explained that the bill will “basically say in law for the first time that the homeland is part of the battlefield” and people can be imprisoned without charge or trial “American citizen or not.” Another supporter, Sen. Kelly Ayotte (R-N.H.) also declared that the bill is needed because “America is part of the battlefield.”

The solution is the Udall Amendment; a way for the Senate to say no to indefinite detention without charge or trial anywhere in the world where any president decides to use the military. Instead of simply going along with a bill that was drafted in secret and is being jammed through the Senate, the Udall Amendment deletes the provisions and sets up an orderly review of detention power. It tries to take the politics out and put American values back in.

In response to proponents of the indefinite detention legislation who contend that the bill “applies to American citizens and designates the world as the battlefield,” and that the “heart of the issue is whether or not the United States is part of the battlefield,” Sen. Udall disagrees, and says that we can win this fight without worldwide war and worldwide indefinite detention.

The senators pushing the indefinite detention proposal have made their goals very clear that they want an okay for a worldwide military battlefield, that even extends to your hometown. That is an extreme position that will forever change our country.

Now is the time to stop this bad idea. Please urge your senators to vote YES on the Udall Amendment to the National Defense Authorization Act.

Source: https://www.aclu.org/blog/national-security/senators-demand-military-lock-american-citizens-battlefield-they-define-being

Congress Conspires with “Fed” Banksters to Create Endless Interest-Bearing Debt

“If government becomes ‘independent of politics’ it can only mean that that sphere of government becomes an absolute self-perpetuating oligarchy.” — Murray Rothbard, The Case Against The Fed

“Wall street owns the country. It is no longer a government of the people, by the people, and for the people, but a government of Wall Street, by Wall Street, and for Wall Street. The great common people of this country are slaves, and monopoly is the master.” — Mary ‘Yellin’ Lease, 1895

“A private central bank issuing the public currency is a greater menace to the liberties of the people than a standing army…We must not let our rulers load us with perpetual debt.” — Thomas Jefferson

Even as we get closer to complete economic chaos and bankruptcy induced by a corrupt system of debt-money, we still hear those in congress repeating the catechism of Fed “independence.” In effect, they have pledged to maintain the independence of the privately owned “Fed” - exactly what the great banking historian, Murray Rothbard, called “an absolute self-perpetuating oligarchy.”

Independence from whom? For What? For how long? To what end?

In any case, the independent bank scam enables turning what would be our debt-free national investments into interest-bearing debt slavery. As a result of nearly a hundred years of this monetary servitude, the money mafia game is now on the verge of imploding, both domestically and globally, and taking with it our prosperity, economy and democracy - as well as that of many nations sinking under the same tyranny.

Independence of the “Fed”? Well, it’s independence from the people of course, from democracy, from accountability and morality. It is unaccountable independence from everything right, good, and constitutional while paving the way for taking care of their big bank owners at our expense. It is surely not independent of banking criminals handing themselves trillions. In fact it has become their own exclusive money monopoly and private weapon for their greed and gain and our financial destruction - a truly perverse prerogative now being used to collapse all public power and privatize all public assets.

Too many of the very Congresspersons entrusted with the money and credit powers by the founders in our Constitution continue to turn their backs on this democratic money power — that being the very way out of debt money slavery and everlasting interest upon interest imprisoning all future generations. In effect, these spineless Congresspersons are calling the founders idiots for giving the power of the purse to the most representative body? They might as well be saying exactly that if they continue to support this debt money slavery of a private cartel masquerading as a “government” institution.

Apparently, these same Congresspersons are ignorant of the hundred years of history of the Rothschild “Bank Of England” predation and our Revolution to escape precisely this crushing foreign banking debt-money monopoly. I guess they still think the Boston Tea Party was all about taxes on tea!

Notice that the corporate bankster-owned media is complicit as well, as nary a mention of the public central bank, debt-money, topic occurs in any political debate. In effect, we have allowed a takeover of our media information system by those who would rape us with their unconstitutional money powers. When you have the private power to create money out of thin air you can then come to own everything, and the people nothing.

Too many politicians, economists, and media sycophants alike still repeat this “independent” mantra, a mindless pledge of allegiance to the oligarchy, to the filthy rich and powerful banking families that own our country, our world, and our lives. It is both high comedy and high tragedy to watch these lemming politicians and economists fall all over themselves to say they support Fed independence.

Yet the Fed is clearly not independent of historic banking oligarchies, it is not independent of the self-interest of the Fed’s private owners. It is only independent of the very people the Constitution required it not to be independent from!

In short, Fed “independence” is the scam of the ages, and the people who espouse it are either uninformed, bought off, scared for their positions, ruthless fascists, or any sick combination thereof.

So you think the founders were crazy and wrong not to give a private central bank independence? They were crazy to make our money powers dependent on a Congress re-electable by the people - as opposed to Fed appointments virtually dictated by its big bank owners? With this oligarchic stance you demean your own office. You demean the Constitution. You are not worthy to serve as long as you serve to consign the people to everlasting debt-money slavery. For this you will be reviled by your constituents and your own families for your service to bankers and the ruin they visit upon us.

So, go ahead, run on that platform - i.e., that the founders were crazy and we’re much better off with an oligarchic, Goldman Sachs forever, Fed. Tell your constituents you don’t believe in our Constitutional democratic money powers… and that the big bankers know best. Run on that platform and see if ninety-nine per cent of your constituents are still that stupid.

