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Our Industrial Policy Is the F-35

screen-shot-2016-12-01-at-10-14-03-am

Lockheed photo.

With the news of Donald Trump’s deal to keep 1,100 of 2,100 Carrier jobs in Indiana, coastal elites appear to have just discovered tax-supported Midwestern manufacturing jobs, even as they continue to ignore tax-supported defense contractor (manufacturing) jobs.

As best as I can understand it from the details released so far, the deal may be best understood as a mix of typical state-level efforts combined with the leverage of a federal level effort. Over 25% of the jobs saved will be engineer and headquarter jobs — important for retaining technological capacity in the US, but not a big help to blue collar workers.

The package is reportedly substantially similar to one IN Governor and soon to be Vice President Mike Pence already offered.

UTC agreed to retain approximately 800 manufacturing jobs at the Indiana plant that had been slated to move to Mexico, as well as another 300 engineering and headquarters jobs. In return, the company will get roughly $700,000 a year for a period of years in state tax incentives.

Some 1,300 jobs will still go to Mexico, which includes 600 Carrier employees, plus 700 workers from UTEC Controls in Huntington, Ind.

That has commentators on all sides — from economists to Bernie Sanders — complaining that Trump just made it more likely companies will demand bribes to retain US based jobs in the future.

That’s of course a fantasy. Companies already demand bribes to keep jobs in particular states (or in the US generally).* This is just a typical deal — indeed, it was a typical failed deal until the guy making it became Vice President-elect thanks in part to his new boss’ running on making a better deal.

The way companies arbitrage states and countries to get the best deal to preserve jobs is not a good thing — at all. But it’s one that must be solved at a systematic level, a point Jared Bernstein made in the WaPo.

This sort of production cannot be sustained as some sort of non-competitive museum model, where we push back on trade-induced job losses through tax breaks and government contracts. True, governors and mayors commonly dole out such goodies as bribes to factories to settle in one state vs. another, but that’s a zero-sum game, and often ends up as a big waste of precious resources. Meanwhile, it’s also a game of corporate whack-a-mole. While Trump et al. were brokering this deal, nearby factories were packing up for Mexico.

As I recently wrote, we’ve generally failed to even try to implement a solution to this problem of global competition eroding our manufacturing base. A systemic approach, as opposed to what Trump is up to here, will require reducing our trade deficit in manufactured goods by pushing back against countries that manage their currencies to make our exports expensive and their exports cheap. It will require investments in advanced manufacturing so we can close the wage gap with productivity. It will require systemic state and older city economic development of the type economist Tim Bartik describes here and here. It may require direct job creation to employ displaced workers when none of the above comes through.

The key twist on this story, however, is that Carrier was convinced to deal when Trump started threatening that federal contracts with Carrier’s parent company, United Technologies, might be at risk if they didn’t.

John Mutz, a former Indiana lieutenant governor who sits on the [Indiana Economic Development Corporation’s] 12-member board, told POLITICO that Carrier turned down a previous offer from IEDC before the election. He said he thinks the choice is driven by concerns from Carrier’s parent company, United Technologies, that it could lose a portion of its roughly $6.7 billion in federal contracts.

“This deal is no different than other deals that we put together at the IEDC to retain jobs, but the fact is that the difference is that United Technologies depends on the federal government for lots of business,” Mutz said.

Kevin Drum — while citing a lot of health care and finance jobs (both heavily supported by federal policy) as the true job leaders in Indianapolis — considers the pressure on United Technologies to be an outrage.

This would be a massive abuse of power, of course, but who wants to take a chance that Trump cares? Probably not UT.

I actually think the deal ought to elicit a more interesting discussion of industrial policy — the kind of systematic intervention that Bernstein talks about that might actually do something about the hollowing out of America’s manufacturing base.

Such a discussion has long been forbidden in American political discourse, in part because the same economists pretending such whack-a-mole bribes haven’t become the norm in American political life also pretend that an unfettered “free” market (always defined to include mobile capital and goods, but not labor) will benefit everyone.

Yet even during the period when any discussion of industrial policy has been forbidden, we’ve had one.

Our industrial policy consists of massive US investments in manufacturing war and intelligence toys that we then sell to foreign governments. When done with Middle Eastern petro-states like Saudi Arabia, that trade goes a long way to equalize our foreign trade deficit, but it contributes directly to instability that then requires us to intervene and build more war toys. That investment in war leads, in turn, to a disinvestment in publicly funded infrastructure that could also provide jobs in the heartland.

The most obvious symbol of our unacknowledged industrial policy is the F-35, a trillion dollar federal investment for a plane that has yet to meet basic requirements, one beset by years of rework. As it happens, one of many causes of problems with the F-35 is big reliability problems with engines used in the plane. That makes those faulty engines, made by United Technologies subsidiary Pratt & Whitney, just another direct taxpayer investment in UTC jobs. Yet reliability problems didn’t prevent P&W from getting another contract for the F-35 engine earlier this year. Nor did P & W’s provision of attack helicopter technology to the Chinese via a Canadian subsidiary.

Our current industrial policy, you see, feeds so few prime contractors that they are virtually immune from the competition that might pressure them to deliver quality goods. Which leads, in turn, to rework, contract overruns, and contractors walking out of the building with our government’s most closely guarded secrets, all with no consequences.

Let’s stop pretending (as this piece does) that America’s manufacturing, increasingly dominated by the production of war toys, exists in a a real market, shall we?

Once we do that, we might begin to address the diseases of our defense contracting and — more importantly — rediscover the value of investing in other kinds of manufacturing that our country needs to have. Justify these investments by some future defense need, I don’t give a damn (though there are military officials who will soberly explain the risks of the hollowing out of our manufacturing base). But invest in the technologies the US needs to stay competitive and retain a manufacturing base.

There was a brief moment when Obama tried to do this by investing in battery factories in MI and other Rust Belt states, an investment justified because the US lagged so far behind South Korea on this critical technology. The investments were badly executed, and then later undermined by the KORUS trade deal. Republicans made them toxic with the Solyndra faux scandal. And so, rather than siting one after another killer app in locales whose older economies had failed, such efforts largely ended.

Imagine how the climate change negotiations might have changed, though, if they came with key investments in alternative energies in coal mining areas of West Virginia and Kentucky?

But this Carrier deal — no matter how much of a gimmick — should be an opportunity to shift the discussion. Trump (and Pence) just federalized the kind of deal every state makes out of desperation, pitting states against each other and Mexico and China. If they can do that, in part by leveraging federal contracting, then they can also pursue an honest industrial policy, one not dependent on selling war toys to our belligerent authoritarian friends overseas.

I doubt Trump will do that. But his Carrier deal ought to at least invite a debate about it.

Update: Added a link to the deferred prosecution for when Pratt & Whitney dodged export restrictions to provide technology to China.

Update: The other day Bloomberg did a review of the Department of Energy’s Loan Program Office, which funded Solyndra (but which, as was covered at the time, actually dates to W’s Administration) actually has been very successful.

Not only has the program’s loan portfolio generated about $1.65 billion in interest payments to date, its mission to support major energy projects fits into Trump’s goal of stimulating investment in the U.S., said Jonathan Silver, a former head of the loan programs office.

“The President-elect was talking directly about significant investments in infrastructure,” Silver said in an interview Monday at Bloomberg headquarters in New York. The program is intended to support not just clean-energy projects, but also industries Trump championed during the campaign, including coal, among other advanced fossil fuels. “This is infrastructure. It doesn’t get any more infrastructure-ish than this.”

The office dates to the George W. Bush administration and was designed to offer loan guarantees to innovative energy projects that struggle to get financing from commercial and investment banks. In some cases it also approved loans funded through the Federal Financing Bank.

