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Smith's argument:
A central component of the seemingly impenetrable Obama mythology is his personal history: a black man, son of a broken home, who nevertheless got on the fast track to financial success by becoming editor of the Harvard Law Review, but turned instead to working with and later representing a particularly disadvantaged community, the South Side of Chicago.

Even so, this story does not quite add up. Why did Obama not follow the usual, well greased path of becoming a Supreme Court clerk, and seeking to exert influence through the Washington doors that would have opened up to him after that stint?

A remarkable speech by Robert Fitch puts Obama's early career in a new perspective that explains the man we see now in the Oval Office: one who pretends to befriend ordinary people but sells them out again and again to wealthy, powerful interests - the banks, big Pharma and health insurers, and lately, the fracking-industrial complex.


So Smith is claiming to deconstruct the personal story of Obama and claiming that Fitch's speech "explains the man", not that he or she is proving anything. This is political commentary, not Euclidean geometry or, even, a court of law. And what does Fitch have to say about Obama's choice of career path?
Rezko's Grove Parc partner, Allison Davis, was a witness in the Rezko trial, he's pretty radioactive too. But you could see why Rezko wanted to hook up with him. Davis was the senior partner in Davis Miner Barnhill & Galland, a small, black law firm, where Obama worked for nearly a decade. As the editor of the Harvard Law Review, Obama could have worked anywhere. Why did he choose the Davis firm?

Davis had been a noted civil rights attorney and a progressive critic of the first Daley machine. But in 1980 Davis got a call from the Ford Foundation's poorly known,but immensely influential, affiliate LISC--the Local Initiatives Support Corporation--that had just been founded. LISC, whose present chair is Citigroup's Robert Rubin, connects small, mainly minority community non-profits with big foundation grants and especially with bank loans and tax credit-driven equity. LISC wanted to co-opt Davis in their ghetto redevelopment program. He agreed and the Davis firm came to specialize in handling legal work for non-profit community development firms. Eventually Davis left the firm to go into partnership with Tony Rezko.Meanwhile, Obama did legal work for the Rezko-Davis partnership. And for Community Development Organizations like Woodlawn Organization.

In 1994, the LATimes reports, Obama appeared in Cook County court on behalf of WoodlawnPreservation & Investment Corp., defending it against a suit by the city, which alleged that the company failed to provide heat for low-income tenants on the South Side during the winter.


In both cases the emphasis is my addition to highlight the areas to be compared.

Smith's 'addition' consisted of offering a more readily recognizable, reasonable career path available to Obama rather than trying to provide the context that would make Fitch's treatment comprehensible in isolation. And all of your invective against Smith dissolves like a smoke screen in a breeze.

Again, neither Smith or Fitch are trying to 'prove' anything. Fitch is offering a deconstruction of some of Obama's rhetoric and putting the career path choices Obama made in their specific context. Obama supporters are free to denounce this a scurrilous and/or find nothing there. I found it interesting enough to paste some parts into an ET diary which I had not even decided to post, but apparently did by accident. C'est la vie. I hope some on ET at least found it interesting.

I could have posted the article without reference to naked capitalism, knowing your dislike of Yves Smith, but that would have been false to how I actually found Fitch's speech. Knowing that you were likely to fling a load of shit stirring invective Smith's way was not going to deter me, nor should it. But I do feel an obligation to defend her against what I consider unwarranted attacks that I may have occasioned.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Mon May 7th, 2012 at 04:01:48 PM EST
[ Parent ]
It's an old slander but calling Minor Barnhill "a small black law firm" is pretty disgusting. The kind of thing one might expect from the far right - and got.


    The firm of Miner Barnhill & Galland, many of whose members have Harvard and Yale law degrees, has a reputation that fits nicely into the resume of a future presidential candidate.

    "It's a real do-good firm," says Fay Clayton, lead counsel for the National Organization for Women in a landmark lawsuit aimed at stopping abortion clinic violence. "Barack and that firm were a perfect fit. He wasn't going to make as much money there as he would at a LaSalle Street firm or in New York, but money was never Barack's first priority anyway.
http://www.boston.com/news/nation/articles/2007/02/20/obama_got_start_in_civil_rights_practice/

So the interesting question is why we get racist right wing smears of Obama from the supposed "left".

by rootless2 on Tue May 8th, 2012 at 09:38:20 AM EST
[ Parent ]
Just a moment, since we are almost back on topic:

"In 1993 he joined Davis, Miner, Barnhill & Galland, a 13-attorney law firm specializing in civil rights litigation and neighborhood economic development, where he was an associate for three years from 1993 to 1996, then of counsel from 1996 to 2004, with his law license becoming inactive in 2002."

http://en.wikipedia.org/wiki/Obama

So wikipedia mentions neighbourhood economic development as a focus. And 13-attorney law firm is I think considered small in the US.

