Mammon's Peach Notes on the War of Mammon against Human Values in Law, Politics, and Society.
You cannot serve God and Mammon. Matthew 6:24
We are not contending against flesh and blood, but against the principalities, against the powers, against the world rulers of this present darkness, against the spiritual hosts of wickedness in the heavenly places. Ephesians 6:12

Mammon's Peach: Current Page. Archives indexed by Subject. Comments? Contact Charles M. Cork, III.

Contents of this page:
July 30
Mammon wants to control energy
Another example of the wages of sin

July 29
Trickle down faith goes only so far
Two Big Banks Pay for Helping Enron
Civil Justice Reform "Facts" Don't Add Up

July 28
Building Mammon's playgrounds
Mammon's kind concern for the Chinese
Still waiting for the trickle down
Mammon says what it must, part VII: Cheney's Speech

July 25
A small victory against big Mammon
Mammon encourages doctors to defraud the public
Mammon Manipulates Business Financial Statements
More on the costs of war
Too many doctors?

July 22
The laborer deserves his wages

July 21
Deceptively shallow drug benefits

July 19
Mammon says what it must, part VI: The Whole State of the Union

July 18
Recession over, where are the jobs you promised?
Bush shields himself from opposing voices
Mammon says what it must, part V
Death by SUV elevates traffic deaths to 12-year high
Mammon under Oath II: No evidence of tort system out of control
The effects of tort reform on women

July 17
Justice for sale
The fine print in Bush's African overtures
Tax cuts more important than 8,000,000 lives
Two of a kind
It's expensive to be uninsured and sick

Wednesday, July 30, 2003

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Mammon wants to control energy

In Energy Monoliths Could Return, Peter Behr writes about a vote this week in the Senate toward removing regulations on energy producers. Under current law, the Public Utility Holding Company Act, enacted in response to the great Depression, power companies stay local and are regulated locally. If repealed, mergers can create mega-utilities that can charge their own rates. In the words of one former FERC lawyer, "we'll have the worst of all worlds: deregulated monopolies." The reason for the current law:

The 1935 act was a furious political response to huge shareholder losses when electric-power holding companies collapsed in the Great Depression. While it contains many loopholes, the act was "basically a stay-at-home, stick-to-your knitting statute," said Scott Hempling, a Silver Spring lawyer who specializes in regulatory issues.

Changes in the act made by Congress and regulators in the 1990s opened the way for deregulated energy marketers such as Enron Corp., Dynegy Inc. and Mirant Corp. to buy or build power plants anywhere in the country, trade energy and sell unregulated power. They counted on wresting higher profits than the regulated utilities could make. Instead, too many generating plants were built. When energy prices plunged in mid-2001 and the Enron scandal followed, the stock prices and fortunes of those generators collapsed.

. . . The 1935 act is still needed to prevent the use of regulated assets paid for by utility customers to fund get-rich-quick schemes outside the power business, the act's defenders say. "The utility industry unfortunately has demonstrated it can't always be trusted to do the right thing for shareholders and customers," said Susan C. Cunningham, the Kansas commission's general counsel. "It would be a huge mistake to repeal [the 1935 act] at this time," Cunningham said.

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Another example of the wages of sin

In Foreign visits to US drop sharply, Abraham McLaughlin writes about the dramatic reduction of foreigners coming to America, and the enormous loss of both capital and (IMO more importantly) international good will. Those who choose not to come, students, scientists, au pairs, medical patients, and of course tourists, are taking their talents and economic benefits elsewhere. This is due both to our increasingly fortress-like visa process and disillusionment with the US generally. Raising the visa hurdles is defended on grounds that it is necessary to protect us from terrorist attacks. Yet, had we pursued policies that make for peace and international justice, they would not have been necessary and America would have been a leader among open societies. The future is still open.

Tuesday, July 29, 2003

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Trickle down faith goes only so far

In Consumer Confidence Suffers Surprise Drop, AP reports that the Consumer Confidence Index dropped to 76.6 last month, down from 83.5, while analysists were expecting a 1.5 point increase. It is striking to me that analysists would expect the CCI to rise while the "trickle-down" of jobs and security remains a myth. Looking at the situation from the workers' side, for a change:

``The rising level of unemployment and sentiment that a turnaround in labor market conditions is not around the corner have contributed to deflating consumers' spirits this month,'' said Lynn Franco, director of The Conference Board's Consumer Research Center. ``Expectations are likely to remain weak until the job market becomes more favorable.''

Consumer' assessment of both current conditions and their outlook for six months from now deteriorated from last month's reading. Those rating present business conditions as ``bad'' increased to 30.4 percent from 28.1 percent. However, those holding the oppositie view increased to 16.3 percent from 14.9 percent. Consumers describing jobs currently as ``hard to get'' rose to 33.1 percent from 31.9 percent, while those claiming jobs are ``plentiful'' declined to 10.5 percent from 11.2 percent. Consumers anticipating an improvement in business conditions in the next six months fell to 20.2 percent from 23.5 percent. Consumers anticipating conditions would worsen rose to 11.5 percent from 9.2 percent. The unemployment outlook was also less bullish. Consumers anticipating more jobs to become available over the next six months declined to 16.8 percent from 18.9 percent, while those expecting fewer jobs increased to 19.8 percent from 16.9 percent. The proportion of consumers anticipating an increase in their incomes declined to 15.7 percent from 17.1 percent.

