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	<title>Comments on: Marcy Winograd:  Jane Harman Profits From Anti-Generics Amendment She Helped Eshoo Pass</title>
	<atom:link href="http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/feed/" rel="self" type="application/rss+xml" />
	<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/</link>
	<description>Politics for liberal newsgeeks</description>
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		<title>By: LindaMilazzo</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59118</link>
		<dc:creator>LindaMilazzo</dc:creator>
		<pubDate>Sat, 07 Nov 2009 07:17:58 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59118</guid>
		<description>California&#039;s 36th Congressional District needs to replace Jane Harman with Marcy Winograd.  America needs a true progressive to push forth single-payer healthcare and sound and equitable economic policies that favor we-the-people over corporate criminals.  America needs a legislator who will fight for peace rather than perpetuate war and cater to defense industry cohorts.  Harman needs to go. 

In 2006, when Winograd first ran against Harman, she garnered nearly 40% of the vote after a short under-funded campaign.  This time the momentum is growing for Winograd.   The groundswell is palpable. Harman needs to go.</description>
		<content:encoded><![CDATA[<p>California&#8217;s 36th Congressional District needs to replace Jane Harman with Marcy Winograd.  America needs a true progressive to push forth single-payer healthcare and sound and equitable economic policies that favor we-the-people over corporate criminals.  America needs a legislator who will fight for peace rather than perpetuate war and cater to defense industry cohorts.  Harman needs to go. </p>
<p>In 2006, when Winograd first ran against Harman, she garnered nearly 40% of the vote after a short under-funded campaign.  This time the momentum is growing for Winograd.   The groundswell is palpable. Harman needs to go.</p>
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		<title>By: PaulaT</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59058</link>
		<dc:creator>PaulaT</dc:creator>
		<pubDate>Fri, 06 Nov 2009 21:33:23 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59058</guid>
		<description>We still have a country that with too many people scared to death that bringing all the people on board will sink the ship. They&#039;d rather throw out a lifeboat or two than risk losing what they have by rescuing everyone. I believe single payer is in the cards, but it would not happen this round. I am hoping that instead of lying around exhausted after this round, people keep doing the PR work in the background on single payer so that more are ready for it sooner. I would love to hear people talk about saving medicare benefits for the elderly, for example, by having the young and healthy pay their premiums into medicare instead of to private insurance companies who pass it out in bonuses and don&#039;t help out the elderly. With all the talk that has gone on about cutting funding to entitlements, I don&#039;t blame those who fear that there won&#039;t be enough pie to go around so they&#039;d better limit who gets to be at the table. After 8 years of Bush, I can sympathize better with those who fear how the government would run things, too. Those who fear usually haven&#039;t clued in to the fact that the Bush nightmare was government putting the work into the hands of profiteering corporations rather than a problem with government running programs.

