watch-trumps-tax-evasion

The Questions That Should Be Being Asked About Trump’s Tax Returns

watch-trumps-tax-evasion[Editor’s Note – this is a guest post by a friend of ours here at the Emptywheel Blog, Bob Lord. Bob is a longtime tax attorney with some very salient thoughts on Trump’s taxes, and lack of production thereof]

By Robert J. Lord

A lot has been said about Trump’s refusal to make his tax returns public. But despite the volume of commentary, it’s not clear the right questions even are being asked.

Trump claims he can’t release his returns because he’s under audit. At some level, that’s a legitimate concern. It would hardly be fair if thousands of tax professionals who oppose Trump politically helped the IRS by publishing their own analyses of the returns. Ultimately, however, it’s a phony excuse.

But rather than challenge the logic behind Trump’s refusal to release returns, a series of questions should be asked:

First, what tax years are under audit? Does it go back beyond 2012? If not, can the 2011 return be released? After all, the statute of limitations on the audit of that year has passed, so there’s no exposure to Trump by releasing that return. If not 2011, how about 2010?

Second, why haven’t the audit notices been released? An audit notice is a short, generic letter from the IRS stating that a taxpayer’s return has been selected for examination. There’s nothing so sensitive in such a generic notice that it could not be made public. At this point, Trump has not even offered up this most basic evidence that he is really even under audit. Why hasn’t proof been demanded?

Third, for the tax returns that are under audit, why can’t the first two pages be released? After all, those first two pages simultaneously contain the information most relevant to the public about a presidential candidate and contain no information that reveals the issues under audit. Although an audit ultimately impacts the numbers that appear on the first two pages of the return, it’s the schedules and other information that the IRS analyzes in an audit. For example, the first page of Trump’s return states the income or loss he received from partnerships and real estate investments, but it’s a schedule attached to the return, and the returns of the partnerships in which Trump is a partner, that contain the information the IRS would scrutinize in an audit.

Fourth, if for whatever reason the first two pages of the returns can’t be released, could Trump at least release five numbers from each of his returns: his gross income, his adjusted gross income, his taxable income, his self-employment tax liability, and his income tax liability? If not, then why not?

Fifth, is the sensitivity of Trump’s IRS audit the only reason behind his refusal to release the returns? Is Trump also under audit by any other tax agency, such as New York State’s Department of Revenue?

These questions would force Trump to take one of two approaches: Either continue to evade or allow the exposure of an uncomfortable (and intuitively obvious) reality – that the sensitivity of his audit is not the real reason for his refusal to release his returns. In all likelihood, he’d take the first approach, probably claiming that his tax advisors have told him not to release any information publicly. But, again, that cannot explain his refusal to release returns up to 2011, for which the statute of limitations have all expired.

What is the real reason Trump does not want to release the returns, even the first two pages? It could be that there’s some embarrassing piece of information in there somewhere and Trump learned from Romney’s refusal to go beyond a limited release of his returns that eventually people forget about a candidate’s refusal to come clean. More likely, however, the problem he’s facing is his own lack of credibility. The tax return of a real estate magnate like Trump paints a very distorted picture. Income will vary wildly from one year to the next. Important items might be buried in the return of a partnership or corporation that can’t be released because of minority partners or shareholders. Taxpayers in Trump’s position tend to bunch their charitable contributions, making them in the years they provide the most tax benefit. Unfortunately for Trump, that practice could make him appear incredibly tight-fisted if his returns over too short a period are seen in isolation.

And that’s where Trump could be trapped by his own lack of credibility. It may well be that there’s a perfectly reasonable explanation for whatever Trump would prefer not to be out there for public comment. Trump’s problem is that if the explanation comes from him, nobody will believe it. And he knows it.

At a minimum, however, the above critical questions must be asked. Even if Trump has to explain a few items on his returns, that is no greater fear or burden than every other previous Presidential candidate has faced. Certainly Trump may have varied financial interests, including charitable trusts. But so have other candidates before, including Hillary Clinton this election, and all have engaged in public transparency but for Trump.

Hopefully the press, including the debate moderators, will force Mr. Trump to answer these basic questions.

