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Legal aid cuts will put domestic abuse victims at risk, law groups warn

More children and partners likely to be cross-examined in court by alleged assailants, Manifesto for Family Justice claims An increasing number of victims of domestic abuse, including children, will be cross-examined in court by their alleged assailants if the government goes ahead with plans to cut legal aid, a coalition of family and children’s charities has warned. In a manifesto sent to all MPs, the group – which includes the Bar Council, the children’s commissioner, Liberty, Women’s Aid and Gingerbread – calls on ministers to protect vulnerable children and partners in divorce and family proceedings. The legal aid, sentencing and punishment of offenders bill, which will save £350m a year from the legal aid budget, has completed its committee stage in the Commons and will be debated on the floor of the house next week. The justice secretary, Ken Clarke, has said he wants to do away with “compensation culture”. Restrictions are being imposed on access to legal aid in divorce and family proceedings. The Ministry of Justice has said legal aid will be preserved for those who suffer violence and psychological abuse in domestic disputes. Family charities and the legal profession claim the definition remains too narrow and that alleged perpetrators will not be entitled to legal representation, resulting in many conducting personal cross-examinations. This already happens on rare occasions but is likely to become far more widespread under the proposed reforms, according to the Manifesto for Family Justice. Stephen Cobb QC, chairman of the Family Law Bar Association, said: “We will see an increasing number of people going to court on their own without representation. “That is DIY justice, not access to justice. We face the very real prospect that many children and women who have been victims of domestic abuse will have to endure the further trauma of being cross-examined by their alleged perpetrator, who will not be eligible for legal aid. “We are facing a disturbing new landscape in which 600,000 people will no longer receive legal aid, 68,000 children will be affected by the removal of legal aid in family cases, 54,000 fewer people will be represented in the family courts annually and there will be 75% fewer private law cases in court. “When the government consulted on these proposals, virtually no one supported them. The civil legal aid cuts will be bad for children, bad for women and bad for families.” The Bar Council represents barristers in England and Wales. The manifesto states that the “narrow definition of domestic abuse [used in the bill] is more restrictive than that used by the Home Office and the Association of Chief Police Officers and will limit legal aid to victims of certain types of abuse”. Itsuggests that because of problems likely to be created for the courts, the government may not save money and could even be faced with increased costs. Fiona Dwyer from Women’s Aid said: “A lot of people will end up being cross-examined by their ex-partner. We have increasing evidence of that, but it’s going to be much worse in future if men are not going to be able to access legal aid. “Women are going to be pressurised into making informal arrangements which will place them at risk of harm. We would be concerned that more children would be at risk.” Jane Wilson of Resolution, which represents family lawyers, said: “We are really worried that the bill will reduce access to justice for the poorest in society.” Other signatories of the manifesto include the Association of Lawyers for Children, Co-ordinated Action Against Domestic Abuse, and the National Federation of Women’s Institutes. Domestic violence Legal aid Family law UK criminal justice Kenneth Clarke Charities Voluntary sector Owen Bowcott guardian.co.uk

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Legal aid cuts will put domestic abuse victims at risk, law groups warn

More children and partners likely to be cross-examined in court by alleged assailants, Manifesto for Family Justice claims An increasing number of victims of domestic abuse, including children, will be cross-examined in court by their alleged assailants if the government goes ahead with plans to cut legal aid, a coalition of family and children’s charities has warned. In a manifesto sent to all MPs, the group – which includes the Bar Council, the children’s commissioner, Liberty, Women’s Aid and Gingerbread – calls on ministers to protect vulnerable children and partners in divorce and family proceedings. The legal aid, sentencing and punishment of offenders bill, which will save £350m a year from the legal aid budget, has completed its committee stage in the Commons and will be debated on the floor of the house next week. The justice secretary, Ken Clarke, has said he wants to do away with “compensation culture”. Restrictions are being imposed on access to legal aid in divorce and family proceedings. The Ministry of Justice has said legal aid will be preserved for those who suffer violence and psychological abuse in domestic disputes. Family charities and the legal profession claim the definition remains too narrow and that alleged perpetrators will not be entitled to legal representation, resulting in many conducting personal cross-examinations. This already happens on rare occasions but is likely to become far more widespread under the proposed reforms, according to the Manifesto for Family Justice. Stephen Cobb QC, chairman of the Family Law Bar Association, said: “We will see an increasing number of people going to court on their own without representation. “That is DIY justice, not access to justice. We face the very real prospect that many children and women who have been victims of domestic abuse will have to endure the further trauma of being cross-examined by their alleged perpetrator, who will not be eligible for legal aid. “We are facing a disturbing new landscape in which 600,000 people will no longer receive legal aid, 68,000 children will be affected by the removal of legal aid in family cases, 54,000 fewer people will be represented in the family courts annually and there will be 75% fewer private law cases in court. “When the government consulted on these proposals, virtually no one supported them. The civil legal aid cuts will be bad for children, bad for women and bad for families.” The Bar Council represents barristers in England and Wales. The manifesto states that the “narrow definition of domestic abuse [used in the bill] is more restrictive than that used by the Home Office and the Association of Chief Police Officers and will limit legal aid to victims of certain types of abuse”. Itsuggests that because of problems likely to be created for the courts, the government may not save money and could even be faced with increased costs. Fiona Dwyer from Women’s Aid said: “A lot of people will end up being cross-examined by their ex-partner. We have increasing evidence of that, but it’s going to be much worse in future if men are not going to be able to access legal aid. “Women are going to be pressurised into making informal arrangements which will place them at risk of harm. We would be concerned that more children would be at risk.” Jane Wilson of Resolution, which represents family lawyers, said: “We are really worried that the bill will reduce access to justice for the poorest in society.” Other signatories of the manifesto include the Association of Lawyers for Children, Co-ordinated Action Against Domestic Abuse, and the National Federation of Women’s Institutes. Domestic violence Legal aid Family law UK criminal justice Kenneth Clarke Charities Voluntary sector Owen Bowcott guardian.co.uk

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NHS power will be held by quango, leaked document reveals

