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Cheney still loves torture. He’s proud of it.

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From EmptyWheel:

One key to Dick Cheney’s defense today is the proud boast that his torture policy worked.

I guess the other thing that offends the hell out of me, frankly, Chris, is we had a track record now of eight years of defending the nation against any further mass casualty attacks from Al Qaeda.

[snip]

I’m very proud of what we did in terms of defending the nation for the last eight years successfully.

[snip]

Chris, my sort of overwhelming view is that the enhanced interrogation techniques were absolutely essential in saving thousands of American lives and preventing further attacks against the United States, and giving us the intelligence we needed to go find Al Qaeda, to find their camps, to find out how they were being financed. Those interrogations were involved in the arrest of nearly all the Al Qaeda members that we were able to bring to justice. I think they were directly responsible for the fact that for eight years, we had no further mass casualty attacks against the United States.

It was good policy. It was properly carried out. It worked very, very well.

[snip]

The thing I keep coming back to time and time again, Chris, is the fact that we’ve gone for eight years without another attack. Now, how do you explain that?

The critics don’t have any solution for that. They can criticize our policies, our way of doing business, but the results speak for themselves.

I wonder how Jose Maria Aznar feels about Dick Cheney’s proud defense of torture? Spain’s former Prime Minister who staked much on supporting Cheney’s unpopular war in Iraq had that support rewarded with a vicious attack on Madrid’s subway. The attack happened a year after we started torturing Khalid Sheikh Mohammed. But somehow, all the torture of al Qaeda’s mastermind somehow failed to prevent the Madrid attack.

I wonder what the families of those who died in the Madrid attack think, hearing Cheney defend his torture program by boasting of eight years with no attack?

Or what do the Indonesians think to hear of Cheney’s boast? Several months after we tortured Abu Zubaydah in 2002, Indonesia suffered from its worst terrorist attack, in Bali. Yet somehow waterboarding Abu Zubaydah did little to prevent those more than 200 deaths.

Or how about Jordan which–in 2005–suffered from bombings at the hand of Zarqawi at multiple western hotels. How does Jordan feel about Cheney’s boast? We tortured alleged Zarqawi ally Hassan Ghul in 2004, but that failed to prevent these bombings.

And how does Tony Blair feel, our poodle, who stayed loyal to America’s wars until the end? How does he feel when Cheney boasts of going eight years with no attacks when London’s subway was attacked? We tortured Abu Faraj al-Libbi earlier in 2005, before the London Tube attack. It failed to prevent that attack.

The fact of the matter is that all the torture that Cheney sponsored did little to prevent these attacks. Which means either his boast–that he has prevented another attack for eight years–is plainly false. Or that Cheney mobilized torture solely to protect America, and not to dismantle al Qaeda.

I wonder … if and when Spanish Judge Baltasar Garzon convicts Cheney’s sidekicks David Addington and Jim Haynes for enabling torture, if he convicts Yoo and Bybee and Feith and Gonzales, will Cheney have any more shame than he does today, boasting that torture kept us safe from al Qaeda for eight years?

When Dems are clueless, what do you do?

California wildfires without Santa Anna winds

More on the fires.

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From LA Times:

The Station fire, which has destroyed 21 homes and killed two firefighters, was burning within a quarter of a mile of Mt. Wilson as firefighters prepared for another long, hot day.

Inspector Edward Osorio of the Los Angeles County Fire Department estimated property damage from the fire at $7,671,000 and rising.

The fire is expected to move in a northeasterly direction, and officials are putting significant resources on the northern edge of the fire near Acton.

Officials said the goal for today was to keep the fire west of Highway 39 and Angeles Crest Highway; south of Highway 14, Pearblossom Highway and Highway 138; east of Interstate 5 and north of the foothill communities along the Angeles National Forest border.

Mt. Wilson was believed doomed last night, but Osorio said aggressive brush clearance by crews and drops of fire retardant from the air seem to have helped. (more… )

David Sanborn – “Hideaway”

David Sanborn was one of the original guys who founded Smooth Jazz. This is clip is from 1984! I need to figure out who’s playing with Dave. The bass player is amazing.

