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State Department Forces Texas Law Student to Take Down Instructions for 3-D-Printed Guns

| Thu May. 9, 2013 1:38 PM PDT
"The Liberator."

Defense Distributed, the Texas-based company specializing in 3-D-printed plastic firearms, took down its downloadable files on Thursday at the request of the State Department's Directorate of Defense Trade Control Compliance. The company posted a blueprint for the first fully-operational printed plastic handgun, "The Liberator," on Monday at its site, DEFCAD; the file was downloaded more than a 100,000 times in its first three days.

In a letter to the company's founder, Cody Wilson, the State Department alleged that the Defense Distributed's file-sharing service violated the terms of the Arms Export Control Act, and demanded that it take down 10 of its files, including the Liberator, within three weeks.

"Our theory's a good one, but I just didn't ask them and I didn't tell them what we were gonna do," Wilson, a University of Texas law student, told Mother Jones. "So I think it's gonna end up being alright, but for now they're asserting information control over the technical data, because the Arms Information Control Act governs not just actual arms, but technical data, pictures, anything related to arms."

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The Simple Reason Hedge Fund Billionaires Are Mad at Ben Bernanke

| Thu May. 9, 2013 1:30 PM PDT

Matt Yglesias informs me today that there is something called the Sohn Investment Conference, which, according to Reuters, "gets big name hedge fund managers to share their 'best ideas' with other wealthy investors." The hedge fundies, it turns out, are really unhappy with Ben Bernanke's monetary policy, and Matt provides a fairly philosophical explanation for why this is. I suppose he might be right, but I'm going to take a wild guess that the real reason is much simpler, summarized here by Reuters:

The Fed's easy money policy has helped boost riskier assets such as equities, with the S&P 500 up 14 percent this year. Both the S&P and Dow Jones Industrials have set a string of all-time highs.

In contrast, the average hedge fund is up only 4.4 percent.

So there you have it. In Ben Bernanke's America, hedge funds aren't doing so well. And guess what? Billionaire hedge fund managers aren't very happy about that. It's not complicated at all.

By the way, I love the scare quotes the Reuters reporters put around "best ideas." I'm guessing they're a little skeptical that these billionaires are truly sharing anything remotely approaching their best ideas. I would be too.

Quote of the Day #2: Paul Ryan Says Obama Never Calls to Chat

| Thu May. 9, 2013 11:28 AM PDT

From Rep. Paul Ryan, about a "secret beer" he had last month with White House Chief of Staff Denis McDonough:

It was the first time I have had a candid conversation or a substantial conversation with a member of the Obama administration since they came into power.

This time I'll make exactly the opposite point that I made in the previous post. If this is true,1 it really is a little unsettling. Sure, we all know how Ryan feels, and I doubt that this meeting had even the slightest effect on anything. Still, these guys ought to get together and chat at least a little bit. It's just part of the job.

1I'm being cautious because "candid" and "substantial" seem to be doing a lot of heavy lifting here. Is this really the first real conversation Ryan has had with the White House? Or merely the first conversation of a particular kind that he's had? Hard to say.

Republicans Boycott Vote on Obama's EPA Pick

| Thu May. 9, 2013 11:03 AM PDT
U.S. President Barack Obama announces Gina McCarthy as his nominee to head the EPA in a March 4 ceremony in the East Room of the White House.

The Republican members of the Senate Environment and Public Works Committee boycotted a Thursday morning meeting in which they were supposed to vote on the nomination of Gina McCarthy to head the Environmental Protection Agency. Republicans on the committee complained that she had not yet adequately responded to their questions.

The vote had been scheduled for 9:15 a.m. on Thursday, but none of the committee's Republican members showed up.

Politico reports on what transpired:

Committee ranking member David Vitter (R-La.) announced the boycott by all eight GOP members around 8:30 a.m., saying they would deny the panel a quorum because McCarthy and the EPA haven't provided answers to the questions they'd posed.
Democrats have noted that the questions totaled more than 1,000 — what they call a record. Republicans also had five "requests" for EPA on issues such as how the agency handles outside groups' threats of litigation — though Democrats said the GOP senators were actually asking the agency to offer major concessions in how it conducts public business.

Democrats on the committee were quick to attack Republicans for this "obstruction." Committee chair Barbara Boxer noted that the vote had already been delayed for three weeks to accommodate the panel's Republican members.

Senate Majority Leader Harry Reid railed on the effort to block McCarthy in a statement on Thursday, noting that the GOP has also blocked President Obama's nominee to head the Department of Labor, Thomas Perez. "This type of blanket, partisan obstruction used to be unheard of," Reid said. "Now it has become an unacceptable pattern."

The blockade on McCarthy is even more noteworthy because, as we've reported here before, she worked for Mitt Romney back when he was governor of Massachusetts, as well as Connecticut's Republican former Gov. Jodi Rell.