Malcolm Grant, the government’s choice to run the powerful NHS commissioning board, makes remarkable admission The health secretary will “franchise” the running of the NHS to a quango for up to three years at a time – a move that will result in an unelected academic and the nation’s 38,000 family doctors, rather than ministers, being accountable for the day-to-day running of the health service, according to leaked documents obtained by the Guardian. In unpublished evidence to the health select committee last week, Malcolm Grant, the government’s choice to run the powerful NHS commissioning board, outlined “an extraordinary transformation of responsibility” that appears to undermine claims by ministers that the proposed legislation will not dilute the government’s constitutional responsibilities to the health service. At present, the cabinet minister for health has a “duty to provide a national health service” in England, but that disappears in the NHS bill’s proposals. Grant, a law professor who runs University College London, told MPs that, under the new system, the secretary of state “mandates” the commissioning board to run the NHS every “two … possibly three years” and then retreats into the shadows. The board will hand over taxpayers’ cash to groups of GPs to buy services on behalf of patients. He admitted there would be “a fundamental change of responsibility and accountability under the bill” because about £80bn of public money would be transferred to the board and GPs. He said these two groups – not politicians – would run the NHS and ensure patients received an adequate level of health provision in England. “If [GPs] are dissatisfied with what happens in a hospital, they need to deal with it and not simply complain to a secretary of state who no longer has this responsibility, nor to the commissioning board which has given them the responsibility, but to complain to the hospital and get it sorted, and, if it is not sorted, to use their commissioning power to ensure that it is.” With peers beginning line-by-line scrutiny of the coalition’s NHS bill on Tuesday, the government has been attempting to rebut detractors of all political persuasions influenced by the powerful Lords constitutional committee. The committee warned last month about the “extent to which the chain of constitutional responsibility as regard to the NHS [will be] severed”. In what is perceived as a sign of panic over the level of peers’ opposition, a 72-page letter from ministers sent to all peers last week conceded a “necessary amendment” might be needed to rectify the impression the government would not be “responsible and accountable” for the NHS. However, Grant, who is expected to take up the post later this month, confirmed the bill’s critics’ worst fears in a combative parliamentary performance last week. In a remarkable admission, Grant told MPs that, from April 2013, in the event of a “crisis” in the health service. either he, nurses, GPs or hospital medical directors would be taking to the airwaves as the health secretary would not have responsibility for the daily running of the NHS. “It is no longer going to be the case that the secretary of state is wheeled in front of the TV cameras,” he told MPs. “Responsibility has to go back to where it is. It has to go back to within those hospitals. Who is the chief nurse? Who is the medical director. Where is the CEO?” MPs questioned how the public would be informed how well the NHS was faring by asking who “will be the person doing Panorama?” Grant replied: “I said this job was full of risks and probably that ends up being one of them.” Parliamentary scrutiny will also become a thing of the past. After the bill is passed, the health secretary will no longer have to answer MPs’ questions every month but will just put forward an annual report on how the board is doing once a year. The secretary of state will also, in effect, lose “powers of direction” over the health service, depriving the minister of the power to order NHS services to improve. The government would find it difficult to repeat Labour’s 2007 act of ordering a “deep clean” of NHS hospitals to tackle a rising tide of MRSA infections. Lady Thornton, Labour’s shadow health minister in the Lords, said: “This completely undermines the 1948 and 2006 acts. The whole point of the debate we’ve been having is that the secretary of state has to be accountable to parliament for the provision of a national health service, and you can’t just start franchising out that role.” To smoke out the government, Labour has also put down a probing amendment before peers which asks the house to concede that the principles of the NHS should be to “promote quality, equity, integration and accountability, not the market”. A Department of Health spokesman said: “The secretary of state will remain responsible for promoting a comprehensive health service and retains the ultimate accountability for securing the provision of services, through his relationship with NHS bodies.” NHS Health Public services policy Health policy Andrew Lansley Randeep Ramesh guardian.co.uk

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NHS power will be held by quango, leaked document reveals

Malcolm Grant, the government’s choice to run the powerful NHS commissioning board, makes remarkable admission The health secretary will “franchise” the running of the NHS to a quango for up to three years at a time – a move that will result in an unelected academic and the nation’s 38,000 family doctors, rather than ministers, being accountable for the day-to-day running of the health service, according to leaked documents obtained by the Guardian. In unpublished evidence to the health select committee last week, Malcolm Grant, the government’s choice to run the powerful NHS commissioning board, outlined “an extraordinary transformation of responsibility” that appears to undermine claims by ministers that the proposed legislation will not dilute the government’s constitutional responsibilities to the health service. At present, the cabinet minister for health has a “duty to provide a national health service” in England, but that disappears in the NHS bill’s proposals. Grant, a law professor who runs University College London, told MPs that, under the new system, the secretary of state “mandates” the commissioning board to run the NHS every “two … possibly three years” and then retreats into the shadows. The board will hand over taxpayers’ cash to groups of GPs to buy services on behalf of patients. He admitted there would be “a fundamental change of responsibility and accountability under the bill” because about £80bn of public money would be transferred to the board and GPs. He said these two groups – not politicians – would run the NHS and ensure patients received an adequate level of health provision in England. “If [GPs] are dissatisfied with what happens in a hospital, they need to deal with it and not simply complain to a secretary of state who no longer has this responsibility, nor to the commissioning board which has given them the responsibility, but to complain to the hospital and get it sorted, and, if it is not sorted, to use their commissioning power to ensure that it is.” With peers beginning line-by-line scrutiny of the coalition’s NHS bill on Tuesday, the government has been attempting to rebut detractors of all political persuasions influenced by the powerful Lords constitutional committee. The committee warned last month about the “extent to which the chain of constitutional responsibility as regard to the NHS [will be] severed”. In what is perceived as a sign of panic over the level of peers’ opposition, a 72-page letter from ministers sent to all peers last week conceded a “necessary amendment” might be needed to rectify the impression the government would not be “responsible and accountable” for the NHS. However, Grant, who is expected to take up the post later this month, confirmed the bill’s critics’ worst fears in a combative parliamentary performance last week. In a remarkable admission, Grant told MPs that, from April 2013, in the event of a “crisis” in the health service. either he, nurses, GPs or hospital medical directors would be taking to the airwaves as the health secretary would not have responsibility for the daily running of the NHS. “It is no longer going to be the case that the secretary of state is wheeled in front of the TV cameras,” he told MPs. “Responsibility has to go back to where it is. It has to go back to within those hospitals. Who is the chief nurse? Who is the medical director. Where is the CEO?” MPs questioned how the public would be informed how well the NHS was faring by asking who “will be the person doing Panorama?” Grant replied: “I said this job was full of risks and probably that ends up being one of them.” Parliamentary scrutiny will also become a thing of the past. After the bill is passed, the health secretary will no longer have to answer MPs’ questions every month but will just put forward an annual report on how the board is doing once a year. The secretary of state will also, in effect, lose “powers of direction” over the health service, depriving the minister of the power to order NHS services to improve. The government would find it difficult to repeat Labour’s 2007 act of ordering a “deep clean” of NHS hospitals to tackle a rising tide of MRSA infections. Lady Thornton, Labour’s shadow health minister in the Lords, said: “This completely undermines the 1948 and 2006 acts. The whole point of the debate we’ve been having is that the secretary of state has to be accountable to parliament for the provision of a national health service, and you can’t just start franchising out that role.” To smoke out the government, Labour has also put down a probing amendment before peers which asks the house to concede that the principles of the NHS should be to “promote quality, equity, integration and accountability, not the market”. A Department of Health spokesman said: “The secretary of state will remain responsible for promoting a comprehensive health service and retains the ultimate accountability for securing the provision of services, through his relationship with NHS bodies.” NHS Health Public services policy Health policy Andrew Lansley Randeep Ramesh guardian.co.uk

