Foreign Companies Use Trade Agreements To Attack US Law. I’m Not Making This Up.

President Obama says progressives who warn that trade laws let corporations overrule U.S. law are “making this stuff up.” Two attacks on U.S. laws and regulations are underway right now, illustrating how the “corporate courts” provisions in the Trans-Pacific Partnership (TPP) would open our country up to attacks from foreign corporations.

“They’re making this stuff up.”

Sen. Elizabeth Warren, legal scholars and others have been sounding the alarm about the Investor-State Dispute Settlement (ISDS) provisions that have leaked to the public from the secret TPP negotiations. They are warning that the ISDS provisions, as the New York Times put it, “would allow foreign corporations to sue the United States government for actions that undermine their investment ‘expectations’ and hurt their business, according to a classified document.”

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Obama’s Anti-Populist Attack On Warren On Trade

As the Senate begins consideration today of the “fast track” trade promotion authority for the Trans-Pacific Partnership, President Obama says that Sen. Elizabeth Warren is expressing concerns because she is “a politician.”

The president’s statement demeaning what Warren (D-Mass.) is saying as just what politicians say makes it seem that he thinks that listening to constituents and doing that they want (a.k.a. “representative democracy”) is a bad thing. But Warren and almost every other Democrat have come to understand that trade agreements that send American jobs out of the country – and the fast track process that is used to push them through – have become core issues that could trigger severe public reaction. This Fast Track vote is politically the third-rail equivalent of the 2002 vote to authorize Bush to invade Iraq.

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Senate Fast Track Vote Tuesday – Where Is Clinton?

Senate Majority Leader Mitch McConnell has scheduled the voting process for trade promotion authority, commonly known as “fast track,” to begin as early as Tuesday. If passed, fast track prohibits the Congress from amending trade agreements no matter what problems might show up, requires these agreements to be voted on within 90 days, limits the debate Congress is allowed and prohibits filibusters.

Passing fast track will essentially pre-approve the secret Trans-Pacific Partnership (TPP) “trade” agreement before the public gets a chance to know what is in it, as well as future trade deals regardless of who is president or what the rigged, corporate-dominated negotiating process produces.

With a vote coming as soon as Tuesday, presidential candidate Hillary Clinton has not yet spoken out for or against fast track.

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Obama To Visit Nike To Promote TPP. Wait, NIKE? Really?

President Obama is scheduled to visit Nike’s Oregon headquarters on Friday to promote the Trans-Pacific Partnership (TPP). Yes, Nike – a company that grew to billions by outsourcing jobs to overseas sweatshops, a company that sets up P.O.-box subsidiaries in tax havens to avoid paying U.S. taxes, a company that uses threats to extort tax breaks from its “home” state.

Phil Knight, head of Nike, is now worth $23 billion because America’s trade policies encourage companies like Nike to create and move jobs outside of the U.S. The 23rd-richest American is one more symbol of the kind of inequality that results from outsourcing enabled and encouraged by these trade policies. Workers here lose (or never get) jobs; workers there are paid squat; a few people become vastly, unimaginably wealthy.

Meanwhile Massachusetts-based New Balance struggles to manufacture its athletic footwear in the U.S. TPP will remove tariffs on imported Vietnamese and Malaysian shoes, benefiting Nike and wiping out New Balance’s efforts to maintain its manufacturing here.

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Trade Deficit = Slower Economy = Fewer Jobs = Baltimore

Free Trade at Last, an OtherWords cartoon by Khalil BendibKhalil Bendib/OtherWords

If you make things and sell them, you do better over time than if you borrow to buy things. If you send jobs and factories out of the country, you end up with devastated cities like Baltimore.

Sure, a few people get rich from that, but 99 percent of us get poorer. How hard is it to see that?

You may have heard that gross domestic product growth was dismal in the last quarter. You may have heard that there were riots in Baltimore. You may not have heard that these are both at least partly caused by our enormous, humongous and continuing trade deficit.

