My new Think Again is called “Worse than Watergate?” Guess what it’s about.
Congratulations once again to the Hillman Foundation for their award to Andrew Sullivan, who is quick to remind them of his pride in promoting the racist/eugencist-based research of Charles Murray going all Bell Curve-y about the Richwine scandal, here. I’m sure immigrant unionists are particularly pleased....
So it was a relatively quiet week musically. I did catch my first ever Hays Carll show last Friday at City Winery. I missed out on Hays for a while, but I saw him on PBS during last year’s Americana Awards show and boy was he funny. I bought two albums of his and they were pretty funny too but also quite a bit more than that. He’s from the Steve Earle/Robert Earl Keen/Jimmy Dale Gilmore school of Texas ironic soulfulness in songwriting—Corb Lund is another member—and he’s pretty funny and charming in concert. Pretty impressive band too. If any of the above is your thing, then you’ll be glad you invested in. His website is here. Oh and “Wings over America is back,” remastered like the most recent McCartney re-releases. It’s a great album—I was there—as it pulls together much of what was great about McCartney’s early post-Beatle releases and only a few from what totally sucked (“Silly Love Songs” is bad. “Let Em In” is one of the worst songs of all time.)
That’s all. Now here’s Reed.
Obama’s Media Shield Kabuki
by Reed Richardson
In battle, assessing the true strength of one’s defenses necessitates taking full measure of the forces opposing them. Armor is only as worthy as the threats it can protect against, in other words. This is why taking cover—either physically or intellectually—behind a position that offers little to no real protection becomes twice as risky; it perpetuates a false sense of security where none exists and encourages ignorance of the real dangers lurking about.
Unfortunately, President Obama’s renewed interest in a federal media shield law this week presents just such a hazard for the press. Coming on the heels of a revelation by the Justice Department that it secretly scooped up phone records of Associated Press reporters to identify the source of a classified leak, it’s not hard to see this as a transparent ploy at damage control. (The AP story that drew the government’s scrutiny, which included leaks about how the CIA thwarted an Al Qaida bomb plot, is here.) While it may be tempting to view the passage of a media shield law as a potential silver lining to an otherwise ugly case of executive overreach, context here matters greatly. And it’s why it’s worth closely examining what the press really would—or more accurately, wouldn’t—gain if the bill gets passed.
Some background is necessary—the debate over how much constitutional protection the press enjoys regarding confidential sources was the fundamental issue in the landmark 1972 Supreme Court case of Branzburg v. Hayes. Though a majority of the Court found the press does not have an absolute privilege to withhold sources in every circumstance, an ambiguous concurrence by Justice Lewis Powell and a compelling dissenting opinion essentially snatched victory from the jaws of defeat. Thanks largely to these arguments, a large majority of states in the past forty years have been able to enact media shield laws that either do grant absolute privilege or that recognize the dissenter’s more press-friendly, multi-part test framework. (For a handy state-by-state breakdown of shield laws, check out the Reporter’s Committee for the Freedom of the Press.)
This patchwork quilt of state-based media shield laws is problematic, obviously. It punishes the press in states with less progressive legislatures, makes navigating interstate or national stories that much more difficult, and fails to address the unique circumstances in play when reporting on national security. Thus, a robust, federal version of the shield law has been a goal of free press advocates almost since the Branzburg decision came out.
Here’s the rub, though. The compromised 2009 federal media shield bill that Obama wants to revive is anything but robust and, overall, it might actually end up being a net negative for press freedom. Though a federal shield would undoubtedly help the press in the states that currently offer no source protection, the media outlets in places that already enjoy absolute privilege (12 states, including, critically, New York, as well as the District of Columbia) would experience a noticeable roll back in rights. What’s more, when it comes to national security and classified leaks, this particular bill’s language provides little more than a legal speed-bump for any overzealous government agency. And worst of all, Obama knows this.
How? Because four years ago, he was the one responsible for weakening it. The truth is, had the 2009 federal media shield law been in place last year, when the Justice Department secretly obtained the AP’s phone records, the outcome likely wouldn’t have changed. This even the bill’s chief sponsor tacitly acknowledged this past week: “Schumer himself made no claims that a shield law would have blocked the probe. Instead he says, ‘at minimum, our bill would have ensured a fairer, more deliberate process in this case.’”
Even this claim of a “more deliberate process” seems dubious, though. As the Times noted of the changes requested by the Obama administration in 2009:
[U]nder the administration’s proposal, such procedures would not apply to leaks of a matter deemed to cause ‘significant’ harm to national security. Moreover, judges would be instructed to be deferential to executive branch assertions about whether a leak caused or was likely to cause such harm, according to officials familiar with the proposal.
Previously, the government’s burden of proof had been more stringent and tangible—it would have had to document that “imminent and actual harm to national security” would result if a media source was not identified. But due to White House fears that this language afforded the press almost blanket immunity, this time-critical element was stripped out and, in its place, the government was given broad leeway to interpret a leak’s impact. Thus, the press would be left in the unenviable position of pleading a case of “he said, she said” against a national security apparatus that now enjoys the benefit of the doubt in the court’s eyes.
Sadly, this comes as no surprise from an administration that has undertaken a disturbingly aggressive approach toward leaks. Just this past Wednesday, Attorney General Eric Holder demonstrated this us-versus-them mindset during a House Judiciary Committee, where he was ostensibly advocating for press freedom:
“There should be a shield law with regard to the press’s ability to gather information and to disseminate it,” [Holder] said. “The focus should be on those people who break their oath and put the American people at risk, not reporters who gather this information.”