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Reliable Sources Panel Defend Firing of NPR Host and Attack MSNBC’s Ratigan for Support of #OWS

Click here to view this media Apparently Dylan Ratigan inserting himself into the Occupy Wall Street has got the folks over at TeaNN terribly upset, since Howard Kurtz decided to spend a segment carping about it on his show that claims to report on media bias, Reliable Sources. And apparently Kurtz believes someone who was a former Trent Lott staffer and now an anchor on Glenn Beck’s GBTV, Amy Holmes, qualifies as some sort of objective “journalist” to weigh in on Ratigan’s advocacy of the #OWS protests. Kurtz’s panel also included The Washington Post’s Dana Milbank and PBS’ Terence Smith, who like Holmes thought it was just awful that someone who appears on a “news network” like Ratigan would openly show support for the Wall Street protesters, also defended the firing of Lisa Simeone from NPR for openly advocating for the protesters as well. So much for free speech. James Fallows at The Atlantic has more on that here as well . They also discussed the AstroTurf “tea party” being openly supported by pundits over at Fox “News”, but what was missing here was any mention whatsoever of the fact that CNN was every bit as big of a cheerleader for that “movement” as anyone at Fox was. They sent their reporters to be embedded on their buses and if you had twenty of these people showing up anywhere, there were CNN reporters there to cover it and make sure those protests or town hall meetings made it into the national spotlight. And what other network besides CNN has allowed the “tea party” to co-host their presidential primary debates? None. But they’re going to talk about Fox supporting them as though that happened in a vacuum and their network wasn’t participating in propping up that Koch brothers, FreedomWorks, Dick Armey, and friends corporate sponsored fiasco as well. Matt Taibbi responded to the recent dust-up over the hacked emails from himself, Ratigan and others at his Rolling Stone blog here — Why Rush Limbaugh Is Freaking Out About Occupy Wall Street . Full transcript below the fold. KURTZ: The media coverage has intensified since the “Occupy Wall Street” protests have gone global. And there have been more clashes with police. A hundred people arrested last night in Chicago. But the carping by conservative commentators and surely by some liberal types makes you wonder whether they’re looking at the same demonstrators. (BEGIN VIDEO CLIP) BILL O’REILLY, FOX NEWS: These people — they’re not winning and they’re not going to win. They’re loons. ED SCHULTZ, MSNBC: My Virginia public school education tells me the 99 percent movement is twice as popular as the nut jobs in the Tea Party. ERIC BOLLING, FOX NEWS: These communist, Nazi — BOB BECKEL, FOX NEWS: I haven’t called the Tea Party people fascists. BOLLING: — pot smoking, sex addicted morons. And you compared them to the Tea Party? (LAUGHTER) KURTZ: Let’s keep the debate on this high level, shall we? Dana Milbank, you went down to the protests here in D.C. When you look at those kinds clips, are the lefty pundits and righty pundits projecting their views on these Wall Street protesters, almost like a war shock test? MILBANK: I’m insulted you came to me immediately after sex- addicted morons. But, yes. I mean, they are. This is exactly, look, we’re seeing a mirror image of the complaints from the left about the Tea Party and sort of the fueling by FOX News on the right. Now, we’re seeing the exact same thing happen on the other side. The complaints, they’re not saying it’s Astroturf. They’re saying — they have other insults for it, and we’re seeing the same sort of behaviors at MSNBC. KURTZ: Now, Amy Holmes, you went to the demonstrations in New York. Are the mainstream media treating “Occupy Wall Street” a bit more sympathetically than they did the Tea Party? HOLMES: I think they are at GBTV, if I can give us a plug, we have been following, you know, who is behind this, who is funding it, where do these beautifully produced, you know, sort of faux newspapers come from. So, I notice that haven’t gotten coverage, you see this hodge-podge of leftist causes and posters, seem that don’t make sense, people doing some customs and it’s pretty right down there, that you don’t see any representation or any representative from feminist causes, which surprised me. No wage gap ceiling, not talk about women if they were bankers, maybe Wall Street would be a friend leer place. And now, we’re getting reports of sexual assaults there, and the “Occupy Wall Street” protesters are advising people not to go to the police. KURTZ: OK. You know, there’s a pretty good story in “The Washington Post” this morning about interviewing both Wall Street protesters and Tea Party protesters. But I think the challenge for journalists, Terry, is figuring out what the protesters want because there’s no established leadership. And it’s easy to focus on a few crazy people with signs or people who are engaging in appropriate behavior. But it’s harder to make judgments on the movement as a whole. SMITH: I think that’s right. And actually I think mainstream media were slow to pick up on this story. It is a phenomenon that has gone global. I went down to the demonstration in Freedom Square here in Washington and looked at this rather benign scene to tell you the truth. But this is — I mean, this is a phenomenon. And if it’s unformed and if the issues are ill-defined, it’s still worthy of substantial reporting. And the commentary will come at it from two directions. But I think it’s a phenomenon that will get more attention, not less. KURTZ: And speaking of mainstream media, some people will actually have some involvement with the “Occupy Wall Street” protesters. One of them is Lisa Simeone, the host of a show called “The World of Opera,” that was distributed by National Public Radio. NPR is now dropping distribution of it. It was distributed by someone else. And she had no documentary show she was fired from because Lisa Simeone also serving as an “Occupy Wall Street” spokesperson. Does that overlap? HOLMES: Well, two key points here when I read about her getting fired. First, she was fired from the show, not by NPR. KURTZ: Right. HOLMES: NPR distributes the show. KURTZ: Right. HOLMES: And I think the key point here was because a programming director complained and as someone from the radio world, you listen to your programming directors because they’re the ones making decision whether or not you’ll be on the air. Secondly, NPR is in the middle of a fund-raising drive. So, they certainly don’t want this when they’re asking listeners for money. KURTZ: On “The Opera Show,” Simeone had a great quote. She says, “What is NPR afraid I’ll do — insert a seditious comment into synopsis of Madame Butterfly?” But on the other hand MILBANK: That’s right. But if that person — excuse me — at “The Washington Post” had done the same thing, I think there may have been a similar reaction. KURTZ: Even if it was a music critic? MILBANK: Yes, because that’s the policy. And NPR has a big target on it right now because of mistakes they made in the past. So, they overreacted to Juan Williams, they’re going to overreact to a lot of things because of the target. SMITH: You know, it’s worth pointing out she was also an anchor on the weekend edition before on NPR. In other words, if you’re on an organization that presents news, whether you’re doing it that moment or not, steer clear of this sort of thing. KURTZ: Setting me up for the next question about MSNBC anchor Dylan Ratigan who has spoken frequently on the air with some sympathy for the Wall Street protesters. Let me show you a clip and we’ll have the question on the other side. (BEGIN VIDEO CLIP) DYLAN RATIGAN, MSNBC ANCHOR: I was there after the 700 arrests on the Brooklyn Bridge. And the energy that night at the general assembly that Tim was just talking about was loving and warm and more courageous, more resolute. (END VIDEO CLIP) KURTZ: So there’s some leaked E-mails, Terry, obtained by the conservative side of the government in which Dylan Ratigan is obviously helping to shape the message. Here’s one for him to focus on, simple shared principles and unique strength. And here’s another E-mail from another person saying, “Here it is, a statement the group is going to put out with Dylan suggesting revisions the ending needs smoothing out. Is that troubling? SMITH: Totally inappropriate. Absolutely wrong and not new. Journalists have fallen into the trap of telling politicians how to shape their message, now protesters how to shape their message. It is a big mistake. They shouldn’t do it. It is crossing the line. KURTZ: But this is – you know, it’s one thing if you want to go on the air and say, “Look, I have been talking to these people, and here is my advice.” This is behind the scenes. It’s not something MSNBC would know anything about. MILBANK: But this is the world we live in now. So I don’t think – you may not like it. Nobody should be surprised by it. And this sort of thing goes on. The line has been blurred between activism and between journalism. I mean, I suppose if we’re going to look at gradations and, you know, shades of gray here, it is perhaps better to be fomenting a movement like “Occupy Wall Street” or the Tea Party event actually getting in and helping a political candidate. So – HOLMES: I think it is very problematic, and Fox had a flare-up where one of their executives was advising the Bush campaign. That person was fired. But we do see – KURTZ: Advising? HOLMES: I believe so. There were e-mails going back and forth. What we do see this blurring, and here at CNN, James Carville and Paul Begala, it was reported, were having morning phone conversation with Rahm Emanuel when he was chief of staff. KURTZ: Which they say were friendly calls, but both of them – look, the people who are outside contributors – they help parties raise money – HOLMES: You can say that about this host Simeone, that she said she was an independent person with an independent show being distributed by NPR. So why should she have to – KURTZ: But here in the case of Dylan Ratigan, we have a guy who is a host, who is on everyday at 4:00 in the afternoon, part of MSNBC corporate family, who was involved in E-mails with a group that he is covering. Would the media coverage – we’re running a little short of time here – have been different if this had been a host at Fox News having E-mails with the tea party? HOLMES: Absolutely. Absolutely. SMITH: The only defense is that he is commentator, really, and entertainer, not news deliverer, and that’s not much of a defense. HOLMES: But how can you ever hope to have, you know, somebody regarded as fair when he has a politician, someone is running for office, that they’re going to have fair sit-downs. KURTZ: I don’t see him as an entertainer at all and I think it is a mistake as well. Amy Holmes, Dana Milbank and Terrence Smith, thanks for stopping by this morning.

