The Justice Department this week agreed to ease its tough legal tactics against scandal-tainted corporations, requiring prosecutors to get approval from Washington before seeking confidential information between firms and their lawyers.

Hmmmm. Seems like the Bush Administration is once again drawing back and letting the foxes stand guard at the chicken coop.

Now, I confess–I haven’t looked into this in detail, checked a couple of news stories–the above from the insurance industry’s point of view, and Democracy Now’s, which I heard on the radio but can’t locate in the archives. Perhaps the government has been going overboard on this. But I am skeptical.

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One of the things investigative journalists learn very quickly is “follow the money.” And that can mean both a direct trail of funding as well as who stands to benefit from policy changes a particular group is recommending.

Given the naked self-interest of certain large corporations in the watering down of the Sarbanes-Oxley–or at least what they perceive to be their self-interest–it’s not a big surprise that the group advocating to weaken that bill turns out to be funded by the very people who see themselves as benefiting by pulling back the watchdogs.

The Committee on Capital Markets Regulation, which argues that U.S. markets are suffering under overzealous enforcement and unwieldy rules, said it received $500,000 in financial support from the C.V. Starr Foundation. The charity has longstanding ties to Maurice R. “Hank” Greenberg, the former American International Group chief who was ousted from his post last year and is contesting civil charges filed by the New York attorney general.

Two committee members, Wilbur L. Ross Jr., a private investor, and Citadel Investment Group manager Kenneth C. Griffin, contributed “a few hundred thousand dollars” more, Ross said in an interview. The panel was formed this year with support from Treasury Secretary Henry M. Paulson Jr., a former chairman of the Wall Street firm Goldman Sachs.

The email version (thanks, Nancy Smith, for sending it) connects a few more dots:

The
report was funded by the Starr Foundation, which is controlled by Former AIG
Insurance chief Maurice Greenberg. Greenberg was forced to resign last year
after then-NY Attorney General Elliot Spitzer revealed major accounting
manipulations and misrepresentations at his insurance company.

The irony is, as I point out repeatedly in my award-winning sixth book, Principled Profit: Marketing That Puts People First, that high standards of ethics are actually good for the business bottom line.

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(I am sending this letter by postal mail, with copies to my own Congressman and Senators). If enough people write similar letters, maybe they’ll actually do some of this stuff)

Dear Rep. Pelosi and Sen. Reid:

It is thrilling to be able to write to both of you congratulating you on the Democrats’ election victories and on your new positions in majority leadership.

The Democrats have been given a window to make real change. I’m writing to ask that we not squander it. It is time for meaningful change on order of FDR’s First 100 Days–before the window slams shut and the American people once again have the sad image of a spineless do-nothing Congress, only this time with the Democrats in charge.

The biggest issue facing the US is foreign policy. President Bush managed to squander a huge international reservoir of good will toward the US in the aftermath of 911, along with the entire Clinton budget surplus, and the Democrats must work to rebuild our standing not as a rogue state but as a leader among nations in the campaign for world peace and prosperity. Specifically…

  • Get us out of Iraq NOW! That troubled country will face a civil war regardless of how long we stay. The longer we stay, the longer and more bloody that war is likely to be. As in Vietnam, let’s get out and let them get it over with. Less blood will be shed than by staying. The only possibility I see for avoiding civil war is to divide the country among Sunni, Shi’a, and Kurdish factions—but that strategy hasn’t worked well elsewhere in the world (e.g., India/Pakistan, Serbia/Albania, Ireland/Northern Ireland, Israel/Palestine). Demand from the Bush administration an immediate timetable for phased withdrawal within 90 days.
  • Bring North Korea and Iran to the bargaining table. Use diplomacy to avoid additional wars.
  • Play a peacemaker role in the Israel/Palestine/Lebanon conflict–through which, if real progress can be made, it might actually influence Iraq toward peace.
  • Change the dynamics of the US role in Latin America. Right now, we’re seen as “the neighborhood bully.” It is time to form working coalitions with the promising new governments in that region, to identify and work toward mutual objectives.

