Monday, September 24, 2012

Iran: Attack Could Trigger World War III

Remember, Russia and China have already pledged to support Iran if the US and Israel attack Iran. Russia and China import most of Iran's oil exports. If we fuck with their oil supplier, they will defend them: WWIII.--jef

Sunday, September 23, 2012 by Common Dreams

With tensions high, US leads massive military minesweeping exercise in Persian Gulf

The navies from more than three dozen nations have converged in the Persian Gulf around Bahrain for a massive military minesweeping excercise.

"This war is likely to degenerate into World War III," says Iranian Brigadier General Amir-Ali Hajizadeh, commander of the Islamic Revolution Guards Corps (IRGC) Aerospace Division.

The drills, led by the US military, are taking place in the Gulf of Oman and the Gulf of Aden, avoiding the busy shipping route in the Strait of Hormuz.

Meanwhile, on Sunday a senior Iranian military commander warned that an Israeli strike on Iran could trigger World War III.

Iran's Press TV reports:





+++++++++

Monday, September 24, 2012 by Inter Press Service
Iranian Diplomat Says Iran Offered Deal to Halt 20-Percent Enrichment
by Gareth Porter

WASHINGTON - Iran has again offered to halt its enrichment of uranium to 20 percent, which the United States has identified as its highest priority in the nuclear talks, in return for easing sanctions against Iran, according to Iran’s permanent representative to the International Atomic Energy Agency (IAEA).

Iranian envoy to the IAEA Ali Asghar Soltanieh. (Press TV) Ali Asghar Soltanieh, who has conducted Iran’s negotiations with the IAEA in Tehran and Vienna, revealed in an interview with IPS that Iran had made the offer at the meeting between EU Foreign Policy Chief Catherine Ashton and Iran’s leading nuclear negotiator Saeed Jalili in Istanbul Sep. 19.

Soltanieh also revealed in the interview that IAEA officials had agreed last month to an Iranian demand that it be provided documents on the alleged Iranian activities related to nuclear weapons which Iran is being asked to explain, but that the concession had then been withdrawn.

“We are prepared to suspend enrichment to 20 percent, provided we find a reciprocal step compatible with it,” Soltanieh said, adding, “We said this in Istanbul.”

Related Articles:

Pink Shrouds Aimed to Draw Attention to Iran Military Site, Analysts Say
IAEA Report Shows Iran Reduced Its Breakout Capacity
U.S. Rejected 2005 Iranian Offer Ensuring No Nuclear Weapons

Soltanieh is the first Iranian official to go on record as saying Iran has proposed a deal that would end its 20-percent enrichment entirely, although it had been reported previously.

“If we do that,” Soltanieh said, “there shouldn’t be sanctions.”

Iran’s position in the two rounds of negotiations with the P5+1 – China, France, Germany, Russia, Britain, the United States and Germany – earlier this year was reported to have been that a significant easing of sanctions must be part of the bargain.

The United States and its allies in the P5+1 ruled out such a deal in the two rounds of negotiations in Istanbul and in Baghdad in May and June, demanding that Iran not only halt its enrichment to 20 percent but ship its entire stockpile of uranium enriched to that level out of the country and close down the Fordow enrichment facility entirely.

Even if Iran agreed to those far-reaching concessions the P5+1 nations offered no relief from sanctions.

Soltanieh repeated the past Iranian rejection of any deal involving the closure of Fordow.

“It’s impossible if they expect us to close Fordow,” Soltanieh said.

The U.S. justification for the demand for the closure of Fordow has been that it has been used for enriching uranium to the 20-percent level, which makes it much easier for Iran to continue enrichment to weapons grade levels.

But Soltanieh pointed to the conversion of half the stockpile to fuel plates for the Tehran Research Reactor, which was documented in the Aug. 30 IAEA report.

“The most important thing in the (IAEA) report,” Soltanieh said, was “a great percentage of 20-percent enriched uranium already converted to powder for the Tehran Research Reactor.”

That conversion to powder for fuel plates makes the uranium unavailable for reconversion to a form that could be enriched to weapons grade level.

Soltanieh suggested that the Iranian demonstration of the technical capability for such conversion, which apparently took the United States and other P5+1 governments by surprise, has rendered irrelevant the P5+1 demand to ship the entire stockpile of 20-percent enriched uranium out of the country.

“This capacity shows that we don’t need fuel from other countries,” said Soltanieh.

Iran began enriching uranium to 20 percent in 2010 after the United States made a virtually non-negotiable offer in 2009 to provide fuel plates for the Tehran Research Reactor in return for Iran’s shipping three-fourths of its low-enriched uranium stockpile out of the country and waiting for two years for the fuel plates.

The P5+1 demand for closure of the Fordow enrichment plant was also apparently based on the premise the facility was built exclusively for 20-percent enrichment. But Iran has officially informed the IAEA that it is for both enrichment to 20 percent and enrichment to 3.5 percent.

The 1,444 centrifuges installed at Fordow between March and August – but not connected to pipes, according to the Washington-based Institute for Science and International Security – could be used for either 20-percent enrichment or 3.5-percent enrichment, giving Iran additional leverage in future negotiations.

Soltanieh revealed that two senior IAEA officials had accepted a key Iranian demand in the most recent negotiating session last month on a “structured agreement” on Iranian cooperation on allegations of “possible military dimensions” of its nuclear programme – only to withdraw the concession at the end of the meeting.

The issue was Iran’s insistence on being given all the documents on which the IAEA bases the allegations of Iranian research related to nuclear weapons which Iran is expected to explain to the IAEA’s satisfaction.

The Feb. 20 negotiating text shows that the IAEA sought to evade any requirement for sharing any such documents by qualifying the commitment with the phrase “where appropriate”.

At the most recent meeting on Aug. 24, however, the IAEA negotiators, Deputy Director General for Safeguards Herman Nackaerts and Assistant Director General for Policy Rafael Grossi, agreed for the first time to a commitment to “deliver the documents related to activities claimed to have been conducted by Iran”, according to Soltanieh.

At the end of the meeting, however, Nackaerts and Grossi “put this language in brackets”, thus leaving it unresolved, Soltanieh said.

Former IAEA Director General Mohamed ElBaradei recalls in his 2011 memoirs that he had “constantly pressed the source of the information” on alleged Iranian nuclear weapons research – meaning the United States – “to allow us to share copies with Iran”. He writes that he asked how he could “accuse a person without revealing the accusations against him?”

ElBaradei also says Israel gave the IAEA a whole new set of documents in late summer 2009 “purportedly showing that Iran had continued with nuclear weapons studies until at least 2007″.

Soltanieh confirmed that the other unresolved issue is whether the IAEA investigation will be open-ended or not.

The Feb. 20 negotiating text showed that Iran demanded a discrete list of topics to which the IAEA inquiry would be limited and a requirement that each topic would be considered “concluded” once Iran had answered the questions and delivered the information requested.

But the IAEA insisted on being able to “return” to topics that had been “discussed earlier”, according to the February negotiating text.

That position remains unchanged, according to Soltanieh. The Iranian ambassador quoted an IAEA negotiator as asking, “What if next month we receive something else — some additional information?’”.

“If the IAEA had its way,” Soltanieh said, “It would be another 10 or 20 years.”

Soltanieh told IPS a meeting between Iran and the IAEA set for mid-October had been agreed before the IAEA Board of Governors earlier this month with Nackaerts and Grossi.

The Iranian ambassador said the IAEA officials had promised him that Director General Yukia Amano would announce the meeting during the Board meeting, but Amano made no such announcement.

Instead, after a meeting with Fereydoun Abbasi, Iran’s Vice President and head of the Atomic Energy Organization of Iran, Amano only referred to the “readiness of Agency negotiators to meet with Iran in the near future.”

“He didn’t keep the promise,” said Soltanieh, adding that Iran would have to “study in the capital” how to respond.

Soltanieh elaborated on Abassi’s suggestion last week that the sabotage of power to the Fordow facility the night before an IAEA request for a snap inspection of the facility showed the agency could be infiltrated by “terrorists and saboteurs”.

“The objection we have is that the DG isn’t protecting confidential information,” said Soltanieh. “When they have information on how many centrifuges are working and how many are not working (in IAEA reports), this is a very serious concern.”

Iran has complained for years about information gathered by IAEA inspectors, including data on personnel in the Iranian nuclear programme, being made available to U.S., Israeli and European intelligence agencies.

The Trillion-Gallon Loophole: Lax Rules for Drillers that Inject Pollutants Into the Earth

by Abrahm Lustgarten, 
 
On a cold, overcast afternoon in January 2003, two tanker trucks backed up to an injection well site in a pasture outside Rosharon, Texas. There, under a steel shed, they began to unload thousands of gallons of wastewater for burial deep beneath the earth.