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Death To Pensions – Video

From AFSCME:

ENRON BILLIONAIRE ARNOLD HAS A PROBLEM WITH LIBRARIANS’ PENSIONS
Former Enron trader and hedge fund billionaire John Arnold is launching a multimillion dollar national PR campaign attacking the hard-earned pensions of public sector workers. Arnold has already quietly poured tens of millions of dollars into his efforts to persuade politicians to reduce middle class retirement security and now it looks like he may really just be getting started.

How TPP Increases Corporate Power vs. Government – And Us

Power is the ability to control, to tell what to do, to get your way. Corporations have a lot of power over working people in our country now, and they might be about to get a lot more.

The proponents of the Trans-Pacific Partnership (TPP) tell us that it will have unprecedented “progressive” protections for the rights of working people, the environment, even wildlife. So there is likely to be flowery-sounding language in TPP, just as President Obama says.

What matters is whether there will be clear and guaranteed enforceability of those words.

Enforcement Matters

Rules are great; enforcement is greater. Without enforcement, a rule may as well not exist – especially when everyone knows there is not enforcement.

We see rules with no enforcement all around us. Here’s an obvious example. Right now several obvious presidential candidates say they aren’t candidates so they can get around rules about contribution limits to their campaigns and coordination with super PACs. The Federal Election Commission is not enforcing the rules that say candidates can’t do this. These candidates know there is no enforcement and thus continue to violate the rules.

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A Look At The Fast Track Bill Shows It’s The Wrong Thing To Do

The “fast track” trade promotion authority bill has been introduced in the Senate. Article 1, Section 8 of the Constitution says, “The Congress shall have power to … regulate commerce with foreign nations.” But under fast track, Congress relinquishes that power and agrees to pass trade bills brought to them by the executive branch in a very short time frame with little debate and without making any changes should any problems present themselves.

Though it was announced that this year’s fast track bill was the result of a “deal” between Sens. Ron Wyden (D-Ore.) and Orrin Hatch (R-Utah) the 2015 bill is nearly identical to the 2014 bill that died in Congress without support for a vote. See this side-by-side comparison from Rep. Sander Levin of the House Ways and Means Committee. It is unclear from this comparison why the “negotiations” between Hatch and Wyden took so long, and what Wyden got that enabled him to put his name on it, enabling the bill to be sold as “bipartisan.”

Fast Track Sets Aside Normal Procedure

Congress does not set aside normal procedure, debate, the ability to fix problems that turn up and agree to vote within 90 days except for trade agreements – even though trade agreements have now proven to have such a tremendous and often detrimental effect on our economy, jobs, wages and inequality. Where did the idea to do this come from? According to Public Citizen, this unusual procedure was “initially created by President Richard Nixon to get around public debate and congressional oversight.”

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The Fast Track Fight Begins In The Senate

The final fight to stop fast track begins this week. The new trade promotion authority (“fast track”) bill could be released in the Senate at any moment. (It might be out by the time you read this.)

Hatch and Wyden Poised to Introduce Bill

With literally zero reporting from the national TV networks and a virtual news blackout at most newspapers around the country, at least Politico sets the stage for insiders in their report, “Trade fight looms as Congress returns“:

Senate Finance Committee leaders Orrin Hatch and Ron Wyden appear poised to introduce a “fast track” trade promotion authority bill along with House Ways and Means Committee Chairman Paul Ryan. But months of closed-door negotiations were continuing on Friday, congressional aides said.

The power, largely embraced by Republicans, pits many congressional Democrats, including Sen. Elizabeth Warren and potentially Senate Democratic leader-in-waiting Charles Schumer, against the White House.

The measure would allow President Barack Obama to submit free trade agreements to Congress for straight up or down votes without any amendments. It’s seen as key to completing his signature 12-country trade deal known as the Trans-Pacific Partnership pact.

Fast track is, in essence, congressional pre-approval of the Trans-Pacific Partnership (TPP) trade agreement. With fast track Congress agrees to give up its much of constitutional duty to define negotiating objectives, carefully deliberate and debate, and fix problems that might turn up. With fast track rendering Congress unable to fix flaws, even if any problems do turn up that might seriously hurt the country or our economy, a vote on the trade agreement will occur under the enormous pressure of the media blasting, “surely they won’t just kill the whole thing over a few problems.”