Robert J. Lord, a tax lawyer and former Congressional candidate, is an associate fellow at the Institute for Policy Studies. Bob previously served as an adjunct faculty member at the Arizona State University School of Law. Bob’s work focuses on the relationship of tax law to inequality. He contributes to both the Inequality.org website and to OtherWords, the Institute’s national syndicated editorial service. Bob also is a staff member at Blog For Arizona, the leading political blog in Arizona.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

The [Emails Sent to] Clinton Story May End Up Being about Loyalty

I was surprised that this story voicing concerns that Clinton backers fear “old weaknesses stalk” her campaign (stalk!) didn’t mention one of the weaknesses from 2008 that bothered me the most: loyalty.

Don’t get me wrong. Loyalty is a good thing.

Except when loyalty to long-term friends drives your hiring decisions.

To me, Hillary’s failure in 2008 is best exemplified by her refusal to fire Mark Penn, even though he divided the campaign staff and made a lot of the decisions that let Obama beat her.

More recently, Hillary retained Sidney Blumenthal as an advisor even after the White House nixed him having an official role at State — a decision that lies behind some of the more controversial emails revealed as part of the email scandal.

Yet the WaPo article on potential Hillary stumbles doesn’t mention loyalty, not even in its discussion of the email scandal.

The e-mail issue has dampened Clinton’s support in New Hampshire, which holds the nation’s first primary, on Feb. 9. Sanders rose to a statistical tie there in the latest statewide poll, to the shock of some longtime Clinton backers. She is on safer ground in Iowa, which will hold the nation’s first presidential selection vote in the Feb. 1 caucuses.

Democrats in Washington fret that the e-mail liability is something Clinton brought on herself and has managed from a defensive crouch. The decision to operate a separate e-mail system parallel to the regular State Department system has resulted in an investigation that is now out of the control of Clinton and her campaign advisers.

Political strategists who have been through past such episodes note that an investigation like this can go in unexpected and damaging directions.

“I don’t think there’s a big smoking gun,” one Democrat said. “But it’s hard to explain why you had a private server, why you just now turned it over. . . .Shouldn’t you have had better judgment?”

As I have noted, everything we know about the email scandal confirms that any legal problems stem not from Hillary sitting down and transcribing the contents of a satellite-derived intelligence report into an unencrypted email, but from a staffer taking material he or she knew to be classified and including it in an email to Hillary. It’s not even clear that happened — the CIA has a nasty habit of claiming widely known facts are Top Secret, but that is the legal issue we’re discussing (go here to review my critique of Hillary’s over actions).

Both because they hate her, because she worked under a special status at State, and because there seems to be real reason to think she had a role in emails of question, the focus has now turned to Huma Abedin, currently Vice Chairwoman for Hillary’s campaign. This report on Abedin’s possible involvement emphasizes how closer Hillary and Abedin are.

Abedin, who’s been with Clinton for about two decades, started working for Clinton as a 19-year-old intern in the former first lady’s office.

At State and during the 2008 campaign she was considered Clinton’s “body woman,” never far from Clinton’s side and often seen watching her boss intently, ready to scramble to her aid at any minute. Top politicians, and even Bill Clinton, would phone her to reach Hillary, and emails released in recent months showed she enjoyed access to Clinton at her private home, too, dropping items off on her counter and instructing her how to dress and keeping her schedule.

In 2013, news broke that Abedin had been given a special government employee status, allowing her to be simultaneously on the payroll for the philanthropic Clinton Foundation and Teneo, a consulting firm founded by former Clinton White House adviser Doug Band. She previously had not disclosed the dual employment.

Abedin has said she stepped back from government work and became a contractor so she could be with her family and her newborn son. But since then, critics have questioned her about whether she had a conflict of interest while working at State and alongside close friends of the Clinton family.

There are a few other staffers whose names have been floated as potentially sending the emails with information deemed classified.

But if Abedin is among them, it poses the quintessential problem for Hillary: the possibility that dealing with this email problem would at the same time require distancing herself from a cherished associate. If someone like Abedin were involved in sending classified information, would Hillary do what she refused to do in 2008?

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Pakistan’s Next Government Beginning to Take Shape

Most of the results from Saturday’s historic election in Pakistan are in. The biggest surprise is that Imran Khan’s PTI party, which had been viewed as a possible upset winner, fell to third place behind the outgoing PPP. Nawaz Sharif and his PML-N party came very close to achieving a majority in the National Assembly, but since a majority was not achieved, Sharif is now in the process of forging the alliances that will be needed for him to form a government for which he will once again become Prime Minister. Here are the latest numbers from the Express Tribune:

Contrary to most pre-poll predictions, the Pakistan Muslim League-Nawaz (PML-N) emerged as the single largest party by securing 123 seats of the National Assembly, according to the results released by the Election Commission of Pakistan (ECP).

