Jonathan Turley: Assertion Of Executive Privilege In Fast And Furious Offends Against Separation Of Powers

Here:

"The assertion in my view is facially overbroad and excessive. It is the latest example of sweeping claims of executive power and privilege by this Administration. Congress has ample reason to investigate this operation, which involves alleged criminal acts that may have resulted in the death of third parties, including a U.S. agent. The Justice Department is accused of complicity in one of the most ill-conceived and harmful operations in recent years. The very officials and agency accused of wrongdoing is claiming that it can withhold documents from a committee with oversight responsibilities. ...

"Holder insists that they fall within the “deliberative process” privilege. The position however could sharply curtail the ability of Congress to be a check and balance in such controversies. ...

"The use of the privilege in my view raises serious questions over the separation of powers in the tripartite system. ...

"My greatest concern rests with the impact on checks and balances in a system already left anemic by ever-expanding claims of executive power."

Jonathan Turley: Obama's Deportation Order "One More Brick In The Wall Of The Imperial Presidency"

So here:

"It raises some troubling questions, again, about President Obama['s] assertion of executive power. While liberals again celebrate the unilateral action, they ignore that danger that the next president may also simply chose to ignore whole areas of the federal law and criminal code in areas ranging from the environment to employment discrimination. It is one more brick in the wall of the Imperial Presidency constructed under Barack Obama — a wall that may prove difficult to dismantle for citizens in the future."

Obama Claims Executive Privilege Over Something He Says He Knew Nothing About

Uh huh.

EU Fascism: Methinks Mr. Barroso Doth Protest Too Much Of Democracy

So does Ambrose Evans-Pritchard here, who for prudential reasons does not call Mr. Barroso's EU fascist, but he might as well have:

I would accept that six or seven of the EU states are genuine long-established democracies. Others are – frankly, to borrow Mr Barroso’s diction – on probation, in historical terms. Some do not qualify at all. (I refrain from naming them for fear of extradition by one of their politico-magistrates under the European Arrest Warrant scheme, sold to voters as an anti-terrorism device and now used to muzzle free speech).

As for the EU itself, the organisation toppled the elected governments of Italy and Greece last year, replacing them with EU technocrats.

It ignored the NO votes to the European Constitution in France and The Netherlands, ramming through the slightly-altered text as the Lisbon Treaty without referendums – except in Ireland. When the Irish voted NO to that as well, they too were ignored.

That was the moment when the EU crossed the line altogether and lost fundamental legitimacy (at least for me). Lisbon is a rogue Treaty. Mr Barroso – charming though he may be – is a rogue president of a rogue Commission.

The whole construct has become authoritarian and will become autocratic if this crisis is exploited to force through fiscal union.

So we face democratic danger if they take the necessary steps to rescue the euro, and we face financial danger if they don’t.

Thanks a lot.

It's not like the analogy hasn't occurred to him very recently, either, as here:

It was for this outcome that the Greece’s elected government was toppled last year in an EU Putsch. We now learn from ex-premier George Papandreou that this was "all Sarkozy’s fault".

France’s leader refused to let Papandreou call a referendum on the bail-out terms (which would almost certainly have passed), and Chancellor Angela Merkel went along with this shoddy act of EU colonialism. The EU threatened, in effect, to cut off Troika payments. The PASOK government was replaced by an EU-appointed technocrat. ...

Year after year of "internal devaluation" will drive [Greek] unemployment to catastrophic levels before it breaks the back of the labour movement sufficiently to clear the way for drastic pay cuts. It is basically a Fascist policy. Mussolini pulled it of in 1928 under the Lira Forte policy, but he had coercive advantages.

Goodbye Euro. Get Ready For The New Thaler, The Dollar's Forebear.

From Germany, of course.

Ambrose Evans-Pritchard summarizes the recent developments about a North-South split in Europe, here:

Unease over escalating euro rescues is building by the day in Germany. Forty economists and professors have written a joint letter to Mrs Merkel proposing a break-away "Northern Euro", exhorting her to step back from the brink before making the "even greater error" of ratifying the ESM.

