ROCKABILLY RULES
The Rockin Johnny B
Sunday, October 5, 2014
Thursday, October 2, 2014
DEFROCKING THE KOCH BROS
DEFROCKING THE KOCH BROTHERS
This is one of the best written expose
of a family that I've ever read. These Koch's are not very good guys
as you will see in reading this missive. However they do defend
themselves and I have added that to this blog also for fairness sake.
Tim Dickinson's fantastic
expose of the Koch brothers in the latest issue of Rolling
Stone has gotten plenty of attention. For very good reason: it's
a well-sourced, deep dive into the very toxic—literally
toxic—business that earned the Kochs enough money to buy up an
entire political party. That and the wrongful death judgement, six
felony and numerous misdemeanor convictions, the tens of millions of
dollars in fines, and the trading with Iran are all included in the
story, well worth your time.
No one has given it more attention, it seems, than the notoriously
thin-skinned Kochs. In typical Koch fashion, they don't argue the
facts of Dickinson's story. They attack Dickinson, who
responds here. Here's the nut of his detailed response.Koch, in particular, takes umbrage with my reporting practices.
For the record: In the weeks prior to publication, beginning September 4th, Rolling Stone attempted to engage Koch Industries in a robust discussion of the issues raised in our reporting. Rolling Stone requested to interview CEO Charles Koch about his company's philosophy of Market Based Management; Ilia Bouchouev, who heads Koch's derivatives trading operations, about the company's trading practices; and top Koch lawyer Mark Holden about the company's significant legal and regulatory history.
The requests to speak to Charles Koch and Bouchouev were simply ignored. Ultimately, only Holden responded on the record, only via e-mail and only after Holden baselessly insinuated that I had been given an "opposition research" document dump from the liberal activist David Brock. (This is false.) From my perspective as a reporter, Koch Industries is the most hostile and paranoid organization I've ever engaged with—and I've reported on Fox News. In a breach of ethics, Koch has also chosen to publish email correspondence characterizing the content of a telephone conversation that was, by Koch's own insistence, strictly off the record. […]
[I]n the main, the Koch responses attempt to re-litigate closed cases — incidents where judges, juries, and, in one case, a Senate Select Committee, have already had a final say. They only muddy waters that have been clarified by a considered legal process.Dickinson then provides an exhaustive, 14-point taken down of each of the Kochs' complaints about his story, including every instance in which the Kochs do not actually dispute the facts that he has reported, but attempt to obfuscate them and whine about that fact that he reported them. They also don't acknowledge that Dickinson attempted to give them the opportunity to talk to him about his story while reporting, but they refused.
The Kochs clearly do not stand up well to close scrutiny, and clearly are not prepared for it. For some reason, probably because they're richer than god, they seem to assume that they should be able to swoop into our political system and attempt to buy it without being subject to close examination. That attitude, along with their long history of abusing people, the environment, and the political system, is doing them no favors. They've made themselves the subject of this election, and if Democrats hold the Senate, it will largely be because the Kochs have made themselves such good enemies.
he enormity of the Koch
fortune is no mystery. Brothers Charles and David are each worth more
than $40 billion. The electoral influence of the Koch brothers is
similarly well-chronicled. The Kochs are our homegrown oligarchs;
they've cornered the market on Republican politics and are nakedly
attempting to buy Congress and the White House. Their political
network helped finance the Tea Party and powers today's GOP.
Koch-affiliated organizations raised some $400 million during the
2012 election, and aim to spend another $290 million to elect
Republicans in this year's midterms. So far in this cycle,
Koch-backed entities have bought 44,000 political ads to boost
Republican efforts to take back the Senate.
What is less clear is where all that money comes from.
Koch Industries is headquartered in a squat, smoked-glass building
that rises above the prairie on the outskirts of Wichita, Kansas. The
building, like the brothers' fiercely private firm, is literally and
figuratively a black box. Koch touts only one top-line financial
figure: $115 billion in annual revenue, as estimated by Forbes.
By that metric, it is larger than IBM, Honda or Hewlett-Packard and
is America's second-largest private company after agribusiness
colossus Cargill. The company's stock response to inquiries from
reporters: "We are privately held and don't disclose this
information."
But Koch Industries is not entirely opaque. The company's troubled
legal history – including a trail of congressional investigations,
Department of Justice consent decrees, civil lawsuits and felony
convictions – augmented by internal company documents, leaked State
Department cables, Freedom of Information disclosures and company
whistle-blowers, combine to cast an unwelcome spotlight on the
toxic empire whose profits finance the modern GOP.Under the nearly five-decade reign of CEO Charles Koch, the company has paid out record civil and criminal environmental penalties. And in 1999, a jury handed down to Koch's pipeline company what was then the largest wrongful-death judgment of its type in U.S. history, resulting from the explosion of a defective pipeline that incinerated a pair of Texas teenagers.
The volume of Koch Industries' toxic output is staggering. According to the University of Massachusetts Amherst's Political Economy Research Institute, only three companies rank among the top 30 polluters of America's air, water and climate: ExxonMobil, American Electric Power and Koch Industries. Thanks in part to its 2005 purchase of paper-mill giant Georgia-Pacific, Koch Industries dumps more pollutants into the nation's waterways than General Electric and International Paper combined. The company ranks 13th in the nation for toxic air pollution. Koch's climate pollution, meanwhile, outpaces oil giants including Valero, Chevron and Shell. Across its businesses, Koch generates 24 million metric tons of greenhouse gases a year.
For
Koch, this license to pollute amounts to a perverse, hidden subsidy.
The cost is borne by communities in cities like Port Arthur, Texas,
where a Koch-owned facility produces as much as 2 billion pounds of
petrochemicals every year. In March, Koch signed a consent decree
with the Department of Justice requiring it to spend more than $40
million to bring this plant into compliance with the Clean Air Act.
The toxic history of Koch Industries is not limited to physical
pollution. It also extends to the company's business practices, which
have been the target of numerous federal investigations, resulting in
several indictments and convictions, as well as a whole host of fines
and penalties.And in one of the great ironies of the Obama years, the president's financial-regulatory reform seems to benefit Koch Industries. The company is expanding its high-flying trading empire precisely as Wall Street banks – facing tough new restrictions, which Koch has largely escaped – are backing away from commodities speculation.
It is often said that the Koch brothers are in the oil business. That's true as far as it goes – but Koch Industries is not a major oil producer. Instead, the company has woven itself into every nook of the vast industrial web that transforms raw fossil fuels into usable goods. Koch-owned businesses trade, transport, refine and process fossil fuels, moving them across the world and up the value chain until they become things we forgot began with hydrocarbons: fertilizers, Lycra, the innards of our smartphones.
The company controls at least four oil refineries, six ethanol plants, a natural-gas-fired power plant and 4,000 miles of pipeline. Until recently, Koch refined roughly five percent of the oil burned in America (that percentage is down after it shuttered its 85,000-barrel-per-day refinery in North Pole, Alaska, owing, in part, to the discovery that a toxic solvent had leaked from the facility, fouling the town's groundwater). From the fossil fuels it refines, Koch also produces billions of pounds of petrochemicals, which, in turn, become the feedstock for other Koch businesses. In a journey across Koch Industries, what enters as a barrel of West Texas Intermediate can exit as a Stainmaster carpet.
Koch's hunger for growth is insatiable: Since 1960, the company brags, the value of Koch Industries has grown 4,200-fold, outpacing the Standard & Poor's index by nearly 30 times. On average, Koch projects to double its revenue every six years. Koch is now a key player in the fracking boom that's vaulting the United States past Saudi Arabia as the world's top oil producer, even as it's endangering America's groundwater. In 2012, a Koch subsidiary opened a pipeline capable of carrying 250,000 barrels a day of fracked crude from South Texas to Corpus Christi, where the company owns a refinery complex, and it has announced plans to further expand its Texas pipeline operations. In a recent acquisition, Koch bought Frac-Chem, a top provider of hydraulic fracturing chemicals to drillers. Thanks to the Bush administration's anti-regulatory agenda – which Koch Industries helped craft – Frac-Chem's chemical cocktails, injected deep under the nation's aquifers, are almost entirely exempt from the Safe Drinking Water Act.
