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When the Going Gets Tough, the Tough Switch the Subject

BrewerIn addition to recommending a professional PR campaign to try and coax tourists back to Arizona in the wake of the state's tough new immigration law, the task force appointed by Governor Jan Brewer suggested that Arizona try to "change the tone of the dialogue" by talking about the effects that tourism boycotts have on vulnerable employees within the state.

Switching the focus of a debate to a more winnable subject, in this case downtrodden workers, is a timeworn PR technique. The tobacco industry deployed it at every turn to avoid talking about health. It is one of the many PR techniques perfected by Big Tobacco that are now in almost constant use by embattled corporations everywhere. Now Arizona announced it intends to use it as well.

Washington Post Gives False Assurance about Dispersants

Airplane spraying dispersant on the GulfThe Washington Post published a misleadingly-titled article June 30 about the environmental effects of dispersants BP is using in the Gulf. The Post article's headline reads,"Oil dispersant does not pose environmental threat, early EPA findings suggest." But neither the body of the article, nor the Environmental Protection Agency's's press release about studies the agency hastily performed on eight dispersants, indicates that there is no environmental threat from using them. The agency also gives no assurance about using dispersants in the quantities BP is applying them. EPA's June 30 press release about the studies says "dispersants are generally less toxic than oil," but does not suggest dispersants pose no environmental threat. The EPA's testing was also very limited. The agency only tested for short-term endocrine-disrupting activity of the dispersants, only tested dispersants alone (not mixed with oil, as they are in the Gulf), and tested the chemicals only on mature life forms and not young life forms, like juveniles and larvae, which are more vulnerable to the effects of chemicals. EPA also studied only very short-term exposures. The agency admits that "additional testing is needed to further inform the use of dispersants." Questions remain about why the federal government is allowing BP to engage in such widespread use of toxic chemicals in the ocean in the absence of any clear data showing it is harmless, and why the Washington Post article had such a spurious title.

Creating A Constitutional Violation Out Of Thin Air

Rabbit out of a hatConservatives may have moved quickly to dissociate themselves from Representative Joe Barton's apology to BP, but many on the right still believe that the establishment of a $20 billion escrow fund violated the legal rights of the company. A frequent claim is that the Obama administration has violated BP's due process rights. Appearing on ABC's This Week, George Will stated the creation of the escrow fund amounted to a confiscation of assets that circumvents due process. Former Washington Times writer Robert Stacey McCain argued in his blog that Rep. Barton was rightly concerned about due process when he apologized to BP. Michael Barone in National Review Online quipped that, "the Constitution does not command 'no person ... shall .... be deprived of life, liberty, or property, without due process of law; except by the decision of a person as wise and capable as Kenneth Feinberg." The Framers stopped at "due process of law." It is to be expected that conservatives care less about the decimated lives along the Gulf Coast than they do about a multinational corporation losing $20 billion over several years, even when its cash flow for this year alone will reach $30 billion, according its own estimates. What is a slightly more surprising is that they would completely misconstrue a fundamental legal concept in the process.

Wall Street Reform Bill Could Be a Big Win for the Farm Belt

Everyone in America remembers the summer of 2008 when gas prices rose to over $4.00 a gallon. The puzzling price spike caused hardship for many Americans, but it had a disproportionate impact on farmers given that energy costs are one of farmers' biggest costs of doing business. A repeat of this scenario not only threatens consumer pocketbooks and farm livelihoods, but could be a serious setback to an already slow economic recovery.

That possibility just became much more remote due to some last-minute maneuvers involving the Wall Street reform bill slated to be voted on in Congress this week. The derivatives chapter of the bill specifically cracks down on the energy and food commodity speculation that elevates the cost of farming and socks it to consumers.

BP: Mitigating Exposure, Controlling the Response and Making Edward Bernays Proud!

