Coyote Blog

JP Morgan finds itself under the government microscope for having heartlessly... cooperated with the government four years ago

The U.S. Department of Justice and New York Attorney General Eric Schneiderman teamed up last week to sue J.P. Morgan in a headline-grabbing case alleging the fraudulent sale of mortgage-backed securities.

One notable detail: J.P. Morgan didn't sell the securities. The seller was Bear Stearns—yes, the same Bear Stearns that the government persuaded Morgan to buy in 2008. And, yes, the same government that is now participating in the lawsuit against Morgan to answer for stuff Bear did before the government got Morgan to buy it....

As for the federal government's role, it's helpful to recall some recent history: In the mid-2000s, Bear Stearns became—outside of Fannie Mae and Freddie Mac—perhaps the most reckless financial firm in the housing market. Bear was the smallest of the major Wall Street investment banks. But instead of allowing market punishment for Bear and its creditors when it was headed to bankruptcy, the feds decided the country could not survive a Bear failure. So they orchestrated a sale to J.P. Morgan and provided $29 billion in taxpayer financing to make it happen.

The principal author of the Bear deal was Timothy Geithner, who was then the president of the Federal Reserve Bank of New York and is now the Secretary of the Treasury. Until this week, we didn't think the Bear intervention could look any worse.

Somewhere there was a legal department fail here - I can't ever, ever imagine buying a company with Bear's reputation that was sinking into bankruptcy without doing either via an asset sale or letting the mess wash through Chapter 7 so there could be an old bank / new bank split.  But Bank of America made exactly the same mistake at roughly the same time with Countrywide, so it must have appeared at the time that the government largess here (or the government pressure) was too much to ignore.

From Byron Schlomach at Goldwater:

For this calculation, actuaries assume a rate of return on all the money invested. The assumed rate of return, or “discount rate”, makes a big difference in how big current liabilities might be. For example, if you invested enough now to pay back a $100 debt in 10 years and you expected a rate of return of 5 percent each year, you would need to invest $61.39. But, if you expected an 8 percent return each year, you would only need to invest $46.32 today.

Arizona’s government pension funds use a discount rate of either 8 or 8.25 percent, considerably higher than the 5 percent they have actually earned over the last decade. Consequently, while Arizona’s unfunded pension liabilities are officially $16 billion, a huge sum, the unfunded liabilities using the actual rate of return of 5 percent are more like $37 billion. That’s $5,800 for every man, woman, and child in the state.

Administrative bloat is a natural tendency of organizations.  I am not entirely sure why, though I understand some of the drivers.  Never-the-less, I have seen it in nearly every organization I have worked in or consulted for.

Even the best-run private companies still have this problem.  To remain competitive, then, they have to come through every few years and wield the ax on these growing staffs, almost like trimming back a hedge that keeps trying to overgrow your house.  I spent a depressing amount of time as a consultant helping them.  It is uncomfortable, sometimes heartbreaking work, and one wonders the whole time why there is not some better way to keep staff in check.  To my mind, there is a still a great academic work to be written on this topic some day.

The alternative, in organizations that can get away with it, is administrative bloat.  Like, for example, in this public institution:

via Mark Perry, now at AEI

That staff adds up to an incredible billion dollars in administrative salaries, or nearly $21,000 a year per full-time student.  And remember, if this is just salaries, the actual cost is much higher because they all need offices, supplies, travel, etc.

I wasn't planning on watching the debates, but my wife made me watch the first 20 minutes.  Is this really what passes for political discourse in this country?  I was particularly struck by the appeals to unnamed authorities -- both candidates said something like "I saw a study the other day [unnamed] that said my plan was great" or "your plan was bad."  Seriously pathetic.

And, after the corporatism and cronyism of the last 8+ years, the fact that Romney could not explain why it made sense to cut tax rates but eliminate deductions just convinced me he deserves to lose.  He was losing to class warfare rhetoric on tax cuts, when he should have been taking the high ground, even with the occupy wall street folks, saying that it was time to stop tilting the tax code towards special interests and populist fads at least one of which -- the tilting of the tax code to home ownership -- helped drive the recent economic downturn.

