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Here for Misogyny’s Ratio

[NB: Not Marcy, check the byline, thanks! /~Rayne]

This tweet is a flaming POS and the ratio of Comments to Likes reflects a similar collective sentiment (currently running 7-to-1 Comments to Likes:

Wipe the shocked look off your face, Andrew. Believe it or not, secondary education instructors often have day jobs, and professionals often have instruction gigs.

Those day jobs ensure they are more qualified to speak about their field than instructors who teach on the subject directly out of school.

Best classes I ever took were taught by adjunct professors because they had real life experience to use as examples. (My favorite was my business ethics class taught by a local judge.)

This isn’t restricted to the law, either; pick a field from humanities to STEM and you’ll find instructors who are working in their profession while teaching.

But Andrew Kaczynski isn’t the only problem. The article he retweeted has a problem smack in the middle of it which gives me pause — it’s so bad I have to wonder how much of the rest of this report by Washington Post journalists Elise Viebeck and Annie Linskey may need vetting.

This bit:

One of her most controversial clients was Dow Chemical, which she advised in the mid-1990s. A subsidiary that manufactured silicone gel breast implants faced hundreds of thousands of claims from women who said their implants caused health problems. Dow Chemical denied that it played a role in designing or making the implants and sought to avoid liability as its subsidiary, Dow Corning, declared bankruptcy.

“In this case, Elizabeth served as a consultant to ensure adequate compensation for women who claimed injury from silicone breast implants who otherwise might not have received anything when Dow Corning filed for bankruptcy,” Warren’s list of cases read. “Thanks in part to Elizabeth’s efforts, Dow Corning created a $2.35 billion fund to compensate women claiming injury from Dow Corning’s silicone breast implants.”

The Post could not immediately verify this figure.

Emphasis mine. It took me less than 30 seconds to Google “dow corning $2.35 billion fund” and come up with In re Dow Corning Corp., 280 F.3d 648 (6th Cir. 2002):

And I didn’t have access to resources like the Washington Post’s team — cripes, WaPo probably reported on this case. It’s probably in their archives. What else in this article picking through Elizabeth Warren’s work history is just as thinly researched?

We have a malignant narcissistic lifelong scofflaw in office because the media was unwilling to do adequate research into his background before 2016. They focused to excess on the leading female candidate who had already been heavily researched during her tenure as First Lady, junior senator from New York, and Secretary of State.

Now we see slapdash research pushed misogynistically, to the detriment of a candidate who has also served in public office and proven her work history has informed her work as a senator and her policy proposals.

Imagine it: a corporate lawyer who, after working as a lawyer for corporate clients, decides they need more oversight like the Consumer Financial Protection Bureau and corporations’ owners need to pay more taxes.

But the media wants you to take away from their coverage that she’s been paid by corporations you may not like while teaching at the same time.

Wait until they figure out she’s a mother, too. OMFG!!1! What kind of being can possibly do all that — parent two kids, teach, and bill out at $675 an hour?

Give me a fucking break.

Reporters: Stop this goddamned double standard immediately. Do a better job of reporting, stay focused on what’s relevant and quit making sensation out of nothing.

Readers: Be more skeptical of everything you read, and when you read, do so carefully. Don’t rely on stupid white men’s tweets to tell you the truth. Demand better quality reporting.

This is an open thread.

The Future of Regulation in the Perma-Cyber-Infowar

[NB: Check the byline, thanks! /~Rayne]

Looks like we could use an open thread to discuss all the stuff not directly related to the Trump-Russia investigation.

I do want to toss out a topic we should visit given the transition of power in the House from one political party to another and the sea change over the last several years in public awareness about information security.

Most regular readers here have been aware of the dynamic tension between civil liberties and national security, individuals’ rights to privacy and autonomy too frequently falling victim to the state’s efforts to surveil and control.

