Stupid Is as Stupid Does

 

Supporters of the current president gathered outside the State Capitol building in Phoenix, Arizona, on January 25, to protest immigration reform measures being debated by state legislators. They undercut any interest in their arguments by badgering and hectoring brown skinned legislators, state office workers, and even schoolchildren on a field trip as they walked in the vicinity of the Capitol, presumptively proclaiming them illegal aliens, while giving white skinned folks a pass. They reached the epitome of their belligerent ignorance when one of them challenged the citizenship status of State Representative Eric Descheenie, a Native American of Navajo descent.

 

Besides the ignorance of challenging such a person on his right to be here, there is the sheer gall of doing so. The ignorance has always been there with some people, but the gall has risen to the surface lately on account of how emboldened they feel by the angry rhetoric of their Supreme Leader in the White House. Many of these particular protesters in Phoenix were armed, as well, and their allies in the police stood idly by while they harassed the targets of their hatred.

Mexican Cession
1848 Mexican Cession of territory after the Mexican-American War. 2008 map by Kballen.

Viceroyalty of the New Spain 1819 (without Philippines)
The Viceroyalty of New Spain in 1819. 2013 map by Giggette.

The police were supposedly studiously allowing the protesters room to express themselves freely, as guaranteed by the First Amendment to the Constitution. Strange how the ideology of protesters seems to affect how the police enforce First Amendment rights, though of course nothing can be proven. A similarly scrupulous desire for allowance of free expression strangely affected law enforcement at the Unite the Right rally in Charlottesville, Virginia, last August, and that after an incident in July in Charlottesville when the cops tear gassed for no very good reason counter protesters at a KKK gathering.

Since self-reflection and a balanced view of history are traits that are probably either non-existent or very low on the list for some of the denser supporters of the Ignoramus-in-Chief, any appeal here will fall only on their deaf ears, if at all, and the words will serve merely as preaching to the choir. Nevertheless, on the principle that a trickle of water may eventually lead to a baptism, it is worth a try. Has the schizophrenic nature of Republican anti-immigrant rhetoric never struck a discordant chord with any of these Know Nothings? The fact that their economic betters in the Republican establishment, the ones who back their Supreme Leader behind the scenes solely on account of his capacity to put yet more money in their pockets, have no desire to change current immigration policy because it suits their business interests to have cheap, exploitable labor. It has always been so.

From the 1994 Robert Zemeckis film Forrest Gump, Tom Hanks as the title character repeats a bit of received wisdom, “Stupid is as stupid does”.
Economically and politically the beliefs of the protesters at the Arizona Capitol will never get anywhere because they fly in the face of the moneyed interests who pull all the strings. So what is it all for, then? Blowing off steam from the angry white European descent base of the new hard right Republicans. The rich ones aren’t angry; they have no reason to be, since they are getting everything they want. It’s the people stuck in the economic levels below that who are angry. Why don’t they get angry with the people above them who are ripping them off? Good question, but one for a different day. They are angry with the people they see supplanting them as the most important demographic in this country, fragmenting solid white bread into hundreds of permutations of bagels and tortillas and pita pockets, many of them gluten-free.

 

Why do they vent their hatred and anger on brown skinned immigrants? Who else is left? The economic and political arguments of the anti-immigrant crowd largely fall apart under scrutiny, at least they do if this country is to continue to operate under the same principles it has going back hundreds of years, when the ancestors of the current anti-immigrants made their way here with little government interference and then, with the active encouragement of the government, violently shouldered aside the indigenous peoples who had been here thousands of years before them. It is a dangerous game that Republican leaders are playing, however, standing aside to let the angry base blow steam so that the moneyed interests can loot the country while everyone is distracted. They are counting on the casualties falling among groups they care nothing about other than their utility to them, such as liberals and immigrants. The people steering the Thief-in-Chief and his hard core minions around like a crazed nozzle spitting vituperation need to understand, though, that high pressure steam has a history of escaping control and blowing up in everyone’s faces.
— Vita

Early indian west
Early Native American tribal territories, superimposed on the present day western United States. 1970 map by the U.S. Department of the Interior, Geological Survey. Where’s Arizona, and where are all the white folks of European descent?