 The waste – the byproduct of oil and gas drilling – was described in regulatory documents as a benign mixture of salt and water. But as the liquid rushed from the trucks, it released a billowing vapor of far more volatile materials, including benzene and other flammable hydrocarbons.

The truck engines, left to idle by their drivers, sucked the fumes from the air, revving into a high-pitched whine. Before anyone could react, one of the trucks backfired, releasing a spark that ignited the invisible cloud.

Fifteen-foot-high flames enveloped the steel shed and tankers. Two workers died, and four were rushed to the hospital with burns over much of their bodies. A third worker died six weeks later.

What happened that day at Rosharon was the result of a significant breakdown in the nation's efforts to regulate the handling of toxic waste, a ProPublica investigation shows.

The site at Rosharon is what is known as a "Class 2" well. Such wells are subject to looser rules and less scrutiny than others designed for hazardous materials. Had the chemicals the workers were disposing of that day come from a factory or a refinery, it would have been illegal to pour them into that well. But regulatory concessions won by the energy industry over the last three decades made it legal to dump similar substances into the Rosharon site – as long as they came from drilling.

Injection wells have proliferated over the last 60 years, in large part because they are the cheapest, most expedient way to manage hundreds of billions of gallons of industrial waste generated in the U.S. each year. Yet the dangers of injection are well known: In accidents dating back to the 1960s, toxic materials have bubbled up to the surface or escaped, contaminating aquifers that store supplies of drinking water.

There are now more than 150,000 Class 2 wells in 33 states, into which oil and gas drillers have injected at least 10 trillion gallons of fluid.  The numbers have increased rapidly in recent years, driven by expanding use of hydraulic fracturing to reach previously inaccessible resources.

ProPublica analyzed records summarizing more than 220,000 well inspections conducted between late 2007 and late 2010, including more than 194,000 for Class 2 wells. We also reviewed federal audits of state oversight programs, interviewed dozens of experts and explored court documents, case files, and the evolution of underground disposal law over the past 30 years.

Our examination shows that, amid growing use of Class 2 wells, fundamental safeguards are sometimes being ignored or circumvented. State and federal regulators often do little to confirm what pollutants go into wells for drilling waste. They rely heavily on an honor system in which companies are supposed to report what they are pumping into the earth, whether their wells are structurally sound, and whether they have violated any rules.

More than 1,000 times in the three-year period examined, operators pumped waste into Class 2 wells at pressure levels they knew could fracture rock and lead to leaks. In at least 140 cases, companies injected waste illegally or without a permit.

In several instances, records show, operators did not meet requirements to identify old or abandoned wells near injection sites until waste flooded back up to the surface, or found ways to cheat on tests meant to make sure wells aren't leaking.

"The program is basically a paper tiger," said Mario Salazar, a former senior technical advisor to the Environmental Protection Agency who worked with its injection regulation program for 25 years. While wells that handle hazardous waste from other industries have been held to increasingly tough standards, Salazar said, Class 2 wells remain a gaping hole in the system. "There are not enough people to look at how these wells are drilled … to witness whether what they tell you they will do is in fact what they are doing."

Thanks in part to legislative measures and rulemaking dating back to the late 1970s, material from oil and gas drilling is defined as nonhazardous, no matter what it contains. Oversight of Class 2 wells is often relegated to overstretched, understaffed state oil and gas agencies, which have to balance encouraging energy production with protecting the environment. In some areas, funding for enforcement has dropped even as drilling activity has surged, leading to more wells and more waste overseen by fewer inspectors.

"Class 2 wells constitute a serious problem," said John Apps, a leading geoscientist and injection expert who works with the U.S. Department of Energy's Lawrence Berkeley National Laboratory. "The risk to water? I think it's high, partially because of the enormous number of these wells and the fact that they are not regulated with the same degree of conscientiousness."

In response to questions about the adequacy of oversight, the EPA, which holds primary regulatory authority over injection wells, reissued a statement it supplied to ProPublica for an earlier article in June.
"Underground injection has been and continues to be a viable technique for subsurface storage and disposal of fluids when properly done," a spokesperson wrote. "EPA recognizes that more can be done to enhance drinking water safeguards and, along with states and tribes, will work to improve the efficiency of the underground injection control program."

Some at the EPA and at the Department of Justice, which prosecutes environmental crimes, say the system's blind spots suggest that many more violations likely go undiscovered – at least until they mushroom into a crisis.

That's what happened at Rosharon.

The accident prompted the EPA to examine what else had been dumped at the site, ultimately exposing a scheme by a company that was not involved in the explosion, Texas Oil and Gathering, to pass off deadly chemicals from a petroleum refining plant as saltwater from drilling.  

The switch saved the company substantial fees by allowing it to dispose of the material in a Class 2 well, instead of a more stringently controlled well for hazardous waste, federal investigators said.

Texas Oil and Gathering's owner and operations manager were convicted of conspiring to dump illegal waste and violating the Safe Drinking Water Act. Both declined to comment for this article.

Texas officials acknowledged that they had not looked beyond the paperwork submitted by the operators using the well. The delivery trucks weren't inspected; the wastewater was not sampled.

"Staff had no reason to believe at the time that such testing was necessary at this facility,'' Ramona Nye, a spokeswoman for the Railroad Commission of Texas, which regulates the oil and gas industry activity in the state, wrote in an email. "The likelihood of unpermitted material being disposed of is low.''

William Miller, the EPA's chief investigator on the case, points out that the only reason anyone was held accountable for injection-related violations was because the site blew up.

"If you can get the stuff down the well how is anyone ever going to know what it was?" said Miller, who retired from the EPA in 2011. "There is no way to recover it. It's an easy way to commit a crime and not have any evidence left of it afterwards."


States and Industry Resist Environmental Protections
 One reason that Texas Oil and Gathering was able to dump toxic waste for years without getting caught is that environmental regulations governing how the oil and gas industry disposes of material underground were weakened almost as soon as they were written.

A series of injection accidents beginning in the 1960s – involving pesticide waste in Colorado, dioxins in Beaumont, Texas, and drilling waste that spread for miles through a drinking water aquifer in Arkansas – prompted lawmakers to impose tougher rules on injection wells.

Wells were divided into classes, depending on the source of the waste they handled. Class 1 wells for chemical, pharmaceutical and other industrial wastes, along with Class 2 wells for the oil and gas industry, were subjected to tough controls under the Safe Drinking Water Act of 1974. From the start, the EPA says, oil and gas waste was treated as less toxic than waste from other industries, but all such material was seen as dangerous to drinking water.

Companies drilling the wells were required to do geological modeling to ensure that surrounding rock layers would not allow waste to escape through fissures or fault lines. They also were required to check for the presence of other wells that could be a conduit for contamination.  The EPA set baseline standards and mandated periodic inspections for defects. In many cases, states oversaw their implementation.

The ink had barely dried on the new regulations when the oil and gas industry – aided by sympathetic state regulators who thought their existing oversight was sufficient – began arguing that its waste should be treated differently.

Industry officials lobbied for state oil and gas agencies, some of which already had rules in place, to oversee Class 2 wells, not federal or local environmental officials. Some argued state energy regulators had greater expertise in well construction and regional geology.

In 1980, California Rep. Henry Waxman sponsored a measure that allowed the EPA to delegate authority to oversee Class 2 injection to state oil and gas regulators, even if the rules they applied varied from the Safe Drinking Water Act and federal guidelines.

A few years later, Dick Stamets, New Mexico's chief oil and gas regulator at the time, told a crowd of state regulators and industry representatives that the Waxman amendment was a biblical deliverance from oppressive federal oversight for the drilling industry.

"The Pharaoh EPA did propose regulations and there was chaos upon the earth," Stamets said. "The people groaned and labored, and great was their suffering until Moses Section 1425 (the Waxman amendment) did lead them to the Promised Land."

In the late 1980s, the EPA moved to impose more stringent measures on injection wells after Congress banned injection of "hazardous" waste. The new rules barred underground dumping unless companies could prove the chemicals weren't a health threat. To earn permission to inject the waste,  companies would have to conduct exhaustive scientific reviews to dispose of hazardous materials, proving their waste wouldn't migrate underground for at least 10,000 years.

The energy industry moved preemptively to shield itself from these changes, too. The Safe Drinking Water Act prohibited the EPA from interfering with the economics of the oil and gas industry unless there was an imminent threat to health or the environment. The industry argued that its waste was mostly harmless brine and that testing and inspecting hundreds of thousands of wells for waste that would qualify as "hazardous" would delay drillers or cost them a fortune.
  
