Barack Obama didn’t forget to pardon Bradley Birkenfeld today

Today, Barack Obama pardoned eight people. They included people convicted of drug offenses and a woman accused of evading bank reporting requirements. Bradley Birkenfeld, an American banker who formerly worked for UBS, Switzerland's largest bank, was not among the eight people pardoned.   The information Birkenfeld voluntarily provided to the federal government in 2007 led to the government's "uncovering the biggest tax fraud in U.S. history."  Perhaps Birkenfeld (photo here) was intentionally overlooked because pardoning him would remind the public that he is sitting in prison for no good reason, after attempting to report tens of thousands of rich tax cheat to the federal government. Birkenfeld's problem is that he is not a celebrity, or wealthy or a sport star or a politician, like many of the thousands of tax cheats he tried to bring to the attention of an uninterested federal government. Birkenfeld continues to sit in prison in Schuylkill Pennsylvania, while the United States continues to wage its war on whistle-blowers (and see here).   Several additional links on whistle-blower abuse here.

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Barack Obama: The Surveillance President

Glenn Greenwald points to three extraordinary events this week that earn Barack Obama the title of Surveillance President. These events dovetail with the President's previous conduct aimed at furthering government secrecy at the expense of an informed citizenry. These events also need to be seen in the context of Obama's War on whistleblowers, as reported by Jane Mayer of The New Yorker.  "[T]he Obama Administration has pursued leak prosecutions with a surprising relentlessness. . . . [I]t has been using the Espionage Act to press criminal charges in five alleged instances of national-security leaks—more such prosecutions than have occurred in all previous Administrations combined."  But that is just the beginning.  Here's one more excerpt from The New Yorker:

Jack Balkin, a liberal law professor at Yale, agrees that the increase in leak prosecutions is part of a larger transformation. “We are witnessing the bipartisan normalization and legitimization of a national-surveillance state,” he says. In his view, zealous leak prosecutions are consonant with other political shifts since 9/11: the emergence of a vast new security bureaucracy, in which at least two and a half million people hold confidential, secret, or top-secret clearances; huge expenditures on electronic monitoring, along with a reinterpretation of the law in order to sanction it; and corporate partnerships with the government that have transformed the counterterrorism industry into a powerful lobbying force. Obama, Balkin says, has “systematically adopted policies consistent with the second term of the Bush Administration.”

[caption id="attachment_18134" align="alignright" width="300" caption="Image by Kgtoh at Dreamstime (with permission)"][/caption] But back to the three recent events: 1. Top congressional leaders agreed Thursday to a four-year extension of the Patriot Act; 2. The Obama administration is seeking to make it easier for the FBI to compel companies to turn over records of an individual's Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation; and 3. The nonprofit Electronic Frontier Foundation alleges in a lawsuit filed Thursday that the Justice Department's Office of Legal Counsel violated federal open-records laws by refusing to release its legal opinion that concludes that the FBI may obtain telephone records of international calls made from the U.S. without any formal legal process, a watchdog group asserts. Welcome to the United States of Surveillance.

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“Retard” and other disability-insults.

The word "retard" possessed dual meanings for a long time. First used as a term for intellectual disability in 1788, the word took on a pejorative sense in the 1970s. For thirty years the two meanings curiously co-existed. Universities had "Mental Retardation and Developmental Disability" Departments and students who drunkenly called one another 'retards' for lobbing bad beer-pong balls, and the two existed in tandem. But once medical and social service experts finally disavowed the word 'retard', it vanished from official usage with amazing swiftness. The Special Olympics ceased using the 'r-word' in 2004, initiating the trend. In 2006, the (former) American Association of Mental Retardation changed its name to the American Association on Intellectual and Developmental Disabilities. By 2008, Special Olympics turned the abolishment of 'retard' into a full-time effort and launched R-word.org. The site protested the derogatory use of 'retard' (including a protest campaign against the 2008 film Tropic Thunder, which featured a lengthy discussion on 'retard' roles in film). Special Olympics and R-word.org also pushed for their fellow disability-service organizations to drop the term. In 2010, 'retard' was legally banished from the professional lexicon. On October 5 of last year, Obama signed "Rosa's Law", which banned the use of "retard" in all federal health, education, and labor policy. "Intellectual disability" and "developmental disability" became the approved nomenclature. Non-federal organizations followed hastily: in Ohio, Google directs you to the "Department of Mental Retardation and Developmental Disabilities", but the website itself has already been scrubbed of the R-word(even if the url still has the dreaded 'r' in it). It's official: 'retard' has no place in formal usage. Once a medical term for someone with an intellectual disability, it lives now only as an insult. One that means, roughly, unintelligent. Like moron, which began as medical terminology for one with a mental age of 8 to 12. Or imbecile, which meant 'a mental age of 6 to 9'.

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Selective separation clause application

Imagine if a group of Muslims wanted to seek state tax breaks to build a Muslim theme park.  You'd hear a lot of squealing.  In fact, you heard lots of squealing regarding the "ground zero mosque" (which was not primarily a mosque and was not at ground zero). Now consider this news from Think Progress:

A group of private investors and religious organizations is hoping to build a Bible-themed amusement park in Kentucky, complete with a full-size 500-foot-by-75-foot reproduction of Noah’s Ark, a Tower of Babel, and other biblical exhibits on a 800-acre campus outside of Williamstown, KY. Their effort got a shot in the arm yesterday when the state approved $43 million in tax breaks for the project. In addition to the tax incentives, approved unanimously by the state’s tourism board, taxpayers may have to pony up another $11 million to improve a highway interchange near the site.

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