The election commission has received 256 results out of 268 constituencies, and are still waiting for results from 12 constituencies, a senior ECP official said.

In order to win a simple majority in the 342-member lower house, a party or coalition would need 172 seats. Of the total seats, 272 are for directly elected members while 60 are reserved seats for women and 10 are for minorities.

These reserved seats are allocated to parties as per their performance in the polls. As per the results from ECP, PML-N has secured 123 seats; Pakistan Peoples Party Parliamentarian (PPPP) bagged 37 seats, followed by Pakistan Tehreek-e-Insaf (PTI) which managed to get 27 seats. Muttahida Qaumi Movement (MQM) won 18 seats, Jamiat Ulema-e-Islam-Fazl (JUI-F) 10 seats, Pakistan Muslim League-Functional (PML-F) four seats, Jamaat-e-Islami three seats, Pashtunkhwa Milli Awami Party (PkMAP) two seats, NPP and PML two seats each.

We learn more about how the election proceeded from AFP (via the Express Tribune):

It was targeted by the Taliban, women and minorities were vastly under-represented, and videos of irregularities went viral online – yet Pakistan’s 2013 election may still have been its fairest ever.

A much improved voter roll, near-record turnout, and vigilant citizens tweeting alleged rigging all played their part in what former Norwegian PM and election observer Kjell Magne Bondevik called “a credible expression of the will of the people”.

Saturday’s election saw about 50 million Pakistanis vote, with former prime minister Nawaz Sharif emerging the winner nearly 14 years after he was deposed in a coup.

/snip/

Violence in the run-up to polls and on election day itself killed more than 150 people, according to an AFP tally, as the Taliban set their sights in particular on secular parties that made up the outgoing government.

In a remarkable use of technology, voters were able to text their voter ID number to find out immediately the location of their polling station. Although 50 million votes were cast, the polling location service was accessed 55 million times.

Perhaps because of the unexpectedly poor performance of his party, Imran Khan is continuing to pursue charges of rigging in several districts: Read more

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Imran Khan Injured, Doctors Order Rest Ahead of Saturday’s Election

Yesterday, former cricket star Imran Khan was injured when he fell off a lift that was raising him and a number of bodyguards to an elevated stage for a rally in Lahore. Prior to the injury, Khan and his PTI party were seen as slightly trailing former Prime Minister Nawaz Sharif and his PMN-L party for Saturday’s first-ever election in Pakistan after a civilian government (Asif Ali Zardari’s PPP party) has successfully completed a five year term in office. Pakistan’s Dawn News paints Khan’s injuries as serious while the Express Tribune downplays the seriousness.

Here is Dawn’s description of the fall and injuries:

Pakistan Tehrik-i-Insaf (PTI) chief Imran Khan Tuesday sustained serious injuries on his head and back after falling from a lifter during climbing up the stage installed for an election rally in Lahore.

TV footage showed him tumbling down along with three or four personal body guards on a pick up truck. The PTI chief was seen bleeding when he was taken away by his party supporters to the city’s Liberty Hospital.

/snip/

Khan sustained injuries on his head and back, said the hospital sources. They also said that Khan had to have as many as 16 stitches due to the injuries he sustained at back of his head.

The Express Tribune, meanwhile, claims the injuries are not serious:

Pakistan Tehreek-i-Insaf Chairman Imran Khan will not attend a public meeting in Islamabad on Thursday (May 9).

Additional Information Secretary PTI Lahore Umar Khan, while talking to APP, said Imran Khan’s condition was not serious but he had been advised bed rest by doctors for a week.

This same article describes what appears to be spinal fractures but no damage to the spinal cord: Read more

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Musharraf Banned from Politics for Life As Violence Flairs in Pakistan Ahead of Elections

Although he has been under house arrest since shortly after his return to Pakistan while facing trial on charges of arranging the assassination of Benazir Bhutto, former Pakistani Army Chief and President Pervez Musharraf was given a lifetime ban from holding political office by the Peshawar High Court:

The Peshawar High Court (PHC) on Monday banned former military ruler Pervez Musharraf from politics for life.