Read more: http://www.rollingstone.com/politics/news/inside-the-koch-brothers-toxic-empire-20140924#ixzz3Esj9mD2d
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Koch
is also long on the richest – but also the dirtiest and most
carbon-polluting – oil deposits in North America: the tar sands of
Alberta. The company's Pine Bend refinery, near St. Paul, Minnesota,
processes nearly a quarter of the Canadian bitumen exported to the
United States – which, in turn, has created for Koch Industries a
lucrative sideline in petcoke exports. Denser, dirtier and cheaper
than coal, petcoke is the dregs of tar-sands refining. U.S. coal
plants are largely forbidden from burning petcoke, but it can be
profitably shipped to countries with lax pollution laws like Mexico
and China. One of the firm's subsidiaries, Koch Carbon, is expanding
its Chicago terminal operations to receive up to 11 million tons of
petcoke for global export. In June, the EPA noted the facility had
violated the Clean Air Act with petcoke particulates that endanger
the health of South Side residents. "We dispute that the two
elevated readings" behind the EPA notice of violation "are
violations of anything," Koch's top lawyer, Mark Holden, told
Rolling
Stone,
insisting that Koch Carbon is a good neighbor.
Over the past dozen years, the company has quietly acquired leases
for 1.1 million acres of Alberta oil fields, an area larger than
Rhode Island. By some estimates, Koch's direct holdings nearly double
ExxonMobil's and nearly triple Shell's. In May, Koch Oil Sands
Operating LLC of Calgary, Alberta, sought permits to embark on a
multi-billiondollar tar-sands-extraction operation. This one
site is projected to produce 22 million barrels a year – more than
a full day's supply of U.S. oil.Charles Koch, the 78-year-old CEO and chairman of the board of Koch Industries, is inarguably a business savant. He presents himself as a man of moral clarity and high integrity. "The role of business is to produce products and services in a way that makes people's lives better," he said recently. "It cannot do so if it is injuring people and harming the environment in the process."
Harry was not just the financial springboard for the Koch dynasty, he was also its wellspring of far-right politics. Harry editorialized against fiat money, demanded hangings for "habitual criminals" and blasted Social Security as inviting sloth. At the depths of the Depression, he demanded that elected officials in Washington should stop trying to fix the economy: "Business," he wrote, "has always found a way to overcome various recessions."
In the company's telling, young Fred was an innovator whose inventions helped revolutionize the oil industry. But there is much more to this story. In its early days, refining oil was a dirty and wasteful practice. But around 1920, Universal Oil Products introduced a clean and hugely profitable way to "crack" heavy crude, breaking it down under heat and heavy pressure to boost gasoline yields. In 1925, Fred, who earned a degree in chemical engineering from MIT, partnered with a former Universal engineer named Lewis Winkler and designed a near carbon copy of the Universal cracking apparatus – making only tiny, unpatentable tweaks. Relying on family connections, Fred soon landed his first client – an Oklahoma refinery owned by his maternal uncle L.B. Simmons. In a flash, Winkler-Koch Engineering Co. had contracts to install its knockoff cracking equipment all over the heartland, undercutting Universal by charging a one-time fee rather than ongoing royalties.
It was a boom business. That is, until Universal sued in 1929, accusing WinklerKoch of stealing its intellectual property. With his domestic business tied up in court, Fred started looking for partners abroad and was soon doing business in the Soviet Union, where leader Joseph Stalin had just launched his first Five Year Plan. Stalin sought to fund his country's industrialization by selling oil into the lucrative European export market. But the Soviet Union's reserves were notoriously hard to refine. The USSR needed cracking technology, and the Oil Directorate of the Supreme Council of the National Economy took a shining to Winkler-Koch – primarily because Koch's oil-industry competitors were reluctant to do business with totalitarian Communists.
Between
1929 and 1931, Winkler-Koch built 15 cracking units for the Soviets.
Although Stalin's evil was no secret, it wasn't until Fred visited
the Soviet Union, that these dealings seemed to affect his
conscience. "I went to the USSR in 1930 and found it a land of
hunger, misery and terror," he would later write. Even so, he
agreed to give the Soviets the engineering know-how they would need
to keep building more.
Back home, Fred was busy building a life of baronial splendor. He
met his wife, Mary, the Wellesley-educated daughter of a Kansas City
surgeon, on a polo field and soon bought 160 acres across from the
Wichita Country Club, where they built a Tudorstyle mansion. As
chronicled in Sons of Wichita, Daniel Schulman's
investigation of the Koch dynasty, the compound was quickly bursting
with princes: Frederick arrived in 1933, followed by Charles in 1935
and twins David and Bill in 1940. Fred Koch lorded over his domain.
"My mother was afraid of my father," said Bill, as were the
four boys, especially first-born Frederick, an artistic kid with a
talent for the theater. "Father wanted to make all his boys into
men, and Freddie couldn't relate to that regime," Charles
recalled. Frederick got shipped East to boarding school and was all
but disappeared from Wichita.With Frederick gone, Charles forged a deep alliance with David, the more athletic and assertive of the young twins. "I was closer with David because he was better at everything," Charles has said.
Fred Koch's legal battle with Universal would drag on for nearly a quarter-century. In 1934, a lower court ruled that Winkler-Koch had infringed on Universal's technology. But that judgment would be vacated, after it came out in 1943 that Universal had bought off one of the judges handling the appeal. A year later, the Supreme Court decided that Fred's cracker, by virtue of small technical differences, did not violate the Universal patent. Fred countersued on antitrust grounds, arguing that Universal had wielded patents anti-competitively. He'd win a $1.5 million settlement in 1952.
Around that time, Fred had built a domestic oil empire under a new company eventually called Rock Island Oil & Refining, transporting crude from wellheads to refineries by truck or by pipe. In those later years, Fred also became a major benefactor and board member of the John Birch Society, the rabidly anti-communist organization founded in 1958 by candy magnate and virulent racist Robert Welch. Bircher publications warned that the Red endgame was the creation of the "Negro Soviet Republic" in the Deep South. In his own writing, Fred described integration as a Red plot to "enslave both the white and black man."
Like his father, Charles Koch attended MIT. After he graduated in 1959 with two master's degrees in engineering, his father issued an ultimatum: Come back to Wichita or I'll sell the business. "Papa laid it on the line," recalled David. So Charles returned home, immersing himself in his father's world – not simply joining the John Birch Society, but also opening a Bircher bookstore. The Birchers had high hopes for young Charles. As Koch family friend Robert Love wrote in a letter to Welch: "Charles Koch can, if he desires, finance a large operation, however, he must continually be brought along."
But Charles was already falling under the sway of a charismatic radio personality named Robert LeFevre, founder of the Freedom School, a whites-only libertarian boot camp in the foothills above Colorado Springs, Colorado. LeFevre preached a form of anarchic capitalism in which the individual should be freed from almost all government power. Charles soon had to make a choice. While the Birchers supported the Vietnam War, his new guru was a pacifist who equated militarism with out-of-control state power. LeFevre's stark influence on Koch's thinking is crystallized in a manifesto Charles wrote for the Libertarian Review in the 1970s, recently unearthed by Schulman, titled "The Business Community: Resisting Regulation." Charles lays out principles that gird today's Tea Party movement. Referring to regulation as "totalitarian," the 41-year-old Charles claimed business leaders had been "hoodwinked" by the notion that regulation is "in the public interest." He advocated the "barest possible obedience" to regulation and implored, "Do not cooperate voluntarily, instead, resist whenever and to whatever extent you legally can in the name of justice."
After his father died in 1967, Charles, now in command of the family business, renamed it Koch Industries. It had grown into one of the 10 largest privately owned firms in the country, buying and selling some 80 million barrels of oil a year and operating 3,000 miles of pipeline. A black-diamond skier and white-water kayaker, Charles ran the business with an adrenaline junkie's aggressiveness. The company would build pipelines to promising oil fields without a contract from the producers and park tanker trucks beside wildcatters' wells, waiting for the first drops of crude to flow. "Our willingness to move quickly, absorb more risk," Charles would write, "enabled us to become the leading crude-oilgathering company."
Charles also reconnected with one of his father's earliest insights: There's big money in dirty oil. In the late 1950s, Fred Koch had bought a minority stake in a Minnesota refinery that processed heavy Canadian crude. "We could run the lousiest crude in the world," said his business partner J. Howard Marshall II – the future Mr. Anna Nicole Smith. Sensing an opportunity for huge profits, Charles struck a deal to convert Marshall's ownership stake in the refinery into stock in Koch Industries. Suddenly the majority owner, the company soon bought the rest of the refinery outright.
Almost from the beginning, Koch Industries' risk-taking crossed over into recklessness. The OPEC oil embargo hit the company hard. Koch had made a deal giving the company the right to buy a large share of Qatar's export crude. At the time, Koch owned five supertankers and had chartered many others. When the embargo hit, Koch had upward of half a billion dollars in exposure to tankers and couldn't deliver OPEC oil to the U.S. market, creating what Charles has called "large losses." Soon, Koch Industries was caught overcharging American customers. The Ford administration in the summer of 1974 compelled Koch to pay out more than $20 million in rebates and future price reductions.