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Reliable Sources Panel Defend Firing of NPR Host and Attack MSNBC’s Ratigan for Support of #OWS

Click here to view this media Apparently Dylan Ratigan inserting himself into the Occupy Wall Street has got the folks over at TeaNN terribly upset, since Howard Kurtz decided to spend a segment carping about it on his show that claims to report on media bias, Reliable Sources. And apparently Kurtz believes someone who was a former Trent Lott staffer and now an anchor on Glenn Beck’s GBTV, Amy Holmes, qualifies as some sort of objective “journalist” to weigh in on Ratigan’s advocacy of the #OWS protests. Kurtz’s panel also included The Washington Post’s Dana Milbank and PBS’ Terence Smith, who like Holmes thought it was just awful that someone who appears on a “news network” like Ratigan would openly show support for the Wall Street protesters, also defended the firing of Lisa Simeone from NPR for openly advocating for the protesters as well. So much for free speech. James Fallows at The Atlantic has more on that here as well . They also discussed the AstroTurf “tea party” being openly supported by pundits over at Fox “News”, but what was missing here was any mention whatsoever of the fact that CNN was every bit as big of a cheerleader for that “movement” as anyone at Fox was. They sent their reporters to be embedded on their buses and if you had twenty of these people showing up anywhere, there were CNN reporters there to cover it and make sure those protests or town hall meetings made it into the national spotlight. And what other network besides CNN has allowed the “tea party” to co-host their presidential primary debates? None. But they’re going to talk about Fox supporting them as though that happened in a vacuum and their network wasn’t participating in propping up that Koch brothers, FreedomWorks, Dick Armey, and friends corporate sponsored fiasco as well. Matt Taibbi responded to the recent dust-up over the hacked emails from himself, Ratigan and others at his Rolling Stone blog here — Why Rush Limbaugh Is Freaking Out About Occupy Wall Street . Full transcript below the fold. KURTZ: The media coverage has intensified since the “Occupy Wall Street” protests have gone global. And there have been more clashes with police. A hundred people arrested last night in Chicago. But the carping by conservative commentators and surely by some liberal types makes you wonder whether they’re looking at the same demonstrators. (BEGIN VIDEO CLIP) BILL O’REILLY, FOX NEWS: These people — they’re not winning and they’re not going to win. They’re loons. ED SCHULTZ, MSNBC: My Virginia public school education tells me the 99 percent movement is twice as popular as the nut jobs in the Tea Party. ERIC BOLLING, FOX NEWS: These communist, Nazi — BOB BECKEL, FOX NEWS: I haven’t called the Tea Party people fascists. BOLLING: — pot smoking, sex addicted morons. And you compared them to the Tea Party? (LAUGHTER) KURTZ: Let’s keep the debate on this high level, shall we? Dana Milbank, you went down to the protests here in D.C. When you look at those kinds clips, are the lefty pundits and righty pundits projecting their views on these Wall Street protesters, almost like a war shock test? MILBANK: I’m insulted you came to me immediately after sex- addicted morons. But, yes. I mean, they are. This is exactly, look, we’re seeing a mirror image of the complaints from the left about the Tea Party and sort of the fueling by FOX News on the right. Now, we’re seeing the exact same thing happen on the other side. The complaints, they’re not saying it’s Astroturf. They’re saying — they have other insults for it, and we’re seeing the same sort of behaviors at MSNBC. KURTZ: Now, Amy Holmes, you went to the demonstrations in New York. Are the mainstream media treating “Occupy Wall Street” a bit more sympathetically than they did the Tea Party? HOLMES: I think they are at GBTV, if I can give us a plug, we have been following, you know, who is behind this, who is funding it, where do these beautifully produced, you know, sort of faux newspapers come from. So, I notice that haven’t gotten coverage, you see this hodge-podge of leftist causes and posters, seem that don’t make sense, people doing some customs and it’s pretty right down there, that you don’t see any representation or any representative from feminist causes, which surprised me. No wage gap ceiling, not talk about women if they were bankers, maybe Wall Street would be a friend leer place. And now, we’re getting reports of sexual assaults there, and the “Occupy Wall Street” protesters are advising people not to go to the police. KURTZ: OK. You know, there’s a pretty good story in “The Washington Post” this morning about interviewing both Wall Street protesters and Tea Party protesters. But I think the challenge for journalists, Terry, is figuring out what the protesters want because there’s no established leadership. And it’s easy to focus on a few crazy people with signs or people who are engaging in appropriate behavior. But it’s harder to make judgments on the movement as a whole. SMITH: I think that’s right. And actually I think mainstream media were slow to pick up on this story. It is a phenomenon that has gone global. I went down to the demonstration in Freedom Square here in Washington and looked at this rather benign scene to tell you the truth. But this is — I mean, this is a phenomenon. And if it’s unformed and if the issues are ill-defined, it’s still worthy of