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Two Big Banks Pay for Helping Enron

In News Analysis: A Warning to Banks on Role in Fraud, Floyd Norris writes about a settlement between the SEC and two of the nation's largest financial institutions, J. P. Morgan Chase (paying $162.5M) and Citigroup (paying $126.5M), of charges that they actively assisted Enron in accomplishing its fraud. Here's how they did it:

It is clear that both banks knew quite well that they were entering into transactions with Enron that were in reality loans for hundreds of millions, and even billions, of dollars. But they were structured in convoluted ways to allow Enron to report them not as loans — which would have shown the company to be deeper in debt than it wanted to appear — but as other kinds of liabilities related to its trading activities.

In some cases, Enron even found ways to account for borrowed money as providing cash flow from operations, thus making it look like the company was making money that it was not. In one case, it borrowed money from Citigroup and bought Treasury bills, which it immediately sold. It claimed the proceeds of the sale increased operating cash flow by $500 million.

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Civil Justice Reform "Facts" Don't Add Up

In NAII Reiterates Strong Public Policy Position on Civil Justice Reform, the National Association of Independent Insurers issued a press release supporting tort reform. It makes the following staggering statistic, followed by more conventional ones:

“The U. S. tort system is the most expensive in the industrialized world, equating to a tax of more that $720 on every U.S. citizen in 2003. Barely three years ago the figure was $87,” said Terry E. Tyrpin, NAII senior vice president, insurance and research services. . . . “The U.S. tort system is highly inefficient, returning only 46 cents on the dollar to the people it is designed to help and only 22 cents on the dollar to compensate for actual economic losses to the very people it promised to make whole. . . . The U.S. tort system costs are more than double that of any other industrialized countries. U.S. tort costs are 2.04 percent of the gross domestic product (GDP). Tort costs were 1.33 percent of the GDP in 1970 and only 0.61 percent of the GDP in 1950.

NAII claims that total tort payouts increased by 828% ($87 to $720 per person) over three years, the so-called tort tax. I have inquired to NAII for the source of these numbers, but let's just see if it adds up even on NAII's theory. If US tort costs are 2.04% of GDP now, then three years ago they must have been about 0.25% of GDP. IF US tort costs are now double any other industrialized country, then three years ago they must have been about 24% of other industrialized countries.

As for the efficiency of the tort system, the same options are available. One can eliminate justice altogether, with a highly efficient, highly unjust result. One can convert the system into a no-fault system, where injuries are compensated automatically, so that close to 100% of system costs go to victims. That system would require universal health care, so that we don't have "inefficient" squabbles over what injuries were actually caused by the defendant's conduct, and a series of fines pre-set for each kind of bodily injury, so that there is no inefficient dispute over the size of the award. That would still not eliminate "inefficient" litigation over whether the defendant injured the parts of the body claimed by the plaintiff. Nor, especially, would it eliminate such litigation over whether the defendant(s) did something wrong at all, and thus owe(s) the fine, so maybe we need videocameras everywhere, but even this would only limit some disputes. You get the point. Unless there is some way to decide rationally and immediately the level of fault and damage, there will necessarily be inefficiencies in making any award fit the fault and consequences of the acts.

As for the whole concept of "tort taxes," however they are calculated, they need to be offset with the benefits gained: decreased injuries, meaning more productivity, and an increased sense of justice between the mighty and the ordinary citizen.

As for paying "only" 22 cents on the dollar to compensate for actual economic losses, NAII makes it sounds at though the awards cover only 22% of medical expenses, which is false. 22% relates to the percentage of all payments into the tort system going for economic losses. This won't cover 100% of those economic losses, but it will be fairly close. It is therefore not a fault of the tort system that it pays "only" $0.22 for economic losses, if that is close to the amount it should pay.

Monday, July 28, 2003

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Building Mammon's playgrounds

In Stadiums Are Built On Federal Tax Break, Peter Whoriskey writes:

The recent wave of sports stadium and arena construction is costing the U.S. Treasury more than $100 million annually because the projects have been financed with tax-exempt bonds, a federally supported method of borrowing money more often used to build roads, schools and other public projects. . . . At least 38 major league sports venues have been built or rebuilt using nearly $7 billion in tax-exempt financing since 1990, according to a Washington Post review of more than 40 professional baseball, football, hockey and basketball projects.

. . . Sen. Byron L. Dorgan (D-N.D.) has characterized the use of tax-exempt bonds for sports venues as an entitlement program for the very rich, and he has pushed, unsuccessfully, to prohibit the practice. "In our view, this is a very expensive public housing program for millionaires -- a subsidy for the millionaires who own these teams and the millionaire athletes who play on them," said Barry Piatt, Dorgan's communications director. "When we have a towering and growing deficit and claim that we can't afford to strengthen health care for seniors or adequately fund education for kids, does this make any sense?"

Another benefit to Mammon of subsidizing stadiums, apart from making the rich richer and the poor poorer, is that it diverts attention from things like worker's living wages and security to things that don't matter, like sports.