This statement displays a rather stunning lack of cognitive dissonance on the part of the Attorney General. But it does explain a lot about the Obama administration’s unprecedented “War on Whistleblowers” and adversarial approach toward leaks in the press. After all, an administration can hardly be expected to operate under the presumption that leakers are betraying the country and harming its security without eventually losing professional respect and judicial regard for those in the press to whom they are leaking. No matter the president’s words, all too often his administration’s actions demonstrate a contemptuous attitude toward the press for abetting these leaks.
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Which us brings to the final disgrace of the media shield law—its rapidly growing irrelevance. In an environment where our sprawling national security apparatus repeatedly abuses its power and increasingly relies upon secret “215” subpoenas and gag-ordered National Security Letters (NSLs) to out confidential sources and collect data, the law represents little more than the legal equivalent of the French Maginot Line, an outdated, easily-bypassed fortification. While the revelation about Justice Department’s monitoring of the AP is shocking, it really shouldn’t be. The fact is, our government secretly gather vast troves of surveillance information about journalists (and the public) thousands of times every year without them (or us) ever knowing about it.
What impact would the proposed media shield law have on this supra-judicial spying of the media? Precious little, if any. And therein lies the trouble. Passing it would only offer a pretense of a solution to a much more insidious problem confronting our government and the press. Repairing this critical relationship requires more than Obama signing a largely symbolic piece of legislation, one that fails to honestly address our out-of-control secret surveillance state. Encouragingly, some of the excesses of our national security apparatus are finally being questioned by the courts. But unless the establishment press also refuses to be co-opted into accepting the status quo, things won’t get better for it, or for our democracy. In other words, to truly safeguard our freedom of the press, merely giving it a shield is no longer enough. We now have to start taking back the weapons our own government is using to attack it.
Contact me directly at reedfrichardson (at) gmail dot com.
Also, I’m on Twitter here—(at)reedfrich.
The Mail
Ross Nelson
Fargo, ND
RE: “Why Does the Press Take the Heritage Foundation Seriously?”
Dear Mr. Richardson:
A couple of points: Immigration reform will not help Social Security or Medicare in the long run, as millions more citizens mean trillions more in unfunded liabilities, the short-term windfall notwithstanding.
Of course an expanded population typically means a bigger GDP; if America absorbed China our output and income would increase gigantically. Problem is, per capita income and production would go down in a major way.
Quite frankly, I don't give a damn about your feelings on whether Richwine used racist stereotyping. What does matter is if his arguments or numbers can be refuted. If so, well and good, we've advanced in knowledge a little. If not, we've still gotten ahead in what we know, despite liberal pieties that seem eternally meant to stifle truth.
Well, at least the PC corps got Richwine booted out. So much for the disinterested search for truth.
Regards,
Ross Nelson
Editor's note: To contact Eric Alterman, use this form.

Students at Green Mountain College. (Courtesy of Divest Green Mountain.)
Kudos to Green Mountain College for its announcement this week that it is committing to divest its $3.1 million endowment from companies profiting from fossil fuels. GMC is the fifth college nationwide and the second in Vermont to commit to divestment as part of a nationwide campaign that has spread to over 300 colleges and universities and more than 100 cities and states across the country.
The GMC Board of Trustees voted on Friday, May 10 to immediately divest from fossil fuels and establish a process for aligning future investments with social, environmental and governance goals. GMC has a $3.1 million endowment, only 1 percent of which is currently invested in the 200 fossil fuel companies that own the vast majority of the world’s coal, oil and gas reserves. So it’s a symbolic victory, yes, but one that demonstrates the increasing traction of the divestment movement.
“We’re pleased with the conversation that has occurred this semester between students and administration, resulting in the divestment from the list of the most destructive 200 fossil fuel companies,” said a statement issued by Divest GMC, the student group on campus who led the divestment campaign. “As students of an environmental liberal arts college we look forward to continuing the dialogue of authentic sustainability, both environmentally and socially. In this way we are strengthening student voice in all aspects of institutional education.”
Students at GMC began their divestment campaign last February. In March, a number of students participated in Mountain Justice Spring Break, traveling to West Virginia to witness the devastation of mountaintop removal firsthand. In April, the GMC Student Senate voted unanimously to support divestment and more than 50 percent of the student body signed on to a petition supporting the move.
“A heartfelt thanks to the handful of students of Club Activism at Green Mountain College who never lost hope and to the administration and board of trustees at Green Mountain College who listened as the murmur became a broad movement across the college community,” said Dr. Paul Hancock, professor of economics and director of the Sustainable Community Development Center at GMC. “This small place has accomplished so much to sound the alarm about climate change and overhaul the way we work and live. As we blow past 400 ppm let’s hope the folks in our nation’s capital respond to the demands of these young leaders.”
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The GMC announcement provides a boost of momentum for divestment campaigns at other Vermont colleges including Goddard, St. Michaels, Johnson State, Middlebury and the University of Vermont. “This puts huge pressure on Middlebury’s Board of Trustees to divest,” said Middlebury College sophomore Teddy Smyth. “Our school’s reputation for environmental leadership is lagging behind our neighbors at Green Mountain College.”
Activists are also pushing for divestment at the state and city level. Mor than 957 people have signed a petition, to date, calling on the state legislature to pass legislation to divest the state’s pension funds from fossil fuels.
“Vermonters want to align the state’s financial holdings with our strong environmental ethic,” said Maeve McBride, an organizer with 350 Vermont. “The Vermont legislature has banned fracking and set ambitious efficiency targets, but our state pension funds are invested in companies that frack, drill and pillage. We were the first state to ban fracking, and we can lead again by divesting our state pension funds from fossil fuels.”