As recent events have clearly displayed, however, the truth is that the last thing we need is a continued Fed independence from the people. We need a public central bank owned by the people, responsible to our elected representatives, dedicated to the public interest, free of interest-bearing money creation, and forever free of dependence upon private banking entities for our very future and prosperity.

Source: https://www.activistpost.com/2011/11/congress-conspires-with-fed-banksters.html

Supreme Court To Decide Whether Lawsuits Require Harm

WASHINGTON (Reuters) – In a dispute pitting big business against consumer groups, the Supreme Court hears arguments Monday on whether a person has to suffer legal harm to sue a company over an alleged kickback it got.

Cleveland home buyer Denise Edwards sued her title insurance company under a 1974 federal real estate settlement law that bars kickbacks and certain referral fee arrangements.

At issue is whether Edwards has the legal right to sue, even though she does not claim the alleged kickback affected the price, quality or any other aspects of her real estate settlement service.

Edwards paid First American Financial Corp $455 for title insurance as part of a home purchase in 2006 while the seller paid an additional $273.

She alleges that First American had an arrangement with her Ohio settlement agency to refer title insurance business exclusively to First American — the alleged kickback.

Her attorneys argued that Congress in adopting the 1974 law created a sufficient basis for her to sue and that courts have long recognized an individual’s interest to receive services free of kickbacks or other conflicts of interest.

Edwards has the support of 11 states, the National Consumers League and the consumer advocacy organization Public Citizen.

Backing the title company are organizations representing home builders, title insurance companies, mortgage bankers, Realtor and the U.S. Chamber of Commerce.

BROAD OR NARROW?

Kevin Walsh, a University of Richmond assistant law professor, said the arguments could provide clues on whether the justices are likely to rule broadly or narrowly.

“A broad ruling could either vindicate or constrict statutory damages provisions in laws designed to protect information privacy, to regulate debt collection and to set standards for credit reporting,” he said, citing some other laws that could be affected.

A narrow ruling based on the history of legal regulation of conflicts of interest would not necessarily affect other laws, he said.

The Supreme Court agreed to hear the case after conflicting rulings by U.S. appeals courts on the issue.

Celeste Hammond, director of the Center for Real Estate Law at the John Marshall Law School in Chicago, said in a written preview of the case for the American Bar Association that both sides viewed the dispute as significant for two reasons.

The first is whether an individual home buyer has the legal right or standing to sue for three times the charges paid for settlement services without alleging specific injury, she said.

Second, if Edwards can sue, then the case goes back to lower courts in California to determine if it can proceed as a class action, she said. The Supreme Court is not considering the class-action issue.

The Supreme Court case is First American Financial Corp v. Edwards, No. 10-708.

(Reporting by James Vicini, Editing by Howard Goller)

Source: https://www.rawstory.com/rs/2011/11/26/supreme-court-to-decide-whether-lawsuits-require-harm

Lawyer Suggests Strauss-Kahn Was Victim Of Political Plot

Disgraced ex-IMF head Dominique Strauss-Kahn’s lawyer on Friday suggested that a political plot could have been behind sex assault charges that brought down his client.

Washington attorney William Taylor referred to an upcoming investigative article in the New York Review of Books as evidence that the then powerful French politician may have been derailed, just as he was preparing to run against French President Nicolas Sarkozy.

“We cannot now exclude the likelihood that Dominique Strauss-Kahn was the target of a deliberate effort to destroy him as a political force,” Taylor said in a statement.

The article, an advanced copy of which was provided to AFP, analyzes key card data and other records from the New York Sofitel where Strauss-Kahn was staying when he allegedly sexually assaulted a room maid on May 14.

The article, due to be published on Saturday, notably questions whether a missing BlackBerry phone had been hacked by Strauss-Kahn’s political rivals.

It quotes unnamed sources close to Strauss-Kahn saying that he had been warned in a text message the day of his arrest that an email he’d sent to his wife from the BlackBerry had been read at the offices of Sarkozy’s UMP party in Paris.

The article also reports that a security camera caught the hotel’s head engineer, Brian Yearwood, high-fiving another man and appearing to dance in celebration, near to the maid, as she awaited the arrival of police.

Assault charges were dropped against Strauss-Kahn after prosecutors said that the maid, Nafissatou Diallo, had lied about details of her allegations, although evidence showed that some sort of hurried sexual encounter did occur.

While Strauss-Kahn left the United States a free man, he had to resign as head of the International Monetary Fund, his high-flying political career was in tatters, and he has since faced new allegations of sexual misconduct in France.

Taylor said the article by investigative journalist Edward Jay Epstein poses “serious questions concerning behavior of officials” at Sofitel and at its parent Accor Group.

“We call upon both to come forward with a full explanation of the questions Mr Epstein raises,” Taylor said.

The hotel’s media office did not respond immediately to a request for comment. The New York Review of Books could not be reached for confirmation about the contents of the article.

A lawyer for the maid, who has launched a civil suit against Strauss-Kahn in New York, quickly responded.

“It is beyond preposterous and irresponsible to say that Ms Diallo is part of some governmental conspiracy to set up DSK,” Douglas Wigdor said.