It supported the first big solar farms in the country and helped commercialize solar-thermal systems, advanced nuclear designs, molten-salt storage and other technologies. It has yet to finance an advanced fossil-fuel project.


*Disclosure: My spouse works for a manufacturing company often touted, locally and nationally, as a huge success; it receives state tax credits.

The Blame Comey Movement

screen-shot-2016-11-11-at-4-49-34-pmThere is a big rush from commentators on all sides to blame Jim Comey for the election result. And while normally I’m happy to blame Comey for things, I’m not convinced we have data to support that claim here, at least not yet.

The claim comes from two places. First, this description of how Trump’s analysts responded after discovering rural whites were voting at higher rates than expected.

Trump’s analysts had detected this upsurge in the electorate even before FBI Director James Comey delivered his Oct. 28 letter to Congress announcing that he was reopening his investigation into Clinton’s e-mails. But the news of the investigation accelerated the shift of a largely hidden rural mass of voters toward Trump.

Inside his campaign, Trump’s analysts became convinced that even their own models didn’t sufficiently account for the strength of these voters. “In the last week before the election, we undertook a big exercise to reweight all of our polling, because we thought that who [pollsters] were sampling from was the wrong idea of who the electorate was going to turn out to be this cycle,” says Matt Oczkowski, the head of product at London firm Cambridge Analytica and team leader on Trump’s campaign. “If he was going to win this election, it was going to be because of a Brexit-style mentality and a different demographic trend than other people were seeing.”

Trump’s team chose to focus on this electorate, partly because it was the only possible path for them. But after Comey, that movement of older, whiter voters became newly evident. It’s what led Trump’s campaign to broaden the electoral map in the final two weeks and send the candidate into states such as Pennsylvania, Wisconsin, and Michigan that no one else believed he could win (with the exception of liberal filmmaker Michael Moore, who deemed them “Brexit states”). [my emphasis]

And from this letter from Hillary’s pollster Navin Nayak.

We believe we lost this election in the last week. Comey’s letter in the last 11 days of the election both helped depress our turnout and also drove away some of our critical support among college-educated white voters — particularly in the suburbs. We also think Comey’s 2nd letter, which was intended to absolve Sec. Clinton, actually helped to bolster Trump’s turnout.

Navak is presumably the same person who missed the surge in rural areas that Trump was seeing, and therefore partly responsible for Clinton’s belated attention to MI and WI. No matter what caused surges in Trump’s support, not responding to it was a key reason for Hillary’s loss. So Navak has a big incentive to blame others.

After saying everything was going swimmingly in early turnout (without noting low African American turnout in that early vote), Navak tells this story about the last week.

But then everything changed in the last week.

Voters who decided in the last week broke for Trump by a larger margin (42-47). These numbers were even more exaggerated in the key battleground states.

There are two major events that happened in the last week:

Director Comey released his first letter 11 days out from the election, which likely helped to depress turnout among Hillary’s supporters. It made Sec. Clinton’s e-mail the focus of the campaign for half the remaining 10 days.

After seeing record early vote numbers, there was a significant drop in Election Day turnout, particularly among Hillary supporters, and this was noticeable in both larger cities such as Philadelphia, Raleigh-Durham, Milwaukee, Detroit and the suburbs surrounding these and other cities.

The two days before Election Day, Director Comey released a 2nd letter, which energized Trump supporters. [emphasis original]

What these two pieces — from Trump’s data analyst and Hillary’s pollster — suggest is a correlation between the Comey letter and Trump’s improved chances. But there’s no proof of causation — certainly not that Comey is the primary explanation.

Iscreen-shot-2016-11-11-at-5-21-22-pmn fact, temporally, the correlation is not perfect. Trump’s analysts say the trend started before the Comey letter. This was a weird election, but it is still highly unlikely that a letter released on October 28 can entirely explain a trend that started before October 28.

Navak is a lot squishier on timing. He says the trend happened in the last week. But of course, the letter (and the blizzard of press coverage) came out earlier than that. Precisely when did he see things start going south? He doesn’t say in his email but if it was really just the last week, then that timing doesn’t make sense either.

Then there’s the other detail that Navak does tell us: the move away from Hillary happened more in the “key battleground states.” That got me wondering why voters in key battleground states would be more responsive to Comey’s letter than voters in red or blue states.

screen-shot-2016-11-11-at-5-32-21-pmWhen I raised this on Twitter, a lot of people said swing state residents would be more bombarded with discussions about emails in the last two weeks. But aside from people who went to a Trump rally (which is admittedly thousands of people, though presumably hard core Trump supporters more than late deciders), they wouldn’t necessarily have. Trump’s final ad, which was very good and pretty reminiscent of Obama’s election ads, only referred to the emails once (albeit right at the beginning, just 5 seconds in), and even then only visually, appearing as Trump said “corrupt.” The emails were just one part of Trump’s larger narrative about a corrupt establishment. The rest of Trump’s ad played to economic anxieties, with dog whistles to anti-Semitism and xenophobia, but not the aggressive ones you’d see in his rallies.

Hillary’s final ad meanwhile (at the same link), was far weaker, basically just saying Trump is a dick but without naming him. So for those who decided based  on the content of these ads (I personally didn’t see many super PAC ads, though they may be a factor), the emails probably weren’t the deciding factor, the quasi-empowering message probably was more likely to have been.

And look at the data, above, from Nate Silver’s analysis. It is absolutely true that late-deciding voters in WI, MI, IA, PA, and FL went disproportionately for Trump. They did too in UT, which is unsurprising, but which is also a useful example because it suggests one of the other things people were doing in the last week: Deciding whether to vote a third party candidate, Evan McMullin, or not. Indeed, polling averages show that Trump’s late surge nationally came in conjunction with what was a longer, slower slide in Gary Johnson’s support. I think it’s possible that the emails affected people’s decision to vote third party or even among Republicans who might have voted for Hillary. But one thing that appears to partly explain Trump’s rise at the end is just a very typical decision among people who consider voting third party to in the end support the major candidate. Remember, too, that Trump’s aides had finally gotten him onto a script for these last days, so he was saying and doing fewer offensive things just as these late deciders decided.

Finally, look at those other swing states. In OH, the difference was much smaller. In NV, later breakers actually broke for Hillary. In GA that was even more pronounced.

Perhaps most interesting of all, however, is VA. VA — especially its northern suburbs where Hillary got most of her support — is packed with security clearance holders, precisely the kind of people who’ve expressed the most exasperation about a perceived double standard in the treatment of Hillary. Perhaps that sentiment, which I’ve seen expressed by individuals in a number of places — is overstated. Maybe some clearance holders who also understand overclassification aren’t as bugged by the email scandal as others. In any case, in VA, the state that probably has a higher chunk of clearance holders than any other, broke slightly for Hillary after the Comey letters. Why would Virginians treat the Comey letter so much differently than Wisconsonites and Michiganders?

One final thing. In the days after the first Comey letter, polls actually asked how much it would influence voters’ decision. One poll showed as many undecided voters saying it made no difference as those who said it did.

Thirty-nine percent of voters said the additional review of emails in the Clinton case had no bearing on their vote in November, while 33 percent it made them much less likely to vote for Clinton.

But most of those voters are already aligned against Clinton. Nearly two-thirds of Trump voters, 66 percent, said it makes them much less likely to vote against Clinton.

Among the small pocket of undecided voters remaining, 42 percent said it made them less likely to vote for Clinton, including 30 percent who said it made them much less likely to vote for her. But just as many, 41 percent, said it makes no difference either way.

In others, there was a bigger difference, even affecting Clinton supporters.

An ABC/Washington Post tracking survey released Sunday, conducted both before and after Comey’s letter was made public on Friday, found that about one-third of likely voters, including 7 percent of Clinton supporters, said the new e-mail revelations made them less likely to support the former secretary of state.