This site has wrestled with the threats to privacy and security posed by hardware (like cell phones and servers) and software (like vulnerabilities, ransomware, cyberweapons).

But how do we address the threats social media and other information platforms pose? Can we really ignore that Facebook has been weaponized against its country of origin let alone other host nations from the U.K. to Myanmar? Does Sen. Elizabeth Warren’s proposal to break up the largest social media platforms and label them ‘platform utilities’ under a new regulatory structure adequately address users’ privacy rights, information security, and national security?

How far should we push for disclosure of proprietary intellectual property like the platforms’ algorithms? How do we regulate the operation of these without jeopardizing their viability?

Do we need a mandatory ethical standard to which startups must build and existing platforms must comply? Facebook’s iffy interpretation of user consent to use in academic research, for example, was key to its weaponization. What regulatory standard would have prevented the abuse of users’ trust and their data?

Does the likely permanence of cyber warfare as well as information warfare require more or less than Warren has proposed?

Hash it out here in comments. Bring all the stray dog-and-cat issues as well.

Let Them Eat (Starbucks’ Coffee) Cake

A couple of older billionaire white dudes have been shooting off their mouths. One of them is partially clued in. The other one apparently lives on a different planet where the sky is a groovy coffee-colored plaid.

I’m sure I’m preaching to the choir when I point out these facts:

The links above include scolding by financial experts who say Americans need to do a better job of saving. But…

Don’t get me started on what college tuition and subsequent debt does to Americans’ ability to save.

We all know that health care costs have not improved and remain the leading cause of bankruptcy in the U.S. even though more Americans have health insurance under ACA.

And rich older white dudes are completely, utterly, hopelessly out of touch about the financial facts of life for nearly half of Americans let alone the next 2-3 deciles.

Like Wilbur Ross — our Commerce Secretary who lied about his assets and clearly knows nothing about Americans’ daily commerce — struggled to comprehend why federal employees might need to use a food bank after missing a paycheck.

Just get a loan, Ross thinks. Sure, sure, banks give signature loans to people without any collateral let alone a source of income all the time. Come on, Wilbur: would you invest in a bank offering those kinds of terms to the average Joe/Josephine off the street?

And then there’s Trump, who thinks we can just ask the grocer to extend some credit for an unspecified period of time. Right — a nationwide grocery chain clearing 1-3% a year in profits can afford to extend credit.

So goddamned clueless he is. I’m only surprised he didn’t tell furloughed federal workers he’d give them a 5% discount to play golf at one of his courses during their free time.

76-year-old billionaire Michael Bloomberg, who thinks he’s still young enough to run for president in 2020, trashed Sen. Elizabeth Warren’s wealth tax proposal as “probably unconstitutional,” thereby revealing his brain’s atrophy. If taxing higher levels of income wasn’t unconstitutional under Hoover, Roosevelt, Truman, Eisenhower, Kennedy, Johnson, Nixon, Carter, then it probably isn’t unconstitutional.

And then Seattle coffee magnate Howard Schultz popped off at Rep. Alexandria Ocasio-Cortez’ proposals to increase marginal tax rates on the uber-wealthy, calling her “a bit misinformed” and her proposal “un-American.”

Except the U.S. had higher tax rates on the wealthy, for most of the 20th century. The country could afford to build more infrastructure; it built a successful public school system and went to the moon. How nice for Schultz that he could grow up and become a young entrepreneur in that economic environment.

(Put a pin in here for future reference, as a reminder that Schultz not only called AOC “un-American” but Sen. Kamala Harris, too. It’s as if he has a problem with women of color…)

Schultz thinks he has become a billionaire all on his own, as if the increasingly fascist political system with its active suppression of younger, marginalized citizens played no role in his wealth accumulation.

As if the last two decades of stagnant wages due to employment monopsony, repressive Federal Reserve policies, and the real estate market haven’t helped line his pockets by assuring low-wage workers get locked in and unable to move to better paying jobs.