The ruling came in response to an appeal filed by the former army strongman over the rejection of his nomination papers for the National Assembly seat in Chitral.

A four-member larger bench, headed by PHC Chief Justice Dost Mohammad Khan and comprising of Justice Malik Manzoor, Justice Syed Afsar Shah and Justice Ikramullah ruled that since Musharraf had abrogated the Constitution twice, he could not be allowed to contest elections for either the National Assembly or the Senate.

Isn’t that interesting? In Pakistan, violating the country’s constitution as President gets a lifetime ban from politics, while in the US the same offense allows the perpetrator to open a Presidential Lie Bury.

Meanwhile, as the May 11 elections draw nearer, violence is escalating. Today’s New York Times reports on a suicide bomber who killed nine in Peshawar in an attack that seemed aimed at creating an overall climate of fear rather than attacking a particular target:

An attacker riding a motorcycle detonated his explosives near the suspected target, a police patrol car, on busy University Road during the morning rush hour, killing a police constable and several bystanders, said Faisal Kamran, a senior police official.

/snip/

There was no immediate claim of responsibility, although the Taliban have carried out a relentless series of attacks against secular political parties around the country in recent weeks as part of a drive to influence the elections.

Officials in Peshawar said the attack on Monday was different in that it did not appear to target a specific party but aimed instead to foster a broader climate of fear during the campaign season.

Sadly, two of the people who died were Afghan trade officials who most likely were not targeted but merely were victims of the senseless attack.

As stated above, most violence ahead of the election has been aimed at political parties and candidates. It has become so widespread that Human Rights Watch issued a statement yesterday, calling for more protection of candidates and political parties:

Pakistan’s interim government should take all necessary steps to ensure the safety of candidates and political party activists at risk of attack from the Taliban and other militant groups, Human Rights Watch said today. Nationwide parliamentary elections in Pakistan are scheduled for May 11, 2013.

Since April 21, when election campaigning formally began, the Taliban and other armed groups have carried out more than 20 attacks on political parties, killing 46 people and wounding over 190. Earlier in April, another 24 people were killed and over 100 injured in election-related attacks.

That violence is continuing:

An independent election candidate and two of his relatives from Balochistan’s Jhal Magsi area were killed by unknown assailants on Tuesday night prompting the Election Commission of Pakistan (ECP) to postpone the elections in PB-32.

According to the police and relatives of the deceased, Abdul Fateh Magsi was kidnapped on Tuesday (sic) night and his bullet-riddled body was found on Tuesday morning.

Presumably, Magsi was kidnapped on Monday evening and his body found this morning.

There is a long article in today’s Washington Post handicapping the elections. I’m pretty sure that this passage is delivered without a clue to the level of hypocrisy it drips:

On May 11, Pakistanis will choose the next prime minister in an election hailed as a landmark of democratic progress for a country ruled by the military for nearly half its 65-year history. Yet decades of tradition dictate why democracy has remained more of a concept than a reality.

Even as Pakistan prepares to witness its first democratic transition of power, elite political families, powerful landholders and pervasive patronage and corruption undermine the prospects of a truly representational democracy, political analysts say.

Coming on the heels of Sandra Day O’Connor finally admitting the US Supreme Court should not have decided the 2000 Presidential Election and as the Post and other pundits continue to hype the Hillary Clinton vs. JEB! Bush 2016 contest, what more proof do we need that the US is completely free of corruption and elite political families?

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

John Kerry Finally Meets a Close Election He Wants to Recount

The other day, Hugo Chavez’ successor Nicolás Maduro beat opposition leader Henrique Capriles Radonski by 2% of the vote. In the days since, opposition figures have sown violence, claiming vote fraud.

Yesterday, Secretary of State Kerry encouraged a recount.

Mr. Kerry, in comments to a House committee, said, “We think there ought to be a recount.” He added that he had not yet evaluated whether Washington would recognize Mr. Maduro’s victory.

This, in spite of a leaked recording of a close Capriles advisor admitting that this result was a political triumph but an electoral defeat.

This, in spite of the fact that when Bush beat Kerry with precisely the same percentage of the vote in 2004 amid reports of (limited) electoral oddities, Kerry chose not to demand a recount.

