Urgent Request: Help Preserve Equality in NH...for all of us!

Regular readers of this blog know that I am running for State Representative in Cheshire County (District 4) this year as an openly gay candidate. I am running primarily to safeguard the changes we have made in New Hampshire over the last year.

My District is represented by Rep. Bill Butynski, one of only 4 Democrats in the entire state who voted against Marriage Equality in each of the last two sessions. In fact, this spring, he joined with a failed attempt by some radical right members of the House and voted to repeal the new Marriage Equality law (and this man is a Democrat?!?!?)

He has a history of some very 'backwards,' regressive votes, opposing Medical Marijuana (and lying about it on the statehouse floor), and actually introducing a bill to outlaw the sale of Red Bull and possession of veterinary medicines for pet-owners (both were voted down by the members of his own party.)

I am challenging him in the Democratic Primary. The District actually sends 4 representatives to Concord, and there are 5 candidates running at large, but I am targetting him specifically.

Here is the reality: Marriage Equality is going to lose supporters in the statehouse with the 2010 election. ALL of the Republican candidates for Governor have pledged to sign a REPEAL of the Marriage Equality bill It is crucial that we win every seat we can - not only for issues like Equality, but also for issues such as funding HIV service agencies. If you can help me in any way, this could be one seat we could 'flip' for Equality.

The national democratic clearinghouse, "ActBlue" set up a fundraising page for me yesterday at : https://secure.actblue.com/contribute/entity/25817 (see Direct Link on the left side of this page for Act Blue).

If you are able and willing, I would appreciate ANY help you can offer. Ten people donating $20 each will pay for my signs...and will go a long way towards helping us oust this 'problem' legislator.

Thank you, and my apologies for my unabashed self-promotion.

Thom Simmons
Democratic Candidate, Cheshire-04
Chesterfield, Hinsdale & Winchester
http://www.Simmons4NH.org

Kelly Ayotte: the Police State Candidate

Of the 33 Senate races taking place across the country this year, there are few whose outcome is as unpredictable right now as New Hampshire's. There are currently 4 major Republicans and 1 Democrat (Congressman Paul Hodes) running for an open Senate seat in this, a state that has voted both 'red' and 'blue' in recent elections. The danger is that in freedom-loving New Hampshire, this combination of candidates - and the support of the national GOP establishment in Washington, DC - could propel former NH Attorney General Kelly Ayotte, perhaps the most dangerous, pro-police-state politician the state has seen in decades, to front-runner status.

Anyone who has watched television in New Hampshire over the last few weeks has seen the barrage of Ayotte ads, each with the same theme: Ayotte put criminals behind bars. All but one of her ads features a uniformed police officer, and her latest shamelessly lauds her prosecution of the man guilty of killing Manchester Police Officer Michael Briggs.

But it is her other activities as the Granite State's Attorney General that should bring one to pause, if not shudder, for what she would bring to the legislative table. On a consistent basis, AG Ayotte testified before the state legislature to curtail civil liberties and protect the power of the police state. Four important examples:

1) The most egregious must be her abject lies about Medical Marijuana, delivered at last year's legislative debate.

She wrote,

"In fact, marijuana is an addictive drug that poses significant health consequences to its users, including those who may be using it for medical purposes...The use of smoked marijuana is opposed by all credible medical groups nationwide."

In fact, several major national medical groups have taken positive views of medical cannabis, including the American Academy of Physicians, the American Nurses Association and the American Public Health Association. In a 2001 report, even the American Medical Association noted that marijuana helped those suffering from certain ailments including HIV wasting syndrome and chemotherapy-induced nausea.

It is too bad she didn't consider the testimony of Fremont, NH resident Dennis Acton:

"...I am a cancer survivor and successfully used marijuana to treat severe nausea when my $1600 prescription didn't work. I testified along with many others at the Senate HHS Subcommittee hearing back in April. After the senate passed it, we were able to set up a meeting with the Governor. He was "unavailable" so he sent two policy advisors. About 20 of use showed up for this meeting and told our stories. … I really wish the Gov. could have been there to hear these moving stories. I wish other people like AG Kelly Ayotte... and others who dismiss the medicinal properties of marijuana (based on ignorance rather than science) could have heard this as well.