substantial reporting. And the commentary will come at it from two directions. But I think it’s a phenomenon that will get more attention, not less. KURTZ: And speaking of mainstream media, some people will actually have some involvement with the “Occupy Wall Street” protesters. One of them is Lisa Simeone, the host of a show called “The World of Opera,” that was distributed by National Public Radio. NPR is now dropping distribution of it. It was distributed by someone else. And she had no documentary show she was fired from because Lisa Simeone also serving as an “Occupy Wall Street” spokesperson. Does that overlap? HOLMES: Well, two key points here when I read about her getting fired. First, she was fired from the show, not by NPR. KURTZ: Right. HOLMES: NPR distributes the show. KURTZ: Right. HOLMES: And I think the key point here was because a programming director complained and as someone from the radio world, you listen to your programming directors because they’re the ones making decision whether or not you’ll be on the air. Secondly, NPR is in the middle of a fund-raising drive. So, they certainly don’t want this when they’re asking listeners for money. KURTZ: On “The Opera Show,” Simeone had a great quote. She says, “What is NPR afraid I’ll do — insert a seditious comment into synopsis of Madame Butterfly?” But on the other hand MILBANK: That’s right. But if that person — excuse me — at “The Washington Post” had done the same thing, I think there may have been a similar reaction. KURTZ: Even if it was a music critic? MILBANK: Yes, because that’s the policy. And NPR has a big target on it right now because of mistakes they made in the past. So, they overreacted to Juan Williams, they’re going to overreact to a lot of things because of the target. SMITH: You know, it’s worth pointing out she was also an anchor on the weekend edition before on NPR. In other words, if you’re on an organization that presents news, whether you’re doing it that moment or not, steer clear of this sort of thing. KURTZ: Setting me up for the next question about MSNBC anchor Dylan Ratigan who has spoken frequently on the air with some sympathy for the Wall Street protesters. Let me show you a clip and we’ll have the question on the other side. (BEGIN VIDEO CLIP) DYLAN RATIGAN, MSNBC ANCHOR: I was there after the 700 arrests on the Brooklyn Bridge. And the energy that night at the general assembly that Tim was just talking about was loving and warm and more courageous, more resolute. (END VIDEO CLIP) KURTZ: So there’s some leaked E-mails, Terry, obtained by the conservative side of the government in which Dylan Ratigan is obviously helping to shape the message. Here’s one for him to focus on, simple shared principles and unique strength. And here’s another E-mail from another person saying, “Here it is, a statement the group is going to put out with Dylan suggesting revisions the ending needs smoothing out. Is that troubling? SMITH: Totally inappropriate. Absolutely wrong and not new. Journalists have fallen into the trap of telling politicians how to shape their message, now protesters how to shape their message. It is a big mistake. They shouldn’t do it. It is crossing the line. KURTZ: But this is – you know, it’s one thing if you want to go on the air and say, “Look, I have been talking to these people, and here is my advice.” This is behind the scenes. It’s not something MSNBC would know anything about. MILBANK: But this is the world we live in now. So I don’t think – you may not like it. Nobody should be surprised by it. And this sort of thing goes on. The line has been blurred between activism and between journalism. I mean, I suppose if we’re going to look at gradations and, you know, shades of gray here, it is perhaps better to be fomenting a movement like “Occupy Wall Street” or the Tea Party event actually getting in and helping a political candidate. So – HOLMES: I think it is very problematic, and Fox had a flare-up where one of their executives was advising the Bush campaign. That person was fired. But we do see – KURTZ: Advising? HOLMES: I believe so. There were e-mails going back and forth. What we do see this blurring, and here at CNN, James Carville and Paul Begala, it was reported, were having morning phone conversation with Rahm Emanuel when he was chief of staff. KURTZ: Which they say were friendly calls, but both of them – look, the people who are outside contributors – they help parties raise money – HOLMES: You can say that about this host Simeone, that she said she was an independent person with an independent show being distributed by NPR. So why should she have to – KURTZ: But here in the case of Dylan Ratigan, we have a guy who is a host, who is on everyday at 4:00 in the afternoon, part of MSNBC corporate family, who was involved in E-mails with a group that he is covering. Would the media coverage – we’re running a little short of time here – have been different if this had been a host at Fox News having E-mails with the tea party? HOLMES: Absolutely. Absolutely. SMITH: The only defense is that he is commentator, really, and entertainer, not news deliverer, and that’s not much of a defense. HOLMES: But how can you ever hope to have, you know, somebody regarded as fair when he has a politician, someone is running for office, that they’re going to have fair sit-downs. KURTZ: I don’t see him as an entertainer at all and I think it is a mistake as well. Amy Holmes, Dana Milbank and Terrence Smith, thanks for stopping by this morning.