British Petroleum has stooped to a new low, if that's at all possible. As if spewing over 80 million gallons into the Gulf of Mexico were not a sufficiently criminal activity, they are now attempting a cover-up and have facilitated, working alongside the police of New Orleans, a blockade of sorts of hard-hitting journalists from getting their hands on what's actually taking place in the ravaged Big Easy. It is truly a sham of epic proportions. And now, word of a big hurricane with winds of up to 90 MPH rolling into town has surfaced. Trouble, it appears, has just begun in the Bayou.

Mitigating the Exposure

Mother Jones, known for hard-hitting, deep-digging, no-holds-barred journalism, has approached coverage of the on-going and seemingly perpetual BP oil spill with the same vigor as usual in its reporting. Unfortunately, they've got some competition, or as astronaut Jack Swigert of Apollo 13 once said before going down, "Houston, we've had a problem!" The problem? BP is doing everything in its power to stop journalists dead in their tracks and scare them away from exposing their crime of poisoning the Gulf.

Workers Left Behind at the World Cup

2010 FIFA World Cup logoThe 2010 World Cup in South Africa was going to be a shining moment for Africa, but things haven't exactly gone according to plan. Of the tournament's six African teams, all but Ghana have been eliminated early. Half-empty stadiums early in the tournament suggest that the glittering architectural showpieces of the World Cup will quickly become albatrosses. A team of foreigners will leave South Africa with a trophy, and soccer's international master, FIFA will make billions. The people of South Africa will receive far less. The disappointments of the World Cup are clearest in the sad saga of Stallion Security.

Obama’s Patients’ Bill of Rights: One Important Right is Missing, Thanks to Corporate Spin and Fear-Mongering

President Obama is calling a big part of the health care reform bill he signed into law last March a "Patients' Bill of Rights", suggesting that many of the consumer protections contained in the new law were the same ones the health insurance industry succeeded in killing time and again over many years through a fear-mongering campaign it secretly financed.

Caduceus and moneyObama is right -- but only to a point. An important right was missing from his list of consumer protections because, once again, insurers had made sure it would not be part of any bill that reached his desk.

The insurance industry defeated many attempts to pass a Patients' Bill of Rights in the 1990s and 2000s, despite considerable bipartisan support in both the House and Senate. It did this by funneling millions of dollars through a big PR firm it hired to set up a front group -- the Health Benefits Coalition -- whose sole purpose was to scare people away from the legislation. The industry also had one especially important ally: Obama's predecessor in the White House, George W. Bush. Bush threatened to veto any Patients' Bill of Rights that he (read: the insurance industry and its business allies) didn't like. Lawmakers were never able to agree on a single bill that Senators and House members could agree to (the House approved a weakened version of the bill Bush presumably would sign but the Senate refused to weaken its bill), so they eventually just gave up.

Bad Oil Spill News for the Day

I realize there isn't any GOOD news about the oil spill, but among the countless bits of BAD news on it, here are a few big ones:

Anyone else sick of living in a country with a government that is so clearly for, by, and of the corporations?

Derivatives Reform Suffers Midnight Mangling

hatchet"The last day was a long one in the House-Senate conference committee on financial reform. The conferees had been at it since 9:00 a.m. and were rumpled and weary. Big bank lobbyists packed the conference room and trailed out into the hallways. As the clocked ticked into the wee hours, the chances for meaningful financial reform dimmed. At issue was the strong and controversial crack-down on derivatives trading authored by Senate Agriculture Committee Chair Blanche Lincoln (D-Arkansas).

Just the Facts on Judge Martin Feldman's Financial Investments

Joe FridayDetailed in this article are the recent oil and gas speculation investments, including investments in deep-sea drilling companies, made by the federal judge who blocked the new deep-sea drilling ruling. I recently called for his impeachment in my comments on the financial disclosure reports of Judge Martin Feldman, who struck down the temporary moratorium on new deep-water oil drilling. I based my comments on the financial disclosure reports that had been provided by the Administrative Office ("AO") of the U.S. Courts, from the Financial Disclosure Office (FDO) of the Article III Judges Division (where I previously served as Deputy Chief). And, I stand by my strong rebuke of the judge.

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