The idea is that allowing Congress (democratic government) to “meddle” will get in the way and keep other (non-democratic) countries from “making their best offers.” Congress is considering this pre-approval of TPP and future trade agreements even though the national news media is not reporting on fast track or TPP, and Congress and the public haven’t yet even seen the agreement (never mind had time to analyze it and consider its ramifications).

Week Of Action

The AFL-CIO is organizing a “Week of Action Against Fast Tracking Trade Deals.”

On Wednesday at 11 am in Washington D.C.’s Upper Senate Park, more than 600 union members will rally at an event organized by the United Steelworkers (USW) on Capitol Hill. The rally will feature Senators Sherrod Brown (D-Ohio) and Al Franken (D-Minn.), Representatives Rosa DeLauro (D-Conn.) and Keith Ellison (D-Minn.), USW President Leo Gerard, AFL-CIO Executive VP Tefere Gebre, AFGE President J. David Cox, National Association of Letter Carriers President Fred Rolando, American Federation of Teachers Secretary-Treasurer Loretta Johnson, and Sierra Club National Campaign Director Debbie Sease.

On Saturday, the AFL-CIO and its member unions are organizing over 50 events throughout the country in conjunction with hundreds of events planned as part of the global day of action in over a dozen countries.

Click here to find an event or to organize an event.

A Monday story in The Hill, “Labor unions ramp up opposition to Obama trade agenda,” has more on the Week of Action:

Lawmakers, labor union leaders and their members will hold a rally Wednesday on Capitol Hill and follow that up with 50 grassroots events around the country and in more than a dozen countries on Saturday as part of the weeklong effort. …

The efforts include letter-writing campaigns, phone calls, petitions and door-knocks.

Meanwhile CREDO and other organizations are petitioning to ask presidential candidate Hillary Clinton to lead the opposition to fast track and TPP.

Don’t Trade Our Future Demonstration April 20

There will also be a “Don’t Trade Our Future” demonstration on April 20, the final day of the Populism2015 Conference in Washington, which is sponsored by the Campaign for America’s Future (CAF), National People’s Action (NPA), USAction and the Alliance for a Just Society. People will assemble at 11:30 a.m. at AFL-CIO headquarters at 815 16th Street NW, and will march first to the headquarters of the Chamber of Commerce and then to the U.S. Trade Representative’s office. They are urging Congress to vote down fast track.

Sen. Bernie Sanders (I-Vt.), columnist Jim Hightower and Communication Workers of America (CWA) President Larry Cohen will address the demonstration.

Public Against More Job-Killing Trade Agreements

As the fast track fight enters the Congress, polls show that politicians will take a great risk by voting for fast track or TPP legislation. For example, one recent poll shows one senator’s vote for fast track could bring a primary opponent. The Huffington Post reported in February in, “Secretive Trade Deal Could Pose Problems At Home For Ron Wyden,”

“Half of the Oregon voters polled said they would be less likely to vote for Wyden in 2016 if he joins Republicans to approve the Trans-Pacific Partnership, a massive trade deal between the United States and countries in the Asia-Pacific region, as well as fast-track authority, which Obama is seeking in order to get TPP and other trade deals through Congress without amendments or filibusters.”

Other polling shows that public sentiment against trade deals and fast track is strong. One poll in January 2014 shows the breadth of public opposition,

By more than two to one, voters say they oppose (62%) rather than favor passage of fast-track negotiating authority for the TPP deal. Among those with a strong opinion, the ratio climbs to more than three to one (43% strongly opposed, just 12% strongly favorable). Demographically, opposition is very broad, with no more than one-third of voters in any region of the country or in any age cohort favoring fast track. Sixty percent (60%) of voters with household incomes under $50,000 oppose fast track, as do 65% of those with incomes over $100,000.