Schultz has been able to accumulate massive amounts of wealth on the backs of people who aren’t being paid living wages, out of the wallets of those whose limited resources allows them to buy a coffee but not a house or health care. He’s rolling in a sea of cash because minimum wage workers are living in little more than indentured servitude.

You know what’s really un-American?

An ungrateful and narrow-minded billionaire white dude who doesn’t think living wages and health care for everyone are fair, who thinks that higher taxes after his first $50 million are theft.

A purveyor of luxury beverage products unable to grasp the unselfish commitment it will take to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty for all the people.

At least Bloomberg sees the danger Schultz’s presidential candidacy poses to this country.

But Schultz isn’t in it for the country’s benefit. He’s in the race for himself. It’s clear he’s done the number crunching and determined that it’s cheaper to run for POTUS even if he were to cause Trump to win re-election. (I’ll bet he’s even figured out how to write off his exploratory trips around the country as a business expense.)

Because the campaign expenses are less than the cost to his personal wealth if he were taxed at a higher rate and if he were also forced to pay living wages to his workers.

What a pity Schultz hasn’t calculated how much more overpriced, excessively roasted coffee minimum wage workers can buy if they didn’t have to worry about health care expenses on top of their rent.

 

Treat this as an open thread.

Nevertheless, She Persisted

One of the most disgusting events recorded in U.S. Senate history occurred last night while Senate Democrats held the floor to debate Jeff Sessions’ nomination as U.S. Attorney General.

Senate Leader Mitch McConnell used a gag rule to stop Elizabeth Warren from reading Coretta Scott King’s 1986 letter to the Senate Judiciary Committee about Jeff Sessions’ efforts to suppress African American voters and his fitness to serve as a federal judge.

This is breathtakingly offensive.

A Senator denied a First Amendment right, unable to participate in speech and debate in their role on behalf of constituents.

The suppression of an historic written statement by an historic figure, presented decades ago to the Senate.

A woman Senator prevented from speaking as part of a governmental body whose composition is 79% men.

The quashing of fact regarding a cabinet nominee’s racist behavior as a former member of law enforcement, germane to their unsuitability as U.S. Attorney General.

And most horrifically, the use of a gag rule circa 1836, instituted by white supremacist members of Congress who prevented abolitionists from speaking about ending slavery.

The Party of Lincoln is dead. It is a zombie animated by hatred, intent on hurting any who pose a threat to its continued grasp on power. It doesn’t take seriously its oath of office, instead resurrecting archaic nonsense to deprive the people of their rights while encouraging corruption.

In summoning Rule XIX and cementing his wretchedness into Senate record, McConnell said about Warren, “She was warned. She was given an explanation. Nevertheless, she persisted.”

She will, indeed, persist, Senator McConnell. She and millions of Americans will persist in their rejection of white supremacy and fascism which relies on it. You have generously offered a rallying cry for our resistance.

And when your body finally relinquishes the venal energy which moves it daily, know that whatever memorial is mounted for you will be visited for the next hundred years by women and minorities who’ll paste it with mementos which read, “Nevertheless, she persisted.”

Surrogating the 2016 American Presidency

Tonight was the opening of the Democratic National Convention. It was a rather stunning difference from the scenes on the street yesterday and today, where there were minimal and well behaved cops in Philly as contrasted with the warrior cop oppressive stormtrooper presence in Cleveland. From my reporter friends from the Arizona Republic, the food is totally better in Philly too. Hey, armies move on food, and cheesesteaks rule.

Is everything coming up roses? Nope. There was the whole Debbie Wasserman Schultz thing. She was well advised by our friend David Dayen to stay away and excommunicate herself from the convention podium. But, crikey, the rest simply looks beautiful. Sanders supporters marching in the streets for change, mostly unfettered and unoppressed, other voices being heard, and all relative delegates meeting and co-existing in the halls. This ain’t the dysfunctional RNC bigoted shit show. That, in and of itself, would be worth this post. There is more.