The bottom line is that terminally or severely ill people want to use marijuana to ease symptoms and to avoid becoming addicted to expensive and harmful opiate based drugs. It is just inconceivable that drugs like Oxycontin are readily available and are being abused terribly while marijuana is outlawed..."

Both the House and Senate adopted a medical marijuana bill, but the Senate lacked the votes to override the Governor's veto...a veto that relied, in part, on Ayotte's disgraceful testimony.

2) A second area is her continued opposition to permitting videotaping of police actions.

In 2009, House Bill 312 was submitted, simply permitting the recording (on a cell phone or other device) police activity. For years, police indiscretions have been brought to light through citizen vigilence (Even parking garages have video cameras these days!) The Bill was bipartisan, sponsored by 3 Democrats (Joel Winters, Susi Nord, and Maureen Mann) and 2 Republicans (Neal Kurk and Jenn Coffey), and passed the Democratically-controlled House.

Ayotte opposed the bill, likening the procedure to illegal wiretapping, and it died in the Senate.

3) In New Hampshire, "...Jury nullification is the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge and contrary to the evidence." (State v. Hokanson, 140 N.H. at 721B906, cited in State of NH v Sanchez). This undisputed power is a check on a rule-oriented legal system that could result in terrible miscarriages of justice. And yet, when HB 906 was filed in 2007, simply requiring that jurors be informed of their existing, "undisputed" rights, Ayotte testified against the bill.

4)On two seperate occasions, Ayotte urged Governor Lynch to veto bills (2006 SB318 and 2009 HB160) that would establish the "Castle Doctrine" in New Hampshire. The Castle Doctrine gives a crime victim the right to use force when attacked when that victim is legally in a place where they have a right to be. Instead, Ayotte has supported the notion that a potential victim has a duty to retreat, rather than defend themselves...cold comfort to a woman walking home late at night and confronted in a dark street, or someone in a wheelchair, or a nightclub patron being surrounded by a group of thugs out to bash someone for fun.

Of course, this is also the Attorney General who advocated for the requirement that picture IDs be produced simply to purchase cough medicine...

Kelly Ayotte has spent her life enhancing and enlarging the power of the State and its Police and enforcement mechanisms as against its citizens. Having garnered the support of the GOP establishmentm, it is now no surprise that as the GOP primary nears, she is tripping over herself to embrace anti-immigration extremism, 14th-Amendment repeal nonsense, Sarah Palin, and the far-right elements that she needs to capture the nod.

But for anyone - Republican, Independent, or Democrat - who values New Hampshire's libertarian way of life, this candidate MUST be defeated. She does not, and must not, represent the people of New Hampshire.

Proposition 8 Overturned: Supreme Court Battle Looms

At 4:50 pm EST this afternoon, Federal District Court Judge Vaughan R. Walker (District of Northern California)overturned California's Proposition 8, setting the stage for an eventual national showdown at the US Supreme Court.

California courts had earlier required Marriage Equality, and couples began to marry under the decision, but opponents gathered enough signatures to force a referendum on the issue popularly known as "Proposition 8." (Law-making by 'popular vote' is a traditional lawmaking route in the west of the United States, but is little used elsewhere. During the last generation, then-Governor Ronald Reagan opposed a ballot initiative supported by singer Anita Bryant that would have baned gays from teaching. The campaign propelled San Francisco mayor Harvey Milk into the national limelight as he pleaded with GLBT men and women to leave the closets and be counted among their neighbors and families. That ballot initiative ultimately failed.)

But this time, after more than 80 million dollars were spent campaigning, proponents of Prop 8 won by a vote of 52-48%, and Marriage Equality immediately ceased in California 5 months after it started. Two attorneys, David Boies and Theodore Olson(one a liberal Democrat and one a conservative Republican) then brought this suit on behalf of two gay couples and challenged the referendum vote in Federal Court on the basis of the 14th Amendment to the U. S Constitution, which requires the Equal Protection of Laws for all citizens in a case more properly known as Perry et al v. Schwarzneggar. Same-sex marriage had never been challenged on these Constitutional grounds before, and many gay-rights groups expressed everything from delight to nervousness to outright hostility at pursuing this avenue of attack.