Artist: David Sanborn
Tune: “Hideaway”

ZZ Top – “She Got Me Under Pressure”

I tried to post Big Green Tractor by Jason Aldean (#1 on Country charts) but I just couldn’t do it. So how about a nice performance by ZZ Top? Now that’s better.

Artist: ZZ Top
Tune: “She Got Me Under Pressure”

Obama pays tribute to Senator Edward Kennedy

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From WH:

We can still hear his voice bellowing through the Senate chamber, face reddened, fist pounding the podium, a veritable force of nature, in support of health care or workers’ rights or civil rights. And yet, as has been noted, while his causes became deeply personal, his disagreements never did. While he was seen by his fiercest critics as a partisan lightning rod, that’s not the prism through which Ted Kennedy saw the world, nor was it the prism through which his colleagues saw Ted Kennedy. He was a product of an age when the joy and nobility of politics prevented differences of party and platform and philosophy from becoming barriers to cooperation and mutual respect — a time when adversaries still saw each other as patriots.

And that’s how Ted Kennedy became the greatest legislator of our time. He did it by hewing to principle, yes, but also by seeking compromise and common cause — not through deal-making and horse-trading alone, but through friendship, and kindness, and humor. There was the time he courted Orrin Hatch for support of the Children’s Health Insurance Program by having his chief of staff serenade the senator with a song Orrin had written himself; the time he delivered shamrock cookies on a china plate to sweeten up a crusty Republican colleague; the famous story of how he won the support of a Texas committee chairman on an immigration bill. Teddy walked into a meeting with a plain manila envelope, and showed only the chairman that it was filled with the Texan’s favorite cigars. When the negotiations were going well, he would inch the envelope closer to the chairman. (Laughter.) When they weren’t, he’d pull it back. (Laughter.) Before long, the deal was done. (Laughter.)

It was only a few years ago, on St. Patrick’s Day, when Teddy buttonholed me on the floor of the Senate for my support of a certain piece of legislation that was coming up for vote. I gave my pledge, but I expressed skepticism that it would pass. But when the roll call was over, the bill garnered the votes that it needed, and then some. I looked at Teddy with astonishment and asked how had he done it. He just patted me on the back and said, “Luck of the Irish.” (Laughter.)

Of course, luck had little to do with Ted Kennedy’s legislative success; he knew that. A few years ago, his father-in-law told him that he and Daniel Webster just might be the two greatest senators of all time. Without missing a beat, Teddy replied, “What did Webster do?” (more… )

Senator Coburn – Ask your neighbors and not your government for help

The heartlessness of Senator Tom Coburn of Oklahoma is bad enough, but look at the reaction of the crowd. It is rather heart-wrenching to watch. Coburn basically tells a woman whose husband has a brain injury to go and panhandle his neighbors. If I get a break at work, I’ll have more to say on this terrible scene.

From Slate:

Writing in the New Republic‘s health care blog, the Treatment, Harold Pollock, a professor at the University of Chicago School of Social Service Administration, said that when he saw this clip neither he nor his wife, a clinical nurse specialist, “could … believe what we were watching.”

Neither could I. Here’s a transcript:

Q: Sen. Coburn, we need help. My husband has traumatic brain injury. His health insurance will not cover him to eat and drink. And what I need to know is: Are you going to help him? Where he can eat and drink? We left the nursing home, and they told us we are on our own. He left with a feeding tube. I have been working with him, but I’m not a speech pathologist, a professional that takes six years for a masters’, and I’m trying to get him to eat and drink again [inaud].

A: Well, I think—first of all, yeah. We’ll help. The first thing we will do is to see what we can do, individually, to help you, through our office. But the other thing that is missing in this debate is us as neighbors, helping people that need our help. [Applause.] You know we tend to … [Applause.] The idea that the government is a solution to our problems is an inaccurate, a very inaccurate statement.