… Republicans overwhelmingly oppose giving fast-track authority to the president (8% in favor, 87% opposed), as do independents (20%-66%), while a narrow majority (52%) of Democrats are in favor (35% opposed).

People believe our trade agreements destroy jobs and lower wages. In a September 2014 Pew Poll, Americans say “trade” generally is good, but only 20 percent say it creates jobs while 50 percent say it destroys jobs, and 17 percent say it raises wages while 45 percent say it lowers wages.

This can have election consequences. In an April 2014 NBC News/Wall Street Journal poll a plurality of Americans said they would support “a candidate who says that free trade with other countries will mainly be negative for America because it will cause the loss of U.S. jobs to other countries, which will hurt wages and jobs here.”

Resources

So it appears that the battle will be in the Senate this week. Here are some resources to visit.

The Stop Fast Track coalition website, stopfasttrack.org.

Expose the TPP.

Flush the TPP!

Stop TPP.

CWA’s TPP info.

10 Ways the TPP Would Hurt U.S. Working Families

Global Trade Watch.

Eyes on Trade and 50 Reasons We Cannot Afford the TPP.

Real Progressive Coalition for American Jobs. (“Every U.S. labor union and almost 600 environmental, consumer, faith, family farm, civil rights, seniors, LGBT and other civil society organizations opposed Fast Track. This is the REAL Progressive Coalition for American Jobs.”)

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This post originally appeared at Campaign for America’s Future (CAF) at their Blog for OurFuture. I am a Fellow with CAF. Sign up here for the CAF daily summary and/or for the Progress Breakfast.

As Fast Track/TPP Becomes New Third Rail, Where Is Clinton?

The Trans-Pacific Partnership (TPP) — and the rigged “Fast Track” process designed to pass it before the public has a chance to react — has become a new “third rail” for progressives and the activist Democratic “base.” (This is also true on the right, by the way.)

This game-rigging is creating a race to the bottom for people and the planet. The thing is: more and more people are seeing it. And more and more people are asking Hillary Clinton to lead the fight against it.

A Rigged Game

People are fed up with the rigged “trade” game that pits American wages, environmental regulations, consumer protections and other benefits of democracy against exploitative, paid-off, non-democracies. “Free trade” has made democracy’s good wages and environmental and safety protections into a competitive disadvantage in world markets.

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How Our Trade Policies Kill Jobs

Trade is great. We all trade. A lot of us trade labor for money that buys other things. A farmer trades corn for money that buys other things, and so on. No one is “against trade.”

But is anything called “trade” always good for all involved? Imagine you’re a farmer and you make a deal to trade corn and wheat to get money for a new tractor. So the farmer orders a new tractor, but the “trade partner” never buys any corn or wheat. After a while the “trade partner” shows up with a big bill, saying the farmer owes money for the tractor. And then the farmer finds out that the “trade partner” plans to use the proceeds from the sale of the tractor to grow their own corn.

In modern terms, we would say that the farmer was “running a trade deficit.” How much damage do you think that “trade deficit” is doing to that farmer, and the farmer’s ability to make a living in the future? How long do you think that farmer would let that “trade agreement” continue?

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Anti-Fast-Track Momentum Builds

Opponents of fast track and the Trans-Pacific Partnership (TPP) are gaining momentum. In spite of a virtual media blackout, public awareness of the coming trade deal is increasing.

More and more public-interest organizations are organizing and denouncing the rigged fast-track approval process and TPP trade agreement. One after another, members of Congress are announcing opposition to fast track and demanding that trade problems like currency manipulation be covered by the TPP agreement.

Meanwhile, the expected fast track bill has been delayed again.

Fast Track “Stuck”

Fast track is a process under which Congress agrees to bypass its duty to define, consider, debate and approve trade deals. Fast track limits discussion and debate and gives Congress only 90 days in which to bring the deal up for a vote. It is a rigged process designed to ensure that the Trans-Pacific Partnership (TPP) trade agreement, the “history’s largest trade deal“, is pushed through Congress before the public has time to fully analyze, understand and consider its ramifications and organize opposition if opposition is warranted.

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