Education takes time and a lot of work. Whatever happens in this Congress, there will be a lot more of that ahead of us because, Obama&#039;s lofty talk about being the last president to have to deal with health care aside, even the best we could get will not be enough.</description>
		<content:encoded><![CDATA[<p>We still have a country that with too many people scared to death that bringing all the people on board will sink the ship. They&#8217;d rather throw out a lifeboat or two than risk losing what they have by rescuing everyone. I believe single payer is in the cards, but it would not happen this round. I am hoping that instead of lying around exhausted after this round, people keep doing the PR work in the background on single payer so that more are ready for it sooner. I would love to hear people talk about saving medicare benefits for the elderly, for example, by having the young and healthy pay their premiums into medicare instead of to private insurance companies who pass it out in bonuses and don&#8217;t help out the elderly. With all the talk that has gone on about cutting funding to entitlements, I don&#8217;t blame those who fear that there won&#8217;t be enough pie to go around so they&#8217;d better limit who gets to be at the table. After 8 years of Bush, I can sympathize better with those who fear how the government would run things, too. Those who fear usually haven&#8217;t clued in to the fact that the Bush nightmare was government putting the work into the hands of profiteering corporations rather than a problem with government running programs.</p>
<p>Education takes time and a lot of work. Whatever happens in this Congress, there will be a lot more of that ahead of us because, Obama&#8217;s lofty talk about being the last president to have to deal with health care aside, even the best we could get will not be enough.</p>
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		<title>By: dpboehm</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59017</link>
		<dc:creator>dpboehm</dc:creator>
		<pubDate>Fri, 06 Nov 2009 20:13:56 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59017</guid>
		<description>I think that Dems will lose some seats in the midterms regardless of the outcome of the healthcare bill due to voter turnout patterns and such. If they pass a plan that doesn&#039;t do anything until 2013 and leaves the drug and insurance cartels to rape us in the meantime, they will (and should) get clobbered, and could lose the White House in 2012. If the calculation is that it&#039;s better politically to delay implementation, it&#039;s a bad calculation. The perfect shouldn&#039;t be the enemy of the good, but the bad is always the enemy of both. I&#039;m glad the CPC, you, and others are working to make this thing useful and keep the Rahminator and ConservaDems in line.</description>
		<content:encoded><![CDATA[<p>I think that Dems will lose some seats in the midterms regardless of the outcome of the healthcare bill due to voter turnout patterns and such. If they pass a plan that doesn&#8217;t do anything until 2013 and leaves the drug and insurance cartels to rape us in the meantime, they will (and should) get clobbered, and could lose the White House in 2012. If the calculation is that it&#8217;s better politically to delay implementation, it&#8217;s a bad calculation. The perfect shouldn&#8217;t be the enemy of the good, but the bad is always the enemy of both. I&#8217;m glad the CPC, you, and others are working to make this thing useful and keep the Rahminator and ConservaDems in line.</p>
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		<title>By: selise</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59011</link>
		<dc:creator>selise</dc:creator>
		<pubDate>Fri, 06 Nov 2009 19:33:56 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59011</guid>
		<description>i don&#039;t understand (ok, i know i&#039;m repeating myself a lot with that today). if the progressives have more to loose by not opposing it, then why aren&#039;t they? my rep (jim mcgovern) had a town hall by phone wednesday night (some details on &lt;a href=&quot;http://news.firedoglake.com/2009/11/04/that-strange-biofuels-rider-in-the-house-managers-amendment/&quot; rel=&quot;nofollow&quot;&gt;this thread&lt;/a&gt;). i got the first question and asked him about his pledge to vote against the bill. he completely blew me off and then proceeded to say things about the bill that are just untrue. it was a pretty profoundly depressing phone call and convinced me that there is no interest in making this a less bad bill.

the cost figures i&#039;ve seen absolutely suck. and i know what that means for the viability of the plan as a whole. this year MA is permitting the insurance companies to add $50,000/yr caps to policies they are making people purchase (these are the young people&#039;s polices) in order to lower premiums. they are also ending the automatic re-enrollment for people who&#039;ve qualafied for the subsidized plan (even though they still qualify) as a costs saving measure. and don&#039;t get me started on how legal immigrants are being treated. in all ways, this is not a way forward, the cost is so great that it requires retrenchment.

on the other hand, may be a totally false report especially considering the source, but i just saw &lt;a href=&quot;http://news.yahoo.com/s/ap/20091106/ap_on_bi_ge/us_health_care_overhaul&quot; rel=&quot;nofollow&quot;&gt;this&lt;/a&gt; (listed as reported 20 min ago):