Pollock, his wife, and Philip Pizzo, dean of Stanford Medical School, found Coburn’s answer to be deeply disturbing. I did, too, of course. But what truly shocked and depressed me was not Coburn’s let-’em-eat-cake response but the fact that it wasn’t met in the room with a collective sharp intake of breath. Instead, Coburn received two quite robust bursts of applause. I have no idea how Congress and the White House can possibly sell health care reform to people like that. (more… )

Thanks to Political Animal for pointing this video out to me.

Jonathan Butler

I just love the groove of this tune. Jonathan Butler never got the national attention that I thought he should have gotten. He is very talented.

Artist: Jonathan Butler
Tune: “Sarah, Sarah”

Mysterious murder in OK

This is very odd.  I think that the details will make us sick.  Words like staged and horrific makes me think that this is very different.

From CNN.com:

Investigators have offered a $10,000 reward in the killing of a pastor at an Oklahoma church, a crime the local prosecutor described as “horrific.”

The reward comes as police try to unravel the mystery of who killed Carol Daniels, a 61-year-old pastor from Oklahoma City, Oklahoma.

She traveled many Sundays to Anadarko, Oklahoma, about 50 miles southwest of her home, to Christ Holy Sanctified Church “in case people came in to worship,” her son, Alvin Daniels, told CNN.

Investigators found her body inside the church around noon Sunday.

District Attorney Bret Burns called the crime scene the worst he’d ever seen in 17 years as a prosecutor, but he would not say why. He has described a “horrific” scene inside the church but declined to elaborate. He also declined to comment when asked about a possible motive.

Jessica Brown, a spokeswoman for the Oklahoma State Bureau of Investigation, said the body was “staged” after the killing but declined to say more. She said investigators have some promising leads, but a bureau statement said police have no suspects.  (more… )

Tables are turned on Senator McCain at townhall

From TP:

Over this past month, it has become a customary sight at town halls across the country to witness angry protesters mouthing right-wing talking points against health reform. But yesterday, in a town hall forum in Phoenix, Sen. John McCain (R-AZ) was confronted by an attendee who voiced passionate anger in support of health reform:

Why don’t I have the health insurance you’ve got! Because I’m paying for it! And I’m paying for the President of the United States’ health insurance and Congress’ health insurance. Why don’t I have that! I’m your employer! I’m your employer! You work for me, and you’ve got a better health insurance plan than I’ve got!

McCain responded, “You’re exactly right. That’s why I want to make health care insurance available and affordable to you sir.”

Watch it:

Grab bag – Thursday Morning

News RoundUp:

  • In a bit of a surprise, new U.S. home sales jumped 9.6% in July, beating analysts’ expectations for the fourth straight month.
  • The Cash for Clunkers program wrapped up this week, and led to nearly 700,000 new car sales. The program, which most have deemed a success, came in under its $3 billion budget.
  • South Carolina Gov. Mark Sanford’s (R) troubles got worse today when Lt. Gov. Andre Bauer (R) urged Sanford to resign, and vowed not to seek another term if the governor would finally step down. Sanford said he would not be “railroaded” out of office.
  • If Massachusetts lawmakers are still willing to change the process for replacing U.S. senators, Gov. Deval Patrick (D) would sign a bill into law.
  • Funeral arrangements were announced today for Edward Kennedy. He will be buried at Arlington National Cemetery, just 95 feet south of the area where his older brothers, President John F. Kennedy and Robert F. Kennedy, were laid to rest.

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  • The Vietnam Veterans of America, a national advocacy group, is not at all impressed with the vile, right-wing “death book” attacks.
  • Betsy McCaughey continues to be poison for the political discourse.Karl Rove and Rush Limbaugh are no better.
  • In light of President Obama’s decision to re-nominate Ben Bernanke at the Fed, James K. Galbraith’s piece in the new issue of the Monthly is all the more significant.
  • You know that attack on the Colorado Democratic Party Headquarters? The initial reports suggested it was the work of enraged right-wing activists. There may be more to it than that.
  • It looks like Rep. Trent Franks (R-Ariz.) is going for the full “birther” after all.
  • And, as the anniversary of the Hurricane Katrina disaster approaches, right-wing radio host Neal Boortz today referred to the victims of the story as human “debris.” You stay classy, conservatives.