 

Surprise, Surprise

 

After the Federal Communications Commission (FCC) five member board voted along party lines to roll back Net Neutrality regulations last month, it wasn’t surprising to see some major Internet Service Providers (ISPs) trot out rate increases soon afterward. The new regulatory structure doesn’t take effect until 60 days after it is published in the Federal Register, which may take a few more weeks while the FCC completes final edits to the paperwork, but companies like Comcast just couldn’t wait. Meanwhile, in another predictable outcome of the end of Net Neutrality, over 20 states have started instituting their own rules in an effort to adhere to the old guidelines, while also suing the FCC to prevent it from trying to impose its new rules within each state.

 

This comes down to regulating interstate commerce in the form of communications companies, which is the only reason for federal agencies such as the FCC to exist. It will all have to be sorted out in the courts, and that could take years and many millions of taxpayer dollars, all because FCC Chairman Ajit Pai turned a deaf ear to the majority of Americans while he listened very closely to his corporate masters, such as at Verizon, where he worked as a corporate lawyer before being appointed to the FCC by President Barack Obama, at the behest of Senator Mitch McConnell (R-KY).

Reinstate Net Neutrality sign, Women's March, DTLA, Los Angeles, California, USA (39824631401)
“Reinstate Net Neutrality” sign at the January 20, 2018, Women’s March in downtown Los Angeles, California. Photo by Cory Doctorow.

There have been noises from Congress about legislating Net Neutrality, or a semblance of it, once and for all, thereby stripping the FCC of its bouncing ball regulations. Even if one of these measures manages to squeak by with enough votes in Congress, it will then cross the whistle-clean desk of Supreme Leader, who after all is the one who elevated Ajit Pai from FCC board member to chairman, most likely with the express purpose of encouraging him to gut Net Neutrality for the benefit of corporate giants. Supreme Leader will veto any legislation that undercuts his man at the FCC, and there will not be enough votes in Congress to override his veto, since that would require the votes of two thirds of the members.

Day of Action to Save Net Neutrality 04
One of the ironic slogans used by the non-profit organization Fight for the Future to promote the July 12, 2017, Day of Action to Save Net Neutrality.

In that case, it appears everyone will have to get used to paying through the nose for broadband internet service in areas of the country where there are only one or two providers, which is to say most areas. Consumers could pay less in a tiered system for service at the speed of dial-up, which is what the FCC has opened the door to now. Instead of being regulated like utilities, which must provide similar service to all consumers universally, the ISPs will be regulated like cable television companies, a business some of them have also been in for years.


The problem vexing consumers is that they usually have few choices for providers of these services, although they have slightly more choices than they do when it comes to their electric service. Still, in a market with limited competition, the advantage lies entirely with the unregulated company that is unfettered to charge whatever it can squeeze from captive consumers. Take it or leave it.


“Wildflowers”, the title song of Tom Petty’s (1950-2017) solo album from 1994.

The last area where ISP giants are working to complete their cornering of the market is in the contest over municipal broadband services, which are usually public/private partnerships between municipalities and smaller ISPs, where the municipality provides some infrastructure and subsidies, and the private company provides the hardware, operations, and maintenance. Municipal broadband often provides better service and better rates to consumers than they can get from the big companies, and is likely to provide service to poor and rural consumers who otherwise would have no service options. No wonder the big companies are intensively lobbying state and local officials to choke off municipal broadband. It appears their greed compels them to throttle competition and now, at their discretion, some services to their customers.
— Techly

 

Without Due Process of Law

 

“If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.”
― from The Federalist Papers, No. 51, by James Madison.

United States Attorney General Jeff Sessions is a fan of civil asset forfeiture, and last year he reinstated the federal partnership with state and local authorities that had been ended by the previous Attorney General, Eric Holder. That partnership allows state and local police to share seized assets with federal authorities if they claim even the flimsiest trespass on federal law by the forfeited assets (in a pretzel-like twist of legal reasoning, it is the assets themselves that are accused, not the person or persons who own them). Engaging the federal government in this way allows state and local police to bypass their civil asset forfeiture laws because they are superseded by federal laws, which are often more favorable to the police. The feds then give the state and local cops a kickback of all or part of the proceeds. This is called “equitable sharing” or, more cutely, “federal adoption”.


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Getting pulled over for a minor traffic violation while carrying a large amount of cash can lead to a nightmare civil asset forfeiture scenario for the driver, regardless of the legitimacy of his or her claim to the cash. Only the rich can afford to fight city hall in court. Photo by photoo.uk.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

― The Fifth Amendment to the United States Constitution, with the due process clause.