The poll found that Clinton received support from 46 percent of likely voters to Trump’s 45 percent, suggesting the race is a toss-up. That contrasts with the 12-point advantage that Clinton held in the same poll a week ago. Trump’s numbers have crept up, in part, as more Republicans have gotten behind their candidate.

A CBS tracking poll of likely voters in battleground states — the 13 states that could swing the Nov. 8 election — released on Sunday found that among voters overall, 71 percent say it either won’t change their thinking, or in some cases, they had already voted.

I’m not aware of any polls that asked about this after Comey’s second letter (and I’m somewhat baffled about how it could energize Trump voters in the way Navak claims), so it’s unclear how these numbers moved after she was re-exonerated.

The election was incredibly close. So if those 7% of Hillary voters who, the weekend after the first Comey letter, considered his announcement significant enough that it might decide their vote instead decided to stay home, it may well have been decisive. But we don’t have that data yet.

Let me close by emphasizing what I am not saying. I am not saying the email scandal didn’t affect the election at all. I am not saying that the press’ disproportionate coverage of it as opposed to Trump’s own corruption didn’t affect the election. Nor am I saying that the Comey letter definitively did not affect the election.

Rather, I’m just saying we don’t have proof that a somewhat inexact correlation between Trump’s late surge and the Comey letter was the cause of his late surge. I’m happy to be convinced otherwise. But right now I’m not seeing it.

Update: This David Plouffe analysis is worth reading in the context of this post for two reasons. First, he notes that Gary Johnson lost support primarily among his older supporters, but his younger supporters stayed with him. This means that his decline likely was tied to a Trump increase, and what remained did hurt Hillary disproportionately.

And here’s what he says about Comey.

JAMES COMEY From the last debate until Election Day, the dominant news was the F.B.I. and Mrs. Clinton’s emails along with a drumbeat of daily WikiLeaks dumps. Postelection research will help shed light here, but the small number of undecided voters at the end should have broken at least equally based on their demographic and voting history. If exit polls are accurate, they moved to Mr. Trump much more than to Mrs. Clinton in certain battleground states, and it’s quite possible the shadow created by the F.B.I. director was the major culprit. Oct. 19, the day of the final debate, was a long 20 days to Nov. 8, and the atmosphere was far from ideal for the Democratic candidate.

Update: On Twitter, Jamison Foser explained why the second letter would invigorate Trump’s supporters: because it fed the narrative that Hillary is corrupt and always gets away with it. That makes sense.

Another person pointed out that the differential impact in VA may be due to Tim Kaine’s influence, which is also a good explanation.

False Reassurances: On Pixie Dusted Executive Orders, Appendix M, and Proxy Detention and Torture

In the wake of Trump’s victory, a number of people have offered some thoughts intended to reassure. In a piece titled, “The United States is not about to spiral into tyranny,” Kevin Drum claimed — among other things — that Trump will have a hard time reversing Obama’s Executive Orders.

Trump will learn that repealing executive orders is harder than he thinks, and it’s unlikely he has the attention span to really keep at it.

And a number of pieces — such as this one from Reuters — point to last year’s language in the NDAA limiting interrogation to techniques that appear in the Army Field Manual.

Trump’s support for water-boarding, an interrogation technique that simulates drowning, also would meet opposition. Congress last year passed legislation barring the use of waterboarding and other “extreme interrogation techniques” widely considered torture. Obama signed the measure into law last November.

Both of those reassurances are overly optimistic.

Pixie Dusting EOs

Even on its face, the idea that Trump can’t reverse Obama’s EOs doesn’t make sense. A president has uncontested authority to pass EOs as he pleases. The only limit on that power is Congress. If sufficient numbers in Congress, backed by sufficiently powerful leaders in Congress, want to contest a president’s public EOs, they can try to legislate or defund an activity.

There is no likelihood of that happening with Trump anytime soon. None. Especially not with the EO that Trump is probably most anxious to reverse, Obama’s order deferring deportation of 5 million people who’ve long been valuable members of American society.

More importantly — and this is something everyone needs to start accounting for — according to two different OLC memos, one used to authorize Iran-Contra, the other used to authorize Stellar Wind, the president doesn’t even have to make the actual implementation of his EOs public.

An executive order is only the expression of the President’s exercise of his inherent constitutional powers. Thus, an executive order cannot limit a President, just as one President cannot legally bind future Presidents in areas of the executive’s Article II authority. Further, there is no constitutional requirement that a President issue a new executive order whenever he wishes to depart from the terms of previous executive order. In exercising his constitutional or delegated statutory powers, the President often must issue instructions to his subordinates in the executive branch, which takes the form of an executive order. An executive order does not commit the President himself to a certain course of action. Rather than “violate” an executive order, the President in authorizing a departure from an executive order has instead modified or waived it. Memorandum for the Attorney General, From: Charles J. Cooper, Assistant Attorney General, Re: Legal Authority for Recent Covert Arms Transfers to Iran (Dec. 17, 1986). In doing so, he need not issue a new executive order, rescind the previous order, or even make his waiver or suspension of the order publicly known. Thus, here, the October 4, 2001 Authorization, even if in tension with Executive Order 12,333, only represents a one-time modification or waiver of the executive order, rather than a “violation” that is in some way illegal.

While Jack Goldsmith’s May 6, 2004 Stellar Wind memo supplanted the Yoo memo in which he made this argument, there has been no public repudiation of this logic or the underlying Iran-Contra memo, not by Constitutional scholar Barack Obama, not by Congress.

In other words, no one has invented any kind of requirement that the president let the public or even Congress know what rules he believes he is bound by.  Indeed, it’s absurd to think Obama would have institutionalized something like that, given that (according to CIA General Counsel Caroline Krass) his administration has started hiding its self-authorizations in places besides OLC so we won’t know where to look for them.

Which means a man who used disinformation to get elected has no obligation to tell us what rules he considers himself bound by.

Three shell games that already exist under which to conduct torture

Similarly, the NDAA prohibition on torture is less ironclad than often claimed. That amendment didn’t prohibit torture. Rather, it restricted national security interrogators to the techniques in the Army Field Manual.

The amendment explicitly excluded law enforcement personnel from this restriction. As John Brennan said when he was asked about this way back in 2013, the FBI has its own processes and procedures, many of which remain obscure, others of which include clear loopholes. Importantly, the FBI increasingly operates — as the DEA has long done — overseas, where any problematic processes and procedures can easily be hidden.

In addition, as Jeff Kaye pointed out at the time, the AFM includes a section called Appendix M, which permits the use of a technique called Separation. The UN Committee Against Torture found Appendix M problematic, because it induced psychosis, during the UN review of US practices back in 2014.

But there’s another problem with the AFM. In 2006, Steven Bradbury wrote an OLC memo that basically authorized Appendix M largely divorced from the actual details of it. As I read it, that memo may be used for authorization of techniques used in Appendix M even if they’re not enumerated in the memo, meaning Trump can put anything in Appendix M and claim to have OLC buy-off. In fact, Bradbury incorporated within that memo yearly updates to the Appendix. It basically created a drawer, which might or might not be classified, into which DOD could throw whatever it wants to do.

When Congress passed the NDAA, they required the Appendix M to be reviewed to make sure it is humane and legal — but not until 2017. So while the intent of this amendment was explicitly to prohibit inhumane treatment, it relies on a structure of interpretations left up to the future President. The future President, as it turns out, got elected insisting that waterboarding is not torture.

Finally, the Drone Rule Book (which Trump can throw out on January 20 in any case) explicitly envisions letting our friends detain people, so long as they give us reassurances the person will be treated humanely. The Bush Administration started waterboarding people by watching while Egyptians did the waterboarding for us. It asked Bashar al-Assad (and a number of other countries we still are friends with) do far worse to people on our behalf. There has never been any appetite to eliminate the shell game of proxy detention. Indeed, Obama has used such shell games in Somalia and Kuwait, with tortured alleged in the latter case.