During the trial, opponents of gay marriage saw their case fall apart, as 'expert' witnesses failed to show up or to provide evidence of their 'expertise,' while Boies and Olson brought in a parade of experts in marriage, family law, and psychology to show the discriminatory nature of Prop 8 and the campaign that surrounded it.

In the end, Judge Walker wrote:

"Plaintiffs challenge Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment...Each challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation...Plaintiffs seek to have the state recognize their committed relationships, and plaintiffs’ relationships are consistent with the core of the history, tradition and practice of marriage in the United States.“


This means that there are now TWO Federal Court rulings citing three different Constitutional provisions chipping away at systematic discrimination against gays and lesbians: This Prop 8 ruling, which places sexual orientation under both the equal protection and Due Process clauses of the 14th amendment, and Judge Tauro's decision in Massachusetts last month, which held that the so-called federal "Defense of Marriage Act" ("DOMA"), which prohibits the federal government from acknowledging the validity of same-sex marriages performed in the states where it is legal, was also unconstitutional under the 10th Amendment guaranteeing State's Rights in family issues.

There is little doubt that both of the California and Massachusetts decisions are headed to Appellate Circuit Courts, and eventually to the Supreme Court, where a decision of national import is likely to rest on the shoulders of the Courts only centrist, Justice Kennedy.

NOM in NH: The Bizarre World of a Theocracy...

The New Jersey-based “National Organization for Marriage,” or NOM, rolled its bus into Manchester NH in order to rally the troops against Marriage Equality and get signatures in support of DOMA. It must have been embarrassing for them that including the out of state contingency they brought on their bus, only about 50 people showed up in the City Hall Plaza. By contrast, those of us who showed up to quietly support NH’s Marriage Equality numbered 40 – with no bus, no campaign, and no organized effort.

I can only describe the hour-long ‘rally’ as bizarre. Even Circus-like.

One of the touted speakers was Dr. Jennifer Morse, who was introduced as a college professor who would address the group on the scientific basis for prohibiting same-sex marriage. She insisted that religious reasons were not necessary, because there were “bold” scientific reasons. My curiosity was piqued!

I was disappointed to say the least. Her ‘scientific’ opinion was that “Heterosexuality is Normal for our Species.”

Huh? That’s it?! Yup.

After a little research I discovered that our Scientific Doctor has a degree in Economics (not science, not sociology, not psychology, not family studies…). She runs the “Ruth Institute,” a NOM-Project, working with church and college youth groups, and the faith-based Acton Institute.

She then informed us of all the horrible things happening in Canada as a result of same-sex Marriage. Three times she referred to the strange land of “KWEE-beck.” Being a Californian, she apparently was unfamiliar with either the English or French pronunciation for the name of our neighboring Province, so she instead made it sound oddly remeniscent of the word “QUEER”.

She concluded by warning us about what lay ahead for the US. Soon, she said, we might have Language Police listening in on (and I kid you not…) the jocular statements made between guys in locker rooms after sporting events to make sure they complied with politically correct speech codes.

Such was the Scientific Approach. Then we were treated to a sermon by Thomas Peetz, the Pastor at the Pentecostal Word of Life Church in Concord. Detecting another out-of-state accent, I checked his church bio to see that he claims to come from “the nation’s heartland,” and studied under Kenneth E Hagin. Yes, the Health & Wealth Televangelist who claims that “It is always God's will that every believer be 'financially blessed' through faith…," and who, apparently, died three times and even went to hell on one of those trips. Pastor Peetz said, “I’d like to read from the Good Book…if I’m allowed to call it that,” in what became a constant, scripted litany for the rally: that religious people were being silenced. He then instructed us all that there is no ‘separation of church and state in the Constitution...that’s just in a letter Jefferson wrote.” He concluded his sermon by imploring the group that “What God hath joined together, let no man put asunder.”