Thanks to Political Animal for this Round Up. Now, I have to get back to work!

Republican Congresswoman looking for Great White Hope

lynn jenkinsI’m guessing that Michael Steele and JC Watts are out?  The Republican party is the party for you if you are White.

From TPM:

“Republicans are struggling right now to find the great white hope,” said Jenkins. “I suggest to any of you who are concerned about that, who are Republican, there are some great young Republican minds in Washington.” As examples, Jenkins mentioned Rep. Eric Cantor (R-VA), Rep. Kevin McCarthy (R-CA) and Rep. Paul Ryan (R-WI).

Kennedy dies

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From AP:

Sen. Edward M. Kennedy, the liberal lion of the Senate and haunted bearer of the Camelot torch after two of his brothers fell to assassins’ bullets, has died at his home in Hyannis Port after battling a brain tumor. He was 77.

For nearly a half-century in the Senate, Kennedy was a steadfast champion of the working class and the poor, a powerful voice on health care, civil rights, and war and peace. To the American public, though, he was best known as the last surviving son of America’s most glamorous political family, the eulogist of a clan shattered again and again by tragedy. (more…)

I’ll have more later. My heart goes out to the Kennedy family.

Statement from the Kennedy family:

“Edward M. Kennedy — the husband, father, grandfather, brother and uncle we loved so deeply — died late Tuesday night at home in Hyannis Port.

“We’ve lost the irreplaceable center of our family and joyous light in our lives, but the inspiration of his faith, optimism, and perseverance will live on in our hearts forever.

“We thank everyone who gave him care and support over this last year, and everyone who stood with him for so many years in his tireless march for progress toward justice, fairness and opportunity for all.

“He loved this country and devoted his life to serving it.

“He always believed that our best days were still ahead, but it’s hard to imagine any of them without him.”

Here’s Ted Kennedy at his best (in my opinion) endorsing Barack Obama.

As Kennedy said, “The work goes on, the cause endures, the hope still lives and the dream shall never die.

Grab Bag – Monday Evening

I’m sorry that I’m not available to gather a comprehensive post for today. Unfortunately, I got beaten up pretty good at work. It wasn’t the number of patients. It was the complexity of their cases.

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  • The Obama administration released a highly redacted CIA report on interrogations. The report should remove all doubt that we did torture detainees. The report states that “systematic, clear and timely guidance” to interrogators were missing especially early in 2002 and 2003. There’s a reason for this. That’s exactly what the Bush administration wanted. Remember, the gloves are coming off. You can see a lot more of the description of the abuses — here.
  • Attorney General Eric Holder appointed John Durham as a special prosecutor. The scope of the special prosecutor’s charge is very narrow. This may be problematic.
  • It was pretty clear that President Obama really did not want to get deep into this. It was clear that he did not want to bog down his presidency, but we are here nonetheless.
  • The two memos (here and here) that Vice President Dick Cheney asked for were released. If these memos prove that torture worked, I don’t see it.
  • I’ve been wanting to post something for weeks on the swine flu. Somehow I never had the time or I posted something else instead. As a physician, let me say that the swine flu will be back. Without appropriate precautions, we may be in deep trouble. During flu season approximately 200,000 Americans are hospitalized. Estimates for the swine flu are as high as 1.8 million! Be vigilant.
  • Jeffrey Smith has six reasons not to prosecute CIA interrogators. He was general counsel of the CIA from 1995-1996. Take your time and read the six reasons. They’re not as outlandish as they sound. Okay, they are a little outlandish.
  • The Los Angeles coroner came to the conclusion that almost every American came to several weeks ago — Michael Jackson died from an overdose of a drug called propofol. I’ve thought about this for weeks. Propofol is a drug that I’m very familiar with. I use it almost every day in the intensive care unit. I know some of the original investigators who worked with developing the drug. The drug is extremely well-tolerated. It is fast acting and it goes away very quickly. It is a perfect drug, if there’s such a thing, to induce anesthesia. I use it as a sedative in the ICU for patients who are on the ventilator. Yet a doctor used it at somebody’s house? The stupidity is too much for me to comprehend. Hopefully, we’ll find out that the doctor took appropriate precautions (appropriate monitoring equipment along with materials needed to place Michael Jackson on the ventilator if necessary).