It’s hard to imagine how the law can be more clear than this: ” . . . nor be deprived of life, liberty, or property, without due process of law . . . ” To be doubly sure, there is another due process clause in the 14th Amendment. Yet here we are, with police abusing the citizenry by stealing from them, sometimes without even a formal charge filed, but only on mere suspicion of a crime having been committed with the asset or assets, and keeping the proceeds in order to augment their budget. There are slight differences in the law from state to state, but in many states the police are allowed to keep seized assets, which also clearly violates the last clause of the Fifth Amendment, the takings clause. It’s impossible to imagine a more blatant case of conflict of interest, adding insult to the injury of the initial seizure.

 

In a civil asset forfeiture case, the burden of proof is often on the citizen whose assets were seized, not the authorities who took them. In order to retrieve seized assets, a citizen must prove they were not used in the commission of a crime or are a result of criminal activity, and this proof must be forthcoming even when the police have not filed a charge in court. Apparently the only thing to prevent the police from more flagrantly abusing the civil asset forfeiture laws more than they do is the basic decency and good character of the majority of them. But men are not angels, as James Madison wisely observed, and to allow these laws to remain on the books is to invite corruption of the police and further erosion of public trust in government.

WilliamJeffersonFreezerCash20-45L
Cash found in a freezer at the Washington, D.C. home of Congressman William J. Jefferson of Louisiana. This photo was entered as evidence in July 2009 showing what was seized in August 2005 from the freezer of the home of then Rep. William Jefferson, D-New Orleans. Jurors in the trial of Jefferson, who lost his re-election bid in 2008 while under indictment for bribery, saw photos of the infamous frozen cash. It was wrapped in $10,000 increments and concealed in boxes of Pillsbury pie crust and Boca burgers. Photo by the U.S. Attorney’s Office.

A flagrant case of abuse occurred last year in Jeff Sessions’s home state of Alabama, in the small town of Castleberry in the south central part of the state. To generate revenue for his little town, the mayor hatched a plan for taking advantage of Alabama’s very favorable civil asset forfeiture laws by confiscating cash and property from citizens and visitors alike, but especially out of state visitors, often using entirely invented suspicions. The police chief made no bones about it on public forums, where he joked about how the bogus money grabbing had been a windfall for the town of Castleberry and its nascent police department, now flush with fancy new equipment and patrol cars. Eventually bad publicity caught up with the mayor and police chief of Castleberry, and they were hit with a lawsuit. On a national scale, what happened in Castleberry doesn’t amount to much other than a clear distillation of everything wrong with civil asset forfeiture.

Attorney General Sessions, waving the bloody shirt of the War on Drugs, nevertheless wants to continue civil asset forfeiture and expand it, if he can get away with it. His motivations are unimportant other than how they forecast all the draconian policies he’s likely to see through while he is in charge of the Department of Justice. The important thing is that he has opened up one of the very few issues that attracts a bipartisan consensus in Congress, and that has been for less civil asset forfeiture, not more.

Highway robbery in Stanley Kubrick’s 1975 film Barry Lyndon, with Ryan O’Neal as Redmond Barry. Under America’s civil asset forfeiture laws, the gold guineas in Barry’s purse, and the horse he rode in on, could be forfeited to the robbers, or police.
The strange history of this policy of official stealing from the innocent and the guilty alike also matters little, except perhaps to those appellate court judges who fall back on referring to obscure precedents of legal reasoning as convoluted and ultimately irrelevant as the debates of clerics who wondered how many angels might dance on the head of a pin. Congress can take this matter away from both Sessions and the judges by enacting legislation rolling it back. Really it should be swept away entirely, along with the War on Drugs it purportedly assists, as failed policies which have corrupted the police and eroded public trust every bit as much and in the same way as Prohibition did in the early decades of the twentieth century, when civil asset forfeiture first became a major police tactic. It seems we never learn lessons once and for all, but have to forever relearn them.
― Ed.

 

The Spirit of Giving

 

And the angel said unto them, Fear not: for, behold, I bring you good tidings of great joy, which shall be to all people.
For unto you is born this day in the city of David a Saviour, which is Christ the Lord.
― Luke 2:10-11, from the King James Version of the New Testament.

Just in time for Christmas, the Congress passed its giveaway to the rich known as the Republican tax reform package, and the Thief-in-Chief signed it into the law of the land. Afterward much merriment was enjoyed by them and their kind on the South Lawn of the White House, where boot licking was the order of the day. The corruption and depravity oozing from the swamp of Washington, D.C. is too disheartening to dwell upon at this festive season of the year.