Koch Industries' manipulations were about to get more audacious. In the late 1970s, the federal government parceled out exploration tracts, using a lottery in which anyone could score a 10-year lease at just $1 an acre – a game of chance that gave wildcat prospectors the same shot as the biggest players. Koch didn't like these odds, so it enlisted scores of frontmen to bid on its behalf. In the event they won the lottery, they would turn over their leases to the company. In 1980, Koch Industries pleaded guilty to five felonies in federal court, including conspiracy to commit fraud.
With
Republicans and Democrats united in regulating the oil business,
Charles had begun throwing his wealth behind the upstart Libertarian
Party, seeking to transform it into a viable third party. Over the
years, he would spend millions propping up a league of affiliated
think tanks and front groups – a network of Libertarians that
became known as the "Kochtopus."
Charles even convinced David to stand as the Libertarian Party's
vice-presidential candidate in 1980 – a clever maneuver that
allowed David to lavish unlimited money on his own ticket. The
Koch-funded 1980 platform was nakedly in the brothers' self-interest
– slashing federal regulatory agencies, offering a 50 percent tax
break to top earners, ending the "cruel and unfair" estate
tax and abolishing a $16 billion "windfall profits" tax on
the oil industry. The words of Libertarian presidential candidate Ed
Clark's convention speech in Los Angeles ring across the decades:
"We're sick of taxes," he declared. "We're ready to
have a very big tea party." In a very real sense, the modern
Republican Party was on the ballot that year – and it was running
against Ronald Reagan.Charles' management style and infatuation with far-right politics were endangering his grip on the company. Bill believed his brothers' political spending was bad for business. "Pretty soon, we would get the reputation that the company and the Kochs were crazy," he said.
In late 1980, with Frederick's backing, Bill launched an unsuccessful battle for control of Koch Industries, aiming to take the company public. Three years later, Charles and David bought out their brothers for $1.1 billion. But the speed with which Koch Industries paid off the buyout debt left Bill convinced, but never quite able to prove, he'd been defrauded. He would spend the next 18 years suing his brothers, calling them "the biggest crooks in the oil industry."
Bill also shared these concerns with the federal government. Thanks in part to his efforts, in 1989 a Senate committee investigating Koch business with Native Americans would describe Koch Oil tactics as "grand larceny." In the late 1980s, Koch was the largest purchaser of oil from American tribes. Senate investigators suspected the company was making off with more crude from tribal oil fields than it measured and paid for. They set up a sting, sending an FBI agent to coordinate stakeouts of eight remote leases. Six of them were Koch operations, and the agents reported "oil theft" at all of them.
One of Koch's gaugers would refer to this as "volume enhancement." But in sworn testimony before a Texas jury, Phillip Dubose, a former Koch pipeline manager, offered a more succinct definition: "stealing." The Senate committee concluded that over the course of three years Koch "pilfered" $31 million in Native oil; in 1988, the value of that stolen oil accounted for nearly a quarter of the company's crude-oil profits. "I don't know how the company could have figures like that," the FBI agent testified, "and not have top management know that theft was going on." In his own testimony, Charles offered that taking oil readings "is a very uncertain art" and that his employees "aren't rocket scientists." Koch's top lawyer would later paint the company as a victim of Senate "McCarthyism."
By this time, the Kochs had soured on the Libertarian Party, concluding that control of a small party would never give them the muscle they sought in the nation's capital. Now they would spend millions in efforts to influence – and ultimately take over – the GOP. The work began close to home; the Kochs had become dedicated patrons of Sen. Bob Dole of Kansas, who ran interference for Koch Industries in Washington. On the Senate floor in March 1990, Dole gloatingly cautioned against a "rush to judgment" against Koch, citing "very real concerns about some of the evidence on which the special committee was basing its findings." A grand jury investigated the claims but disbanded in 1992, without issuing indictments.
Arizona Sen. Dennis DeConcini was "surprised and disappointed" at the decision to drop the case. "Our investigation was some of the finest work the Senate has ever done," he said. "There was an overwhelming case against Koch." But Koch did not avoid all punishment. Under the False Claims Act, which allows private citizens to file lawsuits on behalf of the government, Bill sued the company, accusing it of defrauding the feds of royalty income on its "volumeenhanced" purchases of Native oil. A jury concluded Koch had submitted more than 24,000 false claims, exposing Koch to some $214 million in penalties. Koch later settled, paying $25 million.
Selfinterest continued to define Koch Industries' adventures in public policy. In the early 1990s, in a high-profile initiative of the first-term Clinton White House, the administration was pushing for a levy on the heat content of fuels. Known as the BTU tax, it was the earliest attempt by the federal government to recoup damages from climate polluters. But Koch Industries could not stand losing its most valuable subsidy: the public policy that allowed it to treat the atmosphere as an open sewer. Richard Fink, head of Koch Company's Public Sector and the longtime mastermind of the Koch brothers' political empire, confessed to The Wichita Eagle in 1994 that Koch could not compete if it actually had to pay for the damage it did to the environment: "Our belief is that the tax, over time, may have destroyed our business."
To fight this threat, the Kochs funded a "grassroots" uprising – one that foreshadowed the emergence, decades later, of the Tea Party. The effort was run through Citizens for a Sound Economy, to which the brothers had spent a decade giving nearly $8 million to create what David Koch called "a sales force" to communicate the brothers' political agenda through town hall meetings and anti-tax rallies designed to look like spontaneous demonstrations. In 1994, David Koch bragged that CSE's campaign "played a key role in defeating the administration's plans for a huge and cumbersome BTU tax."
Despite the company's increasingly sophisticated political and public-relations operations, Charles' philosophy of regulatory resistance was about to bite Koch Industries – in the form of record civil and criminal financial penalties imposed by the Environmental Protection Agency.
Koch entered the 1990s on a pipeline-buying spree. By 1994, its network measured 37,000 miles. According to sworn testimony from former Koch employees, the company operated its pipelines with almost complete disregard for maintenance. As Koch employees understood it, this was in keeping with their CEO's trademarked business philosophy, MarketBased Management.
For Charles, MBM – first communicated to employees in 1991 – was an attempt to distill the business practices that had grown Koch into one of the largest oil businesses in the world. To incentivize workers, Koch gives employees bonuses that correlate to the value they create for the company. "Salary is viewed only as an advance on compensation for value," Koch wrote, "and compensation has an unlimited upside."
To prevent the stagnation that can often bog down big enterprises, Koch was also determined to incentivize risk-taking. Under MBM, Koch Industries books opportunity costs – "profits foregone from a missed opportunity" – as though they were actual losses on the balance sheet. Koch employees who play it safe, in other words, can't strike it rich.
On paper, MBM sounds innovative and exciting. But in Koch's hyperaggressive corporate culture, it contributed to a series of environmental disasters. Applying MBM to pipeline maintenance, Koch employees calculated that the opportunity cost of shutting down equipment to ensure its safety was greater than the profit potential of pushing aging pipe to its limits.
The fact that preventive pipeline maintenance is required by law didn't always seem to register. Dubose, a 26-year Koch veteran who oversaw pipeline areas in Louisiana, would testify about the company's lax attitude toward maintenance. "It was a question of money. It would take away from our profit margin." The testimony of another pipeline manager would echo that of Dubose: "Basically, the philosophy was 'If it ain't broke, don't work on it.'"
When small spills occurred, Dubose testified, the company would cover them up. He recalled incidents in which the company would use the churn of a tugboat's engine to break up waterborne spills and "just kind of wash that thing on down, down the river." On land, Dubose said, "They might pump it [the leaked oil] off into a drum, then take a shovel and just turn the earth over." When larger spills were reported to authorities, the volume of the discharges was habitually low-balled, according to Dubose.
Managers pressured employees to falsify pipeline-maintenance records filed with federal authorities; in a sworn affidavit, pipeline worker Bobby Conner recalled arguments with his manager over Conner's refusal to file false reports: "He would always respond with anger," Conner said, "and tell me that I did not know how to be a Koch employee." Conner was fired and later settled a wrongful-termination suit with Koch Gateway Pipeline. Dubose testified that Charles was not in the dark about the company's operations. "He was in complete control," Dubose said. "He was the one that was line-driving this Market-Based Management at meetings."
Before the worst spill from this time, Koch employees had raised concerns about the integrity of a 1940s-era pipeline in South Texas. But the company not only kept the line in service, it increased the pressure to move more volume. When a valve snapped shut in 1994, the brittle pipeline exploded. More than 90,000 gallons of crude spewed into Gum Hollow Creek, fouling surrounding marshlands and both Nueces and Corpus Christi bays with a 12-mile oil slick.