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Mammon's kind concern for the Chinese

In US prods China to boost its currency for fairer trade, David R. Francis writes that US business is having a hard time matching the output of the Chinese controlled economy, and therefore it is calling for our government to intervene in the Chinese economy. The idea is that the Chinese government essentially subsidizes the purchase of Chinese goods by selling Chinese currency (yuan) at below its true market value, even though this strategy would increase the price for imports. Excerpt:

The [National Association of Manufacturers] is one of more than 80 trade groups urging Congress and the Bush administration to press China to revalue its currency so its goods are less competitive in the United States. . . . China's rapid economic growth - a fabulous 8 or 9 percent per year in real terms - has hung to a large degree on its roaring exports. . . . China's export growth has brought howls of protest from the US business community. "In the last 18 months, we have really begun to hear from our members," says Frank Vargo, a NAM economist. . . . Mr. Vargo argues that China would be better off letting the yuan increase in value. Though this would reduce the growth in exports, it also would make imports cheaper and trim the additions to reserves. China's living standards would rise. Extra resources could be invested in China's infrastructure or other domestic needs.

The arguments raised for changing Chinese policy are not based on the effect that it is having on American business (of course, American business is above appealing to self-interest), but on the kind concern that American business has for the Chinese people: the Chinese policy is "unsustainable" (sort of like our tax policy) because it calls on China to buy large quantities of dollars (apparently to buy US or other foreign imports). Strangely, US business has overlooked that Chinese policy in subsidizing business exports should create jobs, like our tax policy is supposed to do. And it would expand economic growth, which should pay for all kinds of subsidies without raising taxes, like our tax policy is supposed to do. (Actually, I don't know the details of how economic wealth generated by Chinese workers benefits the state, but the idea should be the same.) Do we not also subsidize agriculture, supercomputers, applications with military potential, and other business? And maybe, just maybe, it is in China's overall interest to run a trade surplus.

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Still waiting for the trickle down

In Study: 1 in 5 Laid Off During Recession, Linda A. Johnson writes about a new, unsurprising, study of the state of workers in our anti-worker business environment, in which about 1 in 5 were laid off since 2000. Excerpts:

Two-thirds of workers laid off in the last three years received no severance package or other compensation from their employer, according to the survey titled "The Disposable Worker: Living in a Job-Loss Economy." . . . And of those who lost their jobs, only 49 percent of the ones who had earned $40,000 or more annually said they received unemployment insurance. For those who made under $40,000 a year, the number with unemployment insurance shrinks to 35 percent. . . . Barely one-fourth of those surveyed said their employer extended their health benefits after they were laid off, and less than one-fifth said they received help finding a job, career counseling or skills training.

Despite the National Bureau of Economic Research's July 17 proclamation that the recession ended in November 2001 - because gross domestic product began rising then - Van Horn says he and plenty of other economists disagree. "There are still a lot of people unemployed," he said. "If you're a typical person and not an economist, you don't really care about the GDP." Businesses continue to announce thousands of layoffs. The national unemployment rate hit a nine-year high of 6.4 percent in June, and many economists think it could hit 6.6 percent before starting to decline, which probably won't be until at least the end of this year.

In addition, workers are remaining unemployed longer than in previous recessions, write Van Horn and the study's co-author, Kenneth Dautrich, director of Connecticut's Center for Survey Research and Analysis.

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Mammon says what it must, part VII: Cheney's Speech

In Cheney Says Failing to Attack Iraq Would Have Been 'Irresponsible', Mike Allen writes about the VP's latest speech that claims that it would have been "irresponsible in the extreme" (a sound bite repeated three times, so that we know what we are supposed to believe) for us not to have conquered Iraq. Excerpt:

The vice president's office was a major force in putting Iraq at the top of the administration's agenda. . . . Cheney laid out a detailed rationale for the war Bush launched on March 20, quoting at length from declassified sections of a National Intelligence Estimate (NIE) on Iraq issued in October. . . . Cheney quoted some of the declassified passages, saying that Iraq was "continuing, and in some areas expanding, its chemical, biological, nuclear and missile programs," and that Iraq "could make a nuclear weapon in months to a year once it acquires sufficient weapons-grade fissile material." Although Cheney quoted the report as saying that Iraq, if left unchecked, "probably will have a nuclear weapon during this decade," he did not read the next sentence, which referred to a dissent from State Department intelligence experts. They agreed in part but called the available evidence "inadequate." Cheney cited a passage that said all key aspects of Iraq's offensive biological weapons program "are active and that most elements are larger and more advanced than they were before the Gulf War." He omitted a qualifier at the start of the passage in which intelligence analysts said they "judge" that to be the case.

As such, the speech continued to fail to achieve its objective, which is not to show that the prior Iraqi leadership was evil (it was), but that the current American leadership can be trusted to give the American people the whole story (it can't).

Friday, July 25, 2003

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A small victory against big Mammon

In House Approves Bill Easing Imports of Less Expensive Drugs, Sheryl Gay Stolberg writes about the vote in the House in favor of allowing the importation of inexpensive prescription medicines from other countries. Amazingly, to the Representatives as well as everyone else, a large majority voted for this change of policy, since it would cost drug makers tons of money. Still, there is no guarantee that this pro-human policy will make it through negotiations with the Senate. Excerpts:

The Republican leadership of the House worked vigorously against the bill, as did the drug manufacturers--who stand to lose millions if it becomes law--and the Food and Drug Administration, whose officials argued the measure would jeopardize safety. The vote did not fall along party lines; rather, the debate turned on whether lawmakers were willing to accept the drug makers' argument that the measure would harm patients and defy free trade by allow the importation of not only drugs, but price controls. . . . "The issue is not safety, my friends," said Representative Rosa DeLauro, Democrat of Connecticut. "The issue is price. It is time that this Congress stop acting as a wholly-owned subsidiary of the pharmaceutical companies and step up to its responsibility to the consumers of this nation."