Over the coming weeks, students across the country will continue to meet with their boards of trustees to push for divestment. This summer, the Go Fossil Free campaign aims to expand the divestment movement and lay the groundwork for an even bigger fall of organizing on campus.
Read Emily Crockett on why the millennial generation isn’t just a bunch of narcissists, as a recent Time article suggests.

Volunteers fill bags for a school lunch program. (AP Photo/Amy Sancetta.)
Late Wednesday night, the House Agriculture Committee passed a comprehensive, $940 billion farm bill. This was a first step towards making a real, five-year bill law—something the last Congress failed to do, and something that, by all accounts, this Congress deems an absolute necessity.
But one central issue could derail the farm legislation once again: food stamp cuts. Republicans are demanding even deeper cuts than what they proposed last year, and Thursday morning on Capitol Hill, several House Democrats made it clear they are willing to let the farm bill die if it contains those steep cuts.
The bill passed by the House Agriculture Committee last night slashed $20.5 billion from the Supplemental Nutrition Assistance Program, $4 billion more than what the committee proposed last year. These cuts would take away food stamps from nearly 2 million people, and several hundred thousand low-income children would stop receiving free school meals.
At a press conference Thursday morning, several prominent Democrats drew red lines around the cuts. “Lest anyone think that this [debate] is going quietly into the night, you have another thing coming,” said Representative Rosa DeLauro. “Maybe, and I can’t say for sure, maybe we’ll take a look at whether this bill can move at all.”
Representative Jim McGovern was more direct. “The $20.5 billion cut in SNAP is a poison pill. It means that we shouldn’t be supporting the farm bill,” he said.
The stakes are extremely high here. The agricultural community—from farmers to the multibillion-dollar industry players—badly wants a new farm bill, and powerful senators from rural states, in particular, are bent on enacting it. President Obama has repeatedly pressed Congress to pass one.
These threats from McGovern and DeLauro, who were joined by Representatives Marcia Fudge and Barbara Lee at Thursday’s event, carry real weight. The backdrop is that many conservatives oppose the House Agriculture committee bill in part because the SNAP cuts are too small—Paul Ryan’s 2013 budget calls for $135 billion in cuts to food stamps and for the program to be block-granted to the states.
Many far-right conservatives will likely oppose the farm bill for this reason, and for many other reasons—voting yes on a nearly trillion-dollar bill isn’t easy for them. That means Democrats will be needed to secure House passage, and if liberal members can mobilize enough colleagues to join them in steadfast opposition to the food stamp cuts, the farm bill might not pass. (House Minority Leader Nancy Pelosi did not return a request for comment about how she would instruct members on this issue.)
Even if the bill does pass the House, food stamp cuts could still blow up final passage when the House and Senate try to reconcile their bills. The Senate version of the farm bill cuts one-fifth of what the House proposes. Senator Debbie Stabenow, chair of the Senate Agriculture Committee, told reporters on a conference call Thursday afternoon that she would not accept the food stamp provisions of the House bill.
“I absolutely reject the level of cuts [to SNAP] and the way this is done in the House,” Stabenow said. “That policy does not have support in the United States Senate. I won’t support it the conference.”
McGovern said he hopes Obama, too, will prioritize the food stamp fight over simply getting a bill passed. “We need the White House to come up here and help us a little bit on this,” he said. “I really do believe there ought to be a line in the sand drawn, by this White House, that you’re not going to sign a farm bill with any SNAP cuts. Certainly not cuts of $20 billion.”
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The House Agriculture Committee bill cuts SNAP primarily by eliminating “categorical eligibility”—a method that forty states use to make sure needy families get food stamps. The 1996 welfare law allowed states flexibility with food stamp qualification limits by aligning them to more generous rules used under the Temporary Assistance for Needy Families program, and that’s the flexibility the GOP wants to eliminate.
Generous, of course, is really a misnomer here. The qualification for food stamps—130 percent of the poverty level—often excludes needy families who technically exceed that limit, but have disposable income well below 130 percent because of childcare and other expenses, as the Center for Budget and Policy Priorities explains. Also, the SNAP asset limit of $2,000 hasn’t been adjusted for inflation since 1986 and has fallen 53 percent in real terms.
So forty states, both red and blue, use the flexibility provided by categorical eligibility to make sure needy families don’t get screwed out of food stamps. If that eligibility is scrapped, as the GOP proposes, the Congressional Budget Office estimates 1.8 million low-income will stop getting food stamps and 210,000 needy children will stop getting free meals at school.
This is an outcome that far-right members of the House proudly champion. “It seems to me that the goal of this administration is to expand the rolls of people who are on SNAP benefits, the purpose of which is to expand the dependency class,” said Representative Steve King during Wednesday’s committee debate.
McGovern and his colleagues also see this debate in moral terms, though naturally very different ones. “Here’s the deal: we have 50 million people in the United States of America who are hungry. Seventeen million of them are children. We’re the richest, most powerful country in the world. We all should be ashamed,” he said Thursday.
“The debate around the farm bill yesterday should not have been focused on how we should cut SNAP. We should be talking about how we improve and expand SNAP,” he added. “We should be talking about how we invest more in nutrition, invest more in the effort to end hunger.”
Read George Zornick on another under-covered issue: integrating veterans back into society.
What a difference five years make! In 2008, when a few hundred union workers at the Republic Windows and Doors factory in Chicago voted to occupy their plant instead of submitting meekly to being laid off, theirs was a rare act of courage in a cold winter of crisis for organized labor. Five years on, as some of those same workers cut the ribbon on their own cooperatively run business last week, it was yet another bold step by innovative workers in a season of daring by labor.