&lt;blockquote&gt;House Democrats acknowledged they don&#039;t yet have the votes to pass a sweeping overhaul of the nation&#039;s health care system, and signaled they may push back the vote until Sunday or early next week.&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<p>i don&#8217;t understand (ok, i know i&#8217;m repeating myself a lot with that today). if the progressives have more to loose by not opposing it, then why aren&#8217;t they? my rep (jim mcgovern) had a town hall by phone wednesday night (some details on <a href="http://news.firedoglake.com/2009/11/04/that-strange-biofuels-rider-in-the-house-managers-amendment/" rel="nofollow">this thread</a>). i got the first question and asked him about his pledge to vote against the bill. he completely blew me off and then proceeded to say things about the bill that are just untrue. it was a pretty profoundly depressing phone call and convinced me that there is no interest in making this a less bad bill.</p>
<p>the cost figures i&#8217;ve seen absolutely suck. and i know what that means for the viability of the plan as a whole. this year MA is permitting the insurance companies to add $50,000/yr caps to policies they are making people purchase (these are the young people&#8217;s polices) in order to lower premiums. they are also ending the automatic re-enrollment for people who&#8217;ve qualafied for the subsidized plan (even though they still qualify) as a costs saving measure. and don&#8217;t get me started on how legal immigrants are being treated. in all ways, this is not a way forward, the cost is so great that it requires retrenchment.</p>
<p>on the other hand, may be a totally false report especially considering the source, but i just saw <a href="http://news.yahoo.com/s/ap/20091106/ap_on_bi_ge/us_health_care_overhaul" rel="nofollow">this</a> (listed as reported 20 min ago):</p>
<blockquote><p>House Democrats acknowledged they don&#8217;t yet have the votes to pass a sweeping overhaul of the nation&#8217;s health care system, and signaled they may push back the vote until Sunday or early next week.</p></blockquote>
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		<title>By: wmd1961</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59008</link>
		<dc:creator>wmd1961</dc:creator>
		<pubDate>Fri, 06 Nov 2009 19:25:19 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59008</guid>
		<description>It&#039;s actually not new patent protection that is the issue.

Marketing approval for drugs depends on data from clinical trials. A generic drug manufacturer can use the original manufacturers clinical data to gain FDA approval to market their drug subject to some period of exclusivity of that data (12 years for biological drugs under Eshoo&#039;s plans, 5 years under Waxman/Schumers, 7 years under Obama&#039;s proposed compromise). Small molecule drugs have a 5 year exclusivity window. 

Eshoo&#039;s legislation restarts the 12 year exclusivity period for the &quot;reference product&quot; (the original medicine) if the manufacturer makes a &quot;Structural change&quot;, a term that isn&#039;t explicitly defined in the bill.

Patent protection is for 20 years, &lt;a href=&quot;http://fdlaction.firedoglake.com/2009/11/05/video-amsa-medical-students-me-visit-senate-to-stop-anna-eshoophrma-bill/#comment-58916&quot; rel=&quot;nofollow&quot;&gt;in practice&lt;/a&gt; most of this protection is moot as the drug isn&#039;t approved for marketing by the FDA until many years after the patent.</description>
		<content:encoded><![CDATA[<p>It&#8217;s actually not new patent protection that is the issue.</p>
<p>Marketing approval for drugs depends on data from clinical trials. A generic drug manufacturer can use the original manufacturers clinical data to gain FDA approval to market their drug subject to some period of exclusivity of that data (12 years for biological drugs under Eshoo&#8217;s plans, 5 years under Waxman/Schumers, 7 years under Obama&#8217;s proposed compromise). Small molecule drugs have a 5 year exclusivity window. </p>
<p>Eshoo&#8217;s legislation restarts the 12 year exclusivity period for the &#8220;reference product&#8221; (the original medicine) if the manufacturer makes a &#8220;Structural change&#8221;, a term that isn&#8217;t explicitly defined in the bill.</p>
<p>Patent protection is for 20 years, <a href="http://fdlaction.firedoglake.com/2009/11/05/video-amsa-medical-students-me-visit-senate-to-stop-anna-eshoophrma-bill/#comment-58916" rel="nofollow">in practice</a> most of this protection is moot as the drug isn&#8217;t approved for marketing by the FDA until many years after the patent.</p>
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		<title>By: sporkovat</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59007</link>
		<dc:creator>sporkovat</dc:creator>
		<pubDate>Fri, 06 Nov 2009 19:17:14 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59007</guid>
		<description>many are of the opinion that passage of a botched &#039;reform&#039; bill will be &lt;em&gt;worse&lt;/em&gt; than doing nothing, and that fallout from the debacle of Health Insurance Reform 2009 will rain down on things that matter to people.

for many, the electoral success of the Democratic Party is important. This will be adversely affected when the malign effects of the bill become clear, the mandates most obviously, but numerous other devils are in the details, many of which have been assiduously picked out here on FDL, but there are likely plenty still hidden.