On November 2, 2004, George W. Bush beat John Kerry 50.7 percent to 48.3 percent. Venezuela’s foreign minister immediately (either that night or the day after) recognized the results: “we will hope that in this second mandate we can improve our relations.”

Fast forward nine years, and Nicolás Maduro beats Henrique Capriles with 50.7% of the vote and the US refuses to recognize the result. “Look, we’re just not there yet,” said a State Department spokesman (who now works for—wait for it— John Kerry). “Obviously, we have nearly half the country that had a different view. And so we’ll continue to consult, but we’re not there yet.”

Most interesting of all is something James Clapper just said in a Senate Armed Services Committee hearing. In response to a question from Richard Blumenthal about whether there had been fraud in the election, Clapper said (my rough transcription):

There may have been some, but it’s unclear whether it was of sufficient magnitude to merit recount. Right now it doesn’t appear to be.

In other words, even the intelligence says, whatever fraud there was, it wasn’t enough to affect the outcome.

At this point, the Administration’s hesitation at recognizing Maduro and Kerry’s support for a recount do nothing but stoke violence.

Which I can only assume is the point.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Shorter Rick Snyder: Black People Can Be Customers, Not Citizens

As Rick Snyder was announcing the takeover of Detroit’s government, paving the way for an Emergency Manager for the city, his staff tweeted out this:

“Citizens of #Detroit are the customers of the city, not just the citizens. We need to figure out how to provide them great service.”

It might be a nice sentiment (if many public services under Rick Snyder, especially education and services helping the poor, hadn’t already been cut to make way for tax cuts for businesses, and if the entire point of an EM weren’t to make further huge cuts to services).

Except that if and when Detroit officially gets an EM (there is an appeal process that will roll out over the next couple of weeks), the people of Detroit will, temporarily at least, lose their ability to elect representatives to run their city. Down the road, after Detroit has continued to disintegrate for 18 months (EMs have never turned around a city), elected representatives will be able to get rid of the EM. But until then, local democracy in Detroit will be dead.

And so at precisely the moment when Snyder moved to locally disenfranchise 40% of Michigan’s African Americans — leaving half of Michigan’s African Americans locally disenfranchised — he relabeled those African Americans (and Latinos, and remarkably few whites) “customers.”

Black people, Rick Snyder seems to be saying, can be customers, but they can’t be citizens.

We have spent the week talking about whether or not we still need a Voting Rights Act. Given the cynical new ways politicians are using to disenfranchise people of color, I say it’s time to expand it, not end it.

Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.

Massive Demonstrations, Arrest Warrant for Prime Minister Threaten Upcoming Pakistan Elections

For the first time in its 65 year history, Pakistan is poised to see an elected government fully complete its term in March. With chaos erupting on several fronts, though, the path toward electing a new government appears to be full of obstacles.

Last week saw sectarian bombings kill 96 Shi’ites in Quetta on Thursday alone, and tens of thousands of protesters filled the streets, refusing to bury the dead until Prime Minister Raja Pervez Ashraf came to Quetta and agreed to fire the entire provincial government, as it was suspected of being involved in sectarian violence.

Ashraf finds himself at the center of a controversy, as well. The Pakistan Supreme Court issued a warrant for his arrest today in a long-simmering scandal dating back to when Ashraf was minister of water and power before he became Prime Minister. From Dawn:

The prime minister has been accused of receiving kickbacks and commission in the RPPs [Rental Power Projects] case as minister for water and power.

In the case, nine RPPs firms were accused of receiving more than Rs22 billion [1 R = .01 US $] as a mobilisation advance from the government to commission the projects but most of them did not set up their plants and a few of them installed them but with inordinate delay.

From the Reuters article on today’s developments in Pakistan, we have a description of how the election process is supposed to proceed:

The government and opposition are poised to start negotiating the formation of a caretaker administration to oversee the run-up to the polls as soon as parliament is dissolved, which is due to happen in March. An election date has yet to be announced.

The New York Times article on developments informs us that the elections are required to take place within 60 days of the end of the term for the parliament. Complicating the process immensely though, is the sudden appearance of cleric Tahir ul Qadri, who has returned to Pakistan from Canada to lead massive protests demanding that the government resign immediately, instead of in March. The Times explains that some see the hand of the military behind Qadri:

The court order came as an enigmatic preacher turned politician, Muhammad Tahir ul Qadri, addressed thousands of supporters outside Parliament and repeated calls for the government’s ouster. In earlier speeches, he said that a caretaker administration led by technocrats should take its place.