Source: https://www.rawstory.com/rs/2011/11/26/lawyer-suggests-strauss-kahn-was-victim-of-political-plot

A Story of Death Threats and Casual Insults: Racism in Germany

Germany was shocked to learn the extent of the crimes committed by a recently uncovered right-wing extremist group. But racism is hardly an anomaly in Germany. One family’s experience shows just how widespread prejudice and hate really is.

Four weeks. Even the timing itself seemed calculated for maximum intimidation.

Four weeks are long enough to begin forgetting, to regain a certain amount of calm. To begin thinking that maybe it was just a bad joke. But four weeks is too short to completely overcome the fear.

Four weeks was the amount of time that passed between the two death threats the Krause family (eds. note: not their real name) found in their mailbox. The first letter came in August 2011. The sender had cut letters out of a newspaper to form a message warning that Mr. Krause and his family would be killed if they didn’t leave Germany.

Why? Because Mrs. Krause and the couple’s two children have dark skin. Because Mrs. Krause comes from East Africa.

The second letter came in September, and the sender spent far less time on it. He simply drew four crosses on a sheet of white paper — one for each member of the family. For the son, for the daughter, for Mr. Krause and for Mrs. Krause.

Mr. Krause, a middle-aged professor, had long promised himself not to take occasional incidents of hostility too seriously. He wanted to avoid overreacting, to prevent those who would sow fear from feeling the satisfaction of success.

The second threat letter, however, made stoicism impossible. And since news broke of the neo-Nazi group that apparently killed nine immigrants over the course of several years, his composure has completely evaporated. The perpetrators of the killing spree purposefully chose victims who did not originally come from Germany.

“I am afraid,” says Krause. “I feel the presence of an unpredictable threat.”

Concerned about Consequences

Krause is not the kind of person who would normally shy away from openly speaking out. He embraces his civic responsibility. “I won’t accept insults,” he says. But now, Krause is extremely wary of seeing his name in print — and doesn’t even want it known where he is from. He is afraid for the lives of his wife and children, and for his own.

German authorities asked him to keep his story as quiet as possible and to only share it with his closest friends. They were concerned, they said, about the consequences should news of the threats become widespread. The letters are now in the hands of law-enforcement officials.

They have, however, refused to actively pursue the case, says Krause. No guards or police have been posted in front of his house. Krause claims the authorities made it clear to him that he simply wasn’t prominent enough for such measures. Instead, he is to follow a few simple rules: Only go to places that are well-lighted and where there is plenty of human activity. And to always monitor his rear-view mirror when driving. They also assured him that threats such as the ones he received aren’t particularly rare and that it was probably just some crank.

But Anders Behring Breivik, the man who killed almost 80 people in Norway in July, was also a crank. “The fact that someone is crazy doesn’t exclude the possibility that they are violent,” says Krause. He doesn’t believe that the neo-Nazi terror cell from Zwickau is an isolated case. “And it is wrong to think that they are just idiots,” he says. “They may be immoral, but they are intelligent.”

Krause is an economist, and he lives with his wife and children in a house located in a well-off district of a large German city. His wife, a doctor from a country in East Africa, moved to Germany to join her husband. At the time, she was pregnant with their second child. Even Krause’s manner of explaining how he met his wife in 2004 makes it clear just how often he has been confronted with prejudice. No, she wasn’t a prostitute that he met in a hotel, nor was she seeking to marry a rich German. She herself comes from a prosperous family. In reality, he explains, he met her at the university on the way to class one day.

Insulted on Account of Her Skin Color

Krause was happy to be able to bring his wife to Germany. It is safer here, the job market is better, medical care is superior — and he likes his homeland. “Germany is a great country, and it offers the opportunity to live in peace and harmony,” he says. Still, he didn’t want to be naïve. He told his wife that she might be insulted in Germany on account of her skin color.

But the reality has turned out to be much worse than he had imagined. And the death threats are only the tip of the iceberg.

The Krause family has experienced things that white-skinned Germans could never imagine. But everyone in the country who looks “foreign” has plenty of stories to tell - about not being served at the deli counter, of parents at the playground telling their children not to play with the dark-skinned child, of the Israeli’s neighbor who calls over from the neighboring balcony: “You Jews always have money.” Or even stories about open attacks, like the Asian woman who was spat on while walking on the sidewalk.

Krause has kept careful notes on many of the incidents he and his family have experienced, and he has notified the authorities. “It’s the sum total of the relatively small things,” he says. “At some point, you ask yourself if you are being overly sensitive. But the opposite of sensitive is insensitive, and that’s not how I want to be.”

His daughter, the oldest child, goes to kindergarten. “They are all very nice there, the parents and the teachers,” Krause says. But once another child told his daughter, “you are black, dirty and bad.” Where does such a thing come from? “Such a thing doesn’t kill anybody, but it is an indication of an attitude that would seem to be widespread,” Krause says.

No Public Interest

In a department store, according to Krause, one of the saleswomen said “poor Germany” when she saw his dark-skinned wife.

In a pharmacy parking lot, a car refused to stop for Krause’s wife and child, coming dangerously close to them. When Krause rushed to stand between his family and the car, the driver stepped out and called the family “monkey asses.”

Authorities rejected Mrs. Krause’s official complaint. “The accused denies having called you and your husband ‘monkey asses’,” reads the official reply. “Independently of that, such an utterance would not fulfill the legal definition of incitement. The mere incident of someone insulting a person who belongs to a particular ethnic group is not enough if the insult has no connection to that ethnic group.”