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Mammon encourages doctors to defraud the public

In Abbott to Plead Guilty, Pay $600M Fine, AP reports:

Abbott Laboratories agreed to pay more than $600 million in fines to settle a lawsuit alleging it encouraged health care providers to overbill Medicare and Medicaid, according to a published report. The North Chicago-based company will also plead guilty to a criminal charge of obstructing a government investigation, the Chicago Tribune reported Wednesday. The charge stemmed from an investigation in which undercover federal agents, posing as buyers of medical devices, videotaped Abbott salespeople urging them to overcharge for the equipment, the Tribune reported.

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Mammon Manipulates Business Financial Statements

In Report Says Freddie Mac Misled Investors, Alex Berenson writes:

Freddie Mac, the big mortgage financier, has used a grab bag of accounting techniques to mislead investors about its results since 2000. . . . Freddie Mac, which for most of the last few years has faced the uncommon problem of having profits that substantially exceeded forecasts, did not want to deviate too much from those expectations, the report said. So it used techniques to make its main business of insuring and buying mortgages seem less profitable and to create a reserve of earnings for later years. The 107-page report, prepared by outside investigators for Freddie Mac's board, underscores the complexity of the accounting used by Freddie Mac to present its results. It also underlines how easily financial companies like Freddie Mac can manipulate their reports to investors. . . . The report also offers more evidence of what regulators and many investors say is a culture of earnings management in corporate America. Like many other big publicly traded companies, Freddie Mac put a premium on meeting analysts' forecasts of its profits and providing consistent growth in reported earnings.

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More on the costs of war

In War Effort Impedes Security at Home, Chicago Alderman Joe Moore writes:

The Bush administration initially promised $3.5 billion in new funding for cities and towns to support upgraded security measures, . . . [y]et in the wake of preparations for the Iraqi invasion, only $1 billion was appropriated this fiscal year. . . . The President's proposed 2004 budget continues this trend. While Bechtel is on track to control as much as $100 billion in spending to reconstruct Iraq, the President has proposed cutting $2 billion from crime prevention and public safety programs, such as the COPS, Local Law Enforcement Grant, and Byrne Grant programs. . . . According to the National Priorities Project, the Iraq War cost the taxpayers of the city of Chicago close to $800 million. Yet my city has received only $3 million in federal grant funding for various security initiatives. Over $10.1 million in homeland security needs remain unmet in Chicago. . . . According to statistics compiled by the World Policy Institute, the cost of fighting 15 minutes of war in Iraq would have paid for all $10.1 million of Chicago's homeland security needs. And the cost of six days of war in Iraq would have financed the estimated $6 billion in homeland security costs for every city, town, and village in America. In addition to draining the resources we need to protect our citizens, the war is also depriving us of some of the people we have hired to do the job.

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Too many doctors in Miami?

In Why's healthcare so costly? You'll be surprised, Mimi Whitefield mentions a Miami Herald article that sought the reasons why Miami medical costs are so high. Excerpt:

Locally, one factor that seems to play into our high healthcare costs is an oversupply of physicians, specialists and hospital beds. Now, at first glance, that may not make sense. In economics, an oversupply of a good or service tends to drive down prices. But apparently the more doctors there are, the more patients will visit them -- driving up costs. Plus, physicians in Miami are likelier to refer their patients to specialists. And the more doctors a patient sees, the higher the costs.

This is interesting for several reasons. Doctors in Miami are commonly cited as having exorbitantly high malpractice premiums, and high premiums are commonly said to cause doctors to leave practice. Leaving aside "tort reform" as a good solution, the attacks on civil justice seem to break down factually on this point.

Further, the classical and normative economics implications are interesting. If true, it is another example of the failure of classical economic theory to correspond to the real world. More important are the normative issues. Seeing more specialists and having more doctor visits, at least over a certain level, seems to be considered overutilization and therefore bad. But in what sense is it bad? Is it because people don't actually need those services? If so, what is the best way to manage or limit the services to those actually needed?

Or is it simply because of cost, so that a certain quantity of people shouldn't get the medical services they need simply in order to keep all other people's costs down? Is that a moral reason for declining services, especially in view of the health-related issues in the Gospel? And who is going to decide who has to skip needed services, Mammon?

Tuesday, July 22, 2003

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The laborer deserves his wages

In As volunteer programs face cuts, a new debate, Amanda Paulson writes about the debate over the Americorps program, which pays mostly young adults to perform act of public service. Volunteers receive an education award of $4,725 and an annual allowance of about $9,300, which makes it possible for the non-wealthy to participate. One problem with the program is a funding issue, but some conservatives are simply against the premise. E.g.:

"Over 90 million Americans volunteer every year with no prodding from Uncle Sam," says James Bovard, author of "Feeling Your Pain: The Explosion and Abuse of Government Power in the Clinton-Gore Years." "Politicians like pork barrels, but that doesn't mean [AmeriCorps] is good policy." . . . Dick Armey, former House majority leader, called it "well-paid social activism" in a recent USA Today op-ed piece. It's a program, he wrote, "rooted in the un-American idea that the people of this country have to be enticed into community service with monetary incentive."