I blog and don't tend to debate in real time, because I always think of great quips hours later, but even I had the perfect rejoinder for Obama in real time when he said, "I think we should return to Clinton era tax rates, when the economy was great and growing."  Romney should have said, "If I am President, I will happily work with Democrats to do just that, as long as they agree to return to Clinton era spending levels.   After all, if government policy during that era was really so perfect for the economy, then spending levels must have been appropriate as well."

I don't plan to watch any more of this garbage until and unless they include someone other than the Coke and Pepsi candidates.   I'd like to see Gary Johnson but heck, even adding a Marxist would probably help.

OK, there are lots of reasons to get Obama out of office.  The problem is, that for most of them, I have no reasonable hope that Romney will be any better.  Corporatism?  CEO as Venture-Capitalist-in-Chief?  Indefinite detentions?  Lack of Transparency?  The Drug War?   Obamacare, which was modeled on Romneycare?  What are the odds that any of these improve under Romney, and at least under Obama they are not being done by someone who wraps himself in the mantle of small government and free markets, helping to corrupt the public understanding of those terms.

So I am pretty sure I cannot vote for Romey.  I really like Gary Johnson and I am pretty sure he will get my vote.  Republican friends get all over me for wasting my vote, saying it will just help Obama win.  So be it -- I see both candidates undertaking roughly the same actions and I would rather that bad statist actions be taken in the name of Progressives rather than in the name of someone who purports to be free market.

To test my own position, I have been scrounging for reasons to vote for Romney.  I have two so far:

1.  Less likely to bail out Illinois when its pension system goes broke in the next few years

2.  I might marginally prefer his Supreme Court nominees to Obama's

That is about all I have.  Stretching today, I have come up with a third:

3.  If we have a Republican in the White House, the press will start doing its job and dig into the facts about drone strikes and warrant-less wiretapping.

You know the press are in full defense mode protecting their guy in office when the only press that reports on the ACLU's accusation about sky-rocketing wire tapping under Obama are the libertarians at Reason and the Marxists at the World Socialist Web site.  Four years ago the New York Times would have milked this for about a dozen articles.  It may take a Republican President to get the media to kick back into accountability mode over expansions of executive power.

I work in a small, four-story suburban office building.  I have seen our fire drills and can look out at our parking lot, and I would be surprised if there are 200 people in the building.    A few months ago some division of Chrysler moved in and took a bunch of the space.   A lot still remains empty (which is why I am here -- cheap!)

The Chrysler folks put a sign downstairs a few days ago saying that they would be hosting a luncheon for the building.  Great, I thought, a free hot dog and some fruit salad.  Imagine my shock when I saw this when I arrived today:

Chrysler sent three full semi-trailers, one of cars and two of convention-type booths and displays, plus a whole crew of people to set this up, all for a lunch in our building with less than 200 people.  I thought maybe that we were just getting a preview of a larger public event, but I am looking out my window now and they are tearing down again.  Crazy.

One thing that even many libertarians get wrong:  Wasting money is not unique to government entities.  Private and public entities can become senescent, and grow bureaucracies that lose focus on what they are supposed to be doing.  The difference between the private and the pubic sphere, though, is that for private companies, markets eventually enforce discipline (either forcing change or killing off the bloated entity).   There is no similar mechanism for state agencies short of perhaps absolute bankruptcy, and Greece is proving even that is not enough to force change.

Of course, when the government gives large private entities with political pull special protections and bailouts, then no such accountability is enforced.  The same people are operating the company with the same false assumptions and unlearned lessons.

A climate alarmist posts a "Bet" on a site called Truthmarket that she obviously believes is a dagger to the heart of climate skeptics.  Heck, she is putting up $5,000 of her own money on it.  The amazing part is that the proposition she is betting on is entirely beside the point.  She is betting on the truth of a statement that many skeptics would agree with.