Don’t let cable coverage and the relentless yammer of their panels of self interested toadies fool you, the few true camera pans at the RNC showed more than a few empty seats and a far smaller crowd (especially in the upper decks) than displayed tonight at the DNC.

The real tell, in difference, was in the quality of the speakers and presentation. The only lasting memory from the RNC’s opening night was the embarrassing plagiarism in Melania Trump’s speech. Honestly, my bet is that is not on her, but the understaffed and idiot handlers her narcissistic, yet bumbling, husband provided. That said, it was a res ipsa loquitur deal and, in the end, spoke for itself. What else do you remember from that night other than Tim Tebow did not appear? I got nuthin.

The first night of the DNC in Philly, however, came with a litany of decent and well presented folks presented to a full and energetic hall. Emphasis on full. The dynamics in staging and presentation were stark. As were the quality and mental coherence of the speakers. The first electric moment came when Sarah Silverman, who along with Al Franken, was doing a bit and intro to Paul Simon singing (a geriatric, albeit mesmerizing) Bridge Over Troubled Water. Silverman and Franken had to kill an extra 120 seconds or so and she blurted out some hard, and real, truth that her fellow Bernie Sanders supporters who refuse to help Clinton defeat Trump are flat out “being ridiculous”. Truer words have never been spoken.

But soon came Michelle Obama to the podium. I am not sure I have the words to describe how good Michelle was. As a convention speaker, a surrogate, a leader, a mother and as a First Lady embodying all of the above. Michelle Obama killed it. She blew the joint up. I don’t know how else to describe it, but if you did not witness it live, watch the video up at top. Just do it.

Frankly, at the conclusion of Michelle Obama’s speech, it was hard to see how the last two key speakers, Elizabeth Warren and Bernie Sanders, could possibly top the moment. Sadly, they could not. Liz Warren gave a great, and often in depth, speech. One that absolutely slayed Donald Trump in nearly every way. On its own, it would have been noteworthy. But sandwiched between the brilliance of Michelle Obama and Sanders, with his acolytes cheering and hers still reeling, it seemed good, but not great.

Bernie Sanders caught a little more fire, but mostly because of his yuuge contingent of supporters. And that is not just a good thing, it is a great thing. Sanders did everything, and more, he should have done in this speech by ginning up the classic points and issues his campaign, and its followers, were built on…and then transferring them to Clinton.

It did not work perfectly, but this will be a process up until the election date on November 8. Bernie went a long way, gracefully and patiently, tonight. And, while the cheering crowd appeared to be much more than just the “Sandernistas”, all of the hall seemed to get on board. That, along with Sarah Siverman telling holdout Bernie Busters to wake up and not be ridiculous, were giant steps in unifying support for Clinton over Trump.

Listen, I have been around the block a few times, and know I am supposed to lead with the headline. Sorry, this one worked up to it, and here it is. The RNC and Trump got their lousy bounce because the media, once again, cravenly portrayed what happened in Cleveland as normal, and tit for tat, with what is happening, and will happen, in Philadelphia. That is simply a ratings and craven click germinated lie. The difference is stark.

Nowhere is it more stark than in the picture painted as to the surrogates who will come out of the respective conventions to campaign for their respective candidate between now and November 8.

Um, let’s see, for the GOP we have Newt, Carson, Melania, Thiel, Flynn, Joe Arpaio and Chachi Baio. I excluded Ivanka because she might actually be competent. Seriously, that is basically it for Trump surrogates. From the whole convention. Even Clint Eastwood’s chair took a pass in this, the year of the Orange Faced Short Fingered Vulgarian Bigot.

Let’s compare that with what came out of the Democratic Convention’s first night. Sarah Silverman, Al Franken, Paul Simon, Eva Longoria, Corey Booker and, then, the big three…Michelle Obama, Liz Warren and Bernie Sanders. That is just the first night folks.