"It would have been crippling to U.S. oil and gas production," said Lee Fuller, vice president of government relations for the Independent Petroleum Association of America. Fuller was a former staff member for the Senate Environment and Public Works Committee, whose ranking member at the time, the late Texas Sen. Lloyd Bentsen, led the fight against the hazardous waste rule. "So yes, the industry was very aggressively seeking some mechanism to address those consequences."

Bentsen had won the industry a temporary reprieve in 1980 by persuading Congress to redefine any substance that resulted from drilling – or "producing" – an oil or gas well as "non-hazardous," regardless of its chemical makeup, pending EPA study.  In 1988, the EPA made it permanent, handing oil and gas companies a landmark exemption.  From then on, benzene from the fertilizer industry was considered hazardous, threatening health and underground water supplies; benzene derived from wells for the oil and gas industry was not.

The effect was that the largest waste stream headed for underground injection, that from the oil and gas industry, was exempted from one of the most effective parts of environmental rules governing hazardous waste disposal.

"A blanket exemption without any sense of what the actual chemistry of these wastewaters is, is very concerning," said Briana Mordick, a geologist at the Natural Resources Defense Council.

Other protections also began to unravel, widening the gap between Class 1 and Class 2 well regulations. Both regulators and the industry regularly refer to drilling waste as "salt water" even though, according to a 2002 EPA internal training document obtained by ProPublica, "on any given day, the injectate of a Class II-D well has the potential to contain hazardous concentrations of solvents, acids, and other… hazardous wastes."

Once the wastes were defined as nonhazardous, there was little justification for holding Class 2 wells to the same rules as other waste being injected deep underground.

Today, for example, Class 1 wells for hazardous waste are tested for pressure continuously and are supposed to be inspected for cracks and leaks every 12 months. Oil and gas wells – though the goal is to inspect their sites annually – have to be tested only once every five years.
Injection wells are known to cause earthquakes, so Class 1 wells usually have rigorous seismic and geologic siting requirements. Often, Class 2 wells do not. An EPA staff member might spend an entire year reviewing an application for a new hazardous waste well. Class 2 wells are often permitted in bulk, meaning hundreds can be green-lighted in a matter of days.

Where Class 1 hazardous waste is injected, companies have to inspect a two-mile radius for old wells, making sure contaminants will have no avenue to shoot back up into drinking water aquifers or to the surface. The minimum standard for oil and gas companies is to inspect within 400 yards, even though it is widely believed, according to internal EPA memorandums obtained by ProPublica, that such a rule is arbitrarily defined, runs against "much existing evidence" and "may not afford adequate protection" of drinking water.

EPA officials acknowledge that their Class 1 regulations represent the best practices to keep water safe and that the risk of a Class 2 well leaking is no different than the risk of a Class 1 well leaking. The contrast in regulations reflects "varying legal authorities, not varying levels of confidence," an agency spokeswoman wrote in an email, referring to the mandate not to let environmental rules interfere with the nation's drilling progress.

State injection regulators counter that much drilling-related waste is put in the same geologic formations that produce oil and gas, in which contaminants like benzene naturally occur. The water close to these wells is often already undrinkable, they say, so lesser protections make sense.

According to the EPA's most recent inventory, the number of Class 2 wells is near an all-time high.

Oklahoma, Texas, Kansas and California use tens of thousands of Class 2 wells to push out oil and gas or dispose of fracking fluids and "produced" water, as the waste derived from drilling is called. In North Dakota, injection permits have increased tenfold, with more wells being permitted in one month – September 2011 –than is typical in an entire year. New Mexico issued twice as many permits last year as it did in 2007. Ohio injected twice as much waste in 2011 as it did in 2006 and is evaluating applications for dozens of new injection sites. largely for waste exported by Pennsylvania and New York, where such wells are deemed unsafe.

As much as 70 percent of the waste destined for Class 2 facilities would be considered toxic if it were not for the loopholes in the law, according to Wilma Subra, a chemist and activist who sits on the board of STRONGER, a partnership of oil and gas industry representatives and state regulators aimed at bolstering state standards.

Recently, Stark Concerned Citizens, an anti-drilling group, asked Ohio regulators why radioactive materials such as radium weren't identified or disclosed when injected into Class 2 wells.

"The law allows it," Tom Tomastik, a geologist with Ohio's Department of Natural Resources and a national expert on injection well regulation, replied in a Sept. 17 email. "It does not matter what is in it. As long as it comes from the oil and gas field it can be injected."


Well Operators Game Safety Tests
 When Carl Weller showed up, shovel in hand, at a Kentucky farm field dotted with injection wells in June 2007, he was acting on a tip.  Weller, a contracted EPA injection inspector, was an expert in testing for what regulators call "mechanical integrity," using air pressure to check if wells have leaks or cracks.

Such tests are among the only ways to know whether cement and steel well structures are intact, preventing brine and other chemicals from reaching drinking water.

Using his shovel, Weller dug around the top of a well, unearthing the steel tubing near the surface. A few inches down, he came across an apparatus he had never seen before: A section of high-pressure tubing ran out of the well bore and connected to a three-foot-long section of steel pipe, sealed at both ends. The apparatus appeared designed to divert air pumped into the well into the pipe instead, making the well test as if it were airtight.

"The only reason that I know of that that device would be installed would be to perform a false mechanical integrity test, more than likely because the well itself would not pass," Weller testified in 2009 as part of a case against the well's operator. The EPA did not make Weller available to comment for this article.

When EPA inspectors kept digging, they found the buried devices on 10 more wells.
The case stunned regulators. Weller had been inspecting the site's injection wells, which were used to enhance the recovery of oil, for the better part of a decade, certifying them as safe.  After the EPA's discoveries, workers at the company that operated the wells, Roseclare Oil, accused its manager, Daniel Lewis, of having conspired to cheat the tests for much of that time.

In 2009, Lewis was convicted of a felony charge for gaming the safety tests on Roseclare's wells and was sentenced to 3 years probation and a $5,000 fine. He maintains his innocence, saying the wells were rigged by his father, who ran the company's local operations until his death, but said such practices were typical in Kentucky's oil and gas industry. "I'd say it's pretty common," said Lewis, whose probation was commuted in 2011.  "But it's not something people go around talking about either."

From Lewis' perspective, injection well operators sometimes have little choice but to try to fool inspectors. Many wells are decades old and were drilled before the current regulations were written. Some are decrepit, their cement aging and cracked. They also can't be easily – or cheaply – repaired.

Lewis, who is now a part-owner of Roseclare and continues to run its operations, said that before wells were due for EPA inspections he would pretest them himself. If one failed, he'd enter problem-solving mode, prepping the site for the EPA's arrival. Two of his employees testified that he ordered them to fabricate and install the diverters.

"You go and work in it and try to get it to hold and it won't hold," Lewis said of the wells. "What are you going to do? It's kind of a ‘Don't ask, don't tell.'"

Randy Ream, the Assistant U.S. Attorney for Kentucky's Western District who prosecuted the case against Lewis, called his scheme unusually elaborate but agreed that efforts to get around the rules for injection wells are common. Sometimes, he said, they result in the contamination of private drinking water wells.

"We have people who have constructed wells that are not certified injection wells, or we have people who will put their brine in a tank and carry it over and put it in somebody else's well," Ream said.  "One guy, he's got oil coming out of his shower head."

"There is just so much brine," Ream added, "and you have to get rid of it."


So Many Wells, So Few Inspectors

One obstacle to more effective enforcement in Kentucky and elsewhere, Ream said, is that regulators cannot always keep up with well tests and inspections.

According to EPA records, Kentucky has 3,403 Class 2 wells, which are supposed to be tested for mechanical integrity once every five years. But since 2007, an average of just 253 wells a year have been tested, less than half as many as there should have been to remain on schedule.

A spokeswoman for the EPA's regional office in Atlanta said in an email that only half of Kentucky's injection wells are actively used and only active wells can be tested. She said mechanical integrity tests are performed on each well every 36 months, but did not address the discrepancy between this schedule and the number of tests reflected in EPA data.

The EPA employs just six people to check its wells across the southeast, not just in Kentucky, but in Tennessee and Florida, too. Those same people are also responsible for working with state inspection programs in North and South Carolina, Georgia, Alabama and Mississippi, which have their own inspection staffs.

Most states aim to visit injection sites at least once a year, and some meet or exceed that schedule, EPA records show. Ohio, for example, recently added staff dedicated exclusively to injection oversight and visits its active injection sites every 12 weeks. (Ohio also insists that Class 2 wells meet many of the more stringent testing and permitting regulations it uses for Class 1 hazardous waste wells.)

