Tuesday, December 21, 2010

6th US Circuit Court of Appeals Defends Fourth Amendment on Email

“The government may not compel a commercial ISP to turn over the contents of a subscriber’s e-mails without first obtaining a warrant based on probable cause”, the appeals court ruled. The decision — one stop short of the Supreme Court — covers Kentucky, Michigan, Ohio and Tennessee.

So, how about all that email the NSA has already illegally read?

Read more on the story at Wired.com here.

Monday, December 20, 2010

Blame, or Credit, GLD for the Rise of Gold

With which Peter Cohan seems to agree:

The key hasn't been any inherent increase in gold's value to society. Instead, gold rose because a South African mine owner -- with help from consulting firm Bain & Co. -- invented a way to sell it to the masses without the hassle of physically delivering the shiny metal, explains a Bloomberg BusinessWeek article published Sunday. The question now is: How will the masses react when the parabolic price rise facilitated by this marketing coup ends up collapsing?

Me too. It's an easy place for fear to tread.

The rest is here.

They Make The Scanner Vans That Spy On You

as-e.com

They Make The Drones That Spy On You

insitu.com

Your Garbage Man is Spying on You, Too

Trucks are now armed with a cell phone, camera and incident reports so they'll have accurate information for police and, possibly, prosecutors.

The story is here.

Houston Police Test 40 lb Scan Eagle Drone To Spy on Americans

The video is here.

Test launch in Houston
Insitu Inc. Ground Ops, Houston
Close up by TV crew
Fly by footage

from insitu.com video
drone in a box
military use

insitu.com

We Have Created a Police State Monster in the Name of Homeland Security

A vast network of "fusion centers" in every state in America now routinely develops data bases containing centralized data files about Americans, their communications and their movements, who do such innocent things as gather for a ferry ride and take pictures but which some snitch reported as "suspicious."

From today's disturbing 8-page Washington Post story:

The vast majority of fusion centers across the country have transformed themselves into analytical hubs for all crimes and are using federal grants, handed out in the name of homeland security, to combat everyday offenses.

This is happening because, after 9/11, local law enforcement groups did what every agency and private company did in Top Secret America: They followed the money.

Read the whole thing, here.

Sunday, December 19, 2010

The 20th Amendment isn't Working

David Fahrenthold here for The Washington Post provides a nice summary of the history of the 20th amendment, ratified in 1933, which was supposed to stop lame duck sessions, but hasn't, because of air travel.

It seems the founders weren't the only ones without a crystal ball.

Saturday, December 18, 2010

Bank Failure Friday: 6 Tonight, 157 Year to Date

This is an updated post which corrects information previously posted in error:

#152 was The Bank of Miami N.A., Coral Gables, FL, costing the FDIC $64 million. Stated assets were short by 44%.

#153 was Chestatee State Bank, Dawsonville, GA, costing the FDIC $75.3 million. Stated assets were short by 48%.

#154 was Appalachian Community Bank FSB, McCaysville, GA, costing the FDIC $26 million. Stated assets were short by 35%.

#155 WAS UNITED AMERICAS BANK N.A., ATLANTA, GA, COSTING THE FDIC $75.8 MILLION, NOT $195.8 MILLION AS PREVIOUSLY POSTED. STATED ASSETS WERE SHORT BY 105%. STATED ASSETS WERE $242.3 MILLION WHEN TRUE ASSETS WERE MORE LIKE $118 MILLION. SEE WHAT HAPPENS TO YOU WHEN YOU TRY TO GET A LOAN AND THEY FIND OUT YOU EXAGGERATED YOUR ASSETS ON PAPER BY 105% AND SIGN YOUR NAME TO IT. NORMALLY YOU GO TO JAIL FOR FRAUD AND PERJURY, BUT IF YOU'RE A BANK YOU GET A TAXPAYER BAILOUT. 

#156 was First Southern Bank, Batesville, AR, costing the FDIC $22.8 million. Stated assets were short by 44%.

#157 was Community National Bank, Lino Lakes, MN, costing the FDIC $3.7 million. Stated assets were short by 26%.

Next Friday is Christmas Eve, and the Friday after is New Year's Eve, so I'm guessing that's a wrap for 2010: 157 bank failures vs. 140 last year.

But you never know.

Friday, December 17, 2010

Rush's Brain Goes on Vacation Early

Today he's said the SPENDING in the $857 billion bill extending the Bush TAX rates for two years was minimal, and that the majority of it, $700 some billion, had to do only with the tax rates.

Pure rubbish.

A lazy, over-generalized point showing yet again lack of show prep, and an effort to co-opt the outrage and the influence of the Tea Party, which Rush is trying to steer toward establishment politics to prevent it from exploding into a genuine third party movement.

The tax rates, extended for two years, will cost just over $207 billion, not $700+ billion. The rest is all tax credits, fixing the Alternative Minimum Tax yet once again, and a host of other goodies handed out via the tax code in order to mask what's really going on: the rich and the poor getting special favors through the tax code at the expense of the chumps in the middle who must pay and pay and pay.

Wake up Rush, you dunderhead.

Here's a table breaking it all down.

On Narcissism

"People who complain overmuch about narcissists resent the competition."

-- Imam John

TSA Screeners Routinely Miss Guns and Bombs

According to this ABC news story, last fall a guy forgets he's got a loaded pistol in a carry-on but gets through security anyway in Houston and doesn't realize it until he's in his destination hotel room after the three hour flight.

And then there's this. The story says it was an international flight. Didn't he go through customs at the other end?

Do you think if we had profiled the Iranian-American, Farid Seif, we'd have found the weapon?

Whatever people may think TSA is doing at airports, it isn't security. It's security theatre.