If this were true, then no president, legislator, or official of government should receive a penny of pay or reimbursement of expenses. Instead, they should simply volunteer out of patriotism, acting for the good of the country. Likewise, our soldiers, police, and every other public servant. Moreover, if the idea is un-American that people should be enticed into public service with money, it would seem that it would be un-American for corporations to expect to be paid for their public service. But see, e.g., 1 Timothy 5:18.

Monday, July 21, 2003

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Deceptively shallow drug benefits

In Subsidies to Poor Pose a Hurdle to Compromise on Medicare Bill, Robert Pear writes about the problems with both House and Senate versions of the prescription drug benefit under Medicare. The House version contains a big gap in coverage, so that people at the poverty level ($8,980) would have to spend 39% of their annual income ($3,500) on drugs in order to be entitled to drug benefits over $2,000. It also has higher premiums, so that poor would have to pay $1,100 in order to get $3,000 in drugs. The Senate version excludes from coverage those elderly who also qualify for drug benefits under Medicaid, which would be an efficient answer except that medicaid is administered by the states, which are in budgetary crisis, in large part because of the federal government's policies of tax cuts and shifting spending responsibilities to the states, and which may well cut the benefits in the future to balance budgets without raising taxes. Even so, there is some influential grousing:

Another Republican, Don Nickles of Oklahoma, chairman of the Senate Budget Committee, said, "The subsidies are so generous that drug utilization will soar, and costs could explode."

Why will drug utilization soar? If the drug utilization would be needless, what is the evidence that doctors will prescribe needless medications, or get away with it? And, on the other hand, if the people actually need higher drug utilization, what is the problem to decent human beings? (Social Darwinists, who think that the infirm should simply die off and decrease the surplus population, excluded.)

Saturday, July 19, 2003

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Mammon says what it must, part VI: The Whole State of the Union

In Why A Special Prosecutor's Investigation Is Needed To Sort Out the Niger Uranium And Related WMDs Mess, John W. Dean, former counsel to Republican President Nixon, writes a follow-up to item 113 about Bush's lies in the state of the union speech. His own summary:

What I found, in critically examining Bush's evidence, is not pretty. The African uranium matter is merely indicative of larger problems, and troubling questions of potential and widespread criminality when taking the nation to war. It appears that not only the Niger uranium hoax, but most everything else that Bush said about Saddam Hussein's weapons was false, fabricated, exaggerated, or phony. Bush repeatedly, in his State of the Union, presented beliefs, estimates, and educated guesses as established fact. Genuine facts are truths that can be known or are observable, and the distance between fact and belief is uncertainty, which can be infinite. Authentic facts are not based on hopes or wishes or even probabilities. Now it is little wonder that none of these purported WMDs has been discovered in Iraq. So egregious and serious are Bush's misrepresentations that they appear to be a deliberate effort to mislead Congress and the public. So arrogant and secretive is the Bush White House that only a special prosecutor can effectively answer and address these troubling matters. Since the Independent Counsel statute has expired, the burden is on President Bush to appoint a special prosecutor - and if he fails to do so, he should be held accountable by Congress and the public.

Dean then looks at the eight separate "facts" used by Bush in the state of the union speech to justify war and compares them with those many sources of the "facts" that have been made public, and he provides links to the online sources. His conclusions:

[#1, about the UN's "conclusion" that Iraq has materials for 25K liters of anthrax:] It short, in the State of the Union, the president transformed UNSCOM estimates, guesses, and approximations into a declaration of an exact amounts, which is a deception. He did the same with his statement about Botulinum toxin.

[#2, same, about 38K liters of botulinum toxin] His own State Department more accurately referred to the same information as "belief," not fact: "Iraq declared 19,000 liters (of Botulinum toxin) [but the] UN believes it could have produced more than double that amount." (Emphasis added.)

[#3, US sources that Iraq had materials for 500 tons of sarin] Bush, his speechwriters, and his advisers left all these caveats [qualifications such as "probably" and conclusions based on "gaps" in the record] out. How could they have? Did they not think anyone would notice the deceptions?

[#4, same, that Iraq had 30K munitions for delivering chemical agents] Yet none of its declassified documents support Bush's contention in the State of the Union that 30,000 munitions capable of delivering chemical weapons remain unaccounted for. Where did Bush's number come from? Was it real - or invented?

[#5, from Iraqi defectors, there were several mobile biological weapons labs] As with his other State of the Union statements, the President presented belief as fact, and projected a certainty that seems to have been entirely unjustified - a certainty on the basis of which many Americans, trusting their President, supported the war.

[#6, from the International Atomic Energy Agency, that Iraq had an advanced nuclear weapons development program] It is deceptive to report Iraq's 1990's effort at a nuclear program without also reporting that - according to a highly reliable source, the IAEA - that attempt had come to nothing as of 1998. It is even more deceptive to leave this information out and then to go on - as Bush did - to suggest that Iraq's purportedly successful nuclear program was now searching for uranium, implying it was operational when it was not. In making this claim, Bush included his now discredited sixteen word claim.