"Ohio's [rules] are based on what we felt we needed to develop to continue to alleviate any concerns," said Tomastik, of Ohio's Department of Natural Resources. "Obviously without regulatory presence in the field, the operator is not concerned about operating within the requirements."

But understaffing seems to be endemic across drilling states, especially where state regulatory agencies are responsible for checking both producing oil and gas wells and injection wells for waste or to enhance production.

In Montana, EPA auditors noted that inspectors are choosing which wells to inspect and have a "significant" workload.  In North Dakota, EPA auditors also noted the pressures of "exponential" growth and an "increasing workload."

To meet the goal of inspecting each well annually, Texas inspectors would have to visit eight wells a day, every day, including Sundays and Christmas. That's after Texas' Railroad Commission hired 65 staffers last year to help inspect the state's 428,000 wells.

Nye, the commission's spokeswoman, said the state had sufficient funding and inspected each of its commercial disposal wells twice last year.

"The Commission has a stringent and comprehensive review process for these wells," Nye wrote in an email.  "Railroad Commission staff work diligently to ensure saltwater disposal wells are not and will not be a problem."

But inspectors don't check on private disposal wells, which are far more numerous, with the same regularity. Nor do they keep a schedule for when officials should conduct such visits.
Other states are struggling under similar burdens. In Wyoming, inspectors would also have to check eight wells a day for each well to be checked once a year – a pace possible if wells are clustered together, experts said, but otherwise difficult to achieve. In West Virginia and Kansas, inspectors would have to check seven wells per day.

Visiting injection wells often ranks low among inspectors' priorities unless there is an accident or spill, according to a 2007 Texas auditor's report. The most urgent responsibility for regulators, beyond responding to emergencies, is typically overseeing the development of new oil and gas wells.

The result is that several years can pass between inspections of many injection well sites. In 2010, state regulators visited less than half of the Class 2 sites that a federal well inventory shows they were responsible for monitoring, ProPublica's analysis showed.  EPA inspectors checked on such wells even less frequently, visiting less than one-quarter of the sites under their jurisdiction in 2010.

"I don't give a darn whether you have federal regulations, or a squeaky clean permitting system," said Bill Bryson, a member of the Kansas Geological Survey and the former head of Kansas' oil and gas commission. "If you don't have somebody going out and looking at the wells it doesn't do any good, and if you don't have the right people looking … it doesn't do any good either."

Much of the problem with oversight comes down to money, critics say. In some states, budgets and staff for oil and gas agencies have dropped relative to the number of new wells being drilled over the last nine years.

Kansas employs about the same number of inspectors as it did in 2003, even though it drills four times as many new wells. New drilling has nearly doubled in Louisiana over the same period, but the state's enforcement staff has remained static and its oil and gas budget has increased modestly. In Illinois, drilling has nearly doubled, while the number of enforcement staff has been reduced.

Since the Underground Injection Control program is run under a federal mandate, states rely partly on money from the EPA to fund oversight and enforcement. Federal dollars make up 20 percent of Texas' budget, for example. But in the last 22 years, the EPA's annual operating budget for injection has remained about the same: $10 million. Taking inflation into account, funding has dropped at least 40 percent from 1990 to 2012, though the regulations for all well classes have only grown more complex.

"The UIC program has been flat funded for years," said Dan Jarvis, the field operations manager for Utah's Division of Oil, Gas and Mining.  "With more manpower, obviously you put them on the ground and you're going to have better compliance. Our field people are some of the greatest guys going, but they are overworked."

The EPA declined to disclose the operating budget for regional offices that monitor waste wells under federal jurisdiction or oversee state injection programs. Documents show, however, that in 2011 the agency suspended its travel budget for visits to some of the states that have the largest injection programs, including Louisiana, Texas and Oklahoma.

"Do you think we are doing more now than we were doing 30 years ago? No, there is no money," said Salazar, the former EPA injection expert. "There are not enough people to know what is going on. It is the ideal storm for industry. Less and less people, more and more things that the EPA has to do."

Ultimately, much of the responsibility for meeting EPA standards falls to companies themselves. Some operators routinely exceed the minimum requirements of injection regulations, says Hughbert Collier, who runs a Texas environmental engineering firm that consults with injection well operators. They conduct their own integrity tests every year and make sure employees visit well sites once a month.

But operators inclined to cut corners have little to hold them back.

"What most people would be surprised about is that regulators don't have real good control over everything that goes on in the regulated community," said Miller, the former EPA criminal investigator in Texas. "Most of our environmental law requires self-reporting and that requires honest people."

When violations are identified – such as the 140 times waste was illegally injected and noted in the regulatory reports – the consequences can be minimal, and only in rare cases do transgressions rise to the level of criminal prosecution. In the three years of national data reviewed by ProPublica, which included more than 24,000 formal notices of violations, only one case was referred to criminal investigators.

Usually, violations result in citations or informal warnings. If operators do not address violations, then modest fines may be levied; in some cases, wells are temporarily shut down. There is no central source of information on the size of fines, but an audit of Louisiana's injection program provides a glimpse: In 2011, the state collected an average of $158 for each violation.

After three deaths, two federal worker safety investigations and a criminal prosecution, few injection sites nationwide received as much regulatory scrutiny as those in Rosharon, Texas.  Yet, despite all the attention, the wells there later failed on the most basic level.

On Feb. 17, 2010, thousands of gallons of waste that had been deposited into these wells gurgled to the surface in what the Railroad Commission described as a "breakout." Materials injected far below the earth had managed to migrate back up to the surface, perhaps through an old well missed by regulators.

As of this June, investigators were still analyzing whether the chemicals injected underneath the site had reached water supplies.

++++++++++++++

Friday, September 21, 2012 by PRWatch.org
Coordinated Actions Worldwide this Weekend Call for Banning Fracking
by Sara Jerving
 
 
Concerned people from the U.S. and numerous other countries will join in a global campaign event Saturday to call for a ban of hydraulic fracturing or “fracking." More than 150 events, on five continents, are planned for this weekend’s “Global Frackdown” -- a day of action against fracking -- coupled with the promotion of the expansion of clean, sustainable energy options. 




Concerns about fracking, a process of extracting oil and gas from shale formations, have increased over the past few years as a growing number of communities encounter pressure from the well-funded industry to open up their land and water to industrial drilling. New technologies have made obtaining these deposits cheaper than had been possible in the past, leading to a rapid expansion of fracking across the globe.

During the process of fracking, large quantities of fresh water, coupled with chemicals and sand, are pumped into shale formations in order to crack the rock and extract the fossil fuels.

The blend of "proprietary" chemicals used in this process is largely kept confidential, but studies have revealed that fracking fluids contain a host of toxic substances, including known carcinogens and volatile organic compounds (VOCs). Fracking has the documented potential to contaminate drinking water sources.  Fracking has also been shown to foul both air and land -- in addition to spoiling millions of gallons of fresh water as part of the drilling process.

Fracking has been a contentious issue in many countries that have large shale deposits, which may be located where people live or set aside as natural wildlife areas or parks.

While communities across the globe continue to fight political or legal battles over the use of land and water for the controversial extraction process, Saturday’s day of action will be the first time such efforts are coordinated internationally.

Citizens on Five Continents Call for a Ban
The day of action, spearheaded by Food & Water Watch, has garnered participation of over 150 organizations worldwide. Citizens in Argentina, the Czech Republic, China, Zimbabwe, and the Ukraine, among other nations, will be speaking out on the same day that resisting unlimited fracking is a universal fight.

“Since our water system is deeply interconnected, even if you don’t have a fracking rig next to your house, your health, safety and environment are at risk,” Anna Ghosh of Food & Water Watch said.

Citizens will converge in front of parliament buildings in Bulgaria, South Africa, and the Czech Republic, at the Golden Gate bridge in San Francisco, and at Noosa Beach in Australia. A brigade of bicycles will protest at the site of an injection well in northern Spain. Street theatre performances portraying the dangers of fracking will be held in downtown Chicago and citizens will hand out information on fracking at Madison's weekly farmers' market on the Capitol building square, among other actions.

Day of Action Follows Protests in Brussels, Philadelphia, and Ottawa
Some of the actions already started this week. On Tuesday, members of Green Parties from across Europe gathered in front of the European Parliament building in Brussels, Belgium, holding murky cups of water along with their protest signs, to represent the threat of water contamination that comes with fracking. The European Union is currently in the process of deciding the future of how the continent will move forward on regulating fracking.