The CIA has been leaking wildly about its concerns about being asked to torture. But the CIA — and its enablers — didn’t do the things to make it impossible to ask them to torture when we had the chance.

My Boob Clinic Is Part of an International Spying Plot … but Hillary’s on It!

By now you’ve likely read or at least heard about this Slate story, which uses a bunch of innuendo arising from some metadata to suggest that Trump has a secret exclusive communication method with Russia’s biggest bank.

A number of people have debunked the technical claims in the article.

Former GCHQ employee Matt Tait did so in a series of tweets here. Consultant Naadir Jaawa laid out how it’s a marketing server here. Consultant Robert Graham not only lays out the same spam email explanation that both Spectrum Health and Mandiant describe in the story, but notes that other malware researchers question the data in the story.

Indeed, one journalist did call one of the public resolvers, and found other people queried this domain than the two listed in the Slate story — debunking it. I’ve heard from other DNS malware researchers (names remain anonymous) who confirm they’ve seen lookups for “mail1.trump-email.com” from all over the world, especially from tools like FireEye that process lots of spam email. One person claimed that lookups started failing for them back in late June — and thus the claim of successful responses until September are false.

Krypt3ia, in a post written in steps weeks ago, couldn’t get answers from the “Tea Leaves” behind the story and judged that the incriminating files — which were just text files — could be recreated.

These are the key files in the new dump but the problem I have is that they are just text files. Anyone with the know how could re-create these to look legit enough but yet still be questioned. I see no actual login to the shell and queries being run here so really coulda just done a find/replace on another query on any server you have access to.

In short, contrary to what Slate suggests, there are innocent explanations for this, and there’s good reason to distrust the provenance of the data behind it.

Update: The Intercept has now explained why they passed on the story; they include spam sent to both Alfa and Spectrum from Trump, which corroborates the theory everyone else technical is settling on.

Boob Clinics usually stay out of international spy plots

Most of these debunkings have focused on the technical aspects. I want to start with this passage from Slate.

A small portion of the logs showed communication with a server belonging to Michigan-based Spectrum Health. (The company said in a statement: “Spectrum Health does not have a relationship with Alfa Bank or any of the Trump organizations. We have concluded a rigorous investigation with both our internal IT security specialists and expert cyber security firms. Our experts have conducted a detailed analysis of the alleged internet traffic and did not find any evidence that it included any actual communications (no emails, chat, text, etc.) between Spectrum Health and Alfa Bank or any of the Trump organizations. While we did find a small number of incoming spam marketing emails, they originated from a digital marketing company, Cendyn, advertising Trump Hotels.”)

Spectrum accounted for a relatively trivial portion of the traffic. Eighty-seven percent of the DNS lookups involved the two Alfa Bank servers.

The story, remember, is that Trump has a super spooky exclusive hotline directly to a corrupt Russian bank. But most people covering this completely ignore that it’s not completely exclusive: over 10% of the traffic reported by the anonymous researchers involves Spectrum Health.

Spectrum Health is the largest employer in Grand Rapids and West Michigan generally. It includes the Helen DeVos Children’s Hospital and a Betty Ford Breast Care clinic. Spectrum Health is where I go to the doctor and Betty Ford is where I got my still cancer-free boobs squished this year. So for this story to make sense, you’ve got to explain why a children’s hospital and a boob clinic are in cahoots with Trump and a big Russian bank.

The original version of the story tried to make much of the tie to Spectrum, finding in the children’s hospital named after Richard DeVos’s wife a tie to Erik Prince (Helen’s daughter-in-law Betsy’s brother) and the DeVos family’s multinational pyramid scheme, the wealth from which has always — not just this year — been funneled into conservative causes.

The other frequent connection to Trump’s hidden server with the same distinctive human pattern is Spectrum Health, a Michigan hospital with close ties to the DeVos family (http://www.spectrumhealth.org/locations/helen-devos-childrens-hospital). The Devos family founded Amway / Alticor which operates in Russia including transactions with Alfa Bank such as buying insurance for 800 Alticor employees from Alfa Bank’s insurance subsidiary. The Devos family has given millions of dollars in the past few months to conservative super PACs (www.fec.gov). One member of the Devos family was a founder of Blackwater.

None of that makes sense, though, especially since — while some of the DeVoses do seem to be funding Trump now and Prince has bizarrely backed the Donald (though that may stem from being shut out of State business while Hillary was in charge) — the biggest commonality between the DeVoses (who are hard core Republicans) and Trump is their multinational scheming and fondness for sports teams.

They may both be awful conservatives, but they are different kinds of awful conservatives, and there’s little reason to believe they’d be in cahoots outside of belated efforts, post-dating these files, to fund Republican turnout in the state (and even there, Prince’s sister Betsy is withholding direct funding).

More importantly, the DeVoses no more run this hospital than Betty Ford does.

But without the conspiracy theories implicating the DeVoses, then innocent explanations sure look a lot more plausible.

Tellingly, however, most other treatments of this story (this is an exception) have simply ignored this detail. Because once you have to calculate how a children’s hospital and a boob clinic — even one, or perhaps especially one, named after Gerald Ford’s wife — has a tie to this international spy plot, things start falling apart.

The reason why the boob clinic part of the story is important is it’s a detail that should have led even non-technical people to at least think twice before running with the story. Slate, however, simply included Spectrum’s explanation for the files, the one that matched Mandiant’s working hypothesis, and careened ahead.

The FBI has its own doubts

After Slate published, the NYT posted a story that generally reveals the FBI hasn’t been able to substantiate any tie between Trump himself and Russia and has backed off its claims that Russia was trying to decide the election (a judgment I hope to return to).

It also reveals that the FBI largely agreed with what security experts concluded when they saw this claim.

In classified sessions in August and September, intelligence officials also briefed congressional leaders on the possibility of financial ties between Russians and people connected to Mr. Trump. They focused particular attention on what cyberexperts said appeared to be a mysterious computer back channel between the Trump Organization and the Alfa Bank, which is one of Russia’s biggest banks and whose owners have longstanding ties to Mr. Putin.

F.B.I. officials spent weeks examining computer data showing an odd stream of activity to a Trump Organization server and Alfa Bank. Computer logs obtained by The New York Times show that two servers at Alfa Bank sent more than 2,700 “look-up” messages — a first step for one system’s computers to talk to another — to a Trump-connected server beginning in the spring. But the F.B.I. ultimately concluded that there could be an innocuous explanation, like a marketing email or spam, for the computer contacts.

Note, this means that the FBI was already looking into this story when it got shopped to reporters in early October. So in addition to the four or so other entities that reviewed this story and found it wanting (including me), the FBI had already had a crack at it.

Hillary Clinton and her likely National Security Advisor jump on this story

Now, as with the Kurt Eichenwald story claiming to have found a smoking gun tying Trump to Putin, people on the left didn’t read the story very critically. Sure, this one is technically hard — up until you think about the boob clinic connection alleged in the middle of the spy plot.  But for all its breathlessness, the Slate story simply insinuated. It proved nothing.

Which is why I’m so troubled that Hillary Clinton tweeted it four times in three hours, including a statement her likely National Security Advisor Jake Sullivan put together.

I mean, I get that it’s election season and all. I get that Jim Comey gave Hillary a whopping October surprise on Friday. But one of the reasons we’re supposed to elect Hillary over Trump is that she is more measured and fact-based than Donald is.

Here, she jumped on a story that at least should have given pause and created two campaign messaging pieces around it, asserting as fact that “Donald Trump has a secret server … set up to communicate privately with a Putin-tied Russian bank.”