The letter also said that there was no public interest to be served in prosecuting the accused for the alleged insult.

Kind Gesture

His wife also tells the story of seeing a neighbour — a former teacher who lost his job because of right-wing extremist statements — give the Hitler salute to an acquaintance. “But maybe my wife just misinterpreted it,” Krause says.

After all, he is concerned that he has become obsessed. And he also tries to emphasize the positive situations he has encountered — like the older woman in the supermarket who gave each of his children a stuffed animal. “She simply wanted to say that we are extra-welcome here,” he says, adding that the gesture of kindness almost made him cry.

And yet, he still can’t sleep anymore. Every night between two and three in the morning, he finds himself standing at the window. Once, he saw a police car parked in front of his house for half an hour. But he doesn’t know what that might mean.

Source: https://www.spiegel.de/international/germany/0,1518,799987,00.html

A Philosopher’s Mission to Save the EU

Jürgen Habermas is angry. He’s really angry. He is nothing short of furious — because he takes it all personally.

He leans forward. He leans backward. He arranges his fidgety hands to illustrate his tirades before allowing them to fall back to his lap. He bangs on the table and yells: “Enough already!” He simply has no desire to see Europe consigned to the dustbin of world history.

“I’m speaking here as a citizen,” he says. “I would rather be sitting back home at my desk, believe me. But this is too important. Everyone has to understand that we have critical decisions facing us. That’s why I’m so involved in this debate. The European project can no longer continue in elite modus.”

Enough already! Europe is his project. It is the project of his generation.

Jürgen Habermas, 82, wants to get the word out. He’s sitting on stage at the Goethe Institute in Paris. Next to him sits a good-natured professor who asks six or seven questions in just under two hours — answers that take fewer than 15 minutes are not Habermas’ style.

Usually he says clever things like: “In this crisis, functional and systematic imperatives collide” — referring to sovereign debts and the pressure of the markets.

Sometimes he shakes his head in consternation and says: “It’s simply unacceptable, simply unacceptable” — referring to the EU diktat and Greece’s loss of national sovereignty.

‘No Convictions’

And then he’s really angry again: “I condemn the political parties. Our politicians have long been incapable of aspiring to anything whatsoever other than being re-elected. They have no political substance whatsoever, no convictions.”

It’s in the nature of this crisis that philosophy and bar-room politics occasionally find themselves on an equal footing.

It’s also in the nature of this crisis that too many people say too much, and we could definitely use someone who approaches the problems systematically, as Habermas has done in his just published book.

But above all, it is in the nature of this crisis that the longer it continues, the more confusing it gets. It becomes more difficult to follow its twists and turns and to see who is responsible for what. And the whole time, alternatives are disappearing before our very eyes.

That’s why Habermas is so angry: with the politicians, the “functional elite” and the media. “Are you from the press?” he asks a man in the audience who has posed a question. “No? Too bad.”

Habermas wants to get his message out. That’s why he’s sitting here. That’s why he recently wrote an article in the Frankfurter Allgemeine newspaper, in which he accused EU politicians of cynicism and “turning their backs on the European ideals.” That’s why he has just written a book — a “booklet,” as he calls it — which the respected German weekly Die Zeit promptly compared with Immanuel Kant’s 1795 essay “Perpetual Peace: A Philosophical Sketch.”

But does he have an answer to the question of which road democracy and capitalism should take?

A Quiet Coup d’État

“Zur Verfassung Europas” (“On Europe’s Constitution”) is the name of his new book, which is basically a long essay in which he describes how the essence of our democracy has changed under the pressure of the crisis and the frenzy of the markets. Habermas says that power has slipped from the hands of the people and shifted to bodies of questionable democratic legitimacy, such as the European Council. Basically, he suggests, the technocrats have long since staged a quiet coup d’état.

On July 22, 2011, (German Chancellor) Angela Merkel and (French President) Nicolas Sarkozy agreed to a vague compromise — which is certainly open to interpretation — between German economic liberalism and French etatism,” he writes. “All signs indicate that they would both like to transform the executive federalism enshrined in the Lisbon Treaty into an intergovernmental supremacy of the European Council that runs contrary to the spirit of the agreement.

Habermas refers to the system that Merkel and Sarkozy have established during the crisis as a “post-democracy.” The European Parliament barely has any influence. The European Commission has “an odd, suspended position,” without really being responsible for what it does. Most importantly, however, he points to the European Council, which was given a central role in the Lisbon Treaty — one that Habermas views as an “anomaly.” He sees the Council as a “governmental body that engages in politics without being authorized to do so.”

He sees a Europe in which states are driven by the markets, in which the EU exerts massive influence on the formation of new governments in Italy and Greece, and in which what he so passionately defends and loves about Europe has been simply turned on its head.

A Rare Phenomenon

At this point, it should be mentioned that Habermas is no malcontent, no pessimist, no prophet of doom — he’s a virtually unshakable optimist, and this is what makes him such a rare phenomenon in Germany.

His problem as a philosopher has always been that he appears a bit humdrum because, despite all the big words, he is basically rather intelligible. He took his cultivated rage from Marx, his keen view of modernity from Freud and his clarity from the American pragmatists. He has always been a friendly elucidator, a rationalist and an anti-romanticist.