    Another “elephant in the room” is energy policy. It is time for a Marshall Plan-style campaign for true energy independence, based on renewable and nonpolluting technologies such as solar, wind, and small-scale hydro. We need to see our rooftops as an energy (and possibly food) resource, and the government needs to put programs into place to make these systems affordable to those who can’t come up with the large capital investment necessary to eliminate oil dependence and reduce carbon emissions/global warming in the long run. These could even be loans paid back directly out of energy savings. Large-scale involvement would bring down the price, make it affordable to every homeowner, reduce or eliminate dependence on foreign oil and uranium, reduce CO2 buildup and thus global warming. I live in a 1743 New England farmhouse and even in this somewhat challenging environment, solar systems provide nearly all our hot water and a portion of our electricity.

    A third major concern is fair elections. For starters every American needs to know that if they are registered to vote, they will be allowed to vote, and that their vote will be counted accurately. This requires a Federal law mandating voter-verifiable paper ballots, hand-counted in open and supervised public session. But beyond this basic and fundamental right, we need to be looking at other electoral reforms. Top of my list is Instant Runoff, which would take 3rd parties out of the role of “spoiler” and into the same kind of meaningful force and alternate voice that they provide in other democracies around the world.

    Fourth, the role of Congress. In the last few years, Congress has not fulfilled its responsibilities to the American people. Highly dubious, extremist Presidential appointments are approved with little debate. Massive bills are shoved at members at the last minute, with no time for adequate review. And the Legislative branch has been largely afraid to challenge the continuous power-grabs on the part of the Executive branch. The American people elected you to be part of the checks and balances, and I trust you will help your colleagues rise to their responsibility.

    And finally, there’s the question of what to do about the many high crimes and misdemeanors of the Bush administration. Rep. Pelosi, I understand why you would not want to engage in the divisive and all-consuming process of impeachment–but at the same time, we should not give these people a free ride for the serious crimes they have committed–for establishing a culture of greed, corruption, abuse of power, negation of the Legislative branch, corporate favoritism, unnecessary and unjustified curtailment of liberty, an international role as a pariah who has created space for terrorists that never existed before…and the unnecessary death and injury of thousands of Americans and hundreds of thousands of Iraqis in a move that only strengthened the hand of our terrorist enemies. Perhaps the appropriate response is something like South Africa’s Commission on truth and Reconciliation, that holds the perpetrators accountable but does not divide the country.

    In short, there’s a big agenda, you have the support of the American people, and that support can be strengthened by an assertive program of action. I wish you the best of luck.

    Sincerely,

    Shel Horowitz

    cc: Hon. Richard Neal, Sen. Edward Kennedy, Sen. John Kerry

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    Two brief excerpts from this New York Times story:

    RedState.com, the conservative journal, heralded a “massive meltdown in Pennsylvania” early in the day, citing “widespread reports of an electoral nightmare shaping up in Pennsylvania with certain types of electronic voting machines.”

    Among the litany of issues cited at Talking Points: computer problems that caused long lines in Denver; polling stations that stayed open later in Indiana after voting problems and delays; votes for Claire C. McCaskill in the Missouri Senate race that somehow registered for her opponent, Jim Talent; complaints that crashed an Ohio county phone system.

    In short, our work is not over even with most of the votes counted.

    I think the time has come for a mass movement around electoral fairness. We have the right to now that

  • Eligible voters are able to vote
  • Once they’ve voted, their votes are counted accurately using systems that cannot be hacked

    Watch this space. I will be contacting voting rights experts to help draft legislation, and then asking them to help contact mass-advocacy groups such as MoveOn and yes, its conservative counterpart RightMarch to create a massive bipartisan push for fair elections.

    The goal: Passed in 2007 and implemented in time for the 2008 elections.