This protest came in part in response to the European Parliament’s Industry Committee passing a decision Tuesday that said no environmental regulation amendments are needed to protect citizens from fracking. The European Parliament Environment Committee voted the following day for a more stringent approach to regulation. A European Commission released a report earlier this month calling for strict regulations because of the threat that fracking poses to the health of Europe’s residents and its environment.

On Thursday in Ottawa, the Council of Canadians, dressed in hazmat suits, delivered petitions signed by nearly 10,000 people asking for a moratorium on fracking in that country until federal reviews have been completed. The staff carried fake buckets of toxic fracking fluid to deliver along with the petitions. The protesters had hoped to deliver the petitions to Peter Kent, the Minister of the Environment, but the minister never made an appearance.

About one thousand people gathered in Philadelphia Thursday for “Shale Gas Outrage,” organized by Protecting Our Waters, a Philadelphia-based nonprofit group. The protestors stood outside the Pennsylvania Convention Center where inside Governor Tom Corbett spoke to attendants of a Marcellus Shale industry conference. At the convention, Corbett called those concerned about fracking the "unreasoning opposition" and touted the industry as the "tip of the spear" of a new industrial revolution. Corbett reportedly received nearly $1 million from those in the oil and gas industry during his gubernatorial campaign.

Citizens Standing up to Powerful Industry, Gains Have Been Made
These citizens are up against a powerful, well-funded oil and gas industry with an aggressive public relations campaign to convince the world that fracking is benign. But despite their efforts, victories have been won by citizens hoping to protect their health and the environment from the dangers fracking poses. Fracking has been banned in France, Bulgaria, and the state of Vermont. There are also moratoriums on new fracking wells in New Jersey and New York, as well as in Romania, the Czech Republic, and the German region of North Rhine Westphalia. New York is currently deciding whether to end the state's moratorium on new wells in the state. Around two thousand individuals marched in Albany in August to persuade Governor Andrew Cuomo not to lift the moratorium.

Within the first 24 hours of which she was named to cabinet, Quebec’s new Natural Resources Minister Martine Ouellet said Thursday that she does not think there is any safe way to extract shale gas. “Our position is very clear: we want a complete moratorium, not only on exploitation but also on exploration of shale gas. We haven’t changed our minds,” she said.
A full list of events planned for the "Global Frackdown" is available here.

American Militarism

by DAVE LINDORFF
 
There is a massive deception campaign in the US, and in its global propaganda, which seeks to portray the United States as a poor set-upon nation that would like world peace but just has to keep a military stationed around the globe to “police” all the world’s “trouble spots.”

In fact, nothing could be further from the truth.

That truth is that the US is the biggest war-monger the world has ever known.

Let’s start with its budget. The US, in fiscal year 2012, budgeted a total of $673 billion for the military, plus another $166 billion for military activities of other government departments, such as the nuclear weapons program, much of which is handled by the Department of Energy, or the Veterans Program, which pays for the care and benefits of former military personnel. There’s also another roughly $440 billion in interest paid on the debt from prior wars and military expenditures. All together, that comes to $1.3 trillion, which represents close to 50% of the general budget of the United States — the highest percentage of a government budget devoted to the military of any modern nation in the world — and perhaps of any government of any nation in the world.

That spending represents also the world’s biggest percentage of national gross domestic product devoted to the military (GDP is a measure of all economic activity in a nation). Looking at the other countries with big militaries — China, Russia, Britain and France — not only does not one come even close in terms of the percent of GDP spent on its military, but taken together, all of their expenditures on their military combined total less than half what the US spends by itself.

Since the late 1960s, the US government has engaged in a sleight-of-hand to hide the scale of its military spending from the American people. It has done this by adding to the federal budget the amount of money spent on Social Security, the nation’s retirement program, and Medicare, the health insurance program for the elderly and disabled. This is not a correct accounting however, because both of those programs are actually funded by a separate payroll tax paid by employees and employers, and the resulting trust funds are actually dedicated to the citizens who receive or will receive benefits from the programs. Using that fraud, the government and the politicians are able to claim that the US “only” spends 24% of the budget on military. Even that would be far above what is spent by any other nation in the world, but it is actually only half of what the US really spends as a share of its general budget.

One reason the US military budget is so huge is that the US operates some 900 bases abroad, in what amounts to a program of global empire. It is estimated that the cost of keeping those bases operating is about $250 billion. Empire costs a lot more than that though. There’s also the cost of operating a global fleet of ships, including incredibly costly aircraft carrier battle groups. That cost, surely in excess of $100 billion when the cost of the ships is factored in, doesn’t get broken out by the Pentagon.

Then, there is another way the US is the world’s biggest war-monger. This is in its role as the world’s biggest arms merchant. In 2011, the US sold more than $66 billion in arms to the rest of the world, often, as in the case of India and Pakistan, or India and China, or Israel and Egypt  and Saudi Arabia, selling weapons to countries that are mutually hostile to each other or even, as in the case of India and Pakistan, in a state of active conflict along their border. That $66 billion — an all-time record for the US — was an astonishing and depressing 78 percent of the global arms market for the year.  Russia was the second biggest arms dealer, selling only a paltry $4.8 billion in weapons to the rest of the world.

None of these weapons the US is selling makes either the US or the world any safer.
Indeed, two of the biggest recipients of US military “aid” and weapons sales are Saudi Arabia and Israel. The Saudi regime last year purchased $30 billion in arms from the US that year. Meanwhile the US has been providing Israel with $3 billion in outright military aid each year for years. Israel also buys billions of dollars in weapons from the US each year. Saudi Arabia is a dictatorship and a promoter of instability within Syria, while it also props up dictatorships in countries like Yemen and Bahrain. In other countries, like Israel or Colombia, US aid encourages military actions which could lead to conflicts that would inevitably draw the US in as a participant.

The truth is that none of America’s military spending makes the US safer. While GOP presidential nominee Mitt Romney, caught in some bizarre time warp, may think Russia is America’s “biggest enemy,” the reality is that there is no nation on earth that poses any military threat to the US itself, and to the extent that terrorism might constitute a threat of some kind, America’s trillion-dollar military is virtually useless against such small scale secret actions, which call for a police response, not a carrier battle group or a nuke.

There’s a good reason one doesn’t see fanatics traveling to Brazil or China or New Zealand to blow things up: Those countries aren’t stationing their troops within other countries’ borders, and aren’t selling weapons to countries that threaten their neighbors.

The US government tells Americans that all that money they are spending on the military is designed to “protect” them from harm. In fact, the evidence over the years is that it is making Americans more vulnerable and less safe. Not only that, but the wars that the US has started over the years — in Indochina, in Iraq, in Afghanistan and elsewhere –have led to the deaths of tens of thousands of young Americans (and of course to the deaths of millions of people in those countries, most of them civilians).

History has shown that a country that spends half of every tax dollar collected from its citizens on its military cannot hope to prosper. As President Dwight Eisenhower, a former top general in the US military who led US forces in World War II, once famously stated in a 1953 address to a group of newspaper editors:
“Every gun that is made, every warship launched, every rocket fired signifies, in the final sense, a theft from those who hunger and are not fed, those who are cold and are not clothed. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children. The cost of one modern heavy bomber is this: a modern brick school in more than 30 cities.
It is two electric power plants, each serving a town of 60,000 population. It is two fine, fully equipped hospitals. It is some fifty miles of concrete pavement. We pay for a single fighter plane with a half million bushels of wheat. We pay for a single destroyer with new homes that could have housed more than 8,000 people. This is, I repeat, the best way of life to be found on the road the world has been taking. This is not a way of life at all, in any true sense. Under the cloud of threatening war, it is humanity hanging from a cross of iron.”
Most of the rest of the world isn’t fooled by American government accounting tricks. Being at the barrel end of the gun, people of other countries know how US military spending is a primary cause of war and terror in the world. But we Americans ourselves need to wake up to the massive damage that our military-obsessed political system is doing to our country, lest it ultimately destroys us.  There is a clear reason that social programs in the US are threatened, that the economy is in a prolonged depression, that our education system is collapsing, and that our standing in the world has plummeted. It is our militarism, and the incredible amount of the national wealth that is being spent on it.