Nevertheless, his previous books “Structural Transformation of the Public Sphere” and “Between Facts and Norms” were of course somewhat different than the merry post-modern shadow-boxing of French philosophers like Jacques Derrida and Jean Baudrillard. What’s more, another of Habermas’ publications, “Theory of Communicative Action,” certainly has its pitfalls when it comes to his theory of “coercion-free discourse” which, even before the invention of Facebook and Twitter, were fairly bold, if not perhaps naïve.

Habermas was never a knife thrower like the Slovenian thinker Slavoj Žižek, and he was no juggler like the German philosopher Peter Sloterdijk. He never put on a circus act, and he was always a leftist (although there are those who would disagree). He was on the side of the student movement until things got too hot for him. He took delight in the constitution and procedural matters. This also basically remains his position today.

Habermas truly believes in the rationality of the people. He truly believes in the old, ordered democracy. He truly believes in a public sphere that serves to make things better.

Part 2: A Vision of Europe at the Crossroads

This also explains why he gazed happily at the audience on this mid-November evening in Paris. Habermas is a fairly tall, lanky man. As he stepped onto the stage, his relaxed gait gave him a slightly casual air. With his legs stretched out under the table, he seemed at home. Whether he’s at a desk or not, this is his profession: communicating and exchanging ideas in public.

He was always there when it was a question of putting Germany back on course, in other words, on his course — toward the West, on the path of reason: during the vitriolic debate among German historians in 1986 that focused on the country’s approach to its World War II past; following German reunification in 1990; and during the Iraq War. It’s the same story today as he sits here, at a table, in a closed room in the basement of the Goethe Institute, and speaks to an audience of 200 to 250 concerned, well-educated citizens. He says that he, the theorist of the public sphere, doesn’t have a clue about Facebook and Twitter — a statement which, of course, seems somewhat antiquated, almost even absurd. Habermas believes in the power of words and the rationality of discourse. This is philosophy unplugged.

While the activists of the Occupy movement refuse to formulate even a single clear demand, Habermas spells out precisely why he sees Europe as a project for civilization that must not be allowed to fail, and why the “global community” is not only feasible, but also necessary to reconcile democracy with capitalism. Otherwise, as he puts it, we run the risk of a kind of permanent state of emergency — otherwise the countries will simply be driven by the markets. “Italy Races to Install Monti” was a headline in last week’s Financial Times Europe.

On the other hand, they are not so far apart after all, the live-stream revolutionaries from Occupy and the book-writing philosopher. It’s basically a division of labor — between analog and digital, between debate and action. It’s a playing field where everyone has his or her place, and it’s not always clear who are the good guys and who are the bad guys. We are currently watching the rules being rewritten and the roles being redefined.

A Dismantling of Democracy

“Sometime after 2008,” says Habermas over a glass of white wine after the debate, “I understood that the process of expansion, integration and democratization doesn’t automatically move forward of its own accord, that it’s reversible, that for the first time in the history of the EU, we are actually experiencing a dismantling of democracy. I didn’t think this was possible. We’ve reached a crossroads.”

It also has to be said: For being Germany’s most important philosopher, he is a mind-bogglingly patient man. He is initially delighted that he has managed at last to find a journalist whom he can tell just how much he abhors the way certain media ingratiate themselves with Merkel — how he detests this opportunist pact with power. But then he graciously praises the media for finally waking up last year and treating Europe in a manner that clearly demonstrates the extent of the problem.

“The political elite have actually no interest in explaining to the people that important decisions are made in Strasbourg; they are only afraid of losing their own power,” he says, before being accosted by a woman who is not entirely in possession of her faculties. But that’s how it is at such events — that’s how things go with coercion-free discourse. “I don’t fully understand the normative consequences of the question,” says Habermas. The response keeps the woman halfway at a distance.

He is, after all, a gentleman from an age when having an eloquent command of the language still meant something and men carried cloth handkerchiefs. He is a child of the war and perseveres, even when it seems like he’s about to keel over. This is important to understanding why he takes the topic of Europe so personally. It has to do with the evil Germany of yesteryear and the good Europe of tomorrow, with the transformation of past to future, with a continent that was once torn apart by guilt — and is now torn apart by debt.

Without Complaint

In the past, there were enemies; today, there are markets — that’s how the historical situation could be described that Habermas sees before him. He is standing in an overcrowded, overheated auditorium of the Université Paris Descartes, two days before the evening at the Goethe Institute, and he is speaking to students who look like they would rather establish capitalism in Brussels or Beijing than spend the night in an Occupy movement tent.

After Habermas enters the hall, he immediately rearranges the seating on the stage and the nametags on the tables. Then the microphone won’t work, which seems to be an element of communicative action in practice. Next, a professor gives a windy introduction, apparently part of the academic ritual in France.

Habermas accepts all this without complaint. He steps up to the lectern and explains the mistakes that were made in constructing the EU. He speaks of a lack of political union and of “embedded capitalism,” a term he uses to describe a market economy controlled by politics. He makes the amorphous entity Brussels tangible in its contradictions, and points to the fact that the decisions of the European Council, which permeate our everyday life, basically have no legal, legitimate basis. He also speaks, though, of the opportunity that lies in the Lisbon Treaty of creating a union that is more democratic and politically effective. This can also emerge from the crisis, says Habermas. He is, after all, an optimist.

