Erika Eichelberger

Erika Eichelberger

Reporting Fellow

Erika Eichelberger is a reporting fellow in Mother Jones' Washington bureau. She has also written for The NationThe Brooklyn Rail, and TomDispatch. Email her at eeichelberger [at] motherjones [dot] com. 

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Conservatives: If You Can't Win the Presidency, Make It Weaker

| Sat Dec. 1, 2012 8:08 AM PST

It's one thing to expand executive powers when your guy is in the White House—but what if the other party holds the Oval Office? That's what elite conservative legal minds were mulling at an American Enterprise Institute event Friday headlined "Founders betrayed? New threats to US democracy and rule of law." Conservative luminaries, including Bush-era torture-justifier John Yoo, warned of a grave constitutional threat in the Obama administration's use of executive power.

CATO institute fellow Nicholas Rosenkranz said Obama had seized a "vast amount of executive power" by allowing people who entered the country illegally as children to stay (though as my colleague Adam Serwer pointed out last summer, presidents from both parties have long claimed the authority to grant stays of deportation). He was also concerned about the possibility that the DOJ may decline to enforce federal drug laws in states that recently legalized pot. (This coming from the same school of thought that says the 10th amendment allows states to ignore federal laws they don't like.) "For those of you who are nervous about some of the tendencies of of this particular president," Rosencranz said, "I would keep your eye on the executive choices like declining to execute law."

He said Congress should clarify that the president must enforce federal laws. Would this, then, apply to Obamacare under a "President Ryan in 2017," asked moderator Henry Olson, director of AEI's National Research Initiative. Well, yes, Rosencranz said—yes, it would.

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Study: ALEC Is Bad for the Economy

| Thu Nov. 29, 2012 9:08 AM PST

The American Legislative Exchange Council, the corporate-funded group that generates nearly a thousand pro-business model bills per year and feeds them to state legislatures nationwide, is holding its annual policy summit in the nation's capital this week to meet with new state lawmakers and "prepare the next generation of political leadership." This coincides with the release of a report showing that ALEC's economic prescriptions are not good for the economy.

Each year, ALEC ranks the states on how tightly they adhere to the group's policy recommendations—from personal and corporate tax rates, to public sector employment levels, to right-to-work laws—as a predictor of their economic growth. The study released Wednesday, by the Iowa Policy Project and Good Jobs First, two policy groups that promote economic growth at the state level, introduces those rankings to reality. It concludes: "A hard look at the actual data finds that the ALEC…recommendations not only fail to predict positive results for state economies—the policies they endorse actually forecast worse state outcomes for job creation and paychecks." (Though the report is careful to maintain that though ALEC policies are correlated with less prosperous state economies, that doesn't necessarily mean the policies caused economic decline.)

Let's take a look. In six key measures of economic growth, ALEC's "Economic Outlook Rankings" fail to coincide with the actual economic outlook of a state over time. On the horizontal axis we have all 50 states' ALEC economic grades from 2007, when ALEC started its ranking system. The vertical axis shows the percent change in actual economic performance from 2007 until last year. If ALEC's fortune-telling were correct , the plotted points would form an upward, rightward line, with a better score corresponding with a better economy. But what happens is pretty much the opposite:

 

Note the downward slope:

 

Whoa, downward slope:

 

A better economy means higher incomes, means more tax revenue, right? 


 

Aaaaand upward slope:

Instead of boosting states' fortunes, the report finds that ALEC's preferred policies seem to provide "a recipe for economic inequality, wage suppression, and stagnant incomes, and for depriving state and local governments of the revenue needed to maintain the public infrastructure and education systems that are the true foundations of long term economic growth and shared prosperity."

12 Ways a Fiscal "Grand Bargain" Could Screw the Poor

| Tue Nov. 27, 2012 4:08 AM PST

As the fiscal cliff looms, there's a consensus that, one way or another, the rich are going to have to pay up. But that doesn't mean the poor are home free. Any "grand bargain" budget deal will be just that—a deal, which means that even though Democrats want to shield social programs from cuts, they will inevitably end up as bargaining chips on the table.

Obama's starting point for negotiations is the deficit plan that came out of the 2011 debt-ceiling showdown. It already contains heavy cuts in discretionary spending, which is spending on stuff that is not entitlements, including military and domestic programs. And 25 percent of that domestic spending goes to programs that help low-income people, according to Richard Kogan, a federal budget expert and senior fellow at the Center on Budget and Policy Priorities (CBPP). Obama and the Democrats have been pretty set against cuts to Social Security, Medicare, Medicaid, food stamps, and long-term unemployment benefits. However, Rep. Paul "62-percent-of-my-proposed-budget-cuts-come-from-poor-people-programs" Ryan will likely be leading the charge on the other side of the aisle. He won't be able to chop up the safety net to his liking, but he and his fellow Republicans will do what they can. 

