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Who Can the President Kill?

by greenenergy4 Posted on February 6, 2013

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Last night, NBC’s Michael Isikoff disclosed a 16-page memo that laid out the Obama administration’s legal justification for targeted killings of U.S. citizens abroad. Roughly speaking, the memo claims that the Authorization for Use of Military Force, passed after 9/11, gives the president the power to wage war against al-Qaeda, and he thus has authority to take action against any “senior al-Qaeda leader” who poses an imminent threat to the United States.

In the past, most of the anger over this, including from me, has centered on the idea that the president can order the killing of an American citizen who hasn’t been provided with any kind of due process. But Scott Lemieux says this is misguided:

Much of the coverage of the memo, including Isikoff’s story, focuses on the justifications offered by the Obama administration for killing American citizens, including Anwar al-Awlaki and Samir Khan (two alleged Al Qaeda operatives killed by a 2011 airstrike in Yemen.) In some respects, this focus is misplaced. If military action is truly justified, then it can be exercised against American citizens (an American fighting for the Nazis on the battlefield would not have been entitled to due process.) Conversely, if military action is not justified, extrajudicial killings of non-Americans should hardly be less disturbing than the extrajudicial killing of an American citizen. The crucial question is whether the safeguards that determine when military action is justified are adequate.

The more I’ve thought about this, the more I’ve come to agree with this position: If we’re at war, and if targeted killings of enemy combatants are legal, then U.S. citizenship is irrelevant. If you’ve joined up with enemy forces, you’re fair game. Conversely, if the justification in the memo is inadequate, that means the justification for targeted killings in general is inadequate. Either the entire program is justified, or none of it is.

But….even if this makes sense, I’m not sure it feels right. Comments?

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Who Can the President Kill?

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DOJ to Big Beer: We’re Cutting You Off

by greenenergy4 Posted on February 1, 2013

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Like a drunk closing down a bar, beer behemoth Anheuser-Busch InBev doesn’t know when to stop. That’s the message of the Department of Justice’s recent lawsuit to block A-B InBev’s $20.1 billion takeover of Mexican beer giant Modelo, maker of the iconic (and, in my opinion, insipid) Corona brand, along with other popular brands like Pacifico, Negro Modelo, and Victoria. According to the DOJ’s complaint (PDF), A-B InBev already controls 39 percent of the US beer market, rival MillerCoors owns 26 percent, and Modelo has 7 percent.

By the DOJ’s reckoning, allowing A-B InBev and Modelo to combine would bring AB InBev’s market share up to 46 percent, leaving two companiesâ&#128;&#148;A-B InBev and MillerCoorsâ&#128;&#148;with 72 percent of the beer market. That’s about three of every four beers consumed in the United States.

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DOJ to Big Beer: We’re Cutting You Off

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Marktown, Ind., a historic town shivering in BP’s dark shadow

by greenenergy4 Posted on January 31, 2013

Marktown, Ind., a historic town shivering in BP’s dark shadow

By Philip Bump

This is the historic neighborhood of Marktown, near East Chicago, Ind. It’s a historic area, built a century ago to accommodate workers at a nearby steel plant, dubbed one of the “Seven Wonders of Northwest Indiana.”

Now zoom out.

Marktown is like that house in Up, surrounded on all sides by newer, uglier buildings — in this case, industry. Scroll to the northwest a little and you’ll see Marktown’s greatest threat: the BP Whiting oil refinery. Midwest Energy News tells the story:

About a quarter of the pastel, stucco Marktown homes are now vacant and crumbling. There is a general appearance of abandonment and decay. But on the evening of Jan. 23 the Marktown community center was bustling, packed with residents confused and alarmed about the news circulating over the past few days. …

Kim Rodriguez, a 54-year-old lifelong resident, had called the meeting to try to save the neighborhood.

That’s because BP officials recently acknowledged they are looking to buy up and raze Marktown homes.

chicagogeek

The state of Indiana has recognized the neighborhood as a historic area. But that doesn’t matter.

In 1975 Marktown — which is officially part of the city of East Chicago, while the refinery is in adjacent Whiting — was placed on the National Register of Historic Places. That means federal resources cannot be used for redeveloping or destroying structures.

But the historic designation offers no such protection against private development or demolition by an entity like BP.

Dean said that, “BP respects the historical designation of the Marktown Community and is exploring preliminary possibilities related to the historic designation,” though he also said that “once acquired, the property would be razed.”

The full story (go read it!) is distressing and sad, outlining an encroachment of wealth and industry on history and community. And then, everything else aside, there’s why BP wants the property. The company wants to displace families and destroy historic homes because it wants a place to stage equipment.

And it needs more parking.

And it wants some green space.

Source

As Chicago-area refinery grows, historic town fears for its future, Midwest Energy News

Philip Bump writes about the news for Gristmill. He also uses Twitter a whole lot.