Then he’s overwhelmed by the first wave of fatigue. He has to sit down. The air is stuffy, and it briefly seems as if he won’t be able to continue with his presentation. After a glass of water, he stands up again.

He rails against “political defeatism” and begins the process of building a positive vision for Europe from the rubble of his analysis. He sketches the nation-state as a place in which the rights of the citizens are best protected, and how this notion could be implemented on a European level.

Reduced to Spectators

He says that states have no rights, “only people have rights,” and then he takes the final step and brings the peoples of Europe and the citizens of Europe into position — they are the actual historical actors in his eyes, not the states, not the governments. It is the citizens who, in the current manner that politics are done, have been reduced to spectators.

His vision is as follows: “The citizens of each individual country, who until now have had to accept how responsibilities have been reassigned across sovereign borders, could as European citizens bring their democratic influence to bear on the governments that are currently acting within a constitutional gray area.”

This is Habermas’s main point and what has been missing from the vision of Europe: a formula for what is wrong with the current construction. He doesn’t see the EU as a commonwealth of states or as a federation but, rather, as something new. It is a legal construct that the peoples of Europe have agreed upon in concert with the citizens of Europe — we with ourselves, in other words — in a dual form and omitting each respective government. This naturally removes Merkel and Sarkozy’s power base, but that’s what he’s aiming for anyway.

Then he’s overwhelmed by a second wave of fatigue. He has to sit down again, and a professor brings him some orange juice. Habermas pulls out his handkerchief. Then he stands up and continues to speak about saving the “biotope of old Europe.”

There is an alternative, he says, there is another way aside from the creeping shift in power that we are currently witnessing. The media “must” help citizens understand the enormous extent to which the EU influences their lives. The politicians “would” certainly understand the enormous pressure that would fall upon them if Europe failed. The EU “should” be democratized.

His presentation is like his book. It is not an indictment, although it certainly does at times have an aggressive tone; it is an analysis of the failure of European politics. Habermas offers no way out, no concrete answer to the question of which road democracy and capitalism should take.

A Vague Future and a Warning from the Past

All he offers is the kind of vision that a constitutional theorist is capable of formulating: The “global community” will have to sort it out. In the midst of the crisis, he still sees “the example of the European Union’s elaborated concept of a constitutional cooperation between citizens and states” as the best way to build the “global community of citizens.”

Habermas is, after all, a pragmatic optimist. He does not say what steps will take us from worse off to better off.

What he ultimately lacks is a convincing narrative. This also ties Habermas once again to the Occupy movement. But without a narrative there is no concept of change.

He receives a standing ovation at the end of his presentation.

“If the European project fails,” he says, “then there is the question of how long it will take to reach the status quo again. Remember the German Revolution of 1848: When it failed, it took us 100 years to regain the same level of democracy as before.”

A vague future and a warning from the past — that’s what Habermas offers us. The present is, at least for the time being, unattainable.

Source: https://www.spiegel.de/international/europe/0,1518,799237,00.html

Black Friday Sales Start With Pepper Spray Stampede

Woman pepper-sprayed her rival bargain-hunters as 152m expected to flock to stores

Shoppers in the US kicked off their annual “Black Friday” orgy of consumerism amid scenes of pushing, pulling, running and – in one case – pepper-spraying their way through the doors of the nation’s shops and malls.

The annual tradition, when many stores open early with cut-price sales on the day after Thanksgiving, has become a source of controversy amid frequent scenes of near-rioting and injuries as mobs of people crowd into big-name shops.

But few can have expected even the most determined of bargain-hunters to adopt the brutal tactics of one female shopper in a Los Angeles suburb who attacked her rivals with pepper-spray: a substance more recently associated with police brutality against Occupy Wall Street protesters.

At least 20 people, including several children, were injured as the woman deployed her weapon. “I heard screaming and I heard yelling. Moments later my throat stung. I was coughing really bad,” said Matthew Lopez, a shopper who recounted his story to the Los Angeles Times.

The woman, whom witnesses said appeared to be defending an X-Box games console, has not been found or yet identified. Perhaps unsurprisingly, the gigantic store remained open amid the mayhem and other shoppers continued to roam the aisles filling their trolleys with goods.

The incident occurred late on Thanksgiving evening as the Walmart – like some other stores – had pushed back its Black Friday opening to begin late on Thursday.

The day gets its name from the idea that the period after Thanksgiving marks the part of the year when many shops finally get in the “black” and start turning a profit for the year.

But America in 2011 is stranded in a moribund economy marked by sluggish growth and a headline jobless rate stuck around 9%. Many retailers have pinned their hopes on a strong shopping season in the run up to Christmas and will be looking pouring through data from Black Friday for signs of increased spending.

Experts expect 152m people to hit the shops over the Black Friday weekend, up 27% on last year, with many retailers hoping for a desperately needed shot-in-the-arm to consumer spending in a still battered economy.

Even Apple, which has until now eschewed a discounting policy, cut its prices for one day on Friday.

Elsewhere in America the queues and rush to get through the doors was a little more steady and less violen than in Los Angeles. There were several shooting incidents, in Florida and in North Carolina, but it was far from clear these were directly linked to Black Friday shopping.