It’s no easy thing to sign a lease, buy equipment and open a business with a group. Starting a coop is risky, just like walking off a low-wage job. Asked why he and his fellows had decided to start a co-op, veteran window maker “Ricky” Maclin told me it was because they were tired of their lives being in someone else’s hands. In the last five years, two different owners for two different sets of reasons had tried to lay them off. Now Maclin and his partners are owner/operators of a cooperative company called New Era and a similar sort of determination and defiance is being seen in city after city, from fed up workers who are taking to the streets.
Fast food workers went on strike in Milwaukee this week, the fifth city to see low-wage workers walk out in one-day protests. Before Milwaukee it was New York, Chicago, St. Louis and Detroit.
There’s plenty to be fed up about. The same people slashing services are talking about an economic recovery, but if this is the economy in recovery, workers seem to have no place in it. Politicians and pundits are doing OK—in fact, for anyone with a stock portfolio, the economy’s in the pink. But that old supposed pact between Big Labor and the Democrats is clearly broken. Labor unions invested millions in helping Democrats win the last election but they’re getting nothing back—at least nothing that helps working people live and rear families and eat.
Wages remain rock-bottom, millions are more or less permanently out of work and those who are working are working harder, for more bosses, in less secure workplaces, with nothing in the way of benefits.
No wonder people are embracing new tactics. And surprise, surprise, those tactics work.
By occupying their plant the first time (in December 2008), the New Era workers won back-pay—and time for a new owner to be found. By occupying a second time (in February 2012, when those new owners threatened to liquidate), they won a chance to form a cooperative and make a bid on equipment.
Now their company’s name is seeming especially apt: New Era Windows. Are we, in fact, entering a new era for labor? The last time the labor movement embraced sit-down strikes and worker occupations, it was the 1930s. For most of the last century, industrial unions viewed autonomous worker co-ops as a threat. Today the United Electrical, Radio and Machine Workers of America will be representing the New Era workers, and the United Steelworkers of America is working with the Basque co-ops of Mondragon to open industrial co-ops in the US.
Likewise, until recently, trade unions refused to support ambitious strikes by low-wage workers in predominantly non-union industries, especially strikes led by women, immigrants and community organizations. The one-day stoppages around the country by retail and fast food workers this season are targeting non-union chains like McDonald’s, Burger King, Taco Bell and TJ Maxx. Community groups are leading the way (although many are funded by the SEIU). They’re demanding a meaningful raise—to $15 and hour—and the right to organize a union without attack. So far, they’re succeeding in staging one-day walkouts without dire reprisals from management. That’s a jaw-dropping thing, with visible support. Milwaukee’s strikers returned to work Thursday, flanked by elected officials and clergy.
While the one-day strikes may be involving only a minority of workers so far, they are clearly building support as the wave of actions shows. What happens next? Strikes and co-ops are two different ways to respond to the finance-driven crisis of job losses and low wages. The first aims to build power at the bargaining table, the second to compete in the market. The outcome’s unsure, but just like that first occupation at Republic, the experiments themselves have unleashed new potential.
It just goes to show what can happen when workers lead the way, and when, as Jim Hightower would say, those who say it can’t be done get out of the way of those who are doing it.
In this video from Raise MKE and Wisconsin Jobs Now! workers describe what it’s like living on a low wage and why they’ve had enough. Today’s low wage buys only about 70 percent of what it bought in 1968. The majority of jobs created in this so-called “recovery” have been low-wage jobs. What’s that like to live on? As one woman puts it simply, “Living on minimum wage sucks!”
New York fast food joints may be in trouble for rampant wage theft. Read Josh Eidelson’s report.
Last night, I was happy to hear Chris Hayes report that the Buena Vista, Michigan, school district, which had been closed since May 7 with the intention of canceling classes for the rest of the school year, has reopened.
While it was good to see that these kids will indeed have classes for the remainder of the school year, I couldn’t help but hear this story and think about what’s happening with the school closings in Chicago. The city plans to move forward with the closing of fifty-four schools, despite protests from students, parents and the Chicago Teachers Union (CTU).
They differ greatly in size, but what Buena Vista and Chicago have in common is that the populations most affected by these school closings just happen to be mostly black. Buena Vista is home to just under 7,000 residents, 74 percent of whom are black. In Chicago, where black students make up about 40 percent of those enrolled, 88 percent of those who would be displaced by these school closings are black.
“Let’s not pretend that’s not racist,” CTU President Karen Lewis said at a rally back in March.
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I was surprised her remark didn’t cause more of an uproar. I agree, what’s happening is racist, but, generally speaking, the public has a way of not calling racism by its name. We dance around the issue by noting the size of the black population, or using creative language like “racially charged,” but consider racist an accusation best left unspoken. And in part that has to do with what our conception of racism is. We don’t call this racist because no one was caught on tape saying the “n-word.” No one was secretly recorded saying black children are inherently inferior to white children and therefore undeserving of an education to begin with. There won’t be any Eyes on the Prize–style documentaries made of this moment featuring Mayor Rahm Emanuel pledging “segregation now, segregation tomorrow, and segregation forever” in a fiery speech. There are no ready-for-Disney fire-breathing racist demons on the scene who find joy in denying black children a proper education. It’s all so… boring.