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Daily Kos Week in Review: Marauding Savages

As President Obama's re-election campaign gathers steam, Kossacks are setting aside most of their intramural disputes

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Police spy tricked lover with activist ‘cover story’

Bob Lambert used false identity in 1980s to infiltrate protest movements while working for Metropolitan police special branch A former police spymaster who spent years living deep undercover in the protest movement has confessed he tricked an innocent woman into having a long-term relationship with him, as part of an elaborate attempt to lend “credibility” to his alter ego. Bob Lambert, who adopted a false identity to infiltrate leftwing and animal rights groups, said he had the 18-month relationship with the woman, who was not herself involved in political activism, as part of his cover story. The Guardian has detailed the cases of seven undercover police officers known to have infiltrated protest movements, mostly in the past decade. Of those, five have had sexual relationships with women who were oblivious to their real identities. Lambert, who became an academic after a 26-year career in the special branch of the Metropolitan police, made the admission after the Guardian contacted him about their relationship. In a statement, he offered an “unreserved apology” to the woman, who does not want her identity to be revealed, and said he was also sorry for deceiving “law-abiding members of London Greenpeace,” a peaceful protest group. His former partner, who recently discovered the long-haired political activist she had the relationship with in the 1980s was actually an undercover police officer, said she felt “violated” by the experience. “I was cruelly tricked and it has made me very angry,” the woman said. “I am actually quite damaged by the whole thing. I am still not over it.” Police chiefs have claimed that officers who spy on protesters are not permitted “under any circumstances” to sleep with activists. But police spies are known to have been having relationships with activists as recently as last year, as part of a secret police operation to monitor political activists that has been in place since the late 1960s. In most cases, the police officers developed long-term relationships and their subsequent disappearance left women feeling traumatised and angry. They include Mark Kennedy, who spent seven years living undercover in Nottingham as environmental campaigner “Mark Stone”. Another undercover police officer, Peter Black, said sex was a widely used “tool” to gain the trust of activists when he was deployed in the 1990s. The woman duped by Lambert said their relationship came to an end more than 20 years ago after the man she knew as “Bob Robinson” vanished from her life, claiming to be in hiding from special branch. Lambert was, in fact, a special branch detective and would go on to rise through the ranks of the covert unit to a position in which he managed the deployments of several other spies. Lambert is currently subject to a Metropolitan police review into whether he was prosecuted in a court using his false identity. The force is considering whether to refer his case to the Independent Police Complaints Commission (IPCC). On Friday, the Met referred the case of another undercover officer, Jim Boyling, to the IPCC, after evidence emerged that he posed as a defendant using his false identity in another court case. After living undercover himself, Lambert went on to manage Boyling, who infiltrated environmental campaign groups and ended up marrying an activist he was sent to spy on and fathering two children with her. Lambert and Boyling later worked for the Met’s Muslim contact unit, which was created to improve relations with Muslims after the 11 September 2001 attacks. Now an outspoken critic of the government’s counter-terrorism strategy, Lambert has strongly denied the suggestion that the unit he set up was involved in surveillance of the Muslim community. Lambert said his undercover role in the 1980s was part of a secret infiltration of the Animal Liberation Front, which was involved in a fire-bombing campaign at the time. “As part of my cover story, so as to gain the necessary credibility to become involved in serious crime, I first built a reputation as a committed member of London Greenpeace, a peaceful campaigning group,” he said in a statement to fellow anti-Islamophobia campaigners at the Spinwatch transparency campaign. “I apologise unreservedly for the deception I therefore practiced on law abiding members of London Greenpeace. “I also apologise unreservedly for forming false friendships with law abiding citizens and in particular forming a long-term relationship with [the woman] who had every reason to think I was a committed animal rights activist and a genuine London Greenpeace campaigner.” It is not clear why Lambert chose the woman as part of his cover story. He added: “I should point out here that the vast majority of Met special branch undercover officers never made the mistakes I made, have no need to apologise for anything, and I deeply regret having tarnished their illustrious, professional reputation.” Lambert could be questioned by officials from HM Inspectorate of Constabulary, which is conducting a review into undercover policing of protest. The review – one of nine disciplinary and judicial inquiries into the controversy in undercover policing – was initially conducted by Bernard Hogan-Howe before he took his post as Met commissioner. The planned publication of his report, which had been expected to reject calls for more robust oversight of the use of undercover police officers, was abandoned on Wednesday, hours after the Guardian and BBC Newsnight revealed evidence undercover officers may have been lying in court. Metropolitan police Police Independent Police Complaints Commission Mark Kennedy Greenpeace Activism London Paul Lewis Rob Evans guardian.co.uk