The confluence of the two events stoked growing speculation that Pakistan’s powerful military was quietly supporting moves that would delay general elections that are due to take place this spring, most likely through the imposition of a military-backed caretaker administration.

The AP has more on what Qadri had to say at today’s rally: Read more

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

Trailing Crist Badly in Popularity, Scott Does Sudden Reversal on Early Voting in Florida

Yesterday, just a few hours before Charlie Crist was set to deliver what would be damning testimony in a US Senate hearing on the 2012 voting debacle in Florida, Rick Scott appeared on CNN and suddenly reversed himself on the issue of early voting.

Recall that the Florida legislature passed a horrible bill shortly after Scott narrowly won the 2010 election, cutting early voting days from 14 to 8, restricting registration efforts and purging voter lists so dramatically that the Department of Justice intervened on several issues in the law. Scott stood firm in supporting it. Just a few days before the election, as ridiculously long lines were reported in early voting, AP had this report:

Florida Democrats say they’ve filed a federal lawsuit asking for the state’s early voting period to be extended.

Republican Gov. Rick Scott has stood firm against giving Florida residents more time to vote before Tuesday.

On Saturday, some Floridians waited for hours on the last day of early voting. State officials say nearly 4 million early and absentee votes have been cast.

Scott and state officials have insisted there were no reasons to keep polls open beyond the eight days authorized in state law. The GOP-controlled Florida Legislature last year cut the number of early-voting days from a maximum of 14 days to eight. That reduction was upheld by federal courts.

As can be seen in the video above, Scott avoided mentioning his role in passing and signing the bill that created this year’s fiasco until called out by Soledad O’Brien. He tried to sound like a reasonable person proposing reasonable changes that will improve the situation, completely ignoring his role as an extremist who was instrumental in attempting to suppress the votes of hundreds of thousands of minorities in Florida.

Also yesterday, a Quinnipiac University poll provided some context for why Scott would find it necessary to reverse himself. His approval rating is strongly negative, while Charlie Crist, who recently joined the Democratic Party, retains an overall favorable rating, as does Alex Sink, who narrowly lost to Scott in 2010 but has already faded from voter recognition. From the poll:

Florida voters disapprove 45 – 36 percent of the job Gov. Rick Scott is doing, continuing his almost two-year run of negative scores, and, as he enters the second half of his term, voters say 52 – 30 percent that he does not deserve a second four-year term, according to a Quinnipiac University poll released today.

/snip/

“Gov. Rick Scott’s ratings with voters are just plain awful. The numbers cannot be sugar-coated,” said Peter A. Brown, assistant director of the Quinnipiac University Polling Institute. “When voters in a politician’s own party want him to be challenged in a primary by another candidate, it’s difficult to see it as anything but outright rejection.

/snip/

Crist, elected governor in 2006 as a Republican, has a 47 – 33 percent favorability rating from all voters, including 65 – 10 percent among Democrats and 48 – 33 percent among independents, with a negative 28 – 56 percent among Republicans.

By comparison, Scott is viewed favorably by 31 percent and unfavorably by 43 percent of all Florida voters. His ratings by party are 55 – 18 percent among Republicans, with negatives of 16 – 60 percent among Democrats and 25 – 48 percent among independent voters.

Ms. Sink is viewed favorably by 27 percent, and unfavorably by 14 percent, with 57 percent who haven’t heard enough about her to form an opinion.

Marc Caputo, in the Miami Herald, reports on Crist’s appearance later Wednesday in the Senate:

In a prelude to a long and bitter campaign, former Gov. Charlie Crist pointedly criticized Gov. Rick Scott during a U.S. Senate hearing Wednesday over an elections law that led to voting troubles and helped turn Florida into a “late-night TV joke.”

/snip/

Crist suggested that Scott was the one to blame because he signed the election law in 2011 and, this year, the governor refused to extend in-person early voting hours despite lines that stretched for hours and discouraged many South Floridians from voting.

Crist contrasted that record with his own as governor in 2008, when he extended early voting hours.

“As Gov. Scott refused to take action to ease the lines, in some cases, those lines extended to six and seven hours,” Crist testified.