Quote of the Day: Eric Cantor Says Obama Just Doesn't Understand Him

| Thu May. 9, 2013 10:31 AM PDT

From Eric Cantor, criticizing the fact that President Obama hasn't done much to develop personal relationships with House leaders:

The president could benefit himself and the country a lot by developing those relationships and understanding where conservatives are, instead of just thinking that he knows where we are.

Um....and just what would Obama learn if he did this? I mean, don't get me wrong. Schmoozing is part of the job, and Obama should probably do more of it, whether he likes it or not. But is Cantor seriously suggesting that his positions, and the positions of the tea-party wing of the party that he leads, are even slightly nebulous? That Obama might learn about some surprising new areas of compromise if he talked to Cantor more? Seriously?

For more on this, I commend to your attention Ryan Lizza's account of Cantor's role in the 2011 debt ceiling fight. Based on Cantor's own testimony to Lizza, it wasn't really Obama's request for more revenue that killed the deal. Regardless of the size of the revenue increase, Cantor just flatly didn't want to reach an agreement. He didn't want to give Obama a political win, and figured that a failed deal would hurt Obama enough that Republicans could win the presidency and then write their own bill. Behind the scenes, he persuaded Boehner to go along, and the deal was dead.

Maybe Cantor is a changed man, and he wants the chance to prove it to Obama. But what are the odds?

A (Very) Brief Benghazi Timeline Recap

| Thu May. 9, 2013 9:23 AM PDT

I don't want to spend too much time diving down the Benghazi rabbit hole again—seriously, I think I'd rather have my big toe cut off—but I do think it's worthwhile to very briefly recap the three basic phases of Benghazi and what questions we have about them:

The months leading up to the attacks. Should the State Department have approved more security for both the Tripoli embassy and the Benghazi compound? Were they incompetent not to?

Quite possibly. Certainly, the State Department's own investigation was scathing on this score ("Systemic failures and leadership and management deficiencies at senior levels…resulted in a Special Mission security posture that was inadequate for Benghazi and grossly inadequate to deal with the attack that took place"). But there was nothing new about this in yesterday's hearing, and certainly no evidence of cover-up or scandal. At worst, it was misjudgment that reflects badly on State's security operations. At the same time, it's worth keeping in mind that hindsight is always 20-20. There were also plenty of legitimate resource constraints, budget shortfalls, and deliberate policy choices that contributed to this.

The night of the attacks. Was the military response to the Benghazi attacks incompetent and chaotic? That's possible, but like everyone else, I've read through the timelines and the evidence is thin. Republican investigators have continually dug up examples of things they think the military should have done (scrambled F-16s, dispatched FAST teams, etc.) and in every case the military has explained why they made the decisions they did. Gregory Hicks repeated many of these charges yesterday, and he's obviously angry about what happened that night. But the fact that he's angry doesn't make him right. So far, anyway, the military's explanations have always struck me as pretty reasonable. They certainly sound as though they understand the military realities better than Hicks and the other Monday morning quarterbacks do.

It's also worth noting that there was simply no conceivable motive for the military not to respond forcefully to the Benghazi attacks. Maybe there was confusion and maybe there were bad decisions, but nothing more.

The months after the September 11 attacks. Did the Obama administration try to cover up what really happened in Benghazi? This is the deepest rabbit hole of all, and the conspiracy theories have flown faster and thicker than I can keep track of. But after eight months of throwing mud against the walls, nothing has stuck yet. For several days after September 11, the intelligence community said that the attacks were preceded by protests, and that turned out to be wrong. But it was just wrong, not a cover-up. The intelligence community also believed—and still does—that the attacks were essentially opportunistic, not the results of weeks or months of planning. And Susan Rice, in her Sunday interviews, infamously mentioned the role of the "Innocence of Muslims" video that had sparked the Cairo protests earlier that day, and it's fair to say that she probably put too much emphasis on that. But only a little. There was, and maybe still is, evidence that the video played a supporting role.

And of course there are the notorious talking points, which have been subject to a deconstruction effort that would make Jacques Derrida proud. Did the interagency process sand them down a bit too much before the intelligence community released a public version? Perhaps. Were they wrong not to mention the role of Ansar al-Sharia? Perhaps. Should they have been more forthright about calling the attackers "terrorists" rather than just "extremists"? Perhaps.

But again: At most, this is evidence of misjudgment, not cover-up or scandal. And frankly, there's not much evidence even of serious misjudgment. Nor any motive for it. The Republican theory has always been that Obama didn't want to admit terrorist involvement because this would reflect badly on him, but this has never made any sense, either politically or practically. There's just no there there.