Kogan says that even though a final budget deal is likely not to eliminate tax benefits for the poor, it will almost certainly include deeper cuts to lots of social programs. Here are 12 possible targets (program costs are from 2012 unless otherwise noted):

Medicaid ($258 billion): Though Obama has largely targeted providers for potential Medicaid cuts, Republicans want beneficiaries to fork over more. In which case, says Kogan, patients might be forced to make copayments, or program costs may be shifted to the states, which could decide to scale back coverage.

Food Stamps ($78 billion in 2011): The Supplemental Nutrition Assistance Program serves about 45 million people. It is not part of discretionary spending, but Ellen Nissenbaum, senior vice president for government affairs at CBPP, told The Nation it faces a real prospect of being cut in negotiations.

The Department of Justice Censors MoJo

| Mon Nov. 26, 2012 12:50 PM PST

Mother Jones received word recently that our November/December issue had been banned by a Massachusetts prison facility. The issue's cover story was Shane Bauer's harrowing in-depth investigation into the overuse of solitary confinement in the US prison system—but that apparently wasn't the reason the magazine was rejected by Federal Medical Center Devens. It was censored because of a naked lady.

A couple of weeks ago, Mother Jones received a letter from the prison's warden, Jeffrey Grondolksy, informing us that our magazine, addressed to an inmate-subscriber, was being returned because it contained "sexually explicit information or material, or features nudity." The letter stated that, in accordance with federal regulations, no Bureau of Prisons funds could be used to distribute such material.

Immediately, speculation swirled at the MoJo hive about which racy image in the November/December issue was the culprit. (WARNING: naked ladies.)

Rape of the Sabine Women, by Giuseppe Cesari.  FotopediaThe Rape of the Sabine Women was featured in a pg. 10 sidebar called Mansplaining Rape. Fotopedia

 

Page 19 ad for a book about how "men are not capable of [a] new manner of thinking; however, the majority of women are." Athena BooksPg. 19 included this ad for a book about "human males' addiction to war...and his universal domination of women." Athena Books

 

Look at her!  p. 38Just look at her! pg. 38

 

From p. 26 of Bauer's story: Inside an inmate's isolation cell at Pelican Bay Prison. Need we say more?  Shane BauerFrom pg. 26 of Bauer's story: Inside an inmate's isolation cell at Pelican Bay Prison. #meta

  Ew! p. 34pg. 34

A call to Grondolsky to inquire about the offending image was directed to Todd Chapman, the supervisor of correctional systems at Devens, who revealed that the objectionable nakedness was the pg. 19 ad image featuring a depiction of Eve. Chapman explained that Grondolsky is pretty strict when it comes to enforcing the no smut rule. And for "certain types of offenders," he said, there is "zero tolerance. Our warden is pretty 100 percent. It could be something as small as a statue" or "even if a kid drew a nude picture." He did allow that the law gives leeway for anthropological or scientific content.

Indeed. The law says, "Publications containing nudity illustrative of medical, educational, or anthropological content may be excluded from this definition." Moreover: "The Warden may reject a publication only if it is determined detrimental to the security, good order, or discipline of the institution or if it might facilitate criminal activity. The Warden may not reject a publication solely because its content is religious, philosophical, political, social or sexual, or because its content is unpopular or repugnant."

Bauer's solitary confinement story details the petty offenses for which California prisoners get "validated" as gang associates, and consequently thrown into isolation for years. Among them: possession of black literature, left-wing material, and publications advocating for the abolition of prison isolation units.

But the magazine was not banned because Bauer's solitary story was "political" or "unpopular." It was censored because of an advertisement marketed to the geriatric set. And just like that, investigative journalism with pictures of flesh gets lumped into the no good list along with materials that describe how to make a bomb, show prisoners how to escape, instruct them on "brewing alcoholic beverages," or are "written in code."

Grondolsky's justification for rejecting the latest issue of Mother Jones may not even be covered within the bounds of the regulation he cites, which refers to publications that "feature" nudity. According to the statute, this means "the publication contains depictions of nudity or sexually explicit conduct on a routine or regular basis or promotes itself based upon such depictions in the case of individual one-time issues." 