So the description Fitch uses is not to far off. (His interpretation is another matter)

by IM on Tue May 8th, 2012 at 09:48:26 AM EST
[ Parent ]
The issue here is whether Smith's "doesn't add up" or the similar argument we see above is a respectable critique or a smear. The  claim is that there is something suspicious about why a highly qualified attorney like Obama went to work for shady real-estate development law firm like Minor,Barnhill. That's not incidental to the argument above or to Smith's argument: they want to make the case that Obama was/is a shifty character who deserves their suspicion/disdain. But the reality is that Minor, Barnhill is an exceptionally prestigious, labor union affiliated, law firm that has won a number of the most prominent cases on sex and race discrimination. Why would an ambitious and highly sought after law school grad go to work for a small black law firm that was associated with all sorts of supposedly sleazy real-estate operators? And the answer is that that's a false story: if you want to do labor law on the side of workers in the USA, a job with Minor,Barnhill is a prize.
by rootless2 on Tue May 8th, 2012 at 10:06:44 AM EST
[ Parent ]
So your argument is, if Obama wanted to work in labour law or civil rights, Miner, Barnhill & Galland was a first class address.

I just asked the beast itself:

http://www.lawmbg.com/index.cfm/PageID/2763

Eleven practice areas, three labour law related. One other is civil rights/voting rights.

But also:

"Real Estate/Housing Development/Non-Profits

Transactional Practice

Miner, Barnhill & Galland, P.C. offers legal services in the areas of real estate, community development financing, corporations, partnerships, limited liability companies and related areas. Over the last 25 years, the firm has developed a wide and varied practice relating to community development. With its depth of experience, the firm's transactions group is able to offer high-quality, cost-effective service, tailored to the needs of each particular client. The transactional practice group currently includes partners Laura Tilly, William Miceli along with associate Tiffany Glanville ."

So three lawyers out of fourteen work in this area.

"Inner-City Development. The firm has represented a large number of developers, both for-profit and not-for-profit, focusing on work in the inner city. Development in low-income neighborhoods presents unique challenges, ranging from multiple-layered financing and equity structures, to deteriorated building conditions, to working with public agencies. The firm is very experienced in managing these issues with its clients. Lawyers at the firm have helped to provide thousands of units of housing and substantial commercial space in inner-city communities."

So non for profit developers is indeed their thing.

That said, we don't know what Obama was actually doing there in the three years that he was associate there. But I guess he joined a civil rights-labour law- development law firmbecause of its civil rights fame. Law firms dealing in property law are quite common after all. And he did go on teaching constitutional law, not real estate law.

by IM on Tue May 8th, 2012 at 11:29:05 AM EST
[ Parent ]
Well, we do know what he was doing there. If you go to the firms web page, though, and look at practice areas, you see some really impressive stuff. For example:

Miner, Barnhill and Galland is one of the nation's leading employment law firms. Partners Judson Miner, Charles Barnhill, Sarah Siskind,  Jeffrey Cummings , and George Galland, all devote a substantial percentage of their time to this practice group. The firm is known particularly for its representation of plaintiffs in large-scale, high-profile class actions or multi-plaintiff cases brought under the federal employment discrimination laws. Some of the matters handled by the firm over the years include:

    Evans v. Mitsubishi Motor Manufacturing of America ( George Galland ). The firm represented the 27 private plaintiffs in this lawsuit, which was settled in 1997 and which was perhaps the largest and most widely publicized sexual harassment lawsuit in the nation's history.
    In re Burlington Northern, Inc. Employment Practices Litigation ( Charles Barnhill ). The firm was counsel for the plaintiff class in this nationwide class action, which was settled for approximately $60 million in damages and injunctive relief and remains one of the largest pre-trial settlements of any race discrimination case.
    Ridgeway v. Local 134, IBEW ( Judson Miner ). The firm has represented the plaintiff class in this race discrimination class action against the Electrical Workers' Union, which was settled through a decree that has opened the Chicago area electrical construction industry to blacks.
    Orlowski v. Dominick's Finer Foods Inc. ( Judson Miner , Jeffrey Cummings ). The firm is counsel for the plaintiff class in a sex discrimination lawsuit against one of the midwest's largest grocery store chains.
    Isaacs v. Caterpillar, Inc. ( George Galland ). The firm represented 69 plaintiffs in this "opt-in" class action under the Age Discrimination in Employment Act challenging a series of reductions in force. The case was settled in 1992.
    Hany v. General Electric Co. ( Charles Barnhill , George Galland ). The firm was counsel for ten plaintiffs who lost their jobs in a series of reductions in force. After a series of victorious jury trials and an appeal, the case was settled in 1993.
    Liberles v. Miller ( Charles Barnhill , George Galland ). The firm was counsel for the plaintiff class in this race discrimination case on behalf of African-American employees of the Illinois Department of Public Aid. The case resulted in what was at that time the highest race discrimination judgment in Illinois history.
    Mays v. Motorola ( Charles Barnhill , Judson Miner ). The firm represented the plaintiff class in this race discrimination class action challenging the hiring practices of the defendant. After plaintiffs won the liability trial, the case was settled during the appeal for approximately $15 million.
    Meiresonne v. Mariott Corp. ( Sarah Siskind , Charles Barnhill ). The firm represented the plaintiff class in this sex discrimination class action involving dsicrimination in the promotion of women, which was settled in 1991 for $3 million.
    Allen v. Marshall Field & Co. Inc. ( Charles Barnhill ). The firm was counsel to 64 plaintiffs in this case, which was one of the first age discrimination "opt-in" class actions settled in the midwest.
    Anderson v. Montgomery Ward & Co., Inc. ( Charles Barnhill ). The firm represented 39 plaintiffs in this opt-in class action brought under the Age Discrimination in Employment Act, which was settled in 1987.
    Chaffee v. A&P Tea Co.  The firm was counsel to the class in this race discrimination class action involving the improper segregation and layoff of black meat-cutters, which was settled after plaintiffs prevailed in a liability trail.