Mackey tries to weather the storm

I tried to point this out.

From C&L:

You gotta love the mentality of Greta Van Susteren, reducing the whole union-hating, Ayn Rand-loving, universal health care-dismissing ravings of Whole Foods founder John Mackey to a question of whether he’s a “bad man.” She’s using the same language I use with my 6 year old when talking about “stranger danger.” Sheesh.

Even as a diehard foodie (My husband and I plan our weekends and vacations around meals and restaurants. Seriously.), I actually don’t shop that often at Whole Foods. I find it…well, elitist and overpriced. I much prefer Trader Joe’s and our local farmers’ markets to Whole Foods, though many of my friends are major patrons. But now that I’ve read Mackey’s diatribe in the WSJ in all its Randian glory, I have to wonder if he considered at all who shops in his stores. GastroNomalies.com‘s Ali Savino writes on Whole Foods’ rotten core:

Whole Foods CEO John Mackey wrote a thunderous comment piece in which he derided the public option, Barack Obama‘s biggest campaign promise to progressives, and put forward a stridently conservative view of healthcare for America.

Does Mackey know who his customer base is? Did he really not foresee the backlash that has ensued – the howls across the blogosphere and Twitter, the Facebook petition to boycott Whole Foods?

Pundits argue that Mackey hasn’t gotten a fair shake. He sells food after all, not health insurance. He’s a successful businessman who has wisdom to share. But Whole Foods is more than a supermarket. From the cooking classes and wine tastings to the monthly event calendar on the wall, Whole Foods aims to be a way of life.

The brand Mackey created caters to a specific clientele. Customers are greeted with signage boasting of local farmers and grass-fed cattle. Whole Foods touts announcements of Green Prom projects and 100-best-companies-to-work-for accolades. The reusable shopping bags and shelves filled with yoga mats and all-natural beeswax lip balm aim to capture the same folks clicking “donate” on the MoveOn fundraising appeals.

These are the same people who pay large sums for a pint of organic strawberries, laughing off or even defending the “Whole Paycheque” label. They tell themselves: It’s OK to pay double what those strawberries would cost elsewhere, because they’re chemical-free, healthier, environmentally and ethically sound. Whole Foods customers want to feel good about their purchases and believe they are being better citizens for shopping there.

Now Mackey, the face of the company, is not only at odds with a central tenet of progressivism, but a supporter of free-market evangelism that has no space for the community-based, egalitarian solutions his customers support.

One of the site team wrote to Whole Foods after the op-ed was published and Whole Foods responded quickly with a somewhat disingenuous response, but also one which disavowed Mackey’s stance (The exact phrasing was “Whole Foods Market has no official position on the issue”). If you’re on Facebook, you can join the “Boycott Whole Foods” group now.

Clapton – “Pretending”

There are only a few artists that can be mentioned with Eric Clapton. He has had a career that no one could have dreamed of, a career that has spanned four decades. Frank Sinatra had a career that spanned four decades. Clapton.

A couple of years ago, a friend of mine was arguing about the greatest opening chords of rock and roll. He was arguing for the opening riff of Layla. I said that there were several unforgettable opening riffs including The Rolling StonesStart me up, The Who’s Who are you? and the BeatlesIt been a Hard Day’s Night. All of these are great. Which is the greatest is a matter of taste.