But that’s how racism operates for the most part. It goes about its business as items on a budget while those in charge remain massively indifferent to the suffering of communities of color. And what was it but indifference when Michigan Governor Rick Snyder was refusing to release 0.1 percent of the state’s rainy-day funds in order to keep Buena Vista schools open? What else but indifference explains why Mayor Emanuel is open to using $125 million of taxpayer money to fund a basketball arena, but can’t find any money to help keep some of those schools from closing? Neither of these men has set out to deliberately destroy the educational opportunities of black students, so far as anyone can tell, but the point is they don’t have to. The effect of their indifference is the same racist result. All they have to do is not care.
As long as the education we need costs more than we are willing to invest there are going to be budget issues. But we don’t call it racism when the budget shortfalls wind up shortchanging people of color first and hardest, even though that’s what it is. And we’ll continue to live with this problem so long as we’re afraid to name it properly.
Read Mychal Denzel Smith on the right to bear guns—and whether we really still need it.
A solver recently inquired about the legitimacy of this clue from Puzzle 3283:
Bread, upon reflection, is bread (4)
The basis for the wordplay in the clue is the fact that the answer is a palindrome. Read it forwards and it means “bread”; read it backwards and it also means “bread.”
In one sense, then, the palindrome clue can be taken as a special case of a reversal clue. It gives a definition of the answer word, and a definition of the word that results when you reverse the answer. It just so happens that they’re the same word.
But that description, although fundamentally accurate, glosses over the inherent weakness of a palindrome clue—namely, that it doesn’t provide two independent paths to an answer. The premise of a cryptic clue, after all, is that either part can lead a solver toward an answer, with the other part confirming. In theory, you should be able to come up with an answer from the wordplay and let the definition tell you whether that answer is correct—or vice versa.
A palindrome clue doesn’t do that, because only one of those paths is operational. You can use the definition to come up with an answer, and the wordplay will rule out some possibilities—it’s not PITA, for instance, or ROLL. But you can’t do the opposite, solving from the wordplay and using the definition to confirm.
So it’s true that a palindrome clue is less legitimate than most clues, which probably accounts for our solver’s discomfort. But to our way of thinking, this is at worst a venial sin. Palindromic words are so rare that this sort of clue doesn’t come up very often; remember that long palindromic phrases like “Able was I ere I saw Elba” or “Lisa Bonet ate no basil” are rather contrived, and unlikely to show up in a cryptic crossword grid. (See our post on “dictionary nature.”) And when a solver does encounter a palindrome clue, the very rareness of palindromic words helps to narrow the search fairly quickly.
Moreover, palindromes offer a bonus for solvers. Even before solving the clue, if you have the first letter of the answer from a crossing word, you can confidently also enter the last letter; if you have the penultimate letter, you can also enter the second letter, and so on. This helps compensate for the weakness of the clue.
We have used similar clues on a few occasions in previous puzzles:
ANNA Leo’s heroine looks the same in the mirror (4)
CIVIC Honda running forward and in reverse (5)
OTTO Going up and down, it’s the same guy (4)
And we’ll use them again in the future—but probably not very often.
What are your thoughts on palindrome clues? Please share your thoughts here, along with any quibbles, questions, kudos or complaints about the current puzzle or any previous puzzle. To comment (and see other readers’ comments), please click on this post’s title and scroll to the bottom of the resulting screen.
And here are three links:
• The current puzzle
• Our puzzle-solving guidelines
• A Nation puzzle solver’s blog where you can ask for and offer hints, and where every one of our clues is explained in detail.

A Walmart store in Richmond, Virginia. (AP Photo/Steve Helber)
This week has been a waiting game for consumers, as we’ve followed news of fashion brands that source from Bangladesh to see how they respond to the late-April collapse of the Rana Plaza factory where, to date, more than 1,100 garment workers have perished. Clothing companies and labor groups have been busy etching out a rigorous fire and safety agreement, which establishes independent inspections of the country’s factories, is legally binding, and requires that improvements in building safety be partially funded by fashion brands.
As the story has unfolded, it’s highlighted an underlying problem with corporate responsibility, particularly in the United States: Whether brands participate in the Bangladeshi factory safety agreement is totally voluntary. And embarrassingly and dishearteningly, it’s been the US clothing giants that have been reluctant to sign on. European companies, including H&M, Tesco, Primark, Benetton, Mango and others rapidly signed on earlier this week. Walmart has decided to develop its own plan for inspecting its Bangladeshi suppliers. This, even after it was revealed that the retail giant sold jeans from a supplier that had placed an order in Rana Plaza. It’s response was to fire the supplier, Fame Jeans.
Sears has also decided to go its own way. As of this morning, Target has declined to comment on the agreement and J.C. Penney is still reviewing the plan. One potential bright spot: Gap, which owns Old Navy and Banana Republic, is expected to sign on in the coming days.
One justification provided for the split between European and American retailers is that, according to a Gap spokesperson, America is overly “litigious.” In other words, this agreement might actually provide the necessary threat to brands for an agreement like this to work. In 2009, the Ninth US Circuit of Appeals ruled that workers in foreign factories that supply Walmart can’t hold the company responsible for their workplace conditions, despite the retailer’s code of conduct that’s supposed to hold its contractors to decent labor standards. This lack of liability is enjoyed by every retailer that uses contracted factories, which they do not own. It’s this loophole, the one that legally distances clothing companies from the very people who actually make the clothing, that has consistently and historically wrought disaster and human tragedy.
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Given the labor-intensive and highly competitive nature of the fashion industry, it has long needed tighter regulations and now is the time to push them through. The workers in sub-contracted garment factories need crucial protections. Currently, the United States government and our courts are doing nothing to police fashion companies’ behavior in factories overseas. The Rana Plaza disaster is a matter of international concern, and the time is ripe for government leaders to step in, evaluate the situation and force the hand of business. Otherwise, clothing brands will continue to distance themselves from tragedies, tragedies will continue to happen and consumers will feel confused and hopeless about their role in all of this.