[#7, from the British, that Iraq was seeking uranium from Africa] Either Bush's senior advisers were aware of this hoax, or there was a frightening breakdown at the National Security Council - which is designed to avoid such breakdowns. Neither should be the case. In fact, it is unconscionable, under the circumstances, that the uranium fabrication was included in the State of the Union. And equally weak, if not also fake, was Bush's final point about Saddam's unconventional weapons.

[#8, from US sources, that Iraq was seeking aluminum tubes suitable for nuclear weapons] In short, Bush claimed the tubes were "suitable for nuclear weapons production" when only a week earlier, the IAEA - which had reason to know - plainly said that they were not. Today, of course, with no nuclear facilities found, it is clear that the evidence that the IAEA provided was correct.

Dean then addresses a precedent:

. . . Bush is not the first president to make false statements to Congress when taking the nation to war. President Polk lied the nation into war with Mexico so he could acquire California as part of his Manifest Destiny. It was young Illinois Congressman Abraham Lincoln who called for a Congressional investigation of Polk's warmongering.

Dean also points out that now, unlike Polk's day, it is a crime to give false information to Congress, citing 18 USC Section 1001. He calls on Bush to appoint a special prosecutor to look into the matter.

Friday, July 18, 2003

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Recession over, where are the jobs you promised?

In Recession Is Over; Jobs Aren't Trickling Down, Daniel Altman writes:

The recession that began in March 2001 ended eight months later, the National Bureau of Economic Research, an independent group that tracks the business cycle, concluded in a report released yesterday.

. . . "Most households, most individuals, will really not believe that it is a recovery until we see that job growth as part of the picture," said Lynn Reaser, chief economist at Banc of America Capital Management. But she added, "The official declaration of the end should help confidence on the part of businesses, investors and consumers." . . . In its report, the committee cited the real gross domestic product — the value of all goods and services in the economy, adjusted for changes in prices — as the primary indicator of a recovery. Jobs have not followed growth, the committee wrote, because of increases in workers' productivity. In fact, Ms. Reaser said, the unemployment rate is unlikely to fall until the economy expands at an annual rate of 3.5 percent or 4 percent, the sort of pace attained in only two quarters since the recovery supposedly began.

If this summary is right, the first money in an economic upswing goes to business, and it only goes to the workers (given that wages have stagnated - see item 2) when business needs to expand. This follows items 181 and 21. Bush's propaganda for his 1.5T and 350B tax cuts was that they would create jobs (see, e.g., items 27 and 19). He was untrustworthy about that, too. The rich get richer, and the poor get poorer, by Bush's design.

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Bush shields himself from opposing voices

In White House E-Mail System Becomes Less User-Friendly, John Markoff writes:

In the past, to tell President Bush — or at least those assigned to read his mail — what was on your mind it was necessary only to sit down at a personal computer connected to the Internet and dash off a note to president@whitehouse.gov. . . . Under a system deployed on the White House Web site for the first time last week, those who want to send a message to President Bush must now navigate as many as nine Web pages and fill out a detailed form that starts by asking whether the message sender supports White House policy or differs with it.

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Mammon says what it must, part V

In Bush at His Side, Blair Is Resolute in War's Defense, Richard W. Stevenson writes:

Prime Minister Tony Blair of Britain stood shoulder to shoulder with President Bush today in defending the war to depose Saddam Hussein, saying the conflict was justified even if allied forces find no banned weapons in Iraq. . . . On a day when the White House came under increasing political pressure from Democrats to explain more fully how the passage about Iraq's attempts to buy uranium got into the State of the Union address, Mr. Blair's presence here helped the administration's effort to shift attention to the broader question of whether the world is better off with Mr. Hussein gone.

This misses the point. Is the world better off when its military giants can whip its people into supporting an offensive war against a nation that poses no discernible threat based on false information? The benefits of removing the Iraqi dictator must not make us simply ignore the moral cost of the irresponsible use of deadly power.

. . . Despite Mr. Blair's suggestion, in a speech to a joint meeting of Congress, that the war in Iraq would have been worth fighting even if no chemical, biological or nuclear weapons are found, Mr. Bush later insisted at a news conference with the British leader that they would be found. The president said that would "end all this speculation" about "whether or not the actions were based on valid information."

Is this a matter of faith? Or is is rather a command to "find" such weapons? (Which could probably be found if we invaded any number of domestic military installations.)

. . . With Mr. Blair at his side during the news conference, Mr. Bush turned a question about whether he took personal responsibility for including the disputed information in the State of the Union address into an opportunity to applaud his own performance as commander in chief. "I take responsibility for making the decision, the tough decision to put together a coalition to remove Saddam Hussein, because the intelligence — not only our intelligence but the intelligence of this great country," Mr. Bush said, referring to Mr. Blair's Britain, "made a clear and compelling case that Saddam Hussein was a threat to security and peace."

Nobody doubts your responsibility for starting the war, George. The question is when. Did you start it before the stateof the union speech?