Moving on from the fairy tale that the Republican tax plan does anything at all for anyone but the wealthy, there is the fairy tale that has taken hold in some quarters that the Nativity of Jesus Christ was devoid of political ramifications at the time or in today’s world, and that therefore Christmas should be devoid of politics. A straightforward reading of the Gospels should dispel those ideas. Herod the Great apparently had no illusions about the threat posed by the birth of Jesus to the political future of himself and his progeny. Even taking the Gospels at face value, the Nativity story is loaded with politics.

Alexander Laureus Satuloitu aasi 1820-23
Saddled Donkey, a painting of the Nativity by Finnish artist Aleksander Lauréus (1783-1823). Donkeys were the mount of the lower classes when they could afford them, while the upper classes rode horses. In addition to providing transportation for the Holy Family to Bethlehem and then to a temporary exile in Egypt, a donkey would be the mount of choice for Jesus when he entered Jerusalem to complete His mission.

The dramatic tension of the story derives from the methods that the adult Jesus would teach to change people’s lives, with eventual political change as a by product, as opposed to the immediate political change some of His followers hoped for and most of His opponents feared. And it starts in the Nativity when individuals on both sides refer to Him as a King, though they mean different things by that term. Herod the Great was correct to see the birth of Jesus as a threat to his world, however he may have perceived that threat.

The relation of the Nativity as an innocuous story about a baby and some shepherds is alright for small children who cannot grasp the larger political and humanitarian dimensions of the birth of Jesus, but for adults to ignore the story’s radical aspects and still profess an understanding of it borders on cognitive dissonance. The events set in motion by the birth of Jesus and the principles he taught in His later ministry were a radical departure from the politics of His time. Blessed are the meek? The rich have no chance at salvation until they give away all they have? Those were not standard beliefs then, nor are they now, despite what many people profess.

There is no “War on Christmas”, at least not in the way some conservatives formulate it. That is nonsense made up by people who, if they were confronted by the real Jesus today, rather than their Jesus of fable, would be horrified and demand that He be hauled away to prison. Based on what He is quoted as saying in the Gospels, He certainly would not have been there last week on the South Lawn of the White House ghoulishly celebrating the passage of a tax bill that steals from the poor to give to the rich. He would not have sided with evangelical voters who deem the election of any Republican, no matter how cretinous, better than the election of a Democrat. Who are these people to make war on Christmas by celebrating the birth of a baby who preaches war, hate, and intolerance rather than peace, love, and understanding? That story feeds the needs of empire and is on the side of the Romans. That’s not the true Christmas story, and there’s nothing funny about it.
― Ed.

 

Benjamin Franklin Would Not Be Proud

 

With each successive year, the United States Postal Service shows more cracks in its structure, and at no time of year is that more evident than around the year end holidays as letter and package volume increases. It’s difficult to find empirical evidence of the Postal Service’s failings as a delivery service, though anecdotal evidence is plentiful. Just about everyone has tales to tell of late delivery, non-delivery, delivery to the wrong address, or failure to pick up mail. If it seems these failings are increasing, that’s more than likely an accurate assessment because the United States Postal Service is beset both from within and without.

The Postal Service as originally designated in Article I, Section 8, Clause 7 of the Constitution, says nothing about profitability of the Service, only that it is a necessary manifestation of interstate commerce and communication. The Founders recognized it as a public utility, in other words, not a business for private profit making as much as a service for the benefit of the public, with all the implications for public subsidy that can entail.


Along the way from 1775, when the Continental Congress appointed Benjamin Franklin the first Postmaster General of the fledgling United States of America, some right wing factions got the idea that the Postal Service should behave as a quasi-private business still under government control. They got their way first in 1971 when the Postal Service was transformed into an independent agency under the Executive Branch, and then even more importantly in 2006 after Congress passed legislation requiring the Postal Service to fully pre-fund employee retirement health benefits, a requirement which has hamstrung the Service financially ever since.

Commercial Aviation Stamp 1926-76 Scott -1684
U.S. postage stamp issued in 1976 honoring the 50th Anniversary of U.S. Commercial Aviation (1926-1976). Illustrated are the first two airplanes used to carry Air Mail under contract: Ford-Stout AT-2 (upper) and Laird Swallow (lower). Federal Air Mail contracts provided important sources of revenue to early aviation companies, including Eastern Air Lines.