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Police spy tricked lover with activist ‘cover story’

Bob Lambert used false identity in 1980s to infiltrate protest movements while working for Metropolitan police special branch A former police spymaster who spent years living deep undercover in the protest movement has confessed he tricked an innocent woman into having a long-term relationship with him, as part of an elaborate attempt to lend “credibility” to his alter ego. Bob Lambert, who adopted a false identity to infiltrate leftwing and animal rights groups, said he had the 18-month relationship with the woman, who was not herself involved in political activism, as part of his cover story. The Guardian has detailed the cases of seven undercover police officers known to have infiltrated protest movements, mostly in the past decade. Of those, five have had sexual relationships with women who were oblivious to their real identities. Lambert, who became an academic after a 26-year career in the special branch of the Metropolitan police, made the admission after the Guardian contacted him about their relationship. In a statement, he offered an “unreserved apology” to the woman, who does not want her identity to be revealed, and said he was also sorry for deceiving “law-abiding members of London Greenpeace,” a peaceful protest group. His former partner, who recently discovered the long-haired political activist she had the relationship with in the 1980s was actually an undercover police officer, said she felt “violated” by the experience. “I was cruelly tricked and it has made me very angry,” the woman said. “I am actually quite damaged by the whole thing. I am still not over it.” Police chiefs have claimed that officers who spy on protesters are not permitted “under any circumstances” to sleep with activists. But police spies are known to have been having relationships with activists as recently as last year, as part of a secret police operation to monitor political activists that has been in place since the late 1960s. In most cases, the police officers developed long-term relationships and their subsequent disappearance left women feeling traumatised and angry. They include Mark Kennedy, who spent seven years living undercover in Nottingham as environmental campaigner “Mark Stone”. Another undercover police officer, Peter Black, said sex was a widely used “tool” to gain the trust of activists when he was deployed in the 1990s. The woman duped by Lambert said their relationship came to an end more than 20 years ago after the man she knew as “Bob Robinson” vanished from her life, claiming to be in hiding from special branch. Lambert was, in fact, a special branch detective and would go on to rise through the ranks of the covert unit to a position in which he managed the deployments of several other spies. Lambert is currently subject to a Metropolitan police review into whether he was prosecuted in a court using his false identity. The force is considering whether to refer his case to the Independent Police Complaints Commission (IPCC). On Friday, the Met referred the case of another undercover officer, Jim Boyling, to the IPCC, after evidence emerged that he posed as a defendant using his false identity in another court case. After living undercover himself, Lambert went on to manage Boyling, who infiltrated environmental campaign groups and ended up marrying an activist he was sent to spy on and fathering two children with her. Lambert and Boyling later worked for the Met’s Muslim contact unit, which was created to improve relations with Muslims after the 11 September 2001 attacks. Now an outspoken critic of the government’s counter-terrorism strategy, Lambert has strongly denied the suggestion that the unit he set up was involved in surveillance of the Muslim community. Lambert said his undercover role in the 1980s was part of a secret infiltration of the Animal Liberation Front, which was involved in a fire-bombing campaign at the time. “As part of my cover story, so as to gain the necessary credibility to become involved in serious crime, I first built a reputation as a committed member of London Greenpeace, a peaceful campaigning group,” he said in a statement to fellow anti-Islamophobia campaigners at the Spinwatch transparency campaign. “I apologise unreservedly for the deception I therefore practiced on law abiding members of London Greenpeace. “I also apologise unreservedly for forming false friendships with law abiding citizens and in particular forming a long-term relationship with [the woman] who had every reason to think I was a committed animal rights activist and a genuine London Greenpeace campaigner.” It is not clear why Lambert chose the woman as part of his cover story. He added: “I should point out here that the vast majority of Met special branch undercover officers never made the mistakes I made, have no need to apologise for anything, and I deeply regret having tarnished their illustrious, professional reputation.” Lambert could be questioned by officials from HM Inspectorate of Constabulary, which is conducting a review into undercover policing of protest. The review – one of nine disciplinary and judicial inquiries into the controversy in undercover policing – was initially conducted by Bernard Hogan-Howe before he took his post as Met commissioner. The planned publication of his report, which had been expected to reject calls for more robust oversight of the use of undercover police officers, was abandoned on Wednesday, hours after the Guardian and BBC Newsnight revealed evidence undercover officers may have been lying in court. Metropolitan police Police Independent Police Complaints Commission Mark Kennedy Greenpeace Activism London Paul Lewis Rob Evans guardian.co.uk

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Nicolas Sarkozy tells David Cameron: shut up over the euro