By 1995, the EPA had seen enough. It sued Koch for gross violations of the Clean Water Act. From 1988 through 1996, the company's pipelines spilled 11.6 million gallons of crude and petroleum products. Internal Koch records showed that its pipelines were in such poor condition that it would require $98 million in repairs to bring them up to industry standard.
Ultimately, state and federal agencies forced Koch to pay a $30 million civil penalty – then the largest in the history of U.S. environmental law – for 312 spills across six states. Carol Browner, the former EPA administrator, said of Koch, "They simply did not believe the law applied to them." This was not just partisan rancor. Texas Attorney General John Cornyn, the future Republican senator, had joined the EPA in bringing suit against Koch. "This settlement and penalty warn polluters that they cannot treat oil spills simply as the cost of doing business," Cornyn said. (The Kochs seem to have no hard feelings toward their one-time tormentor; a lobbyist for Koch was the number-two bundler for Cornyn's primary campaign this year.)
Koch wasn't just cutting corners on its pipelines. It was also violating federal environmental law in other corners of the empire. Through much of the 1990s at its Pine Bend refinery in Minnesota, Koch spilled up to 600,000 gallons of jet fuel into wetlands near the Mississippi River. Indeed, the company was treating the Mississippi as a sewer, illegally dumping ammonia-laced wastewater into the river – even increasing its discharges on weekends when it knew it wasn't being monitored. Koch Petroleum Group eventually pleaded guilty to "negligent discharge of a harmful quantity of oil" and "negligent violation of the Clean Water Act," was ordered to pay a $6 million fine and $2 million in remediation costs, and received three years' probation. This facility had already been declared a Superfund site in 1984.
In 2000, Koch was hit with a 97-count indictment over claims it violated the Clean Air Act by venting massive quantities of benzene at a refinery in Corpus Christi – and then attempted to cover it up. According to the indictment, Koch filed documents with Texas regulators indicating releases of just 0.61 metric tons of benzene for 1995 – one-tenth of what was allowed under the law. But the government alleged that Koch had been informed its true emissions that year measured 91 metric tons, or 15 times the legal limit.
By
the time the case came to trial, however, George W. Bush was in
office and the indictment had been significantly pared down – Koch
faced charges on only seven counts. The Justice Department settled in
what many perceived to be a sweetheart deal, and Koch pleaded guilty
to a single felony count for covering up the fact that it had
disconnected a key pollution-control device and did not measure the
resulting benzene emissions – receiving five years' probation.
Despite skirting stiffer criminal prosecution, Koch was handed $20
million in fines and reparations – another historic judgment.
On the day before Danielle Smalley was to leave for college, she
and her friend Jason Stone were hanging out in her family's mobile
home. Seventeen years old, with long chestnut hair, Danielle began to
feel nauseated. "Dad," she said, "we smell gas."
It was 3:45 in the afternoon on August 24th, 1996, near Lively,
Texas, some 50 miles southeast of Dallas. The Smalleys were too poor
to own a telephone. So the teens jumped into her dad's 1964 Chevy
pickup to alert the authorities. As they drove away, the truck
stalled where the driveway crossed a dry creek bed. Danielle cranked
the ignition, and a fireball engulfed the truck. "You see two
children burned to death in front of you – you never forget that,"
Danielle's father, Danny, would later tell reporters.Unknown to the Smalleys, a decrepit Koch pipeline carrying liquid butane – literally, lighter fluid – ran through their subdivision. It had ruptured, filling the creek bed with vapor, and the spark from the pickup's ignition had set off a bomb. Federal investigators documented both "severe corrosion" and "mechanical damage" in the pipeline. A National Transportation Safety Board report would cite the "failure of Koch Pipeline Company LP to adequately protect its pipeline from corrosion."
Installed in the early Eighties, the pipeline had been out of commission for three years. When Koch decided to start it up again in 1995, a water-pressure test had blown the pipe open. An inspection of just a few dozen miles of pipe near the Smalley home found 538 corrosion defects. The industry's term of art for a pipeline in this condition is Swiss cheese, according to the testimony of an expert witness – "essentially the pipeline is gone."
Koch repaired only 80 of the defects – enough to allow the pipeline to withstand another pressure check – and began running explosive fluid down the line at high pressure in January 1996. A month later, employees discovered that a key anticorrosion system had malfunctioned, but it was never fixed. Charles Koch had made it clear to managers that they were expected to slash costs and boost profits. In a sternly worded memo that April, Charles had ordered his top managers to cut expenditures by 10 percent "through the elimination of waste (I'm sure there is much more waste than that)" in order to increase pre-tax earnings by $550 million a year.
The Smalley trial underscored something Bill Koch had said about the way his brothers ran the company: "Koch Industries has a philosophy that profits are above everything else." A former Koch manager, Kenoth Whitstine, testified to incidents in which Koch Industries placed profits over public safety. As one supervisor had told him, regulatory fines "usually didn't amount to much" and, besides, the company had "a stable full of lawyers in Wichita that handled those situations." When Whitstine told another manager he was concerned that unsafe pipelines could cause a deadly accident, this manager said that it was more profitable for the company to risk litigation than to repair faulty equipment. The company could "pay off a lawsuit from an incident and still be money ahead," he said, describing the principles of MBM to a T.
At trial, Danny Smalley asked for a judgment large enough to make the billionaires feel pain: "Let Koch take their child out there and put their children on the pipeline, open it up and let one of them die," he told the jury. "And then tell me what that's worth." The jury was emphatic, awarding Smalley $296 million – then the largest wrongful-death judgment in American legal history. He later settled with Koch for an undisclosed sum and now runs a pipeline-safety foundation in his daughter's name. He declined to comment for this story. "It upsets him too much," says an associate.
The official Koch line is that scandals that caused the company millions in fines, judgments and penalties prompted a change in Charles' attitude of regulatory resistance. In his 2007 book, The Science of Success, he begrudgingly acknowledges his company's recklessness. "While business was becoming increasingly regulated," he reflects, "we kept thinking and acting as if we lived in a pure market economy. The reality was far different."
Charles has since committed Koch Industries to obeying federal regulations. "Even when faced with laws we think are counterproductive," he writes, "we must first comply." Underscoring just how out of bounds Koch had ventured in its corporate culture, Charles admits that "it required a monumental undertaking to integrate compliance into every aspect of the company." In 2000, Koch Petroleum Group entered into an agreement with the EPA and the Justice Department to spend $80 million at three refineries to bring them into compliance with the Clean Air Act. After hitting Koch with a $4.5 million penalty, the EPA granted the company a "clean slate" for certain past violations.
Then George W. Bush entered the White House in 2001, his campaign fattened with Koch money. Charles Koch may decry cronyism as "nothing more than welfare for the rich and powerful," but he put his company to work, hand in glove, with the Bush White House. Correspondence, contacts and visits among Koch Industries representatives and the Bush White House generated nearly 20,000 pages of records, according to a Rolling Stone FOIA request of the George W. Bush Presidential Library. In 2007, the administration installed a fiercely anti-regulatory academic, Susan Dudley, who hailed from the Koch-funded Mercatus Center at George Mason University, as its top regulatory official.
Today, Koch points to awards it has won for safety and environmental excellence. "Koch companies have a strong record of compliance," Holden, Koch's top lawyer, tells Rolling Stone. "In the distant past, when we failed to meet these standards, we took steps to ensure that we were building a culture of 10,000 percent compliance, with 100 percent of our employees complying 100 percent." To reduce its liability, Koch has also unwound its pipeline business, from 37,000 miles in the late 1990s to about 4,000 miles. Of the much smaller operation, he adds, "Koch's pipeline practice and operations today are the best in the industry."
But even as compliance began to improve among its industrial operations, the company aggressively expanded its trading activities into the Wild West frontier of risky financial instruments. In 2000, the Commodity Futures Modernization Act had exempted many of these products from regulation, and Koch Industries was among the key players shaping that law. Koch joined up with Enron, BP, Mobil and J. Aron – a division of Goldman Sachs then run by Lloyd Blankfein – in a collaboration called the Energy Group. This corporate alliance fought to prohibit the federal government from policing oil and gas derivatives. "The importance of derivatives for the Energy Group companies . . . cannot be overestimated," the group's lawyer wrote to the Commodity Futures Trading Commission in 1998. "The success of this business can be completely undermined by . . . a costly regulatory regime that has no place in the energy industry."