Hamstringing the Postal Service was not an unfortunate unintended consequence of fiscal responsibility measures, but a deliberate step by Republican legislators to ensure the eventual failure of the Postal Service so that its carcass could be picked over by private businesses, with the choicest bits going to the highest bidder. Less choice bits, like mail delivery to remote outposts around the nation, would most likely be ignored, with a consequent loss of mail service to those places. Sorry, not profitable. Travel half a day to the nearest small town to pick up your mail at a privately maintained postal outlet. Sending a letter to that remote outpost? Sorry, flat rate postage no longer applies for first class delivery. That will be ten dollars, please.

Besides being attacked from the outside by vultures, the Postal Service has been hampered lately from within by a toxic work environment fostered by bad, unaccountable management which has led to chronic staff shortages around the country even when the troubled economy would dictate that people would flock to Postal Service jobs that are relatively high paying, with better benefits than most other employers offer. Word gets around, however, and eventually people become reluctant to apply for those jobs regardless of the monetary rewards. Meanwhile, attrition combined with the depressing, hostile work atmosphere saw to it that valued senior employees took early retirement or simply quit to get away from the place. If Congress ever gets around to convening an investigative commission, Postal Service managers will have a lot of explaining to do.

In the 1947 film version of Miracle on 34th Street, starring John Payne as attorney Fred Gailey and Edmund Gwenn as Kris Kringle, the Post Office (as it was known then) was a respected institution.

In the meantime, try to be kind to your local mail carrier, who is only trying to make the best of a bad situation and, if possible, get home at a reasonable hour. Post Offices are short of staff, and mail sorting centers have been closed in the past ten years in a short-sighted attempt to save money, resulting in long hours for many mail carriers. Working after dark in the evenings has presented a whole new set of dangers to these people, from urban carriers walking a route being mistaken for prowlers to rural carriers in outmoded vehicles with only two weak hazard lights blinking to warn other drivers on dark country roads that they are sitting ducks as they move from box to box at low speed delivering the mail.

These are unnecessarily dangerous conditions for the carriers on their appointed rounds, and then to be confronted with bullying managers back at the Post Office when they’re finally done with their shift is too much. Something has to change at the Postal Service, starting with the top, but the first shove has to come from what corporate and political America considers the bottom, which are the customers who expect good service from their mail carriers, if only managers and legislators would either do better jobs supporting them or get out of the way and stop actively obstructing them.
― Ed.

 

Slowed to a Trickle

 

There’s a story of how in eastern Siberia in past centuries, where the people often partook of the fly agaric mushroom, Amanita muscaria, for its mind and mood altering properties, the rich often hoarded the supply and the poor had to do without until the rich threw a party such as a wedding, at which event they could be counted on to ingest some mushrooms and, when they ventured out to urinate, the poor would somehow capture the rich people’s urine, which was still loaded with the psychoactive ingredient, and the poor would drink it for their own trippy experience. The difference between that old story and modern trickle down economics is that in the story, if true at least to some extent, the peasants actually did reap some kind of reward finally. No such evidence exists for the modern economic theory.

Gary Cohn at Regional Media Day (cropped)
Gary “Hands Up” Cohn, Director of the National Economic Council.

 

It’s a good line to trot out as cover for tax cuts for the rich, apparently, and that’s why to sell the latest tax cut package it’s been used again by current presidential administration flacks like Gary Cohn, Director of the National Economic Council and former Goldman Sachs executive. The package passed the U.S. Senate on December 2, and now it awaits reconciliation with a similar package already passed by the House of Representatives. Republican leaders in Congress hope to have the bill ready for the president to sign by Christmas. Happy Holidays! Or Merry Christmas, if you prefer that with your egg nog.

Besides selling the bald-faced lie that the tax package is somehow supposed to benefit any other economic group but the wealthy, through the voodoo of trickling down, Republicans are cramming in several other things before they tie up the package with a nice bow. One is the repeal of the individual mandate from the Affordable Care Act, which will leave 13 million people uninsured. Another is the authorization of oil drilling in the Arctic National Wildlife Refuge in Alaska. And a third is the destruction of the Johnson Amendment, which will be like a Citizens United watershed moment for right wing churches, allowing them to flood political campaigns with money from their congregations without endangering their tax exempt status. Of course, other churches, left wing or neutral, will be able to do the same, but it is the religious right that has long scorned the Johnson Amendment as an impediment to its agenda. Indeed, all three of these additions to the tax package will scratch itches conservatives have been worrying over for years or decades.