Neither Candidate

by BILL QUIGLEY
  1. Neither candidate is interested in stopping the use of the death penalty for federal or state crimes.
  2. Neither candidate is interested in eliminating or reducing the 5,113 US nuclear warheads.
  3. Neither candidate is campaigning to close Guantanamo prison.
  4. Neither candidate has called for arresting and prosecuting high ranking people on Wall Street for the subprime mortgage catastrophe.
  5. Neither candidate is interested in holding anyone in the Bush administration accountable for the torture committed by US personnel against prisoners in Guantanamo or in Iraq or Afghanistan.
  6. Neither candidate is interested in stopping the use of drones to assassinate people in Afghanistan, Pakistan, Yemen or Somalia.
  7. Neither candidate is against warrantless surveillance, indefinite detention, or racial profiling in fighting “terrorism.”
  8. Neither candidate is interested in fighting for a living wage.  In fact neither are really committed beyond lip service to raising the minimum wage of $7.25 an hour  – which, if it kept pace with inflation since the 1960s should be about $10 an hour.
  9. Neither candidate was interested in arresting Osama bin Laden and having him tried in court.
  10. Neither candidate will declare they refuse to bomb Iran.
  11. Neither candidate is refusing to take huge campaign contributions from people and organizations.
  12. Neither candidate proposes any significant specific steps to reverse global warming.
  13. Neither candidate is talking about the over 2 million people in jails and prisons in the US.
  14. Neither candidate proposes to create public jobs so everyone who wants to work can.
  15. Neither candidate opposes the nuclear power industry.  In fact both support expansion.

The Tobacco Conspiracy

Whenever people say large scale conspiracies are impossible, I point to the tobacco industry:


Why Does the Government So Desperately Want Indefinite Detention for Terror Suspects?

Andy Worthington
uruknet.info

What is the government doing? Last year, when Congress passed the National Defense Authorization Act (NDAA), with its contentious passages endorsing the mandatory military detention of terror suspects, there was uproar across the political spectrum from Americans who believed that it would be used on US citizens.

In fact, it was unclear whether or not this was the case. The NDAA was in many ways a follow-up to the Authorization for Use of Military Force, passed by Congress the week after the 9/11 attacks, which authorized the President "to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons."

As confirmed by the Supreme Court in June 2004, in Hamdi v. Rumsfeld, the NDAA also allowed those seized — who were allegedly involved with al-Qaeda and/or the Taliban — to be held until the end of hostilities. The AUMF was, and remains the basis for the detention of prisoners at Guantánamo, but on two occasions President Bush decided that it applied to US citizens — in the cases of Jose Padilla and Yaser Hamdi, who were held on US soil as "enemy combatants" and subjected to torture.

When challenged in court, however, President Bush never attempted to defend holding US citizens without charge or trial, transferring Padilla to the federal court system, and sending Hamdi back to Saudi Arabia, where he had lived for many years before his capture in Afghanistan and his initial transfer to Guantánamo. In the case of the legal US resident Ali al-Marri, a third man held as an "enemy combatant" on the US mainland, and also subjected to torture, President Bush avoided making a decision about him, and it was left to President Obama, who transferred him into the federal court system soon after taking office in January 2009.

If the muddled nature of these precedents made it difficult to establish whether or not the new legislation applied to US citizens as well as foreigners, the changes in wording from the AUMF were also inconclusive. Section 1021 was similar to the AUMF in that it applies to anyone "who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks," but it also expanded the AUMF’s remit, stating explicitly that the military custody provisions also apply to anyone "who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces."

The problem, as anyone capable of looking at the legislation objectively has realized, is that the "associated forces" included with al-Qaeda and the Taliban are not defined, and could, therefore, be applied to anyone regarded as a threat, who could, however tangentially, be claimed to be associated with al-Qaeda and/or the Taliban. As the New York Times explained last week, the NDAA’s enactment "was controversial in part because lawmakers did not specify what conduct could lead to someone’s being detained, and because it was silent about whether the statute extended to American citizens and others arrested on United States soil."

When President Obama signed the NDAA into law on December 31 last year, he tried to allay fears about the military detention provisions. He claimed that Section 1021 "breaks no new ground and is unnecessary," because "[t]he authority it describes was included in the 2001 AUMF [the Authorization for Use of Military Force], as recognized by the Supreme Court and confirmed through lower court decisions since then."

He also sought to reassure those who feared that the provisions might be applied to US citizens, stating, "I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation."

However, after the President signed the NDAA into law, a number of journalists and activists decided to test whether or not he was being truthful, as they feared that the NDAA’s military custody provisions were, in fact, far more sweeping than the AUMF, and that  "associated forces" could include Americans, and could include journalists and activists. The lead plaintiff was the journalist Chris Hedges, and others included Noam Chomsky, Daniel Ellsberg, the Icelandic parliamentarian and WikiLeaks activist Birgitta Jónsdóttir, Kai Wargalla, one of the founders of Occupy London, and the US journalists and activists Tangerine Bolen and Alexa O’Brien.

In May, as I explained here, Hedges and co. won a resounding victory, when, in the District Court in New York, Judge Katherine Forrest struck down, through an injunction, Section 1021 of the NDAA, agreeing with the plaintiffs that it was "constitutionally infirm, violating both their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution."

Judge Forrest’s actions were not permanent. Technically, as she explained in her ruling, she "preliminarily enjoin[ed] enforcement of §1021 pending further proceedings in this Court or remedial action by Congress mooting the need for such further proceedings," and those further proceedings led, last week, to another landmark ruling, when, responding to further submissions by both parties over the last four months, she again sided with the plaintiffs, issuing a permanent injunction on Section 1021 of the NDAA, and explaining why:
The due process rights guaranteed by the Fifth Amendment require that an individual understand what conduct might subject him or her to criminal or civil penalties. Here, the stakes get no higher: indefinite military detention — potential detention during a war on terrorism that is not expected to end in the foreseeable future, if ever. The Constitution requires specificity — and that specificity is absent from §1021(b)(2). [the key passage that includes "associated forces"].
And yet, despite President Obama’s supposedly soothing statements in December, the administration responded to Judge Forrest’s ruling with hysteria, issuing an emergency appeal, and arguing that her injunction "threatens irreparable harm to national security and the public interest by injecting added burdens and dangerous confusion into the conduct of military operations abroad during an active armed conflict."

On Monday — on the 225th anniversary of the signing of the final draft of the US Constitution — Judge Raymond Lohier of the Second Circuit Court of Appeals temporarily stayed Judge Forrest’s injunction, in a brief, one-page ruling, a move that, as the New American noted, "effectively repealed many of that document’s fundamental protections of individual liberties."
So why the urgency? As Chris Hedges asked on Monday, "If the administration is this anxious to restore this section of the NDAA, is it because the Obama government has already used it? Or does it have plans to use the section in the immediate future?"

A plausible explanation was provided by one of the lawyers in the case, co-lead counsel Bruce Arfan, who stated, "A Department of Homeland Security bulletin was issued Friday claiming that the riots [in the Middle East] are likely to come to the US and saying that DHS is looking for the Islamic leaders of these likely riots. It is my view that this is why the government wants to reopen the NDAA — so it has a tool to round up would-be Islamic protesters before they can launch any protest, violent or otherwise. Right now there are no legal tools to arrest would-be protesters. The NDAA would give the government such power. Since the request to vacate the injunction only comes about on the day of the riots, and following the DHS bulletin, it seems to me that the two are connected. The government wants to reopen the NDAA injunction so that they can use it to block protests."

Bruce Arfan may be right, and it may be that the current unrest — blamed on an anti-Islamic film, but more honestly to do with the ongoing injustice of US foreign policy, and Obama’s extensive use of drones — has shaken the administration to such an extent that they fear reprisals in the US, and want to be prepared.

That does not explain why the administration has been fighting Judge Forrest for many months, although it does explain why reports from the plaintiffs suggest a recent spike in the level of the government’s hysteria. Unfortunately for the administration, though, the detention policies at Guantánamo that these provisions echo have, from the beginning, been a dangerous aberration. The Geneva Conventions and US criminal statutes still provide all the tools necessary to detain people regarded as dangerous.

If the administration has other views regarding military detention without charge or trial — such as finding an excuse to hold people indefinitely on suspicion of what they might do — senior officials need to stop before they start down this road. Men are dying at Guantánamo after ten years against whom no actual evidence of wrongdoing exists, and this and all the other ruinous lawlessness that was implemented by the Bush administration does not, in the end, make Americans safer. Obama once claimed to know that the kind of injustices enshrined at Guantánamo only serve to recruits enemies for America. Revisiting those injustices through the NDAA — if that is what the administration has in mind — is not the answer, and should be avoided at all costs.