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A Rape a Minute, a Thousand Corpses a Year

by greenenergy4 Posted on January 25, 2013

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This story first appeared on the TomDispatch website.

Here in the United States, where there is a reported rape every 6.2 minutes, and one in five women will be raped in her lifetime, the rape and gruesome murder of a young woman on a bus in New Delhi on December 16th was treated as an exceptional incident. The story of the alleged rape of an unconscious teenager by members of the Steubenville High School football team was still unfolding, and gang rapes aren’t that unusual here either. Take your pick: some of the 20 men who gang-raped an 11-year-old in Cleveland, Texas, were sentenced in November, while the instigator of the gang rape of a 16-year-old in Richmond, California, was sentenced in October, and four men who gang-raped a 15-year-old near New Orleans were sentenced in April, though the six men who gang-raped a 14-year-old in Chicago last fall are still at large. Not that I actually went out looking for incidents: they’re everywhere in the news, though no one adds them up and indicates that there might actually be a pattern.

There is, however, a pattern of violence against women that’s broad and deep and horrific and incessantly overlooked. Occasionally, a case involving a celebrity or lurid details in a particular case get a lot of attention in the media, but such cases are treated as anomalies, while the abundance of incidental news items about violence against women in this country, in other countries, on every continent including Antarctica, constitute a kind of background wallpaper for the news.

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A Rape a Minute, a Thousand Corpses a Year

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Will Conservative Media Give the GOP Cover to Make A Deal on Immigration?

by greenenergy4 Posted on January 18, 2013

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After non-white Americans voted overwhelmingly for Democrats in the 2012 election, prominent conservative pundits like Sean Hannity and Charles Krauthammer began signalling a willingness to shift on immigration reform. At the time, Republicans were still sitting shiva for Mitt Romney’s campaign, so it’s possible all the talk of compromise was just post-election despair. But the right wing media’s reaction to Florida GOP Sen. Marco Rubio’s new immigration proposal—a plan that resembles the one put forth by the White House—suggests conservatives may really be changing their tune on immigration reform.

As Rubio elaborated on his pitch for immigration reform, which would include a pathway to citizenship for unauthorized immigrants already in the US, to Fox News’ Bill O’Reilly Wednesday, O’Reilly listened and said “that seems pretty fair.” Likewise, when Rubio showed up on Laura Ingraham’s show Wednesday, Ingraham sought to put distance between Rubio and the White House saying, that “Obama’s going to seek citizenship in one fast push,” whereas Rubio’s plan would be more “piecemeal.” (Ingraham’s wrong: How long any undocumented immigrant would have to wait for citizenship under either plan actually remains undetermined.) Meanwhile, Rubio, in both instances, said he didn’t really know where the White House stood on the issue. Rubio also appeared on Sean Hannity’s radio show Thursday, and Hannity called Rubio’s immigration plan “the most thoughtful bill I have heard heretofore.”

Here’s why this is important: When George W. Bush sought to pass immigration reform, his plan was killed by the GOP base, who had been whipped up by conservative media and talk radio. Hannity himself was key to the effort. With some exceptions, conservative media seems more inclined to cover for Rubio this time around. That could all change pretty quickly, but given how much influence Fox News and talk radio have on the conservative base (remember when they convinced Republicans Mitt Romney was on the verge of a landslide victory?), how the right-wing media approach this issue could determine whether immigration reform actually has a chance of passing. For the moment, conservative pundits are playing up a distance between Rubio’s proposal and the Democrats that doesn’t really exist. That could make a potential compromise seem more palatable to the Republican base. “Why do I think regardless of what you propose that would solve the problem Democrats are going to demagogue it?” Hannity asked Rubio Thursday. “Well, that may be the case,” Rubio replied solemnly.

Immigration reform advocates have noticed—and are elated by—conservative media’s new tone on immigration. “It shows the power of the messenger,” says Frank Sharry, who runs the pro-immigration reform group America’s Voice. “It’s going to be hard for the right-wing echo chamber to get whipped up the way they did in 2007.”

Contra Hannity, Democrats have already signalled they’re willing to work with Rubio. “I expect that the Judiciary Committee will devote most of our time this Spring working to pass comprehensive immigration reform,” Senator Patrick Leahy (D-Vt) said during an appearance at the Georgetown University Law Center Wednesday. “I have a lot of respect for Marco Rubio,” Leahy added. “We disagree on some things, but we agree on others, but I found him to be very open in his views and I’ll seek that.”

Rubio told Ingraham yesterday that “I’ll work with anybody” on immigration reform. That claim will be tested in the next few months.

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Will Conservative Media Give the GOP Cover to Make A Deal on Immigration?

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Guess which North American country produces the most garbage. Wrong!

by greenenergy4 Posted on January 17, 2013

Guess which North American country produces the most garbage. Wrong!