I wonder if he realized the irony in that his purpose there today was to “put asunder” my lawful, Church-approved marriage.

NOM’s Director, Brian S. Brown, probably took top prize for bizarre logic today. Towards the end, he waxed eloquently about how Christian leaders throughout history stepped out and championed unpopular causes in the name of civil rights, from William Wilberforce’s fight against slavery to Dr. Martin Luther King’s marches for racial justice. He emphasized how these men were ridiculed even by other churches and by the public, but they fought and expanded decency and civil rights.

He then took a spasmodic leap in irrationality and claimed that these good works could not happen now, because Christians had been ‘silenced.’

Perhaps, being from out of state, he was blind to the logical, appropriate leap he SHOULD have made: that of Bishop V. Gene Robinson, who walked in the very tradition of those other leaders he mentioned in the fight for GLBT civil rights. It was not lost on those of us who live in New Hampshire.

One theme became very clear throughout the hour: no fewer than 16 times did speakers mention “the children,” or the effect of same-sex marriage on “children,” or depriving “children” of a mom and dad, or the primary purpose of marriage being to raise “children. And throughout the rally, Biblical and moral references were rampant…and the desire for a Theologically Appropriate response to Marriage Equality was the blatant, unabashed and constant undercurrent of this group.

New Fleur-de-Lis Tattoo (Courtesy, again, of Mom's of Keene, NH)

En solidarite avec les residents et les pecheurs da La Louisianne, qui ont suffert les catastrophes de l'hurricane Katrina et le deversement de l'huile; et pour touts mes Ours-amis Quebecois!

DOMA, Prop 8 and Appeals: Outcomes and Next Steps

Yesterday's holding by a Federal District Court Judge that DOMA is Unconstitutional is a big step...but not the end. This was a decision issued by a federal judge on a federal law, but only in a "local" (Massachusetts) case. The question remains of how we turn a Federal District Court holding into a national holding. It would be very unusual for the entire federal government to just roll over and say, "OK, we gotta change now, Congress was wrong on this" as a result of a single District Court holding.

In the best of all worlds, the decision would need to be appealed to (and affirmed by) the Appellate level (and maybe moved on certiorari to the Supreme Court) strictly on the 10th Amendement aspect of the holding, to create a national holding. The 10th Amendment specifically grants to the States the right to legislate in those areas not given Federal jurisdiction, and this was the legal basis for yesterday's decision: States, not the Federal Government, are the entities with authority to define Marriage. DOMA attempted to allow the Federal Government to ignore State Marriage laws that recognize same-sex unions.

Meanwhile, on the West Coast, another decision looms. California's Proposition 8 overturned same-sex marriage in that state, and the Proposition has been challenged on other federal grounds: this one, however, is not based on "State's Rights," but on the Equal Protection Clause of the 14th Amendment to the US Constitution. The specific holding of that trial - which could be released any day - may very well provide a second Federal ruling requiring clarification or appeal...which could accelerate the process.

I expect that, if appealed, the two cases would be joined at the Supreme Court.

Back to yesterday's DOMA ruling: This puts Obama in a very difficult position. On one hand, he could decide to support the Massachusetts District Court decision nationwide; this would be highly unusual, maybe even unprecedented. District Court level Judges issue rulings all the time, often contradictory with each other and almost never with national application overnight.

On the other hand, Obama's Justice Department could Appeal the Massachusetts ruling, thus angering the less-than-critically-thinking gay blogosphere that understands that it *won* at the District Court level.

Whatever Obama decides to do, he must articulate his reasoning WELL both publicly and "within" party and GLBT leadership so its clear what is going on.

BREAKING NEWS: Federal Court overturns DOMA!

From the Boston Globe:

Judge declares US gay-marriage ban is unconstitutional
July 8, 2010 05:21 PM
By Michael Levenson, Globe Staff

A federal district court judge in Boston today struck down a 1996 federal law that defines marriage as a union exclusively between a man and a woman, according to the office of state Attorney General Martha Coakley.