Koch had long specialized in "over-the-counter" or OTC trades – private, unregulated contracts not disclosed on any centralized exchange. In its own letter to the CFTC, Koch identified itself as "a major participant in the OTC derivatives market," adding that the company not only offered "risk-management tools for its customers" but also traded "for its own account." Making the case for what would be known as the Enron Loophole, Koch argued that any big firm's desire to "maintain a good reputation" would prevent "widespread abuses in the OTC derivatives market," a darkly hilarious claim, given what would become not only of Enron, but also Bear Stearns, Lehman Brothers and AIG.
The Enron Loophole became law in December 2000 – pushed along by Texas Sen. Phil Gramm, giving the Energy Group exactly what it wanted. "It completely exempted energy futures from regulation," says Michael Greenberger, a former director of trading and markets at the CFTC. "It wasn't a matter of regulators not enforcing manipulation or excessive speculation limits – this market wasn't covered at all. By law."
Before its spectacular collapse, Enron would use this loophole in 2001 to help engineer an energy crisis in California, artificially constraining the supply of natural gas and power generation, causing price spikes and rolling blackouts. This blatant and criminal market manipulation has become part of the legend of Enron. But Koch was caught up in the debacle. The CFTC would charge that a partnership between Koch and the utility Entergy had, at the height of the California crisis, reported fake natural-gas trades to reporting firms and also "knowingly reported false prices and/or volumes" on real trades.
One of 10 companies punished for such schemes, Entergy-Koch avoided prosecution by paying a $3 million fine as part of a 2004 settlement with the CFTC, in which it did not admit guilt to the commission's charges but is barred from maintaining its innocence.
Trading,
which had long been peripheral to the company's core businesses, soon
took center stage. In 2002, the company launched a subsidiary, Koch
Supply & Trading. KS&T got off to a rocky start. "A
series of bad trades," writes a Koch insider, "boiled over
in early 2004 when a large 'sure bet' crude-oil trade went south,
resulting in a quick, multimillion loss." But Koch traders
quickly adjusted to the reality that energy markets were no longer
ruled just by supply and demand – but by rich speculators trying to
game the market. Revamping its strategy, Koch Industries soon began
bragging of record profits. From 2003 to 2012, KS&T trading
volumes exploded – up 450 percent. By 2009, KS&T ranked among
the world's top-five oil traders, and by 2011, the company billed
itself as "one of the leading quantitative traders" –
though Holden now says it's no longer in this business.
Since Koch Industries aggressively expanded into high finance, the
net worth of each brother has also exploded – from roughly $4
billion in 2002 to more than $40 billion today. In that period, the
company embarked on a corporate buying spree that has taken it well
beyond petroleum. In 2005, Koch purchased Georgia Pacific for $21
billion, giving the company a familiar, expansive grip on the
industrial web that transforms Southern pine into consumer goods –
from plywood sold at Home Depot to brand-name products like Dixie
Cups and Angel Soft toilet paper. In 2013, Koch leapt into high
technology with the $7 billion acquisition of Molex, a manufacturer
of more than 100,000 electronics components and a top supplier to
smartphone makers, including Apple.Koch Supply & Trading makes money both from physical trades that move oil and commodities across oceans as well as in "paper" trades involving nothing more than high-stakes bets and cash. In paper trading, Koch's products extend far beyond simple oil futures. Koch pioneered, for sale to hedge funds, "volatility swaps," in which the actual price of crude is irrelevant and what matters is only the "magnitude of daily fluctuations in prices." Steve Mawer, until recently the president of KS&T, described parts of his trading operation as "black-box stuff."
Like a casino that bets at its own craps table, Koch engages in "proprietary trading" – speculating for the company's own bottom line. "We're like a hedge fund and a dealer at the same time," bragged Ilia Bouchouev, head of Koch's derivatives trading in 2004. "We can both make markets and speculate." The company's many tentacles in the physical oil business give Koch rich insight into market conditions and disruptions that can inform its speculative bets. When oil prices spiked to record heights in 2008, Koch was a major player in the speculative markets, according to documents leaked by Vermont Sen. Bernie Sanders, with trading volumes rivaling Wall Street giants like Citibank. Koch rode a trader-driven frenzy – detached from actual supply and demand – that drove prices above $147 a barrel in July 2008, battering a global economy about to enter a free fall.
Only Koch knows how much money Koch reaped during this price spike. But, as a proxy, consider the $20 million Koch and its subsidiaries spent lobbying Congress in 2008 – before then, its biggest annual lobbying expense had been $5 million – seeking to derail a raft of consumer-protection bills, including the Federal Price Gouging Prevention Act, the Stop Excessive Energy Speculation Act of 2008, the Prevent Unfair Manipulation of Prices Act of 2008 and the Close the Enron Loophole Act.
In comments to the Federal Trade Commission, Koch lobbyists defended the company's right to rack up fantastic profits at the expense of American consumers. "A mere attempt to maximize profits cannot constitute market manipulation," they wrote, adding baldly, "Excessive profits in the face of shortages are desirable."
When the global economy crashed in 2008, so did oil prices. By December, crude was trading more than $100 lower per barrel than it had just months earlier – around $30. At the same time, oil traders anticipated that prices would eventually rebound. Futures contracts for delivery of oil in December 2009 were trading at nearly $55 per barrel. When future delivery is more valuable than present inventory, the market is said to be "in contango." Koch exploited the contango market to the hilt. The company leased nine supertankers and filled them with cut-rate crude and parked them quietly offshore in the Gulf of Mexico, banking virtually risk-free profits by selling contracts for future delivery.
All in, Koch took about 20 million barrels of oil off the market, putting itself in a position to bet on price disruptions the company itself was creating. Thanks to these kinds of trading efforts, Koch could boast in a 2009 review that "the performance of Koch Supply & Trading actually grew stronger last year as the global economy worsened." The cost for those risk-free profits was paid by consumers at the pump. Estimates pegged the cost of the contango trade by Koch and others at up to 40 cents a gallon.
Artificially constraining oil supplies is not the only source of dark, unregulated profit for Koch Industries. In the years after George W. Bush branded Iran a member of the "Axis of Evil," the Koch brothers profited from trade with the state sponsor of terror and reckless would-be nuclear power. For decades, U.S. companies have been forbidden from doing business with the Ayatollahs, but Koch Industries exploited a loophole in 1996 sanctions that made it possible for foreign subsidiaries of U.S. companies to do some business in Iran.
In the ensuing years, according to Bloomberg Markets, the German and Italian arms of Koch-Glitsch, a Koch subsidiary that makes equipment for oil fields and refineries, won lucrative contracts to supply Iran's Zagros plant, the largest methanol plant in the world. And thanks in part to Koch, methanol is now one of Iran's leading non-oil exports. "Every single chance they had to do business with Iran, or anyone else, they did," said Koch whistle-blower George Bentu. Having signed on to work for a company that lists "integrity" as its top value, Bentu added, "You feel totally betrayed. Everything Koch stood for was a lie."
Koch reportedly kept trading with Tehran until 2007 – after the regime was exposed for supplying IEDs to Iraqi insurgents killing U.S. troops. According to lawyer Holden, Koch has since "decided that none of its subsidiaries would engage in trade involving Iran, even where such trade is permissible under U.S. law."
These days, Koch's most disquieting foreign dealings are in Canada, where the company has massive investments in dirty tar sands. The company's 1.1 million acres of leases in northern Alberta contain reserves of economically recoverable oil numbering in the billions of barrels. With these massive leaseholdings, Koch is poised to continue profiting from Canadian crude whether or not the Keystone XL pipeline gains approval, says Andrew Leach, an energy and environmental economist at the business school of the University of Alberta.
Counterintuitively, approval of Keystone XL could actually harm one of Koch's most profitable businesses – its Pine Bend refinery in Minnesota. Because tar-sands crude presently has no easy outlet to the global market, there's a glut of Canadian oil in the midcontinent, and Koch's refinery is a beneficiary of this oversupply; the resulting discount can exceed $20 a barrel compared to conventional crude. If it is ever built, the Keystone XL pipeline will provide a link to Gulf Coast refineries – and thus the global export market, which would erase much of that discount and eat into company profit margins.
Leach says Koch Industries' tar-sands leaseholdings have them hedged against the potential approval of Keystone XL. The pipeline would increase the value of Canadian tar-sands deposits overnight. Koch could then profit handsomely by flipping its leases to more established producers. "Optimizing asset value through trading," Koch literature says of these and other holdings, is a "key" company strategy.
The one truly bad outcome for Koch would be if Keystone XL were to be defeated, as many environmentalists believe it must be. "If the signal that sends is that no new pipelines will be built across the U.S. border for carrying oil-sands product," Leach says, "that's going to have an impact not just on Koch leases, but on everybody's asset value in oil sands." Ironically, what's best for Koch's tar-sands interests is what the Obama administration is currently delivering: "They're actually ahead if Keystone XL gets delayed a while but hangs around as something that still might happen," Leach says.