I’ll repeat again: Jake Sullivan — the guy who wrote the longer statement on this — is widely assumed to be set to take on the job from which Condi Rice started a war by warning about fictional mushroom clouds.

Who are these secret researchers, anyway

Which leads me to a final question a few of the security folks are asking about this story.

In addition to his technical debunking, Robert Graham made an equally important point: researchers shouldn’t be accessing this data for ad-lib investigations into presidential candidates, and it’s not even clear who would have access to it all except the NSA.

The big story isn’t the conspiracy theory about Trump, but that these malware researchers exploited their privileged access for some purpose other than malware research.

[snip]

In short, of all the sources of “DNS malware information” I’ve heard about, none of it would deliver the information these researchers claim to have (well, except the NSA with their transatlantic undersea taps, of course).

And in a second post this morning, Krypt3ia started wondering who’s behind this story.

This was a non story and this was someone’s troll or an IC operation of some kind. I left it at that… That is until last night when this fallacy laden report came out of Slate.

Anonymous Security Professionals

So here is what I believe happened with Slate and Foer. Tea, not happy with my ignoring their bullshit, went on to pimp at least five venues looking for a way to get this wide and Foer was the gullible one to do so. Now, with a live one on the line Tea spun their tale and added the new twist that they are in fact a group of “security professionals” with insider knowledge and that this story is really real. Of course once again they provided no real proof of Trumps servers being configured for this purpose, no evidence of actual emails, and no real forensically sound information that proves any of what they say can be proven in a court of law. This is a key thing and Slate may not care but others do. Even in the previous dumps on the i2p site that tea set up their diagram said “this is what it would look like” would is not proof, that there is speculation and not evidence.

[snip]

Meanwhile, the story spun by Tea and now Camp et al on Slate makes me wonder just who Tea is. Obviously Camp knows Tea and the others and this is a small world so let’s work out the connections shall we?

Camp –>Vixie –> ??? let’s just assume that Camp knows these persons well and if one starts to dig you could come up with a few names of people who “would” (there’s that would again) have the kind of access to DNS data that is needed.

Just sayin.

Of course, we have since learned that before Tea Leaves started pushing this story to the press, the FBI had been investigating it for two months.

Which, to my mind, raises even more questions about the anonymous researchers’ identities, because (small world and all) the FBI likely knows them, in which case they may have known that the FBI wasn’t jumping on the story by the time they started pitching it.

Or the FBI doesn’t know them, which raises still more questions about the provenance of these files.

Ah well, if President Hillary starts a war with Russia based off Iraq-War style dodgy documents, at least I’ll have the satisfaction of knowing my boob clinic is right there on the front lines.

Update: I’ve added language to clarify that the DeVoses don’t run Spectrum.

Consent of the Governed

usdecindependence_header_wikipediaThe last time a man touched me inappropriately at work, he tried to massage my shoulders while looking down my blouse. I had only been on my new job a few days at that time; I later found out this same man did this (and worse) with nearly every female co-worker younger than him. He had access to them all as their IT representative. They avoided asking for IT help unless they were desperate.

When I told the division president — our mutual boss at a Fortune 100 company — that every woman had a sexual harassment problem with the IT guy, the president asked me what he was supposed to do about it.

The last time I ever talked with my father about women in the workplace we had been discussing the Anita Hill hearing. “Why didn’t she tell somebody sooner?” my dad asked. “Why report it only after Clarence Thomas’ nomination? It just looks suspicious.” My father had been a supervisor to both men and women for nearly two decades at this point. His naivete and blame-the-victim mentality shocked and disappointed me so badly I couldn’t talk about this topic with him ever again.

I can’t think of any women I know who’ve worked in mixed gender environments who don’t have stories about sexual harassment or sexual assault in the workplace. Even my daughter, so new to the workforce, now has her own stories to tell. And this is just the workplace — these are not the stories women have to tell about harassment, abuse, assault outside of work. They often have worse stories to tell, though even the ones on the job can be harrowing.

Like my friend who was slapped in an elevator by a male foreign national co-worker who called her all manner of awful things. She was so rattled she called me immediately afterward; she asked if she should report it as sexual harassment. I told her that it was assault and battery. But she was so worried about keeping her job she only reported it to her boss and human resources. The batterer, when confronted by management, said it was perfectly normal to treat women this way where he came from. So they sent him back to work overseas without further repercussions.

When Donald Trump’s victims say he acted inappropriately — touching them sexually without permission, taking advantage of their vulnerability as teenagers in dressing rooms, or worse — I believe them. I feel their deep discomfort. I know why they didn’t come forward sooner.

Because even their own kin may shame them or not believe them. Because the problem and the blame will be put on their shoulders and not on the perpetrators or on the authorities responsible for protection. Because the victimization doesn’t end with the revelation of the harassment or abuse.

Because their agency and power to consent will be violated again by a misogynist culture. The only exercise of autonomy they have is suppression of the facts to prevent re-victimization. They have emerged now because the stakes are incredibly high, just as they were in Thomas’ nomination to the Supreme Court, and because there is limited safety in numbers.

+ + +

Conservative men denouncing Trump after the “grab pussy” video emerged recently revealed something about them. They weren’t upset by Trump’s overt racism against Mexicans or xenophobic rants against Muslims. They only drew the line when Trump appeared to be a threat to their (white) women — “as a husband, as a father of daughters,” they prefaced their rejections of Trump’s behavior.

It’s no surprise they objectify women as things belonging to them. Women are just chattel to be controlled according to their ideology; female votes are to be corralled by cultural subjugation. Conservatives weren’t worried about their women’s votes.

But touching their property without permission is beyond the pale. It is not to be borne. This is the heart of the matter, why Trump’s support is weakening among conservatives. Trump threatens their exercise of control when he takes without their consent.

And while they can’t articulate this very well, it’s the nebulous threat Trump poses to the concept of consent of the governed which now bothers them. If he’ll grab their (wife’s/daughter’s) pussy without their consent (never mind women’s/girls’ consent), what else might this man grab non-consensually?

+ + +

I’m taking a risk here and making a statement which the rest of the emptywheel contributors may or may not agree with.

Apart from our posts on sports and the arts, this site is about consent. For example, we’ve written about:

— the march toward and conduct of an illegal war, illegal primarily because it was authorized without fully informed consent and the means by which the authorization was obtained was hidden even as it was investigated;
— the collapse of the economy in 2008, after the machinations of investment banks hid the perils of fraudulent subprime mortgages inside unregulated financial vehicles, in a manner to which the public could not fully consent;
— the ramp up to the Affordable Care Act, when single payer as an alternative was never fully considered, thwarting our true, mutual consent; when key representatives were shut out and suppressed, like Planned Parenthood for women’s reproductive health;
— the implementation of pervasive surveillance on U.S. citizens in ways which prevented our representatives from truly understanding the nature and scope of monitoring;
— the rise of technology foisted on consumers without public consent by way of adequate government oversight to ensure its safety and security.

It is this common theme, the consent of the governed and non-consensual acts of bad faith, which moves us to research and write.

Some argue that consent of the governed is rare or untenable. Obtaining unanimous consent is nearly impossible in complex societies. This is a key reason why representative democracy is necessary. We’ve constructed a framework over the last 240 years, though not perfect, operating at the consent of the governed. Government acts without consent — outside of the social contract we’ve built as constitution and law — are illegitimate and deserve vigorous pushback.

The threat to this one concept — our consent to be governed — about which conservatives have finally become concerned with Donald Trump’s candidacy for office. His personal behavior shows gross disregard for both personal and collective consent.

+ + +

It’s puzzling that so many conservative voters ignore the baggage Trump brings with him. It says something about the depth of their desperation to change the status quo that they would support someone with such an egregiously tainted background. Granted, the rest of the field competing for the GOP’s presidential nomination was pretty lackluster when not flawed. None of them possessed adequate charisma to overcome their individual problems.