The group said Berlin must clarify exactly how much Germany could stand to lose from the ECB's internal payments system, known as Target2. The Bundesbank claims on fellow central banks have exploded to €699bn, or 27pc of German GDP. The arcane issue of Target2 has fueled a hot-tempered debate in Germany over who foots the bill if monetary union falls apart.

The professors called for study laying out the pros and cons of a return to the D-Mark, or the creation of a new currency or "North Euro" led by Germany, the Netherlands, and like-minded states.

The idea of a North Euro -- or "Thaler", the coin of the late Holy Roman Empire -- was first [m]ooted by the former chief of the German Industry Federation, Hans-Olaf Henkel.

It would let southern EMU states to keep the euro and uphold euro debt contracts. The region could reflate and regain trade competitivenes with a weaker exchange rate.

While the letter is unlikely to sway thinking in Berlin, such radical proposals are gaining a wider hearing. Georg Schuh, chief investor of Deutsche Bank's DB Advisers, said the crisis is terminal. "A break-up of the eurozone is very likely. Capital markets have already priced it i[n]. I think we are in the end-phase," he said.

Due To Low Taxes On Fuel, USA Ranks Among Nations With Lowest Price Per Gallon

US fuel taxes, state and federal combined, average about 50 cents per gallon. Fuel taxes in much of Europe are four, five, and six times higher than in the USA, typically running from $2.00 to $3.00 per gallon.

Prices in the table reflect conditions prevailing around the world in early April 2012 when prices were at their most recent highs.

(source)

Fuel Taxes In Developed World 4 To 6 Times Higher Per Gallon Than In USA

Fuel taxes in 2010 were 6 or more times higher per gallon than in the US in places such as Turkey, Germany, Britain, Finland, and France.

5 times higher in Italy, Ireland and Sweden.

4 times higher in Spain, South Korea, Japan and Poland.

Converts To Conservatism Like Mitt Romney Are The Worst Bigots

"Fox News is watched by the true believers."

Public Pension Funding Gap Widens 9 Percent Between 2009 And 2010

"The total gap between the money states had available and what they'll have to pay out in the decades ahead reached $757 billion in 2010, the most recent year for which figures are available. That was up 9 percent from the year before, according to the study entitled 'The Widening Gap Update'."


Read the complete story, here.

Government Intervention Reduces Amplitude At The Expense Of Longer Wavelength

And we're all pretty sick of it, too.

Macroeconomic wisdom from Joe Calhoun, here:

Government intervention in times of recession is seen as the compassionate thing to do but it doesn’t accomplish what it purports to. Intervention – monetary or fiscal – can reduce the amplitude of the business cycle but only at the expense of a longer wavelength. Fiscal policies that provide temporary income support during unemployment only work until the benefits inevitably run out. Bailout programs that rescue badly managed companies only work until further mismanagement destroys the capital provided by the bailout. Monetary policies designed to distort asset prices have no lasting effect and only work as long as the Fed is actively intervening in the market. All interventions may be well meaning but there is no free lunch. Eventually, economic reality must be accepted and the excesses purged.

All PIIGS Among 14 Countries With 10 Year Borrowing Costs In Excess Of 6 Percent

As shown here:

With Deposit Guarantee Schemes in PIIGS Flat on Their Backs, ELA Stands Ready

Bloomberg here had the awful truth buried in an article at the end of May:

Spain has dipped into its guarantee fund, which stood at 6.6 billion euros in October, to cover loan losses for buyers of failed banks. It used the facility to inject 5.25 billion euros into Caja de Ahorros del Mediterraneo when it agreed to sell it to Banco Sabadell SA in December. The deposit-guarantee program will also reimburse the bank-rescue fund for the 953 million euros it paid for a stake in Unnim Banc, which was sold to Banco Bilbao Vizcaya Argentaria SA. (BBVA) The country had 931.2 billion euros of deposits at the end of March, according to ECB data.

In other words, in October 2011 Spain had at best only 7 billion euros guaranteeing roughly 931 billion euros in deposits. After covering the losses mentioned, Spain is down to 0.4 billion euros covering 931 billion euros.