Finally, we did hear one new thing yesterday: Gregory Hicks' claim that he was demoted after he spoke with congressional investigators and questioned the State Department's handling of the crisis. If that happened, it was wrong and Hicks is right to be angry about it. But I'd remain cautious about this. Hicks is pretty obviously bitter, but even with only his side of the story available to us, we have very little solid evidence of mistreatment. Was he asked not to speak to Rep. Jason Chaffetz (R-Utah) without a lawyer present? Probably, but that's pretty normal. Did he do it anyway? Apparently so, and it's not clear why. Did he get an irritated phone call about it from Hillary Clinton's top aide? He says he did, but that wouldn't be surprising, and we have only Hicks' characterization of the conversation so far. Was he demoted to a desk job in retaliation? Maybe, or it could be a routine, temporary assignment while his superiors wait for something to open up for him.

We don't have the State Department's side of this because, of course, it's a personnel matter and they aren't allowed to talk about it. So I suppose we'll have to wait on the inevitable leaks. But I'd be very cautious about swallowing Hicks' story whole. It simply didn't strike me as wholly credible. But we'll see.

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Rand Paul Wants to Loosen Laws on Offshore Tax Evasion

| Thu May. 9, 2013 7:45 AM PDT
Somewhere that looks like the Cayman Islands, home to thousands of US tax cheats.

Late Tuesday, Sen. Rand Paul (R-Ky.) introduced a bill that would repeal part of a law aimed at fighting offshore tax evasion.

The law, called the Foreign Account Tax Compliance Act, was passed in 2010 and is supposed to go into effect on January 1, 2014. It requires foreign financial institutions to report information about Americans with accounts worth more than $50,000 to the IRS. Firms that don't comply will be fined.

Tax policy watch dogs say the FATCA is essential to rooting out tax cheats. "The increased bilateral exchange of taxpayer information that...[is] crucial to cleaning up the worldwide shadow financial system," Heather Lowe, director of government affairs for the advocacy organization Global Financial Integrity told Accounting Today earlier this month. "[F]oreign financial institutions should not harbor the illicit assets of U.S. tax evaders."

But Paul's bill to weaken the law was immediately hailed as "heroic" by the biggest independent financial advisory firm in the world. In an email press release from the deVere group, chief executive Nigel Green said, "Senator Paul’s heroic stance against this toxic, economy-damaging tax act is a landmark moment in the mission to have it repealed. He has taken a courageous stand against FATCA, [a law that] will impose unnecessary costs and burdens on foreign financial institutions."

Paul, generally a die-hard anti-taxer, says the intent of his bill "is not to disrupt legitimate tax enforcement." Instead, he says he objects to FATCA because it "violates important privacy protections," by giving foreign governments too much access to US citizens' tax information. Paul says he is only in favor of repealing those provisions.

But Paul has a long history of fighting the offshore-tax evasion law. Since FATCA was signed, the Treasury Department has been negotiating and signing treaties with over 50 countries to implement the law's provisions. Paul has put a hold on Senate approval of all tax treaties since he was elected in 2010, and as such has been blamed for trying to block FATCA.

A companion version of Paul’s bill is expected to be introduced in the House soon.

Our Broken University Financial Aid System

| Thu May. 9, 2013 7:43 AM PDT

Felix Salmon draws our attention today to a new study by Stephen Burd of the New America Foundation about Pell Grants and low-income college students. The news is grim. More and more universities, he says, have joined the "high tuition, high aid" brigade:

In theory, the structure should work well. Rather than charge every student the same amount, have a high rack rate, paid by the richest students, and then use the proceeds to put in place a generous scholarship system which will help support the poorest students.

In practice, however, that doesn’t happen. The scholarships go towards “merit aid”, which is often, dismayingly enough, a polite way of saying that the college is helping to pay for wealthy kids to attend, even if they’re not particularly smart. Some 20% of students with GPAs below 2.0, for instance, receive merit aid. And at the same time, the “need aid” is carefully calibrated so that poor kids won’t take the colleges up on their offers

Apparently this called "gapping," or "admit-deny," which is the practice of offering "a financial-aid package that is so rotten that you hope they get the message, ‘Don’t come,’” Mark Heffron, a senior vice-president at the enrollment management firm Noel-Levitz, told The Atlantic Monthly back in 2005. ‘They don’t always get the message.’"

More and more, the whole structure of Pell Grants, and financial aid in general, looks broken. Increased financial aid doesn't make college more affordable for poor students, it just allows universities to charge ever higher tuition rates. So what's the solution? Burd recommends a carrot-and-stick approach:

The carrot is to help schools that simply don’t have the resources to keep down the net prices of the low-income students they serve. The plan would offer Pell bonuses to financially strapped public and private four-year colleges that serve a substantial share of Pell Grant recipients (more than 25 percent) and graduate at least half their students school-wide.