By Philip Bump

Despite how demure its citizens are, Canada sometimes feels a little insecure about always being promoted as second-fiddle to the United States. There is a famous T-shirt which suggests that Canada is America’s hat; while this is largely true, Canada yearns to occasionally suggest that the U.S. is Canada’s boxer shorts. (Your Florida is hanging out.)

In one thing, though, Canada emerges victorious: garbage production. From the CBC:

The Conference Board of Canada gave Canada a C grade on Thursday and ranked it in 15th place among 17 developed nations studied across a host of environmental-efficiency metrics. …

While Canada earned a few A grades in categories such as water quality, endangered species and the use of forest resources, overall the country scored a D average. …

Canada fared dismally in terms of the amount of waste we produce. In 2009 (the data year on which the study was based), Canada produced 777 kilgrams of garbage per citizen. Across all 17 countries studied, the average was only 578 kg produced.

pedalfreak

This is actually a dump in Canada. Really. With bears.

This is what happens when you have a ton of extra space — it fills up with junk you don’t need to keep. Been there, Canada! We feel you!

[This spot could have been used for a hacky joke about the things Canadians throw away — Tim Horton’s cups, moose antlers, empty syrup bottles, retired NHL players — but we’re too mature for that.]

So congratulations to our head-warming neighbors to the north. You’ve done it. You’ve bested America in a field that most people would assume the U.S. would win in a walk. On garbage production, we are truly Canada’s underpants.

On nearly every other factor studied, though:

The 15th-place [overall] ranking put Canada only ahead of the U.S. and Australia …

The report found Canadians use 1,131 cubic metres per capita of water per year. The only country that uses more water is the United States, which consumes 1,632 cubic metres per capita.

U-S-A, motherf*ckers. U. S. A.

Source

Canadians produce more garbage than anyone else, CBC

Philip Bump writes about the news for Gristmill. He also uses Twitter a whole lot.

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Soot is the second-most dangerous global warming pollutant

by greenenergy4 Posted on January 16, 2013

Soot is the second-most dangerous global warming pollutant

By Philip Bump

When the EPA announced stricter limits on soot emissions last year, the health benefits were immediately apparent. Less soot — that is, tiny particles that result from burning fossil fuels — means fewer heart attacks, less asthma, longer lifespans. On this basis alone, the new standard is a beneficial move.

Soot and smoke in Pittsburgh during the early 1900s

As it turns out, the move could also play a significant role in countering global warming. Researchers have determined that black carbon (soot) contributes twice as much to global warming as previously understood. From the University of Washington:

Black carbon’s role in climate is complex. Dark particles in the air work to shade the Earth’s surface while warming the atmosphere. Black carbon that settles on the surface of snow and ice darkens the surface to absorb more sunlight and increase melting. Finally, soot particles influence cloud formation in ways that can have either a cooling or warming impact.

Last year, another team of researchers proposed a novel way to curb Arctic ice melt: halting airplane trips over the region. The black carbon emitted by trans-Arctic flights lingers in the atmosphere in the area longer than it does elsewhere.

Bloomberg.com outlines other effects:

The four-year study by more than two dozen researchers also showed that black carbon causes “significantly higher warming” over the Arctic and can affect rainfall patterns in high- emitting regions such as Asia. The pollutant also has contributed to rising temperatures in mid- to high-latitude areas including the U.S. and Canada.

The article (by the aptly named “Justin Doom”) notes that soot “trails only carbon dioxide as the most dangerous climate pollutant.”

Soot pollution won’t be a trivial problem to fix. A recent report suggested that some 1,200 new coal plants are planned around the world, and coal consumption for power production is a big generator of soot. Earlier this week, we noted that soot pollution in Beijing was spiking as electricity production increased, though levels have since receded. Diesel engines, another major contributor to black carbon pollution, pose another set of challenges.

Nonetheless, you can’t cure a disease until you diagnose it. Here’s our diagnosis: Soot is dangerous — in more ways than we knew.

Philip Bump writes about the news for Gristmill. He also uses Twitter a whole lot.

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Sandy aid passes the House, no thanks to a few states

by greenenergy4 Posted on January 16, 2013

Sandy aid passes the House, no thanks to a few states

By Philip Bump

Brian Birke

I was a bit pessimistic yesterday when considering what action the House was likely to take on Sandy aid. While it was obvious that members of the House Republican caucus would throw up roadblocks to the full funding proposal, I didn’t expect that those roadblocks would actually be overcome. But, thanks to the new House majority of every-Democrat-and-a-few-rational-Republicans, they were.

From the Times:

The $50.7 billion — along with a nearly $10 billion aid package that Congress approved earlier this month — seeks to provide for the huge needs that have arisen in New York, New Jersey, Connecticut and other states since the hurricane struck in late October.