also, the whole notion that Government can improve the lot of regular people will take a hit - a miniscule PO that is a bureaucratic nightmare to qualify for, and a proliferation of complexity in terms of what benefits anyone can qualify for, a safety net riddled with deadly holes, the takeaway will one of greater mistrust and scorn for Washington and everyone associated with it. We know who benefits from that, right? Its not hairsplitting Liberal policy-wonks, thats for sure.

the bad actors will be greatly rewarded, in any number of ways. PHARMA will have their deals honored, their monopolies extended and deepened, and will continue to reap obscene profits off of captive markets. As slowereastside has mentioned, their stocks are prospering, and as the old &lt;a href=&quot;http://www.businessweek.com/magazine/content/09_33/b4143034820260.htm?chan=magazine+channel_top+stories&quot; rel=&quot;nofollow&quot;&gt;businessweek&lt;/a&gt; article mentioned, they are struggling to keep their delight at the outcome of the process concealed.

And lastly I think the credibility and bona fides of &#039;Progressives&#039; will be tarnished, &lt;em&gt;especially&lt;/em&gt; if the likes of DailyKos and the veal pen step up and advocate heavily for the passage of an inimical bill. The fallout from that may effect even folks like here at FDL, whose points of view are much more diverse and autonomous, and who are largely not completely under the direction of the Democratic Party.
these are conjectural at this point, but as selise so tactfully notes:

&lt;blockquote&gt;everyone, i think, is trying to figure out if on balance the good outweighs the bad. different people will have different answers, that is all.&lt;/blockquote&gt;

the bad is looking pretty heavy, few can deny that.</description>
		<content:encoded><![CDATA[<p>many are of the opinion that passage of a botched &#8216;reform&#8217; bill will be <em>worse</em> than doing nothing, and that fallout from the debacle of Health Insurance Reform 2009 will rain down on things that matter to people.</p>
<p>for many, the electoral success of the Democratic Party is important. This will be adversely affected when the malign effects of the bill become clear, the mandates most obviously, but numerous other devils are in the details, many of which have been assiduously picked out here on FDL, but there are likely plenty still hidden.</p>
<p>also, the whole notion that Government can improve the lot of regular people will take a hit &#8211; a miniscule PO that is a bureaucratic nightmare to qualify for, and a proliferation of complexity in terms of what benefits anyone can qualify for, a safety net riddled with deadly holes, the takeaway will one of greater mistrust and scorn for Washington and everyone associated with it. We know who benefits from that, right? Its not hairsplitting Liberal policy-wonks, thats for sure.</p>
<p>the bad actors will be greatly rewarded, in any number of ways. PHARMA will have their deals honored, their monopolies extended and deepened, and will continue to reap obscene profits off of captive markets. As slowereastside has mentioned, their stocks are prospering, and as the old <a href="http://www.businessweek.com/magazine/content/09_33/b4143034820260.htm?chan=magazine+channel_top+stories" rel="nofollow">businessweek</a> article mentioned, they are struggling to keep their delight at the outcome of the process concealed.</p>
<p>And lastly I think the credibility and bona fides of &#8216;Progressives&#8217; will be tarnished, <em>especially</em> if the likes of DailyKos and the veal pen step up and advocate heavily for the passage of an inimical bill. The fallout from that may effect even folks like here at FDL, whose points of view are much more diverse and autonomous, and who are largely not completely under the direction of the Democratic Party.<br />
these are conjectural at this point, but as selise so tactfully notes:</p>
<blockquote><p>everyone, i think, is trying to figure out if on balance the good outweighs the bad. different people will have different answers, that is all.</p></blockquote>
<p>the bad is looking pretty heavy, few can deny that.</p>
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		<title>By: KimKaufman</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59004</link>
		<dc:creator>KimKaufman</dc:creator>
		<pubDate>Fri, 06 Nov 2009 18:45:14 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59004</guid>
		<description>Well, at least we can make this a tiny bit incrementally better by trying to get rid of the Eshoo/Harmon amendment.  Otherwise, I&#039;m calling this the Medical Industrial Complex Enrichment Bill of 2009.  And after it passes, all activists should then start a giant complaint center to document:  the high co-pays people cannot afford, the high deductibles that will still prevent people from using their &quot;insurance&quot; to get health care, and to document all the health care their doctors advise that the insurance companies are going to deny their insurance payees.  I am prepared to pay the penalty rather than be forced to pay an insurance company.</description>
		<content:encoded><![CDATA[<p>Well, at least we can make this a tiny bit incrementally better by trying to get rid of the Eshoo/Harmon amendment.  Otherwise, I&#8217;m calling this the Medical Industrial Complex Enrichment Bill of 2009.  And after it passes, all activists should then start a giant complaint center to document:  the high co-pays people cannot afford, the high deductibles that will still prevent people from using their &#8220;insurance&#8221; to get health care, and to document all the health care their doctors advise that the insurance companies are going to deny their insurance payees.  I am prepared to pay the penalty rather than be forced to pay an insurance company.</p>
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		<title>By: Jane Hamsher</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59001</link>
		<dc:creator>Jane Hamsher</dc:creator>
		<pubDate>Fri, 06 Nov 2009 18:26:45 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59001</guid>
		<description>I&#039;m against it too, but that isn&#039;t really the question, because as I said above, I don&#039;t think that killing it entirely in its current form is possible.  The progressives won&#039;t do it.   