Trump, in contrast, has more than a decade of constructed persona at his disposal. His name is a brand polished by highly produced television content aimed at both lower and middle-class Americans, from World Wrestling Federation appearances, to NBC’s reality TV show The Apprentice, to Miss USA and Miss Teen USA pageants. The banality of these appearances during prime time built an expectation among the broadcast TV viewing audience that Trump was benign. Safe, even, afforded repeated access to American homes through their televisions every week.

Their political consent was constructed without their full consciousness.

The public had already become inured to the idea of a broadcast entertainment personality becoming a politician, especially conservatives. Their favorite president, Ronald Reagan, had successfully made the transition from film and TV to the presidency. Many other politicians have since spent a considerable amount of time moving between broadcast entertainment and politics. It’s become normative to expect the thinnest of separations between these roles, to the point that Americans can’t see the production process between the human as a politician and the produced personality as branded content. They haven’t realized they are being sold a product which they buy with attention.

And they bought Donald Trump — hook, line, and sinker.

+ + +

Conservatives shot themselves in the foot, aided and abetted by Bill Clinton’s administration (oh, the irony). The elimination of the Fairness Doctrine prevented exposure to alternative views over broadcast networks, relying wholly on licensees to operate for the greater public welfare under the terms of their Federal Communications Commission license. The increasing consolidation of broadcast networks under a smaller number of media companies — coincidentally owned or controlled by conservatives as major shareholders or as editors — assured a consistency of content across the entire country. Large swaths of rural America had few if any alternatives to networks carrying conservative content.

Over time, internet access improved to rural America offering access to other alternative media, but not before the same regions with limited media had been fully indoctrinated in either conservative perspectives via talk radio or a narrow world view acquired from a small number of TV broadcasters. When they took to the internet, the indoctrinated sought the same perspectives.

In short, conservatives built their version of Radio Rwanda.

Decades of the Overton Window applied to conservatives’ ideology — gradually promoting the unthinkable and unacceptable to popular and policy — both assured conservatives with an authoritarian bent would remain corralled under the Republican Party, to serve the corporate interests of those who funded the party. But assuring these voters were captive and clearly separate from liberal ideology also assured another corporatist wolf was allowed in with their sheep.

Trump was on TV, and nobody on talk radio was bashing him. He must be safe, especially since he looks and sounds like everything conservatives promote as positive: anti-tax millionaire with family. America’s Radio Rwanda propelled Trump-as-construct everywhere.

+ + +

And now we know the rest of the story — or most of it. Conservatives brought a viper to their breast after making a pet of it, and now their political party is dying from its bite.

Like Rep. Jason Chaffetz, now voting for Trump, though only weeks ago he said Trump’s “locker room talk” was offensive; only months ago Chaffetz railed against the poisoning of Flint. Does Chaffetz really believe that Trump as president would do anything to support Flint let alone prevent other similar crises from happening? Does Chaffetz really believe Trump will protect the women of his family, let alone halt his locker room talk about women? What is it that Chaffetz as a conservative is really conserving, along with the rest of his House cohort? What is it his political party really stands for?

Ditto for Senator Mitch McConnell, who can’t be bothered to do anything more than laugh off Trump as his party’s leader.

Conservatives and the GOP manipulated consent, systematically removing opportunities for the public to make fully informed decisions.

And now they find they have been assaulted; their party has been taken from them.

Do they muddle along with and enable the abuser, trying not to make waves until they are rid of him, a la Paul Ryan?

Do they openly reject him and fight back when Trump turns on them, hoping like hell he is not elected and won’t raze them to the ground afterward?

Do they tack back and forth during these last two weeks of the election season, risking the displeasure of Trump’s supporters while trying to retain their position?

They could ask any woman who’s been sexually harassed or assaulted how they lived with their situation. They understand only too well what it’s like to suffer the loss of their agency and autonomy without their active, informed consent. Especially when no one else believes in them.

The rest of us will have to fight like hell to make sure this serial abuser doesn’t grab our country along with our pussies.

Third Presidential Debate — Open Thread

This is an open thread for the third presidential debate between major party candidates. It’s open to topics related to the debate topics and questions; let’s avoid other topics like sports or food, etc., unless they relate directly to the candidates.

Debate location: University of Nevada-Las Vegas, Las Vegas, Nevada

Time: 9:00 p.m. to 10:30 p.m. EDT (Nevada, however, is in MDT.)

Debate moderators: Chris Wallace, Fox News

Participants: Hillary Clinton and Donald Trump (Gary Johnson and Jill Stein did not qualify per Commission on Presidential Debates which organizes these events.)

The format for this debate is the same as the first presidential debate. A 15-minute segment will be dedicated to each of six questions posited by the moderator. Each candidate will have two minutes to respond to each question, with a short rebuttal allotted to each candidate. The moderator will use the balance of time to flesh out additional discussion on the topics.

It’s rumored Trump will try another ‘nuclear winter’ move by inviting guests whose presence may ruffle Clinton. His effort last debate — bringing women who accused Bill Clinton of sexual assault to a panel before and outside of the debate — didn’t appear as effective as he would like. Will he indulge in other threatening body language as he did during the second debate?

Other rumors suggest Clinton may invite members of the Central Park Five to rattle Trump, but this is probably unnecessary as 1) Trump has doubled down on his stupidity about the CP5’s guilt (they were exonerated by DNA evidence), and 2) he’s easy to rattle without any third parties’ assistance.

I don’t know about you but I think I need to stock up on tequila to get through this last gasp.

Tuesday: Disinfowar Dust Up

In this roundup: Disinfowar, fossil fuels’ finale, pipeline problems, and a longish short about evolving hope.

The embedded feature video here, Dust by Ember Lab, won a number of awards last year. It’s a gritty blend of real and fantasy, and the closest thing to a American feature film with an Asian lead (there were no true feature-length films with an Asian/Asian-American lead or co-lead last year). It’s a little exposition dense, but this is integral to the challenge of world-building for a sci-fi/fantasy story. I wouldn’t be a bit surprised to see this story extended into a true feature or a series.

Disinfowar
If you haven’t already read Marcy’s latest piece today, you should do so soon. We are now deep in disinfo slung by multiple parties.

The one thing that niggles at me about WikiLeaks’ involvement in this latest volley of disinfo: why didn’t WikiLeaks release the Podesta emails when they originally said they were going to do so?

Or was skanky political operative Roger Stone blowing more disinfo out his ass when he tweeted about the impending Wikileaks’ release?

And how does the concurrent “Trump pussy grab” video story interleave with the WikiLeaks’ disinformation? Let’s take a look at the timing.

Early September — WikiLeaks’ Julian Assange claims to have documents damaging to Hillary Clinton which would be released before the election.

30-SEP-2016 Friday — WikiLeaks cancels release of an info dump on Hillary Clinton due to alleged security concerns. The info dump has been framed by some as a potential ‘October surprise’.

02-OCT-2016 Sunday — 12:52 am: Roger Stone tweets “Wednesday@HillaryClinton is done”.

03-OCT-2016 Monday — Unspecified time: Producer at an NBC entertainment outlet Access Hollywood remembers video of Trump with Billy Bush.

03-OCT-2016 Monday — 5:55 pm: AP publishes story, “‘Apprentice’ cast and crew say Trump was lewd and sexist.”

04-OCT-2016 Tuesday — Date of canceled WikiLeaks’ info dump.

Midweek (no date/day given) — Access Hollywood’s executive producer Rob Silverstein and team have reviewed the video. A script is prepared for airing of video, but it will not appear Friday evening before the next presidential debate on Sunday.

05-OCT-2016 Wednesday — No WikiLeaks’ info dump.

