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OpEdNews Op Eds    H1'ed 8/14/13

The Trans-Pacific Partnership is not about free trade. It's a corporate coup d'etat -- against us!

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Banksters... Wall Street and the financial giants in other TPP countries would make out like bandits: The deal explicitly prohibits transaction taxes (such as the proposed Robin Hood Tax here) that would shut down super-rich speculators who have repeatedly triggered financial crises and economic crashes around the world; it restricts "firewall" reforms that separate consumer banking from risky investment banking (thus prohibiting Congress from reinstating the much needed Glass-Steagall firewall in our country); it could roll back reforms that governments adopted to fix the extreme bank-deregulation regimen that caused Wall Street's 2007 crash; and it provides a backdoor escape from national rules that would limit the size of "too-big-to-fail" behemoths. These extreme provisions would be enforceable by the banks themselves -- TPP empowers them to force governments either to repeal reform laws or to compensate banks with taxpayer money for "losses" they say are caused by reforms.

Internet freedom... Thanks to public rebellion, corporations hoping to lock up and monopolize the internet failed in Congress last year to pass their repressive "Stop Online Piracy Act." However, they've slipped SOPA's most pernicious provisions into TPP. Corporate-created content, for example, would be given copyright protection for a stunning 120 years! The deal would also transform internet service providers into a private, Big Brother police force, empowered to monitor our "user activity," arbitrarily take down our content, and cut off our access to the internet. To top that off, consumers could be assessed mandatory fines for non-commercial, small-scale copying -- like sending your mom a recipe you got off of a paid site.

Public services... TPP rules would limit how governments regulate such public services as utilities, transportation, and education, including restricting policies meant to ensure broad or universal access to those essential needs. One especially insidious rule says that member countries must open their service sectors to private competitors, which would allow the corporate provider to cherry pick the profitable customers and sink the public service. Also, corporations from any TPP nation must be allowed to bid on contracts to provide public services in the US on the same terms as American corporations.

A Corporatocracy

Lori Wallach, director of Public Citizen's superb research and activist group, Global Trade Watch, correctly calls the Trans-Pacific Partnership "a corporate coup d'etat." Indeed, nations that join must conform their laws and rules to TPP's strictures, effectively supplanting US sovereignty and cancelling our people's right to be self-governing. Worse, it creates virtually permanent corporate rule over us -- there's no expiration date on the agreement, and no provision in it can be altered unless all countries agree. Thus, even if Americans voted in an election to make changes, any other TPP country could overrule us by not agreeing.

Well, you might think, we'll still have our courts to redress corporate misuse of TPP's provisions. Uh... no. One of the deal's chapters creates a monstrous monkey wrench called the "Investor-State Dispute Resolution" system. In this private, supra-legal "court," corporations are empowered to sue TPP governments over environmental, health, consumer, zoning, or any other public policies that the corporations claim are either undermining their TPP "rights" or diminishing -- get this -- their "expected future profits."

This elevates thousands of private, profit-seeking entities to the legal status of sovereign nations. Under the investor-state system, a smaller version of which was included in NAFTA and other free-trade schemes, the deck is stacked for corporate interests. Cases are decided behind closed doors by three-person international tribunals of private attorneys who often have a glaring corporate bias. The same lawyers who represent corporations in these cases routinely switch over in other cases to serve as "judges." Holy revolving door!

These "tribunalists" are not accountable to any electorate, and their decisions are final -- there's no appeal to a real court. If a corporation wins a case, taxpayers of the government being sued lose, for they must pony up cash to compensate the corporation for its "loss" of profit.

At present, even before the elephantine TPP is imposed on us, corporations are demanding a total of nearly $14 billion just in cases brought under free trade arrangements that include the US. Among the current corporate giants suing governments in investor-state tribunals are (1) Philip Morris (Altria), attacking Australia's and Uruguay's cigarette labeling policies; (2) Chevron, trying to avoid its liability for the gross toxic contamination of people and nature in the Ecuadorian Amazon; (3) Eli Lilly, demanding that Canada rewrite its patent law to give its drugs extended monopoly protection; and (4) several European investment firms, assaulting Egypt's minimum wage law.

Shhhhh!

Why isn't this a screaming, bold-type, take-to-the-streets, call-out-the-dogs, roll-out-the-guillotine news story and political issue? Because the corporate and political powers (apologies again for redundancy) definitely don't want us to kick up a fuss that could squirrel their little surprise, so they've thrown a suffocating blanket of secrecy over the whole process.

TPP negotiations were initiated back in 2008 by none other than President Can't-Be-Fooled-Again. (Okay, one more Bushism: "I think -- tide turning. See, as I remember -- I was raised in the desert, but tides kind of -- it's easy to see a tide turn.") The incurious mass media, however, didn't see the story then and have since devoted zero investigative energy to it. They've accepted the official cover story that the deal is just another yawner of a trade agreement, so pay no mind -- even as 17 rounds of closed-door negotiations have zipped under their radar.

Obama -- who pledged in 2008 to avoid sneaky, NAFTA-style, corporate sell-outs -- promptly surrendered to the global schemers once in office. Team Obama goosed up the TPP negotiating process and has gone to extremes to make it more furtive than Bush did. In 2010, all nations involved even signed a formal pledge to keep details of their deliberations from the public -- and to keep documents related to the deal under cover until four years after the process is completed.

WARNING -- BUCKLE UP BEFORE READING THIS: Last year, Obama's top trade rep, Ron Kirk, declared that locking out the people is necessary, because the deal's details would outrage Americans and spook Congress from rubber stamping it. In short, to win public approval of TPP, the Obamacans say they must keep it hidden from the public.

Where, you might ask, is Congress? In the dark.

Even though the Constitution says Congress has exclusive authority "to regulate commerce with foreign nations," the White House has repeatedly rejected pretty-please requests by lawmakers merely to attend negotiations as observers, and congressional leaders have not been allowed to review, much less have any meaningful input on, the draft texts of TPP's 29 chapters. (Update: In June, our progressive friend, Rep. Alan Grayson, who has been a tenacious critic of the shady process, was finally granted a peek at the full draft -- though not allowed to take a copy. "It's easy to understand why [it's] been kept secret," Grayson says, confirming that "It puts corporate interests ahead of American interests.")

The Corporate Team

There are, however, 600 or so "outsiders" who've been welcomed  inside to help write TPP. They are hand-picked members of the 16 Industry Trade Advisory Committees -- practically all of them corporate executives. From AT&T to Zippo Manufacturing, and from the Koch boys' empire to Walmart's billionaires, corporate powers are cheek to jowl with the government negotiators to make sure the final document serves their very special interests.

In addition, Obama has now named one of their own to replace Kirk: Michael Froman, an Obama classmate in law school and a protege of Robert Rubin in the Clinton administration. Post-Clinton, Froman traipsed along with Rubin to Citigroup, which made him a Wall Street multi-millionaire. From there, he went back to Obama in 2004 as a senate campaign advisor and money-bagger (including introducing the rising political star to Rubin). Now he's been brought in to wire all these connections to the TPP sovereignty bomb.

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Jim Hightower is an American populist, spreading his message of democratic hope via national radio commentaries, columns, books, his award-winning monthly newsletter (The Hightower Lowdown) and barnstorming tours all across America.

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