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Death by SUV elevates traffic deaths to 12-year high

In NHTSA’s 2002 Highway Fatality Statistics Confirm Pressing Need for Safety Improvements Contained in Senate Legislation, Joan Claybrook writes in support of legislation proposed by the Senate Commerce Committee that would address the hazards of SUVs. This excerpt is about the hazards:

The National Highway Traffic Safety Administration's release today of its final count of the number of traffic fatalities for 2002 offers grim evidence that we have a serious safety problem that needs immediate attention. The number of deaths reached the highest level in 12 years. The fact that rollover crashes were responsible for 82 percent of the increase should be a wake-up call to the automobile industry and Congress. Automakers can and should protect motorists from death and serious injuries in rollover crashes.

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Mammon under Oath II: No evidence of tort system out of control

In Compromise key now for malpractice reform, Jim Ash writes:

Even as the negotiations were going on Tuesday, the Senate Judiciary Committee continued to take sworn testimony from interest groups, and the committee's members didn't appear convinced of the severity of the situation that has led to the push for lawsuit reform. Under withering questioning by the committee Monday, a key insurance executive and the head of the state's largest medical association acknowledged that there is no hard evidence of a recent explosion in medical malpractice claims or outrageous jury awards.

. . . Large [the head of a task force appointed by Gov. Bush to justify tort reform] said the task force, which proposed the $250,000 cap, relied on the most definitive study available of the lawsuit problem. However, he acknowledged that the study was sponsored by the Florida Hospital Association, which in turn used its own estimates after it found that records from the state Department of Insurance were incomplete.

The judiciary committee also heard testimony from a former case analyst with St. Paul Insurance Companies, one of the largest medical malpractice insurers in the nation but one which no longer writes policies in Florida. Cindy Harris, who now works for a law firm in Orlando, told the committee if legislators change the "bad faith" laws, it would eliminate the incentive for insurance companies to settle promptly.

. . . "I think what we find in the Senate judiciary hearings is that when we ask people under oath, we are getting a different story," said Senate Democratic Leader Ron Klein of Boca Raton. "We're getting a different story than we did in the last six months, and it's frustrating."

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The effects of tort reform on women

In Tort reform could hurt women, Christine Vidal writes:

Tort reform legislation that would cap the non-economic damages that can be recovered in a health-care liability suit would have a significant adverse impact on women and the elderly, according to research conducted by a UB law professor. "The proponents of damages caps have given little or no thought to what their effects might be on the ability of injured individuals to find lawyers and gain access to the civil justice system, or on whether certain groups of people will be more or less adversely affected," said Lucinda Finley, Frank G. Raichle Professor of Trial and Appellate Advocacy at UB and an nationally recognized expert on tort reform who has testified several times before Congress on the women's health aspects of product liability reform legislation.

. . . Finley studied how juries from several states allocate their damage awards between economic loss damages and non-economic loss damages, and then compared cases by gender. . . . "While overall, men tend to recover greater total damages, juries consistently award women more in non-economic loss damages than men, and the non-economic portion of women's total damage award is significantly greater than the percentage of men's tort recoveries attributable to non-economic damages," she said. "Any cap on non-economic loss damages will deprive women of a much greater proportion and amount of what a jury awarded than men. Non-economic loss damage caps amount to a form of discrimination against women, and contribute to unequal access to justice and fair compensation for women."

. . . Several types of injuries are disproportionately suffered by women, such as sexual assault; reproductive harm, including pregnancy loss or infertility, and gynecological medical malpractice. The resulting emotional distress and grief, altered sense of self and social adjustment, impaired relationships or impaired physical capacities such as reproduction are not involved directly in market-based wage-earning activity. "Many of these more precious, indeed priceless, aspects of human life are virtually worthless in the market," she said, "and these are compensated through non-economic damages. For example, in cases where women are sexually assaulted, including by health-care providers, more than 90 percent of the average tort award was for non-economic loss. A cap would amount to a ceiling."

. . . Caps on non-economic damages also would make it more difficult for victims to find legal representation for certain types of cases, Finley's research showed. Lawyers are less willing to bring suits acknowledged to be meritorious unless they cross a certain threshold of economic loss damages, she said, no matter how devastating the injury and how compelling the proof of negligence or medical error. For example, Finley said, in California, which has capped non-economic loss damages in medical malpractice since 1976, parents whose babies or children die as a result of obstetrical or medical malpractice have difficulty finding lawyers willing to take their cases since the majority of the compensation will be in non-economic loss damages. . . . "This will lead lawyers to be unwilling to pursue such claims, leaving injured people uncompensated and the underlying harmful conduct undeterred," Finley said.

Thursday, July 17, 2003

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Justice for sale

In GOP Attorneys General Asked For Corporate Contributions, R. Jeffrey Smith and Tania Branigan write:

Republican state attorneys general in at least six states telephoned corporations or trade groups subject to lawsuits or regulations by their state governments to solicit hundreds of thousands of dollars in political contributions, according to internal fundraising documents obtained by The Washington Post. One of the documents mentions potential state actions against health maintenance organizations and suggests the attorneys general should "start targeting the HMO's" for fundraising. It also cites a news article about consolidation and regulation of insurance firms and states that "this would be a natural area for us to focus on raising money." The attorneys general were all members of the Washington-based Republican Attorneys General Association (RAGA). The companies they solicited included some of the nation's largest tobacco, pharmaceutical, computer, energy, banking, liquor, insurance and media concerns, many of which have been targeted in product liability lawsuits or regulations by state governments. The documents describe direct calls the attorneys general made, for example, to representatives of Pfizer Inc., MasterCard Inc., Eli Lilly and Co., Anheuser-Busch Cos., Citigroup Inc., Amway Corp., U.S. Steel Corp., Nextel Communications Inc., General Motors Corp., Microsoft Corp. and Shell Oil Co., among other companies. They also make clear that RAGA assigned attorneys general to make calls to companies with business and legal interests in their own states.