This is how the climate debate has gone wrong.  Alarmists are trying to shift the debate from the key points they can't prove to facile points they can.  And the media lets them get away with it.

Read about it in my post this week at Forbes.com

I always suspected government jobs programs and job training programs were a waste of time.  I never imagined they were total vaporware:

"There are no jobs!" That is what people told me outside a government "jobs center" in New York City.

To check this out, I sent four researchers around the area. They quickly found 40job openings. Twenty-four were entry-level positions. One restaurant owner told me he would hire 12 people if workers would just apply.

It made me wonder what my government does in buildings called "job centers." So I asked a college intern, Zoelle Mallenbaum, to find out. Here's what she found:

"First I went to the Manhattan Jobs Center and asked, "Can I get help finding a job?" They told me they don't do that. 'We sign people up for food stamps.' I tried another jobs center. They told me to enroll for unemployment benefits."

So the "jobs" centers help people get handouts. Neither center suggested people try the 40 job openings in the neighborhood.

From John Stossel, who has a lot more at the source link.

I frequently write here that almost never does a month go by, even in a state where I have operated for over 10 years, that I don't discover yet another tax I owe or license I must obtain.

Today, I got a note from the state of Arizona that we must license our two septic pumping trucks with the state.  Already, these are licensed each year with the County in which they operate, a process that includes a fee (of course) and an inspection by the County.  Now I have to fill out a bunch of forms to send the exact same information to the state, with yet another fee (of course) and the need for another inspection each year by the County.  I asked if my current County license would suffice to cover the inspection, and I was told no.  So, to operate this truck in Arizona I must

• Fill out forms and send fee to County
• Get inspected by County
• Fill out forms with the same information as already sent to County and send fee to State
• Get inspected yet again by County, but this time on the state form
• Repeat every year

It is interesting to note that the state does nothing except file my form and bank the fee.  This is just another money and power grab -- more cash for the bureaucracy and yet another useless task (filing these forms and sending out compliance letters, etc) to justify their headcount.  Then the next time someone suggests "brutal cuts" to state budgets, everyone can scream that the rivers will run brown with sewage because the state won't have the people to collect all the paperwork that duplicates what the County already collects.

Just after wasting an hour or two of my time with this (and sending it to my managers to waste days of their time), I got a happy note from the US Census Bureau that I had been selected to file quarterly reports about my business (they have a special survey of the lodging business -- I presume they do this for other industries as well).  I wrote back:

To Whom It May Concern:

I am not sure what we have done wrong to be punished with this extra workload, but unless I hear back from you that this report is required of us by law under threat of some sort of dire consequence, we will not be filling it out.

We are a small company and only I, the President, am equipped to fill out this form.  We already fill out your annual survey and it is incredibly time-consuming for us, for it asks for data in ways we do not normally track it.  Further, it asks for our P&L in a form that does not match GAAP accounting, which causes all sorts of difficulties in completing it.  And we don’t normally compile results on a quarterly basis, only annual, so this report would be particularly onerous.  We actually have to run a business here.

Finally, I might add, I am loathe to send the government yet more data since this data will likely just be used as a justification to raise my taxes or increase our regulatory burden.

So no thanks.

PS- let's just assume the "you have a crappy job" jokes have already been made and move forward from there in the comments.

Reacting to the unbelievable economic ignorance he has seen in recent campaign ads, Don Boudreaux writes

If astronomy operated similarly to politics, the world’s top astronomers would compete furiously amongst themselves to see who could most effectively assure the general public that the sun orbits around a stationary flat earth – a flat earth that was created just 4,000 years ago and which sits atop a tower of turtles.

Rampant theft at the TSA

A former Transportation Security Administration agent who spent three years in jail for stealing from passenger luggage told ABC News that the practice “was very commonplace.” Pythias Brown, who worked at Newark International Airport, said he stole more than $800,000 worth of goods from luggage and security checkpoints. He was finally caught when he tried to sell a stolen CNN camera on eBay but forgot to take off all the stickers that tied the camera to the news network.

"It became so easy, I got complacent," Brown said. Almost 400 TSA officers have been fired for stealing from passengers over the past decade.