• Anglo-French row holds up EU summit • PM braced for biggest Commons revolt David Cameron has begun a week of intense political infighting over Europe by becoming embroiled in a furious row with Nicolas Sarkozy over Britain’s role in talks to solve the crisis enveloping the euro. The bust-up between Cameron and Sarkozy held up the conclusion of the EU-27 summit for almost two hours, with the French president expressing rage at the constant criticism and lectures from UK ministers. Sarkozy bluntly told Cameron: “You have lost a good opportunity to shut up.” He added: “We are sick of you criticising us and telling us what to do. You say you hate the euro and now you want to interfere in our meetings.” The prime minister has torn up his travel plans this week – a move urged on him by Labour leader Ed Miliband in a Guardian interview on Saturday – to attend an emergency heads of state meeting on Wednesday, and has demanded that all 27 EU countries be given the final say over measures to prevent the eurozone’s sovereign debt crisis spreading and Europe sliding into deep recession. On Monday the prime minister is facing both the largest Commons revolt of his premiership and the largest rebellion of eurosceptics suffered by a Conservative prime minister when parliament votes on whether the UK should have a referendum on Europe. Cameron will meet parliamentary aides in Downing Street before the vote in an attempt to dissuade as many as 10 members of the government minded to rebel against the prime minister, requiring them to resign their posts. The government is sticking to its decision to impose a three-line whip on MPs to vote against the motion despite criticism it has been too heavy-handed. Officials who witnessed the angry exchanges between Cameron and Sarkozy said the prime minister insisted that the package to be adopted on Wednesday by the 17 eurozone countries had serious implications for non-euro countries in the EU and their interests must be safeguarded. Eventually, after what Donald Tusk, the Polish prime minister, who chaired the summit, called a “stormy” discussion, the French president secured an agreement that all 27 leaders will first debate the three-pronged package of measures to recapitalise banks, build up the bailout find and write down Greek debt, but then the eurosummit would have the final say at back-to-back summits on Wednesday. Cameron, however, got his fellow leaders to insert into the final communique recognition that laws on the single market must be upheld and a level playing field safeguarded for countries not in the euro. He later brushed aside the divisions, saying that what mattered was that markets regain confidence that the eurozone is preventing contagion from the Greek debt crisis. The vote in parliament on Monday will be a testy encounter with his own party on Britain’s membership of the EU. The vote calls for a nationwide referendum on whether Britain should leave the EU, renegotiate its treaty with Brussels, or remain a member on current terms. The government will not suffer a defeat, since Labour and the Lib Dems will vote down the motion, but a voluble and sizeable group believe the prime minister should honour pledges once made to allow a national poll on Britain’s relationship with Europe. They would like the repatriation of social and employment rights. On Sunday in Brussels, Cameron used a press conference to appeal directly to potential rebels, talking up the chance of repatriating powers with the “possibility” of treaty change coming on to the agenda as early as December, as euro countries push towards fiscal integration. He claimed he had proved his ability last year to “exact” a good price when he agreed an EU treaty change that created a new mechanism for bailing out troubled eurozone countries but exempted Britain from having to pay for bailouts from 2013. It is not clear if this would trigger the government’s stated commitment to a referendum because it is due to stage a vote only if new powers are transferred from Westminster to Brussels, and any change by Cameron would be likely to do the reverse. “If there is a treaty change, that gives Britain an opportunity,” Cameron said. “Treaty change can only happen if it is agreed by all the 27 member states of the European Union. “Any treaty change – as the last treaty change did – is an opportunity for Britain to advance our national interest. The last limited treaty change which brought about the European stability mechanism gave us the opportunity to get out of the euro bailout fund that the last government opted into.” Cameron said: “I’ve also argued that this crisis means that greater fiscal and economic integration of the eurozone is inevitable. But this must not be at the expense of Britain’s national interest. So I’ve secured a commitment today, which will be in the council’s conclusions, that we must safeguard the interests of countries that want to stay outside of the euro, particularly with respect to the integrity of the single market for all 27 countries of the EU. Academics at Nottingham University predict the number rebelling against the government is likely to top the 41 Conservative MPs who voted against John Major in May 1993 on the third reading of the Maastricht bill – the biggest backbench rebellion for a Tory PM on Europe on whipped business. They also said 41 was the number who rebelled in October last year over an attempt to make using insulting language a criminal act, which was then the biggest rebellion of Cameron’s premiership. The two sides in the referendum battle fortified their positions, with government ministers defending the decision to impose a three-line whip on the vote brought to the Commons by a petition. The defence secretary, Philip Hammond, said the whip had been put in place because the motion was contrary to government policy and holding a referendum on the EU would be “just a distraction”. The former Conservative leader Lord Howard also weighed in, saying that an EU referendum would be a mistake in current conditions. The former foreign secretary Sir Malcolm Rifkind said he believed a vote for a referendum would make Britain a “laughing stock”. But Cameron faces the likely resignations of some parliamentary aides to ministers and rebellion by the chairman of the 1922 committee, Graham Brady. Lord Tebbit suggested that “not even Ted Heath faced the chairman of the 1922 voting against him”. The number rebelling could hit 90 if the 68 who signed up to the original amendment tabled by the MP for Bury North, David Nuttall combine with another 33 who have signed compromise amendments which ministers say also run counter to government policy. Nuttall would commit the government to holding a referendum by May 2013 but would give the public three options – keeping the status quo, leaving the EU or reforming the terms of the UK’s membership. An amendment from George Eustice, a new but influential MP who used to work for Cameron, calls on the coalition to publish a white paper in the next two years setting out which powers ministers would repatriate from Brussels. The government would then renegotiate the UK’s relationship with the EU and hold a referendum on the outcome. Some names on Eustice’s list may have signed up in the brief window when they thought Eustice’s amendment would come to be adopted by the government as a way of the party high command giving backbenchers a compromise to vote through.The Commons speaker John Bercow may however choose not to call Eustice’s amendment. European Union David Cameron Euro European debt crisis Foreign policy Nicolas Sarkozy House of Commons Allegra Stratton David Gow guardian.co.uk

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