 

There are other items added to the basic tax package that will satisfy many conservatives, though surprisingly not all, and not because the tax cuts don’t go far enough, but because they go too far or are misplaced. At a presentation before an auditorium full of CEOs in November, Gary Cohn stressed that the corporate tax cuts in the new package should spur investment, and to prove his point he asked for a show of hands from those present who would increase their company’s investments. A few raised their hands, but not the majority, and certainly not as many as Mr. Cohn apparently expected, because he asked “Why aren’t the other hands up?” before quickly moving on to other business. CEOs elsewhere have also questioned the necessity of the corporate tax cuts, which is to their credit considering how greedily corporate America generally behaves.

Steven Mnuchin official portrait (cropped)
Steven “Mr. Cruella De Vil” Mnuchin, Secretary of the Treasury.

No, the corporate tax cuts in the latest bill are intended to benefit the financial sector, Wall Street. That’s why people like Treasury Secretary Steven Mnuchin and Gary Cohn, creatures of Wall Street, like the bill and defend it. They understand it. It means more money for themselves and their colleagues. They talk about how it will help producers of things produce more and better things, and how it will improve life for the lower orders. They believe none of that, nor do they understand it. They never produced anything. They have no interest in producing anything. They can barely conceal their contempt for people who produce things, and particularly the ones who get their hands dirty doing it.

From the 1940 Disney film Fantasia, the Chinese dancers of Tchaikovsky’s The Nutcracker ballet envisioned as mushrooms very much like the fly agaric kind.

People like Mnuchin and Cohn and the Supreme Leader who appointed them understand only money, meaning the more of it for themselves the better, especially if it means less for everyone else. To move economic metaphors from the latrine to the marina, from trickle down to a rising tide lifts all boats, the Wall Street Greed Heads could follow a better model than trickle down by investing in the bottom, the rising tide. They don’t understand that, however, nor can they spare what little empathy they have for it, and that leaves 99 percent of the country coping with the trickled down policies the Greed Heads do understand, which is all for the few, the one percent.
― Ed.

 

Prick Up Your Ears

 

It’s hard to fathom how far to the right Republicans in particular, and the country generally, have moved in the past half century that people are surprised to be reminded, or to learn for the first time, that it was the Republican President Richard Nixon who established the Environmental Protection Agency (EPA) in 1970. To be sure, Nixon was no environmentalist, and his establishment of the EPA was in his view a way to steal thunder from his political opposition on the left, where the environmental movement had been gathering momentum since the publication of Rachel Carson’s book Silent Spring in 1962. Nonetheless, he signed the necessary papers and backed the new agency’s initiatives such as the Clean Air Act.

 

Fifty years later, Republicans abominate the EPA and associated environmentally protected areas around the country. The latest natural areas to come under attack are Bears Ears National Monument and Grand Staircase-Escalante National Monument, both in Utah. The current Republican administration, at the recommendation of Interior Secretary Ryan Zinke, wants to reduce Bears Ears by 85% and Grand Staircase-Escalante by 50%, opening up the areas taken away from them for commercial and recreational use. The executive order mandating the change pleased Utah Republican Senator Orrin Hatch a great deal. The changes will undoubtedly be challenged in court by private environmental protection groups and by Native American tribes in the area.

Charge of the Rough Riders at San Juan Hill
Charge of the Rough Riders at San Juan Hill, a painting by Frederic Remington (1861-1909).

When President Nixon signed the Clean Air Act at the end of 1970, he did so in the White House in front of a painting by Frederic Remington called Charge of the Rough Riders at San Juan Hill, which prominently featured Theodore Roosevelt leading his regiment of volunteers at the 1898 battle. It was not the most politically correct staging of the signing of an important document by today’s standards, considering how the United States merely replaced Spain as the colonial power overseeing Cuba, rather than liberating the Cubans as American propaganda had it at the time of the Spanish-American War, but for the period around 1970 that aspect may have been overlooked by most bystanders to the signing in favor of the possibly intended point of celebrating Theodore Roosevelt and his championing of environmental protection, a first for an American president.