As if that's not bad enough:

Italy’s deposit-insurance program is still unfunded, with banks pledging to contribute if and when necessary. Silvia Lazzarino De Lorenzo, a spokeswoman for Roberto Moretti, chairman of the Interbank Deposit Protection Fund, declined to comment. The country had 1.1 trillion euros of deposits at the end of March, ECB data show.

Compared to Italy which can cover nothing, and Spain which can't cover one tenth of one percent, Portugal looks like a veritable paragon of prudent planning with 0.85 percent of deposits covered:

Portugal has a deposit fund of 1.4 billion euros collected from banks through annual contributions, according to Barclays. The country’s total deposits stood at 164.7 billion euros at the end of March, according to the central bank.

John Mauldin, depending on David Kotok, here, must think that all that is really quite beside the point since the ECB funnels liquidity to the various European national banks through secretive ELA, "emergency liquidity assistance". These transfers then become debts on the books of the sovereigns, which only make their borrowing problems, and their euro area spending compliance problems, that much worse.

Notice the dramatic explosion in ELA funding by the ECB in May 2012.

Obviously, the ECB was getting ready for today's big event.

Between Greece with about 150 billion euros left in the banks and Portugal with a like amount, and Spain and Italy with about 2 trillion euros between them, the ELA backstop for the banks of those four countries represents at best about 10 percent of deposits.

It's a stop-gap measure which might work, but the euro area's problems will only continue to fester and worsen no matter what happens today in Greece.

Who knows, maybe that spat between Merkel and Hollande was just for show so that Hollande gets what he needs today in his own elections in France, after which they'll work it on out.

Hope springs eternal. 

Another Call To Impeach The President, This Time Over His Deportation Order

The president's executive order is an end-run around existing immigration law, as noted here:

If the citizens of this Republic still took the Constitution seriously, Obama would be impeached for his decision to unilaterally grant amnesty to certain illegal aliens. ...

The role of the President, according to Article II, Sec. 3, is to "take Care that the Laws be faithfully executed." Obama's refusal to execute Congress's immigration laws (or, for that matter, Congress's Defense of Marriage Act) is an impeachable offense. Article II, Sec. 4 states that the President "shall be removed from Office on Impeachment for... Treason, Bribery, or other High Crimes and Misdemeanors." The deliberate failure to enforce valid immigration law and allow hordes of foreigners to live and work in the U.S. is, arguably, "treason," and doing so in an election year to appease Hispanic voters could certainly be considered "bribery."

The Imperial President Gets Flustered And Loses His Cool

Why does "the smartest president ever" get thrown off so easily, so embarrassingly, so often?

Video here.

Obama March 2011: "I Can't Just Suspend Deportations Through Executive Order"

The story and video are here:

"With respect to the notion that I can just suspend deportations through executive order, that’s just not the case, because there are laws on the books that Congress has passed."

Just another Obama statement with an expiration date. 

Obama Is The Imperial President Democrats Thought Bush Was

Charles Krauthammer says it like it is, quoted here:

“This is out-and-out lawlessness. You had a clip of the president himself say months ago ‘I cannot do this on my own because there are laws on the books.’ Well, I have news for president — the laws remain on the books. They haven’t changed.”

“He proposed the DREAM Act of which the executive order is a variation. He proposed a DREAM Act. The Congress said no. The Congress is the one who makes the laws. What the administration does is it administers law.”

“And in fact, what it is pretending to do is to use discretion. That’s what the Homeland Security said. This is not discretion. Discretion is when you treat it on a one-by-one basis on the grounds of extenuating circumstances. That is declaration of a new set of criteria, which is essentially resurrecting the legislation that the Congress has said no to.”

“And I think this is not how you run a constitutional republic. This ought to be in the hands of Congress, and it is an end-run. And what’s ironic of course is for eight years, the Democrats have been screaming about the imperial presidency with the Bush administration — the nonsense about the unitary executive. This is out-and-out lawlessness. This is not how you govern. And I think that is the first issue that should be on the table.”