See a bit of a dichotomy in personality and credibility there?

Then picture that Clinton’s road warrior surrogates will include not just the above, but also Joe Biden, President Barack Obama and the Big Dog himself, Bill Clinton.

Elections are won in the trenches. Say what you will about Hillary Clinton, and I will probably join you on many negatives, but the Clintons do have a ground operation. And their surrogates are like the 1927 Yankees compared to the Bad News Bears for Trump and the RNC. How will Trump bolster his bench, by bringing in Roger Ailes to molest the women of America? Is there another ground plan for the Trump Juggalos?

Sure, Clinton can still muck it up and lose. She, and the DNC, have been beyond pathetic in how they have treated nearly half their party, and much of their activist base, during the primaries and aftermath. Not just ugly, but stupid. They deserve any hell they get for that, whether it comes from appropriately enraged Sanders supporters or from press reporting on hacks (THE RUSSIANS ARE COMING, THE RUSSIANS ARE COMING!!!)

Bottom line is this: Which set of surrogates would you think would do a better job spreading out over the country: Crazy Newt, Racist Flynn, Bigot Arpaio and Chachi, …. or Michelle Obama, Liz Warren, Bernie Sanders, Barack Obama and Joe Biden?

Think I will go with the latter, and I think they will reach a heck of a lot more voters who will actually engage than will the trite and petty bigots Trump will have on the public offer.

And the Dems have a laundry list of other quality surrogates who will stand up. Trump has apparent Klan worthy members like Jeff Sessions, felons like Don King and Mike Tyson, and people who seek to be them.

Who you gonna call when it comes time to vote?

Seems like an easy decision, especially when you consider that the next 30 to 35 years of ideological control of the Supreme Court hang in the balance.

Cy Vance Calls It In Dumbly on Smart Phones

There are two things Cy Vance (writing with Paris’ Chief Prosecutor, the City of London Policy Commissioner, and Javier Zaragoza, Spain’s High Court) doesn’t mention in his op-ed calling for back doors in Apple and Google phones.

iPhone theft and bankster crime.

The former is a huge problem in NYC, with 8,465 iPhone thefts in 2013, which made up 18% of the grand larcenies in the city. The number came down 25% (and the crime started switching to Samsung products) last year, largely due to Apple’s implementation of a Kill Switch, but that still leaves 6,000 thefts a year — as compared to the 74 iPhones Vance says NYPD wasn’t able to access (he’s silent about how many investigations, besides the 3 he describes, that actually thwarted; Vance ignores default cloud storage completely in his op-ed). The numbers will come down still further now that Apple has made the Kill Switch (like encryption) a default setting on the iPhone 6. But there are still a lot of thefts, which can not only result in a phone being wiped and resold, but also an identity stolen. Default encryption will protect against both kinds of crime. In other words, Vance just ignores how encryption can help to prevent a crime that has been rampant in NYC in recent years.

Bankster crime is an even bigger problem in NYC, with a number of the worlds most sophisticated Transnational Crime Organizations, doing trillions of dollars of damage, headquartered in the city. These TCOs are even rolling out their very own encrypted communication system, which Elizabeth Warren fears may eliminate the last means of holding them accountable for their crimes. But Vance — one of the prosecutors that should be cracking down on this crime — not only doesn’t mention their special encrypted communication system, but he doesn’t mention their crimes at all.

There are other silences and blind spots in Vance’s op-ed, too. The example he starts with — a murder in Evanston, not any of the signees’ jurisdiction — describes two phones that couldn’t be accessed. He remains silent about the other evidence available by other means, such as via the cloud. Moreover, he assumes the evidence will be in the smart phone, which may not be the case. Moreover, it’s notable that Vance focuses on a black murder victim, because racial disparities in policing, not encryption, are often a better explanation for why murders of black men remain unsolved 2 months later. Given NYPD’s own crummy record at investigating and solving the murders of black and Latino victims, you’d think Vance might worry more about having NYPD reassign its detectives accordingly than stripping the privacy of hundreds of thousands.