Soldiers speak out against the ongoing wars


Sunday, September 23, 2012

How US Democracy Became Property of Commercial Oligarchy

Feast of Fools
Thursday, 20 September 2012 By Lewis H Lapham, TomDispatch

All power corrupts but some must govern. -- John le Carré

The ritual performance of the legend of democracy in the autumn of 2012 promises the conspicuous consumption of $5.8 billion, enough money, thank God, to prove that our flag is still there. Forbidden the use of words apt to depress a Q Score or disturb a Gallup poll, the candidates stand as product placements meant to be seen instead of heard, their quality to be inferred from the cost of their manufacture. The sponsors of the event, generous to a fault but careful to remain anonymous, dress it up with the bursting in air of star-spangled photo ops, abundant assortments of multiflavored sound bites, and the candidates so well-contrived that they can be played for jokes, presented as game-show contestants, or posed as noble knights-at-arms setting forth on vision quests, enduring the trials by klieg light, until on election night they come to judgment before the throne of cameras by whom and for whom they were produced.

Best of all, at least from the point of view of the commercial oligarchy paying for both the politicians and the press coverage, the issue is never about the why of who owes what to whom, only about the how much and when, or if, the check is in the mail. No loose talk about what is meant by the word democracy or in what ways it refers to the cherished hope of liberty embodied in the history of a courageous people.

The campaigns don't favor the voters with the gratitude and respect owed to their standing as valuable citizens participant in the making of such a thing as a common good. They stay on message with their parsing of democracy as the ancient Greek name for the American Express card, picturing the great, good American place as a Florida resort hotel wherein all present receive the privileges and comforts owed to their status as valued customers, invited to convert the practice of citizenship into the art of shopping, to select wisely from the campaign advertisements, texting A for Yes, B for No.

The sales pitch bends down to the electorate as if to a crowd of restless children, deems the body politic incapable of generous impulse, selfless motive, or creative thought, delivers the insult with a headwaiter's condescending smile. How then expect the people to trust a government that invests no trust in them? Why the surprise that over the last 30 years the voting public has been giving ever-louder voice to its contempt for any and all politicians, no matter what their color, creed, prior arrest record, or sexual affiliation? The congressional disapproval rating (78% earlier this year) correlates with the estimates of low attendance among young voters (down 20% from 2008) at the November polls.


Democracy as an ATM

If democracy means anything at all (if it isn't what the late Gore Vidal called "the national nonsense-word"), it is the holding of one's fellow citizens in thoughtful regard, not because they are beautiful or rich or famous, but because they are one's fellow citizens. Republican democracy is a shared work of the imagination among people of myriad talents, interests, voices, and generations that proceeds on the premise that the labor never ends, entails a ceaseless making and remaking of its laws and customs, i.e., a sentient organism as opposed to an ATM, the government an 'us,' not a 'them.'

Contrary to the contemporary view of politics as a rat's nest of paltry swindling, Niccolò Machiavelli, the fifteenth-century courtier and political theorist, rates it as the most worthy of human endeavors when supported by a citizenry possessed of the will to act rather than the wish to be cared for. Without the "affection of peoples for self-government...cities have never increased either in dominion or wealth."

Thomas Paine in the opening chapter of Common Sense finds "the strength of government and the happiness of the governed" in the freedom of the common people to "mutually and naturally support each other." He envisions a bringing together of representatives from every quarter of society -- carpenters and shipwrights as well as lawyers and saloonkeepers -- and his thinking about the mongrel splendors of democracy echoes that of Plato in The Republic: "Like a coat embroidered with every kind of ornament, this city, embroidered with every kind of character, would seem to be the most beautiful."

Published in January 1776, Paine's pamphlet ran through printings of 500,000 copies in a few months and served as the founding document of the American Revolution, its line of reasoning implicit in Thomas Jefferson's Declaration of Independence. The wealthy and well-educated gentlemen who gathered 11 years later in Philadelphia to frame the Constitution shared Paine's distrust of monarchy but not his faith in the abilities of the common people, whom they were inclined to look upon as the clear and present danger seen by the delegate Gouverneur Morris as an ignorant rabble and a "riotous mob."

From Aristotle the founders borrowed the theorem that all government, no matter what its name or form, incorporates the means by which the privileged few arrange the distribution of law and property for the less-fortunate many. Recognizing in themselves the sort of people to whom James Madison assigned "the most wisdom to discern, and the most virtue to pursue, the common good of the society," they undertook to draft a constitution that employed an aristocratic means to achieve a democratic end.

Accepting of the fact that whereas a democratic society puts a premium on equality, a capitalist economy does not, the contrivance was designed to nurture both the private and the public good, accommodate the motions of the heart as well as the movement of the market, the institutions of government meant to support the liberties of the people, not the ambitions of the state. By combining the elements of an organism with those of a mechanism, the Constitution offered as warranty for the meeting of its objectives the character of the men charged with its conduct and deportment, i.e., the enlightened tinkering of what both Jefferson and Hamilton conceived as a class of patrician landlords presumably relieved of the necessity to cheat and steal and lie.

Good intentions, like mother's milk, are a perishable commodity. As wealth accumulates, men decay, and sooner or later an aristocracy that once might have aspired to an ideal of wisdom and virtue goes rancid in the sun, becomes an oligarchy distinguished by a character that Aristotle likened to that of "the prosperous fool" -- its members so besotted by their faith in money that "they therefore imagine there is nothing that it cannot buy."


Postponing the Feast of Fools

The making of America's politics over the last 236 years can be said to consist of the attempt to ward off, or at least postpone, the feast of fools. Some historians note that what the framers of the Constitution hoped to establish in 1787 ("a republic," according to Benjamin Franklin, "if you can keep it") didn't survive the War of 1812. Others suggest that the republic was gutted by the spoils system introduced by Andrew Jackson in the 1830s. None of the informed sources doubt that it perished during the prolonged heyday of the late-nineteenth-century Gilded Age.

Mark Twain coined the phrase to represent his further observation that a society consisting of the sum of its vanity and greed is not a society at all but a state of war. In the event that anybody missed Twain's meaning, President Grover Cleveland in 1887 set forth the rules of engagement while explaining his veto of a bill offering financial aid to the poor: "The lesson should be constantly enforced that, though the people support the government, the government should not support the people."

Twenty years later, Arthur T. Hadley, the president of Yale, provided an academic gloss: "The fundamental division of powers in the Constitution of the United States is between voters on the one hand and property owners on the other. The forces of democracy on the one side... and the forces of property on the other side."

In the years between the Civil War and the Great Depression, the forces of democracy pushed forward civil-service reform in the 1880s, the populist rising in the 1890s, the progressive movement in the 1910s, President Teddy Roosevelt's preservation of the nation's wilderness and his harassment of the Wall Street trusts -- but it was the stock-market collapse in 1929 that equipped the strength of the country's democratic convictions with the power of the law. What Paine had meant by the community of common interest found voice and form in Franklin Roosevelt's New Deal, in the fighting of World War II by a citizen army willing and able to perform what Machiavelli would have recognized as acts of public conscience.

During the middle years of the twentieth century, America at times showed itself deserving of what Albert Camus named as a place "where the single word liberty makes hearts beat faster," the emotion present and accounted for in the passage of the Social Security Act, in the mounting of the anti-Vietnam War and civil rights movements, in the promise of LBJ's Great Society. But that was long ago and in another country, and instead of making hearts beat faster, the word liberty in America's currently reactionary scheme of things slows the pulse and chills the blood.

Ronald Reagan's new Morning in America brought with it in the early 1980s the second coming of a gilded age more swinish than the first, and as the country continues to divide ever more obviously into a nation of the rich and a nation of the poor, the fictions of unity and democratic intent lose their capacity to command belief. If by the time Bill Clinton had settled comfortably into the White House it was no longer possible to pretend that everybody was as equal as everybody else, it was clear that all things bright and beautiful were to be associated with the word private, terminal squalor and toxic waste with the word public.

The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country's equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas. Their anxious and spendthrift company bears the mark of oligarchy ridden with the disease diagnosed by the ancient Greeks as pleonexia, the appetite for more of everything -- more McMansions, more defense contracts, more beachfront, more tax subsidy, more prosperous fools. Aristotle mentions a faction of especially reactionary oligarchs in ancient Athens who took a vow of selfishness not unlike the anti-tax pledge administered by Grover Norquist to Republican stalwarts in modern Washington: "I will be an enemy to the people and will devise all the harm against them which I can."


A Government That Sets Itself Above the Law

The hostile intent has been conscientiously sustained over the last 30 years, no matter which party is in control of Congress or the White House, and no matter what the issue immediately at hand -- the environment or the debt, defense spending or campaign-finance reform. The concentrations of wealth and power express their fear and suspicion of the American people with a concerted effort to restrict their liberties, letting fall into disrepair nearly all of the infrastructure -- roads, water systems, schools, power plants, bridges, hospitals -- that provides the country with the foundation of its common enterprise.