Refinery Shutdowns Drive Up Cheapest Price Of Gasoline in Grand Rapids, MI, To $3.62

The national average for gasoline is nearly $3.55, but in Grand Rapids, Michigan, our cheapest gasoline today is $3.62 because of supply shortages due to refinery shutdowns in Illinois.

Oh, Only They Can Call Each Other Cool

Spain's Bankia As Crooked As It Looks: Cooked The Books Using "Dynamic Provisioning"

And the EU knew about it. So says Jonathan Weil for Bloomberg.com, here:

One of the catalysts for last weekend’s bailout request was the decision last month by the Bankia (BKIA) group, Spain’s third-largest lender, to restate its 2011 results to show a 3.3 billion-euro ($4.2 billion) loss rather than a 40.9 million-euro profit. Looking back, we probably should have known Spain’s banks would end up this way, and that their reported financial results bore no relation to reality. ...

One of the more candid advocates of Spain’s approach was Charlie McCreevy, the EU’s commissioner for financial services from 2004 to 2010, who previously had been Ireland’s finance minister. During an April 2009 meeting of the monitoring board that oversees the International Accounting Standards Board’s trustees, McCreevy said he knew Spain’s banks were violating the board’s rules. This was fine with him, he said.

“They didn’t implement IFRS, and our regulations said from the 1st January 2005 all publicly listed companies had to implement IFRS,” McCreevy said, according to a transcript of the meeting on the monitoring board’s website. “The Spanish regulator did not do that, and he survived this. His banks have survived this crisis better than anybody else to date.”

McCreevy, who at the time was the chief enforcer of EU laws affecting banking and markets, went on: “The rules did not allow the dynamic provisioning that the Spanish banks did, and the Spanish banking regulator insisted that they still have the dynamic provisioning. And they did so, but I strictly speaking should have taken action against them.”

Why didn’t he take action? McCreevy said he was a fan of dynamic provisioning. “Why am I like that? Well, I’m old enough to remember when I was a young student that in my country that I know best, banks weren’t allowed to publish their results in detail,” he said. “Why? Because we felt if everybody saw the reserves, etc., it would create maybe a run on the banks.” ...

Someday maybe the world’s leaders will learn that masking losses undermines investor confidence and makes crises worse. We can only hope they don’t manage to blow up the whole financial system first.

Obama's Trans-Pacific Partnership Trade Pact Favors Multinationals Over Sovereigns

If I didn't know better, I'd say fascism for Obama is merely a now worn out model for a grander scheme of global governance by elites who exercise that rule as staff of multinational corporations and think of themselves as citizens of the world.

From HuffPo, here:

[A] newly leaked document is one of the most controversial of the Trans-Pacific Partnership trade pact. It addresses a broad sweep of regulations governing international investment and reveals the Obama administration's advocacy for policies that environmental activists, financial reform advocates and labor unions have long rejected for eroding key protections currently in domestic laws. ...

[F]oreign corporations operating within the U.S. would be permitted to appeal key American legal or regulatory rulings to an international tribunal. That international tribunal would be granted the power to overrule American law and impose trade sanctions on the United States for failing to abide by its rulings. ...

Two United Nations groups recently urged global governments not to agree to trade terms currently being advocated by the Obama administration, on the grounds that such rules would hurt public health.

Such foreign investment standards have also come under fire at home, from both conservative sovereignty purists and progressive activists for the potential to hamper domestic priorities implemented by democratically elected leaders. The North American Free Trade Agreement, passed by Congress in 1993, and a host of subsequent trade pacts granted corporations new powers that had previously been reserved for sovereign nations and that have allowed companies to sue nations directly over issues.

While the current trade deal could pose a challenge to American sovereignty, large corporations headquartered in the U.S. could potentially benefit from it by using the same terms to oppose the laws of foreign governments. If one of the eight Pacific nations involved in the talks passes a new rule to which an American firm objects, that U.S. company could take the country to court directly in international tribunals.

Public Citizen challenged the independence of these international tribunals, noting that "The tribunals would be staffed by private sector lawyers that rotate between acting as 'judges' and as advocates for the investors suing the governments," according to the text of the agreement.

Yves Smith of Naked Capitalism here is so beside herself she's wondering if Obama can be impeached over this.