Yet, despite the problems, millions of people queued up outside stores in order to be first inside and snap up some of the bargains on offer on anything from TVs and consumer electronics to fashion and furniture. At Macy’s in New York an estimated 9,000 people waited in the street for a midnight opening.

In recent years, as media coverage of the event has grown and scenes of rioting and stampedes have become more common, Black Friday has drawn its share of criticism.

However, this year, as the Occupy movement has sprung up across the country, shoppers in some parts of America have also been joined by protesters trying to persuade them to put down their bags and go home, or at least avoid large chains and shop smaller and more locally.

Some campaigners called for a boycott of stores by consumers, though judging by the mayhem and huge queues that had little impact. Elsewhere protests were held at stores. At Macy’s in Manhattan a small group of people chanted “Occupy it, don’t buy it” to waiting shoppers.

In places such as Seattle protesters planned to hold rallies outside Walmarts in the city. In the small city of Boise, Idaho, a local Occupy group aimed to dress up as the undead to symbolise “consumer zombies”.

In Iowa “flash mobs” of protesters were set to target malls to try and convince shoppers to stay or away or think more politically about their purchases.

Source: https://www.guardian.co.uk/business/2011/nov/25/black-friday-sales-pepper-spray-stampede

The Shocking Truth About The Crackdown On Occupy

The violent police assaults across the US are no coincidence. Occupy has touched the third rail of our political class’s venality

US citizens of all political persuasions are still reeling from images of unparallelled police brutality in a coordinated crackdown against peaceful OWS protesters in cities across the nation this past week. An elderly woman was pepper-sprayed in the face; the scene of unresisting, supine students at UC Davis being pepper-sprayed by phalanxes of riot police went viral online; images proliferated of young women – targeted seemingly for their gender – screaming, dragged by the hair by police in riot gear; and the pictures of a young man, stunned and bleeding profusely from the head, emerged in the record of the middle-of-the-night clearing of Zuccotti Park.

But just when Americans thought we had the picture – was this crazy police and mayoral overkill, on a municipal level, in many different cities? – the picture darkened. The National Union of Journalists and the Committee to Protect Journalists issued a Freedom of Information Act request to investigate possible federal involvement with law enforcement practices that appeared to target journalists. The New York Times reported that “New York cops have arrested, punched, whacked, shoved to the ground and tossed a barrier at reporters and photographers” covering protests. Reporters were asked by NYPD to raise their hands to prove they had credentials: when many dutifully did so, they were taken, upon threat of arrest, away from the story they were covering, and penned far from the site in which the news was unfolding. Other reporters wearing press passes were arrested and roughed up by cops, after being – falsely – informed by police that “It is illegal to take pictures on the sidewalk.

In New York, a State Supreme Court Justice and a New York City council member were beaten up; in Berkeley, California, one of our greatest national poets, Robert Hass, was beaten with batons. The picture darkened still further when Wonkette and Washingtonsblog.com reported that the Mayor of Oakland acknowledged that the Department of Homeland Security had participated in an 18-city mayor conference call advising mayors on “how to suppress” Occupy protests.

To Europeans, the enormity of this breach may not be obvious at first. Our system of government prohibits the creation of a federalised police force, and forbids federal or militarised involvement in municipal peacekeeping.

I noticed that rightwing pundits and politicians on the TV shows on which I was appearing were all on-message against OWS. Journalist Chris Hayes reported on a leaked memo that revealed lobbyists vying for an $850,000 contract to smear Occupy. Message coordination of this kind is impossible without a full-court press at the top. This was clearly not simply a case of a freaked-out mayors’, city-by-city municipal overreaction against mess in the parks and cranky campers. As the puzzle pieces fit together, they began to show coordination against OWS at the highest national levels.

Why this massive mobilisation against these not-yet-fully-articulated, unarmed, inchoate people? After all, protesters against the war in Iraq, Tea Party rallies and others have all proceeded without this coordinated crackdown. Is it really the camping? As I write, two hundred young people, with sleeping bags, suitcases and even folding chairs, are still camping out all night and day outside of NBC on public sidewalks – under the benevolent eye of an NYPD cop – awaiting Saturday Night Live tickets, so surely the camping is not the issue. I was still deeply puzzled as to why OWS, this hapless, hopeful band, would call out a violent federal response.

That is, until I found out what it was that OWS actually wanted.

The mainstream media was declaring continually “OWS has no message”. Frustrated, I simply asked them. I began soliciting online “What is it you want?” answers from Occupy. In the first 15 minutes, I received 100 answers. These were truly eye-opening.

The No 1 agenda item: get the money out of politics. Most often cited was legislation to blunt the effect of the Citizens United ruling, which lets boundless sums enter the campaign process. No 2: reform the banking system to prevent fraud and manipulation, with the most frequent item being to restore the Glass-Steagall Act – the Depression-era law, done away with by President Clinton, that separates investment banks from commercial banks. This law would correct the conditions for the recent crisis, as investment banks could not take risks for profit that create kale derivatives out of thin air, and wipe out the commercial and savings banks.

No 3 was the most clarifying: draft laws against the little-known loophole that currently allows members of Congress to pass legislation affecting Delaware-based corporations in which they themselves are investors.

When I saw this list – and especially the last agenda item – the scales fell from my eyes. Of course, these unarmed people would be having the shit kicked out of them.