The domestic legislative measures accord with the formulation of a national-security state backed by the guarantee of never-ending foreign war that arms the government with police powers more repressive than those available to the agents of the eighteenth-century British crown. The Justice Department reserves the right to tap anybody's phone, open anybody's mail, decide who is, and who is not, an un-American. The various government security agencies now publish 50,000 intelligence reports a year, monitoring the world's Web traffic and sifting the footage from surveillance cameras as numerous as the stars in the Milky Way. President Barack Obama elaborates President George W. Bush's notions of preemptive strike by claiming the further privilege to order the killing of any American citizen overseas who is believed to be a terrorist or a friend of terrorists, to act the part of jury, judge, and executioner whenever and however it suits his exalted fancy.

Troubled op-ed columnists sometimes refer to the embarrassing paradox implicit in the waging of secret and undeclared war under the banners of a free, open, and democratic society. They don't proceed to the further observation that the nation's foreign policy is cut from the same criminal cloth as its domestic economic policy. The invasion of Iraq in 2003 and the predatory business dealing that engendered the Wall Street collapse in 2008 both enjoyed the full faith and backing of a government that sets itself above the law.

The upper servants of the oligarchy, among them most of the members of Congress and the majority of the news media's talking heads, receive their economic freedoms by way of compensation for the loss of their political liberties. The right to freely purchase in exchange for the right to freely speak. If they wish to hold a public office or command attention as upholders of the truth, they can't afford to fool around with any new, possibly subversive ideas.

Paine had in mind a representative assembly that asked as many questions as possible from as many different sorts of people as possible. The ensuing debate was expected to be loud, forthright, and informative. James Fenimore Cooper seconded the motion in 1838, arguing that the strength of the American democracy rests on the capacity of its citizens to speak and think without cant. "By candor we are not to understand trifling and uncalled-for expositions of truth... but a sentiment that proves the conviction of the necessity of speaking truth, when speaking at all; a contempt for all designing evasions of our real opinions. In all the general concerns, the public has a right to be treated with candor. Without this manly and truly republican quality... the institutions are converted into a stupendous fraud."

Oligarchy prefers trifling evasions to real opinions. The preference accounts for the current absence of honest or intelligible debate on Capitol Hill. The members of Congress embody the characteristics of only one turn of mind -- that of the obliging publicist. They leave it to staff assistants to write the legislation and the speeches, spend 50% of their time soliciting campaign funds. When standing in a hotel ballroom or when seated in a television studio, it is the duty of the tribunes of the people to insist that the drug traffic be stopped, the budget balanced, the schools improved, paradise regained. Off camera, they bootleg the distribution of the nation's wealth to the gentry at whose feet they dance for coins.


A Media Enabling and Codependent

As with the Congress, so also with the major news media that serve at the pleasure of a commercial oligarchy that pays them, and pays them handsomely, for their pretense of speaking truth to power. On network television, the giving voice to what Cooper would have regarded as real opinions doesn't set up a tasteful lead-in to the advertisements for Pantene Pro-V or the U.S. Marine Corps. The prominent figures in our contemporary Washington press corps regard themselves as government functionaries, enabling and codependent. Their point of view is that of the country's landlords, their practice equivalent to what is known among Wall Street stock market touts as "securitizing the junk."

The time allowed on Face the Nation or Meet the Press facilitates the transmission of sound-bite spin and the swallowing of welcome lies. Explain to us, my general, why the United States must continue the war in Afghanistan, and we will relay the message to the American people in words of two syllables. Instruct us, Mr. Chairman, in the reasons why the oil companies and the banks produce the paper that Congress doesn't read but passes into law, and we will show the reasons to be sound. Do not be frightened by our pretending to be scornful or suspicious. Give us this day our daily bread, and we will hide your stupidity and greed in plain sight, in the rose bushes of inside-the-beltway gossip.

The cable-news networks meanwhile package dissent as tabloid entertainment, a commodity so clearly labeled as pasteurized ideology that it is rendered harmless and threatens nobody with the awful prospect of having to learn something they didn't already know. Comedians on the order of Jon Stewart and Bill Maher respond with jokes offered as consolation prizes for the acceptance of things as they are and the loss of hope in things as they might become. As soporifics, not, God forbid, as incitements to revolution or the setting up of guillotines in Yankee Stadium and the Staples Center.

Barack Obama and Mitt Romney hold each other responsible for stirring up class warfare between the 1% and the 99%; each of them can be counted upon to mourn the passing of America's once-upon-a-time egalitarian state of grace. They deliver the message to fund-raising dinners that charge up to $40,000 for the poached salmon, but the only thing worth noting in the ballroom or the hospitality tent is the absence among the invited bank accounts (prospective donor, showcase celebrity, attending journalist) of anybody intimately acquainted with -- seriously angry about, other than rhetorically interested in -- the fact of being poor.

When intended to draw blood instead of laughs, speaking truth to power doesn't lead to a secure retirement on the beach at Martha's Vineyard. Paine was the most famous political thinker of his day, his books in the late eighteenth century selling more copies than the Bible, but after the Americans had won their War of Independence, his notions of democracy were deemed unsuitable to the work of dividing up the spoils. The proprietors of their newfound estate claimed the privilege of apportioning its freedoms, and they remembered that Paine opposed the holding of slaves and the denial to women of the same sort of rights awarded to men. A man too much given to plain speaking, on too familiar terms with the lower orders of society, and therefore not to be trusted.

His opinions having become both suspect and irrelevant in Philadelphia, Paine sailed in 1787 for Europe, where he was soon charged with seditious treason in Britain (for publishing part two of The Rights of Man), imprisoned and sentenced to death in France (for his opposition to the execution of Louis XVI on the ground that it was an unprincipled act of murder). In 1794, Paine fell from grace as an American patriot as a consequence of his publishing The Age of Reason, the pamphlet in which he ridiculed the authority of an established church and remarked on "the unrelenting vindictiveness with which more than half the Bible is filled." The American congregation found him guilty of the crime of blasphemy, and on his return to America in 1802, he was met at the dock in Baltimore with newspaper headlines damning him as a "loathsome reptile," a "lying, drunken, brutal infidel." When he died in poverty in 1809, he was buried, as unceremoniously as a dog in a ditch, in unhallowed ground on his farm in New Rochelle.

Paine's misfortunes speak to the difference between politics as a passing around of handsome platitudes and politics as a sowing of the bitter seeds of social change. The speaking of truth to power when the doing so threatens to lend to words the force of deeds is as rare as it is brave. The signers of the Declaration of Independence accepted the prospect of being hanged in the event that America lost the war.

Our own contemporary political discourse lacks force and meaning because it is a commodity engineered, like baby formula and Broadway musicals, to dispose of any and all unwonted risk. The forces of property occupying both the government and the news media don't rate politics as a serious enterprise, certainly not as one worth the trouble to suppress.

It is the wisdom of the age -- shared by Democrat and Republican, by forlorn idealist and anxious realist -- that money rules the world, transcends the boundaries of sovereign states, serves as the light unto the nations, and waters the tree of liberty. What need of statesmen, much less politicians, when it isn't really necessary to know their names or remember what they say? The future is a product to be bought, not a fortune to be told.

Happily, at least for the moment, the society is rich enough to afford the staging of the fiction of democracy as a means of quieting the suspicions of a potentially riotous mob with the telling of a fairy tale. The rising cost of the production -- the pointless nominating conventions decorated with 15,000 journalists as backdrop for the 150,000 balloons -- reflects the ever-increasing rarity of the demonstrable fact. The country is being asked to vote in November for television commercials because only in the fanciful time zone of a television commercial can the American democracy still be said to exist.

Romney Threatened To Cancel Univision Forum If Organizers Didn’t Allow Him To Bus In Supporters


Mitt borrowed Boehner's can of spray tan.


By Igor Volsky on Sep 22, 2012 - ThinkProgress

Mitt Romney packed the audience for a Univision forum earlier this week, BuzzFeed’s McKay Coppins reports, busing in local supporters “after exhausting the few conservative groups on campus.” The campaign threatened to “reschedule” the event if organizers did not allow the “rowdy activists from around southern Florida in order to fill the extra seats at their town hall.”

Romney also refused to come out on stage after the hosts introduced him by noting that he “had agreed to give the network 35 minutes, and that Obama had agreed to a full hour the next night.” Univision re-taped the introduction after Romney allegedly “threw a tantrum.”

During the event, Romney dodged four questions about whether he would maintain President Obama’s directive allowing young undocumented immigrants to stay in the United States on a temporary basis and said that he is happy to be known as “the grandfather of Obamacare.”

Romney has a history of padding the audience. During a speech before National Association of Latino Elected and Appointed Officials (NALEO) in June, the GOP presidential candidate also brought in his supporters to the address.