07-OCT-2016 Friday — First thing in the morning, Access Hollywood was still working on story; an NBC source said the story “wasn’t quite finalized.”

07-OCT-2016 Friday — Noon: Washington Post’s David Farenthold asks NBC for a comment on the Trump/Billy Bush tape which had been leaked to him by unnamed source(s).

07-OCT-2016 Friday — 2-4:00 pm (approximately, exact publication time to be confirmed): Washington Post runs Farenthold’s story, “Trump recorded having extremely lewd conversation about women in 2005.”

07-OCT-2016 Friday — 11:03 pm: WikiLeaks tweets link to “The #PodestaEmails Part 1.

09-OCT-2016 Sunday — 9:50 pm: During the second presidential debate, Wikileaks tweets, “Hillary Clinton just confirmed the authenticity of our #PodestaEmails release of her paid speeches excerpts.

10-OCT-2016 Monday — 9:36 am: WikiLeaks tweets link with “RELEASE: The #PodestaEmails part two: 2,086 new emails.

A Google Trends snapshot of key words from these two stories also tells the story. To be fair, though ‘pussy’ spiked on Friday, it’s a pretty popular internet search term (in case this had not occurred to some of our readers).

[Source: Google Trends - compare terms:'wikileaks', 'hillary', 'podesta''pussy', 'billy bush']

[Source: Google Trends – compare terms:’wikileaks'(blue), ‘hillary'(red), ‘podesta'(yellow), ‘pussy'(green), ‘billy bush'(purple) – click to expand]

Really convenient timing, no matter the validity of the content in the emails.

Wheels

  • Germany’s upper house of parliament wants combustion engine cars off the roads by 2030 (Reuters) — This is one of the most important stories so far this year: one of the largest single nation economies in the world wants to end use of gasoline- and diesel-fueled vehicles within its borders inside 18 years. How will this impact Volkswagen Group, the largest automaker in EU? At least VW now has impetus to move completely away from its failed passenger diesel engines. Political parties across the Bundesrat, the upper house, support ending sales of combustion engine vehicles. What next steps Germany will take is unclear as is the next possible response by the EC in Brussels.
  • VW’s CEO Matthias Mueller knew nothing about passenger diesel vehicle scandal (Reuters) — Might be plausible that Mueller didn’t know anything about VW and Bosch tweaking engine control units to defeat emissions standards since Mueller was the head of Porsche before VW Group appointed him to replace Martin Winterkorn. And we all know Porsche isn’t the first brand you’d seek when shopping for either passenger diesel vehicles or fuel efficiency.
  • Fiat Chrysler and Canadian union Unifor avoid a strike (Detroit Free Press) — The deal includes updates to two plants and a restructuring of workers’ wage scale while working around the impending demise of the Chrysler 200 and Dodge Dart car models. No mention of self-driving/autonomous cars in FCA’s future lineup, if any.

Pipe meets face

  • Russian facial recognition software IDs 73% of people of of million-person database (Wall Street Journal) — This application developed by startup NTechLab beat Alphabet’s facial recognition software. This gives me the fecking creeps, especially considering the countries interested in buying this software.
  • Facial recognition app failed when used at pipeline protest (Indian Country) — A Crow Creek Tribe activist found he had been ‘identified’ as a pipeline protester by facial recognition software though he had been at a family event elsewhere during the time he was alleged to participate in the protest.
  • Pipeline construction work resumes after appeals court ruling against tribes (ABC News) — In a stunningly callous move, U.S. Court of Appeals for the D.C. Circuit issued a decision Sunday evening — before Columbus Day, the observation which offends Native Americans — denying Native American tribes’ request for an injunction to stop construction of the Dakota Access Pipeline. Work on the pipeline picked up again today, though the tribes vow to continue their protests. Protesters were arrested yesterday for trespassing, including actor Shailene Woodley. Woodley may have been selected in particular because of her high media profile and because she was streaming the protest online.

Longread: Asymmetry’s role in Trump’s rise
Worth reading NYU’s Jay Rosen on media’s inability to deal with asymmetry in the U.S. political system, and how this permitted Trump’s elevation as a presidential candidate. Personally I take issue with the concept that the “GOP has become an insurgent outlier in American politics.” In a two-party system where nearly half the population identifies with either one of these parties, neither of the two parties can be insurgent or an outlier.

Instead, this asymmetry — the departure from the past equivalency of either of these two major parties — results from the application of the Overton Window over decades to move nearly half the population toward a more conservative consensus. Applied too much, too often, and nearly half the population has adopted an ideology which is incompatible with the values espoused by a critical mass of this nation before the Overton Window was applied.

And the media, like meteorologists focusing on the day’s weather — is it cloudy or sunny? rain or shine? — missed the entire shift of the political climate toward fascism. Rather like the financial crisis of 2008, for that matter, when they failed to adequately look at the big picture before the entire economy went over the cliff.

That’s a wrap. Make sure you’re registered to vote as many states have deadlines today. Check in with housebound and with college students to see if they are registered and encourage use of absentee ballots where appropriate. Absentee voting has begun in some states.

Second Presidential Debate — Open Thread

This is an open thread for the second presidential debate between major party candidates. It’s open to topics related to the debate topics and questions; let’s avoid other topics like sports or food, etc., unless they relate directly to the candidates.

Debate location: Washington University, St. Louis, Missouri

Time: 9:00 p.m. to 10:30 p.m. EDT (Missouri, however, is in CDT.)

Debate moderators: Martha Raddatz, ABC News, and Anderson Cooper, CNN

Participants: Hillary Clinton and Donald Trump (Gary Johnson and Jill Stein did not qualify per Commission on Presidential Debates which organizes these events.)

The format for this debate is a town hall. I have no idea as I type this what questions will be put to the candidates.

Or I should say I can only imagine a couple questions the moderators may ask based on the release of a certain audiotape on Friday.

ADDER: Looks like Trump has gone nuclear winter on Clinton, having a panel in advance of the debate with Juanita Broaddrick, Paula Jones, Kathleen Willey.

When Donald Trump Doubled Down on Donald Sterling’s Racism, Bigotry and Misogyny

zazopqyThe political hills are alive with the sound of ever more stories of racism, bigotry and misogyny on the part of Donald Trump. What started with his amazing campaign announcement that Mexico was sending drugs, crimes and rapists as immigrants to the US has morphed into an ever expanding portfolio of hatred and otherism with his racism and misogyny pointed at former Miss Universe Alicia Machado as only the latest sick example.

But not that long ago, back in the spring of 2014, it was another Billionaire Donald, Donald Sterling, owner of the Los Angeles Clippers, displaying his racism, bigotry and misogyny towards his girlfriend. From New York Magazine:

The tape is of an April 9 argument between Sterling and his girlfriend, V. Stiviano, who had apparently angered the octogenarian charmer by posting a photo of Magic Johnson and herself on Instagram. “It bothers me a lot that you want to broadcast that you’re associating with black people. Do you have to?” says Sterling to Stiviano, who just happens to be black and Mexican. “You can sleep with [black people],” he explains. “You can bring them in, you can do whatever you want. The little I ask you is not to promote it on that … and not to bring them to my games.”

Other highlights from the recording include Sterling advising Stiviano that “In your lousy fucking Instagrams, you don’t have to have yourself with, walking with black people” and requesting that she “not bring [Johnson] to my games.”

So, what happened when the current Billionaire Donald, Donald Trump, was asked about Sterling’s deplorable statements? Did he decry them and say how improper and unacceptable they were? No. Of course not. Trump went off on a rant cravenly attacking the woman in the situation. Again, from New York Magazine:

Meanwhile, as calls for Sterling to leave the league continue to mount, Donald Trump sees the whole thing as the result of Sterling being “set up by a very, very bad girlfriend.”