Democrats Become The Party of No, Sort of

By a margin of 3 to 1, more Democrats in the US House voted last night against extending the Bush-era tax rates than Republicans who voted No:

Like the Senate, the vote on passage in the House was bipartisan. While 139 House Democrats voted for it, 112 opposed it; 138 Republicans voted yes and 36 voted no.

Full story here.


On Compromise

"Death turns compromise into capitulation."

-- Imam John

Thursday, December 16, 2010

Pretty Boy Hannity Gets a Lesson in the Constitution

From the American Thinker, here:

Dear Sean:

Concerning the 17th amendment, the argument for its repeal absolutely centers around states' rights.  If Senators are elected by elected reps and senators, they are more likely to defend their state against federal encroachments (upholding the 10th amendment), than they are if elected by the general population.  Any federal program - ObamaCare, the financial reform bill, etc., -  which increases burdens on state budgets would not sit well with Senators answerable to congressional bodies in their state.

Greg Halvorson

Tax 'Em All: Let God Sort 'Em Out

People who claim, like Rush Limbaugh, that no one is undertaxed in this country don't know what they are talking about. Both the rich and the poor are undertaxed. Here is why.

For tax year 2008, IRS figures show that the top half of the country, over 69 million tax returns, contributed in excess of 97 percent of the tax revenue, $1.004 trillion. The bottom half, over 69 million returns, contributed less than 3 percent of the revenue, $27.9 billion, a staggeringly small sum by comparison.

The effective tax rate on the top half was 13.66 percent, on the bottom half just 2.6 percent.

It seems self-evident that the poorer half of the country escaped a lot of taxation, but how?

For one thing, George Bush's creation of the 10% tax bracket in 2001 reduced federal tax revenues from payers in the 10 percent bracket by $42 billion per year. For another, the Earned Income Tax Credit diverts away even more money, now approaching $50 billion per year. These credits wipe out any federal income taxes qualifying filers may owe, and actually reimburse many of them for the payroll taxes they pay, so that many actually have a negative tax rate. This is using the tax code to provide what amount to direct welfare payments, stimulus spending, whatever you want to call it. But it sure isn't "taxes."

But the poorest Americans are not the only beneficiaries.

These credits also percolate far up through the income quintiles. And none penetrate as high as the child tax credit does, relieving the middle classes of taxes to the point that many people in the middle quintile earning between $38,551 and $61,801 also pay little to no federal income tax at all. Created under Newt Gingrich and Bill Clinton and expanded under George Bush, this credit now reduces federal revenues by $143.4 billion per year. People even in the top income quintile, making in excess of $100,000 a year, can qualify for this credit, which also directly reduces their tax bill, and government revenues.

Taken together, the 10% bracket, the EITC and the Child Tax Credit help taxpayers to be sure, but at a cost of nearly $2.4 trillion over ten years to the federal government.

Compare that with the big tax break the top earners in the country enjoy because the payroll tax cap is set at $106,800. Everything they earn after that escapes the 6.2 percent tax. The annual cost of that is now $130 billion, or $1.3 trillion over a decade. The denizens of the top 25 percent of taxpayers, who earn 68 percent of the total adjusted gross income in this country, will doubtless complain that they already contribute 86 percent of the tax revenue.

But the result is that a narrower and narrower band of taxpayers in the fourth quintile (those making between $61,802 and $100,000 per year) and in the top half of the middle quintile (about $52,000 to $61,800), gets squeezed with responsibility for income and payroll taxes without enjoying the relief provided to their poorer fellows who pay very little in taxes, or their richer ones who can afford them.

A ladder needs rungs on it to get from the bottom to the top and back down again, and ours in the upper half are getting worn out.

Wednesday, December 15, 2010

Congress Was Last This Unpopular During Watergate

36 years ago. Story here:

Americans' assessment of Congress has hit a new low, with 13% saying they approve of the way Congress is handling its job. The 83% disapproval rating is also the worst Gallup has measured in more than 30 years of tracking congressional job performance.

Extension of Bush Tax Rates Now Goes to US House

The Senate passed the extension of the Bush tax rates, which will last for two years only and is adorned with billions in new spending which we cannot afford, 81-19. Here are the nineteen no votes, a photograph of left and right in the current Senate:

Democrats:

Jeff Bingaman (D-NM)
Dorgan (D-ND)
Russ Feingold (D-WI)
Kirsten Gillibrand (D-NY)
Kay Hagan (D-NC)
Tom Harkin (D-IA)
Frank Lautenberg (D-NJ)
Pat Leahy (D-VT)
Carl Levin (D-MI)
Jeff Merkley (D-OR)
Mark Udall (D-CO)
Udall (D-NM)
Wyden (D-OR)


Republicans:

Tom Coburn (R-OK)
Jim DeMint (R-SC)
John Ensign (R-NV)
Jeff Sessions (R-AL)
Voinovich (R-OH)


Independents:

Bernie Sanders (I-VT)

Senate Votes For "Almost All" of the Bush Tax Cuts

So says TheHill.com, here:

"The package extends almost all of the Bush tax cuts . . .."

The devil is in the details, and I smell a devil.

Years of Blood, Sweat Equity, and Tears . . . Gone: Home Equity Down $7 Trillion Since 2006

The Nutter feels your pain:

Since early 2006, American families have lost $7 trillion in home equity — more than half of their equity has simply vanished. Many millions, of course, have lost everything they put into their house, and more.

Years of blood, tears and sweat equity gone. Remember, for most families, home equity accounts for most of their wealth. In the past, wealth in the form of home equity has often been the ticket to upward mobility; many a small business or college education has been funded from real estate wealth.

About 11 million families — about 23% of those with mortgages — now owe more on their house than it’s worth. Before the bubble burst, that figure was about 1%.

More from Rex here.