The emergency aid measure would help homeowners whose homes have been damaged or destroyed, provide assistance to business owners who experienced losses as well as reinforce shorelines, repair subway and commuter rail systems, fix bridges and tunnels, and reimburse local governments for emergency expenditures.

Though the package does not cover the entire $82 billion in damage identified by the governors of New York, New Jersey and Connecticut, leaders from the storm-ravaged region expressed relief over the action in the Republican-controlled House, where storm aid had become ensnared in the larger debate over spending and deficits.

The most heartening thing about the vote, however, was that it showed how the nation was willing to come together to demonstrate support for states torn apart by disaster. To wit:

Or, in map format, as presented by the New York Times:

If it’s red and striped, it was a Republican representative voting “no.” Notice that stretch of states running up the middle of the country. A lot of them are home to farmers who will enjoy the USDA’s $16 billion farm insurance payout.

The good folks at Wonkette put it best. “Gracious House Of Representatives To NJ, CT And NY: Fine, Here’s Your Stupid Hurricane Money”. As a resident of New York, I echo that sentiment. Thanks, everyone. So very sorry to be such a nuisance.

And don’t blame us when it happens again and we need tens of billions more to recover from another climate-change-fueled storm. You’re the ones that didn’t want to invest in preventative measures.

Philip Bump writes about the news for Gristmill. He also uses Twitter a whole lot.

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Interior Secretary Salazar to step down

by greenenergy4 Posted on January 16, 2013

Interior Secretary Salazar to step down

By Philip Bump

Interior Secretary Ken Salazar, he of the bolo ties and threats to reporters, is resigning his position. From the Denver Post:

Interior Secretary Ken Salazar will step down from his cabinet position in the Obama administration and return to Colorado to spend time with his family, his office has confirmed to The Denver Post. …

“As I think about my role as secretary of the Interior, it is perhaps the most wonderful job of any cabinet position in the United States,” Salazar said in December. “I would not trade it for attorney general or Housing and Urban Development or Transportation because I would find those jobs a little boring.”

But the pull of family obligations — he and his wife are primary caretakers of their 5-year-old granddaughter who has autism and is enrolled in a special school — was too great to commit to four more years, Salazar’s office said.

The move was expected. Last November, we outlined who might replace him; among those mentioned so far today is Washington Gov. Christine Gregoire, who has been tapped as a likely replacement for basically everyone in the Cabinet and two of the four Beatles.

Politico outlines Salazar’s legacy on renewables.

Salazar has overseen the first major push to permit renewable energy development on public lands, with Interior giving green lights to dozens of solar, wind, geothermal and transmission projects. …

In late October, the administration used the approval of a Wyoming site for a 3,000-megawatt wind farm to celebrate the fact that a combined total of 10 gigawatts of renewable energy had won approval on public lands. That particular project still must go through site-specific environmental reviews. …

Salazar set up a solar energy zone program meant to help developers of utility-scale projects identify locations in Western states ripe for collecting the sun’s energy.

He also worked on moving Cape Wind forward as well as broader issues that have plagued offshore wind from gaining a foothold in the U.S., including moving forward on several leases and auctions.

We’ll remember Salazar for some of his other moves, as well, such as green-lighting Shell’s clumsy attempts to drill in the Arctic.

Which raises a key consideration. Cabinet members are largely not autonomous actors. Just as EPA head Lisa Jackson was forced to kill new ozone regulations, Salazar’s decisions on Shell and renewables were with the approval of his boss, Barack Obama. It’s likely, then, that whoever replaces him will follow a strikingly similar set of priorities.

In a statement released this morning, the president thanked Salazar for his service.

Ken has played an integral role in my Administration’s successful efforts to expand responsible development of our nation’s domestic energy resources. In his work to promote renewable energy projects on our public lands and increase the development of oil and gas production, Ken has ensured that the Department’s decisions are driven by the best science and promote the highest safety standards.

As much as any decisions are, I guess.

Philip Bump writes about the news for Gristmill. He also uses Twitter a whole lot.

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JPMorgan Chase Gambles Away $6B, Gets "Slap on the Wrist"

by greenenergy4 Posted on January 15, 2013

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Federal banking regulators have decided it’s a bad thing that JPMorgan Chase lost $6 billion on a risky bet last year and failed to close money-laundering loopholes. But that’s pretty much all they’ve decided.

The Office of the Comptroller of the Currency and the Federal Reserve ordered the bank Monday to fix risk-management failures that led to the massive loss on a trade out of its London office in May 2012, as well as tighten up monitoring of cash transactions that may have allowed suspected terrorists and drug dealers to launder money. But there will be no fines or hard penalties levied for the bank’s failures.

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JPMorgan Chase Gambles Away $6B, Gets "Slap on the Wrist"

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