In a new survey, 84 percent of New York's fast food workers report having their wages stolen. Read Josh Eidelson's report.

Barack Obama has been rocked by scandals over Benghazi, the IRS and the DOJ. (AP Photo/Pablo Martinez Monsivais.)
Benghazi, the IRS targeting Tea Party groups, the Department of Justice secretly seizing AP phone records: It’s a “trifecta” of scandals, Chuck Todd said. A “perfect storm,” Ron Fournier of National Journal wrote. “Obama’s Watergate?” Larry Kudlow’s CNBC show asked. And indeed Republicans, the mainstream media and all too many liberals have been getting emotionally swept up in the belief that no matter the merit of any one of these “scandals” (some more deserving of scare quotes than others), together they prove the Obama administration to be fatally scandal-prone, if not Nixonian, and predict flat-out second-term doom.
But let’s take a deep breath.
If they hadn’t converged within seven or so days in May, these scandals might have died of their own accord, as Fast and Furious did, as Solyndra did. Remember when the BP oil spill was deemed “Obama’s Hurricane Katrina,” even his “Iran Hostage Crisis”? As presidency-destroying scandals go, the IRS and AP crises rest on only slightly less flimsy ground than Benghazi: The IRS flap involves incompetence and short-term thinking by mid-level officials for whom Obama bears only the whiffiest responsibility. The DOJ investigation of a national security leak to the AP is a gross overreach, but it’s exactly the sort of leak-plugging that Republicans excoriated Obama for not doing aggressively enough.
So why is the media huffing in a paper bag in between speculating on his demise? Alone, each of these stories may have fizzled, but together their gaseous fumes ignite to reach escape velocity and overcome the gravity of facts altogether. Or as Stephen Colbert said, cracking out the champagne to celebrate the “chilling” IRS scandal, “This proves that everything I ever said about Obama is true.”
The triumphalism on the right may always be premature, but this time they do have an apology from the IRS to swing like a club, not to mention the sudden prostration of scandal-intoxicated Dems. “I’m sorry, Bob Woodward,” Mika Brzezinski said Tuesday. She was apologizing for once mocking Woodward for suggesting that a White House aide had threatened him for not towing the Obama line on sequestration. Back then, in February, Mika said, “Is he really afraid of a little aide that said that to him? Really? Are you kidding me?” But just twenty-four hours of trifecta hysteria had Mika convinced that “Maybe he was right.” (He wasn’t.)
“This is outrageous,” Democratic consultant and one-time John Edwards adviser Chris Kofinis said of the IRS controversy. “The administration and the president need to condemn this and act immediately. This is not a right-left issue.” (By last night, of course, Obama condemned it, again, and fired the IRS acting director.)
Most bitingly, Joe Klein wrote: “Previous Presidents, including great ones like Roosevelt, have used the IRS against their enemies. But I don’t think Obama ever wanted to be on the same page as Richard Nixon. In this specific case, he now is.”
In fact, so many media liberals were piling on Obama that Morning Joe’s Mike Barnicle declared, “I do not want to hear the phrase ‘liberal bias’ applied to the media when it comes to coverage of the Obama administration after the past couple of days.” (Greg Gutfeld of Fox News obliged, coming up instead with a new phrase: “The media is Obama’s scandal condom.”)
There’s something amusingly Lilliputian about the Republicans using all these slender threads to tie Obama down. But it’s scary, too, like waking up with Mitch McConnell standing on your nose, ranting at you.
So it’s important to separate these threads, and to see how in each case the GOP is framing the stories and encouraging us to jump to conclusions without waiting for buzzkills like facts or context.
Benghazi: Off the Fox/GOP scandal assembly line, this had been pretty much accepted as a “nothingburger.” Every time the right promises a bombshell, it’s defused, like the e-mail leaked to ABC’s Jonathan Karl that was supposed to reveal nefarious editing of Susan Rice’s talking points. Turns out, the leaked e-mail had itself been nefariously edited by Karl’s sources to make it look as if the White House was more focused on the talking points than it was.
And so far, the 100 pages of e-mails the White House released as damage-control yesterday look like a second helping of a nothingburger. That, or a long-form birth certificate.
Of course, there’s always Darryl Issa, though lately he’s been reduced to explaining that Obama covered up the Benghazi attack by calling it an “act of terror.” Obama’s semantics are a dead giveaway, Issa says, because “an ‘act of terror’ is different than a ‘terrorist attack.’ ” Please proceed, congressman.
The IRS: It’s clear now that the Cincinnati office of the IRS targeted conservative groups with words like “Tea Party” and “Patriot” in their names for extra scrutiny before granting them tax-exempt status. While these organizations weren’t rejected, their applications were often delayed by years, and some are still waiting for an answer. Worse, according to reporting in USA Today, the IRS approved liberal groups more quickly.
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So it’s bad, sure, but it apparently has nothing to do with Obama. In fact, liberals are beginning to realize that the right has been tying their hair to little pegs to keep them from moving, and they’re starting to yank free. Joe Klein stepped back from the brink the other day, saying, “I may have swung a bit too hard, putting Barack Obama’s Administration in the same league as Franklin Roosevelt’s and Richard Nixon’s when it comes to the Internal Revenue Service.”
The most important difference is that the Roosevelt and Nixon IRS depredations came from the White House. This mess seems to have percolated from the middle–the IRS’s Cincinnati office (a major facility, by the way)—up to the upper-middle. It was an overreaction, to be sure—but, as Ezra Klein explains, it was a response to a very real problem: how do you draw the line between political advocacy, which is a taxable activity, and policy advocacy, which is not, if the advocate organizes itself as a 501(c)4? Here’s Ezra.