The Dodd-Frank bill was supposed to put an end to economyendangering speculation in the $700 trillion global derivatives market. But Koch has managed to defend – and even expand – its turf, trading in largely unregulated derivatives, once dubbed "financial weapons of mass destruction" by billionaire Warren Buffett.
In theory, the Enron Loophole is no longer open – the government now has the power to police manipulation in the market for energy derivatives. But the Obama administration has not yet been able to come up with new rules that actually do so. In 2011, the CFTC mandated "position limits" on derivative trades of oil and other commodities. These would have blocked any single speculator from owning futures contracts representing more than a quarter of the physical market – reducing the danger of manipulation. As part of the International Swaps and Derivatives Association, which also reps many Wall Street giants including Goldman Sachs and JPMorgan Chase, Koch fought these new restrictions. ISDA sued to block the position limits – and won in court in September 2012. Two years later, CFTC is still spinning its wheels on a replacement. Industry traders like Koch are, Greenberger says, "essentially able to operate as though the Enron Loophole were still in effect."
Koch is also reaping the benefits from Dodd-Frank's impacts on Wall Street. The so-called Volcker Rule, implemented at the end of last year, bans investment banks from "proprietary trading" – investing on their own behalf in securities and derivatives. As a result, many Wall Street banks are unloading their commodities-trading units. But Volcker does not apply to nonbank traders like Koch. They're now able to pick up clients who might previously have traded with JPMorgan. In its marketing materials for its trading operations, Koch boasts to potential clients that it can provide "physical and financial market liquidity at times when others pull back." Koch also likely benefits from loopholes that exempt the company from posting collateral for derivatives trades and allow it to continue trading swaps without posting the transactions to a transparent electronic exchange. Though competitors like BP and Cargill have registered with the CFTC as swaps dealers – subjecting their trades to tightened regulation – Koch conspicuously has not. "Koch is compliant with all CFTC regulations, including those relating to swaps dealers," says Holden, the Koch lawyer.
That a massive company with such a troubling record as Koch Industries remains unfettered by financial regulation should strike fear in the heart of anyone with a stake in the health of the American economy. Though Koch has cultivated a reputation as an economically conservative company, it has long flirted with danger. And that it has not suffered a catastrophic loss in the past 15 years would seem to be as much about luck as about skillful management.
The Kochs have brushed up against some of the major debacles of the crisis years. In 2007, as the economy began to teeter, Koch was gearing up to plunge into the market for credit default swaps, even creating an affiliate, Koch Financial Products, for that express purpose. KFP secured a AAA rating from Moody's and reportedly sought to buy up toxic assets at the center of the financial crisis at up to 50-times leverage. Ultimately, Koch Industries survived the experiment without losing its shirt.
More recently, Koch was exposed to the fiasco at MF Global, the disgraced brokerage firm run by former New Jersey Gov. Jon Corzine that improperly dipped into customer accounts to finance reckless bets on European debt. Koch, one of MF Global's top clients, reportedly told trading partners it was switching accounts about a month before the brokerage declared bankruptcy – then the eighth-largest in U.S. history. Koch says the decision to pull its funds from MF Global was made more than a year before. While MF's small-fry clients had to pick at the carcass of Corzine's company to recoup their assets, Koch was already swimming free and clear.
Because it's private, no one outside of Koch Industries knows how much risk Koch is taking – or whether it could conceivably create systemic risk, a concern raised in 2013 by the head of the Futures Industry Association. But this much is for certain: Because of the loopholes in financial-regulatory reform, the next company to put the American economy at risk may not be a Wall Street bank but a trading giant like Koch. In 2012, Gary Gensler, then CFTC chair, railed against the very loopholes Koch appears to be exploiting, raising the specter of AIG. "[AIG] had this massive risk built up in its derivatives just because it called itself an insurance company rather than a bank," Gensler said. When Congress adopted Dodd-Frank, Gensler added, it never intended to exempt financial heavy hitters just because "somebody calls themselves an insurance
In "the science of success," Charles Koch highlights the problems created when property owners "don't benefit from all the value they create and don't bear the full cost from whatever value they destroy." He is particularly concerned about the "tragedy of the commons," in which shared resources are abused because there's no individual accountability. "The biggest problems in society," he writes, "have occurred in those areas thought to be best controlled in common: the atmosphere, bodies of water, air. . . ."
But in the real world, Koch Industries has used its political might to beat back the very market-based mechanisms – including a cap-and-trade market for carbon pollution – needed to create the ownership rights for pollution that Charles says would improve the functioning of capitalism.
In fact, it appears the very essence of the Koch business model is to exploit breakdowns in the free market. Koch has profited precisely by dumping billions of pounds of pollutants into our waters and skies – essentially for free. It racks up enormous profits from speculative trades lacking economic value that drive up costs for consumers and create risks for our economy.
The Koch brothers get richer as the costs of what Koch destroys are foisted on the rest of us – in the form of ill health, foul water and a climate crisis that threatens life as we know it on this planet. Now nearing 80 – owning a large chunk of the Alberta tar sands and using his billions to transform the modern Republican Party into a protection racket for Koch Industries' profits – Charles Koch is not about to see the light. Nor does the CEO of one of America's most toxic firms have any notion of slowing down. He has made it clear that he has no retirement plans: "I'm going to ride my bicycle till I fall off."
Monday, August 18, 2014
8 things to know about the Iraq crisis
1. Right-wing war hawks are pushing for another full-blown war in Iraq.
Senator John McCain, Senator Lindsey Graham, other Republicans in Congress, and right-wing figures—who
blindly led America into invading and occupying Iraq—are now demanding more military action that could
drag us back into full-scale war in the region.
2. The slippery slope is real.
Mission creep can too easily occur—along with unintended consequences and new problems
created by the use of U.S. military force. History shows us that many big wars start out
looking small, including the Korean War and the Vietnam War. And we are now dealing
with a prime example of unintended consequences: Bush's war of choice and military occupation of Iraq set the stage
for Iraq's troubles today, including the rise of ISIS.
3. Voters elected President Obama to end the Iraq war that George W. Bush recklessly started.
President Obama's opposition to the Iraq war before it began
and his pledge to end it—as part of the contrast between him and those who pushed for war—were key
to his success in both the Democratic primary election and the general election in 2008. He
continues to pledge that he "will not allow the United States to be dragged into fighting another war in
Iraq."
4. Ultimately, Iraq's problems can be solved only by an Iraqi-led political solution.
President Obama has said that there is no military solution to the
crisis in Iraq and that there can only be "an Iraqi solution." As this Vox explainer
lays out:
"ISIS isn't just a terrorist group rampaging through Iraq (though they definitely are that). It's in many ways
an expression of the Sunni Muslim minority's anger at the Shia-dominated government. . . Some Sunni grievances get to more
fundamental issues within the Iraqi state itself, beyond what even a better government could easily fix."
These are not problems that more U.S. bombings can solve. That's why experts are saying that "any lasting solution
has to be regional in nature and must address the political interests of all the major factions in an equitable and inclusive
manner."
5. Members of Congress, including Democratic lawmakers, are insisting that the president come to Congress for authorization.
MoveOn members have long opposed endless war in Iraq. Earlier this summer, before
the current bombing strikes began, MoveOn members made more than 15,000 calls to lawmakers, urging them to oppose
U.S. military intervention in Iraq. In July, the House of Representatives listened to them and the rest
of the American people to require, by a bipartisan vote of 370-40, the president to seek
congressional authorization before deploying or maintaining a sustained combat role in Iraq. Congress should
continue to assert its authority under the Constitution to authorize and oversee U.S. commitments to open-ended
war overseas.
6. The Middle East is a complicated place where U.S. military intervention has a troubling track record.
The Middle East has many armed actors whose motivations often compete with each other and
conflict with American values, and U.S. military intervention there has a track record of often making things worse. One
tragic absurdity of this moment is that the U.S. military is now using U.S. equipment to bomb U.S. weapons
wielded by enemies the U.S. didn't intend to arm against the U.S. and U.S. allies. That's
a good reason to be concerned about the U.S. arming rebels in nearby Syria, which experts say wouldn't have stopped the rise
of ISIS anyway. Experts further warn that U.S. military force in the region only tends to
create more problems, including the risk of terrorist retaliation.
7. Military action could lead to even more innocent civilians getting caught
in the crossfire and suffering.
The Iraq war that Bush started didn't just cost America the lives of nearly 4,500 service members, plus $2 trillion
according to modest estimates. Approximately 500,000 Iraqi civilians also died
in the armed conflict—possibly more. In the current conflict, ISIS militants are persecuting
various minority populations of Iraq, such as the Yazidis who had fled to Mount Sinjar. Escalating
military action, including drone strikes, risks catching more civilians in the crossfire.