Then Vance goes on to describe how much smart phone data they’re still getting.

In France, smartphone data was vital to the swift investigation of the Charlie Hebdo terrorist attacks in January, and the deadly attack on a gas facility at Saint-Quentin-Fallavier, near Lyon, in June. And on a daily basis, our agencies rely on evidence lawfully retrieved from smartphones to fight sex crimes, child abuse, cybercrime, robberies or homicides.

Again, Vance is silent about whether this data is coming off the phone itself, or off the cloud. But it is better proof that investigators are still getting the data (perhaps via the cloud storage he doesn’t want to talk about?), not that they’re being thwarted.

Like Jim Comey, Vance claims to want to have a discussion weighing the “marginal benefits of full-disk encryption and the need for local law enforcement to solve and prosecute crimes.” But his op-ed is so dishonest, so riven with obvious holes, it raises real questions about both his honesty and basic logic.

Gang of Transnational Crime Organizations Roll Out Own Encrypted Communication System

When Michael Chertoff made the case against back doors, he noted that if the government moved to require back doors, it would leave just the bad guys with encrypted communications.

The second thing is that the really bad people are going to find apps and tools that are going to allow them to encrypt everything without a back door. These apps are multiplying all the time. The idea that you’re going to be able to stop this, particularly given the global environment, I think is a pipe dream. So what would wind up happening is people who are legitimate actors will be taking somewhat less secure communications and the bad guys will still not be able to be decrypted.

I doubt he had the Transnational Crime Organizations on Wall Street in mind when he talked about the bad guys “still not be able to be decrypted.”

But HSBC, JP Morgan Chase, Citi, Deutsche Bank, Goldman Sachs and the other big banks supporting Symphony Communications — a secure cloud based communications system about to roll out — are surely among the world’s most hard-core recidivists, and their crime does untold amount of damage to ordinary people around the globe.

Which is why I’m so amused that Elizabeth Warren has made a stink about the imminent rollout of Symphony and whether it will affect banks’ ability to evade what scant law enforcement might be thrown their way.

I have [] concerns about how the biggest banks use of this new communications tool will impact compliance and enforcement by the Department of Justice [Warren sent versions of the letter to 6 regulators] at the federal level.

My concerns are exacerbated by Symphony’s publicly available descriptions of the new communications system, which appear to put companies on notice — with a wink and a nod — that they can use Symphony to reduce compliance and enforcement concerns. Symphony claims that “[i]n the past, communication tools designed for the financial services sector were limited in reach and effectiveness by strict regulatory compliance … We’re changing the communications paradigm” The company’s website boasts that it has special tools to “prevent government spying,” and “there are no backdoors,” and that “Symphony has designed a specific set of procedures to guarantee that data deletion is permanent.”

Warren is right to be concerned. These are serial conspiracists on a global scale, and (as Warren notes elsewhere) they’ve only been caught — to the extent that hand slaps count as being caught — when DOJ found the chat rooms in which they’ve colluded.

That said, the banks, too, have real reason to be concerned. The stated reason they give for pushing this project is Bloomberg’s spying on them — when they were using Bloomberg chat — for reporting reasons, which was revealed two years ago. The reference to government spying goes beyond US adversaries, though I’m sure both real adversaries, like China, and competitors, like the EU, are keeping watch on the banks to the extent they can. But the US has spied on the banks, too. As the spy agency did with Google, the NSA spied on SWIFT even though it also had a legal means to get that data. I wouldn’t be surprised if the rise in bank sanctions violations in recent years stemmed from completely necessary spying if you’re going to impose sanctions, but spying that would compromise the banks, too. Remember, too, that the Treasury Department has, at least as of recently, never complied with EO 12333’s requirement for minimization procedures to protect US persons, which would include banks.