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    Yesterday’s big gain for the Democrats was a vote for peace, for ethics, for election process reform (most visibly in Ohio and Florida, where Ken Blackwell and Katherine Harris, architects of Bush’s questionable victories in 2004 and 2000, were soundly defeated) and for competence.

    It was also, in many places, a vote for positive campaigning, Voters repudiated at least some of the candidates who put out the most vicious attack ads, including Lt. Gov. Kerry Healey, who lost the governorship of Massachusetts after 16 years of continuous Republican rule, and Rep. Nancy Johnson of Connecticut, who lost her seat.

    I actually had two personal friends running for Congress this time: Tony Trupiano in Michigan and Jeeni Criscenzo in California, both endorsed by Progressive Democrats of America. Both lost, unfortunately. But it was exciting to see them go this far.

    Now, it’s up to the Democrats to actually put forth an agenda of peace, ethics, elections that can be trusted, competence, and positive focus. We will be watching!

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    An Election Day message:

    At the core of democracy is the idea that citizens can vote, and their votes will be counted. Unfortunately, for at least the past six years, that lofty ideal seems to be at variance with reality. This year, the election is in process as I write this–and the number of posts crossing my desk that raise serious concerns about the validity of the process is just plain shocking.

    You want examples? I’ll give you examples from five different states (note that I’m not passing judgment of the accuracy of these claims, which I have not personally investigated–but it does raise a whole lot of suspicion):

  • Virginia: dirty tricks include fliers that tell voters to skip the election, calls to registered voters falsely informing them that their poling place is changed or that they are not allowed to vote. Oh yes, and how about ballots that make it almost impossible to vote for the Democratic candidate for Senator.
  • Ohio: a spurious telephone poll that accuses the Republican gubernatorial candidate’s opponent of hiring a child molester–on behalf of the same candidate who, as Secretary of State, has presided over the disenfranchisement of some 500,000 likely Democratic voters
  • Maryland: Report on security flaws in election machines was apparently sanitized by the company’s own executives and hidden from governmental authorities
  • California: The most widely used voting machine has a button that allows multiple votes–although election officials say they’ve trained poll workers to watch for suspicious behavior or extra beep tones (hard to imagine how that will work in a busy, crowded, noisy poling place, however)
  • Nevada: A Reno voter had to sue a voting machine manufacturer on the grounds that her vote wasn’t being recorded or counted (this quote is from her press release; the link is to the official complaint)
  • the Wyle
    Laboratory December 2004 test results of the AVC Edge with VeriVote printer that she
    and other Washoe citizens and most of Nevada voted on in 2004; and will again in 2006. Wyle tested the machines for reliability and certified the AVC machine suitable for Nevada voter use. Axelrod says Wyle’s operational, test and evaluation records reveal that test machines “ failed to operate when subjected to electrical surge, electromagnetic radiation and electrostatic discharge; overall standard reliability testing failed at 4, 8, and 10 hours causing the machine to lock up; VeriVote printers slipped out of alignment and/or repeatedly jammed and stopped printing even though the machines read “Printing Ballot Selections; and VeriVote Printing paper folded up on itself accordion style”. Axelrod also says, “Wyle engineers found that, “ongoing review of individual VeriVote paper receipts produced during testing show that a font size change had occurred on multiple occasions which in turn caused some of the information on the printer receipt to be found missing.” Axelrod also says that, “Wyle Laboratory suppressed and failed to print out VeriVote serial number data of machines under test so that printed rolls could not be traced back to the specific machine from which the voter receipts were printed.

    There’s more–a lot more than these five states. But that’s enough for now.

    Democracy: an idea whose time has come…in the U.S., too.

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    When I saw Robin Williams’ movie yesterday (see my previous blog post), one of the coming attractions was for “Shut Up and Sing,” a movie about the Dixie Chicks and their battle to avoid being completely suppressed after one of them made a public remark opposing the GWB administration. It was a great trailer; Dina and I put that movie on our go-to-see-it list.