For the terrible insight to take away from news that the Department of Homeland Security coordinated a violent crackdown is that the DHS does not freelance. The DHS cannot say, on its own initiative, “we are going after these scruffy hippies”. Rather, DHS is answerable up a chain of command: first, to New York Representative Peter King, head of the House homeland security subcommittee, who naturally is influenced by his fellow congressmen and women’s wishes and interests. And the DHS answers directly, above King, to the president (who was conveniently in Australia at the time).

In other words, for the DHS to be on a call with mayors, the logic of its chain of command and accountability implies that congressional overseers, with the blessing of the White House, told the DHS to authorise mayors to order their police forces – pumped up with millions of dollars of hardware and training from the DHS – to make war on peaceful citizens.

But wait: why on earth would Congress advise violent militarised reactions against its own peaceful constituents? The answer is straightforward: in recent years, members of Congress have started entering the system as members of the middle class (or upper middle class) – but they are leaving DC privy to vast personal wealth, as we see from the “scandal” of presidential contender Newt Gingrich’s having been paid $1.8m for a few hours’ “consulting” to special interests. The inflated fees to lawmakers who turn lobbyists are common knowledge, but the notion that congressmen and women are legislating their own companies’ profits is less widely known – and if the books were to be opened, they would surely reveal corruption on a Wall Street spectrum. Indeed, we do already know that congress people are massively profiting from trading on non-public information they have on companies about which they are legislating – a form of insider trading that sent Martha Stewart to jail.

Since Occupy is heavily surveilled and infiltrated, it is likely that the DHS and police informers are aware, before Occupy itself is, what its emerging agenda is going to look like. If legislating away lobbyists’ privileges to earn boundless fees once they are close to the legislative process, reforming the banks so they can’t suck money out of fake derivatives products, and, most critically, opening the books on a system that allowed members of Congress to profit personally – and immensely – from their own legislation, are two beats away from the grasp of an electorally organised Occupy movement … well, you will call out the troops on stopping that advance.

So, when you connect the dots, properly understood, what happened this week is the first battle in a civil war; a civil war in which, for now, only one side is choosing violence. It is a battle in which members of Congress, with the collusion of the American president, sent violent, organised suppression against the people they are supposed to represent. Occupy has touched the third rail: personal congressional profits streams. Even though they are, as yet, unaware of what the implications of their movement are, those threatened by the stirrings of their dreams of reform are not.

Sadly, Americans this week have come one step closer to being true brothers and sisters of the protesters in Tahrir Square. Like them, our own national leaders, who likely see their own personal wealth under threat from transparency and reform, are now making war upon us.

Source: https://www.guardian.co.uk/commentisfree/cifamerica/2011/nov/25/shocking-truth-about-crackdown-occupy

Thai Facebookers Warned Not To ‘like’ Anti-Monarchy Groups

Country’s strict laws against insulting the monarch have been used to jail a man for 20 years for sending text messages

A government minister in Thailand has warned Facebook users that anyone pressing the “like” button on posts that might be offensive to the monarchy could be prosecuted under the country’s strict lèse-majesté laws.

The warning was given two days after a Thai criminal court sentenced Amphon Tangnoppaku, 61, to 20 years in prison for sending text messages deemed insulting to the country’s queen.

Amphon was found guilty on four counts and sentenced to five years’ consecutive jail on each charge.

Thailand’s laws against lèse-majesté (insulting a monarch) are the most severe in the world. Even repeating the details of an alleged offence is illegal.

A report in the Bangkok Post quoted the information technology minister, Anudith Nakornthap, saying that anyone who had pressed “like” on items related to lèse-majesté on Facebook should go back and delete all their reactions and comments. Such material could end up being copied by people who set up fake pages to insult the monarchy, he said.

“If they don’t delete them, they can end up violating the computer crime act for indirectly distributing inappropriate content,” Anudith said.

The court heard Amphon sent offensive text messages in May 2010 to a personal secretary of Abhisit Vejjajiva, who was prime minister. Amphon denied the charges, saying he was unfamiliar with the text message function on mobile phones and did not know the recipient of the message.

Thailand’s government has been forced to take a tough line on lèse-majesté after being portrayed by the opposition as soft on those who break the law.

Arrests and convictions spike during times of instability, when the law is used by political rivals to harass opponents. That has been the case since a 2006 military coup ushered in political upheaval and sporadic street violence.

Statistics obtained by the Associated Press from Thailand’s office of the attorney general show 36 cases were sent for prosecution in 2010, compared with 18 in 2005 and one in 2000.

The US state department has said it respects the Thai monarchy and judicial system but “people around the world should be afforded freedom of expression”.

Benjamin Zawacki of Amnesty International condemned Wednesday’s verdict, accusing the government of suppressing freedom of expression.

“Thailand has every right to have a [lèse-majesté] law but its current form and usage place the country in contravention of its international legal obligations,” Zawacki told the Associated Press. “Repression remains the order of the day in Thailand on freedom of expression and Amphon is a political prisoner.”

Before his arrest, Amphon had lived with his wife, daughter-in-law and three grandchildren in a rented room in Samut Prakan province, on the outskirts of Bangkok. He is retired and received a 3,000-baht (£62) monthly allowance from his children. He has mouth cancer and has required regular medical care since 2007.

Source: https://www.guardian.co.uk/world/2011/nov/25/thai-facebookers-warned-like-button