In addition to these large class action cases, the firm has handled hundreds of claims by smaller groups of plaintiffs or individual plaintiffs.

and


The firm is one of the best-known and most experienced firms in the country in large-scale voting rights cases. This practice, led by Judson Miner and which includes Jeffrey Cummings has achieved important victories in race discrimination lawsuits challenging redistricting of Chicago's aldermanic districts and Illinois congressional districts. These cases include:

    In re Congressional remap , 81 C 3915 (N.D.Ill. 1981).
    Ketchum v. Byrne , 740 F.2d 1398 (7th Cir. 1984) (Chicago ward remap).
    Prosser, et. al v Elections Board, et. al , 92-C-0078( U.S.D.C., W.D. Wis. )( Wisconsin legislative remap ).
    Hastert v. State Board of Elections , 777 F. Supp. 634 (N.D.Ill. 1991); 794 F. Supp. 254 (N.D.Ill. 1992), aff'd in part and rev'd in part , 28 F.3d 1430 (7th Cir. 1994) (Illinois congressional remap).
    Barnett, et. al., v. City of Chicago, et. al. , 835 F. Supp. 1063 (N.D.Ill. 1993), rev'd , 32 F.3d 1196 (7th Cir. 1994), on remand , 969 F.Supp. 1359 (N.D.Ill. 1997), vacated and remanded in relevant part , 141 F.3d 699 (7th Cir. 1998), cert. denied , 118 S. Ct. 2372, on remand , 17 F.Supp. 2d 753 (N.D.Ill. 1998).

The firm has also represented plaintiffs in a wide variety of other civil rights litigation, including police misconduct litigation and First Amendment cases. The firm is now involved in a highly publicized case, challenging strip-searches performed by Customs agents at O'Hare Airport.

And we know that Obama was involved in some of these voting rights cases.

by rootless2 on Tue May 8th, 2012 at 11:42:50 AM EST
[ Parent ]
And I agree that these are all worthwhile and laudable activities. The point Fitch made and I have tried to bring out is that these efforts did not conflict with the profits being made in the redevelopment efforts in which they were also involved. So it is a complex picture.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue May 8th, 2012 at 12:06:49 PM EST
[ Parent ]
But we do have a serious issue underlying. Suppose you are unhappy with slum conditions in South Side Chicago and wish to do something. You can choose to engage with the property system, raise funds, get grants, lobby for government help, work with sympathetic managers of capital (like the south street bank) and so on to try to build housing. Such a course has 100% chance of involving grossly ugly compromises, and an enormous temptation to make self-rewarding decisions - a temptation that is hard to resist for most people and exceptionally easy to rationalize. However, you have also a chance to improve lives, build communities, "empower" your own community etc. Or you could choose to spend your time exposing the criminal behavior of the developers who will not at all be deterred or even inconvenienced by your expose. Many people "on the left" are more happy with the moral consequences of the second choice. I'm dubious and think of Zizek's analysis of the protests against the Iraq war.

What V.I. Warshawksi would say, is something I'd like to know.

by rootless2 on Tue May 8th, 2012 at 10:53:27 AM EST
[ Parent ]
The problem, as you know, that it is quite possible to remove slum conditions but at the same to remove the slum dwellers. Who will move to another slum. That is the paradox of gentrification: A quarter in bad condition is put into good condition, but most of its former inhabitants don't profit from this change.

Is a important discussion in Berlin right now.
But I have no solution to this problem as of yet. The usual solution is public housing, but that way was left in Daley administration and some of the old projects even torn down. (And it didn't seemed to work in the US earlier)

"Or you could choose to spend your time exposing the criminal behavior of the developers who will not at all be deterred or even inconvenienced by your expose."