    Lo and behold, today I stumbled on a story (via Alternet) that NBC has refused to air a promo for the movie because it “disparaged President Bush.” You can find stories here with every point of view from conservative Matt Drudge to various left-wing bloggers.

    You can also see the spot–a much-condensed version of the trailer I saw–by clicking here.

    Hmmmm. Sounds suspiciously like the old Divine Right of Kings theory and its dictatorial corollary that you weren’t allowed to criticize the royal government without severe consequences, if you ask me.

    Earth to NBC: It is NOT the job of the media to sanitize controversy. It is, in fact, the job of the media to investigate the news and report it, even if that means exposing a government buried in corruption, lies, and power grabs. With far too few exceptions (one of whom is NBC’s own Keith Olbermann), the large corporate media have not been holding their end of the bargain. But still, whether or not they act like it, the mainstream media should be (as the Quakers say) “speaking truth to power”–not helping to protect that power from ever hearing criticism.

    As it is, it is utterly shameful that the American people have allowed their protests to be marginalized and their picketers herded into enclosures far form the targets. I call that un-American and unpatriotic, and I salute those brave Americans who continue to defend the right of protest. Including the Dixie Chicks.

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    Just saw this movie today. Not only is Williams brilliant as the comedian running for President–and dealing with the ethical dilemma of his life–but the movie makes wonderful points about vulnerability of electronic voting machines, ruthlessness of certain corporations, politicians of both major parties and their all-too-cozy relationships with special interests, and more.

    No matter what your politics, it’s a great romp making serious points. Ideally, see it *before* the election. And tell your friends.

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    The four big issues I name in this post’s headline–Ford Motor Company’s massive earnings losses of $5.8 billion in the third quarter of 2006, Enron CEO Jeffrey Skilling sentenced to 24 years, Democratic hopes raised with some 48 House seats in play and at least four of the six Senate seats needed to shift control expected to go Democratic, and the no-confidence vote President George W. Bush has been getting in recent polls–may seem on the surface to have nothing in common–but actually, there’s a strong thread running through all of them.

    This is the common thread: The American people are totally sick of being lied to, manipulated, and stepped on by powerful interests who care only about a narrow agenda of partisanship and greed. To say it another way, the real issue in the psyche of America right now is ethics.

    And as someone who has started an international movement to tilt business toward higher ethics and written an award-winning book, Principled Profit: Marketing That Puts People First, about how ethics is one of the strongest drivers for business success, I see this as a positive trend.

    And it’s clearly time for a change, in both business and politics. In my opinion, the last ethical Presidents–both of them had a strong sense of personal integrity, even as their politics were vastly different–were Jimmy Carter and Ronald Reagan. Now, as regular readers of this blog know, I have no love for the policies of Reagan, or for some of the very creepy people he surrounded himself with (some of whom have prominent places in the GWB administration)–but the man himself always impressed me as someone who honestly believed in the things he was saying, and the numerous ethics scandals of his administration never seemed to enmesh him personally, and seemed far more a matter of a hands-off governance style. As for Carter…could anyone imagine that the man who freely admitted to “lust in my heart” but knew how to control that lust going through the shameful charade that Bill Clinton engaged in? And Carter as an ex-president has been a world statesman for social and economic justice around the world. I daresay he has made more of a difference in the last 26 years than in his four in the Oval Office.

    So how does Ford fit into all of this? It’s simple. Not once but twice, Ford has been caught with its ethical pants down, putting short-term profit above human safety, failing to rework known design flaws that cause fatal accidents, because its actuaries decided that paying the wrongful death lawsuits would be cheaper than fixing the problem. You’d think the company would have learned from the mess it made with the Pinto’s exploding gas tanks in the 1970s, but they were back with the same attitude about the Explorer’s little problem staying upright in hot weather–a problem the company apparently was well aware of before the car even began production. Compare that short-sighted and dangerous attitude with the amazing response of Johnson & Johnson to the Tylenol poisoning scare–and it’s not at all surprising to me that J&J rebounded very quickly after spending a vast sum to warn everybody about the problem and institute a massive recall of all Tylenol products.