It's not the first time MoJo has been trashed by a prison. Mailroom censors at a Texas prison banned the September/October 2007 issue because it contained a picture of a nude child…in a story on the dangers of mining. (Guess what did get past the Texas prison censors that year? Letters to Penthouse XXVIII.)

All is not lost though. Upon receipt of the censorship notice, Mother Jones' Sharzy Makaremi promptly cut out all possible offending breasts, etc. and sent the magazine to the inmate, along with a letter contesting the rejection. When I spoke to Chapman he said he had heard that "someone pulled the page out and sent it back, so the inmate should be receiving that today."

3 Newsmakers Who Tried to Sneak One Past You Over Thanksgiving

| Mon Nov. 26, 2012 6:52 AM PST

Every year, like clockwork, as we turn off the news and settle in for the turkey, someone drops inconvenient news in hopes it will get missed. Among this year's under-the-radar Thanksgiving newsmakers:

Jesse Jackson Jr. 

Jason Moore/ZUMAPressJason Moore/ZUMAPress

Rep. Jesse Jackson Jr. (D-Ill.) barely campaigned for reelection, was MIA from Congress for much of the past year due to bipolar depression, and recently became the target of a federal criminal investigation, yet cruised to reelection in Chicago's 2nd District with 63 percent of the vote. But he ended up only staying a couple weeks. The 47-year-old resigned last Wednesday as you were piling into the car to go visit your sister. Jackson, who held the South Side seat for 17 years, was already under investigation by the House Ethics Committee over links to ex-Gov. Rod Blagojevich's attempts to auction off Obama's Senate seat in 2008. Then in October, the FBI launched another investigation over allegations he used campaign funds to spruce up his Chicago home. In his resignation letter, he said health problems forced him to step down, but he also acknowledged the federal probe for the first time: "I am doing my best to address the situation responsibly, cooperate with the investigators, and accept responsibility for my mistakes…None of us is immune from our share of shortcomings or human frailties, and I pray that I will be remembered for what I did right." Besides the letter, there was no official announcement of the resignation. Gov. Pat Quinn is expected to announce a date for a special election today.

 

The Pentagon

Jonathan Alcorn/ZUMAPressJonathan Alcorn/ZUMAPressAfter Osama bin Laden was killed on May 1, 2011, by a NAVY Seal team, his body was packed onto a helicopter and flown to the USS Carl Vinson, and he was buried at sea. But how did it really go down? That's what the Associated Press wanted to find out through a Freedom of Information Act request it filed with the Pentagon. The Defense Department complied on Thanksgiving eve, handing over a trove of heavily redacted emails in the first public disclosure of government information about bin Laden's death. The story the documents tell is that only a small group of the ship's leadership knew what was going on, according to the AP, and that officers used code to discuss whether the body had arrived on the aircraft carrier. "Any news on the package for us?" asked one. "FEDEX delivered the package," another responded. The grand high wizard of terror was also given a quite civil burial. According to the AP, one email read:

Traditional procedures for Islamic burial was followed. The deceased's body was washed (ablution) then placed in a white sheet. The body was placed in a weighted bag. A military officer read prepared religious remarks, which were translated into Arabic by a native speaker. After the words were complete, the body was placed on a prepared flat board, tipped up, whereupon the deceased's body slid into the sea.

The AP requested other materials, but the DOD told the news wire it couldn't find any photographs or video of bin Laden's body taken during the raid or on the ship, nor any documents related to pre-raid plans, nor a death certificate, autopsy report, or DNA identification tests results.

 

Rep. Scott DesJarlais

desjarlais.house.govdesjarlais.house.govIn October, anti-abortion Congressman Scott DesJarlais' (R-Tenn.) campaign hit a little bump in the road when court transcripts from his 14-year-old divorce emerged revealing that when he was chief of staff at a Tennessee hospital, he allegedly had affairs with two patients, three coworkers, and a drug company rep and pressured one of the patients to have an abortion. He also backed his first wife's decision to terminate at least one of her pregnancies. DesJarlais won reelection by 12 points. Now, in his first public comments since the release of the tapes—published on Thanksgiving—the congressman basically said it was all water under the bridge. In an interview with the Knoxville News Sentinel DesJarlais said he has no plans to resign over the controversy, and that he will run for reelection in 2014. DesJarlais told the News Sentinel that his views on abortion have evolved, and that in the past, it "was just not something that I put as much thought into as I should have." He continued, "I am human. I don't think I ever put myself out there to be somebody that was perfect. I put myself out there as somebody who wanted to serve the public."

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