I am happy to vociferously criticize the many shortcomings in US civil liberties.  But one are where I can't agree with other civil libertarians is their frequent homage to Europe as the home of civil liberties enlightenment.  Kudos, of course, to countries like Holland and more recently Portugal for reasonable drug laws.  But Europeans have many problems we do not share, particularly in protecting, or not protecting free speech.  Here is another example, from Sweden.  Just because they have a reputation for sexual freedom does not make them a civil liberties paradise:

One of the prime arguments I have always made about the Assange asylum case is that his particular fear of being extradited to Sweden is grounded in that country's very unusual and quite oppressive pre-trial detention powers: ones that permit the state to act with anextreme degree of secrecy and which can even prohibit the accused from any communication with the outside world.....

Svartholm is  that I've long argued (based on condemnations from human rights groups) prevail in Sweden:

"Gottfrid Svartholm will be kept in detention for at least two more weeks on suspicion ofhacking into a Swedish IT company connected to the country's tax authorities. According to Prosecutor Henry Olin the extended detention is needed 'to prevent him from having contact with other people.' The Pirate Bay co-founder is not allowed to have visitors and is even being denied access to newspapers and television. . . .

"Since he hasn't been charged officially in the Logica case the Pirate Bay co-founder could only be detained for a few days.

"But, after a request from Prosecutor Henry Olin this term was extended for another two weeks mid-September, and last Friday the District Court decided that Gottfrid could be detained for another two weeks.

"To prevent Gottfrid from interfering with the investigation the Prosecutor believes it's justified to detain him for more than a month without being charged....

Unlike in the British system, in which all proceedings, including extradition proceedings, relating to Assange would be publicly scrutinized and almost certainly conducted in open court, the unusual secrecy of Sweden's pre-trial judicial process, particularly the ability to hold the accused incommunicado, poses a real danger that whatever happened to Assange could be effectuated without any public notice....

By the way, the whole sexual freedom thing?  Uh-uh.  Which is another reason Assange is worried, since women can pretty much retroactively any sex they later regret as a sexual assault.

I got a note from some advocacy group asking me to lend my voice to stopping some cut in SBA lending.  This is what they linked to:

A federal program designed to help small businesses with commercial real estate mortgages is coming to an end this week.

The U.S. Small Business Administration’s 504 loan refinancing program, which expires Thursday, allowed companies to refinance real estate and equipment loans.

SBA 504 loans for new purchases are still available.

I had a couple of thoughts

• Why do we need a government program for commercial real estate and equipment financing?  These are the only two sectors of small business lending that are robust right now.  I get 3 calls a week trying to give me equipment financing.
• The SBA has already pretty much killed  small business cash flow lending.  Basically, if you want a loan secured only by cash flow, the SBA is your only choice.  Why would a bank make such a loan privately when they can make it and get an SBA gaurantee paid for by the client?   As a result, no bank even has a desk for non-SBA lending, and since SBA lending is hard, many don't have an SBA desk any more.

I can't prove it, but I am convinced the SBA has killed innovation in the private lending market to small businesses.

Update:  Another thought - the SBA is the barely-useful quid pro quo cited by statists from all the fantastically expensive and time-consuming regulation that gets dumped on small businesses.  Well, I don't want it.  I don't want to give statists any cover that this is somehow an equal bargain.  It's a quarter flipped up on one side of the scale to balance ten tons of bullshit on the other side.  It's like sending flowers to someone you raped.

Consumers should cheer the news that low-cost competitors may be coming to the smartphone data market:

FreedomPop's service, which begins operations on Monday, will offer users half a gigabyte of high-speed wireless data per month free and sell more at cheaper rates than what the big carriers charge: one gigabyte for $10 a month and five gigabytes for $35 a month.

Verizon's new data plans, by comparison, charge $80 a month for six gigabytes of data, plus a smartphone connection fee of $40 a month that also comes with unlimited calls and texts.