    I can tell you that when I went car shopping two years ago, I didn’t even bother checking into Ford. I figured any company that would rather pay death benefits than spend a couple of bucks to fix a known cause of fatal accidents was not a company that I wanted to entrust with my family’s safety for the next five or ten years. And I suspect a lot of other people have done the same. The safety blowback may have even been a factor in Ford’s quiet decision a few years ago to purchase Volvo, a car manufacturer known for its concern with safety.

    I would absolutely love to see Ford start practicing all the groovy, concerned, and earth-friendly messages that Bill Ford says the company stands for–but I have to laugh when we get all these Green talking points from the company that unleashed the massive, gas-hogging Expedition. Sure, Escape hybrids are a step in the right direction, but a small one. My non-hybrid gas-powered small sedans get better mileage than an Escape even with the hybrid boost. So I don’t expect that a lot of people buy Escapes because they want to save gas.

    Skilling, of course, got hit hard in part because he was unlucky enough to have his literal partner in crime Ken Lay drop dead before the sentencing. But as the New York Times points out, the sentence was as strong as it was because people got hurt by his lies:

    The higher sentence, the judge said, was because he found that Mr. Skilling had lied to the Securities and Exchange Commission about the real reasons for his sales of Enron stock before the company’s collapse in December 2001. Mr. Skilling said he sold the stock only because of the impact on the market of the 9/11 terrorist attacks.

    And one very positive aspect of this case is that the government is going after his–and Lay’s–ill-gotten gains. Of course, the lawyers will get a huge chunk, but they are actually discussing restitution to those who were badly burned as the company’s failure sucked the life out of their retirement savings.

    * * *

    Before I close…a quick thank-you for several recent articles encouraging people to help stop future Enron and Ford scandals by joining the Business Ethics Pledge…and especially to blogger Jill Draperand e-zine editor John Forde (sorry, I can’t find a link, but you can subscribe to his newsletter at jackforde.com) for their rousing endorsements.

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    It is possible that as many as 655,000 Iraqis have died in the invasion and occupation of that troubled country–the vast majority civilians.

    This according to a study conducted by Johns Hopkins University epidemiologists, funded by the Massachusetts Institute of Technology’s Center for International Studies, and published in Britain’s premier medical journal, The Lancet. That link will give you the original (not very readable) article in PDF format.

    The results were much more accessibly summarized in The Guardian, a major UK newspaper,

    Thus they calculate that 654,965 Iraqis have died as a consequence of the invasion. It is an estimate and the mid-point, and most likely of a range of numbers that could also be correct in the context of their statistical analysis. But even the lowest number in the range – 392,979 – is higher that anyone else has suggested. Of the deaths, 31% were ascribed to the US-led forces. Most deaths were from gunshot wounds (56%), with a further 13% from car bomb injuries and 14% the result of other explosions.

    I became aware of the study through a commentary by Paul Craig Roberts, who had been an Assistant Secretary of the Treasury under conservative President Ronald Reagan. Roberts is blunt–he calls it “genocide.”

    So even some people with solid Republican conservative credentials are saying “enough!”

    I think this study provides a leverage point for organizing. Just as we don’t want to be complicit in the deaths at Darfur, we (those of us who are American or British, anyway) certainly want no complicity in the genocidal actions of our own governments.

    It is time to demand withdrawal–NOW! With a concerted effort and a firm commitment to rapid withdrawal, the troops could be home in 60 or maybe even 30 days–and we would stop making enemies and inspiring future terrorists. It is long past time to admit that the US/UK Iraq policy is a massive failure, a disaster, and deadly to the lives of the people we are supposedly there to protect.

    Out now!

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