 

Contrast that rather sensitive staging with the completely insensitive, tone deaf staging by the current administration of a recent ceremony honoring Navajo code talkers and their contributions to American military efforts in World War II. Not only did the ceremony take place in front of a portrait of President Andrew Jackson, infamous for his hostility to Native Americans and for his authorization of the Indian Removal Act of 1830, known as the Trail of Tears, but the current president added a completely irrelevant snide remark that doubled as a smear of one of his political opponents on the left as well as Pocahontas, a Native American woman notable as a mediator with the English settlement at Jamestown, Virginia, in the early 1600s. The current president apparently mistook his comment for wit, because he laughed, while very few others at the ceremony did. Paying attention to the current president’s remarks in person and on Twitter gives us insight into his character, but his actions and his choice and use of symbols speak louder than his words and tell us what he and his administration are actually doing to this beautiful country and its people.
― Izzy

Andrew jackson head
Portrait of Andrew Jackson, the seventh president of the United States, painted by Ralph Eleasar Whiteside Earl (1785/88-1838).

 

In Comcast We Trust

 

Recently one of the minority Democratic members of the five person board of the FCC took the unusual step of writing an article for distribution in the popular press urging the public to sit up and pay attention to what the majority Republican members of the board are attempting to do with a vote on December 14 to repeal net neutrality rules. Jessica Rosenworcel asked the public to make a fuss with the FCC and with Congress to try postponing the vote until after public hearings. The vote will likely still take place on the 14th, and the outcome is certain considering the three to two Republican majority on the Commission board. The next step will probably see the rule changes challenged in court, with litigation taking years.

Congress could change how a regulatory agency like the FCC goes about its business so that it is less swayed by the variable political winds, but it appears there is little will in the Republican Congress to overrule the agency and tie it down to enforcing a net neutrality law enacted by legislators. There is some discussion in technology circles that introduction of 5G wireless service in the next few years will change the competitive landscape since 5G speeds and bandwidth will challenge the monopoly of wired service providers for the crucial last mile of service to customers’ homes. Until now, wireless internet service providers like Verizon and AT&T could not compete with wired providers like Comcast and Charter because their service was slower and not capable of handling the bandwidth demands of home users piling up GigaBytes of usage every month, usually by streaming video.


5G may indeed change the competitive landscape between a few large internet service provider companies as it rolls out, but customers will still have to deal with fast lanes and slow lanes imposed by whichever gatekeeper they sign up with for service. The proposed FCC rule changes will allow ISPs to charge different content providers varying amounts based on tiers of service, rather than providing equal access to all as they are required to do now since they are regulated as public utilities.

Jessica Rosenworcel official photo
FCC Commissioner Jessica Rosenworcel, who began service on the Commission in 2012 and was confirmed by the Senate for an additional term in 2017.

When FCC Chairman Ajit Pai first proposed rolling back net neutrality rules early this year, Comcast said essentially “Trust us, we would never take full advantage of the regulatory opening to charge a premium for faster internet service.” As if anyone would believe them, particularly anyone who had any experience at all as a Comcast customer! Lately Comcast has walked back their earlier statement with some linguistic mumbo-jumbo that’s supposed to make people think they won’t be doing what they intend on doing when the time comes and they can get away with it, which will be to charge a premium for faster internet service and, as a bonus, no data caps! Comcast’s duplicity surprises no one, and their pleas for trust are laughable.

The best thing that can be hoped for by people who wish to keep a relatively open and inexpensive internet beyond December 14 is that the rule changes will be tied up in the courts for several years, and to some extent that will tie the grasping hands of some internet service providers who are eager to take advantage of the new rules to gouge content providers and customers. Beyond that, the best hope for a decisive, long term answer to the problem will have to come from Congress, which in the current environment does not appear possible, but may be so after a change in party dominance in Congress as a result of the 2018 election. The FCC needs to be more an enforcer of rules Congress makes, and less its own rule maker.
― Techly

 

We’re Going to Need More Dimes

 

When it comes to net neutrality analogies, many people opt for the internet superhighway one where there may be fast lanes and slow lanes or, on a content neutral internet, all lanes are equal. Since it’s hard to bring in the gatekeepers who set the rules for the internet on that kind of analogy, it might be easier to think of net neutrality or non-neutrality as related to a toll plaza, where the gatekeepers, such as AT&T, Verizon, or Comcast, charge different amounts and cause varying delays to the vehicles attempting to pass through their gates.