The real scandal at the IRS, as my colleague Ari Berman says, “is how the Citizens United decision has unleashed a flood of secret spending in US elections that the IRS and other regulatory agencies in Washington…have been unwilling or unable to stem.”
In fact, Senator Carl Levin (D-MI) had planned to hold hearings this June “to go after” such dark money groups, like Karl Rove’s Crossroads GPS and the Koch brothers’ Americans for Prosperity, that have won tax-exempt status and the right to hide their donors by pretending to be 501c4 “social welfare” organizations. But because of the IRS scandal over the smaller-fish Tea Party groups, the investigation has been indefinitely delayed.
Anyway, misuse of the tax code is a bipartisan sin, as Harry Reid said Tuesday. “It wasn’t long ago that the IRS inappropriately targeted the NAACP, Greenpeace and a California church that was really progressive called the All Saints Church in Pasadena, California,” he told reporters. “At that time, we didn’t hear a single Republican grandstand the issue then. Where was their outrage when groups on the other side of the political spectrum were under attack?”
AP: In order to trace a leak of classified information about a foiled bomb plot in Yemen detailed in an AP story last year, the DOJ secretly seized a broad swath of reporter and editor phone records during two months of 2012. AP executive editor Kathleen Carroll says, “I’ve been in this business more than thirty years” and she and the AP’s lawyers have never “seen anything like this.” Attorney General Eric Holder counters, “I’ve been a prosecutor since 1976 and I have to say that this is among, if not the most serious, it is within the top two or three most serious leaks I’ve ever seen. It put the American people at risk. That’s not hyperbole.”
Progressives and journalists hate this kind of dragnet gumshoeing, and rightly so—it freezes out potential sources and whistleblowers, and Obama and his administration have acted, yes, scandalously in pursuing and punishing government leakers.
The Republicans have made a fine art out of demanding Obama do something, then attacking him when he does. During the campaign, Paul Ryan pretended to be outraged that Obama had saved $716 billion in the Medicare program, even though Ryan claimed the same cuts in his own plan. When Obama gave into GOP pressure by proposing the awful “chained CPI” cuts to Social Security benefits, a Republican congressman called it “a shocking betrayal of seniors.”
And now the same Republicans, like Joe Scarborough, who were screaming for Obama to shut down national security leaks like the one in Yemen, are now screaming that he’s trampling on free speech. (See Scarborough and former Obama adviser David Axelrod go at it over this here.)
After attempting damage control on Benghazi by releasing e-mails and the IRS by axing its acting director, the White House is now trying to quell protests over spying on the press by asking Senator Chuck Schumer to reintroduce a 2009 press shield law that could protect journalists from revealing sources. The proposed law is full of loopholes, a Times editorial says, but as a “peace offering,” it’s a start.
It also dares the GOP to act on its supposed outrage, a way of saying, Blazing Saddles–style, “Stop, or press freedom gets it.”
Let’s fix these problems, then let’s come down from our scandal high and move on, as Joe Klein implies he did. “What is more dangerous to our democracy,” he writes, “the Obama Administration’s massaging of its mistakes or the Republicans’ constant campaign to paralyze our government through diversions like these?”
Read Leslie Savan on the Cleveland kidnapping and what it says about violence against women.

This article was originally published by Campus Progress and is re-posted here with permission.
Poor me-me-me. Because I am a Millennial, according to Time magazine’s Joel Stein, I am a stunted, shallow narcissist who needs to have statistics mansplained to me by a Gen-Xer:
“Millennials consist, depending on whom you ask, of people born from 1980 to 2000. To put it more simply for them, since they grew up not having to do a lot of math in their heads, thanks to computers, the group is made up mostly of teens and 20-somethings.”
LOL, Joel! Sorry, you didn’t grow up with computers. In that case, let me carefully explain another Internet term that we Millennials learn while checking our phones every hour for eighty-eight daily text messages:
A troll is somebody who deliberately goads others on “Internet message boards” (you might remember these from GeoCities) just to get a reaction. And you, Joel Stein, are the perfect example of an offline troll: a journalist who riles up readers by smearing an entire generation as lazy—only to turn around and completely undermine his own half-baked shock-bait with the latter half of his article. I’m loath to feed a troll, but this particular troll, who admitted to “cozying up to the editor of the magazine” in his early career, has too wide and too credulous an audience.
“I have studies! I have statistics!” Stein crows. Actually, he has about two paragraphs of cherry-picked data! He has hand-waving generalizations! He has quotes from twenty people over age 32, and only two under age 30! (Thanks to fellow Millennial and Campus Progress alum Tyler Kingkade for the latter observation.)
Some of Stein’s mistakes may be simple carelessness. Maybe, when he wrote that Millennials “have less civic engagement and voter participation than any previous group,” he just hadn’t read that Millennials are most interested in civil service careers and volunteerism, had record levels of voter participation last year and care far more about family than fame.
Maybe it didn’t occur to him, when citing a survey of middle schoolers who want to grow up assisting famous people, that early adolescence isn’t the best time to evaluate most people’s career paths. And maybe he just hadn’t heard that the National Institutes of Health survey about Millennials’ narcissism has been called into serious question under peer review.
But too many of Stein’s blunders are internal contradictions that if not he, then his editors, should have known better than to print.