You mean like Obama did as an community organizer?

"What V.I. Warshawksi would say, is something I'd like to know."

No Sara Paretsky fan?

Now, V. I. Warshawksi actually is a lawyer, but found out early on that the only way to fight for justice is of course being an P. I. She did took on unions (brotherhood of knifegrinders), insurance, medicine, the prison industry, I think also the media, but I never remember a explicit real estate angle angle. Rather surprising, now that I think about it. But than I haven't read everything.

by IM on Tue May 8th, 2012 at 11:53:13 AM EST
[ Parent ]
The track record of such redevelopment in chicago seems to be mixed. There are, however, a lot of low income people who live in much better housing than before.

Community organizers are not addressing the audience of The Nation readers.

I am a big Sarah Paretsky fan. I think her novels do a good job of illuminating some of the difficulties of working within a setting where corruption and injustice are so rife. But mostly I enjoy where she shoots or beats up some bad guy.

by rootless2 on Tue May 8th, 2012 at 12:08:39 PM EST
[ Parent ]
IM:
The problem, as you know, that it is quite possible to remove slum conditions but at the same to remove the slum dwellers. Who will move to another slum. That is the paradox of gentrification: A quarter in bad condition is put into good condition, but most of its former inhabitants don't profit from this change.

I think the analysis looks simple here: It's not the neighbourhood, it's the poverty. Or well, it's the neighbourhood too, but mainly it is the poverty.

I am reminded of the city housing company in Malmoe that a decade or so ago struck a deal with the tenants association that improvements that can be postponed (change of wallpaper and such) will only be done when the tenant asks for it, but that will also be reflected in the rent. Now the city housing company feels there is a problem, because to many tenants choose not to have wallpaper and similar changed, preferring the low rent. It is quite easy to understand the city housing company not wanting to get slum on their hands, but it is also easy to understand tenants that choose low rent over improvemtns. I would guess that looking at incomes of the tenants who choose low rent you would find the real problem.

Sweden's finest (and perhaps only) collaborative, leftist e-newspaper Synapze.se

by A swedish kind of death on Tue May 8th, 2012 at 02:29:08 PM EST
[ Parent ]
And the reputation of Davis, Miner, Barnhill & Galland as a boutique black civil rights law firm was based largely on the work of Davis in the 80s, before he was co-opted by LISC, not to say that some of that activity might not have continued, even in pro bono work. And, if you have a potential rising star, as Obama was, you might want to deploy him in career burnishing roles.

This is not to say that Barack and Michelle Obama were not personally concerned with the welfare of poor blacks, but they clearly did not identify with them and were prepared to impose sacrifices on them, such as the loss of public housing, perhaps in a 'higher interest' that also benefited their future career paths. Nor were they vigilant that the process did not damage the lives of the most vulnerable among these poor, as with Obama defending Woodlawn against charges of their not providing heat in winter to former public housing tenants who were now Woodlawn's tenants. Everyone wants to be able to have a good opinion of themselves and their activities. Often this involves selective blindness.

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue May 8th, 2012 at 12:00:25 PM EST
[ Parent ]
http://articles.latimes.com/2008/apr/06/nation/na-obamalegal6

So the sum evidence is that Smith's "does not add up" is a smarmy bit of mendacious smearing. One does not need to show that the Law Firm was angelic or that Mr. Obama worked their on only the most laudable cases to see that it's bullshit.

As for your psychoanalysis of the Obamas, I am not interested. How about this: try some concrete criticisms of actions - ones while in office would be good - instead of engaging in lurid speculation about who was friends with whom and what they really thought.

by rootless2 on Tue May 8th, 2012 at 12:14:35 PM EST
[ Parent ]
That seems to settle it. If these three minor cases make Obama a lawyer working for Big development, you could say the same about me.
by IM on Tue May 8th, 2012 at 01:01:13 PM EST
[ Parent ]
The point was less his work for the law firm than his activities and contributions from the development interests, coupled with a lack of any actions in any areas where the financial interests of the contributors were impacted.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue May 8th, 2012 at 01:11:39 PM EST
[ Parent ]
So the sum evidence is that Smith's "does not add up" is a smarmy bit of mendacious smearing.

So it does not impress you. But your quoted comment itself is an example of the pejorative labeling which I have noted before. I doubt that you would admit anything on this subject is convincing.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Tue May 8th, 2012 at 01:21:31 PM EST
[ Parent ]
I just tried to google the firm, to get additional information. Apart from the website of the firm itself I did find page after page of right-wing conspiracy theory. Mostly quite racist. (And some Pumas).

Is that really a company you want to join?

by IM on Tue May 8th, 2012 at 12:32:59 PM EST
[ Parent ]

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