Judge Joseph L. Tauro, in a 36-page ruling that touched on the history of marriage laws, found that the federal Defense of Marriage Act violates Massachusetts’ right to recognize same-sex unions.

“This court has determined that it is clearly within the authority of the Commonwealth to recognize same-sex marriages among its residents, and to afford those individuals in same-sex marriages any benefits, rights, and privileges to which they are entitled by virtue of their marital status,” Tauro wrote. “The federal government, by enacting and enforcing DOMA, plainly encroaches upon the firmly entrenched province of the state, and, in doing so, offends the Tenth Amendment.”

We have argued in this blog strenuously and continuously that the Defense of Marriage Act is a violation of the 10th Amendment of the US Constitution. Family law, and the laws surrounding eligibility for Marriage, have ALWAYS been issues reserved to STATE governments, not the federal government.

Some states permit cousins to marry, while others do not; the federal government has historically and routinely accepted each individual state's declaration of what constitutes a valid marriage, even if that changes from state to state. DOMA was a clear violation of this principle...it also meant that legimately married same-sex couples were forced to lie on their Federal Income Tax, were ineligible for federal survivors benefits, and had to pay additional income tax if they places their spouse on their health insurance.

Ironically, conservatives - who normally support 10th Amendment States Rights arguements - ignored this violation....While Liberals - such as the regular posters on blogs such as Joe.My.God...constantly called me a "Tea-Partier" and "Right-Winger" because I used a 10th Amendment arguement against DOMA.

Well, Massachusetts Attorney General Martha Coakley made this arguement, and won her case in district court.

To be certain, this is not the end of the issue: this was a ruling at the Federal District Court level, which opens up the possibilities of appeals and wrangling before the Appeallate Court and even the US Supreme Court itself if the US Justice Department chooses to pursue this.

But time is in the side of Justice.

The Dark Side....

Waterboarding. The Patriot Act. Suspension of Habeus Corpus. Guantanamo Bay. National ID Card Legilsation. Arizona requiring 'papers' for internal mobility. Suspicionless searches. Civil "forfeiture." Kelo vs. New London. Victimless "crimes." Deep Water Drilling without emergency plans. Wall Street Bailouts. Foreign entaglements in Iraq and Afghanistan.

Anakin: "I think this war is destroying the principles of the Republic."

Padmé: "Have you ever considered that we may be on the wrong side?"

Anakin: "What do you mean?"

Padmé: "What if the democracy we thought we were serving no longer exists, and the Republic has become the very evil we've been fighting to destroy?"


Padme: "So this is how liberty dies... with thunderous applause."

Independence Day 2010

The New Colossus

Not like the brazen giant of Greek fame,

With conquering limbs astride from land to land;

Here at our sea-washed, sunset gates shall stand

A mighty woman with a torch, whose flame

Is the imprisoned lightning, and her name

Mother of Exiles. From her beacon-hand

Glows world-wide welcome; her mild eyes command

The air-bridged harbor that twin cities frame.

"Keep ancient lands, your storied pomp!" cries she

With silent lips. "Give me your tired, your poor,

Your huddled masses yearning to breathe free,

The wretched refuse of your teeming shore.

Send these, the homeless, tempest-tost to me,

I lift my lamp beside the golden door!"

- Emma Lazarus

BP's choice: Plunder Company Assets...and the U. S. Taxpayer

It is a time-honored operation: Enrich owners and Insiders while you are able by plundering a troubled company's assets.

In 1999, Service Merchandise (a retail chain) was forced into bankruptcy by its creditors. The Bankruptcy court froze the company's assets...except, of course, for the normal fees associated with 'administering' the bankruptcy and paying remaining operating costs. The Board of Directors of SM prompty hired themselves to administer the bankruptcy, and began draining the company of its cash assets. One upper-level manager, disgusted with their actions, leaked the plan to a unnamed blogger (ahem...), who prompty posted the details (using an anonymous handle) on the Yahoo! Finance Message Board for the company. When the news hit, SMs stock fell to less than a penny per share. The now-infuriated Management (who owned plenty of stock themselves) sued Yahoo!, asking them to reveal the source of the leak, claiming there were violations of Insider Trading laws. The Court declined to grant their request.