“The outcome of these decisions was quite obvious,” Crist said. “Florida, which four years earlier was a model for efficiency, became once again a late-night TV joke.”

Writing in the Gainesville Sun, Lloyd Dunkelberger brings us a prominent Democrat’s reaction to Scott’s sudden reversal:

Scott’s comments stunned Democrats, who had been harshly critical of Scott and the Republicans for the shortened early voting period as well as other provisions in the 2011 election law that they said were designed to suppress Democratic voters at the polls.

“It’s bordering on an alternative reality,” said former state Sen. Dan Gelber, D-Miami Beach, who wrote Scott urging him to extend the early voting hours after witnessing lines of voters waiting six to seven hours in Miami-Dade County. “He and his colleagues in the Legislature created precisely what happened.

“It was done purposely and willfully and now to pretend like they were surprised by it is utterly ridiculous.”

Given the polling on Scott’s popularity, it would appear that many Florida voters join Gelber in blaming Scott for the voting fiasco last month.

Many years ago, Jim got a BA in Radiation Biophysics from the University of Kansas. He then got a PhD in Molecular Biology from UCLA and did postdoctoral research in yeast genetics at UC Berkeley and mouse retroviruses at Stanford. He joined biosys in Palo Alto, producing insect parasitic nematodes for pest control. In the early 1990’s, he moved to Gainesville, FL and founded a company that eventually became Entomos. He left the firm as it reorganized into Pasteuria Biosciences and chose not to found a new firm due a clash of values with venture capital investors, who generally lack all values. Upon leaving, he chose to be a stay at home dad, gentleman farmer, cook and horse wrangler. He discovered the online world through commenting at Glenn Greenwald’s blog in the Salon days and was involved in the briefly successful Chris Dodd move to block the bill to renew FISA. He then went on to blog at Firedoglake and served a brief stint as evening editor there. When the Emptywheel blog moved out of Firedoglake back to standalone status, Jim tagged along and blogged on anthrax, viruses, John Galt, Pakistan and Afghanistan. He is now a mostly lapsed blogger looking for a work-around to the depressing realization that pointing out the details of government malfeasance and elite immunity has approximately zero effect.

The Gray Lady Falls Off the Balance Beam

Granted, it pertains to my right-wing governor, so it’s personal. But this NYT profile of Rick Snyder is a remarkable example of the perverse journalistic fetish for “balance” gone so badly awry it amounts to disinformation.

Let’s start with this summarized claim.

Republicans and business leaders here widely praise Mr. Snyder, crediting him with balancing the state’s once-troubled budget, dumping a state business tax and presiding over an employment rebound in a state that not long ago had the highest jobless rate in the nation. [my emphasis]

You’d think a newspaper might want to point out that MI’s unemployment actually turned around in August 2009–well before Snyder’s election in 2010 and not coincidentally the month after GM came out of bankruptcy. Unemployment dropped 3.3% before Snyder took over, dropped a further 2.6% after he did. But more significantly, unemployment in MI has started to creep up again–it’s up .7% since its recent low in April, to 9%.

Setting that record straight is critical to the rest of the article, since it repeatedly gushes about Rick Snyder refusing to deny Obama credit for MI’s turnaround.

Just before the Republican primary in Michigan in February, Mr. Snyder was asked in an interview whether Mr. Obama ought to be given credit for the state’s economic improvements. “I don’t worry about blame or credit,” he said. “It’s more about solving the problem.”

Nowhere in the article does “reporter” Monica Davey consider the possibility that Obama–and, in fact, Jennifer Granholm–have more to do with the turnaround than Snyder. Yet even many Republicans in this state would grant that the successful bailout of Chrysler and GM had a lot to do with the turnaround (though Republicans almost universally ignore the energy jobs Obama focused on MI).

So maybe Snyder refuses to deny Obama credit because such a claim would not be credible? It’s not a possibility the NYT article–which is supposed to be a celebration of a lack of ideology–even considers.

Which brings me to the other area where NYT’s idea of what constitutes balance is completely whacked: its treatment of the right to organize.

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Marcy has been blogging full time since 2007. She’s known for her live-blogging of the Scooter Libby trial, her discovery of the number of times Khalid Sheikh Mohammed was waterboarded, and generally for her weedy analysis of document dumps.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including the Guardian, Salon, and the Progressive, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse and dog in Grand Rapids, MI.