“Pretending” is a great tune off of one of Clapton’s best CD’s.

Artist: Eric Clapton
Tune: Pretending

The Errington Thompson Show 8-8-09

This is a barrel of fun and information.  Enjoy!

There’s been a lot of craziness in the news this week and I can think of nobody better to unravel the craziness than Bill Scher from Liberal Oasis and Campaign for America’s Future. Bill is correct to point out we could have no better adversary. We can either have somebody intelligently discussing the conservative approach to health care reform or these angry mobs screaming at our congressmen. Once the press began to focus on the mobs Liberals clearly appeared to be rational and thoughtful. Also, the press suggested, at the beginning of the week that these mobs were speaking for middle America. By the end of the week, it was clear that they were speaking for the far right.

Let’s slow down. Bill points out that this is a disingenuous argument by the right wing. He points out that nobody from that Right is saying slow down. I have a really good idea.

By the end of a week, Sonia Sotomayor joins the Supreme Court as the 111th Supreme Court justice in the history of the United States. Barack Obama gets Cash for Clunkers through Congress. President Bill Clinton goes to Pyongyang and brings back the two journalists that were imprisoned from Current TV. It’s an excellent example of how conservatives will never except that Democrats can do anything well. There is no quid pro quo. Bill Scher is great as usual.

I speak with Heidi Shierholz from the Economic Policy Institute.  We discussed the “better” economic numbers. It’s hard to celebrate the loss of 247,000 jobs but that’s a lot less than over 700,000 jobs that we saw earlier in the year.  It is not time to do a happy dance but if you were on the ledge getting ready to jump, you can come back inside.

The Errington Thompson Show 8-1-09

My guest is Joan McCarter (“McJoan”) from the Daily Kos. Joan is a great blogger and former Capital Hill staffer. Dr. Andy Coates is a national leader of Physicians for a National Health Program who teaches at Albany Medical College and practices Internal Medicine.

I opened the show with a discussion about the healthcare “debate.” First of all, I don’t think there’s been much debate. Republicans are basically saying no. They’re saying no to single-payer. They’re saying no to the public option. Democrats, on the other hand, are putting forth these reasonable arguments and the only response they get is no. Somehow, this has become debate.

I get the feeling that some progressives are becoming disheartened because we have both houses of Congress and the White House and we’re still not really getting what progressives would consider to be liberal legislation. I think there was a sense that after the election we could put our government on autopilot. Nothing could be further from the truth. If we don’t speak up and remind our elected officials what we’re thinking then the only thing they will hear will be the Republicans saying no. We have to be there to push back. We have to remain active.

I take the opportunity to point out how Republicans try to distract us from reality. This was mentioned wonderfully in the book by Rick Perlstein called Nixonland and in Thomas Frank’s book The Wrecking Crew. Unfortunately, President Barack Obama played into some of this by commenting on the Professor Gates incident up in Cambridge, Massachusetts. The mainstream media picks up on this diversion. Therefore, several news cycles are taken up with a discussion, with no point, of racism. We got to meet the police officer that arrested Professor Gates. We got the president to come out and “clarify” his comments. We have the local police union supporting the police officer yet, there’s no substantive discussion on race or racism. All the while, we should be focused on healthcare because we’re not going to fix the race problem by beating up (figuratively not literally) the police officer or Professor Gates or both of them. I won’t even mention Glenn Beck and his inflammatory comments although I do play the clip.

Our first guest is Joan McCarter from the Daily Kos. She’s been blogging a lot on healthcare. I asked her are we going to get a public option. She agrees with me that we need a strong progressive movement to push Congress toward a public option. I talk about the lack of leadership for strong public option in the Senate. It is unclear to me what Harry Reid is doing but I hope he’s not getting paid to lead. We talk about the current state of legislation in the Senate and the fact that Senator Max Baucus does not appear to be representing what progressives want. Senator Jay Rockefeller has stated that although he is on the Senate Committee on Health, he has been shut out of the legislative process. Finally, we discussed the fact that it appears that President Obama has not closed off any options. Everything is still on the table. Joan points out that we’re far enough into the process, everything should not be on the table.