8. Opposing endless war isn't the same as being an isolationist. The Iraq
crisis, including the humanitarian disaster, demands an international, diplomatic response.
Sunday, August 17, 2014
MOTIVATED REASONING
Let's talk about “Motivated
Reasoning” for a moment. Haven't you ever wondered why Uncle Harry
and Aunt Gladys don't 'get it' when it comes to certain so-called
truths? In spite of all the information you throw at them they still
don't budge in their hard-held beliefs.
I remember a discussion I had with my
Uncle Alvin. I was a junior in college and we were discussing some –
at that time – debatable issue. I pointed out that such-and-such
was true and he, Uncle Alvin, said “no it ain't.” So, to
illustrate my point and prove my uncle wrong, I hit the college
library and picked up a copy of the Encyclopedia Britannica and
ear-marked the passage that proved my point. I showed it to Uncle
Alvin with a gloating flourish and he said, “Encyclopedia
Britannica? What do those Limies know about this deal?” At that
point, I closed the book, left him sitting in the living room and
drove back to my dorm room shaking my head from side to side with
wonderment at my uncle's mule-hardheadedness. What I didn't know at
the time is what I'm describing to you below: Motivated Reasoning.
Reasoning is actually suffused with
emotion (or what researchers often call "affect"). Not only
are the two inseparable, but our positive or negative feelings about
people, things, and ideas arise much more rapidly than our conscious
thoughts, in a matter of milliseconds—fast enough to detect with an
EEG device, but long before we're aware of it. That shouldn't be
surprising: Evolution required us to react very quickly to stimuli in
our environment. It's a "basic human survival skill,"
explains political scientist Arthur
Lupia of the University of Michigan. We push threatening
information away; we pull friendly information close. We apply
fight-or-flight reflexes not only to predators, but to data itself.
We're not driven only by emotions, of
course—we also reason, deliberate. But reasoning comes later, works
slower—and even then, it doesn't take place in an emotional vacuum.
Rather, our quick-fire emotions can set us on a course of thinking
that's highly biased, especially on topics we care a great deal
about.
For instance, if I don't want to
believe that my spouse is being unfaithful, or that my child is a
bully, I can go to great lengths to explain away behavior that seems
obvious to everybody else—everybody who isn't too emotionally
invested to accept it, anyway. That's not to suggest that we aren't
also motivated to perceive the world accurately—we are. Or that we
never change our minds—we do. It's just that we have other
important goals besides accuracy—including identity affirmation and
protecting one's sense of self—and often those make us highly
resistant to changing our beliefs when the facts say we should.
If you wanted to show how and why fact
is ditched in favor of motivated reasoning, you could find no better
test case than climate change. After all, it's an issue where you
have highly technical information on one hand and very strong beliefs
on the other. And sure enough, one key predictor of whether you
accept the science of global warming is whether you're a Republican
or a Democrat. The two groups have been growing more divided in their
views about the topic, even as the science becomes more unequivocal.
That may be why the selectively quoted emails of Climate-gate were so quickly and easily seized upon by partisans as evidence of scandal. Cherry-picking is precisely the sort of behavior you would expect motivated reasoners to engage in to bolster their views—and whatever you may think about Climate-gate, the emails were a rich trove of new information upon which to impose one's ideology.
It all raises the question: Do left and right differ in any meaningful way when it comes to biases in processing information, or are we all equally susceptible?
There are some clear differences. Science denial today is considerably more prominent on the political right—once you survey climate and related environmental issues, anti-evolution-ism, attacks on reproductive health science by the Christian right, and stem-cell and biomedical matters. More tellingly, anti-vaccine positions are virtually nonexistent among Democratic officeholders today—whereas anti-climate-science views are becoming monolithic among Republican elected officials.
Some researchers have suggested that there are psychological differences between the left and the right that might impact responses to new information—that conservatives are more rigid and authoritarian, and liberals more tolerant of ambiguity. Psychologist John Jost of New York University has further argued that conservatives are "system justifiers": They engage in motivated reasoning to defend the status quo.
You can follow the logic to its conclusion: Conservatives are more likely to embrace climate science if it comes to them via a business or religious leader, who can set the issue in the context of different values than those from which environmentalists or scientists often argue. Doing so is, effectively, to signal a dĆ©tente in what Kahan has called a "culture war of fact." In other words, paradoxically, you don't lead with the facts in order to convince. You lead with the values—so as to give the facts a fighting chance.
A CAUTIONARY WARNING
These arguments could backfire on you when challenging some internet Facebook fool.
1. Tax cuts increase revenue? In a 2010 study, Nyhan and Reifler asked people to read a fake newspaper article containing a real quotation of George W. Bush, in which the former president asserted that his tax cuts "helped increase revenues to the Treasury." In some versions of the article, this false claim was then debunked by economic evidence: A correction appended to the end of the article stated that in fact, the Bush tax cuts "were followed by an unprecedented three-year decline in nominal tax revenues, from $2 trillion in 2000 to $1.8 trillion in 2003." The study found that conservatives who read the correction were twice as likely to believe Bush's claim was true as were conservatives who did not read the correction.
2. Death panels! Another notorious political falsehood is Sarah Palin's claim that Obamacare would create "death panels." To test whether they could undo the damage caused by this highly influential morsel of misinformation, Nyhan and his colleagues had study subjects read an article about the "death panels" claim, which in some cases ended with a factual correction explaining that "nonpartisan health care experts have concluded that Palin is wrong." Among survey respondents who were very pro-Palin and who had a high level of political knowledge, the correction actually made them more likely to wrongly embrace the false "death panels" theory.
3. Obama is a Muslim! And if that's still not enough, yet another Nyhan and Reifler study examined the persistence of the "President Obama is a Muslim" myth. In this case, respondents watched a video of President Obama denying that he is a Muslim or even stating affirmatively, "I am a Christian." Once again, the correction—uttered in this case by the president himself—often backfired in the study, making belief in the falsehood that Obama is a Muslim worse among certain study participants. What's more, the backfire effect was particularly notable when the researchers administering the study were white. When they were nonwhite, subjects were more willing to change their minds, an effect the researchers explained by noting that "social desirability concerns may affect how respondents behave when asked about sensitive topics." In other words, in the company of someone from a different race than their own, people tend to shift their responses based upon what they think that person's worldview might be.
4. The alleged Iraq-Al Qaeda link. In a 2009 study, Monica Prasad of Northwestern University and her colleagues directly challenged Republican partisans about their false belief that Iraq and Al Qaeda collaborated in the 9/11 attacks, a common charge during the Bush years. The so-called challenge interviews included citing the findings of the 9/11 Commission and even a statement by George W. Bush, asserting that his administration had "never said that the 9/11 attacks were orchestrated between Saddam and Al Qaeda." Despite these facts, only 1 out of 49 partisans changed his or her mind after the factual correction. Forty-one of the partisans "deflected" the information in a variety of ways, and seven actually denied holding the belief in the first place (although they clearly had).
5. Global warming. On the climate issue, there does not appear to be any study that clearly documents a backfire effect. However, in a 2011 study, researchers at American and Ohio State universities found a closely related "boomerang effect." In the experiment, research subjects from upstate New York read news articles about how climate change might increase the spread of West Nile Virus, which were accompanied by the pictures of the faces of farmers who might be affected. But in one case, the people were said to be farmers in upstate New York (in other words, victims who were quite socially similar to the research subjects); in the other, they were described as farmers from either Georgia or from France (much more distant victims). The intent of the article was to raise concern about the health consequences of climate change, but when Republicans read the article about the more distant farmers, their support for action on climate change decreased, a pattern that was stronger as their Republican partisanship increased. (When Republicans read about the proximate New York farmers, there was no boomerang effect, but they did not become more supportive of climate action either.)
Together, all of these studies support the theory of "motivated reasoning": The idea that our prior beliefs, commitments, and emotions drive our responses to new information, such that when we are faced with facts that deeply challenge these commitments, we fight back against them to defend our identities. So next time you feel the urge to argue back against some idiot on the internet…pause, take a deep breath, and realize not only that arguing might not do any good, but that in fact, it might very well backfire.
1. Tax cuts increase revenue? In a 2010 study, Nyhan and Reifler asked people to read a fake newspaper article containing a real quotation of George W. Bush, in which the former president asserted that his tax cuts "helped increase revenues to the Treasury." In some versions of the article, this false claim was then debunked by economic evidence: A correction appended to the end of the article stated that in fact, the Bush tax cuts "were followed by an unprecedented three-year decline in nominal tax revenues, from $2 trillion in 2000 to $1.8 trillion in 2003." The study found that conservatives who read the correction were twice as likely to believe Bush's claim was true as were conservatives who did not read the correction.