And there have even been cases of hacker-insider trader schemes of late.

So banks are right to want secure communications. And while these banks are proven crooks — and should be every bit the worry to Jim Comey as ISIS’s crappier encryption program, if Comey believes in hunting crime — the banks should be reined in via other means, not by making them insecure.

If we’re going to pretend — and it is no more than make-believe — that the banks operate with integrity, then they need to have secure communications. But without that make-believe, a lot of the important fictions America tells itself about capitalism start to fall apart.

Which is my way of saying that the 6 regulators need to think through how they can continue to regulate recidivist crooks who have their own secure messaging system, but that the recidivist crooks probably need a secure messaging system (though having their own might be a stretch).

If Jim Comey is going to bitch and moan about criminals potentially exploiting access to encrypted communications, then he should start his conversation with the banks, not Apple. If he remains silent about this gang and their secure communications, then he needs to concede, once and for all, that actual humans need to have access to the same privilege of secure communications.

On this topic, see also District Sentinel’s piece on this.

 

HUD Digs an Escape Tunnel for Jamie Dimon

The other day I dismissed US disdain for Mexico at its inability to keep Chapo Guzmán jailed. After all, I pointed out, we don’t even try to imprison our Transnational Crime Organization bosses.

At the Intercept yesterday, DDay pointed out another example. After JP Morgan Chase and Citigroup pled guilty to forex fraud, the Department of Housing and Urban Development “changed their form” for FHA insurance, so as to permit those TCOs to continue to have taxpayers insure their customers’ loans.

On May 20 of this year, JPMorgan Chase and Citigroup both entered a guilty plea on one felony count of conspiring to rig foreign currency exchange trades, the largest market on the globe.

Five days earlier, on May 15, HUD slipped a notice into the Federal Register, seeking to alter its standard loan-level certification form, known as HUD-92900-A. This form must be filled out for lenders to receive FHA insurance, which reimburses them if the homeowner falls into foreclosure.

On the current HUD-92900-A form, lenders must certify that their firm and its principals “have not, within a three-year period … been convicted of or had a civil judgment rendered against them” for a variety of crimes, including “commission of fraud … violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property.”

JPMorgan and Citi’s guilty plea would fall under the antitrust statute, and according to Brown, Warren and Waters’ reading of the certification, that would make them ineligible to obtain FHA insurance on their loans.

On the updated form, this language has been excised.

As Senators Sherrod Brown and Elizabeth Warren and Congresswoman Maxine Waters read it, this will eliminate what should have been one of the biggest impacts of the TCOs’ guilty plea.

Again, Jamie Dimon’s tunnel may not be so spectacular as Guzmán’s. But that’s partly because even more parts of government are helping him to escape any punishment for his TCO’s crimes.

Behind the Humble Blue Pickup Scott Brown Has Been Working for Banks with Ties to Home-Stealing Forgers

Remember when Scott Brown used his old GMC pickup to promise he’d change business as usual in Washington?

In a bid to force Elizabeth Warren to reveal her clients going back decades, Brown made this admission.

“I am also a real estate attorney with a very small general practice. I don’t have any corporate clients, where I get paid tens of thousands of dollars.”

Mostly, he said, his local legal work involved property closings and real estate transactions. He said he has worked for Wrentham Cooperative Bank, Hyde Park Cooperative Bank and Middlesex Savings Bank.

I was a title agent for first American and Fidelity National Title and I represented a couple of small mortgage companies that are probably out of business now,” Mr. Brown said. [my emphasis]

As Adam Levitin and DDay translate, by working for Fidelity National, Brown worked for the parent company of one of the most corrupt players among the rogues gallery of mortgage fraudsters.

Fidelity National is the former parent company of LPS, one of the worst offenders in the foreclosure fraud industry. Fidelity National split with LPS very quickly once their worst abuses came to light.