My second guest is Dr. Andy Coates who is a national leader of Physicians for a National Health Program. He points out how he came to the decision that we needed to have some sort of national health program. It is the inequity in health care. The disparity is not just about black versus white, but also urban versus rural and rich versus poor. As far as our national “discussion” goes, it’s unclear how we began to talk about national insurance when what we need is a discussion on national health care reform. We talk about the anonymous amount of money that we’re spending on healthcare now and Dr. Coates points out that the money we’re spending needs to go to care. What a concept! Healthcare dollars going to take care of patients. Single-payer could save us, SAVE US three to four trillion dollars over 10 years.

Why is healthcare in the US more expensive? I explain.

This is an outstanding show. Enjoy.

Obama combats lies on weekly address

From President Barack Obama:

Let’s start with the false claim that illegal immigrants will get health insurance under reform. That’s not true.  Illegal immigrants would not be covered. That idea has never even been on the table. Some are also saying that coverage for abortions would be mandated under reform. Also false. When it comes to the current ban on using tax dollars for abortions, nothing will change under reform.  And as every credible person who has looked into it has said, there are no so-called “death panels” – an offensive notion to me and to the American people. These are phony claims meant to divide us.

Jon Stewart confronts Betsy McCaughey

I was going to post something on this lady last week, but I never got around to it. She is even looking for the wrong page. The section starts at page 434. Rachel Maddow has the summary.

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From Daily Kos: I am sitting here watching Jon Stewart interview Betsy McCaughey.  I have never seen anyone lie so much in my life.  As she told everyone to do, she told them to read the bill, especially the section that she was talking about.  In fact, Jon Stewart read that section aloud to his audience.  And I took the time to read it myself online.

So here’s the section, H.R. 3200 Section 1233, that she seems to think leads to “death panels”.  (I know she didn’t use that phrase, but that’s what she’s been driving at.)

(b) Expansion of Physician Quality Reporting Initiative for End of Life Care- 
(1) Physician’S QUALITY REPORTING INITIATIVE- Section 1848(k)(2) of the Social Security Act (42 U.S.C. 1395w-4(k)(2)) is amended by adding at the end the following new paragraphs: 
`(3) Physician’S QUALITY REPORTING INITIATIVE- 
`(A) IN GENERAL- For purposes of reporting data on quality measures for covered professional services furnished during 2011 and any subsequent year, to the extent that measures are available, the Secretary shall include quality measures on end of life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment. 
`(B) PROPOSED SET OF MEASURES- The Secretary shall publish in the Federal Register proposed quality measures on end of life care and advanced care planning that the Secretary determines are described in subparagraph (A) and would be appropriate for eligible professionals to use to submit data to the Secretary. The Secretary shall provide for a period of public comment on such set of measures before finalizing such proposed measures.’.

She seems to think that this measure will lead to incentivizing doctors to go through a whole huge long list of choices regarding end of life decisions, encouraging patients to refuse treatments, and then penalizing doctors if patients try to change their minds.  Given she doesn’t have any legal training whatsoever (although she is apparently good at throwing parties for wealthy Wall Street elites), I’d rather not hold it against her that she can’t read and interpret legislation to save her life.  But if she’s going to imply that she’s some sort of expert, I’m going to have to take her to task.

First, there is nothing in here that specifies any long list of choices that doctors must force their patients to make.  First, the bill says that if patients want to, Medicare will pay for a consultation every five years.  And there is no long list specified either, if the patient should choose to have that consultation.

Second, there is no incentive to encourage patients to refuse treatments.  During the consultation, patients are free to say that they want the doctor to do anything and everything to save their life and resuscitate them.  (Even including, if you go to Jon Stewart’s doctor, gold plated enemas.)  If you want to refuse treatment, you can.  If you don’t want to refuse treatment, you don’t have to. (more…)