 

On a net neutral superhighway, the gatekeepers at the toll plaza charge roughly the same amount to every vehicle and pass them all through with equal alacrity. On an internet superhighway that is not neutral and grants wide discretion to the gatekeepers at the toll plaza, toll charges vary a great deal from vehicle to vehicle, and the gatekeepers might also hold up certain vehicles, making them late to their destination.

Storebaelt toll area
The Great Belt Fixed Link toll plaza in Denmark. Different colored lights indicate different payment methods. Photo by heb.

FCC Chairman Ajit Pai, after going through the motions of a public comment period through the summer on his proposed, Orwellian-named “Restoring Internet Freedom” gutting of the 2015 net neutrality rules, announced today that the FCC board of three Republicans and two Democrats will vote on rules changes on December 14. The fix is in, as it has been since early this year when Mr. Pai expressed his intention to overturn the 2015 rules, and there is little doubt how the majority will vote on December 14. It is still possible between now and then to bring enough public pressure to bear on Congress for that body to influence either the FCC board vote, which is not likely, or put in motion legislation to override FCC rules on rescinding net neutrality, which is the more likely outcome, if there is to be a positive one at all for neutrality advocates.

Regulation of internet access is too vital to leave up to the unelected five member board of a regulatory commission. The current FCC board has also recently demonstrated its irresponsibility to the country at large when it did away with rules preventing monopolization of local media markets by a single company, recklessly opening the gates to allow Sinclair Broadcasting to consolidate its control across the country.

In the 1974 film Blazing Saddles, directed by Mel Brooks, the citizens of Rock Ridge set up a toll booth to slow down the bad guys coming to destroy their town. Warning: foul language.

Congress could put an end to FCC favoritism toward big business by passing legislation, instead of allowing the FCC board to vote on rules after the formality of a meaningless public comment period, since the board Republicans will almost certainly vote against net neutrality despite the majority of public comments in favor of it. Congress is also beholden to big business, but at least it retains some ability to bend to the public will. As it stands now, after the December 14 vote the new rules will likely get challenged in court, and the legal struggle will eat up years, and all the while the internet gatekeepers will make fortunes extorting internet users who need to pass their toll booths.
― Techly

 

The Art of the Steal

 

The Republicans have passed their tax bill in the House of Representatives, and next week it goes to the Senate for a vote. This week the Senate Finance Committee held hearings on the tax bill, and Chairman Orrin Hatch (R-UT) became so upset with Sherrod Brown’s (D-OH) criticism of the bill and of Republicans’ motives in trying to pass it, that he exclaimed “Bullcrap!” in response. “Bullcrap” seems to be a favored light curse among Republicans in public life. The last time the term made headlines was when a self-absorbed Republican representative from Oklahoma used it earlier this year to rebuke some critical constituents.

 

Senator Brown’s criticism of the bill was entirely accurate and to the point, which of course was why Senator Hatch called it “bullcrap”. No need to respond with strong language like “bullcrap” if Senator Brown’s remarks weren’t close enough to the mark that they might alert the slumbering masses they were about to be screwed so that a handful of wealthy people and corporations could stuff even more money in their pockets at the expense of everyone else. Like any old master at shilling for wealthy patrons, Senator Hatch understands that the game is pretty obvious to anyone who is halfway paying attention, even mainstream journalists, but it lacks decorum to point it out to the rubes, who must always be led to believe there is something in it for them.

If-us-land-mass-were-distributed-like-us-wealth
An illustration of income inequality. Map by Stephen Ewen.

The tax bill plainly enough steals from the poor and gives to the rich. The question remains whether the Republicans will get away with it, not only by passing it in the Senate, thereby making it the law of the land once the Capitalist-in-Chief signs it, as he certainly will, but in the 2018 congressional elections. Americans have notoriously short memories, at least for the dry details of economics.

Orson Welles as the plutocrat Charles Foster Kane in his 1941 film Citizen Kane campaigns for governor of New York with the usual palaver about the “working man.”

The conventional wisdom says people vote their pocketbooks, but that has been disproved over and over again in recent elections. The wealthy vote their pocketbooks, but since there are relatively few of them and therefore their actual votes don’t amount to much, they open their pocketbooks to their favored candidates, who then convince the rubes to get fired up about social issues like gay marriage, and never mind that in the long run they are voting against their economic self-interest. Getting screwed by the very people who profess to be your friends has been a time honored strategy that works, just ask the Native Americans not long after the first Thanksgiving with the Pilgrim settlers, and again and again to their misfortune through the years after that.
― Ed.

 

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