FreedomPop says much of its income won't come from selling data. Instead, it will sell additional services, such as a Turboboost feature that for a fee will guarantee the fastest speeds available to a user even when on a congested network.

Ahh, but look at the last sentence.  This looks to me like it could well run afoul of the whole "net neutrality" BS, as they will be charging to put someone's traffic ahead of another's.  Here is my prediction:  Like almost all government regulation, net neutrality laws, which their authors probably imagined would keep large players like Verizon in check, will actually be used by Verizon and AT&T to squash upstart competitors like these guys  (I can't even write the word "FreedomPop" because it seems to be one of the most painfully bad names I have heard in a sector full of bad corporate and product names).

Mike Rizzo raises a point that is a common theme here at Coyote Blog.  People often propose a statist solution because they distrust some private actor (e.g. large corporations) and want someone with power over the top of them.  However, to create such a regulatory structure, one has to give even more power to the state's regulator than the corporation has.  At least one has the choice of whether or not to deal with a private entity (unless of course it is a government-enforced monopoly, but that just takes us back to statism).  We give private actors power only to the extent that we choose to transact with them.   When we give government power, there is no longer this sort of opt-out.  Rizzo observes:

Just ask the person a question. “I can respect why you think this. But can you do me a favor? Can you imagine getting your ideal world in place, and then rather than “your guys” being in charge, how would you feel if the person/people running it were people you completely mistrusted, despised and disagreed with? Would you feel good about your system? Why or why not?”

I tell folks all the time - I don't trust private actors any more than the people in government.  What I trust more are their incentives and the tools I have for enforcing accountability on them.

These two articles were back to back in my feed reader this morning.  First, Joe Biden argues that medical procedures should be free if you feel you need one

“Everyone knows, everyone in this room knows that President Obama has increased the benefits available to people on Medicare by the action he took,” Biden said. “You are now able to go get a wellness exam, and guys, if you conclude you need a colonoscopy because of the feeling you had or you need a breast health examination, you don’t have to pay a co-pay for that.”

And then I got this from China

As part of its 8 day Golden Week celebration, China's central planners decided to do a good thing for the people and remove all tolls from expressways. That was the populist explanation. The fundamental one was that this act would somehow spur the economy. Alas, while the same people may have saved some transit money in the process, what they did not save was on transit times. As South China Morning Post reports, millions were promptly stuck in traffic jams as a result of the politburo's generosity. From SCMP: "A bid by authorities tostimulate the economy by suspending road tolls for the "golden week" holiday brought huge tailbacks across the mainland yesterday as almost 86 million travelers took to the roads. That's 13.3 per cent more than on the first day of the National Day holiday last year." And then the fun began.

"One traveller blogged that he could only move 200 metres in an hour on the Zhengzhou to Shijiazhuang expressway in Henan province. Others said the queue of cars on the Guangzhou to Shenzhen expressway was 40 kilometres long. All roads leading out of Guangdong were jammed, with cars moving at about a kilometre an hour in front of some toll gates. Provincial traffic-management authorities estimated traffic on expressways would increase by 40 to 80 per cent compared with the same period last year, the Shenzhen Special Zone Daily reported. The People's Daily reported dozens of accidents on 24 highways across the mainland, further aggravating the congestion."

Since the government still keeps hammering down doctor supply, through enforcement of tough licensing procedures and through price caps (that keep getting cut) on doctor visits, we should soon be seeing the equivalent of this highway traffic jam in medicine.  Which is why every socialized medicine country in the world has queues and why their citizens keep flying to the US for treatment.

I am generally skeptical of movies released in late September - after all, if the studio really had much hope for them, they would have released them in summer or waited for Christmas.  But I took my daughter because she is a Joseph Gordon Levitt fan, and it turned out to be solid.  Nitpickers need to put away the inevitable time-paradox-mistake criticisms, but we both enjoyed it.

While Sheriff Joe was pursuing a vendetta against County officials, chasing down Mexicans with broken tail lights, and raiding dry cleaners demanding immigration papers, over 400 sexual assaults were going under-investigated.  According to the article, this was not an accident -- there was a real prioritization that put few resources in the special victims unit and put more and better staff on things like counter-terrorism (Phoenix being a well-known hotbed of terrorist activity).