He says young people are stunted because they spend more time socializing with peers than adults, then says Millennials don’t rebel as much because they have friendlier relationships and more in common with their parents. He snarks about middle-class families displaying far more photos of themselves than in the ’50s, but those are the houses Millennials grew up in, not the ones they head—and then he says vacation-slide-showing baby boomers, given the same technology, would have been just as obnoxious as Facebook-oversharers. He debunks his own claims about the self-esteem-hyping, over-trophying culture of the 1970s by writing that “millenials’ perceived entitlement isn’t a result of overprotection but an adaptation to a world of abundance.”
Maybe that “perceived” entitlement is just “how rich kids have always behaved,” but Stein’s most glaring omission is failing to acknowledge just how not-rich this generation is becoming, and just how badly the baby-boomer-created system has failed them.
It’s hard to fathom how Stein can call Millennials lazy when too many of them slave for sixty-hour weeks working multiple jobs to take unpaid internships, all so that they can see no wage gains from all that extra work.
It’s outrageous to connect Millennials’ supposedly “stunted” intellectual growth with the popularity of keeping them on their parents’ insurance until age 26, when the reality is that “good jobs” with benefits are getting harder to find.
And it’s jaw-droppingly insulting that Stein’s only discussion of low-income youth is a flippant reference to “ghetto-fabulous” lifestyles.
The “how Millennials will save the world” part of the piece has some decent points.
Millennials have positive attitudes. They are shaped by, and shape, the technology and environment they are presented with. Their egalitarian, decentralized understanding of the world will change and benefit both them and the world.
But Millennials and their world won’t benefit from confused, stereotype-driven understandings of who they are and what they care about. While we keep building bridges to the future, let’s keep the trolls tucked away underneath them.
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New York City fast food workers rally at a one-day strike on April 4, 2013. (AP Photo/Mary Altaffer)
An update, with comment from the New York Attorney General’s office, appears below.
At an 11 am press conference outside a Brooklyn KFC restaurant, fast food workers and activists will release a new report alleging rampant wage theft in their industry, one of the fastest-growing in the United States. The report includes results from an Anzalone Liszt Grove research survey of 500 of the city’s fast food workers, in which 84 percent reported that their employer had committed some form of wage theft over the previous year.
Today’s press conference follows strikes by fast food workers in five major cities within six weeks, all demanding raises to $15 an hour and the chance to form unions without intimidation. The report, “New York’s Hidden Crime Wave: Wage Theft and NYC’s Fast Food Workers,” is being published by Fast Food Forward, the campaign behind the strikes in New York. It lands on the same day as a New York Times article reporting that New York State Attorney General Eric Schneiderman “is investigating whether the owners of several fast-food restaurants and a fast-food parent corporation have cheated their workers out of wages, according to a person familiar with the cases.”
Reached by e-mail, a spokesperson for the National Restaurant Association told The Nation, “We fully support compliance with all state and federal wage and employment laws.” The attorney general’s office did not immediately respond to a request for comment.
“Wage theft” is a term popularized by activists and advocates over the past decade to describe a wide range of ways in which companies fail to pay employees the wages they’re legally owed. The Fast Food Forward report identifies several types of violations as prevalent in the city’s fast food industry: employees working, without pay, before or after their shift; employees working overtime without being paid time-and-a-half; employees working during their breaks or not receiving breaks; and delivery employees not being reimbursed for expenses like gasoline or safety equipment.
The report quotes McDonald’s worker Elizabeth Rene, who says she loses up to $75 a month because she isn’t paid for the time she spends counting the register before and after her shift: “I feel cheated and used and like I’m not appreciated for my hard work.”A 2008 study by the National Employment Law Project estimated that the average low-wage worker loses 15 percent of his or her annual income to wage theft.
Asked about wage theft allegations, a Domino’s spokesperson told The New York Times’s Julie Turkewitz, “If anybody is paying below minimum wage or using the tipped wage credit, that would probably be independent franchisees in our system. And I can’t really speak to that.” The authors of today’s report reject such arguments. “Because the corporations design, maintain, monitor and profit from the fast food delivery system,” they write, “they should be the focus of regulatory and political action to eradicate wage theft up and down the fast food chain.”
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As I’ve reported, recent years have seen a rise in labor activism around wage theft, often backed by unions or “alt-labor” groups organizing non-union workers in the workplace and in local politics. In 2010, New York passed a statewide anti–wage theft law that the Progressive States Network described as the strongest in the country. In January, the Chicago City Council unanimously passed an ordinance that threatens offending companies with the loss of their business licenses. In other cases, forcing unwanted legal, political or media scrutiny on alleged wage theft by a company has proven a potent weapon in labor groups’ “comprehensive campaigns” to force concessions from management. The release of today’s report could represent an additional front in campaigns by Fast Food Forward, and parallel groups elsewhere, to transform jobs that are increasingly representative of work in the modern United States.
Update (12:15 pm Thursday): The New York Attorney General’s office has confirmed to The Nation that it issued subpoenas to a fast food parent corporation, and is investigating several New York State franchisees (the AG’s office declined to name the corporation). Schneiderman’s office is exploring potential legal violations including sub-minimum wage pay, unpaid work, false payroll records, overtime without time-and-a-half pay, work expenses that weren’t fully reimbursed and paychecks that bounced.
In an e-mailed statement, Schneiderman spokesperson Damien LaVera called the Fast Food Forward report’s findings “deeply troubling,” and said they “shed light on potentially broad labor violations by the fast food industry.” “We take the allegations seriously,” said LaVera, “which is why our office is investigating fast food franchisees. New Yorkers expect companies doing business in our state to follow laws set up to protect working families.” LaVera urged workers who have experienced wage theft by fast food companies to contact the attorney general’s office.
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