One of those soliciting funds between 1999 and 2001, according to the documents, was Alabama Attorney General William Pryor Jr., a pending nominee by President Bush to the U.S. Court of Appeals for the 11th Circuit. Sources said that a former RAGA employee recently turned some of the fundraising documents over to the Senate Judiciary Committee, which could vote as early as today on his nomination. A source who asked not to be named provided the documents to The Post. . . . RAGA was founded by Pryor and the Republican National Committee with the explicit aim of soliciting funds from the firearms, tobacco and paint industries and other industries facing state lawsuits over cancer deaths, lead poisoning, gunshots and consumer complaints, according to statements by Pryor and other officials. Pryor, who did not return a phone call to his Alabama office seeking comment yesterday, has told reporters that he does "not want corporations to be punished" by trial lawyers and favors a "market-oriented" approach to state law enforcement. He has also said that contributions do not influence legal decisions by RAGA members.

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The fine print in Bush's African overtures

In New lords of Africa, Saskia Sassen writes about the disturbing side of Bush's Africa policy overtures (see also item 188). Excerpts:

At the top of the list for horsetrading in Africa are oil and military bases or, at the least, troop stations. In return, Bush is offering aid for Aids victims and enhanced access to US markets. This is horsetrading at its best. The fine print on the offer of US market access has some notable features: the benefits for African producers are actually neutralised by the distortions resulting from US government subsidies to its farmers; these subsidies are larger than many African economies, and they are three times as large as total US aid to Africa as a whole.

US investment in oil production is being presented as a tool for development. This is not the first time this has happened, so we have some evidence on the matter. Again, the fine print does not look as good as the headlines. Oil has been a devastating fact for development in Africa: it has concentrated wealth and produced disincentives for any other type of development. Nor has it helped democracy, since entrenched elites lose much more than office if they lose control over the government. The economic shadow effect of oil is largely negative, and it all winds up creating more poverty. Oil-rich Nigeria and its 100m poor are exhibit number one.

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Tax cuts more important than 8,000,000 lives

In 400 Americans could save 8 million lives annually, Jeffrey D. Sachs (c/o Sojourners) writes this follow-up to item 167:

*The top 400 income earners in the U.S. had an average income of $174 million each, or a combined income of $69 billion in the year 2000.

*That $69 billion is more than the combined incomes of the 166 million people living in the four countries that George Bush visited last week: Nigeria, Senegal, Uganda, and Botswana.

*In 1995, the top 400 income earners paid almost 30 percent of their income in taxes.

*After the Bush tax cuts and other factors, the proportion will be less than 18 percent.

*Based on their income in the year 2000, that tax savings translates to nearly $7 billion.

*A World Health Organization commission determined that if rich countries contributed a total of $25 billion, the increased investments in disease prevention and treatment could save 8 million people from death each year in poor countries around the globe.

*The U.S. share would be $8 billion, given the size of its economy in relation to other donors.

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Two of a kind

In Fearful Symmetry: Washington and Pyongyang, John Feffer writes at length about a certain disturbing similarity. The report begins thus, and makes the same point throughout:

The streets of the capital are broad and the buildings monumental. Inside the grand state offices, a power struggle rages among the political elite, and the side that seems to have the upper hand is insulated, single-minded, and shamelessly belligerent. This clique supports a military-first policy that doesn't shrink from the first use of nuclear weapons, a stance that strikes fear into allies and adversaries alike. Nor are these fears soothed by the actions or rhetoric of the leader, a former playboy who owes his position to an irregular political process and the legacy of a more statesmanlike father.

Choose your capital: Pyongyang or Washington?

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It's expensive to be uninsured and sick

In Seniors, uninsured pay more for drugs, John Dorschner writes:

Uninsured persons and many seniors in Florida pay 66 percent more on average for prescription drugs than the federal government pays, according to a survey released Tuesday. A nonprofit consumer group, the National Association of State Public Interest Research Groups, polled 500 pharmacies in 18 states, including Florida, and checked the prices of 10 drugs frequently used by seniors. Those prices were then compared the Federal Supply List, which contains the prices, after mandated discounts, for those who wish to sell drugs to the 200-plus Veteran Administration hospitals, plus federal clinics on Indian reservations and elsewhere.

. . . Sager, the Boston professor, said in a telephone interview that Americans pay the highest drug prices in the world because most other industrialized countries have price controls on pharmaceuticals. Other surveys have shown that in hospitals, the uninsured are frequently the only ones who pay the full rate, because Medicare and private insurers negotiate managed-care discounts. ''Controlling drug prices is a totally realistic target,'' said Sager. ``Of course, [the pharmaceutical companies] are saying they're going to be hurt in research. They don't mention the 30 percent they waste on marketing.''