As I’m sure you can gather from my reports here, LPS was a middleman in this game, providing faulty documents – often off a prescribed menu, where you pay $100 for a mortgage assignment, or $150 for a full loan file – through its subsidiary DocX. This company facilitated forgeries and mass false documents, which we know through Lynn Szymoniak’s work. The Linda Green phenomenon came right out of LPS and DocX. This is where robo-signing lived.

And while we don’t know what Brown did–or still does!–for Fidelity National, it does place him in the front seat of the housing bubble.

It’s not clear exactly what Brown was doing for these clients–title work sounds innocent and boring enough, and Brown certainly isn’t responsible for all of his clients’ misdeeds.  But at the very least, Brown’s association raises a host of questions. Who were those “mortgage companies” that he worked for?  It’s nice that Brown named a bunch of local banks, but I wonder what lies under the “mortgage company” label?  What did Scott Brown understand about the mortgage market he was facilitating? Did he recognize that there was a bubble?  (He was a town property assessor at one point, so one would think he’d notice this sort of thing.) If not, what does that say?  And if so, what does thatsay? How many predatory loans did Scott Brown facilitate?  How many of the loans where he handled the closing resulted in foreclosure?  What would he say to those families that lost their homes to predatory loans?

Since Brown first raised these nice homely local banks with ties to document forgers in a bid to force Warren to explain more about how she helped people get asbestos settlements and other things, I’m sure he’ll have no problem answering Levitin’s questions about precisely what he did and knew about the mortgage industry. Ha! And, as DDay notes, he should also answer for the conflicts of interest that led him to hold up some financial reform.

He held out in the [financial reform] bill, getting a bank fee removed that would have paid for much of the regulatory measures, and weakening the Volcker rule to allow more proprietary trading among big financial institutions. So Brown was a cog in the great finance wheel when doing these closings and “title work,” and also when a US Senator trying to enable as much profit-earning risk in the big financial institutions as possible. A useful cog.

Before Scott Brown digs up work Warren did years ago, he probably ought to elaborate on this nice homey mortgage work, and let us know whether he was ignorant to the corruption around him, or just facilitating it. After all, he’s the guy insisting on transparency .

Most Blunt Amendment Supporters Likely to Have Used Birth Control

I confess. I’m contemplating calling all the Senators who voted for the Blunt Amendment yesterday to ask for a statement detailing:

  • What the Senators’ history of reproductive choice has been, including details on what kinds of birth control they’ve used and who paid for it
  • Whether the Senators (or their spouses) have used erectile dysfunction drugs, and who paid for it

Mind you, I think such questions are inappropriate. But given that 48 Senators–including 3 Democrats and 4 women–voted yesterday to say that employers should have really intrusive control over their employees’ healthcare decisions (including, but in no way limited, to reproductive health), it seems fair to at least inquire whether these men and women have been relying on birth control to plan their families, whether their use of birth control violates their religion’s stated doctrine, and whether taxpayers paid for birth control during their child-bearing years.

As you can see from the list below, the vast majority of Senators who voted for the Blunt Amendment are likely to have relied on birth control or sterilization to limit their family size. Just three–Susan Collins, Kay Bailey Hutchison, and Lindsey Graham–have no biological children. And just three–Mike Crapo (5), Chuck Grassley (5), and Orrin Hatch (6)–have more than 4 biological children (McCain and Blunt have more with their adopted kids). Of those likely to have used birth control or sterilization, 22 worked for local, state, or federal government during a roughly calculated “child-bearing” period of their life, meaning taxpayers may have paid for their birth control (though of course their spouses’ employers may have provided health care, too). Of those likely to have used more than the rhythm method, 10 are Catholic.

So I’m going to contemplate this over the weekend. But for the moment, consider that the great majority of the Senators who voted to let employers restrict birth control access seem to have families that have been shaped by birth control.

Note the following details are a first draft–please let me know of any inaccuracies.

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