2. Death panels! Another notorious political falsehood is Sarah Palin's claim that Obamacare would create "death panels." To test whether they could undo the damage caused by this highly influential morsel of misinformation, Nyhan and his colleagues had study subjects read an article about the "death panels" claim, which in some cases ended with a factual correction explaining that "nonpartisan health care experts have concluded that Palin is wrong." Among survey respondents who were very pro-Palin and who had a high level of political knowledge, the correction actually made them more likely to wrongly embrace the false "death panels" theory.
3. Obama is a Muslim! And if that's still not enough, yet another Nyhan and Reifler study examined the persistence of the "President Obama is a Muslim" myth. In this case, respondents watched a video of President Obama denying that he is a Muslim or even stating affirmatively, "I am a Christian." Once again, the correction—uttered in this case by the president himself—often backfired in the study, making belief in the falsehood that Obama is a Muslim worse among certain study participants. What's more, the backfire effect was particularly notable when the researchers administering the study were white. When they were nonwhite, subjects were more willing to change their minds, an effect the researchers explained by noting that "social desirability concerns may affect how respondents behave when asked about sensitive topics." In other words, in the company of someone from a different race than their own, people tend to shift their responses based upon what they think that person's worldview might be.
4. The alleged Iraq-Al Qaeda link. In a 2009 study, Monica Prasad of Northwestern University and her colleagues directly challenged Republican partisans about their false belief that Iraq and Al Qaeda collaborated in the 9/11 attacks, a common charge during the Bush years. The so-called challenge interviews included citing the findings of the 9/11 Commission and even a statement by George W. Bush, asserting that his administration had "never said that the 9/11 attacks were orchestrated between Saddam and Al Qaeda." Despite these facts, only 1 out of 49 partisans changed his or her mind after the factual correction. Forty-one of the partisans "deflected" the information in a variety of ways, and seven actually denied holding the belief in the first place (although they clearly had).
5. Global warming. On the climate issue, there does not appear to be any study that clearly documents a backfire effect. However, in a 2011 study, researchers at American and Ohio State universities found a closely related "boomerang effect." In the experiment, research subjects from upstate New York read news articles about how climate change might increase the spread of West Nile Virus, which were accompanied by the pictures of the faces of farmers who might be affected. But in one case, the people were said to be farmers in upstate New York (in other words, victims who were quite socially similar to the research subjects); in the other, they were described as farmers from either Georgia or from France (much more distant victims). The intent of the article was to raise concern about the health consequences of climate change, but when Republicans read the article about the more distant farmers, their support for action on climate change decreased, a pattern that was stronger as their Republican partisanship increased. (When Republicans read about the proximate New York farmers, there was no boomerang effect, but they did not become more supportive of climate action either.)
Together, all of these studies support the theory of "motivated reasoning": The idea that our prior beliefs, commitments, and emotions drive our responses to new information, such that when we are faced with facts that deeply challenge these commitments, we fight back against them to defend our identities. So next time you feel the urge to argue back against some idiot on the internet…pause, take a deep breath, and realize not only that arguing might not do any good, but that in fact, it might very well backfire.
Wednesday, August 13, 2014
Oh those pesky immigrants
FROM TODAY'S PAPER:
Most illegals won’t pay taxes,
anyway chastising the few members of his party speaking up for border
integrity, Rep. Luis GutiƩrrez (D-Illinois) reminded them that
partial amnesty would mean 5 million new voting Democrats. This would
likely ensure another Democrat presidency in 2016. Blanket amnesty
would give Democrats 10 to 15 million votes and grant the radical
left domination of the presidency complete with dictatorial license
for years.
Pew Research Center, through The Freedom of Information Act, revealed that 90 percent of the “children” in the “border crisis” are teenagers. How many will be voting in 2016?
Democrats oppose voter ID laws knowing that they would counter their massive balloting fraud.
Eighty percent of current U.S. population growth is from immigration; 27 percent of prison populations are non-citizens; 17.5 percent are from Mexico.
Border agents and medical staff at detention centers have been threatened with prison for revealing facts about the border “children,” many of whom are riddled with dangerous diseases and parasites. Many more are hard-core gang members, experienced in murder, torture and rape. Gangs such as the murderous MS-13 are actively recruiting in the detention centers.
Costs of our border abdication are immense. Each undocumented Democrat costing over $140 per day. But the toll on jobs, prosperity, public safety and a united and free America are where the real pain will come.
Democrats who love this country must abandon their socialist party and stand against this hostile invasion. They must each decide whether government handouts and winning elections are worth any price — including the economic stability, public health, safety and security of this great nation.
Jerry Stark, Nampa
According to Mr. Stark's Pew Research Center 43% of America's voting base is non-white. It's time, Jerry, for you to step into the 21st century. Railing about immigration and voting fraud and all other racially motivated diatribe has had its day. All you do is rile up that 43% and do your party [conservative, I assume] no favors. Take some advice. Stop it! You're ruining your reputation and your tea associates' reputation as well. Most folks are just soooo weary of your type of information distribution. Most folks live in THIS world, not the 1950's world in which you seem to be stuck and wish to stick the rest of us. Why can't you just go away. Move to Iceland. I hear that country is 99% white.
And, another thing, Jer, Democrats are not waging “a socialist revolution right under our noses”. The Cultural Revolution is waging itself. It doesn't need or want Democrat intervention. The so-called Cultural Revolution has been going on in this country since the 17th century. Check your history books, Jerry. America was and is the cultural “melting pot” of this planet and that fact has created our greatness you are so heartfelt about.
In conclusion, Jerry, I guess you just don't get it. There is no “hostile invasion.” There ARE a whole bunch of people who want a better life for themselves and want to find that life in the Good Ol' U. S. of A. Just like your fore-bearers did in the past. The truth is, this country's immigration laws are antiquated and need a complete overhaul so as to include rather than exclude everyone trying to find a way into this country. Those people need to have access and, yes, that access needs to be legal. But let's not sit around bitching about immigration and how those “brown people” are out to destroy our magnificent country and do something positive about it.
Monday, August 11, 2014
Here are the 5 lies the Republicans would like you to believe:
(1) Democrats have allowed the poor not to work, while receiving handouts paid by middle-class taxpayers. Baloney. Almost all welfare programs now require recipients to be working. We now have the highest percentage of working poor since data have been collected.
(2) Democrats have exempted the poor from paying taxes. Wrong. Poor Americans pay sales taxes (comprising 30% of all government revenues), which take a bigger bite out of their incomes than anyone else’s, and if they work they pay Social Security taxes.
(3) Democrats support government welfare for illegal immigrants. Wrong. Undocumented workers aren’t eligible; in fact, most have to pay into Social Security although they won’t be collecting it on retirement.
(4) The recent surge of illegal immigration is due to Democratic support for “amnesty.” False. It’s due to the drug war (which Republicans have long championed) moving into Central America.
(5) Obamacare is a huge handout from the middle class to the poor. Wrong again. It saves money by reducing costs of emergency room care, and its only tax (2.8% on capital gains) falls almost entirely on the wealthy.
Don't believe everything they are feeding you on TV. The Republicans have been out of touch for so long they don't represent the vast majority of Americans today. Believe it or not, they could recapture the majority vote in Congress again if we don't do what we know is right. Vote out the Do-nothings this November.
(1) Democrats have allowed the poor not to work, while receiving handouts paid by middle-class taxpayers. Baloney. Almost all welfare programs now require recipients to be working. We now have the highest percentage of working poor since data have been collected.
(2) Democrats have exempted the poor from paying taxes. Wrong. Poor Americans pay sales taxes (comprising 30% of all government revenues), which take a bigger bite out of their incomes than anyone else’s, and if they work they pay Social Security taxes.
(3) Democrats support government welfare for illegal immigrants. Wrong. Undocumented workers aren’t eligible; in fact, most have to pay into Social Security although they won’t be collecting it on retirement.
(4) The recent surge of illegal immigration is due to Democratic support for “amnesty.” False. It’s due to the drug war (which Republicans have long championed) moving into Central America.
(5) Obamacare is a huge handout from the middle class to the poor. Wrong again. It saves money by reducing costs of emergency room care, and its only tax (2.8% on capital gains) falls almost entirely on the wealthy.
Don't believe everything they are feeding you on TV. The Republicans have been out of touch for so long they don't represent the vast majority of Americans today. Believe it or not, they could recapture the majority vote in Congress again if we don't do what we know is right. Vote out the Do-nothings this November.
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