The year before Enron collapsed, top Executives paid themselves 1.4 Billon (yes, Billion) dollars.

In the eight years before the collapse of Lehman Brothers - which ignited the financial crisis that still affects us - the Chief Executive, Richard Fuld, took home 480 million dollars from the company.

Citigroup's Executive was paid 31 million the year they requested a taxpayer bailout.

Which brings us to BP.

BP insists it will pay all 'legitimate claims.' Does that mean they will compensate fishing charter businesses and shrimpers for the loss of their future earnings when they go out of business? Loss of tourism on Florida beaches? What precisely *is* a 'legimtiate' claim in their eyes? The estimated daily flow of oil has increased from 1,000 barrels per day when the crisis began, to the current 40,000per day. While no one yet knows the extent of this disaster, what is known is that this will cost, at a minimum, in the tens of billions of dollars.

So, it wouldnt make sense for BP to give away its assets...or would it?

BP announced it would decide next month whether keep a quarterly dividend of 14 cents a share for the second quarter, a payout of about $2.6 billion.

To be fair, BP regularly pays out this dividend to its investors, so it's not as if they are seeking a new venue in which to squirrel away assets. However, the prospect of untold bilions in clean-up costs, and the growing long-term possibility of a BP bankruptcy - means that taxpayers, once again, would be left with a bill that ought to be covered by Corporate assets. Regardless of their culpability, if BP runs out of cash, BP can't pay the bill.

Writing for the New York Times, William K. Black, an associate professor of economics and law at the University of Missouri–Kansas City, and author of “The Best Way to Rob a Bank is to Own One,” said:

"...Dividends not only put money out of the reach of the U.S., but also reward the people most responsible for causing the damage. BP’s officers and employees, in their capacity as shareholders are the most obvious example of this, but shareholders are also responsible as owners of the corporation. The deal shareholders make when they invest is that if the corporation cannot pay its debts to creditors the shareholders get nothing."

Not surprisingly, many British shareholders are furious that the issue of their dividends is even being discussed. Even some U.S. news commentators have questioned "punishing" the shareholders.

To them, I quote Juan de Medina, a Dominican monk writing in Salamanca, Spain, in 1550, and one of the world's first 'free market' economists:

"Those who by their own will go into business...must expose themselves to profit and loss. And when they suffer a loss, they must not transfer it to the buyers or to the Republic."

What he said.

Should BP declare a dividend, Congress needs to pass legislation requiring that oil companies engaged in deep-water drilling place cash in a cleanup escrow account...and if they won't act, then the businesses and States of the Gulf Coast should file enough claims to force BP into a Reorganization, in which case a Bankruptcy Court could then order that BPs assets remain within the corporation and within this country to pay for the cleanup.

Deepwater Horizon, BP, and the Minerals Management Service: The legacy of "Capture Theory."

Am I the only one who simply can not fathom how a major oil company can be permitted to engage in potentially catastrophic activities, and not have back up and safety plans? Is it rational to believe that a break in an undersea oil pipe could go on for week after week and no one has a clue what to do about it?!

The events unfolding off of the Louisiana coast were not unimaginable or unpredictable. In fact, what happened on the ocean floor was very predictable – so much so, that in the industry it is routinely called a “blowout.”

Now, wouldn’t it makes sense that if a company is going to undertake an activity that could result in a known, predictable disaster, that they should have a contingency plan in place? And that the government agencies regulating them (in this case, the Minerals Management Service, or MMS) should require them to have such a contingency plan?

In fact, most offshore drilling operations are required to have such contingency plans. But two years ago, the MMS changed the rules of the drilling game mid-stream, and exempted deep-water drilling operations from the need to submit an emergency plan. The Deepwater Horizon Project – the very disaster unfolding in the gulf – was one of the projects that was suddenly exempted. Instead, BP was permitted to submit a “regional” plan for dealing with “general spills” anywhere in the Gulf.