The understaffing in the special-victims unit was due in part to the Sheriff's Office's priorities -- and the special-victims unit was not one of them, according to a half-dozen current and former sheriff's employees.

Despite a Maricopa County hiring freeze prompted by the faltering economy, the Sheriff's Office from 2005 through mid-2008 was hiring 45 to 50 new deputies annually and tackling initiatives that included counterterrorism and homeland-security enhancements. The office also embraced immigration enforcement, sending 60 deputies and 100 detention officers through a federal immigration-training program and creating a human-smuggling unit with at least 15 dedicated deputies.

Staffing in the special-victims unit remained unchanged during those years: four detectives....

The Sheriff's Office was allocated more than $600,000 in fiscal 2007 for six full-time positions for "investigating cases involving sexual abuse, domestic violence, abuse and child abuse." The Sheriff's Office now says the six new positions were to focus solely on child-abuse cases. In any event, they cannot say where those deputies went to work.

"We don't know," Chief Deputy Sheridan said. "We've looked, and we can't find any of those position numbers which were allocated for child-abuse cases."

This is due in part to the acknowledged misallocation of roughly $100 million in agency funds that had patrol deputies being paid out of an account designated for detention officers.

The department was almost certainly spending more on Joe Arpaio's PR than it was on the special victims unit.  Dozens of cases showed no investigation at all, and hundreds showed that no contact had been made either with the victim or the suspect.   Piles of case files were found random file cabinets and even one officer's garage.

A new California mandate on employers I completely missed:

California Governor Jerry Brown signed a law that permits as many as 6.3 million private workers without a pension plan to set aside retirement money for management by the state.

It is the first state-run pension program for nongovernment employees and may add as much as $6.6 billion to funds managed by the California Public Employees’ Retirement System, the biggest U.S. pension. Calpers, as the fund is known, has assets of $242 billion.

The law is aimed at businesses with five or more employees that don’t offer pensions or 401(k) savings programs. The law requires companies to contribute 3 percent of a worker’s salary to a retirement account. Workers will be enrolled in the program unless they choose to opt out.

This is just insane, and I don't remember any public debate on it.  Given that the government already has a forced retirement program with a much higher percentage contribution (Social Security with 16% of wages when including the employer piece), my guess is that this is meant as a bone for or a bailout of Calpers.  Calpers wields enormous political power in the state, and it is entirely believable that they alone are behind this.  Calpers is about to be forced to acknowledge that it is billions short of what it needs to cover future pension obligations because it has been assuming unrealistically high returns form its investments.  Without those high returns, more money needs to be put in the fund to cover public employee pensions that march to ridiculous levels.

I have skimmed the law, and there is nothing in there about what returns will be paid to these new private employees.  My guess is that private contributions will be used as a slush fund to make sure public employees get paid, because they DO have defined benefits, as well as a justification to pay Calpers managers more money.  I can absolutely guarantee that when push comes to shove and Calpers is short of money, private employees will see their benefits rolled back and their contributions going to public employees' pockets.

This is also insane for two other reasons:

1. In California, there has probably been a zillion lawsuits with the state punishing private entities for running "opt-out" rather than "opt-in" systems.   Having to explicitly opt out to keep ones money is a scam only the government is allowed to get away with
2. In our company, all but a few of our workers are already retired, working part-time for us to keep busy.  The vast majority of our employees, for example, are on Social Security and many also have private pensions.  So why am I forced to set up all the expensive infrastructure to provide 401K contributions to people who are all drawing down their 401k's?

Glen Reynolds writes:

The concern is that when people perceive the cost of government to be cheaper than it really is, they will demand ever more government benefits because they either don’t feel the cost directly or believe that others will be paying those costs.”

Social Security taxes are set at about the right level - the reason we have a problem with the program is that we spent the "trust fund" ages ago on everything but Social Security.  But Medicare is a different story.  Medicare taxes cover just a third of the benefits a participant can expect to eventually receive.  Of course everyone thinks it's a great deal, it's like they are buying Mercedes sedans for $15,000.

Update:  I know there are people who are horrified I would suggest raising a tax, that we should work the spending side or eliminate the program all together or replace it with a hybrid voucher system.  I would like to see any and all of that.  But there is absolutely no momentum for doing so.  Even Paul Ryan only fiddles around the edges in a barely meaningful way, and he is labelled as one step away from Hitler for doing so.

If the government is going to offer an "insurance" program, then the "premiums" need to be priced correctly.  If those "premiums" rise to absurd levels because the government is incompetent at management, then we might have some pressure to replace the program with something else.

If the post office were still charging 15 cents for a stamp, and then burying the resulting deficits in the budget somewhere, there would be a hell of a lot less pressure for reform.

State debt and unfunded liabilities have risen to an estimate $4.2 trillion, much of it in unfunded pension obligations.  That is nearly six times total state tax collections of all sorts (license fees, property taxes, sales taxes, income taxes, etc) putting the states close to Greek territory.  And I cannot tell from the methodology here, but $4.2 trillion likely underestimates unfunded obligations because many states have unrealistically high return expectations for their pension investment portfolios.

We expected Obama to be a dumpster fire on economic issues and commercial liberty.  And he has been.

But here are two charts showing how the traditional libertarian choice in two-party electrions of "liberty in the bedroom or liberty in the boardroom" has broken down.  First, Bush was a mess on economic issues.  Now, Obama is a wreck on civil liberties issues.   Here is use of domestic surveillance tools, many times without warrants:

source

And here are drone strike casualties:

source

This Administration has increased the frequency of drone strikes by a factor of 8 over George Bush.  It has claimed that any civilian deaths from these strikes are combatant deaths because, well, civilians shouldn't have been hanging around near people we want to kill.  The Administration has claimed the right to assassinate Americans without any sort of due process, continues rendition and indefinite detainment, and has ramped up Federal raids on medical marijuana dispensaries in places like California where they are legal under state law.

Update:  While I was writing this, Ken at Popehat was saying something similar:

The United States government, under two opposed increasingly indistinguishable political parties, asserts the right to kill anyone on the face of the earth in the name of the War on Terror. It asserts the right todetain anyone on the face of the earth in the name of the War on Terror, and to do so based on undisclosed facts applied to undisclosed standards in undisclosed locations under undisclosed conditions for however long it wants, all without judicial review. It asserts the right to be free of lawsuits or other judicial proceedings that might reveal its secrets in the War on Terror. It asserts that the people it kills in drone strikes are either probably enemy combatants in the War on Terror or acceptable collateral damage. It asserts that increasing surveillance of Americans, increasing interception of Americans' communications, and increasingly intrusive security measuresare all required by the War on Terror.

But the War on Terror, unlike other wars, will last as long as the government says it will. And, as the MEK episode illustrates, the scope of the War on Terror — the very identity of the Terror we fight — is a subjective matter in the discretion of the government. The compelling need the government cites to do whatever it wants is itself defined by the government.

We're letting the government do that. We're putting up with it. We're even cheering it, because that's more comfortable than opposing it or thinking about how far it has gone.

Update 2:  And let's not forget that whole transparency thing.  The Obama Administration may be perhaps the worst Administration in decades in complying with FOIA requests for what should be public information.

This is pretty cool -- what look like rounded river rocks and sedimentary conglomerates on Mars.

From Tuesday evening's show:

I have argued before that police often behave as if they are legally dictator of their immediate area, and frequently assume they can issue orders, however asinine, to anyone in their visual range.  Of course this is legally not true (though I suppose it is legally true if you take into account that courts and the minimal accountability processes that exist for cops never punish them for such behavior).

Here is a great example.  The 2-minute TSA freeze drill, with the TSA yelling at people -- already through security -- within their visual range for moving.  I think they are ripping off Heinlein - was this in Starship Troopers?