“She’s called the ‘girlfriend from hell,’” said Trump while talking about Stiviano on Monday’s Fox & Friends. “She was baiting him and she’s a terrible human being. The way she led him along, I mean — he should know if he were there, if he was with it, he would know after one or two of those questions that she was asking that there’s something going on here.”

That seems to be the pattern and life view for Trump. Billionaire racists can do no wrong, and women are terrible humans to be ogled and disposed of as chattel at will. Once the Donald, always the Donald. It is just who he is.

America, Friday Night Lights and Ditka Is An Ass Trash

_91332625_091716-woodrowwilsonhighschoolfootballteam-ss14Colin Kaepernick started something when he sat, and then kneeled, for the Star Spangled Banner. Not sure he knew or fully intended the scope of reaction he generated, but generate it he did. It has led to much consternation and discussion across sports, media and the nation’s conscience. Not yet to the significance of the #BlackLivesMatter effort, but remarkably substantial.

“I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color,” 49ers quarterback Colin Kaepernick said of his decision to kneel during a pregame performance of the national anthem.

The action, which Kaepernick said was intended to draw attention to the way law enforcement, and American society in general, treats minorities, has since been adopted by other athletes, professional and otherwise, around the country.

Critics, like Donald Trump and Ted Cruz, have upbraided Kaepernick and others for an action that they say is disrespectful and unpatriotic. Kaepernick recently shot back, saying “there’s a lot of racism in this country disguised as patriotism.”

I always had some doubts about Kaepernick as an upper tier QB in the NFL, but nobody who has listened to him talk about his basis for doing what he has, and read about his backstory, can doubt his sincerity and motivation in what he is doing as to seeking social commentary, action and remediation.

Oh, and before you get too wrapped up in your flag, patriotism and the holier than thou national anthem, take a gander at the third verse Francis Scott Key wrote, and that is now oh so conveniently omitted from the hallowed singing of it:

And where is that band who so vauntingly swore
That the havoc of war and the battle’s confusion,
A home and a country, should leave us no more?
Their blood has washed out their foul footsteps’ pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:

And the star-spangled banner in triumph doth wave,
O’er the land of the free and the home of the brave.

Yeah. Our precious national anthem, from the conveniently omitted third verse, to other descriptions of only “free men”, was really a racist ode to slavery and oppression. Go figure. How dare Colin Kaepernick, or any other citizen possibly object??

Now there is a distinction, often poorly understood, between free speech, and free speech that is protected by the Constitution. The former is what we pretend to ascribe to, the latter is that which the Constitution, mostly, protects from from impingement from government law and/or censorship. There is a difference. And, no, please, do not even think about netsplaining to me that there are limits because “fire in the theater”, lest I have to reach through the inner tubes and strangle the last ounce of life out of you.

Even the craven cop unions which have predictably displayed their belligerence and ignorance over national anthem protests are likely not government actors per se impinging on Kaepernick and others free speech. Unamerican jerks who have no clue what the founding principles (including life other than those in blue) stand for, sure, but that is it.

Before this morning, I might have ended there with a few more words about the dubious antics of jacked up militarized police unions. But then Hall of Fame coach and player Mike Ditka went off in full ignorant racist bigot mode:

Anybody who disrespects this country and the flag, if they don’t like our flag then get the hell out,” he said on Dallas’ 105.3 The Fan. “That’s what I think. So if you’re asking me, I have no respect for Colin Kaepernick.

Yikes. That is not the lovable, if cantankerous, “Da Bears” guy Ditka has made a living existing on. Not to be impolitic or anything, but Mike Ditka can go fuck himself. And, since we are all entitled to our opinion without having to leave the country of our birth and residence, there will be no call here for him to go elsewhere. But I’d sure rather have a thoughtful human like Colin Kaepernick, concerned about racism and fundamental rights, than a blowhard fat jackass like Mike Ditka if it came down to a choice for a neighbor.

And then I saw the story of Coach Preston Brown and the Woodrow Wilson Tigers of Camden, New Jersey. The Tigers don’t play on Sunday like the oh so important NFL, nor even on Saturday with the NCAA elite. They play on Friday nights (okay, sometimes Saturdays), and make it through the week to get there through grit, determination, character and the love of their coaches, led by Preston Brown.

As the head coach of the Woodrow Wilson High School Tigers, he took on the 24-hour-a-day job of being a mentor and a father figure to 68 young men and boys who are growing up in one of the poorest cities in the US. The 31-year-old spends his own money to feed them when they’re hungry. He gives them a place to stay when they have nowhere to go.

So why do so many strangers want him out of a job?

“You are a disgrace to your high school and a coward.”

“I will help them fire you … I hate you with all my heart.”

“Get the f*ck out of this country if you don’t like it you anti-American asshole.”

Brown – a married father of three – wakes up every morning to emails, Facebook messages and voicemails questioning his intellect, his humanity, his patriotism.
For the past two weeks, the Camden City School District has received dozens of calls from across the country, calling for Brown’s dismissal. A local radio personality denounced his “ignorance, shame and stupidity” on the air.

The sin that Brown committed: on 10 September, at the Woodrow Wilson Tigers’ first game of the season, Brown refused to stand for the playing of The Star-Spangled Banner. Instead, he took a knee in a silent protest.

With the exception of two players, the entire Tiger football team joined him. A local sports reporter captured the incident on video – a row of players kneeling in their black and orange uniforms – and posted it online. By evening, the story had gone viral.

Ain’t that America? It is not all little pink houses and white picket fences. The American ethos will not succeed from the top down. Decades of income inequality, land barons, corporate depravity and arrogant Trumpism have proven that. It will come, if at all, from the streets and ground up.

Read the full story. I implore you, read the thing. It is long, but oh so worth it. Preston Brown is a man, a teacher, a leader, and everything that is America. At least that we are supposed to cherish and that we deign to claim with the drumbeat of “American exceptionalism”.

Colin Kaepernick and Preston Brown clearly don’t know each other in the least. but while Kaepernick started a valuable conversation, let the story of the Preston Browns, and the students he is shaping, be the bigger story. And that is the thing, a single man like Brown or Kaepernick can start a fire, even tend it somewhat, but it is up to those it touches to absorb the heat and take it further. So, for all the focus on Preston Brown, let the admiration also be for the students and players at Woodrow Wilson High who are buying into the message and taking it to heart. This is how a difference is made, both small and large.

Okay, moving along to the games, there are a few good choices in the NCAA. The best of the lot is probably Wisconsin at Michigan State. Sparty, despite their 2-0 record looks off this year, and the Badgers look on. But the game is in East Lansing, so I rate it a pick em. Georgia is at Ole Miss, and I will take the home team in an upset. Jim White’s Gators are at Neyland stadium to take on the Vols. Shaky on this, but will take another home team for the upset. And then there is the Stanford Trees at UCLA. There is an old joke that goes “what happens when the smog lifts in Southern California”? The answer is “UCLA”. Okay, lame joke, can’t pick against a McCaffrey, but this has trouble for the Trees written on it.

In the pros, Jacoby Brissett and the unstoppable Patriots have already dispatched Houstonians. But Brissett injured his thumb, and I am calling for the signing of Tebow to play and win the next game. That would truly cement the Belichick legacy. Broncos at Bengals and Lions at Green Bay will be critical games. The Cheese has looked Swiss with holes early on this season. The Kittehs look dangerous. We shall see. The really exciting matchup is the Steelers versus the Eagles in Philly. Carson Wentz and the revamped Iggles under Doug Peterson have been great so far. But Big Ben, Antonio Brown and D’Angelo Williams are rolling. This should be a great game, but have to take the Stillers. Lastly, Honey Badger and Pat Peterson are coming for these two clowns.

Music this week by John Mellancamp. That is it. Go, set forth, and make America great again (by voting against Trump).