Unfortunately, that ‘general plan’ didn't quite have enough detail to help BP stop THIS leak as a result of THIS blowout at THIS location.

According to one MMS official – speaking on the condition of anonymity – “the rules were changed because some elements were impractical for some deepwater drilling projects in the Gulf”

http://www.cleveland.com/nation/index.ssf/2010/05/no_oil_spill_plan_rule_change.html

In other words, since a safe and effective contingency plan could not be established for the Deepwater Horizon Project – the MMS decided to eliminate the necessity of such a plan, rather than stopping the project form the beginning.

Such an action makes no sense...unless you are familiar with “Capture Theory,” a basic theory I cover in all of my introductory Economics classes. “Capture Theory” refers the fact that most citizens are too busy with survival and life to worry about every permit and hearing taking place before a government agency. A vested interest, however – such as BP before the MMS, or a pharmaceutical company before the Food & Drug Administration – has evry reason in the world to know exactly what is on the agency’s agenda, and who is making the decision on their application, and what the secretary’s name is and how the agency decision-makers like their steak cooked. Because the potential benefits of favorable treatment are so lucrative, it makes sense for corporations to hire lobbyists who wine and dine the agency officials. In the end, (to quote myself), “A vested interest will always capture the agency designed to regulate it, and then use that agency for its own advantage.”

Is this what happened here? Yes.

According to Fast Company,

“…[A] Department of Interior investigative report describes transportation to college football games on offshore oil company planes as well as offshore oil and gas sponsored golf outings, crawfish boils, skeet-shooting events, and hunting trips. A source also told investigators that MMS inspectors sometimes allowed oil and gas company employees onboard drilling platforms to fill out inspection forms [themselves].....many of the MMS inspectors had worked for the oil and gas industry and continued to be friends with industry representatives. “Obviously, we’re all oil industry...We’re all from the same part of the country. Almost all of our inspectors have worked for oil companies out on these same platforms. They grew up in the same towns. Some of these people, they’ve been friends with all their life. They’ve been with these people since they were kids. They’ve hunted together. They fish together. They skeet shoot together ....They do this all the time...”

http://www.fastcompany.com/1652231/meth-porn-guns-graft-at-agency-overseeing-gulf-oil-companies-interior-department-report?partner=rss

So…the blowout occurred, 11 men lost their lives, and oil began pouring into the Gulf. Couldn’t something be done? (Of course, 24 hours into the spill, a US Coast Guard spokesperson assured ABC news correspondent George Stephanopoulos on “Good Morning America” that there was no oil spewing from the well..)

In 1994, the US Government developed its own plan (the “In Situ Burn Plan”) to contain spills through the use of devices called fire booms. Like so many government plans, this proved to be a thick document that at some point was much-heralded, and then put on a shelf to collect dust. The plan called for the immediate use of firebooms, as a first response, to contain a spill. These firebooms can burn off 75,000 gallons of oil per hour, enough to have probably contained the spill to its current location.

Unfortunately, 16 years after the recommendation was made, the federal government did not own a single fire boom.

Eight days later, they were able to locate one for sale in Illinois. Several were eventually ordered from South America.

http://blog.al.com/live/2010/05/fire_boom_oil_spill_raines.html

Daily, we hear how this disaster continues to spread, and how livelihoods and ecosystems are both being ruined. And how BP is ‘hiring’ fishermen who are getting sick, and forcing them to sign non-disclosure statements. So the cover-ups and damage continue.

All because of an “accident?”

No, because of Corporate Fraud. And Corruption. And Government Inefficiency. And “Capture Theory.”

The result is, as far as I am concerned, has been a massive case of Criminally Negligent Trespass and Criminal Conspiracy between BP and the MMS.

Think about that the next time Vermont Yankee tells you that they are adequately regulated by the Nuclear Regulatory Commission, that contingency plans are in place, that every emergency situation has a well-thought out plan, that underground leaks are nothing to worry about, and that Strontium 90 in fish in the Connecticut River is no big deal