....The stick is for wealthier colleges that have chosen to divert their aid to try to buy the best students....These schools, which generally enroll a relatively small share of low-income students but charge them high net prices, would be required to match at least a share of the Pell dollars they receive.

I'm not sure this is enough, but it's a start. One way or another, this is a broken system that needs to be fixed. It's great for universities, and it's pretty good for upper middle-class and wealthy families. For everyone else, it just doesn't work.

Want to Track Deaths Along the Border? There's an App for That

| Thu May. 9, 2013 3:00 AM PDT
Every documented migrant death in Pima County, Arizona, from 2001 to 2013

Pima County, Arizona, has found a new tool in the quest to save lives along the US-Mexico border: data. On Monday, the county medical examiner's office and Humane Borders, a human rights group based in Tucson, unveiled the Arizona OpenGIS Initiative for Deceased Migrants, an online mapping tool that allows anyone to search the hundreds of known deaths of migrants in the county since 2001.

The app, based on information compiled by the medical examiner and other sources and made possible by an anonymous $175,000 grant to the county, could help identify the unclaimed bodies of migrants and reunite them with their families. The data can be sorted by gender, cause of death, approximate location, and the victim's last name, if known. The medical examiners "get these calls from people—'My loved one disappeared three months ago, five months ago, at this point,'" says John Chamblee, a researcher at the University of Georgia who helped create the app. "Or they'll get a call like, 'The smuggler called me,' and they left their loved one at this point and they try to find out about them." Now can just create a custom map using whatever information they have, and sift through the results.

The Pima County data's impact is potentially far-reaching. Humane Borders hopes better tracking will help reduce the number of fatalities across the borderlands by giving aid workers an idea of where to place food and water. The data can also be used to trace shifts in migrant traffic and how policing strategies affect migrant safety. In Texas' Rio Grande Valley, the number of migrant deaths jumped from 52 in 2011 to 129 last year, an alarming increase immigration experts attributed to more effective strategies to block crossings in Arizona. Researchers like Princeton University sociologist Douglas Massey have attributed the swelling number of deaths along to the militarization of the border: With easily followed geographic corridors closed off, migrants are forced to travel through less navigable terrain, where they may become lost or run out of supplies. According to the Border Patrol, there were 463 migrant deaths in the Southwest in 2012, the highest total since 2005.

But Pima County is mostly alone in its quest for better information on migrant deaths. Only a handful of other counties, such as Imperial in southeastern California, have even produced reliable data. Data collected by the Border Patrol is unreliable, and not very specific. (One of Chamblee's challenges was to reconcile often contradictory data sets maintained by the border patrol, foreign consulates, and the Pima County medical examiner.) As Mother Jones has reported before, the Pima County medical examiner is unique because it is wholly independent of law enforcement, which means it faces less political pressure and fewer distractions. In some smaller counties in Texas, for instance, coroner is just a part-time job.

It's not that officials in other counties don't care about the issue; they're just worried that the data would be misused. "Some of them think politically don't think it's a good idea to create this," said Kat Rodriguez, a program director at Coalición Derechos Humanos Arizona. "Suddenly the narrative would be, 'Oh my God, look how much money is being spent on these illegals.'"

The Pima County project looks at a slice of a larger dataset that does not exist for now. Draft legislation floated by the White House in February included language requiring US Customs and Border Protection to collect statistics on deaths along the border. It would be required to publish those statistics at least once a quarter and issue a report within one year of the bill's passage analyzing any trends and recommending actions to prevent such deaths. The draft immigration bill being considered in the Senate has no such provision, nor do any proposed amendments. In the meantime, Pima County's program will have to do.

Why the Ethanol Boom Means More E. Coli Burgers

| Thu May. 9, 2013 3:00 AM PDT
This stuff makes the ethanol industry profitable—and boosts the E. coli in your burger.

Back in 2007, amid a boom in US corn-based ethanol, researchers at Kansas State University released a sobering study involving distillers grains—the mash that's left over after corn has been fermented and distilled into ethanol. As various government programs ramped up ethanol production—and with it the price of corn—the livestock industry was increasingly turning to distillers grains as a cheap corn substitute. But the Kansas researchers found that the stuff seemed to cause a spike in a particularly dangerous-to-humans form of E. coli in the cows' guts.

"Distiller's grain is a good animal feed," the study's lead researcher said in a press release. But its tendency to boost the potentially deadly E. coli 0157 strain "is likely to have profound implications in food safety."

The US Department of Agriculture, which is responsible for monitoring the safety of meat products, acknowledged the problem from the start. The USDA's then-undersecretary for food safety, Richard Raymond, told the Des Moines Register in early 2008 that he thought distillers grains were one of several factors behind the massive spike in recalls of E. coli 0157-tainted beef that had occurred in 2007. And he also telegraphed the department's strategy for responding to the threat: inaction. Here's the Register: