Ralph Nader Radio Hour

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RALPH NADER RADIO HOUR EPISODE 100: Toxic Avengers!
February 13, 2016

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Ralph gives advice to former security workers at an Ohio uranium enrichment plant, Chick Lawson and Jeff Walburn, on how to fight for compensation for their work-related illnesses. And legendary activist, Lois Gibbs, breaks down the Flint water crisis and a looming toxic catastrophe in St. Louis. Plus, Ralph’s latest commentary on the 2016 primaries!

Jeff Walburn

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Jeffrey Walburn worked at the Portsmouth Gaseous Diffusion Plant for 31 years and was a member of a highly-trained security unit guarding the most sensitive materials.

Chick Lawson

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Charles (Chick) Lawson, an Air Force veteran also part of the security force, was the safety officer assigned to look into Walburn’s injury.

Lois Gibbs

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In the spring of 1978, a 27 year-old housewife, Lois Gibbs, discovered that her child was attending an elementary school built next to a 20,000 ton, toxic-chemical dump in Niagara Falls, New York. Desperate to do something about it, she organized her neighbors into the Love Canal Homeowners Association. Her community organizing efforts eventually led President Jimmy Carter to deliver an Emergency Declaration, which moved 833 families from this dangerous area and signified victory for the grassroots community. On the heels of that victory, Lois created the Center for Health, Environment and Justice, an organization that has assisted over 11,000 grassroots groups with organizing, technical, and general information nationwide. She is the winner of numerous environmental awards and was the subject of a CBS TV movie entitled, “Lois Gibbs: The Love Canal Story.”

RALPH NADER RADIO HOUR EPISODE 100

Steve Skrovan, David Feldman, Ralph Nader; Chick Lawson, Jeff Walburn, Russell Mohkiber, Lois Gibbs

ANNOUNCER: From the KPFK studios in Southern California, it’s the Ralph Nader Radio Hour.

STEVE SKROVAN: Welcome to the Ralph Nader Radio Hour. My name is Steve Skrovan, here with the man of the hour, Ralph Nader. And guess who’s back, Ralph?

RALPH NADER: David.

STEVE SKROVAN: David is back.

DAVID FELDMAN: It’s good to be back off the campaign trail, Ralph.

STEVE SKROVAN: Yes, and Ralph sounds very excited about that, David.

DAVID FELDMAN: Yeah, we’ll talk about that later.

STEVE SKROVAN: Well, for loyal listeners, you know that David has been on the primary campaign trail. He is rested, he has detoxed, and he’s here for Episode 100. Congratulations, gentlemen, for that nice round numbered milestone. We are also going to talk to famed environmental activist, Lois Gibbs, about the Flint water crisis, and something you may not know that’s going on near St. Louis, Missouri. As usual, we’ll hear from Corporate Crime Reporter Russell Mohkiber. But first, on this program we’ve talked a lot about the importance of the role of the whistleblower, most recently with Anna Myers, head of the Government Accountability Project. And on the line today we have two whistleblowers that come to us from the nuclear industry. David, give us a little background.

DAVID FELDMAN: In the Southern Ohio town of Piketon, just above the Ohio River, is the Portsmouth Gaseous Diffusion Plant. It’s a facility that processed enriched uranium for nuclear weapons for almost four decades, until 2001. Chick Lawson and Jeff Walburn were part of a highly trained security force hired to guard and protect that plant. They and others were exposed to radiation over the course of their years at that plant, and in Mr. Walburn’s case, he was exposed in a dramatic accident that landed him in the hospital for eleven days. They are both now fighting the U.S. Department of Labor for compensation, not only for themselves but for other workers who have developed illnesses related to radiation exposure. Mr. Lawson, Mr. Walburn, welcome to the Ralph Nader Radio Hour.

JEFF WALBURN: Thank you for having us.

RALPH NADER: Yes, welcome indeed. Let’s start with you, Mr. Walburn. Exactly what did you do at the Gaseous Diffusion Plant for 31 years in Ohio? What was your daily day like?

JEFF WALBURN: Mr. Lawson and I were members of an elite unit there that did anti-terrorism and the SWAT for the nuclear industry, and we also participated in the guarding of high level weapons grade nuclear material that, if it got into the hands of terrorists or persons that would work against the United States could be enjoined to the demise of our country. So we had a high clearance, one of the highest in the United States, and we were given high responsibility to that end.

RALPH NADER: And were there any threats against the plants? Any serious threats to attack the plant or infiltrate the plant during your 31 years?

JEFF WALBURN: All the time. We constantly had threats. We were there at 9/11, can’t talk about all the details with that, but there was a threat and could have very well been there to us at 9/11. We’ve worked with everyone from the Seals to the FBI and Delta Force. We were lucky enough to have had John F. Kennedy’s bomb disposal expert teach us classes at one point.

RALPH NADER: Let’s ask Chick Lawson. What was the nature of Mr. Walburn’s injury and other workers at that plant? I think before you answer that, let me just say that there are about a thousand workers or retired workers every week who die from toxic exposures and particulates, gasses, chemicals in the workplace. Every week in the United States, every week. Just remember that. Over a thousand workers give up their lives for their company and whatever government agency they’re working with, and that this type of gaseous diffusion plant was at Oakridge National Laboratory in Tennessee, there have been hazards of the same kind of exposure in the Hanford Reservation in the State of Washington. This is the price of the Cold War, by the way. I mean, people say well, the price of the Cold War was all the money we spent on arms and what’s happened overseas, but we contaminated a lot of environment and hurt a lot of innocent, patriotic workers in the process here in the United States. And these dumps are still toxic. This plant closed in 2001, but it left behind a deadly legacy of radioactive toxics. So Chick Lawson, describe the kind of injury and how it occurred.

CHICK LAWSON: Basically what happened, when Mr. Walburn was injured along with other workers, this was a multiple day injury, which they don’t like to bring that up. But basically, they were using acids and chemicals to what we call “shoot a cell.” We had a major out-gassing. He and the other workers were engulfed in the fumes of that, which basically eat their lungs on the inside. Now, we also had seals that were leaking, so the UF6 that we were producing, up to 97 percent assay, was leaking out in a gas form, which also had arsenic and beryllium mixed in with it, and we were ingesting, inhaling and absorbing it through our skin.

RALPH NADER: And you had no Hazmat suits on, unlike other workers. You were guards, and you just had your guard clothing on, right?

CHICK LAWSON: Yes, sir. And one point about that, because of the high temperatures in the buildings, we’re talking 130, 140 degrees even during the wintertime. We wore a light t-shirt or like a polo or golf shirt, short sleeved, so with the beryllium and the arsenic, you were being able to absorb that, you have more area to absorb in into your body.

STEVE SKROVAN: I have a question. Steve Skrovan. Was this more of a chemical cocktail, or was this radiation, or was it a combination of both?

CHICK LAWSON: It’s a combination of both. It’s multiple. We had ingestion and inhaling radioactive particles, plus we were receiving what we would call ionizing radiation or penetrating radiation from what was known in the industry as a slow cooker, which NIOSH found out and that basically is now that term is sub-critical reaction.

STEVE SKROVAN: And NIOSH stands for what?

CHICK LAWSON: National Institution of Occupational Safety and Health.

STEVE SKROVAN: OK.

RALPH NADER: We helped start it in 1970, Steve. Got it through Congress, along with the OSHA legislation. Now Jeffrey Walburn, in July 1994, something happened that changed your life forever, when you were unwittingly exposed to a cocktail of unknown chemicals. Can you describe that awful day and what it did to you?

JEFF WALBURN: We, myself and Paul Walton, ex-Vietnam veteran, hell of a guy, good guy, you’d hate to see him now. He’s just a shell of his former self. We were stationed at a place to guard material that if they mopped the floor they had to keep it, because it had material in it and they reclaimed that material, high assay material. We were there guarding these large, what they called poly bottles that had different colored chemicals in them, and they had nuclear materials. And so it had to be co-guarded. It was just a delineated place between I-beams on our floor with chain link fence, but we had M-16’s. There were SWAT groups that were ready to respond to our position at any time. At that point I was working just on the internal part, not on the anti-terror unit. But noticed the atmosphere change all the sudden, like if you can imagine if you pour CO2 into a beaker you can see it fill up, just like water. The atmosphere changed around us, and we were suddenly being stung by bees all over. And we had become hypoxic to oxygen. I’m an LPN now, so that expression means that you’re losing your oxygen. People were becoming angry. We were disoriented. So I told him we’ve got to get out of here. So we stumbled to the entrance, and the last thing I remembered was going to see John Gaine, and one thing lead to another, but I ended up in the clinic and hospital there at the plant burned all over by HF, and they’re trying to ignore it but trying to put me back on the job. They put me back on the job and I’m sitting there in a fog after my former SWAT leader, Calvin Parker, had taken me all through safety, screened out. I would been dunked by HF. There was no emergency called. They had previous information that went clear up to DOE headquarters that they knew these areas were leaking, and it had finally broke. And people over multiple days, the second a man threw up in the floor when the chemicals hit him. People were hit again. Walton was hit again. My friend Paul is a person if you went to pat him he would almost fall apart now, if you see him.

RALPH NADER: Yeah. Let me interrupt. You describe that day when those 26 chemicals were shooting into a cylinder above where you were working. You described that day “spitting out granulated pieces of lung” out of your mouth.

JEFF WALBURN: I did.

RALPH NADER: Your hair came out. You were burnt clear through. And they wanted to send you back on the job again? JEFF WALBURN: And they left me there all day. They did not check on me, called no emergency through the 300, which would have been the nerve center. The doctor examined me. It was all I could do, I couldn’t even talk when I got off work, I was burnt completely. My wife, who is a nurse, saw me and said, “my God.” Everyone that saw me said, “my God, what happened to your face?” And I said, “I’m burned all over.” So she sent me to the emergency room of the hospital she worked at, where they admitted me immediately. They called poison control and said, “Oh my God, he needs to be in the hospital on oxygen, Prednisone.” I had a pulmonologist. I had an internist. They were doing ear, nose and throat scoping to see that I was burned all through my lungs. Pretty bad scene in the hospital. My lung linings, my lungs bubbled out my nose and mouth late one night with my wife holding me in her arms. Pretty freaky thing. They hid me in the hospital. I was in the women’s center. I should have been in an ICU and I was looking around, I thought “What? Where in the hell am I?” There’s flowers all around me. At one point I was standing up in bed so disoriented, I was screaming out things, and my wife’s going, “Lay down, Jeff, you know. You got to get on oxygen here, you’re going to be OK.” Well, the company called me and they were acting like they didn’t know what was going on. RALPH NADER: Let’s back up here. What’s the name of the private corporation that ran the plant? And who funded the plant, the government?

JEFF WALBURN: The government originally funded it through Goodyear for a long time. It’s been in the Goldsmith buyout in ’86. They went under. Martin Marietta and then Lockheed merged with them. Lockheed used to be Goodyear Airspace, so somehow they circled Goodyear back in because I guess Goodyear had been a good lieutenant for them in their process. So Lockheed Martin was running it. But then there was a march up to the privatization as the USSR was falling apart. Russia was falling apart and the satellite states. The only commodity they had was warheads. So they were selling them to the United States, and they were back blending them through our facility. But our facility was leaking to the point that - I mean it was just killing the workers - but they kept taking the money and kept sending the material through, even though it had been reported to the highest levels that the plant was leaking profusely.

RALPH NADER: OK. This deadly experience occurred in July, 1994, and then you tried to get compensation. Tell our listeners what happened. You had a dosimeter or some sort of badge that was supposed to register your exposure level to radiation? And that’s when you problems start. Why don’t you describe that?

JEFF WALBURN: Well, we wore an external badge that, there’s two types of radiation. Health physics, which is external radiation, and industrial hygiene, which is internal like if you give a urine specimen and it would pick it up. So you’ve got two types of exposure. What happened - Mr. Lawson can really explain this in detail - but they found out that I was going to file a lawsuit so they ordered health physics technicians to zero out my badge. They changed my medical records. They hid the logs where I was injured to hide the system that went above atmosphere and was leaking, and that all our gamma graphs were going off showing the presence of gamma radiation. And I’ll let Charles Lawson tell the rest there, because he was the investigator.

RALPH NADER: Now before you start, Mr. Lawson, let me just tell the listeners that altering records by companies of workers exposed to occupational disease is very widespread. Oftentimes, companies would have two sets of records, one for themselves and their insurers and the other for the government inspectors. So this is not a particularly unusual situation that Mr. Walburn is talking about. You want to pick it up from there, Mr. Lawson, about the basic problem that has prevented these workers from getting adequate compensation? Talk about the badge episode.

CHICK LAWSON: Yes, sir. What happened was they were written, we’d read our badges quarterly. And because they sent me to bioclone school to learn how to run the equipment, I discovered not only were they falsifying our badges, but they weren’t reporting the actual doses. And we were getting a lot of neutron dose that had never been counted since the inception of the plant, along with high gammas. So what they were doing, they would go through, they would read the badge, and when it came out say like 3.2 REM or 3.5 REM in a quarter, well that puts us over the 5 REM. So what they would do then is go back and take two people within our department that did not work in the high RAD areas, and they assigned their dose. They would average it and that became our actual dose. Now the other part of this was, is that when I found out that they were falsifying our dosimeter badges, I contacted OSHA - I was an OSHA certified investigator - and like I legally was supposed to, contacted NOISH through OSHA’s guidance and asked for help, because I’m not a nuclear physicist. And we not only discovered that, but found the false log book that was brought out, was shown to Randy DeBolt (sp?), Dr. Stephen Aronholtz (sp?) was present when we found the false log book, he and John Cardirelli from NOISH. All these things were deleted from the reports. They used what they call a bucket dose. So people that actually were getting a dose got millirem dose instead of a REM dose, and they would take and empty the bucket by going through the back door of the computer and assigning small, miniscule amounts to different people, secretaries, janitors and things that didn’t work in these high RAD areas because they had to get it out of the system.

RALPH NADER: How did you know about this? Were the workers represented by lawyers?

CHICK LAWSON: The workers were not represented. I and Herman Potter - who were the safety officers for both unions - we discovered it by accident, when we were going through bioclone school. One of the workers, who had filed a lawsuit - she was a salaried individual - had been over-passed. And she filed a lawsuit, and in that she had stated in her lawsuit and deposition, “Well, they ordered me to falsify Jeff Walburn’s badge, but we also changed other badges.”

RALPH NADER: And let me ask you this. Did you ever get any media, say between July 1994 and 2014, local, state, national media, public radio? Did you get on any afternoon talk show? Did you get on any local shows to talk about this?

CHICK LAWSON: We have tried. We had a local TV station that filmed almost four hours. They said they were going to do a documentary. They showed a couple news items that then I was told, by one of their directors, they said, “We’re not going to be able to do this show.” When I asked him why, he said, “Well, I can’t go into that, but we were told we can’t show this.” Which goes back to - I think there’s different Senators and Congressmen that know about this. We have given over a thousand documents showing criminality and fraud. We met with the Justice Department, John Cowart, talked to him that there was, I believe, what is racketeering charges that involves this. The media: we had a few newspapers, but they are dissuaded by DOE.

RALPH NADER: Department of Energy.

CHICK LAWSON: And the United States - Yeah, Department of Energy. The United States Enrichment Corporation.

JEFF WALBURN: News blackout.

CHICK LAWSON: They have told them that we are crackpots; and we were just disgruntled employees. Sharrod Brown - when we were in a meeting in Washington DC - he made the comment, he says, “You’re nothing like DOE, United States Enrichment Corporation refer to you.” And I said, “Well, what do you mean, sir?” He says, “Well, they like to tell everybody that you’re the ignorant Appalachian hillbillies, who don’t know how to read.” So we have tried to get this out, but every time we approach people - Sharrod Brown said they have a dossier on Mr. Walburn, it’s almost four inches thick that is horrible to read. But they wouldn’t let him keep the dossier, unfortunately.

RALPH NADER: Well, let’s talk about the diseases. What kind of diseases did these workers come down with? And of course - the big issue always - were the diseases caused by the exposure in the workplace? That’s always a big issue with toxic exposures and workers’ compensation cases. But describe the ailments that have come out after this exposure in July 1994.

CHICK LAWSON: OK. What’s come about is because of our investigation. In 2000, they had a Senate hearing, which started the Energy Employees’ Occupation Illness Program. Originally they had 33 different cancers that they were going to pay employees for, if they came down with one of those cancers. Prostate cancer was one that they took back off, because they said, “That’s an old man’s disease. You’re all going to get that anyway.” We have beryllium illnesses. We have illnesses and cancers from the arsenic that causes brain cancer. We have several guards that have died from that. We have some now that are going through reconstructive surgery where they’ve had to cut their noses off and remove part of their skulls and brains to repair. We have numerous chemical exposure illnesses. And the problem we’re having now is trying to get these through, because the United States Enrichment Corporation - with Department of Energy’s nod - destroyed all the records.

JEFF WALBURN: One thing that Mr. Lawson is saying, when we gave testimony in the United States Senate, I testified there. The USEC, the United States Enrichment Corporation undermined my testimony with a false report changing and altering, marrying words together to create a new report that suggested only my badge had been changed, when the actual report by Linda Smith and Chris Kelly said that thousands of badges were changed, and that the dose database there was virtually unmatchable. But these chemical exposures, we have descending and ascending aortic aneurisms, which has decimated the workforce. There are things there, if you listen to the testimony of Dr. David Manuta, he talks about the mass balance and the fact that they only talk about 97 percent assay, he said, but the other three percent had U234, which is three to ten thousand times more radioactive than U235, and that when you ingest it and you’re hit by a slow neutron, you’re having nuclear fission inside your body just like a nuclear reactor.

RALPH NADER: Let me ask you this. What Senate committee was it? When was it, what year? And does the U.S. Justice Department still have an open investigation? And what about the Ohio Attorney General Office, have they investigated? Let’s go through those questions. When did you go before the Senate?

JEFF WALBURN: In 2000, March 22nd, Fred Thompson - they later found out Fred Thompson, I was accusing Lockheed of criminal. I later found out Fred Thompson, Senator Fred Thompson’s campaign manager worked for Lockheed, they’d given him $17,000 and his son was lobbying for them. But the Senate Committee on Governmental Affairs - we’ve since contacted that very committee and given them our documents. They passed our documents that show criminal activity around like a cheap romance novel amongst themselves, and we got the emails to prove that. And we’re saying, we’ve got proof that they lied to the committee that they’re on and the people are not getting their benefits, and that there was criminal activity. And Barry Bonds lied to the Senate and look where he is. And he’s - that was just baseball. We’re talking death of many thousands of workers at the hands of these people. So the Justice Department, I filed a plea calm, and John Kohler, also known as Jack Kohler - he’s in Civil Division - there were many, many, many things jumping off the page that this was criminal. The Civil Division would not put it in the criminal, did not call for a criminal investigation. We have proof that the IG of DOE, that’s the Inspector General, Gregory W. Freedman, used two mechanics - a husband and wife team - to undermine the investigation of the DHA, and that John Kohler had written a memo to his people saying, “Oh, don’t join this suit, there’s nothing there.” Well, whenever my lawyer and I took over the suit and filed it, we got five thousand documents that jumped immediately up to the level of criminal. And we’re going, how is it that DOE doing the investigation for the DOJ can’t find nothing, and here it is in our laps with dates stamps on it and five thousand documents that show high criminality?

RALPH NADER: Yeah, listen, who’s your lawyer right now?

JEFF WALBURN: Steven Edwards from Grove City, Ohio.

RALPH NADER: OK.

JEFF WALBURN: And what we got with the DOE being a perpetrator and not a regulator here: every time the courts would go to them as experts, they’d say, “Well, these people don’t know what they’re talking about. You know, throw this out - these people - there’s nothing to it.”

RALPH NADER: You haven’t had any compensation yet.

JEFF WALBURN: No sir, not one dime.

RALPH NADER: There’s no criminal prosecution underway, state or federal. So what are you left with?

JEFF WALBURN: None.

RALPH NADER: What do you want our listeners to know about going into the future?

JEFF WALBURN: Well, what I would like them to know about going into the future, the plant sits there as a derelict talk now. There’s people been shut down too since 2001. There are workers right now being exposed to thirty times the amount of HF in a plant that’s shuttered, that they’re supposed to be not running into this. They’re being exposed to slow cookers, they’re being exposed to arsenic. And NIOSH sends the very same people that covered up documents in my original investigation. And they have signed a death warrant for this new crop of workers since 1995.

RALPH NADER: What are these workers doing? Cleaning up the site? Because the plant is closed. What are they doing, cleaning up the site?

JEFF WALBURN: They’re demolishing the site, but they’re still running into chemicals.

RALPH NADER: Now do they have Hazmat protection? Why didn’t you have Hazmat protection?

CHICK LAWSON: I can answer that.

RALPH NADER: OK, Mr. Lawson.

CHICK LAWSON: Yeah, this is Chick Lawson. When we were working, they did not consider us into the Hazmat configuration on a job. They never contacted any of our police supervision. I tried to start changing that when I got elected to safety officer. We had people that would be in a complete fresh air suit working, and they would put up what we called magic tape, magena tape, and say, “You stand outside of this you’re OK.” Well, we weren’t OK. And the problem you got now with the D&D that’s going on, the pipes that they said were empty, turns out they’re not empty. Those pipes have high assay in them, and that it’s - they’re cutting into it and by using these torches, it’s causing them to take the HF, UF6 and it turns it back into a gas and it’s outgassing on these people. Now there was a report, Mr. Barry Coe - and also if you look back in the same time when this report came out - they also got a fine of $390,000 for willful violation on radiation records, which got negotiated down to like $243,000.

RALPH NADER: We’re running out of time, Mr. Lawson. What’s the name of your Congressman? Has he done anything? And how about the other Senator along with Sharrod Brown, Mr., Senator Portman?

CHICK LAWSON: Bill Johnson, I’ve contacted Mr. Bill Johnson, my Congressman. I spent eight hours going over documents. He said I need to find a lawyer - that he can’t help me - even though he did say that what he saw was criminal and that the people needed to go to prison. I contacted Sharrod Brown and Senator Rob Portman on this. Sharrod Brown said he would - sent me a letter, said he was going to help me but that has never come through yet.

RALPH NADER: Before we get to Senator Portman, did Congressman Johnson say that in writing, that he thinks it’s criminal and these people should be prosecuted and sent to jail? Is he willing to repeat that?

CHICK LAWSON: He would not put it in writing, sir.

RALPH NADER: But you swear he said that in his office?

CHICK LAWSON: He gave that to his assistant and told him to call me. And he said this is what Mr. Johnson said. We had a special meeting in Washington DC. And he said these people should be put in jail. They have committed crimes. It’s criminal action.

RALPH NADER: And you have not received any compensation since you were exposed?

CHICK LAWSON: I have got some compensation. I have beryllium now in my lungs. I have not received any compensation for the beryllium, but I did get some compensation because of the chemicals that I was exposed to caused me to have COPD emphysema, chronic bronchitis and asthma.

RALPH NADER: And do you still have any hope that you’re going to get compensation, apart from your desire to criminally prosecute the culpable people?

CHICK LAWSON: I seriously doubt that, sir, because of the way they’re handling the cases now with the Department of Labor. They’re using false information, because all the records were destroyed. So they are having to estimate and they can’t recreate what we worked around.

JEFF WALBURN: I might interject something here, I might interject something. Larry Elliott of NIOSH has stated publically that there was a criminal conspiracy. We have that in official text and on tape that there was a criminal conspiracy to alter radiation dose at Piketon, but yet NIOSH still takes public money and they are using falsified data to recreate dose.

RALPH NADER: What was the man’s name at NIOSH?

JEFF WALBURN: Larry Elliott. He is now at the 9/11 Ground Zero group, but Dr. James Neaton and Larry Elliott, head of the Cincinnati NIOSH division, has stated and restated that there was a criminal conspiracy to alter radiation dose at Piketon.

RALPH NADER: Can you send that information to Senator Sharrod Brown and send me a copy of the letter? You can go to Nader.org. Let’s zero in on something that’s pretty tangible, what Mr. Elliott said. And we’ll see what Senator Brown responds. Now how do you want listeners to contact you? Do you have a website? Do you have an email as we close?

JEFF WALBURN: There is a group called “A Call To Actions” that has taken up our plight. Their name is Bobby Vaughn Jr. and Kimberly Schultz, and it is one word, ACallToActions. Any comments anyone would have, we’d be glad for them to go through us. We don’t have a website. We have our individual emails - I don’t know if you want to put that on the radio - but through Franklin T. Gerlach, who was former mayor of Portsmouth, who is an attorney that’s fought a lot of these cases, he would be another person that if they would get word to him, his number’s 740-354-7755. Call them and contact Franklin T. Gerlach, and he would get in contact with us, and we would talk to or answer anyone’s questions.

RALPH NADER: Alright. Repeat that phone number, and then slowly give our listeners the one email that you think they should use to get back to you.

JEFF WALBURN: 740-354-7755 is Franklin T. Gerlach. My email is walburn, walburnn@windstream.net.

RALPH NADER: That’s walburnn@windstream.net.

JEFF WALBURN: Correct.

RALPH NADER: That’s two n’s, right?

JEFF WALBURN: Correct.

RALPH NADER: OK. One last comment. All this work at the Gaseous Diffusion Plant was to basically provide materials for atomic weapons, is that correct?

JEFF WALBURN: That’s correct.

RALPH NADER: OK. Well, we got into a race with the USSR as to who was going to build more atomic bombs. And then we entered into an arms control agreement with them where they sent their inspectors here and we sent our inspectors over to the Soviet Union to supervise the dismantling of thousands of these nuclear warheads in both countries. So --

JEFF WALBURN: That’s correct.

RALPH NADER: So this is what all these workers suffered for, and they get no attention. 130 million people watch the Super Bowl. All the afternoon talk shows on ABC, NBC, CBS never pay any attention to this. Public radio and public TV: they interview corporate executives but they don’t pay attention to these workers. It’s only a thousand workers a week in the United States of America, who die from these toxic exposures, not to mention all who are sick year after year, month after month. And you don’t hear presidential candidates ever mention this epidemic of silent violence that is entirely preventable. Thank you very much, Jeffrey Walburn and Charles Lawson. To be continued.

JEFF WALBURN: Thank you, Mr. Nader.

CHICK LAWSON: Thank you, Mr. Nader.

STEVE SKROVAN: We have been speaking to Chick Lawson and Jeff Walburn, former security officers at the Gaseous Diffusion Plant, a former uranium enrichment facility in Southern Ohio. For more about their story, go to the Center for Public Integrity website at PublicIntegrity.org. We’ll link to that on the Ralph Nader Radio Hour website. You are listening to the Ralph Nader Radio Hour. We’ll be right back after we check in with Russell Mohkiber, the Hercule Poirot of the corporate crime beat. Russell?

RUSSELL MOHKIBER: From the National Press Building in Washington DC, this is your Corporate Crime Reporter morning minute for Thursday, February 11, 2016. I’m Russell Mohkiber. Restaurants serve lobster in rolls, soup, ravioli and even on pizza, and diners are willing to pay a premium for the delicacy. But an “Inside Edition” investigation has found that you might not always be getting the real deal. “Inside Edition” visited 28 restaurants around the country, including local seafood spots and national chains like Nathan’s and Red Lobster. The meat was scooped out from a variety of lobster dishes and sent off to a lab, where DNA tests were carried out to see if there was anything fishy about the lobster. It emerged that in 35 percent of the samples, the lab found cheap substitutes instead of lobster. For the Corporate Crime Reporter, I’m Russell Mohkiber.

STEVE SKROVAN: Thank you, Russell. We’re going to continue on a little bit of a theme here of toxic exposure. Lois Gibbs is a returning guest. As many of you know, she was the activist who brought national attention to the 20,000-ton toxic chemical dump near her home in Niagara Falls, New York. She organized her neighbors into the Love Canal Homeowners’ Association, which eventually led President Jimmy Carter to deliver an emergency declaration, which moved 833 families from that toxic area. And on the heels of that victory, Lois created the Center for Health, Environment and Justice, an organization that has assisted over 11,000 grassroots groups with organizing, technical and general information nationwide. She is the winner of numerous environmental awards and was the subject of a CBS TV movie entitled, “Lois Gibbs, the Love Canal Story.” She is here to talk to us about a couple of things on a returning theme that we had earlier in the show. She’s going to talk to us about the water crisis happening in Flint, Michigan, and also she’s going to talk to us about a radioactive superfund landfill near St. Louis, Missouri. Welcome back to the Ralph Nader Radio Hour, Lois Gibbs.

LOIS GIBBS: Thank you. Thank you for having me, Ralph.

RALPH NADER: Indeed. You once mentioned the story in Michigan, Flint, Michigan, and right outside of St. Louis, as a “Tale of Two Cities.” You’ve been working to deal with the silent violence of toxics for many years, much of it coming from corporate criminal negligence or worse, some of it coming from government operation activities. What do you mean by a Tale of Two Cities? Tell us about the press conference you just held at the National Press Club in Washington, DC. Lois Gibbs.

LOIS GIBBS: Well, the Tale of Two Cities is really about how our government has gone from bad to worse. There is, and most people already have heard about the Flint, Michigan problem, but in February of 2015, our organization received water samples from some residents in Flint, Michigan, to say “My goodness, it smells, it’s disgusting, it’s cloudy, and here are some samples. What does it mean?” And our science director looked at the sampling, looked at the results, and said, “Don’t drink it. Not only don’t drink it, but get out in the street and start talking to people about they should not drink it either.” And so in the long, it’s a very long story, but the short part of it is, government knew that water was not drinkable. They did not go out in the street and bang on doors and tell mothers and pregnant women, and women mixing formula with this drinking water for their infant children, that it was dangerous. Instead, Melissa Mayes, and she’s one of the local residents, just a mom, a mom of three kids, actually, went and made little notices that hung on the door. You often see them when people go door to door to talk about an upcoming event or something. So they made door hangers, out of her own pocket, out of her own dollars, out of her own craft. I mean she actually wrote it and designed it and everything. And she and her husband walked door to door in as many neighborhoods as they physically can. Now Melissa has a failing liver, so it was really hard for her to do this. And the failing liver, she believes is from the poisoned drinking water. But she went door to door and she raised the flag, and as a result of that, people started asking questions. And all the sudden it begins to unfold, right? The city knew the water was poisoned. Governor Snyder knew the water was poisoned and chose to do nothing. And the EPA administrator from that regional office, Susan Hedman, she knew that that water was poisoned. The result of it is that you have tens of thousands of people who are now directly impacted by this because their local government, their state government, their Governor in particular, who’s never been very friendly to anybody who’s just a common individual or common family.

RALPH NADER: His name? His name?

LOIS GIBBS: Governor Snyder.

RALPH NADER: What’s his name?

LOIS GIBBS: His name is Governor Snyder.

RALPH NADER: OK.

LOIS GIBBS: And so he hasn’t done anything, and as a result these people are poisoned. So when you think about that and how horrible that is, an EPA person was asked to resign. I mean, she could have gotten fired, but she resigned instead. So that’s one story. So here’s people getting poisoned --

RALPH NADER: Wait, wait, Lois. There’s someone else who knew who didn’t sound the alarm. General Motors, that has a plant in Flint. Listen to this story. In the summer of 2014, they noticed that the water was corroding their engine parts. It’s an engine parts factory. And the workers who smelled and tasted the water were complaining. And they realized that they had to do some tests. So they did reverse osmosis tests, and they found that there were high chloride levels that were corroding their engine parts. As one worker said, “If they’re corroding the engine parts, what are they doing to the workers?” And when you do reverse osmosis, you discover all kinds of heavy metals, including lead. So here it is, the summer of 2014, General Motors knew this. They then paid a lot of money to get a different water source. They switched to a cleaner water source, and they never sounded the alarm. So General Motors received a letter from me on February 5th to Mary Barra, the CEO, saying, what happened? Why didn’t you inform local, state and federal authorities publically the moment your testing showed the results in 2014? So add General Motors to your list, Lois. Go ahead.

LOIS GIBBS: Absolutely. I mean, absolutely. The whole idea that all these people knew, all these people knew. And the moms, you talk about General Motors and the corrosiveness, well, the families who live there, the per capita income, by the way, in Flint is about $24,000 a year. It’s really, really poor and very, very black. People who have this water, some of them had to replace their hot water heaters three times for the exact same reason GM did, right?

RALPH NADER: Yeah.

LOIS GIBBS: Because it just ate through the bottom of their hot water heater, and their basements or their floors, wherever their water was, just flooded, creating yet another damage. So that’s one. So the industry knew, the local government knew, the state government knew, the federal government knew, and people got poisoned. So we travel to Missouri now. In Missouri there is a garbage landfill. It’s an average garbage landfill, I mean I don’t know what you can say about that. And next to it is a radioactive landfill. This radioactive landfill took waste from the Manhattan Project, I mean like really seriously heavy, contaminated radioactive material.

RALPH NADER: That’s the World War II project that led to the building of the first atomic bombs.

LOIS GIBBS: That is correct.

RALPH NADER: It’s called the Manhattan Project, yeah.

LOIS GIBBS: Yeah, the Manhattan Project. And so the garbage landfill, I mean these are literally adjacent to each other, 1,300 feet apart. The garbage landfill has been burning beneath the ground for four years. The fire is moving towards the radioactive material. When the fire reaches the radioactive material, which is anticipated within the next six months, no one has a clue what is going to happen. No one knows. The Attorney General who had some scientists and technical people look at this, said it could be “a Chernobyl-like event.” Horrifying. In this case, you have Governor Nixon also responsible for the mess in Ferguson, right? You have Governor Nixon, who has gone dark. He has nothing to say. The residents took 13,000 signatures up to him, asking him to move the people, move the people who are literally across the street from this landfill, plus a school that is across the street from the landfill.

RALPH NADER: Just time out for a minute, Lois. What is the source of the fire in the garbage dump; and why can’t they put it out?

LOIS GIBBS: Good question. The source of the fire is that when garbage degrades, it creates methane gas. And methane is pretty naturally occurring. And that methane gas caught on fire because Republic Services, who owns both of these sites by the way - both the radioactive site and the garbage site - Republic Services did not manage the site well, and when it caught on fire, instead of trying to put it out when it was just a small little corner, they ignored it. And in fact, they didn’t even tell the fire department that the landfill was on fire for four years after it caught fire. So because it was at one time a quarry, and a quarry is incredibly deep, and so this is really full of, you know, organic and inorganic and chemical - who knows what’s in there - but the methane gas will continue to be produced because of the waste in there. And because of the depth of the site, they can no longer put the fire out. It’s too big. It has engulfed the whole quarry area, and moving – again - moving towards the radioactive material. What happens when it burns, which is even more frightening, is that the surface then collapses into the hole where waste once was but now is ash, and as the surface collapses, big puffs of smoke and radioactive material and who knows what kind of chemicals go right into this community, which is called Spanish Village. Not a surprise, right? And on the other side of it is a mobile park. So in this case, the citizens went and asked Governor Nixon to help. He refuses to even acknowledge that they exist. They went after the Environmental Protection Agency out of the Region 7 office, and like the Michigan story, the Governor didn’t respond, Snyder nor Nixon in Missouri, and the Regional Director, Carl Brooks, who was in control of this, who had the responsibility for this, also was transferred somewhere into the bowels of EPA. Their Superfund person was transferred. Everybody was transferred. The residents there are like told that they’re going to have a Chernobyl-like event and no one will pay attention to them.

RALPH NADER: Wait, wait, time out, time out. How far is this from St. Louis and explain Chernobyl to our listeners.

LOIS GIBBS: It’s a suburb of the downtown city. It’s right across the highway from Ferguson. I mean literally there is a highway between Ferguson and this landfill site. And then the next thing is the airport, the St. Louis airport is right there as well. So it’s pretty close to all of downtown St. Louis. And the Chernobyl-like event, Chernobyl was in Russia where the nuclear power plant blew up and caused this radioactive material in an area that no one can ever live in again. It’s just horrible.

RALPH NADER: Now, Lois, for the first time since I’ve known you - and I helped start your group back in Niagara Falls and brought the press to recognize your heroics in that area that was contaminated, Love Canal - for the first time I find it hard to believe you. Let me tell you why. You have described the Godzilla of toxicity about to hit head on with the King Kong of toxicity, and there is no National Guard? There are no evacuation plans? The St. Louis Post Dispatch writes it up regularly, and you said very accurately, and President Obama is spending time watching the Super Bowl and he’s getting ready for March Madness, the basketball tournament. And we’ve got the 101st Airborne Division sending some troops again to Iraq. And we’ve got all kinds of military safeguards and monitoring equipment over half the world. And we’re supposed to believe Lois Gibbs?

LOIS GIBBS: Yep, you’re supposed to believe me because it is true and you can look in the St. Louis Dispatch or online anytime. There’s a story, literally a story a day about both the St. Louis site and the Flint one. The thing about the Flint is we can fix that problem. We can’t undo the damage, obviously, of the children and the suffering. We can get new pipes. We can get new water. In St. Louis, you can’t fix that. That thing is going to blow up. When - I mean nobody can even describe it. The children who go to school received a notice home from the school administrator. It says: “Dear parents, Please send a supply of medication your children take before and after school to school, because we may have to shelter in place for a duration of time, multiple days, if the Chernobyl-like event occurs.” How does one take their child to school? And you don’t know if the event happens because no one knows when. You may not see your children for three days.

RALPH NADER: Wait a minute.

LOIS GIBBS: Four days.

RALPH NADER: Wait a minute. Why isn’t there evacuation plans ready? We’re going to see here, if you’re to be believed, Lois Gibbs, one of the great catastrophes in American history, if those two dumps, in effect, merge. Who owns them, by the way? Who owns the garbage dump, and who owns the Superfund site?

LOIS GIBBS: They’re both considered one Superfund site, and they’re owned by Republic Services. Now, who is one of the largest shareholders of Republic Services? Bill Gates. Bill Gates and the Gates Foundation took all their money out of Republic Services for the Foundation, but Bill Gates in his personal investment, he is investing and reaping benefits from Republic Services while these children and their families are put at risk on an hourly basis. That means not even a daily basis. We don’t know.

RALPH NADER: But you say about six months before the two moving toxicity dumps start merging with one another. What would you advise our listeners? Just spell it out. What is the email that our listeners should send to Bill Gates in Seattle - Microsoft Corporation - and what’s the email they should send to President Obama?

LOIS GIBBS: The two emails are almost the same. Bill Gates: “Just use the dividends from your investments to buy the people out. They need to be moved. Buy them out. Protect them. Save those families.” And to Obama: “EPA is ignoring this, the Corps of Engineers is ignoring this. The House authorities are ignoring this. It’s now in your lap. You need to do an executive order to buy the families who live within two miles of that facility out immediately, immediately.”

RALPH NADER: OK. Listeners, you can at least do that. And if you’re listening in the Missouri, Illinois area, send the same email to the senators. Last question, Lois Gibbs. You’ve dealt with these toxic wastes all over the country. Nobody has visited more of these. You’ve helped thousands of people, families defending their children from these cancerous and other deadly toxic exposures, and you’ve won a lot of victories. That’s what most people don’t know, that Lois Gibbs’ group and their affiliates and the people she’s worked with have actually won a lot of victories here, grassroots power in action. Tell our listeners, one: what you really think is going to happen in the next six months, and second: if there is a catastrophe, give me the first six people who you think should be prosecuted after they resign their positions.

LOIS GIBBS: Well, what I’m hoping in the next six months, because we’ve had a lot of victories, is that this legislation will pass on the House and Senate side, which is moving this cleanup of the site out of EPA’s hands and into the Corps of Engineers, who knows how to deal with radioactive waste. I’m hoping that in the next six months - and that did pass the Senate, so we’re just waiting, it just moved to the House this week - we’re waiting to see if we can get EPA to evacuate them under Superfund Section 101, they have authority to do it. I’m hoping that they will definitely do that. That’s what we’re working for. And I think the people who need to be fired, the first one to be fired is Gina McCarthy, who has ignored both situations, and we won’t even talk about the Colorado River and so many others that are out there.

RALPH NADER: Who is she? Who’s Gina McCarthy?

LOIS GIBBS: Gina McCarthy is the administrator of EPA, and she has chosen to ignore all of these toxic problems. And I mean: ignore.

RALPH NADER: Give me the next five quickly, and then tell our listeners how they can contact you, Lois Gibbs.

LOIS GIBBS: OK. So the next one is Bill Gates. He should not be saying how he’s going to save everybody while he’s profiting on killing people. Obama should be fired. I mean, my goodness, how can he let this go? Rabbi Talve said in the lighting of the Menorah, “We need help in St. Louis” this past holiday season. In his White House, next to him, next to Michelle Obama. There’s no reason why they can’t do that. And obviously the CEO of Republic Services, which is Mr. Slager. And he needs to be fired as well.

RALPH NADER: How about the Governor?

LOIS GIBBS: Well, the Governor’s lame duck, he’s gone anyhow.

RALPH NADER: Alright. How can people reach you?

LOIS GIBBS: They can reach me by going to our website, which is CHEJ.org, so it’s http://www.chej.org. And there they can find more information about this. They can find information how to contact us by phone or by email. So just chej.org. RALPH NADER: Get involved, folks. Get involved. You don’t want to read about this catastrophe in the papers. You now have the moral burden of knowing what’s going on. We’ve been talking with Lois Gibbs, the indefatigable fighter against toxic violence all over the country. Thank you very much, Lois.

LOIS GIBBS: Thank you, Ralph.

STEVE SKROVAN: We’ve been speaking with Lois Gibbs of the Center for Health, Environment and Justice. Go to chej.org for more information. That’s chej.org. Wow, Lois Gibbs, amazing person. I think we have time for one, maybe two listener questions. David, why don’t you bring us on home?

DAVID FELDMAN: This comes from Terry Strong. Ralph, what do you think will happen to Bernie if he doesn’t win the DNC nomination? Should he run as an independent? What would be your advice to him?

RALPH NADER: Bernie has said repeatedly he’ll endorse the Democratic nominee without any conditions as to who that nominee may be. So it’s either going to be Bernie or Hillary Clinton. The Clinton faction and Hillary and Bill are pulling out all stops to stop the Bernie Sanders movement all over the country. So I think he’s going to have to decide whether he’s going to repeat his pledge last year that he’ll support whoever the nominee is by the Democratic Party after the primaries, or whether he’s going to take it all the way to the convention and broker it. He’s not going to run as an independent. There’s no way he’s going to run as an independent.

DAVID FELDMAN: Back in June, you said do not underestimate Donald Trump, and I thought, I don’t know what Ralph’s talking about. What about Bernie Sanders? Should we - I’m still underestimating him. Where do you see this going by June, July?

RALPH NADER: I think he’s going to give her a real run for the money. The Clintons have had a huge head start over the years in states like South Carolina and Nevada and southern states. It’s going to be an uphill fight, but he’s already proved that he can raise more than enough money to run a vigorous national campaign in small contributions. He’s already proved that people are fed up with the corporate Democrats, the voters. And what he needs now to overcome is the most difficult. It’s the rules of the Democratic Party, which give 20 percent of the delegates to elected officials, and Hillary’s already secured pledges from most of them. And also, the rules at the primary level in state after state that are designed to block insurgents like Bernie Sanders. But he’s gone a long way without our advice, and he’s reshaping progressive politics in America. And he’s just begun.

DAVID FELDMAN: Well, speaking of Trump, one of our other listeners, Arlene Carry, has a question. She says, and this is in relation to Bernie, does the extremist candidacy of Trump and his popularity benefit Bernie by providing a clear contrast, especially among Millennials?

RALPH NADER: I think so. I think if it was Bernie Sanders against Donald Trump, I think Bernie would win in the general election. I think he talks, clearly he’s authentic. Trump is full of trapdoors, his own language, his own outbursts, his own excessive emphasis on ripping other people down in an unprovoked manner, and he’s yet to release thousands of pages of his income tax returns over the years so that people can find out really what his business activities were all about.

STEVE SKROVAN: Well, that’s our show.

DAVID FELDMAN: I just have a quick question for Ralph. How do you study Trump? Because he’s an intellectual lightweight, so when you tackle him and read about him, where’s your fascination with Trump?

RALPH NADER: His language is the fascination. He talks in small sentences that do not require second and third step thinking by the listeners. So he won’t say something that requires a sequential process of attention. He will say, “We’re going to win. We’re going to win. We’ve been losing on trade. We’ve been losing with our fine military overseas. We’ve been losing on Wall Street. We’re going to win.” You see how simple it is? Now let’s face it, he’s never gotten more than 30 percent support in the national polls. In fact, Bernie Sanders outpolls him as of now in the national polls. But he does provide a very conclusory type of political language where people don’t have to ponder and wonder. Also, they think he can’t be bought because he’s very rich and funding his own campaign. And also, he’s so lowered the bar in terms of his own character and personality, that no matter what comes out about him, it doesn’t seem to affect his loyal supporters. But it will affect the majority of the voters who haven’t signed on yet. So there’s much more to be known about Donald Trump.

DAVID FELDMAN: I still think it’s a waste of time to listen to him speak and read about him. I feel like I’m reading about the Kardashians. But you do follow him closely?

RALPH NADER: He’s a brilliant communicator to about one-third of the people who have very little patience with matters affecting politics, who have very little patience with details. They know something’s wrong. They’ve felt it in their daily life, and they hear a guy coming on saying, “I, Donald Trump, can get things done. I’ve built buildings. I’ve built casinos. I know how to deal with people. I’m a deal maker. I also have a heart. I don’t want anybody down in the streets if they don’t have health insurance.” And it appeals to people. The impatience of a significant number of the American people makes them very vulnerable to somebody like Donald Trump. But then, look at the alternatives. Ted Cruz? Marco Rubio-bot? Jeb Bushwacker? What’s the alternative? So Trump stands up taller because of the people around him that are rancidly part of what people want to reject.

STEVE SKROVAN: Well, thank you for that analysis, Ralph. That’s our show. I want to thank our guests, Chick Lawson and Jeffrey Walburn, former security officers at the Gaseous Diffusion Plant in Portsmouth, Ohio, and also the indefatigable Lois Gibbs. Thank you for your questions. Keep them coming, either on Ralph’s Facebook page or on the Ralph Nader Radio Hour website. A transcript of this episode will be posted on the RalphNaderRadioHour.com. For Ralph’s weekly blog, go to Nader.org. For more from Russell Mohkiber, go to CorporateCrimeReporter.com.

STEVE SKROVAN: A transcript of this episode will be posted on the RalphNaderRadioHour.com.

DAVID FELDMAN: For Ralph’s weekly blog, go to Nader.org. For more from Russell Mohkiber, go to CorporateCrimeReporter.com.

STEVE SKROVAN: Remember to visit the country’s only law museum, the American Museum of Tort Law in Winstead, Connecticut. Go to TortMuseum.org.

DAVID FELDMAN: Join us next week on the Ralph Nader Radio Hour. Talk to you then. Steve? Ralph?

RALPH NADER: Thank you Steve, thank you David, thank you listeners. By the way, that TortMuseum.org leads you to a store if you want to get some very important books on the law of wrongful injury or other symbols, go to TortMuseum.org, and please heed the requests that we made during this program to take personal action and email Bill Gates and Barack Obama. Thank you very much.
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Re: Ralph Nader Radio Hour

Postby admin » Fri Feb 23, 2018 2:30 am

RALPH NADER RADIO HOUR EPISODE 101: Randall Robinson, Antonin Scalia, William Janssen
February 20, 2016

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Author and human rights activist, Randall Robinson, tells us about the Clintons’ ties to the private prison industry, while law professor William Janssen argues that pharmaceutical companies have a “duty” to sell life saving medicines. Plus, Ralph gives us his take on the legacy of late Supreme Court Justice, Antonin Scalia.

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Randall Robinson

Randall Robinson is a distinguished author and a political and human rights activist. He is the founder of TransAfrica, the first organization to advocate for the interests of African and Caribbean peoples. Among his many books are the national best sellers Quitting America: The Departure of a Black Man from His Native Land; The Debt: What America Owes to Blacks; The Reckoning: What Blacks Owe to Each Other , and Defending the Spirit: A Black Life in America. Mr. Robinson is also a professor of law at Penn State Law School and is the creator, co-producer, and host of the public television human rights series “World on Trial.”

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William Janssen

Professor William M. Janssen has been on the faculty of the Charleston School of Law since 2006 after a lengthy private practice. He concentrated his practice in pharmaceutical, medical device, and mass torts defense and risk containment. In practice, he was involved in several high-profile drug and device cases, including the national diet drug (“fen-phen”) litigations. He has spoken and written extensively on pharmaceutical and medical device law. He has written a paper that argues that pharmaceutical companies have a “duty” to continue selling their life saving medicines, despite economic forces that may induce them to take the drugs off the market.

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RALPH NADER RADIO HOUR EPISODE 101 TRANSCRIPT: Randall Robinson, William Janssen, Russell Mohkiber

ANNOUNCER: From the KPFK studios in Southern California, it’s the Ralph Nader Radio Hour.

STEVE SKROVAN: Welcome to the Ralph Nader Radio Hour. My name is Steve Skrovan, along with my cohost, David Feldman. How are you today, David?

DAVID FELDMAN: Very good, thank you.

STEVE SKROVAN: And the man of the hour, Ralph Nader. Hello, Ralph.

RALPH NADER: Hello, David, Steve. This is going to be really a great program.

STEVE SKROVAN: You’re absolutely right. As usual, we have a diverse and informative show for you today, and we’re able to do that every week because, well, frankly Ralph, you read so damn much. If you didn’t read so much, we’d have no show.

RALPH NADER: Our guests are wonderfully accomplished and inexcusably ignored by the mass media.

STEVE SKROVAN: Yes. And in the second half of the show, we’re going to talk drugs. Now don’t get excited, we’re going to talk medicines, to be a little more specific. And potentially deadly medicine shortages that can occur. We’re going to be doing that with Professor William M. Janssen of the Charleston School of Law. We will also, as always, find out what’s happening in the world of white collar crime with Russell Mohkiber, the Phillip Marlowe of the corporate crime beat. And if we have time after all of that, we’ll try to knock out a few more listener questions. But first, we’re going to talk to a man who wants to put the world on trial. David, who might that be?

DAVID FELDMAN: That would be Professor Randall Robinson. Professor Robinson is a distinguished author and a political and human rights activist. He’s the founder of TransAfrica, the first organization to advocate for the interests of African and Caribbean peoples. Among his many books are the national best sellers, Quitting America: The Departure of a Black Man from his Native Land, The Debt: What America Owes to Blacks, The Reckoning: What Blacks Owe to Each Other, and Defending the Spirit: A Black Life in America. Mr. Robinson is also a Professor of Law at Penn State Law School, and is the creator, co-producer and host of the Public Television human rights series, “World on Trial.” He comes to us today from St. Kitts in the West Indies. Welcome to the Ralph Nader Radio Hour, Professor Randall Robinson.

RANDALL ROBINSON: Thank you very much. I’m happy to be here.

RALPH NADER: Wonderful to have you on the show, Randall Robinson. I’ve known Randall for a number of years. And he’s from St. Kitts, which has about 70,000 people and has the same vote for the World Trade Organization as the U.S. One of the few egalitarian references we can point to, Randall.

RANDALL ROBINSON: We have even fewer people than that, Ralph. We’ve got 35,000 on the island of St. Kitts, and then the sister island of Nevis, we have 10,000. So it’s 45,000 max.

RALPH NADER: Oh. I’ll have to correct that. St. Kitts, 45,000.

RANDALL ROBINSON: We couldn’t fill a large football stadium.

RALPH NADER: But it’s probably beautiful weather there. And I want to start by talking about your new public television program, absolutely unique, called “The World on Trial.” You have said billions of people living in the United States and countries around the world have legal rights now that their government may not likely have told them that they have. Can you explain that? And then we’ll get into what your showcasing in “World on Trial” - in a very unique way - using juries.

RANDALL ROBINSON: When the Allies marched into Germany and into the Nazi death camps, and the newsreels broadcast what they found there, the world was horrified. And this spurred the new United Nations meeting in San Francisco in the spring of 1945 to move toward human rights and to move towards starting with the universal declaration of human rights pioneered by Eleanor Roosevelt and W.E.B. DuBois. And it opened up a whole trove of human rights treaties that now bind nations around the world. There are some 23 major human rights multilateral treaties that bind nations. And for the first time in human history, rights were given to individuals. Before World War II, what a nation did behind its own borders, to its own people, was a nation’s own business because of the complete shield of sovereignty. That changed with the war’s end. And the idea was to begin to try to protect individuals in countries around the world from the predatory impulses of the state. And so all of these human rights treaties were put in place, and hundreds of nations ratified these treaties. The problem is that the United Nations was not able to put in place an enforcement mechanism vertically from the top down through the instrumentalities of the United Nations. And nobody wanted enforcement of what is called “horizontal enforcement” of one nation against another. And so these human rights that individuals have in the millions in countries across the world have remained largely unenforced.

RALPH NADER: Randall, give some examples of the names of the treaties, and whether the U.S. was one of the last to sign on. Because a treaty, under our Constitution, has the force of federal law.

RANDALL ROBINSON: Well, the first you had - major treaty - was the Genocide Convention of 1948. Then the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights in 1966, then a treaty to combat racism in ’66, a treaty to foil discrimination against women in 1979, a convention against torture in 1984, a treaty to protect the rights of children in 1989. Twenty-three major United Nations conventions in all are in place and are the law of the international community.

RALPH NADER: U.S. belongs to all of them?

RANDALL ROBINSON: No. The United States remains the only nation in the West - the only industrial democracy in the world - that does not, has not ratified the Women’s Convention. The U.S. has not ratified the Child’s Convention. It has not ratified the Convention on Economic, Social and Cultural Rights. It hasn’t ratified a number of conventions. The U.S. recognizes the jurisdiction of no international human rights court, including the International Criminal Court. The U.S. does not respect the jurisdiction of that. In part, this has to do with the founding of the U.S. inasmuch as its Constitution and laws were said to be self-given. And so the U.S. doesn’t consult other nations, doesn’t regard other nations’ laws. And I think that has hurt us a bit in the world because the U.S. should be a bigger part of the fabric of what has happened than we are.

RALPH NADER: Randall, let me ask you something. This is extraordinary. It’s also a sign of what an empire is all about, above the law. And here you have Hillary Clinton - the Secretary of State for four years with Barack Obama in the White House - didn't she make an issue before the Congress on the inability or unwillingness of the Senate to ratify the treaty to foil discrimination against women and to protect the rights of children? She harkens a lot about her support of women and children. I don’t recall her making a real big issue out of this on the U.S. Senate side.

RANDALL ROBINSON: Look, the problem recently has been with the Senate and ratification. The Senate, you have to have two-third vote in the Senate to get something ratified. Bob Dole went on the floor of the Senate and tried to get the Disabilities Convention ratified, because he was severely injured in World War II. He failed. He couldn’t get two-thirds from a Republican controlled Senate. And President Obama favors the Women’s Convention very strongly. But you can’t get the support in the Senate to get ratification.

RALPH NADER: What could possibly be the argument of people in the Senate against the treaty to protect the rights of children? That includes the rights against human trafficking, one of the most odious crimes in the world involving children. You know, to an outsider on this, Randall, it’s
inconceivable that the Democrats wouldn’t have put the Republicans on the defensive in 2010, 12, 14 elections, and that Hillary Clinton would not have made a trademark stand on this. Can you explain that?

RANDALL ROBINSON: No, I can’t explain it, because the excuse is mysterious. One is that the Children’s Convention would somehow undermine the authority of parents in their own families. And that’s - there’s no foundation to that at all. The same thing about the Women’s Convention: very little foundation. A city like San Francisco has used the Women’s Convention for local law in San Francisco. And the treaty has inspired reform all over the world, but not in the United States.

RALPH NADER: You mentioned the lack of enforcement behind these treaties, even though in most countries that ratified them it has the force of law. Before we get to your great project, “World on Trial,” could you tell our listeners how to get more information about these treaties, and how to contact you? We’re talking with Professor Randall Robinson, Professor of Law at Penn State, graduate of Harvard Law School, author of many books, from St. Kitts in the Caribbean. Could you tell people how to get more information about these treaties, why the United States doesn’t ratify them, and how they can contact you?

RANDALL ROBINSON: Well, I can be written to at rr@rosro.com.

RALPH NADER: Can you repeat that?

RANDALL ROBINSON: rr@rosro.com. My address of course is Penn State Law School, University Park, PA.

RALPH NADER: Very good. Could you now describe this unique communication tool that you have created so imaginatively, called “World on Trial,” and how people can watch it?

RANDALL ROBINSON: Well, you can see the first two episodes online. You would go to “World on Trial” and look for the French headscarf trial. The question in that case was whether France had violated the right to religion in the ICCPR, the International Covenant on Civil and Political Rights,
by denying French girls in grade school the right to wear headscarves. France outlawed this - I think in 2004 - with national legislation. And of course we empaneled juries at university law schools all across the world to watch the trial and to render verdicts. And then we asked the public to render verdicts and to vote. But it’s a tremendously effective education tool, because we get both sides of the issue. We get the best lawyers in the world to argue the case, the best judges. In the case of the headscarf trial, it was Mrs. Blair, the wife of Tony Blair. And the second trial was a trial to see if the United States had violated the right to life of the International Covenant on Civil, Political Rights, when we used a drone in Yemen that killed a noncombatant. Drone use is heavy in that part of the world. And what does the law say and how protected are noncombatants, innocent civilians? And have their rights been violated? And the same thing goes. Juries all over the world sit and look at that trial and then they vote. The last trial, the headscarf trial, was well covered by public stations. Seventy-three percent of the country with an available audience of more than 200 million shows aired in 88 percent of the top 25 markets, including New York, L.A., Chicago, Philadelphia, Dallas, San Francisco, Boston, Washington, Atlanta. It was well covered in the country. Now all we have to do, Ralph, is to raise the money to conduct more trials. Television is expensive, and that’s a difficult thing to do, but we intend to conduct trials in all countries, rich, poor, east, west, left, right, it doesn’t make any difference. If there’s any suspicion that they may have violated one of the human rights laws - upon ratification these countries pledge to honor - then we intend to put them on trial.

RALPH NADER: How did the verdicts come out in the first two trials?

RANDALL ROBINSON: Well, the verdict in the last trial is still being tabulated. In the first trial, the majority felt that France had violated the law.

RALPH NADER: The treaty.

RANDALL ROBINSON: The treaty, yes.

RALPH NADER: Yes. You’re going to have other issues.

RANDALL ROBINSON: Sometimes it’s better to say “law,” Ralph, because “treaty” becomes too complex. I mean, most people don’t speak treaty. But a treaty is a law, so it’s much more consumable.

RALPH NADER: Yes. You have a lot of other issues considered for future trials. Can you give us a quick list of what’s coming up on “World on Trial?” And I hope some foundations in this country that want to use their money wisely will take a look at Randall Robinson’s innovative global project and support it. At any rate, what are some of the hot button issues?

RANDALL ROBINSON: Well, you have South Korea’s detention and expulsion of Falun Gong political asylum seekers; Nigeria’s despoilment of the Niger River Delta region and the inequitable distribution of oil wealth by Nigeria; Ireland’s discriminatory policy toward non-Catholic children applying for school entry; Paraguay’s destruction of the forest; Australia’s private prisons; The U.S.’s disproportionate execution of blacks and Hispanics. Those are just some of the programs in the tube. There are more subjects than we can deal with all over the world, and it really doesn’t make any difference about the politics of the country.

RALPH NADER: Randall Robinson, the Nigerian show dealing with the inequitable distribution of oil wealth: what international law or treaty does that violate?

RANDALL ROBINSON: Well, the people who live in an area - the Law of Economic, Social and Cultural Rights means that via notions of self-determination - people who live in an area, people who are of a separate language group, have to enjoy the fruits of their soil. Not only did the major oil companies with the central government come in and despoil the area, but there had been maldistribution of income for that as well. So that was the problem in Nigeria.

RALPH NADER: And what is the international law? What’s the name of the treaty?

RANDALL ROBINSON: The International Convention on Economic, Social and Cultural Rights.

RALPH NADER: That’s interesting for people to know. That’s very important.

RANDALL ROBINSON: And many of these treaties, of course, are overlapping. You find some language that joins them, knits them all together. So it could be a number of treaties that would apply to a number of situations.

RALPH NADER: Tell me, Randall Robinson, do you have on your list the Pakistan-India conflict in Kashmir and the Israeli-Palestinian conflict as part of the forthcoming programs under “World on Trial?”

RANDALL ROBINSON: Well, we had on the list the eviction of Israeli Arabs from their homes in East Jerusalem. And with respect to India, we had on our list the inability or the lack of freedom to attend school of Indians living on the rice farms in the very poorest area of India. And so we want to look at those two things.

RALPH NADER: And then, how do people - if they miss a show - how do they get the transcript?

RANDALL ROBINSON: Well, we haven’t transcribed the shows yet; but what they can do is simply pull it down from the Internet and watch it. You can watch it at any time. You can see them now. You can pull them down.

RALPH NADER: Listeners may want to go to hlrecord.org in about two weeks, where Randall Robinson has a more detailed article on “World on Trial.” That’s hlrecord, that stands for Harvard Law Record dot org. Can we turn to another article you wrote and has been published in the Harvard Law Record on corporatization of prisons? I want to put this very, very pointedly here. How did we ever constitutionally allow giant commercial prison companies that are listed on the New York Stock Exchange to own prisons that have inmates that were convicted presumably under our criminal laws? And these private prisons can actually punish prisoners? They’re making profit. They can throw them into solitary confinement, which often extends their term and allows the prison companies to make more money. Has there been a Constitutional challenge? And give us the names of these corporate prisons and how many prisons there are in the country, and how many prisoners are under their control.

RANDALL ROBINSON: Well, the major owners are GEO and Corrections Corporation of America. Together, those enjoy - those two corporations with many prisons around the country - enjoy revenues of some $3.3 billion a year. And the Corrections Corporation of America will avoid $70 million in tax payments by becoming a real estate investment trust. And the interesting connection here is that Hillary Clinton had gotten significant contributions from both of these companies. And going back to Bill Clinton’s administration, the sort of pipeline to these prisons was facilitated by the Clinton Administration’s three strikes and you’re out. And so when the legislation on the punishment side laid out that crack cocaine was going to require a punishment a hundred times that of powder cocaine, it meant that you had a disproportionate number of blacks from black communities going to jail for nonviolent offenses.

RALPH NADER: Explain “three strikes and you’re out,” Randall.

RANDALL ROBINSON: Well, if you had three infractions, and Hillary - I think I have something here that Hillary Clinton said… she said - this was in 1994, and she said, “We need more police, we need more and tougher prison sentences for repeat offenders. The three strikes and you’re out for violent offenders has to be part of the plan. We need more prisons to keep violent offenders for as long as it takes to keep them off the streets.” But the reach of the Clinton Administration and President Bill Clinton went much further than that. They were putting people in prison, disproportionately blacks, for minor offenses. And the real authority in America on this is Michelle Alexander, a law professor at Ohio State Law School, who has written The New Jim Crow, a wonderful book. And what is remarkable here is that she’s virtually been excluded from public discussion about this. She is compelling, authoritative, scholarly. And I haven’t seen her on CNN, I haven’t seen her on Fox, I haven’t seen her anywhere, and there should be a demand. She has written a piece saying that Hillary Clinton does not deserve black support for her role in all of this.

RALPH NADER: That was in The Nation magazine very recently. Very powerful.

RANDALL ROBINSON: Yes, that’s exactly right.

RALPH NADER: Yes. Michelle Alexander.

RANDALL ROBINSON: Michelle Alexander of Ohio State, who’s written The New Jim Crow. And she should be everywhere, and she has been nowhere. And one almost has to suspect that this is orchestrated. And I really don’t understand how you could have a panel or discussion without her involvement if there’s any search for truth at all.

RALPH NADER: She should be in South Carolina. She should be in Nevada. She should be everywhere. It’s a wonder to me.

RANDALL ROBINSON: That’s right. Absolutely.

RALPH NADER: The book she wrote, The New Jim Crow, was well reviewed - even in the New York Times - and it was a modest best seller. But suddenly, a curtain of censorship has covered her work.

RANDALL ROBINSON: I really think that listeners to your program have to call the networks and demand that we hear her voice, too. This is a shame. And it’s this side of the Clintons that I think blacks in South Carolina don’t know about.

RALPH NADER: Tell me, Randall Robinson, when did she get the campaign contributions from the two corporate prison corporations? When she was a U.S. senator, or she’s getting it now as a presidential candidate, Hillary Clinton?

RANDALL ROBINSON: She’s getting it now. She was forced, pressured to return some of the contributions, and she “returned,” - and it has to be placed in quotation marks - in the form of contributions of philanthropic contributions for which she got public credit. She did not return the money back to the two major corporations that gave her the money.

RALPH NADER: You say in your article in the Harvard Law Record, now I’m quoting you, quote, “The laws that made the sentences for crack cocaine use literally a hundred times harsher than the sentences for powder cocaine use mock the most basic precepts of equal justice, since the former tends to be used by the urban poor and the latter by suburbanites. And the resultant throwing of more than a million black fathers, mothers, sons and daughters in jail since the 1990’s for the types of infractions for which many whites go free has wreaked havoc with families and communities throughout black America.” End quote. That’s your article in the February 4, 2016 edition of the Harvard Law Record. And the Clintons bear a serious responsibility for this, wouldn’t you say?

RANDALL ROBINSON: A serious responsibility. And she is still receiving money recently from one of the bundlers, who is putting the money together for her. Richard Sullivan of the lobbying firm Capitol Counsel is a bundler for the Clinton campaign, bringing in $44,000 in contributions in a few short months. And he still brings money in that involves money from these private prisons. Now, she was caused to rethink this thing - at least publically - because Sanders introduced legislation to outlaw private prisons to his enormous credit. And now she says she’s against private prisons. But she appears to be still taking money.

RALPH NADER: Randall Robinson, before we conclude, this point on the constitutionality of corporate prisons that the Clintons seem to have favored: how could that possibly be Constitutional? Have there been any cases filed?

RANDALL ROBINSON: Oh, it violates every notion of human rights I know anything about. First of all, these prisons are sheer lock boxes. They have guards, who are less well trained, no nothing about penology. The guards make less money. They run them as cheaply as they possibly can. The idea is to catch and house as many people as possible. The more people that get sent to prison and the longer they stay, the more money these businesspeople make. And the Clintons are connected to this.

RALPH NADER: Have there been any lawsuits filed?

RANDALL ROBINSON: I don’t know. I can’t answer that question, Ralph.

RALPH NADER: We’ve been talking with Professor Randall Robinson, who is the creator of the public television show, “World on Trial,” and has spoken out on many issues affecting the abuse of due process of human beings, and is raising the long overdue public focus on these international treaties which have the force of law in all the countries that have ratified them, and taking note that the United States has not ratified some of them, such as the one affecting discrimination against women and abuse of children. Before we close, Professor Robinson, could you just give our listeners once again the contact number so they can reach you?

RANDALL ROBINSON: I can be reached at rr@rosro.com.

RALPH NADER: And at Penn State Law School, where Professor Robinson teaches law. Thank you very much, Randall Robinson, and good luck on “World on Trial.”

RANDALL ROBINSON: Thank your Ralph, thank you so much. Take care.

RALPH NADER: Goodbye now.

STEVE SKROVAN: We’ve been speaking to distinguished author and human rights activist Randall Robinson, creator, co-producer and host of World on Trial. We will post a link to where you can see this program on the Ralph Nader Radio Hour website. Now we’re going to take a short break to find out who our corporate crime reporter, Russell Mohkiber, has in the crosshairs today. You are listening to the Ralph Nader Radio Hour. Back after this.

RUSSELL MOHKIBER: From the National Press Building in Washington DC, this is your corporate crime reporter morning minute for Friday, February 19, 2016. I’m Russell Mohkiber. In September, Deputy Attorney General Sally Yates announced that to be eligible for cooperation credit, a corporation must identify all individuals involved or responsible for the misconduct at issue. The Yates memo was praised as a step forward in cracking down on corporate crime. In fact, it may be a step
backward. That’s according to two University of California Davis law professors, Elizabeth Joh and Thomas Joo. In some cases, the new cooperation policy’s emphasis on individual prosecutions could itself result in leniency. Prosecutors may award extensively generous credit to corporations in order to build cases against individuals. They write that the all or nothing approach to cooperation may backfire, because it not only allows a corporation to choose nothing, but may encourage that choice. For the Corporate Crime Reporter, I’m Russell Mohkiber.

DAVID FELDMAN: Thank you, Russell. Before we get to our next guest, Ralph, we would be remiss if we didn’t get your take on the death of Supreme Court Justice Antonin Scalia, and the fight ahead to fill his vacancy on the Court.

RALPH NADER: There’s no doubt that Antonin Scalia made people think, even though a lot of liberals and progressives think he was wrong on many judicial issues in his opinions, which mostly were dissents. His most prominent work on the Court he couldn’t get a majority on a lot of the cases. But the one where he got a majority, 5-4, selected, unlawfully - in my opinion and in the opinion of a lot of other lawyers - George W. Bush as President in 2000 A.D. out of Florida. That opinion was so blatantly political that it even admitted that it was a unique case, which would have no precedential value in the future. I don’t know any Supreme Court decision that’s ever said that. And it stopped the Florida Supreme Court order to conduct a full voter recount in the contest between Gore and Bush. And here is Justice Scalia saying again and again on CSPAN and elsewhere that he wanted judicial restraint. He did not want nine unelected lawyers on the Supreme Court to flout the will of the people, meaning to overturn statutes that they normatively didn’t like. And yet he was the lead architect of the most extreme display of judicial activism. Somebody once called it a corporate coup d’etat. Someone else called it a judicial coup d’etat that selected George W. Bush as President in a 5-4 decision. Flimsy reasoning. Blatant politics. So blatant that when later Justice Scalia was asked about “Bush versus Gore” on national television, he said in an unlearned manner, “Get over it.” Those were his words, quote, “Get over it.” End quote. He is a jurist that was a very good writer, and he had biting wit. He made people laugh. He went around the country speaking, giving often political opinions. But as Justice Richard Posner of the Federal Circuit Court based in Chicago wrote: he was inconsistent in his judicial thinking.

DAVID FELDMAN: I have one quick stupid question. Is it in the Constitution that you have to have an odd number of justices on the Supreme Court?

RALPH NADER: No, it is not.

DAVID FELDMAN: And there’s no specific number that we have to have on the Supreme Court? I mean theoretically, Barack Obama doesn’t have to name a new Supreme Court justice, right?

RALPH NADER: He’s not required to in terms of any enforceable law. And when Franklin Delano Roosevelt wanted to get the Supreme Court to go his way on some critical Depression-era legislation that he wanted upheld in the 1930’s, he wanted to add several justices to increase the number of justices on the Supreme Court so a majority would vote to uphold the constitutionality of his enacted legislation. So it could be done by legislation. There’s no constitutionally required number of justices.

DAVID FELDMAN: If there were an equal number of justices and they couldn’t gain a consensus, it would go back to the appeals courts or back, depending on what the case was, right?

RALPH NADER: It would simply affirm the Circuit Court of Appeal decision.

STEVE SKROVAN: So Ralph, how do you think this is all going to play out?

RALPH NADER: It’s clear that I would guess in the next three weeks President Obama will send the most likely to be confirmed replacement for Justice Scalia, and then there’s going to be a royal political battle between the Majority Leader Senator McConnell and the Republicans in the Senate and President Obama. I think what’s going to decide it is what kind of polls come out in terms of whether the intransigence and delay of the Senate will harm the reelection prospects of some Republican Senators around the country, and therefore turn the Senate over to Democratic Party hands in 2016.

DAVID FELDMAN: Very quickly, if it becomes Bernie Sanders versus Trump, will Scalia be right that the free market of ideas dictates that Citizens United is overturned just by the force of will of the American people?

RALPH NADER: Well, that would be the case in the proposed victory of Bernie Sanders, because he’s raised tens of millions of dollars not from corporate sources - he refuses to have a corporate-funded PAC - but from ordinary people. And the average contribution is $27, a marvelous example that rebuts the Democrats over the years saying, “Yeah, we’re for campaign finance reform, but this time, in this election, we are not going to unilaterally disarm.” Well, Bernie Sanders has unilaterally disarmed from the corporate plutocracy and is raising tens of millions of dollars to take his campaign all over the country. That alone is a major contribution breakthrough by Bernie Sanders, Senator from Vermont.

DAVID FELDMAN: And if Trump gets the nomination: that would speak to Citizens United also being irrelevant in the general election?

RALPH NADER: In a quite different way, namely that what Donald Trump would have proved is a multi-billionaire can fund his own campaign. That’s not the kind of demonstration we’re looking for. We’re looking for the smaller contributions in great volume voluntarily given by the voters and citizens of this country to a candidate.

DAVID FELDMAN: So there might be another way of getting money out of politics without a constitutional amendment to overturn Citizens United. That is what Scalia kind of suggested, right?

RALPH NADER: Well, he did, but you know, a Bernie Sanders doesn’t come around very often. And how about all the Senate seats, the House seats, the governor seats, the state legislator seats where you couldn’t pull it off so uniformly and in such a widespread manner to circumvent the impact of Citizens United the way Bernie Sanders has. So we shouldn’t take Bernie Sanders as the wave of the future.

DAVID FELDMAN: Did you ever meet him (Scalia), Ralph? Did you ever talk to him?

RALPH NADER: I’ve talked to him on the phone, yeah. I’m going to write a column on this.

DAVID FELDMAN: Were you humbled by him?

RALPH NADER: Not at all, because he came out wrong in so many ways. So a brilliant light that brings on hell is not a brilliant light to be commended.

STEVE SKROVAN: Well, excellent discussion about Antonin Scalia. Now I’m going to switch gears here. And we’ve talked a lot on this program about access to medicines and the price of medicines from a doctor’s point of view, with Dr. Sid Wolfe and Michael Carome of Public Citizen. Today, we’re going to go at it from a legal point of view. Professor William M. Janssen has been on the faculty of the Charleston School of Law since 2006 after a lengthy private practice, where he concentrated his practice in pharmaceutical, medical device and mass torts defense and risk containment. In practice, he was involved in several high profile drug and device cases, including the national diet drug fen-phen litigations. He has spoken and written extensively on pharmaceutical and medical device law, and he is here to talk to us about a paper he has written for the Social Science Research Network that argues that pharmaceutical companies have a duty to continue selling their life-saving medicines, despite economic forces that may induce them to take the drugs off the market. Welcome to the Ralph Nader Radio Hour, Professor William Janssen.

WILLIAM JANSSEN: Thank you. It’s a pleasure to join you.

RALPH NADER: Thank you very much, Professor Janssen. This affects millions of people, what you’re going to hear in the next fifteen, twenty minutes. Please listen carefully, because it does require a little concentration. Let me just put it in two human-interest cases. Case one is where a drug company is selling you a medicine that’s critical for your survival, and they’re making good profit, and likely they might have benefited from taxpayer funded research and development given to them free by the National Institutes of Health. Then, suddenly there are shortages that appear. And your doctor cannot get the medicines to fulfill your prescription, and your life is endangered. Does the drug company have a duty to continue selling you these medicines? And if they are negligently not doing so and a shortage occurs, should they be exposed to a tort-based lawsuit for damages? The second case has been coming up more frequently. There are a lot of deadly diseases that are inviting the sale of monopolized or patented drugs. So a person has a serious disease. He has been buying a drug under a monopoly patent to help him survive - or help her survive - and suddenly the price of the drug goes from say $13 to $750 per pill. And the person cannot afford it. The insurance cannot cover it. And let’s say, hypothetically, the patient dies. Is there a lawsuit that the estate can bring against the drug company? Because there’s no other drug that the doctor of the hospital or the patient can resort to, because it’s a monopoly patented drug. This is the kind of thoughtful analysis Professor Janssen is engaging in. And so, discuss for our listeners the first issue under your article, “A” quote “Duty” quote “to Continue Selling Medicines.” And if there isn’t a common law duty, what kind of legislation you’re proposing? So make it as clear as possible what’s at stake here. And it’s only going to get worse. This is a problem that’s getting worse. Shortages are increasing in a lot of areas, and monopoly drugs are being hiked to astronomical levels in the U.S., although not in other countries which don’t allow this to happen.
WILLIAM JANSSEN: Well, Ralph, it’s interesting. The data suggest that we’re doing a lot better on shortages and constraining shortages. The RDA was tasked by Congress to give an annual report to the nation on drug shortages that have been identified and those that have been averted. And from 2011 - sort of the high water mark in the data that was reported nationally - the shortages were 251 drugs, and the shortages averted were 191. By 2014, which is the last year that that data has been reported for, the shortage number dropped from 251 during that year to 44. So nationally, that data suggests that the incidents of drug shortages are declining. But to sort of frame the question that you posed, there is a right on behalf of any manufacturer of any product not to enter the market at all. You can choose not to sell a chair, a table, an automobile, what have you. The question this implicates and is very interesting intellectually to me, is do you have a right to exit once you’ve entered? So think about a very traditional, commonplace product, windshield wipers. If there’s a shortage of windshield wipers, and particularly the windshield wipers that fit on my car, and I go out and drive in the rain and I get into an automobile accident, I’m hard pressed under the laws that currently exist to sue the manufacturer for not having a good supply. It’s - it is a shortfall that is significantly impacting me. And were my conduct - my driving -to have injured somebody else or caused other sorts of loss, it wouldn’t be the manufacturer’s responsibility - because it was in a shortfall position - to compensate me or anyone that I’ve injured. The question here is: are drugs, pharmaceuticals, medicines, a different horse entirely? Does that or ought that to command a different answer? In my research, what I’ve discovered is that over the years, there have been ten different candidates for trying to argue that the law ought to impose that duty, that a manufacturer - once it begins the process of making a pharmaceutical - has an obligation to remain in that market. Ten different theories I’ve examined for whether or not it exists. And Ralph, my conclusion is the law simply - no matter how reinvented, how creative, how boundary pressing a lawyer tries to move the needle in that debate - the existing panoply of laws out there don’t do that job. And the question, you know, you think about traditionally products liability asks this question. If you’re - the product manufacturer - is held to account, the plaintiff is suing the product manufacturer, distilled to its essence, that claim is this: “you injured me by selling me a product that was defective, and the defect in your product harmed me.” In this environment, what the plaintiff is saying is, “you injured me by not selling me a good product that could have helped me.” Or maybe a little more precisely, “you injured me by negligently failing to protect your ability to sell me a good product that could have helped me.” And my findings are that the existing body of law out there does not impose that duty on manufacturers. And given the way the law has developed in those ten areas that I examined, it shouldn’t. That law is stable body of law, and it points in the other direction.

RALPH NADER: Let me interrupt you here. It’s good that the shortages are declining, but remember, 80 percent of the ingredients in medicines sold in the United States come from India and China, and you have to be very careful of those country’s bollixing things up for either political or managerial reasons and creating shortages. But I meant to say more specifically that the monopoly patent one, which we will discuss, seems to be increasing, because so far, they’ve gotten away with increases in drugs without adding any innovation. They just buy a company that’s selling a drug - say for ten bucks a pill - and they take it to hundreds of dollars a pill. But let me ask you this. You remember the Good Samaritan laws, Professor Janssen? These are laws

WILLIAM JANSSEN: I do.

RALPH NADER: Yes. These are laws that basically say, ‘if somebody’s injured and is on the side of the road and a doctor is driving by, and voluntarily gets out of the car to help the injured person, that if that doctor helps in an incompetent and negligent way, he or she should not be held liable under the Good Samaritan laws.” But that took a statute to override a common law duty that if you do volunteer to help somebody and you do it in a dangerously incompetent way, you could be held liable. How do you distinguish the common law prior to the Good Samaritan laws in that case from what you’ve just said about the drug companies?

WILLIAM JANSSEN: Ralph, it’s a wonderful example. And the distinction is here: The common law to which you refer has always held a volunteer liable in those situations, but only if the volunteer made the person worse. It had to have made the person who is the object of the rescue worse off. And what the case law is doing in the area that we are speaking of today, they are examining the person as someone suffering from a disease who presents in that position before he or she is ever encountered by the medicine supplier. So the question then would ask, there would be liability under a negligence theory, if the provider makes the person worse off than they would have been had they never gotten the medicine in the first place. In other words, had the medicine not even been invented, are they worse off? And if you assess the question from that calculus, it leads to the answer that liability is missing.

RALPH NADER: Interesting, because in the Good Samaritan situation, it’s a volunteer. The person rushing to the rescue is not there to make a profit. In your cases, these companies are there to make
a profit. But what about another theory, which is dependence? They sell the drug to an ailing patient year after year, and suddenly there is a negligent shortage and the drug is not available. And the health of the patient deteriorates and there’s no other drug that could replace the drug that is the subject of the shortage. What about induced dependency based on a profit motive?

WILLIAM JANSSEN: Another great example. I think, Ralph, the response that the law, the existing law now is what we’re speaking of. The existing law’s response to that question is the dependency very well may have been induced, but it didn’t change the patient’s perspective had the drug not been available in the first place. So in other words, there may have been a dependency because the manufacturer supplied something that was of value but that wouldn’t compel under the existing law the manufacturer to remain in the business of producing it.

RALPH NADER: So this is why you are proposing legislation, because normatively you think there should be a duty. Explain the legislation you would like to have enacted by Congress or a state legislature.

WILLIAM JANSSEN: Sure. Well, so the frustration that I found in researching this article, Ralph, was this: I don’t like the answer - the answer that says the law provides no remedy. Now, I’m focused less on providing a compensatory remedy than in injunctive one or a prospective one. So it would be a secondary focus of mine to say the injured person - or excuse me - the patient who is treating on the drug or pharmaceutical ought to be compensated for a period of time that the shortage persisted and caused them a challenge or - in terribly serious cases - death. And more - my focus is more on what do we do to remediate the shortage in the first instance? So thinking less about compensation and more from a perspective focal point, how do we stop it from happening in the first place? Or how do we incentivize better behavior in the first place? So my suggestion is: motivate it by achieving a number of different goals. It seems to me that our first goal, our highest goal, is better medicine, better delivery of medical care to patients who desperately need it, and particularly when you’re dealing with the type of shortages that the law has encountered here, you’re dealing with very high end, very sophisticated recombinant DNA manufactured pharmaceuticals. I mean, these are the outer marker, the boundaries of science and medicine at the moment. You’re dealing with really sophisticated things. So the fact that we’re making such remarkable progress in so many of these boundary-pressing medicines to treat calamitous diseases, we ought to be doing what we can to incentivize better and uninterrupted supply paths. Secondly, it seems to me our goal has to be - in whatever choice is made - to not disincentivize innovation. The United States has long been the absolute cauldron for the development of dramatic medical inventions and developments of great new in the treatment of very serious, very confounding illnesses. And what we want to do is never disincentivize with whatever solution we design, a path that causes that development to cease or to migrate away from diseases impacting small population. With the last few pieces, we also want to respect the investment that’s being made. And finally, we want to avoid imposing liability on someone where it doesn’t belong.
So my solution is this, my recommendation is this: First, that the FDA be empowered to install a timetable for a resolution of a shortfall. So they identify a shortfall, and they erect a timetable that says we need to resolve this by this day. Secondly, the incumbent manufacturer has a choice. It can endeavor to resolve that shortfall, or alternatively, it can pass, but it has the right to pass. Third, the FDA then, if the incumbent decides to remediate the shortfall, the incumbent has to do so within a time period set by the FDA, either itself or through a sub-license, and if the incumbent refuses to do it, can’t do it, can’t meet the timeframe, Ralph, I would empower the FDA to alternatively source the product - that they could nominate another source for the production of that medicine. That new provider would be incentivized with a period of exclusivity to do it. And then during that period of exclusivity they would be the sole manufacturer of that product. When the incumbent is ready to return to the market, if they ever do, they become companions with the alternative source. And I think that incentive, that power invested in the FDA to find an alternative source, provides a level of motivation and incentive that doesn’t now exist to remediate shortfalls.

RALPH NADER: We’ve been talking with Professor William Janssen, Professor of Law at Charleston School of Law, and if you want to know more about his proposal and his analysis, go to his article in the American Journal of Law and Medicine. It came out in 2014 at the Boston University School of Law. Let’s conclude in the final minutes, Professor Janssen, with my second. Let’s say you have a relative who has a serious illness. There’s only one drug that can keep that relative alive. That drug is under a 15-year monopoly patent by a drug company. The price of the pill every day is, say, ten dollars. The drug company then sells itself to another company and without any additional improvement or research, the acquiring company raises the price to your relative from ten dollars to a thousand dollars a day pill. You can’t afford it. The insurance won’t cover it. You’re facing death. Is there a duty here under the law of torts incumbent on the drug company?

WILLIAM JANSSEN: Ralph, I think the answer is no.

RALPH NADER: And there’s no other drug that can deal with it in the world.

WILLIAM JANSSEN: There is no current constraint of which I’m aware that says that a drug manufacturer has to be pricing a product like that in any particular way. Obviously, as we saw in the instance that you’re probably inferring (the Martin Shkreli case), the pressures of the market and the pressures of publicity drove that price hike down dramatically. It may also be that the federal government has a role to play there in an informal way, communicating with that drug manufacturer with respect to product supply. But at the end of the day, the price-setting role by the manufacturer remains the province of the manufacturer. And there is no - of which I’m aware - there is no rule in the law of tort that would affix liability there.

RALPH NADER: Well, there’s no rule of reason here, according to what you say. Unfortunately, I don’t have any more time to disagree with you, Professor Janssen. But I hope if you’re up in the New England area you’ll visit the first and only law museum in the world, the American Museum of Tort Law in Winsted, Connecticut. Again, how would our listeners get in touch with you, before we conclude?

WILLIAM JANSSEN: Ralph, I thank you very much for having me. My email address is wjanssen@charlestonlaw.edu.

RALPH NADER: Thank you very much, Professor Janssen.

WILLIAM JANSSEN: It’s been my pleasure, Ralph. Thank you.

RALPH NADER: You’re welcome.

STEVE SKROVAN: We’ve been speaking with Professor of Law William Janssen. His paper is entitled, “The Duty to Continue Selling Medicines.” We’ll post a link on our Ralph Nader Radio website to that. And that’s our show. I’m sorry we didn’t get to listener questions today. We’ll try to do that next week. I want to thank our guests, author and activist Randall Robinson, host of “World on Trial,” and Professor of Law William Janssen, author of “The Duty to Continue Selling Medicines.” We’ll post links to all of the relevant material on the Ralph Nader Radio Hour website. And a transcript of this episode will be posted there too. For Ralph’s weekly blog, go to Nader.org. For more from Russell Mohkiber, go to CorporateCrimeReporter.com. Remember to visit the country’s only law museum, the American Museum of Tort Law in Winsted, Connecticut. Go to TortMuseum.org. The producers of the Ralph Nader Radio Hour are Jimmy Lee Wirt and Matthew Marran. Our Executive Producer is Alan Minsky. Our theme music, “Stand Up, Rise Up” was written and performed by Kemp Harris. On behalf of David Feldman, I’m Steve Skrovan. Join us next week on the Ralph Nader Radio Hour. Talk to you then, Ralph.

RALPH NADER: Thank you very much Steve and David. Thank our listeners. Remember, contact public television in your area about Randall Robinson’s brilliant new program, “World on Trial.”
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Re: Ralph Nader Radio Hour

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Part 1 of 2

RALPH NADER RADIO HOUR EPISODE 102: Denis Hayes, Nicholas Kachman
February 27, 2016

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Renowned environmentalist, Denis Hayes, talks to us about how we should reduce our meat consumption for the good of the planet, while former General Motors exec, Nicholas Kachman, tells us the real cause of GM’s 2008 bankruptcy and also discusses with Ralph how GM should have been a good corporate citizen and warned the people of Flint about the lead in the water. Plus, Ralph grills David about – of all things – music.

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Denis Hayes

Denis Hayes helped launch the modern environmental movement as national coordinator of the first Earth Day in 1970. Mr. Hayes has been the president of an environmental foundation , an environmental attorney, professor of engineering at Stanford, a grassroots organizer, a national environmental lobbyist, and a senior fellow at the Worldwatch Institute. And that’s just a small sampling of his credits in this field. “Time” magazine selected him as one of its 100 “Heroes for the Planet.” His latest work, written with Gail Boyer Hayes, is Cowed: The Hidden Impact of 93 Million Cows on America’s Health, Economy, Politics and Culture.

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Nick Kachman

Nicholas Kachman was an executive at GM from 1957 to 1993, mainly working as a corporate environmental engineer. When General Motors filed for bankruptcy in 2008, there were a lot of excuses given and a lot of fingers pointed at the usual suspects: overwhelming healthcare costs, unreasonable union demands, too much government regulation, and poorly designed cars. Mr. Kachman points to an entirely different reason for the 2008 bankruptcy that led to an enormous taxpayer bailout. He focuses on a long-term strategic decision by corporate management that turned into a financial debacle that still burdens the company today. That decision was called “The Paint Plan.” His book is entitled GM – Paint It Red: Inside General Motors’ Culture of Failure.

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RALPH NADER RADIO HOUR EP 102: Denis Hayes; Nicholas Kachman, Russell Mohkiber

ANNOUNCER: From the KPFK studios in Southern California, it’s the Ralph Nader Radio Hour.

STEVE SKROVAN: Welcome to the Ralph Nader Radio Hour. My name is Steve Skrovan, with my cohost, David Feldman. Hello, David. How are you?

DAVID FELDMAN: This is going to be a really interesting show. Really interesting.

STEVE SKROVAN: And the man of the hour, the reason we’re all here, Ralph Nader. Hello, Ralph.

RALPH NADER: Hello Steve and David. Yes, it is going to be a very unique show.

STEVE SKROVAN: And I understand you have a new segment you want to spring on us later in the show.

RALPH NADER: Yeah, I’m going to ask exactly the obvious question that’s never asked, and you don’t know what it is, Steve or David, but we’ll take it from there.

STEVE SKROVAN: That’s correct, OK. But before we do that, I just want to say we could entitle today’s show, Cars and Cows, because that’s what we’re going to be talking about today. In the second half of the show, we’re going to be discussing Ralph’s favorite nemesis, General Motors, the company that never learns, apparently. Author Nicholas Kachman’s expose of the hundred billion dollar boondoggle behind the GM bankruptcy is called GM – Paint It Red: Inside General Motors’ Culture of Failure. And this is inside, behind the scenes stuff that nobody really knows about, and that’s why you listen to this show. We’ll also be checking in as usual with Russell Mohkiber, the Ellery Queen of the corporate crime beat. But before we get to that, we’ve had a number of listener questions recently, ones that we actually haven’t gotten to yet. These listeners want to know about animal, agriculture, meat consumption and the hazards these activities may pose to our environment. And if you’ve written to us about that, listen closely, because our next guest may have some answers for you. David?

DAVID FELDMAN: Steve, this is our what, 102nd show?

STEVE SKROVAN: That is correct, sir.

DAVID FELDMAN: And did you ever think you and I could have the moral high ground above Ralph Nader?

STEVE SKROVAN: I did not.

DAVID FELDMAN: Are you a vegetarian, Steve Skrovan?

STEVE SKROVAN: I am a vegetarian, yes.

DAVID FELDMAN: Uh huh. Am I a vegetarian?

STEVE SKROVAN: You are a vegetarian, yes.

DAVID FELDMAN: Our guest today is Denis Hayes. He, along with Gail Boyer Hayes has written a book entitled, “Cowed: The Hidden Impact of 93 Million Cows on America’s Health, Economy, Politics and Culture.” Time Magazine selected him as one of its one hundred heroes for the planet. Denis Hayes helped launch the modern environmental movement as National Coordinator of the first Earth Day in 1970. Mr. Hayes has been the president of an environmental foundation, an environmental attorney, Professor of Engineering at Stanford, a grassroots organizer, a national environmental lobbyist, and a senior fellow at the Worldwatch Institute. Welcome to the Ralph Nader Radio Hour, Denis Hayes.

DENIS HAYES: Well, I’m just delighted to be here.

RALPH NADER: Thank you, Denis. I first met Denis in 1970 after Senator Gaylord Nelson and others proposed Earth Day, and Denis was the main honcho, a tall, lanky, earnest young man who exuded seriousness and had considerable managerial skills. I remember that, Denis. There were fifteen hundred events at fifteen hundred campuses for starters, and as you remember, the Earth Day event made the cover of Time and Newsweek, which was a bigger deal then than now, and put the environmental issue on the map, from which it has never receded. So let’s get to this book that you all wrote. Can you just lay out for our listeners, who are oriented to be active, not just to be informed, the thesis of the book?

DENIS HAYES: Well, the thesis is that we really underestimate the impact of cows on the United States. In fact, we did this little informal poll where we would ask people, other than human beings, what are the most important animals in the United States? And people would say dogs and cats and horses. It just, things that made no sense at all. If you look at the 93 million cows, from the founding of the colonies in North America on through to today, they would be United Van Lines for western expansion, Paul Bunyan had Babe the Blue Ox. In a very un-environmental way, they clearcut all of the forests around the Great Lakes. They plowed our fields, provided milk, provided meat, provided leather, provided all kinds of things. Massive impacts upon our culture and economy, and are pretty much underappreciated. And in the process of that, I guess - and this is awfully long for a thesis - we have been treating them abysmally in vast confined animal feeding operations where they are surrounded by disease and just treated brutally like cogs in a vast industrial machine. Our hope is to create basically a consumer movement around - vegetarian would be fabulous, but America’s vegetarians now are less than five percent of the population. The other 95 percent, if they could really reduce their beef consumption by 50 percent, causing that herd to go down to like 45 million, entirely grass fed, grass finished and organic, it would solve a vast array of environmental problems, boost human health, and make the economy more prosperous.

RALPH NADER: Denis, I don’t think people would be surprised to learn that there are more cows in the U.S. than domesticated dogs. And of course, more cows than domesticated cats.

DENIS HAYES: If you do it pound for pound, there’s very substantially more cow than people. We have more cow than humans.

RALPH NADER: What’s the average weight of an adult cow?

DENIS HAYES: Well, it depends on the breed, but anywhere from 1,200 pounds to 16, 1,700 pounds.

RALPH NADER: There you are. The interesting thing about the way we view cows is with massive urbanization, people grow up knowing very little about cows. I mean, they know that cows - when they drive by cow country - seem to always have their heads downward, eating whatever they can eat and that they moo, and they’re popular in children’s animal books. But now that we are much more aware of the environmental impact of cows - granted their history as you narrated - they were extremely important in the development of what is now called the United States and its economy in many ways. Give us a thumbnail sketch of the environmental impact of cows such as methane and other ways they are inadvertently damaging our ecology at a very serious level. And this occurs worldwide.

DENIS HAYES: Sure. In fact, one of the things that caused us to write the book is when we were young and we would drive through what you characterized as cow country, you saw cows. By and large today, Americans can go on for months and months without ever seeing a cow, because they tend to be off in remote areas in gigantic facilities that have an enormous amount of odor, and they’re pretty ugly to look at, and so they are placed where we don’t encounter cows except in idealized renderings on the outsides of milk cartons and things. The environmental problems associated with them can go throughout the entire cow’s life, from a vast amount of the American Midwest that is devoted to growing number two dent corn for cows, an absolutely terrible food for cows. It’s like putting your children on a 100 percent diet of Halloween candy. And the whole purpose is to fatten them up, because fat beef is the highest rated beef by the Department of Agriculture called “marbled.” That’s from fattening, but that’s what it is on through. Those feedlots have to do something with all of the manure that they generate. And by and large, it is the largest really uncontrolled source of water pollution in the United States, bigger than the amount of human excretive that goes through sewage treatment facilities. And these CAFOs, it’s disrupting to what is poetically called a lagoon. But this is not a tropical South Sea island lagoon, this is an absolutely horrible pit full of cow excretive. And almost all of them eventually leak down into the groundwater. As the poop in the lagoons is digested anaerobically by little microorganisms, it gives off methane, and also the same microorganisms in the cow’s guts give off methane that it releases in a series of belches. And methane is, of course, a hugely powerful greenhouse gas. So the cattle industry has its own negative impacts upon the world’s climate. At the same time, cows are pretty destructive of the soil, the way that we are currently grass feeding them. I mean, there are wonderful ways that have been pioneered by a lot of good people that we write about in the book dealing with intensive locational grazing, which actually increases carbon sequestration and makes the soils much healthier and makes the cows much healthier. But we have an awful lot of people on land that should not be supporting cows, and what it’s doing is causing massive corrosion and then the erosion, the carbon that has been sequestered in the soil is released into the atmosphere.

RALPH NADER: How does this compare to pigs, the damage of, you know, tens of millions of pigs? Did you ever go into that area?

DENIS HAYES: You know, that’s a really interesting question. And when one talks about meat, one shouldn’t ignore pigs and chickens and fish and what have you. But you have reached outside the zone in which I can comment comfortably. I haven’t done a comparative analysis of the pigs versus cows.

RALPH NADER: It does seem, however, that they both have one thing in common, that is, industrial agriculture. That is, they’re kept in very, very close confinement. Give us a description of what life is like for a cow in close confinement, if you could. Because this is an area where empathy really is needed. And you know, when you talk about the way pigs are confined, they can hardly turn around. They literally can hardly turn around, they’re packed so tightly together. Give me a description of cows, and then describe the slaughtering process.

DENIS HAYES: OK. Cows typically are able to turn around. They are not as tightly confined as often chickens are and pigs are, but they are in very unsanitary conditions, often up to their hocks in manure. And they don’t have the ability to go out and do what their ancestors biologically were programmed to do, which is get out and roam over the fields and eat grass. They are in these operations where there’s very little exercise. The whole purpose of it is to fatten them. They are fed prophylactically antibiotics, because there’s so much disease there that they’re trying to make sure that they don’t catch, so they give it to them before they’re sick. But antibiotics for cows, as well as for people, make you fat. So giving them the antibiotics is part of the fattening process. Technically, it’s now illegal to give them antibiotics to fatten them, so everybody says well, we’re giving them to them prophylactically so they can avoid the diseases, but the impact is still the same. And those antibiotics are creating a huge number of antibiotic resistant diseases. Eighty percent of antibiotics are now given prophylactically to farm animals, principally cows, and as a result a lot of things that infect people are not responding to antibiotics anymore.

RALPH NADER: Do you know roughly how much of the antibiotics that people ingest, first through prescriptions but also indirectly by eating beef, for example, is there any data on that, Denis? We’re talking to Denis Hayes now, the author, with his spouse, of a terrific book on cows, the history of cows and the present impact of cows on our environment and on our diet. How about the absorptive capacity of people from eating beef that comes from cows that have been heavily fed, perhaps daily, prophylactically as you said, it’s right in their meal, these antibiotics?

DENIS HAYES: The really big danger is the creation of the antibiotic resistant microorganisms that then get passed from the cows to the people. It’s less of a problem that the antibiotics being in the meat and then being ingested by people. But the problem is just enormous. In the course of researching the book, interestingly, completely unrelated to the research, I contracted MRSA. I had this infection in my arm that just started getting - you know first - the size of a ping pong ball and then a golf ball and then a hardball. And we used an antibiotic. It didn’t work. Another one: didn’t work. Another one: it didn’t work. Another one: it didn’t work. It was my sixth antibiotic that finally cured the disease. By the time that got there, I was starting to get pretty damned concerned. I think there is a very real chance that one of the plagues that is coming toward us in the future will be a completely antibiotic resistant bacterium that could have catastrophic consequences for people. And the thing behind all of that will have been our vast abusive use of antibiotics with livestock.

RALPH NADER: Well, if anybody thinks, in our listening audience, that this is a generalization, the medical literature estimates that at least 100,000 people a year in the United States, that’s 2,000 a week on the average, die from the adverse effects of drugs. And a good part of that is an overdose by doctors’ prescriptions and often patient demand of antibiotics, when they’re not even needed. I mean people have colds, if they have viruses as a source of their colds, antibiotics do nothing for them. It’s only if their cold is bacteria-based. So we’re talking here about extremely serious things that are now occurring, that have occurred in the recent decades, not something that’s totally looming on the horizon.

DENIS HAYES: Commenting on the two topics of your program here, cows and cars, if you look at the trend lines, in very large measure because of the good work that you have been doing for so many decades, cars are getting safer than they were when you started out, and the number of deaths are going down. With antibiotics, it’s going exactly the opposite direction. The number of deaths are going up every year from antibiotic resistant diseases. There are now about half as many people die from an antibiotic resistant disease per year in the United States as cars, and that increases about 2,000 people a year, even as the decrease in cars is about, did I say thousand? Million. No, thousand. Excuse me. So those trend lines are going to be converging unless something changes in the next ten, twelve years, and we’re going to be losing more people to antibiotic resistant diseases.

RALPH NADER: This is a responsibility of the medical profession. They’ve got to get much tougher and don’t say, “Well, the patients come in and they demand, ‘give me an antibiotic, doc.’” That’s not good enough. We’ve known about this problem of antibiotic resistance for over fifty years, and the Food & Drug Administration is finally beginning to do something about it in restricting the amount of antibiotics used. Some processing plants and companies, tell us about that. It seems to be in the last couple years, Denis Hayes, some of these big processing companies are beginning to curtail the use of preventive antibiotics in the food that they feed the chickens and cows. Could you tell us something about that?

DENIS HAYES: Well, it’s coming from the grassroots. There is an increasing awareness on the part of people that the way that our agricultural system has evolved - especially over the last 25, 30 years toward increasing gigantism and concentration of power - is not producing food that is good for us. And so you see this huge movement now toward vegetarianism, toward organic products. Initially, the organic stuff was out there mostly because that was going to be good for the environment, but now we’re learning that organic food after organic food is better for us health-wise. I don’t know if you noticed, a couple weeks ago a big study showed that organic milk had 50 percent more, on average, beneficial Omega 3 fatty acids than non-organic milk. And so all of this stuff is coming up that’s affecting major food chains that are now demanding that their meats, among other things, be organic. And if you are organic, you are antibiotic free. And it’s just bubbling up. One of the great tragedies in all of this was that set of things that hit Chipotle, because it was the prime example of a restaurant that was trying to do everything right and was a huge economic success story.

RALPH NADER: Yes. And there are others that are now waking up to it. Because they know it’s good business, right?

DENIS HAYES: Yeah, exactly. And it’s not just the little elite Whole Foods. I mean, we’re seeing this in Costco, you’re even seeing it in Walmart and Safeway. They’re catering to the demands of the public. And to the extent that programs like this cause people - I mean we have this tendency, and you and I are as guilty of it as anyone - to think that the real answers to many problems are to change politics and move public policy. But we’ve been fighting on the Farm Bill now for 50 years and making relatively little progress. Whereas, this grassroots thing - operating very much like the demands for seatbelts, the demands for getting rid of smoking, the demands for all of these things that have changed because the public absolutely required it - is having that impact on our food system as well.

RALPH NADER: That’s right. When we roused the non-smokers in this country, things started to happen in all kinds of directions, and ended up with what was considered unthinkable, having the Congress give the Food & Drug Administration regulatory authority over tobacco.

DENIS HAYES: It would have been unbelievably rude for my mother not only to ask somebody not to smoke in her house, but to not provide cigarettes and ashtrays on every table.

RALPH NADER: That’s right.

DENIS HAYES: And it’s just a sea change that came. And we’re really asking for people to do the same thing, even to become a little bit obnoxious. If you’re in a restaurant, and they’re offering you beef and you’re a beef-eater, start pursuing it. Find out if it’s organic. Find out if it’s grass finished, not just grass fed. All beef is grass fed at some point in its life, and then grain finished. But if it’s grass finished. Find five or six questions: find out who the ranchers were that they’re getting their meat from and how they know that. Ask if it’s been certified for having been humanely treated by one of the better certification agencies. And if you make those kinds of demands, sooner or later the chefs start responding to that as do the grocery stores.

RALPH NADER: Exactly. It’s called inquiring consumer conversation where they go to buy things. And nobody can stop you from doing that, for heaven’s sake.

STEVE SKROVAN: Well, Mr. Hayes, I’m sorry Ralph.

RALPH NADER: Yeah, go ahead.

STEVE SKROVAN: With that in mind, and knowing all the damage this causes and knowing how personal food is to everybody, how can we morally justify eating meat at all?

DENIS HAYES: Well, that is a terrific question. We evolved as a species eating meat. There’s a fairly well developed literature that says that the human brain developed the way that it did because of the abundance of protein-rich diets. Without weighing into that one way or the other, I think the moral aspects are things that people have different moralities. And we do not eat beef ourselves, but we’re not scorning those that choose to do it. But to eat it in a form that is unhealthy for you and unhealthy for your kids and is wildly destructive of the environment makes no sense at all. So if you are going to be eating beef, reducing it dramatically – the average American now eats a little bit more than a pound a week – if that could just go down to half a pound a week, and it is that stuff that we were just talking about: It is grass finished, it is organic, it’s antibiotic free, then suddenly you’ve sparked a revolution.

STEVE SKROVAN: But isn’t that like saying, “Well, smoke filtered cigarettes,” you know? Or “Cut down to just one pack a day.”

DENIS HAYES: Yeah, it’s a slightly different issue. I mean, with cigarettes you’re saying, “Yeah, and that really didn’t do anything for your health.” With the beef, we’re saying, “Yeah, this really will do something for your health.” There’s a different question though here, about the morality of your interaction with a sentient being that even in the best of circumstances is not treated super well, and at the end of its life is going to be turned into hamburger. And there are a great many people who - again, a small percentage, but still many, many millions of people - who say, “I just do not want to be part of that system.”

STEVE SKROVAN: Right.

RALPH NADER: Not only that, it’s just not healthy. I mean, the studies are starting to pile up that a heavy meat diet is just not good. It’s not good for your cardiovascular system. It’s not good because you’re getting involuntarily a drug prescription like antibiotic residue. And of course, when we got the meat and poultry inspection bill through in the late 60’s in Congress, there’s a lot of filth involved. There’s a lot of sanitation problems, all the way from the feed lots to the supermarkets. Try to give some light on this question. What kind of reactions did you get from the farmers? I mean, you have to feel sorry for the farmers. Dairy farmers are some of the hardest working people in the world, and they don’t make all that much money. And they are threatened with loss of their business. They already have problems in terms of competing with the big guys. What kind of reaction did this book get in farm country generally, Denis Hayes?

DENIS HAYES: Well, there certainly are some folks who have been hyper critical of it, who are - if you will - the Cliven Bundy school of animal agriculture. But what we did in the book, among other things, is profile a great many dairy farmers and cattle ranchers who are doing it right. And you’re right, it’s an awful lot of hard work. But if you do it right, you can make a good, solid middle class, upper middle class living in country where it’s really very good to raise children. People are healthy and robust. And we just got person after person after person that are exemplars of almost the American dream who are making a decent living there. The interesting thing is that the grass finished beef and the organic milk costs a bit more, but they’re worth a lot more. And so if we’re going to be, and one of the questions that comes up is well, this is all fine for the elitists, but what are you going to do about the average Joe? It turns out that if some percentage of your budget is going to be going for protein in your meals, we’re eating way too much of that right now. So if you cut your consumption in half or more, and you’re paying ten percent more for the amount that you have and it’s healthier for you and for your kids, then you’re spending less money on this than you were before and you’re healthier as a consequence. On the question of farmers, we do want to say that there are a great many of them that have become actually fairly close friends of ours, and who are doing everything right. One of the interesting little things on this is that we’ve, it’s almost ironic, you know, when you get to those big feedlots, the cows have tags on their ears with barcodes on them that they literally are processed like something that’s going through an industrial facility. The farmers that were doing it right, almost without exception, gave their cows names. And that seems to have done something really important in a nudging way that changes the relationship and has them treated better and producing better products.

RALPH NADER: And what about the growing taste for bison meat and expanding bison herds? Do you think they have the same damage as cows? They have less fat, I understand.

DENIS HAYES: Bison are absolutely fabulous animals, and we are enormous fans. I will confess a few times a year we do get some bison, and it’s a wonderful meat. It has great texture, very unique kinds of flavors. These are animals that lead pretty wild lives. You do not - bison hanging around in confined animal feedlot operations. There is, even with bison, and tend not to lace them with antibiotics, they are wild critters, incredibly strong and they’ve survived for a very long time with no human intervention in the ecological cycle. Whereas, if you were to take a typical dairy cow out to the farm gate, pat her on the haunches and say, “OK Elsie, you’re on your own,” she’s got a life expectancy measurable in hours. They can’t survive.

RALPH NADER: That’s true. But as you know, Ted Turner has “bison only” restaurants around the country. And the herds - which came close to extinction because of the late 19th century slaughter of the bison by the white man - they were down to about 200 animals at one time. And now they’re in the tens of thousands, are they not?

DENIS HAYES: They are, though a lot of those tens of thousands are hybrids of bison and cows, the so-called beefalo. But Ted has a lot of pure bison in his, a little tiny thing. He’s one of my heroes and I don’t want to say something that’s critical, but in our somewhat maybe purist view, we’d love to have bison as well across the board, and the stuff that we buy is grass finished. There’s a tendency on the part of Americans to want to have a uniform taste where you know what it is that you’re going to be getting. It’s the ultimate beef meal is Black Angus that has been fed for the last couple of years on corn. And you know exactly what that taste is going to be. Whereas with wild buffalo, it’s a little bit like hundreds of different varieties of wine with different soils and different waters and different climates. The taste is different and unique. With bison, the best of them are the ones that are grass finished there as well, as opposed to those that have, some of them are uniform taste because the last several months of their lives they’re fed a corn diet.

RALPH NADER: Denis, before we conclude, give a projection in the future. Where do you think we’re going to be in about 20, 30, 40 years in terms of the consumption of beef? And to what extent is the vegetarian movement making headway by saying you can get very good protein by eating vegetables? You don’t have to eat meat to get protein.

DENIS HAYES: Yeah well, none of us have got really terrific records of projecting 30, 40 years into the future. But if you look at current trend lines, vegetarianism is picking up more and more adherence. There’s stuff going on in laboratories that I find frankly a little bit unsettling, but it’s got a lot of money behind it to grow animal protein in laboratories where you’re culturing it as blocks and you’re feeding nutrients into it, but there are no cows, there’s nothing alive that has consciousness, so there is no animal cruelty. And for some people, that gets you past the moral dimensions of it. Whether that will actually catch on or not is pretty hard to determine, but there’s a lot of academic interest and money floating in that direction. My hunch is that genuine beef consumption from cattle that are out on the range will probably endure, maybe in perpetuity, but certainly for a very long time. It really is deeply embedded in American culture. But if we could do it the way that they did it in the 1940’s, it would be infinitely healthier for people, better for the environment, and vastly better for cows than with the vast agro-industrial complexes that are now treating it like industrial cogs.
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Re: Ralph Nader Radio Hour

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RALPH NADER: How’s it going around the world? I mean, are we seeing a trend in reverse, higher beef consumption in China, for example? What’s going on in South American and India, briefly?

DENIS HAYES: Well, the quick version is that it seems - India being an exception because of the role of cows in the Hindu religion - but in much of the world, as you become wealthier, people will eat more beef. You saw that in particularly stark form as Japan got itself turned into a modern industrial state, and beef consumption just absolutely skyrocketed. And then it gets to the point where the elite begin to understand that this is really not good for them or for the environment, or for their kids, and they start weaning themselves off of it. And there tends to be this sociological pattern that people who are the trendsetters - the celebrities, the wealthy, the what have you - do something and then it becomes inexpensive enough that everybody can do it, and then they move on to something else. And that’s sort of OK, because often initially the Tesla automobiles are so expensive that only the wealthy can have them, and it’s the fourth generation that the rest of us can afford. That’s happening, I think, with regard to beef around the world. And so as countries become somewhat more wealthy, they eat more beef. As they become wealthier still, then they begin to eat less of it.

RALPH NADER: But haven’t there been epidemiological studies showing, for example, as people in Hong Kong and mainland China increase their beef consumption, their cardiovascular diseases started increasing as well?

DENIS HAYES: Absolutely. In fact, China is such a huge part of the enchilada here with regard to almost everything. There was this thing way back in 1970, where we started this interview, Ralph, where there were folks who were saying, “Yeah, there’s no population problem in China. There’s a population problem in the United States, because the Chinese just don’t consume much of anything.” To which I always used to respond, “Well, that’s fine if Chinese peasants are going to be happy to be Chinese peasants for the next ten thousand years.” But can’t we have higher aspirations for them? And man, that has been delivered with a vengeance. And the economic growth there has just been stunning. And along with it, the consumption of just damn near everything on the planet - from endangered species to beef - has been dramatically affected as a consequence. And the health of the Chinese, for all sorts of reasons, I mean air pollution, water pollution, all kinds of toxics that they’re being exposed to in their products, and beef consumption has been making them a much less healthy people than they were when they were agricultural.

RALPH NADER: Well, all I say, Denis, is viva vegetarianism. I don’t think there’s any meal that’s more delicious than a vegetarian meal using all kinds of ingredients.

DENIS HAYES: You’re right. It’s delicious food, it’s healthy food, and we should be doing it.

RALPH NADER: Listen, tell people who are really intrigued by what you’ve been saying in this interview how they can reach you. Is there a movement? Is there a website? And anything you can tell them that would get them engaged. We’re talking with Denis Hayes, who is the CEO of the Bullitt Foundation in Seattle, Washington, a foundation heavily into environmental activities. Go ahead, Denis, tell people how they can connect.

DENIS HAYES: For me, it’s been through the website at bullitt.org. It’s not like the National Rifle Association’s bullet, it’s like the old Steve McQueen movie “Bullitt.” And for activism in this, being involved with the Environmental Working Group, which has been just a fabulous advocacy organization working on these issues on Capitol Hill, and the various kinds of public health organizations across the country all have things that are related to this, as well. And I would be killed by my wife and coauthor if I didn’t put in a plug for - buy Cowed - which really does have a wealth of information on one: what is going on, and two: what you can do about it. But the most important things, frankly, is we’ve just been butting our heads against agribusiness on the farm bill now for decades and decades. There are ways that they can stop us until we get campaign finance reform and a few other changes in the system. But there’s nothing that they can do to force you to eat the stuff you don’t want to eat. So make a decision, the informed decision to eat intelligently. For a great many of us, that’s going to be vegetarian, but if you’re going to eat beef, then eat the right stuff and don’t eat very much of it. You know, it’s interesting, Thomas Jefferson was mostly a vegetarian, but he felt that there was a role for animal protein in his diet. But he used it as a garnish, just a little, almost like bacon crumbles, he would use a little bit of beef crumbles over the top of his meals. That’s probably the right kind of ratio to be healthy.

RALPH NADER: On that historic note, thank you very much Denis Hayes. And we hope that our listeners will connect and informally connect by changing their diet or improving their diet or moderating their diet when it comes to beef and pork products. Thank you very much, Denis.

DENIS HAYES: It was a pleasure, Ralph. Take care.

STEVE SKROVAN: We’ve been speaking with renowned environmentalist, Denis Hayes. His book, written with Gail Boyer Hayes, is Cowed: The Hidden Impact of 93 Million Cows on America’s
Health, Economy, Politics and Culture. We will link to it at the Ralph Nader Radio Hour website. Ralph, now before we go to Russell Mohkiber, I understand you wanted to turn the tables on your friend David here.

RALPH NADER: I want to ask an obvious question. It’s almost never asked, although it’s preceded by a lot of obvious questions. So let’s go, David. David?

DAVID FELDMAN: Yes?

RALPH NADER: Do you like music?

DAVID FELDMAN: Yes.

RALPH NADER: What kind of music do you like, David?

DAVID FELDMAN: Jazz, old jazz.

RALPH NADER: Any other kind?

DAVID FELDMAN: Uh, I like big band, swing, 30’s, mostly the 20’s, the 30’s and the 40’s.

RALPH NADER: Calypso, possibly?

DAVID FELDMAN: Uh, yes.

RALPH NADER: Do you play any musical instruments, David?

DAVID FELDMAN: The piano.

RALPH NADER: When did you learn how to play the piano?

DAVID FELDMAN: From the time I was six until I took til I was 18. I’m horrible.

RALPH NADER: It’s permissible to conclude on this note that you know a lot about music compared to the average Joe who never hit a piano key, correct?

DAVID FELDMAN: I would say I’m tone deaf. No, I was forced to study the piano. But I do understand, I can sight read music.

RALPH NADER: OK. Here’s the obvious unasked question. Are you ready, David?

DAVID FELDMAN: Yes, sir.

RALPH NADER: Why do you like music?

DAVID FELDMAN: It feels good.

RALPH NADER: What does that mean?

DAVID FELDMAN: It makes me happy. There’s a purity to it. I don’t understand math but there’s something about it that makes me, the sound, it’s like tapped into the universe.

RALPH NADER: Martial music makes you happy? Military music?

DAVID FELDMAN: [laughs] John Phillip Sousa’s early works, yes. I thought he got a little too commercial near the end. Martial music, no.

RALPH NADER: How about sad, morose, fado music from Portugal. Does that make you happy?

DAVID FELDMAN: I don’t know if I’ve heard, what’s it called?

RALPH NADER: Fado.

DAVID FELDMAN: I’ve never heard of fado.

RALPH NADER: Well, there are sad musical pieces, aren’t there?

DAVID FELDMAN: Yes.

RALPH NADER: So you can’t say that music makes you happy always. There’s a lot of sad music. There’s music that brings back bad memories. So let me ask you again. Exactly what effect does this have on your behavior and quality of life? You’re too general when you say music makes me happy.

DAVID FELDMAN: Interesting, yes. Sometimes music makes me sad. Sometimes music makes me uncomfortable. Sometimes it makes me cry. Yes.

RALPH NADER: And you know, it’s often said that folk music like Woody Guthrie and Joan Baez during the 60’s movement, that folk music is absolutely essential to get people to engage in social justice efforts. Do you agree with that?

DAVID FELDMAN: Yes, sometimes music makes me angry.

RALPH NADER: But then how long does that anger last? Do you ever have an experience where music actually made you go out and try to register voters, get people to demonstrate in the village square on some important issue, join an anti-war march? You think there’s really any transfer here? Or do you think it’s pretty flighty, this kind of emotion that comes from inspirational music?

DAVID FELDMAN: I do remember Bruce Springsteen on Election Day in 2004 holding a Kerry rally. I believe it was in Wisconsin and he led people to the polls after the song. So yes, it can get people to be civically minded.

RALPH NADER: Can it do the opposite, though? Can it make people feel so good, listening to “This Land is Our Land,” that they don’t actually move from feeling to break their routine and get engaged in social justice action?

DAVID FELDMAN: Yes. I remember going to see The Clash during their Sandinista tour, and they were, it was very political, it was very beautiful. I remember thinking, what am I doing here? I’m hearing about Nicaragua and jumping up and down and getting drunk, but I’m doing nothing for the Sandinistas.

RALPH NADER: Before we conclude, here’s the last obvious unasked question. Why is it, it is obvious but unasked, why do you like music? Have you ever heard anybody ask that question? They always ask, what kind of music do you like? Do you ever hear anybody ask, why do you like music at all?

DAVID FELDMAN: Well, my mind is racing now. What is the question?

RALPH NADER: The question is, why is the question “Why do you like music?” almost never asked, especially since there’s no culture in the world, according to my brief anthropological scan, that has existed without some sort of music. So it’s a universal. So why isn’t the question, instead of just asking what kind of music do you like, the question, why do you like music at all is almost never asked. Why do you think? Before we conclude.

DAVID FELDMAN: I don’t know.

RALPH NADER: On that note, “No say,” says David, “No say.” On that note, we will continue with our forthcoming series of Obvious But Never Asked Questions.

DAVID FELDMAN: Can I, I want to respond to that, because I do believe doing political satire as a comedian - it’s much harder to be a political satirist than it is to be Jackson Browne or Bruce Springsteen, because people don’t always hear the lyrics in music. So that’s why Republicans like Reagan can appropriate “Born in the USA” even though it was an attack on the USA. People thought it was a patriotic anthem. Whereas, a political satirist who uses words - it’s much harder to be political when all you do is speak. Music can obfuscate.

RALPH NADER: Unless you’re George Carlin.

DAVID FELDMAN: Well, what I’m saying is you can hide behind lyrics if you’re a musician. If you’re a politician or a writer or a comedian or a journalist, your words speak for themselves. So I think music is very dangerous. And I don’t, I haven’t read The Republic since it was first published. Wasn’t Plato suspicious, wasn’t Socrates suspicious of poetry and music for those reasons, that you weren’t civically minded, you were able to hide?

RALPH NADER: Well, they thought it was a departure from the pursuit of the rational mind, yes. They had rather deep reservations about music compared to today’s rather superficial discussion. What do you think of this, Steve?

STEVE SKROVAN: I think it’s great. I love David on the witness stand.

RALPH NADER: Next week, you’re next, Steve.

STEVE SKROVAN: OK, well, OK. Yeah, I was going to pronounce him guilty, even without anything presented along those lines, because first of all, I presume him guilty for anything, but the way you were cross examining him I thought, “He’s hiding something.”

RALPH NADER: I think it’s invigorating, don’t you?

DAVID FELDMAN: Oh, I think David or Steve on the witness stand is great.

RALPH NADER: Yeah, this is good.

STEVE SKROVAN: OK, we’re going to take a short break. And when we come back, we’re going to switch to the “cars” portion of the show. That’s after we check in with the Corporate Crime Reporter, Russell Mohkiber. Russell?

RUSSELL MOHKIBER: From the National Press Building in Washington DC, this is your Corporate Crime Reporter morning minute for Wednesday, February 24, 2016. I’m Russell Mohkiber. Theologian and author Sheila Hardy passed away Friday, February 12, 2016, in St. Augustine, Florida. Hardy worked with Ralph Nader’s Center for Study of Responsive Law in Washington DC in the 70’s and 80’s, where she authored Hucksters in the Classroom, a book that won the 1980 George Orwell Award for honesty and clarity in public language. Last year, Nader commissioned Hardy to research and write a paper titled, “The Sin of Greed: How Profit Became a Dirty Word.” “Sheila Hardy had a fiercely independent mind,” Nader said. “She grappled with the fundamental verities of humankind, and she confronted the institutional hypocrisies of our time. Her study of the various major religions of the world was driven by her belief that people should practice what they preach.” For the Corporate Crime Reporter, I’m Russell Mohkiber.

DAVID FELDMAN: Thank you, Russell. When General Motors filed for bankruptcy in 2008, there were a lot of excuses given, and a lot of fingers pointed at the usual suspects -- overwhelming healthcare costs, unreasonable union demands, too much government regulation and poorly designed cars. That was the conventional wisdom. Nicolas Kachman was an executive at GM from 1957 to 1993. He was an insider, a corporate environmental engineer, and he points to an entirely different reason for that 2008 bankruptcy that led to an enormous taxpayer bailout. He focuses on a long term strategic decision by corporate management that turned into a financial debacle that still burdens the company today. That decision was called “The Paint Plan.” His book is entitled, Paint it Red: Inside General Motors’ Culture of Failure. And he’s here to tell us all about it. Welcome to the Ralph Nader Radio Hour, Nicholas Kachman.

NICHOLAS KACHMAN: Glad to be here.

RALPH NADER: A delight to have you on board this program, Nick, if I may call you that.

NICHOLAS KACHMAN: Yes.

RALPH NADER: We’re dealing here with an exceptional book by an exceptional person, who’s been with General Motors for many years, had some success in curbing General Motors’ pollution working with good people at the Environmental Protection Agency in Washington DC. Tell us why you called your book, your new book called GM - Paint it Red: Inside General Motors’ Culture of Failure. Tell our listeners about why you called the book Paint it Red, and then we’ll get into the details.

NICHOLAS KACHMAN: Well, it’s about the paint system - a commitment they made, GM executives made - for the first time committing to meet a law and not resist it. Every other environmental law, pollution, safety, emissions, water, all of them, we fought every one of them, protested them, and then finally when the law was passed had to struggle through the mud and commit to them. But this one law came up to reduce the emissions from paint shops. And an executive, Godfrey, decided if he could get enough money, he’d change all the paint systems to the latest technology that he didn’t know anything about. And he would ask the EPA - instead of meeting the law that said within five years you can put on basic controls, RAC, Reasonable Available Controls, which the law required, which are supposed to be reasonable, cost effective but instead of doing that – “If you give GM ten years, they’ll do the very best. They’ll reach for LER, the Lowest Emission Rate systems. And they’ll do it with all their plants. And what they’ll do to force the other companies” - and that was really the scheme: to force Ford and Chrysler to spend the money - “We’ll call it RAC. We won’t call it the Best Available Technology. We’ll call it the Reasonable Control Technology, because we’re going to put it in all the plants. We’re going to do this in ten years, but we won’t decide the paint, because the technology has to be developed in three years.” So it means in seven years you’re going to change 37 plants - when the most you ever did is one or two plants a year - without any consideration of the economic situation, without any consideration the plant is scheduled on a basis of its air quality. So all the plants on the East Coast, in Massachusetts, New York, most blue areas would go first, with no regard to sales. Maybe it’s the one plant that’s making money, and the plant that’s making the least amount of money is the last on the list. And why they did this is - it’s almost ridiculous - it’s something that should be studied. How could management allow that to happen? It should be used by business schools, because as this program took over and got in place, they’re spending billions. They had no war room. They had no - this chart on the wall with the 37 plants saying how it’s progressing. The other thing they did: they didn’t put in a plant or two and then stop and evaluate whether it’s, what they’re doing is right or wrong. The plants are so overbuilt, they had hundreds of computer stations that were never used. They had automatic robots delivering material to the stations that didn’t work. Instead of doing their real engineering approach, they forgot that and went with this commitment. What’s really sad, after it became known, they still didn’t go back at the people and ask them, “How did we get in this program?”- penalize the people. In fact, they promoted them. It’s a study of bad management.

RALPH NADER: Yes. Speaking of that, on the back of the book, your publisher - Mariner Publisher of Buena Vista, Virginia, to those of you who want to get a copy of the book - they say, quote,
“In a devastating indictment of the GM management system, this insider expose outlines the hundred billion dollar fear-driven top down boondoggle that didn’t make the news anywhere. And it was called “The Paint Plan.” Now, for people who are wondering what we’re talking about, over the years I would get complaints from workers about health and safety in GM plants. And some of the worst complaints were the workers who worked in the paint room. We’re talking about painting your cars, folks. You want to describe what life was like breathing and being exposed in the paint area?

NICHOLAS KACHMAN: Bob Phillips and I went to the truck plant in Flint and ran the first test on a booth on emissions from a paint shop. We got up on the roof - and it was a saw-toothed roof - and you could look through the windows and see the painters down below. A truck came in, and it was painted green. There’s a sprayer on each side of the truck. They sprayed each other with green. The next car came in - truck came in - was red. They’re spraying each other with red. The workers in Flint were the most marvelous workers, not complaining, worked in horrible conditions. If it wasn’t the paint, it was oil mist dust and everything else in those bad years. The working conditions were unbelievable, and yet the workers in Flint did a hell of a job. They made GM a lot of money. And I think the water problem now in Flint - to think we ignored that city and the citizens there - I feel really up in arms about how they treated the people in Flint. Anyway, the working conditions and oil mist and dirt in forge and foundries was just unbelievable. I’m an in-plant environmental engineer, more so than out-plant. I think there’s more harm occurring in the plants than there are outside.

RALPH NADER: Again, and to capital the genius of this book, listeners, on the back of the book there’s a comment by John Calgani, Director of Air Quality Management at EPA between 1987 and 1993. Listen to what he says. Quote, “The GM paint program is a gripping case study of how GM’s corporate dysfunction affected people at all levels of the company and beyond. Nick Kachman always addressed GM’s environmental problems in a forthright, honest and informed manner. So it is no surprise that GM: Paint it Red pulls no punches and tells the story the way it happened. After reading “GM: Paint it Red” you do not wonder how GM went bankrupt, but why it took it so long.” End quote. The part of your book that I think is so unique, it’s not only a ground level description of what went on, but you take the responsibility right up to the top, and you say in your Chapter 4: GM Leadership Woes: “Although it was evident at all levels, the problem of pride had its origins in the attitude of the Board of Directors and chief executives. A sense of greatness, quote, ‘We are the very best,’ end quote, ‘Who can tell us how to run the business?’ end quote, reinforced the culture of superiority within management. It engendered the notion that any smaller company cannot possibly give good advice. In different decades, both John DeLorean and Jack Welch – Jack Welch was the CEO of General Electric – spoke out on how this feeling of superiority by GM caused its leadership not to take any outside advice. I could attest to that, huh Nick? Jack Welch, former CEO of General Electric, was quoted as saying in a 2009 Detroit radio address that, quote, “GM’s problem is that they won’t listen to advice by those outside the corporation.” End quote. Give us your thoughts on today’s GM leadership, headed by the first woman to head GM, Mary Barra. Do you see any change in the corporate culture? I don’t see that much change. They’re still fighting everything in Washington. They’re still not giving their own engineers and scientists enough leeway. And they’re going crazy with electronic transformation of cars into computers on wheels. Give us your contemporary view, Nick.

NICHOLAS KACHMAN: I’m not even an environmentalist, and I look at that end of it, and I’ve seen her do things that thirteen executives before her, all male, didn’t do. I knew that they were doing such terrible things. And the first thing she did on this ignition switch was fire fifteen engineers. But that doesn’t change the culture. You have to get at the lawyers that supported the management through their worst possible decisions. People getting injured, and yet they supported not putting on bags, not doing seatbelts, not doing emission controls. And I knew when she let go of the five attorneys, I knew she was really onto something. I made a prediction. I called some people at GM. There’s two other attorneys that have to go. One, the attorney that became head of energy and environment, a guy named Robertson, I think. He was the attorney, I think, associated with the Cobalt that got promoted with the approval of the head attorney, to be head of the new department that he called Sustainability. They’re now collecting garbage and collecting cardboard and saying they’re doing great things. Instead of taking care of the people in Flint, they spent $40 million in buying prairie grass instead taking care of people. Anyway, that guy should go. He doesn’t know what he’s doing. He’s a lawyer that doesn’t know anything about the firm. The other person was the head of counsel. I had business with him, and I know he should have been there. She forced Robertson out of the corporation, and then got the head counsel out. She’s doing things that no other vice president before her had done, no other CEO has done. I think your letter to her about Flint embarrassed the hell out of her. I’ve given her the doubt that she hasn’t had time to get to it yet, but she has to change their direction. You’re right about what they’re doing with too much electronics.

RALPH NADER: Nick, explain this Flint. You know, everybody has heard about the lead contamination of drinking water in Flint, Michigan, and the thousands of children who have been damaged by that, perhaps for life. In the summer of 2014, the General Motors plant that put out engine parts discovered that the water was corroding the parts. It wasn’t the lead that was doing it. You want to explain that? And then they had a chance to alert everybody, everybody in Flint, as a good corporate citizen. Explain what they did in the plant and what they didn’t do outside the plant.

NICHOLAS KACHMAN: GM for years, before the environmental laws took over, dumped every kind of contaminant you could think in the Flint River and the Tittabawasse River, all the streams in that whole area. We had a plating plant there that we had trouble with and EPA took us on. And now the pollution’s controlled, but when they found out that the water was discolored, we had at one time the best environmental engineers in the world. I had a special group that just went to Virginia Tech and took a special course for five days to be able to test water. Where are they? They didn’t do anything. They should have. GM should have jumped in there first time they found out their own water was contaminated - and I’m sure they tested it - and then gone in to some of their families, workers’ families’ homes, and taken some samples, put a report together and used their political clout, which they had. They can use political clout to get tax breaks for their plants. They should have put pressure on the agency and the EPA to correct that problem. In the meantime, they should have provided clean water to those people. The pipes are coated - the lead pipes are coated with a coating. It looks like heck, but it’s a protective coating. You can’t get to the lead and poison the water. But what they did was not put in an additive, they put in a solution at the Flint River that actually ate away at the corrosion, the protective coating - like a rust - disappeared, got back to the lead on the pipe, and the water became contaminated. GM had coating engineers. We had environmental engineers. We controlled all those pollutions that we put in the river. We should have stepped in there with both feet. Imagine the headlines: “GM is a different company. They stepped in and they’re fighting for the citizens of their workers and their families and the community in Flint.” That’s the cradle of GM. They’re the ones that made GM. They should have gotten in there with both feet. That would have been - not national headlines - but world headlines that the company’s really stepping up.

RALPH NADER: And this is, what they did was they disconnected from the contaminated water that the rest of the people in Flint were getting

NICHOLAS KACHMAN: And went to fresh water.

RALPH NADER: Yeah, and they went for the cleaner water coming from Port Huron, and they still didn’t tell the people of Flint, even though they brought in bottled water for their workers because their workers were saying, “What’s this foul smelling, tasting water?”

NICHOLAS KACHMAN: Right, right.

RALPH NADER: And so here we are, a new CEO, a woman, she’s an engineer, unlike a lot of the prior CEOs of GM which were financial types. She understood the problem, and still, the GM culture said, “Don’t tell the people. Mum’s the word.”

NICHOLAS KACHMAN: And that’s unbelievable. I cannot give an excuse for that. But it really bothers me to think that they didn’t really fight for their people. They would have been in headlines. They would have done so much good for their good name on the financial page: “GM really cares about their community and the workers, past and present.” It was a golden opportunity. They missed it completely. And they give $50,000 for bottled water, but they spent $40 million for prairie grass to show that they’re concerned about CO2 credits. Imagine what that $40 million would have taken care of. They’d pay the whole water bill for Detroit water, the six and a half million dollars a year to keep them on clean water.

RALPH NADER: We’ve been talking with Nicholas Kachman, who has just had published his book about his experience with General Motors as an environmental engineer, and is a person who made some good progress inside GM working with EPA officials in Washington. The book is called GM - Paint It Red: Inside General Motors’ Culture of Failure. Nick, your voice has got to be heard in the coming weeks. It’s got to be written up in Automotive News. It’s got to get on NPR, PBS. It’s got to get over the mainstream press. I’m going to try everything possible to make that happen. I just want to close on a quote, again by somebody who knew what they were talking about. Her name is Brittany Asaro; she’s a PhD at UCLA in Los Angeles. Quote - about this book by the way - quote: “Honest, thought provoking, and at times very funny. GM: Paint It Red offers a story that is smart enough for readers well versed in the inner workings of the automotive industry, yet accessible to those with little to no knowledge of GM or its history. For all readers, it sheds light on how it was possible that such a colossal American corporation fell to its knees, and how it might yet pick itself up.” End quote. They can get this book either on the Internet book sellers like Barnes & Noble or at Amazon, or they can go straight to Mariner Media in Buena Vista, Virginia. The phone number is 540-264-0021, that’s 540-264-0021. The email is http://www.marinermedia.com. That’s http://www.marinermedia.com. How would they reach you, Nick?

NICHOLAS KACHMAN: I don’t use the computer much. I’m up at 86 now. My son, Robert Kachman, it’s all one word, robertkachman@yahoo.com. And I’ll answer anybody and take any messages if somebody wants to contact me.

RALPH NADER: That’s robertkachman, K-A-C-H-M-A-N, at yahoo.com.

NICHOLAS KACHMAN: Right. Spell out robertkachman all as one word, at yahoo.com.

RALPH NADER: Thank you very much, Nick Kachman. Thank you for a marvelous rendition of your experience inside GM, which is relevant today and will be relevant tomorrow and will illuminate for
our listeners what goes on in a giant corporation that’s strictly controlled top down and doesn’t listen to the people on the shop floor very often, much less from outsiders. Thank you very much, Nick. We’ll be continuing this effort to help get your voice throughout the land.

NICHOLAS KACHMAN: Thank you very much. Appreciate it.

STEVE SKROVAN: We’ve been speaking with Nicholas Kachman, former GM executive and author of GM - Paint It Red: Inside General Motors’ Culture of Failure. And that’s our show. I want to thank our guests today, Denis Hayes, coauthor of Cowed: The Hidden Impact of 93 Million Cows on America’s Health, Economy, Politics and Culture, and of course Nicholas Kachman, author of Paint It Red: Inside General Motors’ Culture of Failure.

DAVID FELDMAN: Join us next week on the Ralph Nader Radio Hour. Talk to you then, Ralph.

RALPH NADER: Thank you very much, Steve and David. Spread the word, listeners. Remember, when it comes to the Ralph Nader Radio Hour, we can make it happen, but only you can make it effective.
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RALPH NADER RADIO HOUR EPISODE 103: Harvey Wasserman, Comedy, Listener Questions
March 5, 2016

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Ralph challenges old friend, Harvey Wasserman, on his claim that electronic voter fraud turned the presidential elections of 2000 and 2004 and could also do so in 2016. Also, Ralph and Steve debate the value of comedy. Plus: Listener questions!

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Harvey Wasserman

Harvey Wasserman is a journalist, author, democracy activist, and advocate for renewable energy. He has been a strategist and organizer in the anti-nuclear movement for over 30 years. Much of his recent work has focused on the issue of electronic voter fraud. His book, due out later this year with co-author Bob Fritakis, is entitled, The Strip & Flip Selection of 2016: Five Jim Crows & Electronic Election Theft.

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RALPH NADER RADIO HOUR EPISODE 103

Steve Skrovan: Welcome to the Ralph Nader Radio Hour. My name is Steve Skrovan with my co-host David Feldman, who rumor has it, is vying to be Donald Trump’s running mate. Hello, David.

David Feldman: I read a book recently so that disqualifies me.

Steve Skrovan: You read a book. See, there you go. Reading books.

Harvey Wasserman: Well, was it a comic book? That’s the question.

Steve Skrovan: That voice is Harvey Wasserman who’s our first guest. We’re going to get to Harvey in a second here. Before, we want to check in with the man of the hour, Ralph Nader who had a birthday last weekend. Happy Birthday, Ralph.

Ralph Nader: Thank you.

Steve Skrovan: We are going to devote the entire second half of the show today to listener questions. We’ve been getting a lot of them from both Facebook and the Ralph Nader Radio Hour website. And we’re going to try to work our way through as many as we can. We’ll also hear, as always, from Corporate Crime Reporter, Russell Mohkiber, the Adrian Monk of the White-Collar Crime Beat. In the first half of the show though, we’re going to be talking about the possibility of electronic voter fraud, which leads us to our first guest. David?

David Feldman: Well, this week, Donald Trump swept through the South like General Sherman -setting fire to the Republican Party. The divided Republican Party – that got a laugh, Steve, so I’ll take credit for it.

Steve Skrovan: Okay.

David Feldman: That was Steve’s but I said it, so it’s funny. A divided Republican party in the general election will be a desperate one. So how the votes are counted becomes even more important. Our guest today is Harvey Wasserman, journalist, author, democracy activist and advocate for renewable energy. Harvey’s been a strategist, an organizer in the antinuclear movement for over 30 years. Much of his recent work is focused on the issue of electronic voter fraud. His book due out later this year with co-author Bob Fitrakis is entitled The Strip & Flip Selection of 2016: Five Jim Crows & Electronic Election Theft. Welcome back to the show, Harvey Wasserman.

Harvey Wasserman: Well, it’s great to be with you, especially on the day after Sherman marched through Georgia. So we’re happy for that.

Ralph Nader: Harvey, it’s good to have on again. I want to go through a whole sequence here as if I’m cross-examining you so that the listeners get the idea of what’s going on, how evidentiary based it is, and what they can do about it - and especially if you live in the swing states like Ohio and Florida but also in states around the country that have these electronic voting machines. So once you state the case that you’re making, number one - when you make it - tell us why you think the elections of 2000 and 2004 at the presidential level were stolen because of these machinations involving what you call “stripping and flipping” and then define “stripping and flipping.” And then we’ll take it from there.

Harvey Wasserman: Okay. So Ralphy, I’m glad you mentioned evidentiary. The number one question there one has to ask. You know, people roll their eyes because it’s another conspiracy theory - aside from the fact that there have been plenty of conspiracies in American history that turned out to be true. The question I have to ask is: How is the electronic vote count in the United States in the 2016 election going to be verified? Where is the verification of the electronic vote count especially in states like Florida, North Carolina, Ohio, Michigan, Iowa and Arizona where you have a Republican governor and a Republican Secretary of State? If you do not have a hand counted paper ballot that will tell you off the top that there is no way to verify the electronic vote count. We’re talking about a public election, an election for - not only President United States but the Congress, governorships state legislatures, all the way down to dogcatchers that’s being conducted on electronic voting machines. Most of which are 10 years old or older. I don’t know how many of your listeners are working on a 10-year-old personal computer, but these machines were bought a good decade ago. How do you verify the vote count on those machines? The fact of the matter is, you don’t. There is absolutely no public control, no back up. These machines are privately owned, mostly by corporations that have clear Republican Party ties and where the courts have ruled that the source code is proprietary. So if you start from a situation where we’re all voting on black box, we go in there, we push the – or whatever we push on the screen, it lights up or it doesn’t light up in many cases, you push at the end of the process, you push the button that says you’ve voted and you walk away with nothing. Now in some cases, they’ll give you – and they can’t give you a receipt actually because the receipt would allow you to sell your votes and confirm that you sold your votes. You walk away basically voting with nothing, there is no legitimate recount as we tried to do it in Ohio two times before. And it’s a scam.

Ralph Nader: Let me interject here. Who owns the voting machines? I thought the tax payer bought those machines, apart from the propriety software. Who owns the machine?

Harvey Wasserman: Well, there are cases where the federal government bought them. There may be leases out there we have not really would search it because there’s no reason to because these courts have said that no matter who votes and owns the machines, you can’t have access to the source code even though…

Ralph Nader: Let me – let me examine that. That can be overridden by a contract between the State and the software company. So here’s the question. The software company wants to have proprietary ownership obviously. And I want you to name the companies in a minute. But, if you represent a municipality or a State, and you're paying this software company, you can have a contract which in effect overrides the proprietary secret and allows the public interest to weigh in here. Why weren’t these contracts written that way? And who got paid off, if that was the case?

Harvey Wasserman: Well, you tell me, Ralph. I mean they don’t do it. They don’t do it. These…

Ralph Nader: No one has done it? No State? No municipality? Nobody?

Harvey Wasserman: Not that we know of. I suppose there may be an exception out there, but they didn’t bother to do it. Most of these machines were bought with federal money.

Ralph Nader: Okay.

Harvey Wasserman: And they help them to vote at. I mean, you recall Ralph in 2000, there was this whole lunacy with the hanging chads and the response of the federal government led by a congressman from Ohio - who went to prison named Bob Ney - was to put aside a couple of billion dollars and pass these machines out to localities. And then that part of it was not done. They have a vested interest.

Ralph Nader: Yeah. Now Harvey, you claimed that the 2000 election and the 2004 election were stolen in this way because you had Republican governors, Republican Secretaries of State and they dealt with these companies providing the software and that they stole the election. If they stole the election this way against the Democratic Party, against Al Gore, against John Kerry, well why is the Democratic Party not making this emblazed issue especially when they controlled Congress in 2009-2010. You don’t hear anything from the Democratic Party. Do they want to continue to lose the elections to the Republicans?

Harvey Wasserman: No. But you would have to guess that they would continue to want to have the same power as the Republicans when the time came. You know, we’re Greens, Bob Fitrakis, my co-author and I are Greens. Our interest in this – our partisan interest - is that should the Greens or another left third party ever get strong enough, we don’t want to have the elections stolen from us by the Republicans and the Democrats. The reality is, Ralph, that in 2000, when you had the temerity to run for President of the United States and everybody screamed at you, in fact, it was rigged by a stripping maneuver, when Jeb Bush, the governor of Florida used the computer program to strip more than 90,000 African-American and Latino voters from the voter rolls so that they couldn’t vote.

Ralph Nader: How could he do that? Let’s define stripping for our listeners. How could he do that?
Harvey Wasserman: Stripping is removing people – stripping people from the voter rolls. Very simple process.

Ralph Nader: On what basis?

Harvey Wasserman: In 2000, they used the idea that 90,000 ex-felon and now in Florida they had a law getting back to the Jim Crow Post-Reconstruction South, that if you’ve ever been convicted of a felon, you’ll lose your vote permanently, unless you have a private meeting with the Governor and he reinstates it. That was the law. So Jeb Bush went. He got his computer program, took the names of ex-felons from a number of different States, not just Florida, and if Jim Jones had been convicted of a felony in Alabama, and there was a Jim Jones on the voter roll in Florida, Jim Jones in Florida lost his vote.

Ralph Nader: That’s been well-documented, Harvey. That’s quite true what they did and it was Kathleen Harris, the Secretary of State for Jeb Bush in Tallahassee, who was involved in that. Okay. That’s a clear voter fraud question. Why wasn’t that prosecuted?

Harvey Wasserman: Because, you know, George W. Bush came into office, Al Gore totally folded, never said a word after the Supreme Court decision, still hasn’t said a word after the Supreme
Court decision. Now, there was a well-documented flipping electronically in Florida in Volusia County. About 20,000 votes were flipped from Kerry to Gore.

Ralph Nader: Define specifically flipping. Very carefully now…

Harvey Wasserman: Okay.

Ralph Nader: …because your new book – we’re talking to Harvey Wasserman. His new book with his co-author is called The Strip & Flip Selection of 2016: Five Jim Crows & Electronic Election Theft. So you’ve described stripping and that does go on as voter suppression and it’s been written about. Now, specifically define flipping.

Harvey Wasserman: Flipping is merely taking a vote for one candidate and electronically flipping it to another candidate. This was done in Volusia County in Florida in 2000. And it was massively done in Ohio in 2004 between 12:20 and 2:00 AM after the votes were counted on election night. J. Kenneth Blackwell, the Secretary of State of Ohio - and you have two consecutive presidential elections decided in States where the Secretary of State, who ran the election, was a co-chair of the committees for Bush and Cheney, small conflict of interest, was never pressed, never said a word. So at 12:20 at night, there was screenshot taken where the outcome of the election on CNN showed John Kerry winning Ohio by 4.2% - over 200,000 votes. Suddenly, the electronic vote count went dark and then no more votes came in until 2 o’clock in the morning, when suddenly George W. Bush was leading by 2.5%. So the electronic vote count was flipped from a 4.2% margin for John Kerry to a 2.5% margin for George W. Bush.

Ralph Nader: Okay. And – okay.

Harvey Wasserman: And it’s just…

Ralph Nader: Harvey, let me interject here. You used the passive voice, was flipped. Who flipped it? Was it premeditated? And why didn’t the Democrats even after Kerry and Edwards abandoned any kind of recount - they threw in the towel as you know the day after the so-called election - why wasn’t any prosecution? All it took, you know, was any local prosecutor. There’s got to be some prosecutors who aren’t bought and sold in Ohio, because what you just described could not happen accidentally, correct?

Harvey Wasserman: Absolutely correct.

Ralph Nader: Okay. It’s a premeditated crime under Ohio law, correct?

Harvey Wasserman: Should be. Absolutely.

Ralph Nader: Okay. Now, you and I and others got John Conyers, who is a veteran member of the House of Representatives from Michigan to have an informal House congressional hearing on this. Could you describe that, because they excluded me from testifying, but you were involved in it? What happened? Who testified? And what was the result?

Harvey Wasserman: Well, Bob Fitrakis and I testified and others and nothing happened. You know, they ran up a nice big record. And I got to tell you Ralph that we sued in federal court and won and nothing happened. What happened was – they actually denied me. I voted in Columbus at the same precinct since the 1980s - they denied me an absentee ballot. I was a – plaintiff in – a co-plaintiff - in the Federal lawsuit. My co-author, Bob Fitrakis, was one of the attorneys. We won in Federal court a decision mandating that all the 88 counties in Ohio bring their records to Columbus. By this time, we have a new Secretary of State, Jennifer Brunner, a Democrat. She set up a repository in Columbus. The 88 counties were ordered by Federal law to bring in all their records from the 2004 election. And when it came time for them to bring them in, 56 of the 88 counties had nothing to bring. They said that their records had been destroyed. We had one county Board of Elections say that all the ballots have been destroyed. They used hand drawn ballots. All the ballots have been destroyed because a coffee urn had spilled on them. One county said that they had accidentally put everything out with the recycling. So there was no recount. Federally mandated via Algenon Marbley, a Federal judge, our lawsuit, and there was never a recount.

Ralph Nader: Name the lawsuit and the Federal judge.

Harvey Wasserman: King-Lincoln Bronzesville lawsuit. It was Algenon Marbley was the judge. Now, Ralph, in that 12:20 to 2:00 AM period where the vote count was flipped, J. Kenneth Blackwell was in charge of the electronic vote count. He had given them the contract, a no bid contract to a company called GoTech, which was aligned with Smart Tech. The head of the company was a guy named Mike O’Connell. He is the guy who did the flipping. We deposed him in a Federal court the day before the 2008 election. And we got very, very close to getting him to tell us what happened. We think he was going to crack. And then in December of 2008, he died in a mysterious single passenger air crash in Canton in December 2008. So we – Mike O’Connell would only be deposed now from the grave. We find that very suspicious.

Ralph Nader: Let’s go back to the court decision for our listeners. How can I get the details on the court decision? Do you have a website you want to give them?

Harvey Wasserman: Well, we – it’s at freepress.org, www. freepress.org. Bob and I have written seven – well this would be our seventh book about electronic election theft.

Ralph Nader: Okay.

Harvey Wasserman: It’s not voter fraud.

Ralph Nader: Okay. Let's get back to this point. Why isn’t there one prosecutor - there are a lot prosecutors, you know, in Florida, in Ohio - why didn’t one prosecutor with all this evidence you have, why didn’t they take it and move against this criminal behavior?

Harvey Wasserman: Well, you know, if you can psychoanalyze the Democratic Party and tell us why they haven’t done this, I’d be glad to know. John Kerry had a $7 million fund designed specifically to deal with election theft. He went windsurfing at 1 o’clock the day after the election. We told him - we were in touch with his people in Columbus - there were 250,000 votes and Ohio…

Ralph Nader: Yeah. But you dodged the question. I’m not talking about the Democratic Party. I’ll get to that. I’m saying one prosecutor with the evidence that you put out and in federal court and all. Why didn’t one prosecutor, either Ohio or Florida, prosecute?

Harvey Wasserman: You know, I have no idea, Ralph. I could never answer - maybe because Jim Garrison doesn’t live in Ohio. But nobody has come forward to do it.

Ralph Nader: All right. Let’s get to the Democratic Party. You can say that John Edwards and John Kerry - and I agree - they threw in the towel. But there are other Democrats, who have to be considered worried about this. They’ve lost elections, they’ve lost two presidencies in Florida. You're right, they did steal the election, and Gore didn’t want to pursue it. The Democratic Party blamed the Green Party. There were 537 votes before the recount that was stopped by 5/4 decision in the Supreme Court led by Scalia, stopped the Florida Supreme Court order, which was underway to have a full state recount. So, just that ex-felon maneuver was 90,000 votes. So, it’s a lot more than 537 votes - not to mention other things like a quarter of a million Democrats in Florida voting for George W. Bush in 2000. But why wasn’t there some Democrats, some local officials, some local prosecutors, why didn’t they do anything in Florida either?

Harvey Wasserman: Ralph, I wish I knew.

Ralph Nader: All right. You don’t know the answer to that. Okay. Now, how about some of these great investigative reporters, Center for Public Integrity, ProPublica, Seymour Hersh, Jeff Gerth, you know, people you know. None of them ever moved on what you presented to them. So what was their problem?

Harvey Wasserman: Well, Greg Palast did it and Bev Harris did it. They covered it pretty well. I mean, we got it out there…

Ralph Nader: Yeah. But we’re talking about the heavyweight press, Washington Post, New York Times, Boston Globe, AP. I mean, they’ve had some pretty fearless investigations of bad things. The New York Times just had two long articles in Sunday and Monday, devastating article on Hillary’s critical role in the unconstitutional illegal war in Libya, that blew apart the country spreading into Central Africa and weapons everywhere in the Middle East from Gaddafi’s weapon cache. So – and, you know, and the New York Times endorsed Hillary - so there are gutsy reporters. This is a Pulitzer Prize winning opportunity, Harvey Wasserman. How come nobody stepped forward with the major press? Was it that you didn’t contact them?

Harvey Wasserman: You know, that’s right. And what we – we were interviewed by the New York Times. They had my picture in the New York Times sorting through ballots in Troy County in Troy Ohio and they just never followed through on it. I think there’s a scene in A Few Good Men where Jack Nicholson says, “You can’t handle the truth.” I don’t think these guys can handle the truth. This is a total delegitimatization of the entire American sham of the…

Ralph Nader: Okay. All right. Let me ask you another question here. Quickly, name the private corporations who have this proprietary software. Tell our listeners who they are.

Harvey Wasserman: Okay. Originally, it was Dieboldt, which has been taken over by Dominion now DSNS. DSNS is the big one. The other one is called Triad, but DSNS is the number one corporation. They were originally with Chuck Hagel, who stole a Senate seat in Nebraska twice in a row and nobody said any word about that except us. I mean, we can’t even get funding, Ralph.

Ralph Nader: There’s enough you put in the public record that some local prosecutor, some Democratic official, party, some investigative reporter should have picked it up and run with it. And it keeps going on, you were saying. It’s not just ancient history. You're saying this is going to happen this year.

Harvey Wasserman: Ralph, the stripping this year is worse than ever. You know, there’s voter ID…

Ralph Nader: Yeah.

Harvey Wasserman: They are stripping millions…

Ralph Nader: Yeah.

Harvey Wasserman: …of people from voter roll…

Ralph Nader: But this…

Harvey Wasserman: [00:19:31 inaudible]

Ralph Nader: But the flipping…

Harvey Wasserman: This Democrats think they’re going to waltz into victory. There’s nobody out there to vote. Why don’t you think the voter turnout in 2014 was so low?

Ralph Nader: Right.

Harvey Wasserman: [00:19:41 inaudible]

Ralph Nader: Voter suppression. No one’s arguing the absence of voter suppression except for why the Democrats don’t make any bigger deal out of this in Republican States but it’s the flipping that’s premeditated crime after the vote precinct closes. That’s the premeditated crime that you claim you've documented and that is why I keep asking: this is an easy investigative opportunity for a journalism prize. It’s an easy prosecution. It doesn’t happen. Before I go further, what is your remedy? Do you think we should be like Canada? Canada, you have old-fashioned paper ballot, big country, by 11:00 PM, everybody knows in Canada the Northwest Territories, Quebec, you name it, Maritime Provinces who won and who lost. Why aren’t we like Canada? And are there kickbacks in the procurement area that have been prosecuted? Now, it’s often the easy crime with these voting machines being sold to high prices to government agencies. Can you cover that quickly?
Harvey Wasserman: Yeah. One is that the congressman - who was instrumental in pushing the Help America Vote Act, Bob Ney - he did go to prison for kickbacks and spreading these machines. Canada, Germany, Ireland, now. Ireland had an electronic voting. They got rid of it. Romania, Japan, all have hand counted paper ballots. In Germany, the hand counted paper ballots agree with the exit polls to within a quarter of 1% and that’s what we have now.

Ralph Nader: Okay.

Harvey Wasserman: …Hand counted paper ballots. You have universal automatic voter registration where everybody when you turn 18, when you get your driver’s license, your…

Ralph Nader: And – yeah. okay. So all these countries doing it the right way, especially Canada. Now, let me ask you this. Do you have any doubt that in Ohio in Florida in 2016 - they’re going to be closely contested between the Republican and Democratic presidential candidates; they’re controlled by the Republican Party; the governors are Republican; Secretary of States are Republican; everything's in place for another rerun - do you have any doubt that they’re going to steal the election if the Democrats are say, a half one or one percent ahead?

Harvey Wasserman: Well, they can definitely do it. There’s no doubt that they have the opportunity to do it. And what these guys do is, because they’re all anti-choice, you know, they justify doing it because they’re saving babies. That was Mike O’Connell’s line, the guy who ran the company of that flipped vote in Ohio in 2004. He would justify doing anything including flipping elections because he was saving babies from abortion. That’s the justification; and it can be done. There are some States where you have Democratic governors and Democratic Secretaries of State as well, but those aren’t the key swing states.

Ralph Nader: Is there such thing as electronic voting machine with paper verification and who has it?

Harvey Wasserman: They’re working on – well, they’re on one in California. It’s a fairly complicated set up. I suppose it could be done but it makes no sense to do it. It’s expensive. It’s complicated. Why not just cast hand counted paper ballots? And they have a justification in California, because there’s so many different languages spoken there, and they’re working on something there. But the bottom line is, there’s no reason not to have hand counter paper ballots. You do have some complications with people who are blind or have other disabilities. Those can be taken care of. That’s always what they hide behind is that, you know, you need electronic machines because of the disabled thing. Now, these things can be worked around. The bottom line is well, we want to have, Ralph, is a four-day National holiday, Saturday, Sunday, Monday, Tuesday where everybody is off work so that working people could vote. It’s a real hardship on a Tuesday, you know, people have to just leave work. That’s not right. You have a four-day national holiday, the polls are run. This is what we call the Ohio plan. The polls are run by college and high school students who get paid $15 an hour and senior citizens. They count the ballots at the end of the day and you have universal automatic voter registration. When you turn 18, you’re automatically registered to vote. That’s it. Why should we have to run drives to get people registered to vote? It should be automatic.

Ralph Nader: Harvey, let me ask you this question. There have been others, Johns Hopkins for example who have raised the flare of electronic voting machine frauds. I suspect there are at least three or four real specialists in this area that seemed to warn the public the way you are. Do they agree with you and have you ever brought them on an open letter or some sort of collaborative petition to the powers that be and release it to the press in order to put your flare at a higher level of visibility? How about the Johns Hopkins experts?

Harvey Wasserman: The Brennan Center in New York has confirmed that the voting machines are hackable. We’ve had a number of public hacks where computer experts have just gone, you know, flat out in front of the cameras, taken an electronic voting machine and, you know, made mincemeat out of them. And you got to remember, Ralph, that the machines now are 10 years old. All these machines were bought under the HAVA Act in 2003, 4, 5. The better the year – they’re both…

Ralph Nader: Yeah. But saying...

Harvey Wasserman: Yeah.

Ralph Nader: Like the Johns Hopkins specialists saying they’re hackable is different than saying they’ve been hacked at midnight after the voting precincts closed. Do any of these experts go all the way with you on your description of these crimes?

Harvey Wasserman: Yes. We have Ron Veyman and Steve Freeman and a number of other high level computer experts basically come out - this is the phrase they use, Ralph - it’s a “virtual statistical impossibility.” All the statistical experts who’ve looked at the – mathematicians and so on - who’ve looked at the flipping that went on in 2004 used the term “virtual statistical impossibility.” And so yes, and we had – for example, we isolated the 11 key swing states in 2004. And in all 11 States, except Wisconsin, which had a Democratic Secretary of State, in all 11 – in 10 of the 11 key swing States in 2004 where the election was decided, there was a red shift, a shift from Kerry to Bush. And two of those States, Colorado and Florida, they stayed in the Bush column. In four of the States, they stayed in the Kerry column, they didn’t shift enough. But in four of the States, they shifted from Kerry to Bush including Ohio. And those were the State that decided the election. And then…

Ralph Nader: Okay.

Harvey Wasserman: …every State petitioned who’s looked at…

Ralph Nader: Yeah. Let me ask you. Let me give you a chance. You have a multi-point reform program. Do you want to run that by very quick? Then I want to take this to our two jurors, David Feldman and Steve Skrovan, who must saying to themselves, “What’s going on here?” And would you be willing to answer the questions that come from our listeners who are as puzzled as I am why the Democratic Party doesn’t do anything, why nobody in the Democratic Party in an official capacity doesn’t do anything to State or local level, why there are no prosecutors, why there are no leading investigative reporters. This is the political story of the decade, easily in the USA and our listeners saying, “Is something wrong. We don’t understand. We want to ask Harvey Wasserman the question.” So run through your really interesting reforms and then I’m going to throw it to Steve and David to see what they’ve been simmering to say.

Harvey Wasserman: Okay. Well, if you want to ask the question it has – I will give you the program in a second. The one – the two people who are most responsible for not dealing with this are Al Gore and John Kerry. And you can ask, why these two guys have not followed up this. One gets a Nobel Prize, one becomes a Secretary of State and neither one of them have said a word about the elections that they actually won. And then, you know, our program of reform is very simple. Universal automatic voter registration, 4-day weekend for voting, universal hand counted paper ballots. And basically, that’s it. And the polls run by college students, high school students, 15 bucks an hour, senior citizens as well. And as you say, Ralph, it’s a big country but we can have a hand counted paper ballot decision by midnight. certainly on election day.

Ralph Nader: And any – has anybody put a bill in the State legislature or Congress reflecting what you just said?

Harvey Wasserman: No. Nobody wants to deal with this. Bernie Sanders has…

Ralph Nader: Not even – not even john Conyers, your friend?

Harvey Wasserman: No. No. Bernie Sanders has endorsed universal hand counted paper ballots. And he’s the only one that came forward.

Ralph Nader: Has he endorsed automatic registration?

Harvey Wasserman: I think he has actually. Tom Hartmann told me that he has done those two things.

Ralph Nader: Okay.

Harvey Wasserman: So I believe he has. But beyond that, no one is talking about it.

Ralph Nader: [MISSING]

Harvey Wasserman: Okay. And what kind of presence that you had on radio, TV? Have you been on NPR? Have you been Diane Rehm Show, Terry Gross? Have you been any of these NPR and PBS shows?

Harvey Wasserman: Ralph, we cannot get on NPR, the NPR station in Columbus, Ohio on this. They will not have us on.

Ralph Nader: Charlie Rose? Charlie Rose?

Harvey Wasserman: No. Nobody.

Ralph Nader: How about state NPR? Wisconsin’s got a good one. Have you ever tried that?

Harvey Wasserman: We’ll try them all. The book will ready in less than a month. We’re going to let you know if you want to help us…

Ralph Nader: Okay.

Harvey Wasserman: …with publicity. We’d appreciate it but…

Ralph Nader: Okay.

Harvey Wasserman: …we can’t even get a grant, Ralph. We can’t get any money at all to help us.

Ralph Nader: Okay. Before I – before I throw it to Stephen and David, give your website once again, indicate you’re willing to answer these questions from our very serious listeners. We have serious listeners. These are not people who suffer from justice fatigue and short attention span, Harvey. So are you willing?

Harvey Wasserman: Oh, of course. Absolutely. We would welcome @freepress – you can write at truth@freepress.org. You can go free press through our website and you can write me directly. I’ll give you my email which is solartopia, S-O-L-A-R-T-O-P-I-A, @gmail. I’d welcome any inquiries. And, you know, it’s beyond me why no one wants to cover this. It’s just too big if you – if you reveal and then if you lift the curtain on Wizard of Oz, everything falls apart. We are living in a total fraud. Even you, Ralph, you know, they continue to hammer you for daring to run in 2000. And no one will deal with the fact that the election was stolen. And, you know…

Ralph Nader: Yeah, I agree with that. What I don’t understand is why, with all the prosecutors, all the investigative reporters, all the media that likes sensational stuff and, you don’t deal in rhetoric, you’re very specific, nothing happens. So let me throw it to Steve and David. What are you thinking listening to this? This is a political crime of the decade, if what Harvey is saying is true.

David Feldman: Steve, can I go first?

Steve Skrovan: Go first, David.

David Feldman: I think when Reagan got elected, he said America should be run like a corporation and we’re being run by a corporation. The shareholders do not have a vote. So I’m not trying to be glib here but maybe we have to reform corporate America first before we get to vote. If you own stock in IBM, you don’t get any say in anything.

Ralph Nader: Steve?

Harvey Wasserman: Well, if you own a stock in America, apparently they’ll either…

David Feldman: Yeah.

Harvey Wasserman: And, you know, this is who is by the way three seven seats in 2014 were pretty sure were stolen and then just Kay Hagan in North Carolina. And she just walked into the – into the mist and didn’t say a word. We know she won.

Steve Skrovan: Harvey, as I listened to this, you make a lot of great points. But, you know, if I’m a juror and this is a trial, I’m hearing a lot of circumstantial evidence and I’m not seeing a smoking gun. What do you think the concrete, smoking gun evidence, the best evidence you have is to convince people. who are obviously not willing to – or are reluctant to even look at it – that this and that there’s a real, real problem here.

Ralph Nader: Especially on the midnight flipping, Harvey.

Harvey Wasserman: You’ve got 11 States and we have a screenshot of the CNN at 12:20 at night at 11 States, key swing states. Wisconsin is only one that didn’t shift. 10 of the 11 swing states electronically shifted from Kerry to Bush, including four that switched definitively from Kerry to Bush with electoral votes. But in all of 10 of the 11 States, you had red shift, 100% in the direction from Kerry to Bush. It’s a virtually statistical impossibility. I’ll can line up a thousand statisticians and maybe one or two of them will say, “It was random,” but there’s no way this happened as a virtual statistically impossibility without some kind of divine hand intervening here. But yeah, we do have a problem. These are black boxes, these are electronic voting machines. That’s why you want to have hand counted paper ballots. As long as you don’t have hand counted paper ballots, they’re going to be able to get away with this.

Ralph Nader: Yeah. But Harvey, listen. As what Steve was saying, you got midnight flipping. That means there are human beings that are basically changing the election results that close at 8:00 PM or whatever by finagling these electronic machines. Obviously, it takes more than one human being and if you’ve got a dozen who are involved in this cabal and it’s done in one State after another and election after another, there’s no whistleblowers? There’s nobody who leaks?

Harvey Wasserman: It’s doesn’t – it doesn’t take a dozen. It takes three. It takes the governor, the Secretary of State and the IT guy. That’s all that they…

Ralph Nader: And give me – and give me their narrative with each other after the precinct closes at 8:00. What would they say to each other in order to flip it?

Harvey Wasserman: They would say, “Gore and Kerry are pro-choice and will allow abortions to happen, therefore babies will die. Bush is anti-choice. He’s going to stop abortion. Therefore by flipping the election, we are saving babies’ lives.”

Ralph Nader: Okay. And I’m talking about the mechanics, not the rationale. The…

Harvey Wasserman: Although…

Ralph Nader: The governor says to the Secretary of State - he gives your arguments - and then he says, “Do what you have to do.” So you mean the Secretary of State then individually without any assistance flips votes in various precincts in Ohio?

Harvey Wasserman: No. What they do is they tabulate the – they tabulate the votes. They have to compile the votes. And so what happens then is that the IT guy, the person that has the contract -who's electronically counting the vote - hits a couple of key strokes. It takes about 60 seconds.

Ralph Nader: In other words, it goes from the Secretary of State to the proprietary software company that does the dirty job?

Harvey Wasserman: No, they would have hired an electronic compiler, a company that will…

Ralph Nader: Right.

Harvey Wasserman: …compile all the electronic results. So that’s what happened in Ohio…

Ralph Nader: Okay. And they’re the ones who get the directive – they’re the ones who get the order?

Harvey Wasserman: Yes, that’s how we think it happened in 2004. You have to remember in 2004, the electronic vote count for the State of Ohio was done on servers that were in the basement of a building in Chattanooga Tennessee on the same server farm that handled the email from the Republican National Committee and for Karl Rove. And the guy who did the electronic filing in 2004, Mike O’Connell, worked for the Bush family as well as having the contract with State of Ohio – a slight conflict of interest.

Ralph Nader: By the way, just tell our listeners, remind them how – what was the official vote disparity that got George W. Bush beating Kerry in Ohio in 2004, your home state?

Harvey Wasserman: Well, at 12:20 at night, John Kerry was ahead by 4.2% and we’re over 200,000 votes in Ohio. The election had been called for John Kerry in Ohio in 2004. That was at 12:20 at night. We have the screenshot from CNN. At 2 o’clock in the morning, the vote count, it went dark. The all vote count procedure went dark at 12:20. And at 2:00, they emerged with George W. Bush winning by 200 – 2. 5%. And initially, it’s 130,000 and it came down to 118,775 votes. That was the…

Ralph Nader: Right.

Harvey Wasserman: …official final margin for George W. Bush, even though 250,000 votes are still to this day uncounted from the Ohio 2004 election.

Ralph Nader: There were really shenanigans in Ohio and, you know, like in Oberlin somehow the lines were very long and people couldn’t wait three, four hours because that was a heavily Democratic precinct. Yeah, we’ve heard that. Harvey, we’re running out of time but we – this is going to be continued. This has got to be pursued. Two points. One is: the Democrats engage in shenanigans. This Iowa caucus where Hillary apparently squeaked through ahead of Bernie - Bill Curry who writes this political column for Salon, says that Bernie won the popular vote there. And the Iowa Democratic Party doesn’t want to release certain details because they favor Hillary. And of course, we know what is going on historically in Chicago, in the old days, and phony voting and under the political machines here and around the country. So, you know, there are books written on the history of stolen elections in American past. So we’re not trying to say, you know, this can’t happen. But let me ask you one question. Finally, and we’re going to continue this in coming programs and I hope the listeners will really, not only ask questions but say, “I know a prosecutor who’d bring something like this case.” Have you ever been publically cross-examined by a tough inquisitor who knows about voting machines, proprietary and the history of voting in America? And would you be willing to expose yourself to that public cross-examination?

Harvey Wasserman: Of course, I love it.

Ralph Nader: Okay.

Harvey Wasserman: And don’t think it’s – that what used to go in Chicago - let’s look at how Rahm Emanuel allegedly got elected in Chicago. This is one of the reasons the Democrats don’t want to touch this, because they want to defend themselves against exactly what happened in Chicago which is a renegade leftist that they couldn’t control. And so, you know, it’s not…

Ralph Nader: So they both want to take advantage of these voting machine shenanigans. But my skepticism is: there’s got to be some honest people inside these parties, inside the media, inside the prosecution world, who basically say, “No, we’re not going to go along with the theft of democracy in the United States that has such serious consequences.” Listen, Harvey Wasserman, tell our listeners how they can reach you and we’re going to have to conclude, because we’ve run out of time.

Harvey Wasserman: Okay. It’s at freepress.org. You can write to us at truth@freepress.org or write to me, Harvey Wasserman at solartopia@gmail.com, S-O-L-A-R-T-O-P-I-A @gmail.com, and we are happy to answer any and all questions.

Ralph Nader: Thank you very much, Harvey Wasserman. If listeners wonder about Solartopia, Harvey Wasserman has been for years a major opponent of nuclear power and a major proponent of solar energy. Thank you very much, Harvey. To be continued.

Harvey Wasserman: Thank you, Ralph and thank you, guys. We’ll be back.

Steve Skrovan: We’ve been speaking with Harvey Wasserman, co-author with Bob Fitrakis of the upcoming book, The Strip & Flip Selection of 2016: Five Jim Crows & Electronic Election Theft.
Go to freepress.org for more information. We’re going to take a short break and come back and answer some listener questions. You're listening to the Ralph Nader Radio Hour. Back after this.
Russell Mohkiber: From the National Press Building in Washington, DC. This is your Corporate Crime Reporter Morning Minute for Wednesday, March 2, 2016. I’m Russell Mohkiber. Aubrey McClendon, the former CEO of Chesapeake Energy has been charged by a Federal grand jury with conspiring to rig bids for the purchase of oil and natural gas leases in Northwest Oklahoma. The indictment alleges that McClendon orchestrated a conspiracy between two large oil and gas companies to not bid against each other for the purchase of certain oil and natural gas leases in Northwest Oklahoma. During this conspiracy, the conspirators would decide ahead of time of who would win the leases. The winning bidder would then allocate an interest in the leases to the other company. Federal prosecutors said that McClendon formed and led a conspiracy to suppress prices paid to leaseholders in Northwest Oklahoma. His actions put company profits ahead of the interest of leaseholders entitled to competitive bids for oil and gas rights. For the Corporate Crime Reporter, I’m Russell Mohkiber.

David Feldman: Welcome back to the Ralph Nader Radio Hour. Don’t forget to go to nader.org and subscribe to Ralph’s weekly column. Ralph, we got a lot of positive feedback last week from your obvious question. Do you have an obvious question for this week?

Ralph Nader: Yes. These are obvious questions that are almost never asked. And that doesn’t mean there are no answers, it’s just that our culture doesn’t go to that level. And to ask the obvious question that’s never asked, you have to ask some preliminary questions that are often asked. So I’m going to direct this obvious question that’s never asked to Steve Skrovan, because last week, we asked you about music, David. And this week, I want to ask Steve the following preliminary questions.

Steve Skrovan: All right.

Ralph Nader: So Steve, you are a comedian.

Steve Skrovan: Some say, yes.

Ralph Nader: Yes. Yeah. When you go to Yale for the alumni reunions, you’re the star. You’re on the stage, you’re making them laugh. Do you like comedy?

Steve Skrovan: Yes, I do.

Ralph Nader: And do you like humor?

Steve Skrovan: Yes, of course.

Ralph Nader: Do you see any difference between the two?

Steve Skrovan: Between comedy and humor?

Ralph Nader: Yeah.

Steve Skrovan: Well, usually – and David should probably back me up on this - in our circles within the fraternity, if you call somebody ‘comedian’ that means they’re funny. If you call them a humorist, that means they’re not that funny.

Ralph Nader: And, you know, what kind of comedy do you like? There are all kinds of different categories.

Steve Skrovan: I’m partial to the kind that makes you laugh.

Ralph Nader: But you wouldn’t say that you prefer satire to standup fluff?

Steve Skrovan: Well, whatever makes me laugh is going to probably have a certain characteristic. If it’s too fluffy or something what we call in the business ‘hacky’, I’m not likely to laugh. And again, David will back me up. It’s tough to make comedians laugh. We generally – if we hear something funny, we don’t even laugh. We just say to the fellow comedian, “That’s funny.”

Ralph Nader: And did you think Bob Hope was funny? He was the famous comedian on radio years ago and his jokes were never more than two or three lines long.

Steve Skrovan: Right. Well, I mean he was probably funny in the context of his times and the context of his generation. I know he was very funny and still is in his movies playing sort of this pre-Woody Allen type character in his movies. I mean Woody Allen actually said that he was a big influence, Bob Hope was a big influence on his own movies. But just like in athletics, there is a – there’s a context of time and space.

Ralph Nader: So they wouldn’t be as funny today for example. What do you think of George Carlin’s type of comedy?

Steve Skrovan: George Carlin, I grew up on George Carlin. If you really listen closely to his comedy, especially the early years and even into the later years too that still was a theme for his, it was a lot about language, lot about word play. He had been compared to H.L. Mencken a lot.

Ralph Nader: Yeah.

Steve Skrovan: In his later years, he got very political, very bitter actually, too. So he always had – he was always interesting in the later years. He wasn’t always laugh-out-loud funny.

Ralph Nader: Would you agree, Steve Skrovan, that comedy is big business in America?

Steve Skrovan: Sure.

Ralph Nader: And would you agree that at least 10 times more television time is devoted to comedic shows and comedy, and comedic talks interviews then is devoted to serious important talk that affects the wellbeing of the American people.

Steve Skrovan: You know, I don’t know what the statistics would be on that.

David Feldman: Yes.

Steve Skrovan: David wants me to say, “yes.” I would say the more effective shows that deal with the political situation are comedic shows. I mean, there’s - listen of CNN, MSNBC, Fox, everything in between. They devote a lot of hours to supposedly serious talk. But for me, it’s the comedic shows, the Daily Show, John Oliver, the Colbert rapport, and this new show of Samantha Bee ‘Full Frontal’, I think they deal with it much more effectively, and they ask questions that the others don’t.
Ralph Nader: By the way, listeners, we’re talking with Steve Skrovan who was a prime scriptwriter for the successful TV show ‘Everybody Loves Raymond’. All right. So you like to make people laugh, right?

Steve Skrovan: I do.

Ralph Nader: Okay. Here’s the obvious unanswered question. Steve Skrovan, comedy is big business in America. Humor fills all kinds of books and tapes. You are a comedian.

Steve Skrovan: Uh-hmm.

Ralph Nader: And you say it only works when you make people laugh.

Steve Skrovan: Uh-hmm.

Ralph Nader: Here’s my question.

Steve Skrovan: Yes.

Ralph Nader: Why do you want to make people laugh?

Steve Skrovan: I think I want to make people because when they laugh, that’s kind of a mating call. People can’t laugh when they’re confused or bewildered or don’t understand something. So when you hit a joke right and they laugh, that is a point of clarity. Every laugh is a point of clarity, so you know that you have gotten through to somebody. I find that just a very powerful thing to be able to express yourself that way. And it's been proven over my career and lifetime, everybody wants to be funny and I think they want to be funny because that’s a very powerful thing to be.

Ralph Nader: Well, you mean in humor, there is truth to take the old adage?

Steve Skrovan: Of course.

Ralph Nader: Are you going that – are you going that far functionally?

Steve Skrovan: I would – of course. I think yeah, there’s got to be some truth to that and there’s a lot of power in truth.

Ralph Nader: Well, and what do you think of people who say, “I want to make people nervously laugh”? Like you have a lot of adolescents who constantly “heh, heh, heh, heh,” you know, doesn’t react to any joke or anything. It’s just nervous laughter. Do you think that that’s good thing?

Steve Skrovan: Well, nervous laughter can be a product of touching on a subject that is taboo. And there can be a lot of value in that, sure.

Ralph Nader: Good. Well, I think this is an interesting exchange. I think people ought to ask one another why are they paying so much money to make people laugh. Because laughter is big business and it’s a profitable business and they automatically say it’s a good thing and they ought to ask themselves, “Why do they think it’s a good think?” And if it’s too much of a good thing, Steve Skrovan…

Steve Skrovan: Uh-hmm.

Ralph Nader: It can drive out more serious exchanges and more serious time and more serious attitudes. In other words, a society can be inebriated with manufactured laughter.

David Feldman: Uh-hmm.

Ralph Nader: One last question.

Steve Skrovan: Yes.

Ralph Nader: And that is this, in what context is laughter the most intense and draining of a person? When they are laughing with their own friends or when they watch a TV comedic show? What’s the most intense laughter? And there have been studies showing that real intense, prolonged laughter is like physical exercise, literally.

Steve Skrovan: Well, the intenseist is when you're seeing it live and you’ll know – and David will back me up there again, you know, the people in front are laughing harder than the people in the back. And that’s not because the joke got less funny as it traveled back to the room. It’s because it’s really predicated on intimacy. So it’s very hard to make people laugh on television because they are way – that television is essentially - you’re way in the balcony there.

Ralph Nader: Is what you’re saying is that when you’re with friends, you have reached higher gales of laughter by far than you ever have watching a comedic show?

Steve Skrovan: Probably yes. Yeah, sure.

Ralph Nader: Yeah. That’s my experience too. Yup.

Steve Skrovan: Sure. Because there’s intimacy and there’s also shared knowledge and culture you have between you that is easily shorthanded.

Steve Skrovan: So I’m all for amateur laughing, more amateur laughing in communities, neighborhoods, homes. And stop funding all these fantastically expensive shows, which you fund through the advertising that they sell you.

David Feldman: Amen. Well, hang on.

Steve Skrovan: Wait a minute. Wait a minute, you. That’s our business!

David Feldman: Ralph, I’m trying to keep my mouth shut here but I didn’t call him this term “cheap grace.” I know Adam Clayton Powell’s father had written about cheap grace and I’ve told audiences, “You don’t deserve to laugh.” You know, when you talk about a wavy issue and then they laugh, it’s cheap grace. It’s like you’ve laughed it off and now you can forget about it. That’s the danger I think of political satire is that, “All right, I brought up something. We all laughed about it. Now, let’s get back to our lives.”

Ralph Nader: And, you know, Jon Stewart who was under no illusion that he said, “If you think watching my seven-minute segment is going to inform you about today’s news, then you're not thinking right.” So he had no illusions. But you’re right. You know, the millions of young people watch these political satire shows and it’s like, “Hey, look at that.” They make fun of the big boys and – in Wall Street and nothing happens after that. They don’t move from satire to any kind of
engagement politically in their own right. Anyway, this is a conversation that can be extended in future hours, but so we do want to get to some of our listener questions.

Steve Skrovan: Yes. We promised listeners questions. I'll take the first one since…

David Feldman: That was fun.

Steve Skrovan: Yes. And I don’t feel like I’m being…

David Feldman: We don’t – America – we don’t deserve fun, Ralph.

Steve Skrovan: Yes.

David Feldman: This was cheap grace.

Ralph Nader: We’ll see what the listeners reaction is to this one.

Steve Skrovan: All right. This first question is from Michael Pappas. And he was listening to last week’s show and he said, “I’m a second year student at Georgetown Medical School and was listening to your most recent radio hour.” He listens every week. Thank you. And he thought the coverage in the beef products was a good and crucial topic. But what he thought what was left out was that the huge environment impact of beef consumption and animal consumption in general, meaning in relation to water usage and global warming. And he brought up the documentary ‘Cowspiracy,’ which has been going around that talks about how animal agriculture causes more greenhouse gases than transportation. So he says, you know, “How come we eat meet knowing all of that?” And that’s kind of a question I tried to ask Denis Hayes things last week.

Ralph Nader: Well, on behalf of Denis in his book that he does talk about the global warming effect, the enormous amount of methane that comes from cow waste and the enormous consumption of water. I don’t have the right figure, but next time you eat a hamburger folks, it’s tons of water are required to take that hamburger to your dinner table from the corn that's grown and the drinking of the cattle, et cetera. Denis did cover it, and we didn’t spend too much time on that unfortunately in the program. So I’m glad that the student from Georgetown Medical School raised it.

Steve Skrovan: Take the next one, David.

David Feldman: This next question comes from Gerald Johnson. He writes, “Mr. Nader, you warned listeners against using credit cards. I use a credit card to pay for almost everything I buy. My card charges no annual fee and pays me at least 1% cash back every month on all purchases. I pay my monthly balance in full every month and never pay a penny in interest. I don’t have to carry cash, and the credit card is paying me several hundred dollars each year to use their card. Why won’t you endorse the use of credit cards for intelligent users?”

Ralph Nader: Because you’re exposing your privacy to a worldwide intrusion, misuse, including formal ways like credit scores and credit rating. And if you’re complaining off into an auto dealer for example or some other business and you press your complaints, then their last resort is to say, “You know, if you keep going this way, you’re going to damage your credit score. You’re going to damage your credit ratings.” So I don’t like that. The second is, the credit economy is inflationary. It induces impulsive buying, maybe not with our caller. But generally speaking, it does. And also, there’s always a percentage that’s added on to the retail price that your vendor has to transfer eventually to you, of course. And finally, I think we’re only seeing the beginning of the chattels around consumers from a total immersion in the credit and debit economy. And not only going into deeper and deeper debt, but also being flimflammed like, you know, I get 1% cash back. Yeah, but how much do they take from you before they give you a fraction of it back? It’s like the old Green Stamps. So we have to judge all this and the caller may like it this way. The caller may not worry about privacy, worry – not worry about credit rating, not make complaints that would generate lower credit score behind his back with unknown criteria. He may not object to all that. But I think a lot of people do. And that’s why favor as much as possible paying cash. And I think if cash payers organize, they can get discounts at Main Street all over America. I mean, you could do this and Consumers Union wanted to do this years ago. It didn’t get that far. But you’d have label on the window of a retailer saying, “We discount cash purchases.” I just read a story where people are getting significant discounts, if they pay cash for healthcare. And I mean, you know, 70, 80% in some cases. So it’s up to you how you want to interact with the modern economy.

David Feldman: Okay. I think we have time for one more question. This comes to us from Tim Harjo and he says, “It’s my understanding that there are several food processing plants in Clinton, Michigan, some include Vlasic and Frito Lay Incorporated. These products are sold nationwide. Have they used Flint water in their products? If so, have these products been tested? If these companies knew about the water, why didn’t they raise the alarm?

Ralph Nader: Excellent question. That’s another source of public alert that didn’t materialize. General Motors knew about the corrosion of their engine parts from the Flint River water and they switched sources and they did an osmosis test, and they didn’t alert the public. And by the way, my letter challenging GM about that was answered just recently by a GM official, who said that they didn’t test for lead. Well, if you do an osmosis test, it’s hard not to test for lead. They said they just test for a certain corrosive ingredient that affected their engine parts. My best answer to this caller is that these food companies usually have their own water decontamination processes. Like if you buy Coca-Cola, Coca-Cola claims that the water that they use for the drink goes through activated carbon systems and that if anything, they’re cleaner than your regular drinking water which has to go through pipes. So the question about Frito Lay and others is why didn’t you alert the people of Flint, because you automatically have to test your water when you're engaged in food processing just to cover your own risk pattern and liability?

Steve Skrovan: And that’s our show. Thank you for your questions. Keep them coming either on Ralph’s Facebook page or on the Ralph Nader Radio Hour website. I want to thank our guest today, Harvey Wasserman whose upcoming book in electronic voter fraud is The Strip & Flip Selection of 2016: Five Jim Crows & Electronic Election Theft.

David Feldman: A transcript of this episode will be posted on ralphnaderradiohour.com.

Steve Skrovan: For Ralph’s weekly blog, go to nader.org. For more from Russell Mohkiber, go to corporatecrimereporter.com.

David Feldman: Remember to visit the country’s only law museum, The American Museum of Tort Law in Winsted, Connecticut. Go to tortmeseum.org. I think I’m going to go visit there April 2nd, Ralph.

Ralph Nader: You’re welcome.

Steve Skrovan: The Producers of The Ralph Nader Radio Hour are Jimmy Lee Wirt, Matthew Marran. Our executive Producer is Alan Minsky. Our theme music, “Stand up, Rise up” was written and performed by Kemp Harris. Join us next week on the Ralph Nader Radio Hour. This was a lot of fun. Talk to you then, Ralph.

Ralph Nader: Thank you very much, Steve and David and listeners. This is your chance to help make this electronic voting machine scandal a major news item before the election. It goes to my point about this program. We can make it happen, but only you can make it effective.
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Re: Ralph Nader Radio Hour

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RALPH NADER RADIO HOUR EPISODE 195: The Difference Between Liberal and Progressive
December 9, 2017



Ralph and Washington Post columnist, E.J. Dionne debate the distinction between “Progressive” and “Liberal,” and Original Nader’s Raider, Robert Fellmeth tells us why he thinks speech on the Internet should not be anonymous.

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E. J. Dionne writes about politics in a twice-weekly column in the Washington Post and on the Post Partisan blog. He is also a senior fellow in governance Studies at the Brookings Institution (https://www.brookings.edu/), a government professor at Georgetown University and a frequent guest on NPR, ABC’s This Week and MSNBC. He is the author of seven books, the latest of which is “One Nation Under Trump: A Guide For the Perplexed, the Disillusioned, the Desperate, and the Not Yet Deported.”

“I don’t see the same sharp distinctions between the center/left and the left right now in the U.S. or – as you put it – between liberals and progressives. For example, take the issue of universal healthcare. Some of my progressive friends say that only single-payer is the way to go. I have nothing against single-payer. It’s a system that works in many countries. I also think that universal coverage that would essentially treat the health system as a public utility, which is kind of what you do in Germany or the Netherlands – that that would work as well. I think we should have a healthy argument about what’s going to work better, not some argument that says only single-payer is the way to achieve universal coverage.” E.J. Dionne

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After helping Ralph investigate the Federal Trade Commission as one of those original “Nader’s Raiders,” Robert Fellmeth became an attorney for the Center for the Study of Responsive Law, Ralph’s office in DC. In 1980, as a University of San Diego Law School faculty member, he founded that school’s Center for Public Interest Law. He is also the founder of the Children’s Advocacy Institute, one of the nation’s premiere academic, research, and advocacy organizations working to improve the lives of all children and youth, with special emphasis on reforming the child protection and foster care systems and improving outcomes for youth aging out of foster care.

“People talk about the right to speak and free speech on the utterance side. But that’s only one part of it. The other part of it is the right of the audience to weigh the credibility of the speaker. Who is that? What are their biases? What’s their expertise? The first amendment is not just defending the right of people to bleat, to make noise. It has a purpose in terms of ascertaining the truth, and developing the points of view, and educating people. And the identity of the speaker is critical to that function.” Robert Fellmeth

Love Me, I'm a Liberal
by Phil Ochs
Phil Ochs Jukebox

(In every American community, you have varying shades of political opinion, and one of the shadiest of these is the liberals. An outspoken group on many subjects, 10 degrees to the left of center in good times, 10 degrees to the right of center if it affects them personally, so here then is a lesson in safe logic:)

I cried when they shot Medgar Evers
Tears ran down my spine
And I cried when they shot Mr. Kennedy
As though I'd lost a father of mine

But Malcolm X got what was coming
He got what he asked for this time
So love me, love me
Love me, I'm a liberal
(Get it?)

I go to civil rights rallies
And I put down the old D.A.R.
(D.A.R., that's the dykes of the American Revolution)
I love Harry and Sidney and Sammy
I hope every colored boy becomes a star

But don't talk about revolution
That's going a little bit too far
So love me, love me
Love me, I'm a liberal

I cheered when Humphrey was chosen
My faith in the system restored
And I'm glad that the commies were thrown out
From the A.F.L. C.I.O. board

And I love Puerto Ricans and Negros
As long as they don't move next door
So love me, love me
Love me, I'm a liberal

Ah, the people of old Mississippi
Should all hang their heads in shame
Now I can't understand how their minds work
What's the matter, don't they watch Les Crain?

But if you ask me to bus my children
I hope the cops take down your name
So love me, love me
Love me, I'm a liberal

Yes, I read New republic and Nation
I've learned to take every view
You know, I've memorized Lerner and Golden
I feel like I'm almost a Jew

But when it comes to times like Korea
There's no one more red, white and blue
So love me, love me
Love me, I'm a liberal

I vote for the democratic party
They want the U.N. to be strong
I attend all the Pete Seeger concerts
He sure gets me singing those songs

And I'll send all the money you ask for
But don't ask me to come on along
So love me, love me
Love me, I'm a liberal

Sure once I was young and impulsive
I wore every conceivable pin
Even went to the socialist meetings
Learned all the old union hymns

Ah, but I've grown older and wiser
And that's why I'm turning you in
So love me, love me
Love me, I'm a liberal
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Re: Ralph Nader Radio Hour

Postby admin » Wed Sep 04, 2019 8:04 am

RALPH NADER RADIO HOUR EPISODE 283: Mike Gravel
August 10, 2019

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Jimmy Lee Wirt: This is Jimmy Lee Wirt producer of the Ralph Nader Radio Hour with a note for our listeners. Our interview with Senator Mike Gravel was recorded before he dropped out of the Democratic primary to endorse Bernie Sanders.

Steve Skrovan: Welcome to the Ralph Nader Radio Hour. My name is Steve Skrovan along with my co-host David Feldman. How are you today, David?

David Feldman: Fantastic.

Steve Skrovan: And the man of the hour Ralph Nader. Same to you Ralph. How are you?

Ralph Nader: Good. Ready for a great show.

Steve Skrovan: We do have a great show today. We welcome former Senator and 2020 Presidential Candidate, Mike Gravel. Senator Gravel has a long history as an anti-war voice during the Vietnam War era. He's also noted for reading The Pentagon Papers into The Congressional Record at a time when the Nixon Administration's FBI was putting enormous pressure on the press to quash them. And as a candidate running today, Senator Gravel has been excluded from the [2020] Democratic Debates on CNN because he only met one of the qualifying criteria laid out by the Democratic National Committee. He met the donor qualification but did not meet the polling threshold. You have to be receiving 1% in three separate national polls. Apparently other candidates who have been allowed on the debate stage have also only met one criterion. According to Truthout that would be Bill de Blasio, Tim Ryan and Michael Bennet, but only Gravel has been excluded. What is the DNC afraid of? Maybe it's his platform, which includes abolishing the Electoral College, 12-year terms [limits] for all federal judges, statehood for Puerto Rico and DC, housing as a human right, requiring corporations to be chartered at the national level, not just Delaware and at not at the state level. We're going to dig into all that with him. And as always, at some point, we'll head over to the National Press Building in Washington, D.C., to get The Corporate Crime Report from our trusted Corporate Crime Reporter, Russell Mohkiber, but first let's hear from Mike Gravel. David?

David Feldman: Mike Gravel represented Alaska in the U.S. Senate from 1969 to 1981. During the Vietnam War, he made forceful attempts to end the draft. He is probably most well-known for reading The Pentagon Papers into The Congressional Record, thereby lending them official legitimacy. A staunch advocate of direct democracy, he left the Democratic Party in 2008 to run on the Libertarian Party ticket in order to introduce these ideas into the national debate. And he’s running again in 2020 in the Democratic Party but has been shut out of the debates. Welcome to the Ralph Nader Radio Senator Mike Gravel.

Mike Gravel: Thank you for having me.

Ralph Nader: Mike you qualified by getting over 65,000 donors--the rule of the Democratic
National Committee gets you on the presidential primary debate. But the other criterion was you had that, have 1% or more support in three national polls, and the first one you did and the last two you didn't, because they didn't put your name on the poll! So here again, another shenanigan by the Democratic National Committee. Are you going to be able to make it to the next debate?

Mike Gravel: No, no, because what they've done, they've now doubled the amount of donors and I'm sure that they'll put some kind of barrier with respect to the polling. But no, they are not playing with a full deck and I well knew that they didn't want me on the debate, but we won anyway because of the amount of attention that my candidacy had under the leadership of two teenagers in Westchester who’ve been running the whole show.

Ralph Nader: That's right. It was a featured article in The New York Times Magazine on June 6, 2019 how these two teenagers said, "Hey, you know, Mike Gravel. He has the most fundamental pro-democracy reform platform of anybody in the country; he’s thought about it--direct democracy, all kinds of reforms, getting rid of the Electoral College, having elections fairer, ranked voting” I'm reading from the list here. And then you go into “ending the nuclear arms threat, pushing non-aggression or peace abroad, developing a Department of Peace, not a Department of War and opposing all kinds of corporate-power shenanigans.” And these two teenagers, two teenagers…

Mike Gravel: Ralph, Ralph, that's the shortlist.

Ralph Nader: Yeah, that's the shortlist. One [of the teens] is 18 and one is 19. I guess one is going into the second year at Columbia University and the other one is taking a year off before he goes to Oxford. And they’re out of Westchester County in New York. And they've been doing this whole thing. Right?

Mike Gravel: Totally, totally I've done nothing, but just travel. I'd respond to interview requests, which were quite a large number; I was averaging about two or three a week.

Ralph Nader: And that's really something for someone who's into fundamental reform. Why don't you explain your idea of fourth legislature and you've consulted with prominent constitutional law professors here; you've done a lot of your homework. This isn't just something you dreamt up. But explain to our listeners, what you feel the problem is today with American so-called democracy and what your fourth legislature is all about?

Mike Gravel: Well, I've been at it for the last 25 years, and now have got it down into a very, very precise form. What it is, I've landed on a process to create and operate a Legislature of the People where all people would be able to participate in a deliberative process to be able to make laws directly. The first problem is, of course, to get this enacted into law. And so, what I lay out is a process based upon Article VII of the Constitution, wherein people vote directly to empower themselves to make laws. This election is conducted by a group of volunteers who just happen to call themselves “Philadelphia Two”. The reason why it has to be volunteers because you can't involve the government in any way because the government would sabotage the process. So, it's very simple. We had a technology to ask people today: Do you want to become a lawmaker? And if a sufficient number of people say, yes then it becomes a law of the land. The standard for this is the number of people who voted in the last presidential election, the popular vote. And so, if we meet that standard or above then we declare the law of the land and people are then able to submit proposals to make laws. They submit the proposal by making a request. Now here, let me back up. Once this is created it is created by a constitutional amendment and the amendment follows the precedent of Article VII. So, when the people vote for the amendment, Section 2 of the amendment states, that the fact that people vote for this, they sanction the legality of the vote straightaway. In addition to sanctioning, the first item is of course, approving the powers of the people to make laws. The second is sanctioning the election. The third one is creating a “Citizens' Trust” that will then implement the procedures that are enacted into law parallel with the amendment; you have a law that lays out very detailed deliberative procedures to bring about the lawmaking. The next item is the fact that we appropriate the money to do this, in the constitutional amendment, mind you. And that money is an amount equal to what's appropriated to the Congress every year. And so that would be appropriated to the Legislature of The People. And then the next thing, the people able to introduce legislation would have to be an actual person. So, we do away in one backhanded stroke, with the corporate personhood and everything that that represents. So that's the amendment to the Constitution and the parallel legislation is the procedures that I copied from the Congress from my own experiences as Speaker in Alaska. And it's just a detailed process of the hearing, the drafting, the markups, the election. Now, the voting for laws, would take place over one week's time, 24 hours a day and you could vote from anyplace in the world and it would be with the newest technology. At the time that the legislation is qualified, what happens is you open up a website and all of the activity surrounding the individual website for each law that is proposed is continuous and is totally transparent. It's a process so far superior to any lawmaking done in Congress or any legislature of the country.

Ralph Nader: What if Congress tried to stop this before….?

Mike Gravel: They can't because it's an amendment to the Constitution. Here Congress could say well, they can't make laws. Well, if you've already got the people in the country voting for this 80 million, a 100 million people voting, you just declare it the law of the land, which is exactly what happened under Article VII of the Constitution, declaring that the people who voted for the amendment or ratification, it became the law in those 9 states. So that's all we're doing is just copying the precedent set by the creation of our own government.

Ralph Nader: Who would launch this? Give us a concrete? Would it be 10, 15 people?

Mike Gravel: No, what we did in the concrete is, suppose you and your friends joined with me, say 20, 30 people and then we go out and have to raise the money. Now this election I'm talking about would cost several hundred million dollars, just like a presidential election. And so, we would have to raise that money. But let's say some 1 person, who happens to be a zillionaire with a good heart and wants to see something change, well, s/he could turn around and fund this whole operation. And you see there's no limitation; the election being conducted has to be totally transparent. If it's not, it won't have any credibility with the people and the people will just not vote. But once the people realize that you have a transparent election being conducted outside of a government; now this group of people wouldn’t even organize as a nonprofit because using a nonprofit we might be sabotaged by the corporation or rather the state that grants the nonprofit license. So, they would just come together and operate under Roberts Rules of Order and then proceed to raise the money and conduct this national election, which will permit the people… see what you're doing is you're giving the people the opportunity to vote to enact this amendment.

Ralph Nader: By the way listeners, back in 1787, when a hundred of those men--they were all white males--assembled in Philadelphia in that hot, big room to draft the Constitution, nobody elected them really, other than themselves and their people. Many of them were rich. And then the Constitution, as it was proposed, out of that big, hot room of 1787, went back to the states for ratification; Connecticut being the first, it was the state legislature and there was a vote to ratify it. And what you're saying, Mike that same process can occur today?

Mike Gravel: Yes, it can. Yes, it can. And here, there’s nothing in the Constitution that says the people can do this. There's nothing in the Constitution where the elites have equipped the people to be able to make laws. They purposely left the people out of the equation because they knew the people would not accept slavery. And the whole issue at the foundation of our country is slavery and then the genocide that took place of the indigenous people. So, this process is all resting on the fact that you're asking the people and if the people respond to this transparent process--when I say transparent--everything, all the money that’s raised, who's running it, who are employed and all of that is known and visible. Because the key to the success of this is the acceptance by the people and thereby voting for this; this is the same thing. The key to the acceptance of the creation of our country took place by the conventions, not the state legislatures, not the federal government, but conventions of state legislatures that voted for the ratification of the Constitution. And by that vote, they created our country today. And the same process would exist, that the people who vote for this, by that vote, will create a Legislature of The People, and the legislature will be totally independent of government. The legislature will be able to make laws; the government would be able… See the government has monopoly on lawmaking today. And so, this would break up that monopoly. Now, supposing you had a conflict, that the people voted for one law and the legislature changed the law? Well, they would only do that once, because you see, when the people come into the operation of government as lawmakers, they become the senior partners, and if any facet of government were to not behave, they could be destroyed.

Ralph Nader: By the way, for listeners east of the Mississippi, there are 23 states, most of them west of the Mississippi, that have the direct-democracy right in their state constitution, to initiate referendum recall; people can put laws on the ballot and propose laws on the ballot and pass them or they can repeal existing laws or they can recall incumbent state legislators. So, there's that tradition to work off. Let's follow it up. Let's say this people's legislature passes something and senators sue and take it to the U.S. Supreme Court and the Supreme Court says what you're doing, people's legislature, is unconstitutional. Then what happens?

Mike Gravel: Well, first off, there's nothing in the Constitution that limits it. Now, you're right, they probably would sue and they would go to the Supreme Court, but the Supreme Court has no power to negate this process. The Supreme Court can turn around and interpret the law; they can't change the law. They can interpret the law and by their interpretation is how they effectively change the law. So, the Supreme Court is out of the picture. The Congress is out of the picture. Here we are appropriating money by constitutional means; now that's never been done. And so, in the Constitution when you have an amendment to the Constitution appropriating the money to fund the Legislature of The People… You see, what happens is that it becomes a constitutional moment. That is, will the will of the people, expressed in a totally transparent election, be overridden by the Congress? Well, the same thing existed in 1788. And that's when the conventions of nine states ratified the Constitution. It became the Constitution of those nine states, and then it just propagated itself forward. Well, the same thing would happen here. Once you have, let's say, the majority of the people who voted in the last election plus maybe another 10, 20 million people in addition that voted for this and the organizers declare it the law of the land, now you have a constitutional moment. Will the Congress supersede the will of the people, as stated is this constitutional amendment or will they not? And in 1788, what they did is they caved in; the opposition, caved in because the confederation was falling apart. They agreed because it was literally the only way to save their interest. Now, will that give us same thing in this regard? I think it's possible, whereas the numbers of people voting is so overwhelming, that the body politic won't have any credibility in order to try and stop it. What we are doing is taking Article I--the First Amendment says that the people have a right to assemble. Well, an election is the assembly of people. That's what it is; you come together and you express a view on something that's under the Constitution. The rest of it is all done voluntarily without the government being involved.

Ralph Nader: Well, the concentration of power in this country in a few hands, has gotten so extreme--economically, politically, culturally, media--that something fundamental has to rise up from the wellsprings of the people of this country. Do you think people are up for this? I mean, you know, half the people don't even vote in presidential elections; it's even worse in congressional elections off year. It's hard to get people to show up at town meetings. You think people are up for this Mike?

Mike Gravel: Well, we don't know. I think that they are. But the reason why we have people not getting involved [is] what's the point of getting involved? Here, you get involved and you vote for some people to change and nothing happens, then you get another vote… here, just listen to the gaggle of comments made by the presidential candidates and harken back to the gaggle four years ago and eight years ago and 12 years ago--nothing changed. It's that old French saying, “plus ca change, plus c’est la meme chose.” [The more things change, the more they stay the same,] That's what's going on.

Ralph Nader: Well, you know, it is amazing on the presidential debate, Democratic primary, the other day, some of the people who call themselves moderates were taking on Bernie Sanders [and] Elizabeth Warren, for the presumption of assuming that we can have full Medicare for All, everybody in and nobody out, free choice of doctor and hospitals like they have in Canada, at half the per capita price. I mean, that's how low the expectation level is for the protection of the American people with full Medicare that exists in over 40 countries in the world, including Canada. So, I don't know whether people are up to it. How do they even find out about it? In a moment, we're going to tell you listeners, how you can get the Gravel 2020 platform--domestic and foreign policy. It runs over 20 pages, very clearly written. But how do people even find out about it when you have the corporate media in charge?

Mike Gravel: Well, but that's the point I made Ralph, that when you get this group of people, your friends and my friends that are about to begin conducting this election, you have to raise some serious money. Now the founders, they were able to do this because they were the elites. But they badgered the state legislatures of the Confederation to set up these conventions so they could ratify. What we need is to raise the money to go out and conduct this election. Now, the election is totally transparent; I mean, this is not rocket science. We have the technology to record everybody. And once this election is done, and you have the Trust in position, then of course, all of the elections conducting the enactment of laws in every jurisdiction of the United States are done by one organization, the “Citizens' Trust”. And of course, we would get the money from the federal treasury to do this. The faith I have is that at some point, this will go viral; this will hit enough people that people will be voting for this, not necessarily because they know in detail, because the people don't know in detail the operation of lawmaking, but now they won't have to know the operation. How many people in the United States know the intricacies of lawmaking in the Congress? Really, it's a very small number of people, the same thing would occur with the Legislature of The People. The process would be such that the people could vote. Now, once the people can vote and make a change themselves, you'll see a change in the participation. People may not vote in the election, but if the law changes and it hurts them, I got to tell you they will show up the next time. The process of voting is so widespread; here you're talking about voting over a one-week period, 24 hours a day. Now, that means that the number of federal laws, state laws and local laws is going to be limited to 52 times a year. And I've put forth a number of examples in the book that I've got coming out, that show that you'd be hard- pressed to get 52 state, federal and local laws designed that really are legitimate. Now, there's a limitation on the people in lawmaking. Once you ask the [“Citizens'] Trust” to draft the law for you based on the concept that you have, the next thing that occurs is that the sponsors--that's us sponsoring the law--have to conduct a poll and the poll has to be approved by the [“Citizens'] “Trust”. And the poll has to have 40% of the people within the relative constituency agreeing to go forward in processing the proposal. That means you're limited by… and the reason why this is very, very important, is that if you're going to have lawmaking it has to have, the individual proposals have to have, sufficient support to be able to qualify it. And then you have another limitation there's only 52 a year at various levels. So, the process, it took me 25 years to figure out how to do this in a most exemplary fashion. Now, Ralph, you mentioned that we have 23 states. Well, that's true. That's the most fundamental change in our structure of government, but it's not enough; we copied Switzerland. And Switzerland makes no distinction between the people and the representative government--it's all one institution. And so, what happens in the states, it’s corrupted by the people with money, the one-percenters. Like in California, you want to do an initiative, you've literally got to come up with a million dollars to just get it qualified. So, we can improve upon that and that's what this legislation is--a citizens' amendment. And a Citizens' Legislative Procedures Act, when enacted into law by the people outside of a government, becomes the law of the land.

Ralph Nader: Well, we're talking with former Senator Mike Gravel a two-term Senator from the State of Alaska. And Mike, why don't you tell people how they can get your 2020 platform and the description of The People's Legislature.

Mike Gravel: There are two sites, the one site is mikegravel.org which is run by these kids in Westchester. And there you can get the platform and a lot more. The other is my personal site, which is mikegravel.us. and there you can get a copy of the proposed legislation [and] a host of other articles and comments on the subject. Now I do have a book out and you can get it at mikegravel.us. It's called Citizen Power: [A People’s Platform]

Ralph Nader: And Gravel spelled G R A V E L. Now you've come up with a wonderful way to thwart Donald J. Trump's accusing the democrats of being socialist and you do it in your typical, fundamental, deliberative manner. And on July 27th, you put out a press release called "What About Republican Socialism?" And you're basically saying, look, if socialism is going to be a topic in the coming-up presidential election, let's not just talk about Democratic Socialism. Let's talk about Republican Socialism. Republican Socialism, as some of our listeners know from our prior programs, is the corporate state crony capitalism. It’s Wall Street bailouts. It's the military industrial complex. It's to control the tax system to benefit the few. It's all kinds of subsidies, handouts, giveaways to corporations. It's the control of Washington, D.C. by Wall Street and other giant corporations. It’s the control of the electoral process through money and limiting alternative candidates and parties. When you say Democratic Socialism that’s full Medicare for All; that's a living wage, education for all, building our public works and repairing them, getting the corruption of money out of politics and

Mike Gravel: Cutting the defense budget in half.

Ralph Nader: That's right, which should be called the war budget, if we used our language properly--the combating climate disruption and so on. That would be a great thing. And you know, Bernie Sanders tiptoed into that area when he once at least said, “Well, Democratic Socialism is better than corporate welfare or corporate socialism”. But I like the way you set it up. “Okay, Donald Trump, you're the Trumpeter of Republican Socialism and we're going to hold you accountable and then you can talk all you want about Democratic Socialism, and see how it polls against you overwhelmingly like living wage, cracking down on corporate crime and having universal health care.”

What do you think of that idea, Steve and David, as a political strategy?

Steve Skrovan: I think it's great. I mean, I am surprised nobody has taken it up. Somebody who can get on the debate stage should steal it from you, Senator Gravel, because we've talked on this show about corporate socialism, but just calling it Republican Socialism, puts that label on it, that it's going to be hard for them to escape, especially as the way you defined it, Ralph,

Ralph Nader: What do you think, David?

David Feldman: Absolutely. I was reading about JP Morgan and how he saved the economy in the late 19th century, and it was corporate socialism.

Ralph Nader: Senator Gravel are you getting any coverage of this wonderful way to frame the dialogue in the coming months for the presidential election?

Mike Gravel: Well, I get the attention from you and also Consortium News. And I sent it to my two campaign managers and asked them to go to Kinko's and get several hundred copies on one-sheeters, and to go around the debate and pass it out to the people who are at the debate or people that are interested in governance. Now I got it off to Bernie Sanders himself, but I got it off yesterday afternoon, and so I don't know if he's had a chance to absorb it. But you put your finger… the key element is to use the nomenclature of the party, which is the Democratic Party and the Republican Party, and of course, tack on socialism, which is something that Bernie Sanders single-handedly has brought into a positive trend. But in the United States, people are just disparaging of socialism. And there's no reason for it, because socialism in the Scandinavian countries, has been eminently successful. And socialism should not be a negative. All socialism means is we're going to use the tool of government to act in a collective manner on various things that either hurt the people, which of course, is Republican Socialism, or benefit the people, which is Democratic Socialism. And so, there's no reason why we shouldn't concentrate on that. Now, we already have Trump concentrating on that, he’s told everybody that anything Democrats are doing is socialist. Well fine, we can accept that, but what we want to do is add the fact that Republicans are equally socialist. The only difference between the two, comparing Democratic Socialism to Republican Socialism is that with Democratic Socialism, the people benefit, and with Republican Socialism, the people get screwed.

Ralph Nader: Well Democratic Socialism historically has been Social Security, Medicare, public libraries, public drinking-water systems, the U.S. Postal Service, the Tennessee Valley Authority, almost a thousand municipally owned public utilities. Let Trump campaign against those and see how far he gets. Mike, I think the fundamental problem with everything you're proposing is whether people have sufficient civic self-respect; whether they've given up on themselves too prematurely and massively in terms of running a democratic society. The founders gave us the sovereignty. It starts with "We The People" as you said many times, in the Preamble of the Constitution. The Constitution doesn't say we the corporations or we the Congress, or we the state legislature, it says we the people and never mentions the word company, corporation or political parties.

Mike Gravel: And it says “We The People Do Ordain”.

Ralph Nader: That's right.

Mike Gravel: do ordain, "We The People" do ordain. If you take that literally that means that we are the creators of government because we do ordain its existence. Since that's the case, we have the right to change the government to improve it to better satisfy the needs of the present generation.

Ralph Nader: It's the corporate interests that have seized our power. It's the political cronies who have seized our power that comes in the Constitution. Who's the radical here? Who's the extremist here? Who's the revolutionary here? Who's the usurper?

Mike Gravel: The people who deny it, but Ralph, keep in mind that this stealing of the government from the people did not happen today. It happened in the Constitutional Convention, because the convention did not permit the people to participate. The reason why they didn’t want the people to participate, is the people would not buy into the concept of slavery. That's the reason. And so, the founders, essentially most of them were slavers, and they did not want the people to get involved. Now we have every right as “We The People Who Do Ordain” to establish our right to make laws. Law is the central core of civilization, the central core of government. And so, if we’re ever going to bring about any fundamental change, we have to be able to break the monopoly of representative government and bring the people into the only area of government that they can come into and that's the constituency of a governing body, a Legislature of The People.

Ralph Nader: Mike, for people listening, some of them are probably saying, why do you trust the people so much? Well, first of all, you have a choice. You want to trust big business that has no allegiance to our community and our country as they traverse the world for the cheapest labor and the most bribable dictatorial regimes? Do you want to trust the indentured politicians who have turned our government against their own people as to further their careers in Congress and state legislatures? Or do you trust the people? And if people are still skeptical of that, I say look, we trust civil and criminal juries to make the most fundamental decisions. A criminal jury decides life or death. And we trust ordinary people to be in grand juries and to be in criminal-case juries in court. So, we've already manifested our trust in the overall jury system. And we should study that and see how well it's worked compared to the alternatives; everything is compared to the alternatives.

Mike Gravel: Let me enlarge upon that.

Ralph Nader: Okay, go ahead.

Mike Gravel: That could be stated more succinctly. We are ruled by a minority, a minority of 1%, believe it. So, you have your choice; you can continue to be ruled by the 1% or you can be ruled by the majority of the people on Earth. So, you make a comparison, we're either ruled by majority or ruled by minority. So, if you want to continue your rule by the minority and be oppressed or turn around and set out the procedures whereby the people can rule themselves. And this would be the first time in history where we would have a government where the people are ruled by the people.

Ralph Nader: And what do you do about dissenting minorities? How do you protect dissenting minorities?

Mike Gravel: You protect the minority by law and majority can protect itself by its very numbers. But if you are a society of laws that is the tool by which you provide the necessary protection to all minorities. Now, we have a rule by the minority right now. And of course, the people aren't protected. All you got to do is look at your streets see who's sleeping out there tonight.

Ralph Nader: Steve and David, any comments or questions?

Steve Skrovan: Senator Gravel my son is a fan of yours. He was very excited that you were going to be on the show today. And I asked him if he had any questions. And he said, he'd be interested in how you and the young people, the teens, decided which issues to focus on, what that discussion was like, and how much of it was them and how much was you? And how did you all build upon the policy direction for the campaign?

Mike Gravel: Well, first off when David called me and asked if I would run for president, I retorted by saying, "Do you have any idea how old I am?" He says, "Well, that doesn't count. What counts is your views on the issues?" What they did is they had done research on me; they had not heard of me and all of a sudden, I came up in a chat group, and this rang a bell with them. So, they did research on me on when I ran for office, The Pentagon Papers, all of that, and developed a list of what they were for. Now, how they really captured me was by putting at the top of the list, creating a Legislature of The People. Well that of course, is what "floats my boat". And this is just a segway, you've heard the cliché “give a person a fish and you feed him for a day, teach him how to fish and you feed him for the rest of his life”. The same thing is with lawmaking, help somebody get one amendment or get one law enacted fine, but teach them how to make laws and s/he can be a lawmaker for the rest of his or her life. That's essential. Now the development of the platform was interesting. They took all of the issues that they were able to get in the public domain that I have supported, then they would call me on the phone [and] ask me about this. And it was a bunch of kids, they were calling and contacting them and how does Gravel stand on this, stand on that? And so, like they call, how do I stand on the freedom for sex workers? I said, fine. I'm for their freedom. They can make a living like anybody else. And so, it went on from there about literally a month calling me almost every day asking me about this, asking me about that. And as a result of that, put together this whole litany of issues that I subscribe to and that they subscribe to. They were very interesting; they knew that I had a larger body of knowledge than they had. They would make the inquiry as a question and I would respond in a positive way. They didn't come up with any bad legislation; just came up with good legislation, and I would say, "Oh, yeah, I'm for that. I'm for that". And that's how I created the platform that you see at mikegravel.org.

Ralph Nader: They're 18 and 19 year olds, right?

Mike Gravel: Yes. That's exactly right.

Ralph Nader: And what are their names again?

Mike Gravel: David Oks. O K S, and he is 17 years old, going on 18 and Henry Williams; he is 18 and a freshman [who] just finished his freshman year at Columbia.

Ralph Nader: Tell David he drinks too much Coca Cola. Yes, he’s got to get on a good diet.

David Feldman: I drink Diet Coke because it has embalming fluid in it; it turns into embalming fluid.

Mike Gravel: That’s right. I used to drink Diet Coke till I found out it was just as bad as un-diet Coke.

Ralph Nader: It's quite a remarkable example of a young duo doing this; took a lot of work. And you resisted it and said, “No, no, I'm too old. You know where I am” and this and that, and they kept saying, "No, no, you can do it, you can do it". And you said, "Okay".

Mike Gravel: Well, they could do it; they could do it. All I did was… they were just using what was out there about me. And they did it. They're the ones who did it! They would call me every day [and] give me a report. The only thing that I got involved [with], because they said I had veto power, so the only time I got in and said something was that they were excessively using the F-word on our site. And so, I felt that we should be a little more dignified. I use the F-word privately, but not publicly.

Ralph Nader: They're learning from the wisdom of their elders, I guess

Mike Gravel: The phenomena is that because of them, I am the oldest person running for president in the history of the United States; now that's some kind of a distinction.

Ralph Nader: And the Democratic Party once again, excluded your voice as they excluded eventually, the voice of Congressman Dennis Kucinich and many others that would have invigorated the party and prevented it from losing election after election to the worst Republican Party in history.

David Feldman: I wanted to ask a slightly more global question about your own evolution of thinking, because you've been, obviously we’ve established, around a long time and in public life for a long time. Can you take us through some of the milestones or some of the breakthrough moments you have had throughout your career that have led you to this incredibly progressive platform? I am imagining, you didn't start here.

Mike Gravel: I got into politics 15 years old, working on people's campaigns. But the most significant point was I was 17 years old and I read a book called The Anatomy of Peace by Emory Reves and as a result of reading that book, I then defined myself as a globalist. And even when I was a senator, I would end some of my speeches saying that, first and foremost, I'm a citizen of the world. Secondly, I'm a citizen of the United States, and third, a citizen of Alaska. And my priorities are in that direction. So, how being a citizen, a human being of the planet, has informed me to overcome the nativism that exists in all of us--that has overcome the sense of injustice, of immorality. Now, I am essentially a secular atheist and as a result of that, I don't need the definition of religion to inform my sense of morality. The sense of morality that I hold is based on common sense and all legislation, if it doesn't make common sense, it should not be enacted into law. And so, the thing that set me on the course of looking differently, at issues--domestically, internationally and locally--was this book by Emory Reves where he makes a [point], very simply and fundamentally, that we are first and foremost citizens of the planet and we should make every effort to conduct ourselves in that regard.

Ralph Nader: You grew up in New England and then you finally went to Alaska. Why don't you tour us there?

Mike Gravel: Well, I'd been in the service, did four years, and I had not completed college. So, when I came back, I worked my way through Columbia--the last two years as a cab driver working on Wall Street. And then, since I had been involved in politics and other people's campaigns since I was a kid, what I did is I had to figure out where to go. My parents were modest and trying to cut your way in politics in Massachusetts as a French, first-generation French-Canadian was somewhat hopeless. You know, the state was ruled by Italians, and the Irish. And so, I did a little research towards the end of my year at Columbia, as to where would be an ideal place to go where I'd have a shot at running for public office. And so, I focused on two States--New Mexico and Alaska. Alaska wasn't even a state, a territory at the time, but you could appreciate that it was going to become a state shortly. So, what I did is I drove a cab in New York, saved enough money to get going; went up to Alaska, got there dead broke, I mean [so] broke I couldn't buy a meal. And so, I got down on a Sunday afternoon and on Monday morning, I was selling real estate in a local office. And 12 years later, I was sitting in the United States Senate. The message from that is, work hard and be lucky; you have to be lucky. And of course, many times by working hard you make a lot of your luck.

David Feldman: Tell us the story about The Pentagon Papers and your involvement in that.

Mike Gravel: [laughter] Well, that's a long story, but I'll try to make it as brief as possible. I was with Mark Hatfield [Republican Senator: Oregon] and we were going to wage a filibuster to force the end of the draft which was going to expire at the end of June, and unbeknownst to us Mike Mansfield [Democratic Senator: Montana], set it up that our filibuster was operating on a two-track system, where

David Feldman: He was the Senate Majority Leader at the time?

Mike Gravel: Yeah, the majority leader at that time.

Ralph Nader: What year was this?

Mike Gravel: This was 1971. And so, he set it up on a two-track system where all we had to do was show up during consideration of the Military Authorization Act. And of course, Mark didn't have to get involved because it wasn't all that difficult a task. That, started in May. In June, The New York Times came out with The Pentagon Papers, and that was a total consternation. And so, what happened is Ellsberg, who is the one that did this, lost faith in The New York Times because of the delays involved, so he contacted my office and asked me if I would release The Pentagon Papers as part of my filibuster against the draft. And I said yes, and waited for another call. And eventually, Ben Bagdikian who was editor at The [Washington] Post, got me a copy of The Pentagon Papers. But unfortunately, through a device of my own making, we failed, and so the young attorneys that I had in my office at the time, came up with plan B, and plan B was to use my position, as Chairman of the Building and Grounds, to call an emergency meeting, and within that meeting, to go ahead and release The Pentagon Papers, and of course, we did that, and as a result, they became in the public record of the subcommittee, which is the record of the Senate, and which means that it made moot the decision of the court same day. The court ruled that you could not continue with prior restraint. But they said that if you did publish, you would be subject to the Espionage Act. Well, lo and behold, they stopped publishing, and I went around trying to get somebody to publish the papers and was not able to get anybody except Beacon Press, that had a donation anonymously from somebody on Long Island, to go ahead and print the papers, and so the papers became known/were printed as the Gravel edition of The Pentagon Papers. Then Noam Chomsky and Howard Zinn contacted me and asked if they could add an additional small volume, which would explain The Pentagon Papers. And of course, I said, yes, and so the official record of The Pentagon Papers is five volumes and the last volume was put together by Howard Zinn and Noam Chomsky.

Ralph Nader: Listen Mike, just tell our listeners what The Pentagon Papers were, in case they're not familiar.

Mike Gravel: Oh, the fact that they were secret is terrible. Robert McNamara, Secretary of Defense, who was getting religion a little bit at the end of his tenure, commissioned a study to find out how the hell we got into this mess in Vietnam. So, the study was done. Ellsberg was part of this study. So was Dr. Rothberg - who was my editor - was part of the study. And so, he did this study, read it, so arrogantly as a bureaucrat, then classified it and put it on the shelf. Well, hell, if it was important for McNamara to know how we got into this mess, it was doubly important for the American people to know that. And that's what eventually Ellsberg came to realize. And then when Ellsberg released it--I had been in the Army and went to OCS [Officer Candidate School], at [Fort] Benning, Georgia as a Combat Infantry Platoon Leader. Well, on the patch of their shirt was the slogan "Follow Me". Well, I envisioned when Ellsberg released this with great courage, I said, “Well, God, he’s going up the hill, and I should follow him.” And so, when he called it didn’t take me a second, not a second to decide that I should release because it is very simple. When I was 23 years old, I was the adjutant of the communications intelligence service, where we wiretapped and opened people's mail wantonly in Europe. And so, I had a knowledge of how the deep state operated. And so when he asked me if I would release The Pentagon Papers, I said in a heartbeat, I would and that's how it proceeded to release the papers. And the papers were not secret. They were just a history of how four presidential administrations lied to the American people - wantonly lied to the people - as to what was going on in Southeast Asia, where we killed 58,000 Americans and 3 million Southeast Asians.

David Feldman: Can you explain to me the rights that a senator has entering documents into The Congressional Record? Were The Pentagon Papers printed in The Congressional Record or not?

Mike Gravel: No, no, they were not. Here's the process: I put them into the record of the subcommittee; however, they were now essentially de facto in the Senate record. But the Senate's not going to print my version of The Pentagon Papers. That's the reason why I had to go to the private sector to get them printed.

David Feldman: Why wouldn't they print your version?

Mike Gravel: Well, because they thought that this was secret. Most people think that well, it's all the president's fault of all this crazy secrecy. Hell, no. It's as crazy in the Congress, as it is in the presidency. Here, the sanctions done in other countries, well, they're put in place by the Congress as they are by the presidency. The same thing with the secrecy. And that is, when you can classify, when you could hold secrets, you feel superior to the people who don't know what the secret is. And that's the mental attitude that exists in many members of Congress. You just had that recently, with all this element with the Mueller Report. The Mueller Report should have been totally, totally released to the public. Of course, it was not; it was redacted wantonly and the Congress does this all the time; they go into special session. I would say, based upon my experience as a Top Secret Control Officer - when I was twenty-four years old, mind you - that 80% of what's held secret in the United States should not be held secret. The only benefit of that is to be able to keep the American people uninformed as to what their government is doing. And if a democracy is to succeed, it has to inform the people so that the people can have their views felt on public policy. And that's not what goes on today. And so that's the reason why we don't have a democracy under our present structure. We have a system of representative government; we have a monopoly on lawmaking, and have a monopoly on setting up as much secrecy as they choose.

Ralph Nader: David, just another dimension of what Senator Gravel did: he actually read for three hours as the Chair of the Committee; he read the contents of The Pentagon Papers with the press all over it. Is that correct?

Mike Gravel: Yes, it is. And, and of course, at one point, I started sobbing, because I was so ashamed of what our country was doing. And then my staff person, Joe Rothstein, who you couldn’t see from the video, who was kneeling down next me says, “Well, Senator, why don't you just dump it in the record?” And then I woke up immediately and said, "Oh, yeah, I could do that". I asked unanimous consent to place these papers into the record of the Committee, and I slammed the gavel down so ordered. There was nobody to object. And so now, you’ll laugh; Jennings Randolph, [West VA Democrat] who was Chairman of the full Committee--we had a “come to Jesus” meeting where I had to show up at the Committee meeting, and he harangued me as to how dare I do what I did. And Lowell Weicker, who was the ranking Republican on my Committee, said, “Well, you know, I wasn't there. I wasn't party to it, but I'm going to pay half the cost of printing.” And so, they did, since it was recorded. So, we each had to pony up $200, and Lowell insisted that he would pay his share. So we put up each $200. And then it was printed in the subcommittee record, the committee record. Well, that was automatic. Now, if you wanted to make it available to the public, which we did, the night that we released it, we released the papers to a pool of reporters, who then copied it, and then released it to the various institutions. Well, this very act made moot by the Supreme Court decision, and the decision of the Congress not to print the papers. Now, the Defense Department two weeks before our papers were published, they did release the Papers, which will give you an idea how ridiculous it was to classify them in the first place. But that didn't go anywhere. It was our Papers that were official, and the rest is history. But what it really showed--and this is no different today, whether it's Obama, whether it's Bush, whether it's Trump-- that the government lies to people just as a matter of course, and that Congress joins in that lying process so that they can maintain their power.

Ralph Nader: In closing, tell our listeners, again, how they can get your 2020 platform and your estimable work on fundamental democracy.

Mike Gravel: Well, the first one is for the platform is the platform that is controlled by the kids—that's what I call these fellows. And that is mikegravel.org. They have my Twitter account; I don't tweet and they have my Twitter account. That's how they hand out the basic communications. The other is my personal site, which is mikegravel.us and that's a site where you can order the book Citizen Power. And also, you can see the text of the legislation I'm talking about. But I'm coming out with a new book, which essentially, is a detailed manual on how to bring about a Legislature of The People, and the title of the book says it all, Human Governance: The Failure of Representative Government and a Solution – The People. And the choice is simple; you either can be ruled by a minority or you can be ruled by a majority. Presently we were ruled by a minority and that is the reason why everything is so dysfunctional.

Ralph Nader: The 1% of Republican Socialism ruling instead of the vast majority behind Democratic Socialism. And that doesn't mean you don't have private enterprise. It doesn't mean you have government ownership of all means of production. It's much more sophisticated, much more rooted in our history. Thank you very much for proposing a future of engagement by all people, Mike Gravel, two-term Senator from Alaska, and a leading advocate on fundamental reform of our society. Thank you, Mike.

Mike Gravel: Thank you Ralph for having me on. And thank you for your continuous support.

Steve Skrovan: We've been speaking with Mike Gravel, former Senator from Alaska who was running for President in 2020. We will link to his campaign at ralphnaderadiohour.com. Now we're going to take a short break and check in with our Corporate Crime Reporter, Russell Mohkiber. You are listening to the Ralph Nader Radio Hour, back after this.

Russell Mohkiber: From the National Press Building in Washington, D.C., this is your Corporate Crime Reporter “Morning Minute” for Friday, August 9, 2019. I'm Russell Mohkiber. A Pennsylvania woman said she will never be the same after walking her dog four years ago, and being partially blinded by a defective collar she purchased on Amazon. Her case against the online shopping giant could eventually lead to big changes to a crucial 1996 law that protects the tech industry from liability claims. That's according to a report from Market Watch. A Third Circuit Court of Appeals panel voted two-to-one to reinstate Heather Oberdorf’s products liability lawsuit against Amazon for a dog collar that suddenly snapped apart. The $18.48 collar’s ring broke and the retractable leash sprang back into Heather Oberdorf’s left eye while she was walking her 70-pound dog, Sadie, in January 2015. For the Corporate Crime Reporter, I'm Russell Mohkiber.

Steve Skrovan: For those of you listening on the radio, that's our show. For you podcast listeners, stay tuned for some bonus material we call the Wrap Up. A transcript of this show will appear on the Ralph Nader Radio Hour website soon after the episode is posted.

David Feldman: Join us next week on the Ralph Nader Radio Hour. Thank you, Ralph.

Ralph Nader: Thank you everybody. You want power over your two senators and representatives go to ratsreformcongress.org and see how to build it.
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Re: Ralph Nader Radio Hour

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RALPH NADER RADIO HOUR EPISODE 282: War With China, Russia, Iran?
August 3, 2019

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Steve Skrovan: Welcome to the Ralph Nader Radio Hour. My name is Steve Skrovan along with my co-host David Feldman. How are you doing in this hot sweltering day, David?

David Feldman: Good morning. I'm looking forward to this.

Steve Skrovan: Yeah. And we also have the man of the hour, Ralph Nader. Hello, Ralph.

Ralph Nader: Hello. Plenty of evidence about global warming today in Washington, D.C.

Steve Skrovan: Yeah. Well we've got a great show again today. I know I say that every week, but we keep topping ourselves. A few weeks ago, we welcomed investigative journalist Andrew Cockburn who made a counterintuitive case that the more we spend on the military, the weaker we actually get. Well on the show today, we're going to expand our discussion of the military budget and spend most of the hour with Professor Michael Klare who has written extensively on foreign affairs and how the pursuit of natural resources fuels most wars. We're also going to talk to Professor Klare about current US military policy as it relates to Iran. Are we in danger of stumbling into a war with Iran? And is that about oil? And as the fruitless so-called War on Terror loses steam, are we turning our war machine toward more conventional targets like China and Russia? These are the topics on the table with Professor Klare for the main part of the show.

In the second part of the show, we're going to dig into the mailbag and answer the questions that have been piling up in there. And as always, we will also cut away for a minute somewhere in between to find out what is happening in the ever-expanding world of corporate crime with our Corporate Crime Reporter Russell Mokhiber. But first, let's talk military budget and foreign policy with our featured guest. David?

David Feldman: Professor Michael Klare is the author of 14 books including Resource Wars: Blood and Oil, Rising Powers, Shrinking Planet, and The Race for What’s Left. He is the Five College Professor [Emeritus] of Peace and World Security and director of the Five College Program in Peace and World Security Studies at Hampshire College. Professor Klare is also the defense correspondent for The Nation magazine. Welcome to the Ralph Nader Radio Hour, Michael Klare.

Michael Klare: It's a pleasure to be with you today.

Ralph Nader: Yes, welcome indeed, Michael. You know, the congressional oversight of the Department of Defense must be an all-time low. Not only haven't they been able to get the Department of Defense to obey a federal law that went into effect in 1992 requiring all departments and agencies to submit auditable data to the Government Accountability Office of the Congress, the accounting arm of the Congress, but just recently, when they had in the Senate, the confirmation hearing for the new Secretary of Defense Mark Esper, who has been a Raytheon lobbyist for a good period of time, nobody, neither Republican or Democrat even asked him about the two wars we're in in Afghanistan and Iraq. The reporter appeared dumbfounded in the New York Times. How could you have a confirmation hearing for the Secretary of Defense and not ask one question? Give us your view of why Congress, both parties, pushing up huge budgets, demanded by Trump for the military, now about 750 billion [dollars], in the coming year with a B, why they are so lackadaisical. They don't do what Senator Proxmire did in the old days and others--have rigorous hearings on the Pentagon waste, fraud, abuse, mis-policies and so forth. How do you explain that?

Michael Klare: Well, Ralph, I think two things are going on simultaneously. One is the deep institutionalization of the military-industrial complex, which, you know, we first heard about that from President Eisenhower when he retired decades ago; he warned us about that. And one of my mentors, Seymour Melman of Columbia University who, some of your listeners may recall wrote about Pentagon capitalism; we've known about this for a while. But this system of collaboration between Congress and industry in the Defense Department, has been around for a while and they’ve become much more sophisticated over time. They have distributed major defense contracts into virtually every congressional district in the United States. So, if somebody says let's cut back defense spending on a major defense contract, a major weapons contract, that means that jobs will be lost theoretically in every single congressional district. They do this by design, so it's very hard for a member of Congress, whatever their political views, to vote against the major defense bill.

Ralph Nader: Yeah, you know what's amazing, Michael, is they can vote some of that money to rebuild the public works in America. Every community is looking at crumbling roads, highways, bridges, drinking water, sewage systems, schools. You know, that creates more jobs as you know per billion dollars spent than a billion dollars given to Lockheed-Martin for the boondoggle F-35 program. I mean, the Congress is moving from anemic oversight of the Pentagon budget, which is over half of what the entire federal government's operating budget is--over half, listeners--into a total rubberstamp, just a rubberstamp.

Michael Klare: Well like I say, they know what you just said, Ralph, that they get more jobs if they were infrastructure project, but that's theoretical jobs. Right now, they have a thousand jobs or two thousand jobs or whatever at some defense contractor in their district. And the union leaders are tied into the military-industrial complex, and the lobbyists are tied into the military-industrial complex, so if you threaten to close that plant, they're going to have their constituents screaming at them, so it's a very well-oiled machine; that's on one hand. But there's a second part of this, I said, and that is that Congress has bought into the fact that the wars in Afghanistan and Iraq are over now; they're in the rearview mirror. And we're taking on new enemies--Russia and China and maybe North Korea, and there's near universal enthusiasm for this in Washington, D.C. People are ready to fight Russia and to take on China and there's just infinite amounts of money they're willing to spend on this. There is absolutely no resistance whatsoever in Congress.

Ralph Nader: Tell our listeners, how much is involved in one aspect--that's the upgrade of our nuclear bombs and the B52s and the nuclear submarines, which now have enough firepower as Seymour Melman once calculated, to "blow up the world three hundred times and make the rubble bounce." How much do they want to spend of our tax dollars now--taking away from schools, drinking water systems, public transit, bridges, roads, airports and ports?

Michael Klare: Yes. My colleagues here at the Arms Control Association where I'm speaking to you from, have published a report called US Nuclear Excess: Understanding the Costs, Risks and Alternatives and they’ve added it up and it comes out to $1.7 trillion when you account for inflation. And that really is just an underestimate if the Pentagon gets everything they want and you build in cost overruns, which you have to assume [is] the case, so we're speaking of a minimum of $2 trillion dollars over a 30-year period to replace all existing nuclear weapons in the stockpile, which is what the Department of Defense wants.

Ralph Nader: Why do they have to upgrade them? They don't deteriorate like vegetables.

Michael Klare: There are two things going on. I think it's a combination of there is, you know, a degree of just wanting new and better, so they want new and better systems; they always want new and better systems, and the defense contractors want new and better systems. But there's something more sinister at work, Ralph, and that's what troubles me. The existing nuclear architecture is based on the notion of Mutual Assured Destruction (MAD), as your listeners will be aware. The notion is that it makes no sense to start a nuclear war because the other side will have an invulnerable second-strike capacity. Even if we attack them, they will still have some reservoir of nuclear weapons, maybe on submarines or mobile missiles, that could strike back and still destroy us. So, there's no incentive whatsoever to start a nuclear war. But I get the sense, my colleagues get the sense that there are people within the military establishment who think that we should abandon MAD, Mutual Assured Destruction, and think again about, as was the case in the 1950s, thinking about winning a nuclear war. And they have John Bolton at the National Security Council and others who are egging them on—“let's abandon, let's tear up all arms control treaties; let's go hell-bent to acquire more nuclear weapons, more technology, defense systems, ballistic missile interceptors; let's think about launching a nuclear war. So, what if a few cities in the US get destroyed by accident and a few tens of millions of people purchase, well, we'll wipe them out.” That's the thinking behind this.

Ralph Nader: Well, do you think that John Bolton, who never was confirmed by the Senate--he wouldn't have been confirmed; the Republicans hate him personally, and he got away with being appointed by Trump his national security adviser; he's sitting there right now in the White House. I consider him clinically insane. He's a Yale Law grad. He has no respect for international law, international treaties. He says we should bomb North Korea, overthrow the regime in Tehran, let Israel annex the West Bank; never talks about law. Here is a lawyer; he's a draft dodger. He liked the Vietnam War; but he wanted his friends to go fight and die there. He's a despicable human being, and he's pulling Trump closer and closer into confrontational war in Iran or around Iran, and he hates what Trump is doing with Kim, hobnobbing with Kim in North Korea. I think it's time to call these people clinically insane, Michael.

Michael Klare: Clinically insane or some other words, psychopathic, maybe, you know, I don't . . . I'm not a psychologist; I don't know what to call them except extremely dangerous and unsafe to living creatures.

Ralph Nader: It's out of that movie, Dr. Strangelove. Here's a question I want to ask you. We would never allow China to have a fleet of warships in the Caribbean. Why are we so hung up on our controlling the South China Sea? Whatever happened to spheres of influence where major powers recognize that they're going to have control around their borders? What's going on here with China? I think part of it started with Hillary Clinton's address at the Naval Academy where she outlined what she called "force projection" against China, moving a lot of our military from the Middle East to the South China Sea and surrounding China with aircraft carriers that she used the word "force projection." Remember that address?

Michael Klare: Yes, certainly. But, Ralph, this has been US policy since 1898 when the US conquered the Spanish fleet in Manila Harbor and took possession of the Philippines and has been US policy ever since. That was the basis of US intervention in World War II in the Pacific is that America's sphere of influence extends to the coastal waters of China. And no member of the American foreign policy elite, Democrat or Republican, has ever challenged that notion in over a century. This is deeply ingrained in the strategic thinking of American policymakers. You don't hear any candidate running for president, any member of Congress, saying that's a cuckoo idea, which it certainly is.

Ralph Nader: Well, lay out what you think the Pentagon, the military-industrial complex, Raytheon, Boeing, Grumman, Lockheed-Martin—you know, enough is never enough for their weapons. They can never tell you--General Dynamics can never say when is there enough nuclear submarines. Outline for our listeners what's called the "triad of defense" that we're projecting all over the globe with the American empire before we get into the latest strategy, which is to push Russia and China into an arms race with us.

Michael Klare: Yes, I'm happy to speak to these issues. We distinguish here between so-called conventional weapons. Of course, no killing instrument should be called conventional, but that's the term, and nuclear weapons or weapons of mass destruction. So, the nuclear triad consists of land-based Intercontinental Ballistic Missiles or ICBMs, plus Submarine Ballistic Missiles. They are called SLBMs, Submarine-launched Ballistic Missiles, and we have a third leg of the triad, which are bombs dropped or cruise missiles launched from long-range bombers like the B-2 and the B-52 bomber, which are intended to penetrate Russian or Chinese air space to deliver their weapons. So, there are three legs, each one of which is designed to fully destroy, eliminate, abolish, incinerate Russia and China even if the other two were completely obliterated. So, we have three separate systems for conducting a global nuclear war, thermonuclear war independently of the others. So that's why the price is so high. When you have three separate nuclear-war fighting machines operating independently of each other, that's the nuclear triad.

Ralph Nader: Well on that point, don’t you think we could have citizen town meetings around the country where they summon the people who make all this weaponry possible--the senators and representatives--and get something going? Because let me ask you a question maybe most people don't ask you. We're talking to Professor Michael Klare who has written for decades accurate information, studies, books, testimony, articles. He's a military correspondent for The Nation magazine on the military strategy, so-called. Where is this going if we don't stop it, if we don't re- direct it, if we don't wage peace, if we don't have treaties, if we stop thinking that we can't generate our economy unless it's a war economy. Where do you think [in]10, 20, 30 years this is going to end up, the worst case scenario, short of war, the economic worst case scenario?

Michael Klare: Yeah. The other side of this, Ralph, is that this has to be put in context is what the Pentagon now calls preparing for "great power conflict" in quotation marks, a "great power competition." It's not enough that they are building up the technology of war, they are also creating the, let's call it the political, the strategic context for war with Russia or China. Now this was not the case two or three years ago. From 9/11 on until a year or so ago, they would say that their primary concern was fighting terrorist organizations, militant organizations in the Middle East, so that was a completely different priority. Now they're saying that's in the past; now our focus is on preparing for war with Russia or China. And this is a very different proposition and exceedingly far more dangerous because war in Afghanistan, Iraq, and Syria against militant organizations has terrible consequences. And I'm sure your listeners are well aware of that--drone strikes that killed civilians and so on. But Russia and China are not terrorist organizations in the same sense. They possess modern militaries as well. They possess nuclear weapons. They possess advanced warships and planes. So, any encounter with Russia or China in the years ahead is going to result in major war with a very high likelihood of escalation across the nuclear threshold to a full-blown thermonuclear conflict. And it is this drive to prepare for great power war that worries me more than anything else because there is nobody challenging this notion or whether this is a reasonable strategy to pursue at this time given the dangerous consequences it holds. So, this is what we have to ask our senators, representatives in Congress about why are we hell-bent on preparing for a thermonuclear conflagration that'll destroy us all? Is it so absolutely necessary to assume that war with Russia and China is nearly inevitable when there's the possibility of negotiating with them to resolve our differences in the South China Sea?

Ralph Nader: And by the way, they're not by our shores. They're not in Canada or in Mexico. We're in the Baltic area; we're in the South China Sea. We've got them half surrounded. I mean, the provocations are really striking, but the military-industrial complex, they're trying to reassure the American people that we can have a ballistic defense system so that we can actually win a nuclear war because we can shoot down the incoming ballistic systems. We had Professor Ted Postal from MIT debunking that. Do you agree that $14 billion program on ballistic-missile defense is technically unworkable.

Michael Klare: Totally, totally unworkable. But that's only one small part of this fighting-a- nuclear-war scheme. You also have to include the tens, soon to be hundreds of billions of dollars being spent on exotic new weapons, artificial intelligence, hypersonic weapons, autonomous weapons systems that could be used to attack Russian and Chinese second-strike weapons capabilities and to destroy their early warning systems and presumably their satellite systems. That's another key part of this war-fighting mentality that's taking over at the Pentagon.

Ralph Nader: Where does cyber warfare fit in here?

Michael Klare: Yes. Cyber is critical because all of the defensive systems on both sides are highly reliant on electronics, on the internet, on cyber, on cyber space to function. So, yup, China, for example, is highly dependent for its early warning systems, for its radars, command and control of its nuclear weapons on cyber space. If you can immobilize their command and control networks, then you can theoretically disarm them and make it possible to attack their nuclear weapons without any warning. Now this is the theory. The problem is that at the very instance that it appears that their cyber systems are under control and it's easy to fake that or for hackers to do that. They may say we're under attack, better launch our nuclear weapons now, immediately--don't wait for confirmation. So, we're moving to a world in which what's called "launch on warning" will become the norm.

Ralph Nader: The whole thing seems so preposterous, Michael. In other words, look, we're not interested in grabbing land from China and Russia. Russia and China are interested in grabbing land from us or from South American countries. It's like these guys are playing around with multi- trillion dollar Armageddon toys trying to provoke through “forced projection” the Chinese and Russians into putting their scientists and engineers to work and reassuring their own people. After all, it's China that was invaded by the west. It's China that was occupied in the 19th-century, gunboat diplomacy, the British, the French, the US. It's Russia or the Soviet Union that was invaded twice with tens of millions of Russian casualties by western powers, Germany, for example. So, you can understand why they're concerned about the US. In terms of the imbalance of conventional force, tell our listeners the following. How many aircraft carriers do we have compared to China and Russia?

Michael Klare: See, now this is a conversation I happily can talk about the balance of forces on each side, which heavily favors the United States. But I want to give you my own thoughts about why we're in such a dangerous world. It's a combination of the military-industrial complex in these institutional forces that we've been talking about, which favor more and more spending on increasingly exotic and dangerous weapons. On one hand . . .

Ralph Nader: In other words, profits, corporate profits.

Michael Klare: Yes. And on the other hand, you have the three countries we're talking about, Russia, China and the United States, led by, I believe, insecure and the egomaniacal leaders, Donald Trump in the United States, Xi Jinping in China, and of course Vladimir Putin in Russia. Each of these egotistical and insecure leaders, if they, you know, could not win the majority election in their own countries, I suspect, and so are relying on flag-waving in ultra-nationalism and militarism to secure their position in their respective countries. We saw that Donald Trump with his July 4th, you know, fiasco of a parade in Washington. You see that with Vladimir Putin in the seizure of Crimea, which was really to boost his status in Russia amongst his public. And Xi Jinping who's losing support in China, but is increasingly tough on the South China Sea. So, you have a marriage of these political leaders seeking stature through militaristic behavior, which is, you know, if we think back to how World War I began, that's exactly how World War I began was this kind of posturing, and that's what scares the crap out of me.

Ralph Nader: I was going to mention World War I because it is a very good comparison. It all started with the shootout in Sarajevo, the Archduke, and then the Kings and the Kaisers and Czars who knew each other. Actually, they were socializing; they got their egos up and the result was 15 million dead innocents and getting us into World War I, which set the stage, by the way, historians remind us, for World War II. So, to show people what the imbalance of conventional forces are, how many aircraft carriers, which is the main instrument of “force projection” against China, for example, how many aircraft carriers do we have compared to China and Russia?

Michael Klare: You know China has one and it's not fully operational yet. They're building their second. The US has 12. I think one of them is down for repair. And Russia has, you know, at last count, I think it only has one. But Russia's strength is not at sea. Russia's strength is on land, but still even in terms of their land capacity, the Russian military is a mere shadow of what the Soviets had at their maximum strength. China is also a land power. I can't imagine the US ever contesting China on the Asian mainland. We simply lack the number of troops. But I can't imagine that occurring either, so in terms of modern air power and sea power, the US has an enormous advantage against either of those countries.

Ralph Nader: Well let's talk about Iran. You're very worried about Iran. You’ve written that it's all about oil, which is never mentioned, the three-letter word, O-I-L. And the Saudis would like to see the regime in Iran toppled. The Israelis, of course, are always goading the US to topple the Iranian ruling powers. Give us your take on what's going on now. By the way, the USS Abraham Lincoln aircraft carrier and an Air Force B-52 Stratofortress conducted joint exercises in the Arabian Sea on June 1 of 2019. We're over there, the Sixth Fleet. We've always been over there. We got around surrounded by our military in Iraq, our military in Afghanistan, our sea and air power in the Persian Gulf, and of course the Israelis always available to provide intelligence or cyberattacks on the Iranian centrifuges with the US. What do you think is our take here? We got John Bolton and Mike "Pompous" Pompeo, Secretary of State, going around the world basically saying that Iran is going to be the target. And they pulled out of the nuclear accord, Trump did; all the other allies stayed in and we are imposing enormous sanctions on innocent civilians, medical equipment, pharmaceuticals [and] all kinds of civilian equipment is now sanctioned in terms of imports. Well how do you see this, first of all, in terms of international law? International law says sanctions from one country against another has a disproportionate adverse effect on civilians isn't a violation of international law. Let's start with international law, the nuclear accord treaty first.

Michael Klare: Yeah. Well you said a lot of the things I would have mentioned already, Ralph. So the center piece here is what's called the JCPOA, the Joint Comprehensive Plan of Action, takes a little while to get those initials down, that's the agreement that the US, Britain, France, Germany, the EU, China, and Russia signs with Iran in 2015 during Obama's watch, which said that the Iranians would dismantle their nuclear enrichment capability in return for relief from sanctions. And even before the Trump Administration came into power, there was no real relief from sanctions even though the Iranians did absolutely everything that they promised to do in the accord. So, they were already feeling frustrated because the US did not relieve them of the sanctions pressures, the economic sanctions on their oil exports, in particular, which is their main source of currency. Then along comes Trump and he withdraws from the treaty altogether and stiffens sanctions on Iran, so the country is suffering terribly. The Europeans, who believe in the treaty, who want to keep the treaty afloat, have promised the Iranians that they would find workarounds; they'd find some way to maintain economic ties with the Iranians even despite sanctions by the US on their international companies that do business with Iran. And so far, that has failed to materialize, so the Iranians are saying to the Europeans you promised us that you were going to... we continue to abide by the treaty. The US isn't. We continued to abide by the treaty, the agreement. And you promised us you would find some way to work around US pressure. Well, the Europeans haven't done that. So now the Iranians are beginning to take small baby steps outside of their agreement by stepping up their enrichment of uranium. Now they are, under the agreement itself, entirely allowed to do that because the agreement only holds if all parties abide by it and the US is not abiding by the agreement anymore. So, in fact, the Iranians are within their rights to step out of the agreement and to proceed with enrichment. Nonetheless, this puts the Europeans in a hard place because the US is putting pressure on them now to punish the Iranians as well for those little steps that they're taking. So, we're moving closer and closer to a crisis where, if the Iranians say they're going to increase their enrichment of uranium in the months ahead, and unless the Europeans are able to find some resolution, my guess is that Bolton will push Trump to a step where, you know, he said . . . Trump has said Iran will not get nuclear weapons. So, we could be at a point where Trump will be coerced by Bolton and Pompeo and Netanyahu into taking military action against Iran. When that happens, we don't know what will happen next, but it's likely to create a metastasizing series of crises throughout the Middle East.

Ralph Nader: Yeah, and not only that, it's like we have such a huge military budget, we got to have an enemy out there. And we're now working to make sure that Russia and China are the big adversaries, but in previous years, they're looking around and they say, oh, it's Iran. Iran has a GDP the size of Connecticut. It has 80 million people. Many of them are very poor. The main currency and exports is oil. Trump's sanctions pushed by Bolton and Pompeo have cut oil exports more than half so it’s like strangling the economy. It has effects on food--effects on all kinds of essentials for the civilian economy in Iran. When do you think the American people are going to wake up here and ask other countries that have been hijacked by these arms corporations, these munitions corporations? I don't think they should be called defense companies, and their Toadies in Washington that go in and out from jobs in Raytheon to the Department of Defense or Lockheed-Martin to the Department of Defense. What's the light at the end of the tunnel? We're going to get some enlightenment from Steven and David on this, I hope, but we always like to end interviews, Michael, by saying this is what needs to be done. And I always focus on the great fulcrum of change which happens to be the smallest branch of government, but the most powerful, the US Congress. Now you're working with the Quakers and other peace groups who get almost no national media; they're only waging peace and they're last in the media. The warmongers who want war, get all kinds of mass media. So, with that background, what do you recommend out there where the listeners are, and where members of Congress are about to go on a six-week vacation called the autumn August recess, listeners, and they're going to have meetings with you all. What do you say?

Michael Klare: Yes, that's a good way to end. So now fortunately with the new Congress that was elected in 2018, there are some very thoughtful progressive democratic members of Congress who have weighed in on this issue. And the House of Representatives just voted for their version of what's called the National Defense Authorization Act, the NDAA. And it does include an amendment, this is the House version; it includes an amendment that says that the president cannot go to war with Iran without authorization from Congress. They have to come back to Congress for approval before attacking Iran, so this would be some degree of restraint. Now to be clear, this is the House version. The Senate version of the bill does not contain this amendment and the Republicans control the Senate and they're going to do everything they can to prevent that measure from making it to the final version of the bill in the conference committee. So whatever listeners can do to persuade their members of the Senate and their House representatives to maintain that measure in the final version of the National Defense Authorization Act, that would be very useful. The law, by the way, also contains amendments and here, there is support in the Senate to ban arms sales to Saudi Arabia as a result of its continued genocidal war in Yemen, which is resulting in the lives of enormous numbers of civilians and a vast humanitarian emergency there. So that's another area where listeners could weigh in with their House and Senate representatives to maintain that measure in the final bill.

Ralph Nader: Tell us about Congressman Adam Smith from Washington State.

Michael Klare: Adam Smith is Chair of the House Armed Services Committee and he's been doing a masterful job of trying to use that position to insert into the bill and into defense spending some restraints on the things we've been talking about. For example, trying to reduce spending for the nuclear weapons modernization we've been speaking about, to slow down the acquisition of weapons that would make nuclear war more likely, so I think he's been doing a fabulous job.

Ralph Nader: How can people get information in their hands, you know, it doesn’t have to be a ton of stuff, so they can intelligently demand the presence of senators and representatives around key issues this August when they go back home?

Michael Klare: Well that's a good question, so you mentioned the Quakers and their lobbying arm is the Friends Committee on National Legislation, the FCNL, and you can go to their website fcnl.org and sign up for alerts on these issues. They are the best, the most knowledgeable about these votes in Congress and on nuclear weapons issues. And for spending on the nuclear triad, go to the organization I collaborate with, the Arms Control Association at armscontrol.org.

Ralph Nader: It's A-R-M-S, right?

Michael Klare: Yes, armscontrol, one word, armscontrol.org.

Ralph Nader: And where are the democratic presidential candidates on any of this? Are any of them taking this on or are they dodging over half of the federal operating budget and the military- industrial complex and forever wars abroad? Are the ducking it?

Michael Klare: I won't say they're ducking it. You know they're all leading with other issues that they consider more important like economic inequality, racism, immigration rights; I could understand that. But some of them are speaking out on these issues. Elizabeth Warren has spoken out and Bernie Sanders, of course, as have others. I don't mean to just single out those two, but I know they have, in particular, spoken out about the risks of excessive military spending.

Ralph Nader: Let's get some enlightenment from Steve and David.

David Feldman: Yeah, I have a question. There are people who believe that war is a constant in nature and those people are in America--Dick Cheney (former Vice President), [John] Bolton (Trump’s National Security Advisor), but they also exist in other countries. So what kind of military do we need and who is a legitimate threat to the United States? Is there somebody out there we should be afraid of?

Michael Klare: Well as I said earlier, I do think that Russia and China, like the United States, are led by leaders with authoritarian tendencies who are also insecure and see militarism as a tool for their political legitimacy. I do not think that they want to go to war, any of them, I believe that.

David Feldman: Because of our strengths or just because they don't want to go to war?

Michael Klare: No, I don't think that they want to go to war per se. It's not like Hitler and others who thought war was a good thing. They're aware of the dangers, but they want to engage in risk-taking behavior, and this is a long . . . there's a long history of this that by showing the flag, muscle flexing, acting tough, there's a lot of sports, masculine sports behavior that this comes from. You have to show the other guy that you're tougher than him.

David Feldman: So, is there a boogeyman out there? Is there somebody who we really have to fear?

Michael Klare: Do we have to fear somebody? We have to fear hackers who might trigger a war. I think we have to fear young men in planes and ships who have command of systems that could ignite a war unintentionally, but it's the whole system that we have to fear. I don't think there's a boogeyman. I think there's a system.

David Feldman: Right, right.

Ralph Nader: By the way, Michael, give that website for the Friends Committee slowly because listeners, they do have very accurate and clear information for voters back home. I mean I'm very impressed with the Friends Committee on National Legislation.

Michael Klare: Yeah, the Friends Committee on National Legislation [FCNL]. The Friends are the name that Quakers use to describe themselves and its "F" as in friends, F-C-N-L, Friends Committee on National Legislation. fcnl.org.

Ralph Nader: Well thank you very much, Michael. Thank you for years and years of enlightenment and standing up to the conventional warfare state and documenting it in great detail. You have to go through enormous esoteric materials that very few have the patience or knowledge or interest to access and then translate it into clear articles in The Nation and various books that you've written. Thank you very much, Michael Klare. To be continued.

Michael Klare: Well, thank you for your good work.

Ralph Nader: You're welcome, Michael.

Steve Skrovan: We have been speaking with Michael Klare, author of numerous books and articles about war resources and foreign affairs. We will link to his work at ralphnaderradiohour.com. We're going to take a short break. When we come back, we're going to dive into the mailbag and Ralph will give long-awaited answers to your listener questions. But before we do that, let's hear from our Corporate Crime Reporter Russell Mokhiber. You are listening to the Ralph Nader Radio Hour, back after this.

Russell Mokhiber: From the National Press Building in Washington, D.C., this is your Corporate Crime Reporter “Morning Minute” for Friday, August 2, 2019. I'm Russell Mokhiber.

Textured breast implants made by Allergan had been linked to an unusual cancer and are being recalled in the United States at the request of the Food and Drug Administration, and will also be recalled globally; that's according to a report in the New York Times. The FDA decision, based on an increasing number of cases and deaths from the implant-associated cancer, lags far behind action in Europe, where the Allergan devices were effectively banned late last year. Worldwide, 573 cases and 33 deaths from the cancer have been reported, with 481 of the cases clearly attributed to Allergan Biocell implants, the FDA said. For the Corporate Crime Reporter, I'm Russell Mokhiber.

Steve Skrovan: Thank you, Russell. Well let's open up the mailbag and take a listener question. David, why don’t you take the one from Dale West?

David Feldman: This comes from Dale West. "Ralph, do any of the trade agreements like NAFTA protect Boeing from prosecution? Do these trade agreements restrict US regulators from banning the defective 737 MAX? Can Boeing or the airline sue the US government for grounding these unsafe planes under these treaties?"

Ralph Nader: Dale, the answer to all three questions is no. There's exclusion for this kind of safety situation that the Boeing 737 MAX reflects.

David Feldman: Okay. Well, that was short and sweet. So, Ralph, a lot of our inbox is filled with, actually most of it, is filled with listeners suggesting guests and topics for us. You wanted to address a few of those.

Ralph Nader: Yeah, we can't put everybody's suggestions on the air. There just isn't enough time. But that doesn't excuse us from giving voice to our listeners and their suggestions. And here are a few. Karen Stansbery suggests Philip Ackerman-Leist, author of A Precautionary Tale; she bought her copy from Acres Press. It's about a small community fighting to keep their valley free from pesticide drift from huge apple companies. Another listener, David Mazurek writes, "Dear Ralph, I really think you would appreciate the climate activist group, Citizens' Climate Lobby in their grassroots effort to pass fee-and-dividend legislation to curb greenhouse gases. James Hansen would be a great guest to speak about Citizens' Climate Lobby's efforts."

Well we had David Freeman on who, I think, doesn't think the Citizens' Climate Lobby goes fast and far enough. He wants a graded prohibition of fossil-fuel consumption year after year to eliminate them. And he doesn't think that a carbon tax is a tough enough measure and can be easily gamed by the fossil fuel companies. Cher Gilmore says, "I heard your recent interview with Paul Hawken on our local public radio station, KPFK in Los Angeles, where you were discussing his book Drawdown and climate change in general; you touched briefly on the carbon-fee plan proposed by Citizens’ Climate Lobby, and Paul opined that if a carbon tax could be made to happen, it would be fantastic. He was doubtful though about national solutions because government at the national level is so corrupt." Well once again, there are real supporters of a carbon tax; you're not going to get one that's going to pinch enough through the US Congress. ExxonMobil has been for a carbon tax and you can imagine what suspicions that raises in the minds of people like Dave Freeman who want to go much more rigorously with the prohibition approach on fossil fuels. Michael Romano says, "Would you please consider having as a guest the great underappreciated British filmmaker Peter Watkins? If unfamiliar, please see The Journey, a deeply moving 14-hour antinuclear documentary war game. Punishment Park and Privilege are other films by Peter Watkins [The War Game]--don't miss any of them. A true original, he is Peter Watkins. Most of his films are made in true democratic fashion with nonprofessional actors, spontaneous dialogue and full participation from everybody involved. Thank you for all you do. Your podcast supplies endless inspiration for me." I hope we produce a civic perspiration, Michael, and Peter Watkins sounds like a very good candidate to come on our show. Thank you very much for suggesting it. Jeff Kunz says, "Please consider having a spokesperson from PEER on to discuss mercury-laced propellant for satellites. Thank you." We love PEER. This is a group started by foresters working for the National Forest Services spread to environmental specialists working for the federal government. And they're pushing for all kinds of important changes and protections on the public lands. And they have two or three offices with full-time staff, so thank you very much for that recommendation. Deirdre Gilbert suggests herself as a guest. I am the National Director of National Medical Malpractice Advocates Association and I'm interested in being on your show. Please let me know if that is possible." Well, you're working on one of the greatest sources of preventable violence in America. Johns Hopkins University study shows a minimum estimate of 5,000 people a week on average die from preventable problems while they're in hospitals. So, keep up the work, Deirdre, and we'll see if you can be on the show someday. Here's one from Marc Abizeid, "You should have an Economist, Michael Hudson, on the show. I just watched him on the Keiser Report. He's absolutely brilliant. I suggest you consider having him on as a guest." I've heard of him. We'll look him up. Thank you very much, Marc. Okay this is Peter Catul. His subject, "Rise of the German Green Party." He just saw this headline, grabbed his attention. “I think this would make for a great show topic, he said, especially if you'd be able to compare and contrast with the Green Party of America. Perhaps you could find the guest to interview on the topic. Thank you for all the great work you do. A faithful listener, Peter Catul." Well, the big difference is proportional representation. When the Green Party in Germany got 5% of the vote, it got 5 % of the members of parliament. If we got 10%, 10%. If it got 4%, it got nothing. Here, the Green Party would have to get a majority of the votes or a plurality of the votes to get any member of Congress, which explains why the Green Party is now one of the most dominant parties in Germany. And the Green Party in America has been marginalized and kept off the debates. But Howie Hawkins is going to be the new candidate for president and he's a very seasoned person, a former marine. He's run for local office in Syracuse. He's a grassroots organizer, and I think he's going to give more visibility to the Green Party in 2020.

David Feldman: Do they still consult with you, Ralph?

Ralph Nader: Yeah.

David Feldman: Because I haven't heard of him and this is kind of breaking news.

Ralph Nader: Yeah, it is. He's going to run and he'll get the nomination, yeah.

David Feldman: Um-hum. How old is he? Is he a young guy or . . . ?

Ralph Nader: He's about 65. He's is a Dartmouth grad. He was a marine during the Vietnam War. And he's extremely well-read and very articulate in a very low-key way. I've never seen him raise his voice. He's a Teamster. He makes his living by lifting packages for the post office. He makes his livelihood unloading trucks and lifting packages and delivering them.

David Feldman: Imagine if we had one person in Congress who left that kind of job to go to Congress, one.

Ralph Nader: Yeah, isn’t that amazing? Yeah.

David Feldman: Or a farm or something, yeah, just like it was intended.

Ralph Nader: It just shows you the exclusionary nature of the political system, right, because you're excluding tens of millions of people.

David Feldman: Yeah, yeah. Anything else you want to cover there?

Ralph Nader: Yeah, this is interesting. This is from the University of North Carolina Press and she's suggesting that we invite Dr. Norton Hadler to be a guest. "And Dr. Norton Hadler has a pamphlet called Promoting Worker Health: A New Approach to Employee Benefits for the 21st Century. Well this is basically a suggestion to provide an alternative to the frozen workers' compensation model which involves, you know, hundreds of thousands of worker injuries a year and this sounds very interesting. The promoter from University of North Carolina Press says, “It's both appealing and potentially revolutionary if successfully adopted. I believe it's altruistic, ethical, and logical premise is what is needed”. And this is apparently an endorsement by Ron Goetzel, PhD, Journal of Occupational and Environmental Medicine. Thank you very much, Regina Mahalek, Director of Publicity UNC Press.

David Feldman: Then we'll probably make that happen.

Ralph Nader: Yes, we're going to consider these. Thank you very much, listeners. Still keep going. This is Dale West and he suggests the following guests. "Dr. Jay Friedman, author of “The Complete Guide to Dental Health”, with 55 years in dental public health, an advocate for dental care and dental insurance standards, would be most enlightening. His efforts to create dental therapists in the US to engage the underserved and public schools is worth exploring. His critique of the private dental system and Medicaid dental fraud is noteworthy as well." You know, David and Steve, I once went to a dentist for a root canal and it cost like 1,600 bucks at the time. Then I said to the dentist, how can normal working folk people afford this? And he said, "They can't. Their only alternative is to have the tooth pulled." Isn't that an amazing concession?

David Feldman: Well, yes and no. There's an article that came out two months ago in The Atlantic or Harpers about dentistry. It was an exposé. And I reached out to the author. He didn't get back to me. But he would definitely do this show. Most dental work is unnecessary like a root canal. They’ve done studies . . . you must have done studies on this, where you go from dentist to dentist and you get a whole range of diagnoses depending on what they think you can afford, including root canals.

Ralph Nader: That's right. There's overdiagnosis in dentistry, the way there is in [the] physician world. And of course, diet has a great deal to do with prevention of caries. The whole point is that dentistry has become so expensive, that is complex dentistry, that basically there's no dental insurance that even comes close to covering it.

David Feldman: Right. The name of the story is “The Truth About Dentistry: it’s much less scientific and more prone to gratuitous procedures - than you may think.” That's written by Feriss Jabr in the May issue of The Atlantic. I'm going to send it to you.

Ralph Nader: I've read about dentists that go too quick to recommending crowns, recommending pulling teeth, recommending artificial tooth, and the difference between these dentists and the really confident and honest dentists is really extraordinary. That's why you got to learn how to pick a dentist.

David Feldman: I once talked to my dentist about, I assumed that dental health was not good in ancient times because they didn't have modern dentistry. And he says, "Well, it's actually quite the opposite. The anthropological studies and the paleontological studies, when they dig up these skulls, their teeth are pretty much intact." And I said why is that? He says it's probably because they were chewing on roots and branches and not eating processed food that deteriorates the teeth.

Ralph Nader: And sugar.

David Feldman: And sugar. And so actually, dentistry is probably much less needed back in ancient times than it is now.

Ralph Nader: They found the same thing with indigenous tribes in our contemporary world. There's a dentist actually who went to study the teeth of indigenous tribal people who do not eat processed foods ever. And the minute they start eating packaged processed foods in stores, their teeth's health deteriorates and they get all kinds of cavities.

Steve Skrovan: Well, thank you everybody for your questions and your suggestions. Keep them coming on the Ralph Nader Radio Hour website. I want to thank our guest again, Michael Klare. For those of you listening on the radio, that's our show. For you podcast listeners, stay tuned for some bonus material we call the Wrap-Up. A transcript of this show will appear on the Ralph Nader Radio Hour website soon after the episode is posted.

David Feldman: Subscribe to us our Ralph Nader Radio Hour YouTube channel, and for Ralph Nader's weekly column, it's free, go to nader.org and get it delivered directly into your inbox. For more from Russell Mokhiber, go to corporatecrimereporter.com.

Steve Skrovan: And Ralph has got two new books out, the fable, How the Rats Re-Formed the Congress. To acquire a copy of that, go to ratsreformedcongress.org, and To the Ramparts: How Bush and Obama Paved the Way for the Trump Presidency, and Why It Isn't Too Late to Reverse Course. We will link to that also.

David Feldman: The producers of the Ralph Nader Radio Hour are Jimmy Lee Wirt and Matthew Marran. Our executive producer is Alan Minsky.

Steve Skrovan: Our theme music "Stand up, Rise Up" was written and performed by Kemp Harris. Our proofreader is Elisabeth Solomon.

David Feldman: Join us next week on the Ralph Nader Radio Hour. Thank you, Ralph.

Ralph Nader: Thank you, everybody. If you want to give the book, How the Rats Re-Formed the Congress, to a friend, I'd be happy to autograph it and inscribe it in that fashion.
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Re: Ralph Nader Radio Hour

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RALPH NADER RADIO HOUR EPISODE 195: The Difference Between Liberal and Progressive
December 9, 2017

Ralph and Washington Post columnist, E.J. Dionne debate the distinction between “Progressive” and “Liberal,” and Original Nader’s Raider, Robert Fellmeth tells us why he thinks speech on the Internet should not be anonymous.

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E. J. Dionne writes about politics in a twice-weekly column in the Washington Post and on the Post Partisan blog. He is also a senior fellow in governance Studies at the Brookings Institution (https://www.brookings.edu/), a government professor at Georgetown University and a frequent guest on NPR, ABC’s This Week and MSNBC. He is the author of seven books, the latest of which is “One Nation Under Trump: A Guide For the Perplexed, the Disillusioned, the Desperate, and the Not Yet Deported.”

“I don’t see the same sharp distinctions between the center/left and the left right now in the U.S. or – as you put it – between liberals and progressives. For example, take the issue of universal healthcare. Some of my progressive friends say that only single-payer is the way to go. I have nothing against single-payer. It’s a system that works in many countries. I also think that universal coverage that would essentially treat the health system as a public utility, which is kind of what you do in Germany or the Netherlands – that that would work as well. I think we should have a healthy argument about what’s going to work better, not some argument that says only single-payer is the way to achieve universal coverage.” E.J. Dionne

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Transcript
[Transcribed by Tara Carreon]

[PROGRESSIVE, Ralph Nader] Let me ask you this question: When you look at the Washington media these days, they often like on the Sunday talk shows, and Judy Woodruff, they often want to have both sides represented, so they have a conservative and they have a liberal. And I’ve often wondered why they don’t have progressives. And let’s see if you share my distinctions. What do you see as the distinctive characteristics between people who call themselves “liberals,” “Clinton liberals,” for example, and people who call themselves “progressives,” who might have voted for Bernie Sanders or like former Congressman Dennis Kucinich [Note: or third party green candidate?]. What do you think the distinction is? And I think this is important, because I think the progressive side is getting bigger and bigger in polls and numbers on many issues, but they are not getting access to the media.

[LIBERAL, E.J. Dionne] Well, first of all, I just want to shout out Judy Woodruff as a journalist, she’s actually one of the best. I’m a big fan of hers. So much of this depends on how you define a liberal and how do you define a progressive. There was a while where “liberal” had become such a demonized word that a lot of liberals just took the label “progressive”. I used to say that a “progressive” was a “liberal” who has looked at the polls. And historically, I don’t see as big a distinction as you do between the words “liberal” and “progressive.” If you look at our history, people broadly on the left and center-left called themselves “progressive” until the New Deal Roosevelt really grabbed the title of “liberal” which used to be a kind of pro-market conservative word. And Roosevelt transformed its meaning.

Here, we may have some disagreements because I don’t see the same sharp distinctions between the center-left and the left right now in the U.S., or as you would put it, between liberals and progressives.

For example, take the issue of universal health care. Some of my progressive friends say that only single payer is the way to go. I have nothing against single-payer. It’s a system that works in many countries. I also think that universal coverage that would essentially treat the health system as a public utility, which is kind of what you do in Germany or the Netherlands, that that would work as well. I think that we should have a healthy argument about what’s going to work better, not some argument that says “only single-payer is a way to achieve universal coverage.”

In terms of the media, I’d like to see more voices across the spectrum. I think for a long time the conservatives complained so much and so often about the supposedly “liberal media,” that some of those discussions really did get tilted to the right in the kind of balance, or false balance that they had. So I’m sympathetic and happy that you complain, because I do think we need a broader sense of the discussion. What I wrote at the time was that Bernie Sanders’ campaign did give us a much clearer sense of where the left side of the political spectrum actually was. I used to joke when President Obama was called a “socialist,” by conservatives that I actually knew some socialists and they were insulted when President Obama was called a “socialist,” because he was no socialist. So I am with you with wanting to expand the number of voices in the public media, but as I say, I think the left and center-left have more in common than perhaps you do.

[PROGRESSIVE, Ralph Nader] I think, in a sense, as the word “liberal” becomes tarnished, a lot of liberals are now calling themselves “progressive,” including, by the way, Hillary Clinton when she was nominated on the Democratic ticket, she called herself “progressive.” Here’s what I think the distinctions are, E.J.: I think progressives are more worried about the military-industrial complex, the militarization of foreign policy, the spread of empire, the constant violation of international laws through armed intrusions into international sovereignties, drones, special forces, bases all over, whereas I think liberals tend to support the Pentagon budget, and don’t challenge it very much. Indeed, it’s not even auditable. The General Accounting Office, now called Government Accountability Office in Congress, every year says that the Pentagon has not provided auditable information to be audited, which means the Pentagon is violating a 1992 federal law requiring auditable data. And all other government agencies, too. And that’s not even an issue for liberals.

Domestically, E.J., I think progressives are much more concerned about corporate crime: Wall Street Crime, Oil Company crime, commercial crime, Wells-Fargo-type crime, credit-type-pay-day-loan-rackets than liberals are. And I think, also, they want more coverage of things like this: Johns Hopkins University School of Medicine had a report over a year ago that at least 250,000 Americans die every year from preventable problems in hospitals: malpractice, hospital –induced infections, etc. That’s 5,000 a week, and that was a one-day story in the so-called “liberal” New York Times and Washington Post.

I think they are also concerned about the media black-out. We had the greatest conference with more civic leaders and more civic thinkers on progressive issues and more redirections and reforms, 8 days at Constitutional Hall last year, a “Breaking Through Power” conference, and it was completely blacked-out. There were 162 speakers, many of them you know, real leaders, real accomplished people, and they were blacked out by NPR, PBS, I had a long talk with Judy Woodruff, she wouldn’t have any of them on, great human interest stories, great historic achievements and they were blacked-out by the mass media, of course. So they are very much concerned about the corporate domination and the concentration of the media. And above all, they are concerned about our commercial culture eroding our civic culture, and subordinating our civic culture and civic activity, and civic remedies to the supremacy of the corporatists. Do you find that a useful series of distinctions?

[LIBERAL, E.J. Dionne] [Laughs] HOW TO RESPOND TO ALL OF THAT!? Let me just pick a couple of points out that you mention. I think there has been a long argument again, across the left and center-left, over what their attitude is toward America’s role in the world, toward American intervention, toward what the size of the Pentagon budget should be. Again, I just want to challenge this premise of “Progressive vs. Liberal.” I think there are people who are legitimately called “progressive,” who were in favor of the war, and a substantial American role, and people who called themselves “liberals” who were more skeptical. So I’m not sure I buy the distinction on that issue. But yeah, there’s a real argument over what America’s role in the world should be. I think on the issue of corporate power, who passed all of the kinds of bills that you were for back in the 1960s to create the various agencies that protect consumers and regulate business? Most of those people called themselves “liberals.” But they were very much concerned with the power in the American economy, and they were concerned with putting limits on what corporations could do, and saying that there were limits on how much they could pollute; there were limits on how they could treat or mis-treat workers; there were limits on what they could get away with selling in the marketplace that was defective. I think that’s something that unites “liberals” and “progressives,” or “liberals” and “social democrats.” AND I THINK THAT SINCE THE GREAT RECESSION IN 2007 AND 2008, I THINK THERE’S BEEN A LOT MORE ATTENTION AMONG LIBERALS, AND THERE SHOULD HAVE BEEN EARLIER, TO THE WAYS IN WHICH OUR ECONOMY WAS NOT ONLY TILTED MORE AND MORE TOWARD THE VERY PRIVILEGED BUT ALSO HAD BEEN ALLOWED TO RUN FREE IN A WAY THAT PROVED VERY DESTRUCTIVE TO THE ECONOMY AS A WHOLE, AND PARTICULARLY TO THE LEAST WELL-OFF PEOPLE IN IT.

And in terms of the media black-out, I think you are complaining about the coverage of a particular conference – I get lots of complaints about coverage of all sorts of things, and so I don’t really know enough about all of that to comment. But I can see that you were very upset about the lack of attention your conference got.

[PROGRESSIVE, Ralph Nader] Yeah, since it was the biggest one ever in American history on more redirections and reforms. We tried to not be a single-issue gathering. But I’ve also found progressive are more likely to speak out on behalf of unions; they’re more likely to look at structural changes that will change the level of systemic poverty in the country. You’re right that in the 1960s they all called themselves “liberals,” and we got all of these bills through. BUT SINCE THEN WE’VE SEEN THE EMERGENCE OF THE CORPORATE DEMOCRAT. WE’VE SEEN THE EMERGENCE OF CORPORATE LIBERALS. And the reason that I’m dwelling on this, E.J., and the listeners might be wondering, is because I want to segue into a book that you wrote in 1996 which is titled provocatively, “They only look dead. Why progressives will dominate the next political era.” And in a review of your book by Michael Lind, he said that you argue quite plausibly “that the new conservatism will fail because it seeks to define away the problems we face. Yet, E.J. Dionne’s vision of a new progressivism ignores some practical steps such as a move away from identity politics that must presage such change.” Well, I think you’ll agree that you were excessively optimistic here, E.J., that if anything, the right-wing now controls the Congress, the White House, a majority of governors, a majority of state legislators, and the question emerges, “What’s left of the left?” What happened to your progressive prediction that they are going to rise and be the prevailing theme of American politics after 1996?

[LIBERAL, E.J. Dionne] I always like to say that progressives will have won when people stop chuckling over the title of my book. I actually think that if you look at the trajectory of politics from 1996 to now, we have actually had ups and downs in that period, and we are definitely at a down point. AND JUST PARENTHETICALLY, ONE OF THE REASONS I AM NOT SYMPATHETIC TO DRIVING THIS HARD WEDGE BETWEEN LIBERALS AND PROGRESSIVES, OR CENTER-LEFT AND LEFT, IS BECAUSE I THINK THERE ARE THREATS, BOTH TO DEMOCRACY ITSELF, TO BASIC EQUALITY IN THE COUNTRY, TO SOCIAL JUSTICE, THAT THE LEFT AND CENTER-LEFT NEED TO UNITE TO TAKE ON RIGHT NOW. But the theory of the book I still will stand by, and I suspect it’s a theory that you will actually agree with, which is I compared our time then to the time that led to the rise of the progressive era. And what they have in common is a sharp change in the way the nation organized itself. Back then people were moving from farm to factory. We had high levels of immigration. The rules of the old economy were changing, but the rules of government had not responded to those changes. And the people who were dislocated by those changes, people who felt their power had been reduced in the new factory-oriented economy, organized in a variety of ways, and you got not only the progressive era, but also the New Deal, which really did try to reorder American democracy to deal with a very different economic circumstance. I think we are in a very similar period now where you have a shift from a manufacturing that employs a lot of American workers to something more of a service economy. And you have the rise of the same inequalities. It’s probably a statistic you’ve quoted often that WE HAVE A DEGREE OF INEQUALITY NOW THAT WE HAVEN’T SEEN SINCE RIGHT BEFORE THE GREAT DEPRESSION. AND SO I STILL THINK THE LOGIC OF THE SITUATION LEADS TO A NEW ENGAGEMENT WITH PROGRESSIVISM IN THE UNITED STATES.

Now there have been severe setback. I think cultural issues have divided us, and that’s part of it. And here again I think that we are in a similar if not identical place: I think a lot of working people looked at those moments of progressive government that we had over the last 20 years and said, “Even though those guys – democrats, liberals, and I would say progressives, too – were in power, these inequalities were not really arrested.” And one of the points we make in our new book in response to Trump is that we’re in the soup because there are so many parts of the country, both in the inner city and in old working class towns like you and I grew up in, where people sense this economy is not working for them. They have traded $20 and $30 per hour jobs for $10 an hour jobs. And so there is something for progressives to respond to. So there is a critique for the side I tend to support, which is that we haven’t delivered enough to the constituencies we claim to represent. And I think that’s the challenge of the next decade.
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Re: Ralph Nader Radio Hour

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Part 2 of 3

[PROGRESSIVE, Ralph Nader] Well, in Michael Lind’s review of your book, he says, referring to you, E.J., “he does warn if they falter” – meaning, the democrats – “if they falter and do not usher in a new progressive period, the call for third and fourth parties will grow as the country seeks alternatives to republican policies premised on the idea that governments can almost never do good.” So what do you think happened to these third and fourth parties on both sides, third party conservative, libertarian, green, etc. Do you think the two party duopoly and the rigged ballot access rules and the winner-take-all, and the Gerry-mandering, and the electoral college, what do you think that’s done? And do you still favor a broader array of voices and choices on the ballot for the voter, with third and fourth party agendas?

[LIBERAL, E.J. Dionne] THIRD AND FOURTH PARTIES DON’T WORK IN A SYSTEM LIKE OURS BECAUSE OF FIRST-PAST-THE-POST, SO THAT IF PEOPLE VOTE FOR THEIR FIRST CHOICE, THEY OFTEN TAKE VOTES AWAY FROM THEIR SECOND CHOICE, AND THEY GET THEIR LAST CHOICE. And I think that happened to a lot of people in the last election. I am for a system of single transferable vote where you can vote your first choice, but if your first choice doesn’t get enough votes to be able to form a majority, your ballot transfers to your second choice. And I think that is a political reform that answers this problem. And in the meantime, and you and I have been through this a lot about your candidacy back in 2000, where you were very kind and gave me an interview for a piece in which I was arguing that you shouldn’t be running for president. And I thought it was very good of you to give me an interview knowing that I was writing such a piece. And I felt that way because given the configuration of the system, AND WE DON’T HAVE TO GO THROUGH WHETHER YOUR ELECTION DID OR DID NOT HELP ELECT GEORGE BUSH, BUT UNDER THE CIRCUMSTANCES, A LOT OF YOUR VOTES CAME OUT OF AL GORE’S HIDE, AND IT CREATED A PROBLEM. A Single-transferable vote or some other system of that sort gets around that problem, and so your own supporters could have redistributed their ballots as they saw fit.

[PROGRESSIVE, Ralph Nader] Well, I don’t want to go through that again, except that Al Gore thinks he lost because, No. 1, he won the popular vote and lost the electoral college which threw it into Florida where all the shenanigans took it away from him, from Tallahassee all the way to the political decision at the Supreme Court. And the Green Party should not be blamed for all of that. You give them delusions of grandeur, E.J.

[LIBERAL, E.J. Dionne] I think there is a mathematical case to be made that, take New Hampshire. If New Hampshire had gone the other way, we wouldn’t have got to Florida. So I really do think there is a problem with third party voting as long as it’s a first-past-the-post election. There are multiple systems. The point is a system that allows people to express second and third preferences, they use it in Australia and it works just fine.

Bush Stole the 2000 Election -- and Is Ready to Do It Again

While Democratic partisans argue that Nader cost Gore the election, this is untrue for a variety of reasons, as most campaign experts know.

One, most progressives know that the election was stolen by Bush. Gore won the nationwide popular vote; he also won the Florida and electoral college vote. The U.S. Supreme Court gave away the election. The Democratic Party and the Gore campaign did little to prevent the theft of the election, starting with their failure to aggressively challenge the illegal disenfranchisement of African-American voters in Florida or even to demand that every vote be counted.

Nor have the Democrats made it a major priority to demand election reform since the election, starting with the failure to adopt fairer electoral systems such as preferential voting, or to address the problems with the electoral college. The proposals that have been adopted through the federal Help America Vote Act (HAVA) have increased the likelihood that the election will be stolen again through manipulation of computerized voting results and disenfranchisement of many new voters through improper enforcement of ID requirements, but the national Democratic Party has been largely silent on these issues.

Second, the Nader and Green electoral efforts in 2000 helped the Democrats more than it hurt them. Polls show that more than a million people voted just because Nader was on the ballot. Many of these voters also cast votes for Democratic candidates for other offices, and helped provide the margin of victory in at least two U.S. Senate races, allowing the Democrats to reclaim control of the U.S. Senate. Without Nader on the ballot in 2002, the Democrats promptly lost control. In addition, whenever Gore responded to the Nader candidacy by articulating a more progressive, grassroots agenda, his standing in the polls went up. Whenever he tried to sound more like a Republican to attract the center-right votes, his standing went down.

For the record, polls showed that if Nader had not been in the race, of the three million Americans who cast votes for him, 25 percent would have voted for Bush, 38 percent for Gore, and 37 percent would not have voted. The net gain from Nader voters for Gore would have been 13 percent (38 percent minus 25 percent), not 100 percent. However, the Democrats have decided to throw away this 13 percent net gain by failing to embrace preferential or IRV voting.

***

The lesser-evil strategy of Anybody But Bush rendered progressive movements demoralized after the election. Not only did they fail to beat Bush, but the self-censorship involved in supporting the pro-war corporate Kerry campaign silenced the voice of the peace and other progressive movements. The professional liberals are blaming the supposedly conservative values of Americans, the tactical mistakes of the Kerry campaign, the sycophancy of the corporate media, everything but their own surrender to the politics of the lesser evil. The more upbeat post-election assessments try to highlight a new progressive institutional infrastructure to support the Democrats, including America Votes, Progressive Majority, Camp Wellstone, Democracy for America, Center for American Progress, Air America Radio, Media Matters, MoveOn.org, and Progressive Democrats of America, groups that are bankrolled in large part by liberal capitalists like currency speculator George Soros, insurance magnate Peter Lewis, and bankers Herb and Marian Sandler, who collectively have pledged to put $100 million into this infrastructure over the next 15 years. [60] But these assessments probably say more about career opportunities for professional liberals than the real prospects for any antiwar, anti-corporate insurgency inside the Democratic Party.

In their rank-and-file majority, Democratic voters were against the war in Iraq and for domestic policies that would benefit working people. But in a case of lesser evilism run amok, Democratic progressives defeated themselves by voting for pro-war corporate Kerry as the "electable" candidate in the primaries, leaving the antiwar candidacies of Dennis Kucinich and Al Sharpton with a combined total of barely 1 percent of the Democratic National Convention's delegates. Kucinich kept his campaign going up until the convention on the promise that he would fight there for antiwar and other progressive platform planks. But then, finding that he could not even muster the 20 percent support required for a platform committee minority report to force a vote of the whole convention on his alternative planks, Kucinich withdrew those proposals at the Democratic Platform Committee meeting. He could have at least made the committee members go on record as to where they stood on his progressive planks by calling for a vote on his proposals. But he instructed his people on the committee to drop his platform amendments without calling for a vote. That was how the progressive remnant of the Democratic Party went down to a crushing defeat and gave up without a fight in 2004. [61]

Not only were the movements dispirited, they were also confused by the defensive campaign around Kerry as the lesser evil. They were unable to recognize serious harms when advanced by the "lesser evil" and consequently they were inert as the congressional Democrats' pushed through the Intelligence Reform and Terrorism Prevention Act of 2004 in December. Seeking to bolster their credentials as "National Security Democrats" and one-up the Republicans' anti-terrorism warriors, the Democrats goaded a bloc of reluctant moderate Republicans into passing the bill despite their concerns about its further erosion of civil liberties and its concentration of the intelligence apparatus in the hands of the Pentagon. While the creation of the intelligence czar captured the headlines, the small print in the bill enacted key elements of Bush's proposed Patriot Act II, including steps toward a national ID card with federal standardization of state drivers' licenses and ID cards, expanded FBI powers to conduct secret searches and surveillance, detention without bail for accused terrorists indicted by grand juries, and sharing secret grand-jury information with foreign and domestic law enforcement agencies.

When the new session of Congress convened in 2005, Democrats provided comfortable margins of victory for a string of Republican initiatives: a bankruptcy bill that virtually restores debt peonage; a tort reform bill that closes the state courts to many class-action suits against corporate crimes; and an anti-conservation, pronuclear energy bill. When Bush asked in March for authorization to spend $82 billion more for the wars in Iraq and Afghanistan, the Senate approved it 99-0, and only thirty-four Democrats in the House, less than 20 percent of the Democratic caucus, voted against further funding of the occupations.

***

That a Green campaign might "spoil" the Democrats' chances is exactly what compels attention to the Green alternative. ... Spoiling the Democrats is not our goal. Our goal is to advance our program.

***

Blaming Nader absolved the Republicans of their suppression of the Black vote in Florida, the Democrats of their refusal to challenge it, and the U.S. Supreme Court of their selection of Bush, where the majority opinion stated that "the individual citizen has no federal constitutional right to vote" in presidential elections. [30] Blaming Nader excused the electoral college system that denied victory to Gore, who won the national popular vote. Blaming Nader perpetuated the corporate media's suppression of their own comprehensive ballot recount finding that Gore actually won the Florida vote. [31] If one accepts that Nader cost Gore two states (New Hampshire and Florida), then one must also acknowledge that Buchanan cost Bush in four states (Oregon, Iowa, Wisconsin, and New Mexico) and that Buchanan cost Gore Florida due to the deceptive butterfly ballot in Palm Beach County. One can cite dozens of conditions necessary for Bush to prevail over Gore. Singling out Nader was more about stopping Nader and the Greens than explaining what really happened in 2000. [32]

***

A June 2004 Gallup poll found that "With Nader thrown in, Kerry's percentage among Black voters declined from 81 percent to 73 percent. Nader drew 10 percent of Black voters, dropping Bush to only 9 percent. Among Latino voters in a three-way race, Kerry's support fell from 57 percent to 52 percent, while Bush's fell from 38 percent to 35 percent. Nader was the choice of 8 percent of Latino voters." "Poll: Kerry Leads Among Minority Voters," CNN.com July 7, 2004, http://edition.cnn.com/ 2004/ALLPOLlTICS/07/06/gallup.poll/. After Nader did not receive the Green Party's support at the end of June, his numbers among all groups fell considerably. But election day exit polls showed that the proportion of Nader's voters that were non-white was 48 percent (5 percent Black, 36 percent Latino, and 7 percent other non-white), far higher than for Kerry (34 percent) and Bush (12 percent). Exit polls also showed more union households in Nader's base (33 percent) compared to Kerry's (30 percent) and Bush's (18 percent). Considering all the liberal hand-wringing over what the "moral issues" vote meant in 2004, it is worth noting that more voters who identified moral issues as why they voted for their candidate were in Nader's voter base (57 percent) than Kerry's (8 percent) or Bush's (35 percent). See the exit poll conducted by Edison/Mitofsky for the National Election Pool (ABC, AP, CBS, CNN, FOX, NBC), http://election.cbsnews.com/election2004/poll/poll_p __ u_s_aII_us0.shtml.

***

Ralph Nader, the iconic progressive who had been prominent on the national stage for forty years, had a resume with accomplishments and qualifications that dwarfed those of Kerry and Bush. Nader had been instrumental in the passage of more significant legislation than Kerry and Bush combined, perhaps more progressive federal legislation than all the current members of Congress combined, including the National Traffic and Motor Vehicle Safety Act, the Wholesome Meat Act, the Freedom of Information Act, the Clean Water Act, the Clean Air Act, the Community Reinvestment Act, and the acts creating the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency, the Consumer Product Safety Commission, and the National Cooperative Bank. To help advance the progressive reform agenda, Nader pioneered the concept of citizen action groups with lobbying and litigation capacities. He instigated scores of such groups to deal with consumer rights, energy and environmental issues, union democracy, investigative reporting, corporate crime, women's rights, racial discrimination, poverty, fair trade and corporate welfare, and to monitor the legislatures and government agencies. He had been arguably the most preferred candidate in the 2000 presidential election and might have won the election had it been conducted under a majority preference system instead of the electoral college plurality system. [3]

Camejo had just come off of two runs for California governor -- in 2002 and 2003 -- in which he received by far the most votes any Green gubernatorial candidate had received to date: nearly 400,000 votes, or 5.3 percent, in 2002, and nearly 250,000 votes, or 3 percent, in the 2003 recall election. Exit polls showed that his base of voters was disproportionately Black, Latino, and Asian-Pacific, as well as voters who had previously voted for Greens in lower proportions than other voters. People of color voted for Camejo at twice the rate white people did. Voters who earned less than $15,000 a year voted for Camejo at three times the rate voters making over $75,000 a year did. [4]

Nader and Camejo offered policies -- from ending the U.S. war in Iraq to creating a national health insurance program to spearheading public works projects to create millions of new jobs -- that had broad support among the people. Nader's 2000 campaign had demonstrated his capacity to raise funds and command media attention at the level needed to run a national presidential campaign with a significant impact on U.S. politics.

Since 2000, the Democrats had kept Nader in the national spotlight, keeping his media profile high with their constant whining about Nader's "spoiling" the 2000 election. Nader took most of the heat for the Green Party on this issue. His unbending defense of the Greens' right to run candidates should have earned him the Greens' lasting respect and laid the foundation for another united Nader/Green assault on the corporate-sponsored two-party system. But when delegates at the Green convention chose a "safe states" candidate over Nader, they implicitly affirmed the Democratic hacks' smear campaign against him. For the hacks, this was merely a convenient proxy for Greens or any other independent challenge to the Democrats from their left.

By the time Nader formally declared his candidacy on February 23, 2004, nearly every section of institutionalized progressivism had joined in the Democrats' vitriolic attacks against him. They said his campaign was driven by his ego, as if issues like ending the war and reversing the spread of economic insecurity were irrelevant. They said Nader was throwing away his progressive legacy by increasing Bush's chances for reelection. History may conclude in the end, however, that Nader's insistence on building an independent political alternative to the bipartisan consensus around militarism and corporate domination was a principled and logical extension of his career as a progressive reformer.

***

The spoiler argument against a Green run for president is garbage. The Democrats spoiled the election by, first of all, offering a phony alternative to the Republicans. And then the Democrats spoiled their own election by not fighting for what they had won in Florida. Contrary to the "Nader elected Bush" refrain of the Anybody- But-Bush Democrats, Nader probably helped Gore beat Bush in the popular vote. Analysts as different as Alexander Cockburn on the left and Al From, chair of the Democratic Leadership Council, on the Democratic right, note that exit polling data show that Gore did better with Nader in the race than he would have without Nader. While From uses this data to preposterously counsel Democrats to ignore their left and run to the right, Cockburn's explanation is obviously more persuasive: Nader's campaign forced Gore to articulate some populist, anti-corporate themes that brought many disillusioned Democrats back into the fold. Without Nader in the race, these Democrats would not have voted, and many of Nader's voters would not have voted either.

***

Corporate Rule through the Two-Party System

Since the Civil War, the moneyed class in the United States has organized its wealth into large corporations and controlled the government through its sponsorship of the two-party system. The corporate rulers finance two parties -- the Democrats and the Republicans -- to represent them. That way the corporate ruling class always has its people in power on both sides of the aisle in the legislatures and in the executive branch.

By financing two parties, the corporate powers give the illusion of democracy in a choice between two alternatives. But there is no alternative to the economic and foreign policies that are of primary concern to their wealthy sponsors. On economic and foreign policy matters, a pro-corporate "bipartisan consensus" prevails in both corporate-sponsored parties.

The two corporate parties always have some differences on social issues, such as civil rights in the 1950s and 1960s, and the controversies over gun control, gay marriage, and school prayer of recent elections. These issues are certainly important and progressives can always use them to determine that one of the corporate-sponsored candidates is the lesser evil compared to the other. The problem is that with election contests between the two big parties focused on social issues, the bipartisan consensus on economic and foreign policy goes uncontested. Between elections, both corporate parties work together to execute the economic and foreign policies favored by their corporate sponsors.

Only an independent political insurgency can break us out of this box to challenge pro-corporate economic and foreign policies as well as reactionary social policies.

***

Democrat Harry Truman's first presidential act was to order two atomic bombs dropped on the Japanese cities of Hiroshima and Nagasaki. Lyndon Johnson, the Democratic Party's "peace candidate" in 1964, had by 1965 massively escalated the Vietnam War -- a war that killed 1.3 million Vietnamese and 58,000 U.S. soldiers....Democrat Woodrow Wilson signed the Espionage Act of 1917, banning protest against U.S. participation in the First World War, and his administration detained and deported thousands of immigrants. In 1942, Democrat Franklin Delano Roosevelt forcibly "relocated" the entire Japanese-American population on the West Coast into concentration camps for the rest of the Second World War.

The Democratic Party's reputation as a liberal alternative to the Republicans is greatly exaggerated -- mainly by its liberal supporters. One need look no further back than the Clinton administration. As a candidate in 1992, Clinton promised to "put people first," but instead of advancing liberal principles, Clinton stole the Republican's agenda on key issues. The hallmark of Clinton's presidency was ending "welfare as we know it" in 1996 -- dismantling sixty-one-year-old New Deal legislation obliging the government to provide income support to the poor. Clinton also helped to pave the way for Bush's USA PATRIOT Act when he signed the 1996 Anti-Terrorism and Effective Death Penalty Act. Also in 1996, Clinton signed the Defense of Marriage Act banning gay marriage, and under his tenure the U.S. prison population nearly doubled in size....Clinton oversaw UN-sponsored sanctions against Iraq that led to the deaths of more than one million Iraqis, and U.S. warplanes dropped bombs on Iraq almost daily during his time in office. And Clinton signed the Iraq Liberation Act in 1998, calling for the U.S. "to seek to remove the regime headed by Saddam Hussein." Clinton's secretary of state, Madeleine Albright, admits in a recent Foreign Affairs article, "I personally felt [Bush's new Iraq] war was justified on the basis of Saddam's decade-long refusal to comply with UN Security Council resolutions on weapons of mass destruction."

***

Could Nader Win?

Furthermore, Nader's impact could be far greater than that of a potential spoiler for Kerry. The 2000 National Election Survey data show that only 9 percent of voters who preferred Nader actually voted for him. Fifty percent of Nader supporters didn't vote at all. Twenty-six percent of Nader supporters voted for Gore as the lesser evil to Bush. And 19 percent of Nader supporters voted for Bush as the lesser evil to Gore.

If all the voters who preferred Nader had voted for him in 2000, he would have won the election, receiving 54 million votes to Bush's 43 million and Gore's 38 million (if we add the Nader supporters who voted for their lesser evil to Nader's total and subtract them from Bush and Gore's totals). (These numbers are derived from Harvard political scientist Barry Burden's 2001 study of the National Election Survey data: "Minor Parties in the 2000 Presidential Election," see http://psweb.sbs.ohio-state.edulfaculty ... ce/burdosu. pdf.)

In 2004, with antiwar sentiment rising and Nader the only antiwar candidate, Nader could well rise into serious contention. It would be a tragedy if the Greens were on the sidelines in such a race supporting another candidate. But whether or not that scenario unfolds, the role of the Green Party should be mobilizing that latent majority who prefer Nader/Green policies, not running an unknown candidate because we fear spoiling the election for Kerry and the Democrats who oppose almost everything the Greens stand for. A strong vote for Nader will be a victory because it will help set the national political agenda just as Perot's 19 percent showing in 1992 compelled both major parties to rush to balance the federal budget.

***

There are differences between the policies of the Democratic and Republican parties. Just as there are differences between GM and Ford, General Electric and Westinghouse, the American and National League in baseball. But the similarity between the two parties is much greater than the differences. Both parties increasingly are financed by many of the same corporate and special interests and act accordingly after the election, rewarding their supporters. The Democratic track record on issues they cite to attract progressive voters -- the environment, women's rights, labor, the federal bench -- is much worse than their rhetoric at campaign time.

The list of the failures of the Democratic Party at the national, state, and local levels is dismal, and is far too long to be chronicled here. Their recent shortcomings include welfare, criminal justice, universal health care, campaign finance reform, global warming, childhood poverty, the ERA, hunger, homelessness, pesticides, genetic engineering, progressive taxes, corporate welfare, nuclear power, the Middle East, nuclear weapons, the military budget, child care, consumer rights, banking, insurance, the war on drugs, foreign policy, corporate crime, etc.

The Democratic Party seldom if ever takes principled stands. Instead, Democrats make decisions based on how it will help them with voters and reward their campaign contributors. At best, the Democratic Party believes for some strange reason that most voters are more conservative than they are, and pander to "them" by moving to the right, while telling progressives not to worry, it will work out in the end, just vote them into power. It didn't work with Clinton in 1992; why would anyone expect it will work with Dean in 2004?

***

Parties to Injustice: Democrats Will Do Anything to Keep Me Off the Ballot
By Ralph Nader
Washington Post
September 5, 2004

This summer, swarms of Democratic Party lawyers, propagandists, harassers, and assorted operatives have been conducting an unsavory war against my campaign's effort to secure a spot on the presidential ballots in various states. It is not enough that both major parties, in state after state, have used the legislatures to erect huge barriers, unique among Western democracies, to third-party and independent candidacies. Now they are engaging in what can only be called dirty tricks and frivolous lawsuits to keep me and my running mate, Peter Miguel Camejo, off the ballot while draining precious dollars from our campaign chest.

This contemptuous drive is fueled with large amounts of unregulated money, much of it funneled through the National Progress Fund, an ostensibly independent group led by Toby Moffett, a former Democratic congressman who is currently a partner in a largely Republican lobbying firm called the Livingston Group. By contrast, to defend ourselves from the assault, we have to draw on funds that are limited and regulated by the Federal Election Commission.

News reports show that the National Progress Fund and other so-called independent 527 organizations (named for the section of the tax code under which they incorporate) were operating openly at the Democratic National Convention. They held meetings to discuss the best strategies and tactics to push the Nader/Camejo ticket off the ballot and they raised money from Democratic fat cats to accomplish their goals. It is evident that these "independent" groups are actually not independent but working closely with the Democratic Party.

In addition, chair of the Democratic Party of Maine, Dorothy Melanson, testified under oath in a public hearing before Maine's secretary of state last Monday that the national Democratic Party is funding efforts throughout the country to stop Nader/Camejo from appearing on ballots.

These ties with Democrats don't prevent the 527s from accepting help from entrenched corporate interests, or even Republican quarters, to finance challenges of the signatures we have collected to meet the requirements of ballot access. According to reports filed with the Internal Revenue Service, Robert Savoie, president of Louisiana-based Science & Engineering Associates, donated $25,000 to the National Progress Fund in June. A month before, Savoie gave $25,000 to the Republican National Committee.

In Pennsylvania, where a court last Monday barred us from appearing on the ballot, signature challenges have been mounted by Reed Smith, a law firm whose political action committee primarily gives to Republicans. A lawyer from the firm boasted to the New York Times that "8 to 10 lawyers in his firm were working pro bono on the case, 80 hours each a week for two weeks, and could end up working six more weeks." The firm is counsel to twenty-nine of the top thirty U.S. banks, twenty-six of the Fortune 50 companies, nine of the top ten pharmaceutical companies, and fifty of the world's leading drug and medical device manufacturers.

The melding of these interests demonstrates that it is the corporate-political duopoly that is working to limit voters' choices for this November. For all their talk about free markets, the major parties do not tolerate competition very well. They don't want voters to be able to consider a candidate who advocates health care for all; a crackdown on corporate crime, fraud, and abuse; a shrinking of the military-industrial complex and corporate welfare; a living wage for all full-time workers; and a responsible withdrawal from Iraq.

The zeal of these ballot access sentries comes from a refusal to respect the rights of millions of voters to have the opportunity to vote for candidates of their choice. With their organized obstruction of our campaign's efforts just to get a place on the ballots, these authoritarians want to deny Americans more voices, choices, and agendas. The voters are the losers.

Watching their bullying maneuvers and harassing lawsuits around the country, I marvel at the absence of condemnation by Senator John F. Kerry or Terry McAuliffe, the Democratic National Committee chairman.

Senator Kerry told us that he would look into this situation seven weeks ago but we have not heard back from him yet. Around the same time, McAuliffe told me in a phone conversation that he actively approved of these organized efforts, one of which is ironically called the Ballot Project. He urged me to run only in the thirty-one states considered to be locked up by one of the two candidates.

Challenging the signatures of your rivals is an old political tactic, and when you're collecting hundreds of thousands of signatures, there are bound to be some that don't withstand scrutiny. But the Democrats are not just seeking compliance with harsh election laws. They are using dirty tricks to intimidate citizens.

That's the way it seemed to a fifty-eight-year-old supporter of ours in Oregon. On August 12, 2004, she was at home with her two grandchildren when she answered a knock on her door and found a man and woman who she said began threatening her with jail if there was any false information on the petitions she was collecting for our ballot access. These people, who called themselves "investigators," were dispatched by a law firm that has worked extensively with Oregon trade unions that have supported Democratic candidates. In many states our signature gatherers have been subjected to similar treatment in what is clearly an orchestrated campaign.

And some people who merely signed Nader/Camejo petitions have also been pressured. One person in Nevada got a call from someone who urged him to admit that he was tricked into signing our petition. When the petition signer said he had signed voluntarily, the caller continued to try to persuade him to claim that he had not signed the petition. After numerous requests, the caller identified himself and admitted he was from the Democratic National Committee in Las Vegas. A call to the number on the caller ID was answered, "Hello, DNC." We have similar reports from around the country.

Ballot access laws are so arbitrary and complex that they leave small parties open to legal pestering. In Arizona, large Democratic donors hired three corporate law firms to file frivolous challenges to our clearly ample number of signatures. For example, 1,349 signatures of registered voters were invalidated because the person who collected them had given his or her correct full address but had neglected to include the correct name of the county. The purpose of these exercises are, in lobbyist Moffett's words, "to neutralize [Nader's] campaign by forcing him to spend money and resources defending these things."

A covey of Democratic operatives in Illinois convinced the election board to disqualify signatures because the registered voters had moved since registering to vote even though they still lived in Illinois. The Democratic Speaker of the state House of Representatives sent state employees, contractors, and interns to review and challenge our ballot access petitions. The speaker wouldn't say -- when asked either by reporters or in a Freedom of Information Act request my campaign filed in July -- whether these state employees took leave from their taxpayer-paid jobs.

In other states, Democratic operatives are using a grace period after the filing date and directly calling voters who signed, pressing them to withdraw their signatures or say that they were misled so that the Democrats could allege fraud later in court.

The Democratic Party's machine is operating in many other ways, too. Its apparatchiks were waiting at the Virginia secretary of state's office on August 20 to say that our signature gatherers did not arrive in time, when in fact they arrived with twenty-five minutes to spare. The head of the state Elections Division, who happens to be the former executive director of the Virginia Democratic Party, refused even to accept our petitions until she was ordered to do so by the state attorney general.

To excuse and distract from this accumulation of organized misdeeds, the Democrats are feeding the press the Big Lie that the Republicans are bankrolling and supporting us. If the Republicans were to spend one-quarter as much to support us as the Democrats are spending to obstruct our access to ballots and our supporters' civil liberties, we would be on all fifty state ballots by now.

We have not been accepting signatures obtained through organized Republican Party efforts in the three or four states where we have learned of such activity.

We are trying, of course, to win over some Republican and independent voters who voted for George Bush in 2000 but are furious with him over endless deficits, federal regulation of local education, corporate subsidies and handouts, the sovereignty-shredding World Trade Organization and North American Free Trade Agreement, the big-government-snooping Patriot Act and, lately, the Iraq quagmire.

In 2000 about 25 percent of our vote came from people who told exit pollsters they otherwise would have voted for Bush. Yet the most recent independent review of our current campaign found that only 4 percent of our donations came from people who have also given to the Republican Party. The Center for Responsive Politics found that this group of fifty-one people gave $406,000 to the Republicans and $53,000 to Nader/Camejo. Amusingly, however, the center found that our Republican backers gave even more, $63,000, to the Democrats.

When I talked to Kerry, I cautioned him that if he did not order a stop to the dirty tricks of his Democratic underlings and allies, he may face a mini-Watergate type of scandal. For Democrats and Republicans who care about civil liberties, free speech, and an equal right to run for elective office, this festering situation should invite their very focused demands to cease and desist.

Hand it to the Democrats to keep some costs down, though. A contractor they hired in Michigan to make phone calls to check the validity of our tens of thousands of signatures outsourced the work to India.


***

Money vs. People: The Mystery of the 2004 Elections
By Peter Miguel Camejo
Published on http://www.greensfornader.net.
July 29, 2004

There is a mystery to the 2004 presidential election; a silence has fallen on America regarding a glaring contradiction. As we enter the second half of 2004, there is massive popular opposition to the war in Iraq and to the USA PATRIOT Act -- possibly a majority of Americans. Yet these same people are about to vote in overwhelming numbers for John Kerry for President.

But John Kerry and his running mate, John Edwards, gave President Bush eighteen standing ovations in January, voted for the war, say the war was right, insist on continuing the occupation of Iraq against its peoples' desires, want to increase the number of troops and nations occupying Iraq, voted for "unconditional support to Bush" for his conduct of the war, and backed Bush by voting against the U.S. Constitution for the Patriot Act.

The only explanation for tens of millions voting against their heartfelt opinions is the lack of free elections in America. There are no runoff elections. Without runoffs people are trapped. They fear expressing their true opinions. If they vote for what they are for, they are told, they will only elect Bush. They must learn to vote against themselves, to accept the con game of a two-party system. People are taught not to vote for what they believe but against an individual.

An unpopular policy once identified with an individual can be continued by replacing the individual, keeping the policy with modifications. In replacing Bush, Kerry pledges to more effectively forward the same policy of imperial domination.

If runoff elections existed tens of millions would vote against both Bush and Kerry and for peace. Once the myth of invulnerability of the two-party system is broken the dam against democracy and free elections will break. Already 25 percent of Americans are no longer registered Democratic or Republican; they seek alternatives.

The Democrats' fear of Ralph Nader is rooted in the programmatic conflict between their Party's stance and their supporters. This is the real story of the 2004 elections.

This mystery is never written about in the media -- it is America's dark secret.

The 2000 presidential election was stolen when some sixty thousand people, primarily African Americans, had their right to vote illegally revoked in Florida. The film, Fahrenheit 9/11, opens showing one African-American congressperson after another asking for an investigation. But their cry for justice was squashed because not one Senator, not one Democrat, not Paul Wellstone, Barbara Boxer, Ted Kennedy, John Kerry, or John Edwards would defend democracy, and stand up for free elections.

Three and a half years later the Democratic Party has not lifted a finger to establish free elections in America. Not in a single state have they called for runoffs so Florida could never happen again. They could not make it clearer: the Democratic Party prefers that Republicans win elections, even without majority support, rather than allow free elections where a third party or an independent candidate could attract tens of millions from their base. Their answer is simple: Ralph Nader must not run, must not be an alternative.

If free elections were held with a runoff system like in most civilized nations, if proportional representation existed where if a point of view receives 20 percent of the vote its supporters would receive 20 percent representation, then every vote would count, and the Democratic Party as we know it today would no longer exist. The one hundred million people who never vote would have a reason to vote. New parties would appear and a representative democracy would begin to blossom in America.

Ralph Nader has created a small hole in the dam. The danger is real. The Democrats are on an all-out effort to attack the Nader/Camejo campaign because if voters begin to vote for what they want the entire electoral system would begin to unravel. If twenty million citizens voted for Nader it would be the beginning of the end of the two-party system. The Democrats would enter into a crisis, the ability of money to control people would begin to crack and the possibility of a democracy where citizens could vote for what they believe would be born. The Democrats are determined, not to beat Bush but to stop Nader, to protect the two-party, pro-corporate rule that America lives under.


***

When Martin Luther King Jr. came out against the war in Vietnam in 1967, he was also accused of throwing away his legacy. He was the target of withering attacks from the leadership of the Democratic Party, organized liberalism, and the civil rights movement. He suffered a drastic loss of funding from unions, churches, foundations, and wealthy liberals and was completely cut off from former allies in the government by the Johnson administration. King's response was to hold his ground and link his civil rights and antiwar demands. Pushing ahead despite resistance from most of his colleagues in the Southern Christian Leadership Conference and another round of attacks by Democratic liberals, King began organizing the Poor People's Campaign, a radical plan to expand the scope of the civil rights movement into a multiracial, class-based economic justice movement that would channel the discontent expressed in the ghetto riots into a massive nonviolent disruption of the government until it came through with jobs or income for all to end poverty. At the time, King appeared isolated. Within a few years, public opinion had joined him in opposition to the war. Today, his courage in standing against the war and attacking systemic poverty and exploitation are seen as integral to his whole legacy.

Like King, Nader defied the Democratic Party leadership by campaigning independently against a war and a system of economic injustice in which the Democrats were fully complicit. Nader also suffered a loss of liberal allies, funding, and access to government officials for doing so. But as important as his antiwar and pro-justice demands were, Nader's greatest legacy may be his insistence on the right of the people to have alternatives to the two corporate-sponsored parties.

***

Progressives are running scared today. They are scared of Bush and are demanding that the Greens not run a candidate and back a Democrat, or that the Greens backhandedly support the Democrat by not campaigning in the swing states.

To be sure, Bush is scary. Constitutional rights restricted. Unilateral presidential war powers. War budget hiked. International treaties abrogated. Tax cuts for the rich. Worker safety and environmental regulations gutted. Pandering to corporate interests in the midst of a corporate crime wave. An anti-consumer bankruptcy bill. Invasions of Afghanistan and Iraq, with threats of future invasions or proxy wars for regime change in Iran, Syria, Saudi Arabia, North Korea, Venezuela, Cuba, and who knows where else.

But the Democrats are scary, too. The majority of congressional Democrats have let Bush have his way on every one of these issues.

If the Democratic Party won't resist Bush's policies in Congress, why should progressives support them for the presidency?

The Democrats didn't even resist Bush when he stole the Florida vote in 2000. We now know that Gore won Florida handily from the recount done by the media consortium that included the Wall Street Journal, New York Times, and Los Angeles Times. But the Democrats, far more interested in preserving the system's legitimacy than fighting its racism, refused to make an issue of how the Republicans cut Blacks from the voter rolls through computerized racial profiling.

The Congressional Black Caucus gave the Democrats a second chance after the Supreme Court selection of Bush, when it appealed to Senate Democrats to object to accepting the Florida electors. The objection of just one Democratic senator would have forced an investigation of the racial voter profiling and a recount of the Florida vote. But not one of them -- not Wellstone, not Kennedy, not Feingold, not Boxer, not Clinton, not Kerry -- not one of the Democratic liberals objected.

And the Greens are supposed to stand down and leave it to the Democrats to fight Bush?

Yes, a Democrat might beat Bush. But no Democrat is going to beat Bushism.

Just as electing Clinton did not beat Reaganism, but took Reaganism far beyond what Reagan and Bush Sr. could accomplish, so electing a Democrat will not defeat Bushism to change the basic foreign and domestic policies of the U.S.

What was called Reaganism (to scare us into voting Democratic) was really a bipartisan consensus around neoconservative militarism and neoliberal economics. That bipartisan consensus was initiated under Carter, supported by the majority of congressional Democrats during the Reagan and Bush Sr. administrations, carried far beyond what Reagan and Bush Sr. could do by Clinton, and is now being taken even further by Bush, again with the support of the majority of congressional Democrats.

These policies were initiated under Carter, who increased the military budget beyond Ford's projections and got the U.S. into covert military operations in Afghanistan with the hope, successful as it turned out, that it would provoke the Soviets to invade. The U.S. began in 1978 training the Islamic fundamentalists who we now know as Al Qaeda. Bush's military occupation of Afghanistan and Iraq is the Carter Doctrine in practice, which stated in essence that the U.S. would go to war for oil in the Middle East.

Neoconservative militarism is the post-Vietnam foreign policy of the corporate rulers as they reasserted their post-World War II policy of dominating the capitalist world. With the fall of the Soviet bloc, Bush Sr. declared a New World Order in which the U.S. would dominate the whole world and make it safe for capitalist exploitation. The Clinton administration continued this policy through NATO expansion and its intervention in the Balkans without UN authorization, as well as the complex of trade and credit policies administered by the IMF, World Bank, WTO, and numerous corporate-managed trade agreements on the model of NAFTA.

Both parties are just as committed to economic policies of neoliberal austerity. Again, these polices were initiated under Carter, who slashed social programs to increase the military budget and reassert U.S. interventionism with the development of the Rapid Deployment Force, adopted monetarism as fiscal policy with the appointment of Volker to the Fed, and began the attack on organized labor by refusing to support the common situs picketing law he had pledged the AFL-CIO he would support.

Neoliberal austerity became the post-Keynesian economic policy of the corporate rulers as they ran into the internal limits to profits and growth under the Keynesian welfare/warfare state.

The new ruling-class consensus is the austerity/warfare state of neoliberal economics and neoconservative empire.

And that ruling-class consensus is the pro-war, pro-corporate bipartisan consensus.

What is now called Bushism is not a radical departure but a continuation of this bipartisan consensus, with the majority of Democrats in Congress voting for Bush's key programs: the tax cuts, war budgets, war powers, and USA PATRIOT Act.

Worried about Bush's global empire building? Empire building is a bipartisan geopolitical strategy of using military basing and control of oil in the Middle East and Central Eurasia to keep Western Europe, Russia, China, and Japan from challenging U.S. hegemony. This geopolitical strategy is as prevalent in the pronouncements of Democratic national security advisers like Zbigniew Brzezinski as in those of their Republican counterparts like Henry Kissinger. The Bush administration's particular intellectual framework for empire coming out of the Project for a New American Century is authored by Democrats as well as Republicans, such as Clinton's CIA director, James Woolsey, and Paul Wolfowitz, the former aide to the late senator Scoop Jackson (D-WA). The Clinton administration's imperialist motives for supporting Star Wars were stated quite openly in the Air Force's "Vision for 2020": "dominating the space dimension of military operations to protect U.S. interests and investment."

Indeed, the Democrats' unadulterated support for empire goes back before Carter, before Kennedy and Johnson's Vietnam War, to another Democratic administration, that of Truman, with Dean Acheson's Cold War strategy of building alliances of U.S. satellites to contain the Soviet bloc and make the "free" world safe for corporate exploitation. With the demise of the USSR's own empire, the U.S. geopolitical strategy switched "from containment to enlargement," as Clinton's first national security adviser, Anthony Lake, declared in a 1993 speech of that title, adding in words that sound like Wolfowitz's that U.S.-led alliances would accomplish this by "diplomacy where we can; force where we must."

Worried about Bush's militarism? Remember that the post-Vietnam hikes in military spending were initiated by Carter, taking them above the levels Ford had projected, and that the post-Cold War military spending hikes were initiated by Clinton, taking them well above Bush Sr.'s projections. Bush Jr.'s further hikes have been supported by the majority of congressional Democrats. The current mantra among the Democratic Party political consultants and pollsters is that the Democratic presidential candidate must be as "strong on national security" as Bush to be competitive in the 2004 election.

The Clinton foreign policy team was frustrated by the military's cautious Powell Doctrine. As Clinton's secretary of state and then UN ambassador, Madeline Albright, angrily told Colin Powell, now Bush's secretary of state and then chairman of the Joint Chiefs of Staff, "What's the point of having this superb military that you've always been talking about if we can't use it?"

What about Bush's unilateralism? Wouldn't Democratic imperialism be a little softer, more "globalist"? Not hardly. It was Clinton's secretary of state and Brzezinski protege, Madeleine Albright, who told the UN Security Council in 1994 regarding Iraq: "We will act multilaterally when we can, unilaterally when we must." And thus under Clinton the U.S. bypassed the Security Council to impose regime change by military force on Iraqi Kurdistan, Kosovo, and Serbia.

How about Bush's domestic repression? The Clinton/Reno anticrime and antiterrorism bills instituted more than fifty new death penalties, emaciated habeus corpus, militarized domestic policing, gutted Posse Comitatus, legalized FBI and CIA domestic political spying, expanded the drug war, and subsidized expansion of the prison-industrial complex. The Clintonites sent in Delta Force to make sure the heads of anti-WTO demonstrators were cracked in Seattle. The post-September 11 detention of thousands without trial, any kind of hearing, or access to lawyers was done under the statutory authority of Clinton's Anti-Terrorism and Effective Death Penalty Act of 1996. The USA PATRIOT Act just expanded this repressive authority further, again with the votes of the majority of congressional Democrats.

Well, maybe the Democrats aren't as extreme as Bush on domestic economic policy? Here again there is a basic bipartisan consensus. Carter initiated the neoliberal turn as the bipartisan consensus switched from military Keynesianism to military neoliberalism. Though neoliberalism is cloaked in the egalitarian-sounding rhetoric of free markets, the reality is state enforcement of greater inequality: welfare for the corporate rich (investment incentives in theory) and hardship for workers (to motivate higher productivity in theory).

Today's corporate scandals are a legacy of Clinton's financial deregulation, media monopolization a legacy of his deregulatory Telecommunications Act, the loss of two million jobs a legacy of NAFTA and the other trade deals Clinton made that are sending U.S. manufacturing and backroom service jobs to cheap labor markets overseas. Bush's biggest contribution to the neoliberal agenda has been his tax cuts for the rich, which the Democrats enabled by declaring it a "victory" to pare down their size somewhat.

This bipartisan consensus is forged by the corporate ruling class through its media ownership and financing of publications, broadcasts, think tanks, and its two political parties, Democratic and Republican. To be sure, there are tactical differences within this consensus. No doubt the ruling class is split about Bush. Many of them are worried about the economic irrationality of the latest tax cuts, the destabilizing consequences throughout the Middle East and Europe of the military occupation of Afghanistan and Iraq, and Bush's pandering to the domestically destabilizing social agenda of the Christian fundamentalists. And this faction of the corporate rich will support a Democratic version of the bipartisan consensus, the Slick Soft-Right of a Clinton rather than the Crude Hard-Right of a Bush Jr.

-- Independent Politics: The Green Party Strategy Debate, edited by Howie Hawkins


[PROGRESSIVE, Ralph Nader] It’s called rank voting. Aside from the First Amendment Rights of candidates to run, it’s the consummate use of the First Amendment is to petition assembly, freedom of speech, which is encompassed in running for elective office, you’ve come out, if I’m not mistaken, for universal voting as a legal duty along with your co-author, Norman Ornstein. Can you explain that?

[LIBERAL, E.J. Dionne] Yes, we’ve been for universal voting for a long time….
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