From the time we laid out the whip count effort I said that this is an enormous game of chicken, and in the end, it&#039;s all about who has the most to lose by not passing something.

And that&#039;s definitely the White House.  They will beat the progressives and give everything to the Blue Dogs until they believe there is no chance of getting anything passed by doing that, and they&#039;re not there yet.  The other factor is where the progressives will hold that line (if at all).  They&#039;re not there yet, either.

Fortunately, in this big game of chicken, the progressives have the least to lose. They&#039;re mostly in very safe seats and aren&#039;t on leadership tracks anyway, and the White House already hates them, so enough of them have more to lose if they DON&#039;T oppose it than if they do.</description>
		<content:encoded><![CDATA[<p>I&#8217;m against it too, but that isn&#8217;t really the question, because as I said above, I don&#8217;t think that killing it entirely in its current form is possible.  The progressives won&#8217;t do it.   </p>
<p>From the time we laid out the whip count effort I said that this is an enormous game of chicken, and in the end, it&#8217;s all about who has the most to lose by not passing something.</p>
<p>And that&#8217;s definitely the White House.  They will beat the progressives and give everything to the Blue Dogs until they believe there is no chance of getting anything passed by doing that, and they&#8217;re not there yet.  The other factor is where the progressives will hold that line (if at all).  They&#8217;re not there yet, either.</p>
<p>Fortunately, in this big game of chicken, the progressives have the least to lose. They&#8217;re mostly in very safe seats and aren&#8217;t on leadership tracks anyway, and the White House already hates them, so enough of them have more to lose if they DON&#8217;T oppose it than if they do.</p>
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		<title>By: Jane Hamsher</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-59000</link>
		<dc:creator>Jane Hamsher</dc:creator>
		<pubDate>Fri, 06 Nov 2009 18:17:46 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-59000</guid>
		<description>If I thought that were an option I would be with you, but I honestly don&#039;t think it is.  The Dems are scared and they will pass something, because they think they&#039;ll get killed in 2010 if they don&#039;t.  They&#039;ll likely just make it worse to get it through in exchange for political patronage in districts they feel they are weak.  My guess is they think they can get the ConservaDems on board with the Senate Finance Committee bill, because that&#039;s what they whipped on when they were writing it, and if the House Dems don&#039;t hold out for what&#039;s in the bill now (which I don&#039;t like and opposed the day it came out) that&#039;s where what we&#039;ll get.  Then everyone says &quot;Rahm, you got a &#039;w,&#039; you&#039;re a genius.&quot;

If I am mischaracterizing your position I apologize, but that was my understanding of what you were saying.</description>
		<content:encoded><![CDATA[<p>If I thought that were an option I would be with you, but I honestly don&#8217;t think it is.  The Dems are scared and they will pass something, because they think they&#8217;ll get killed in 2010 if they don&#8217;t.  They&#8217;ll likely just make it worse to get it through in exchange for political patronage in districts they feel they are weak.  My guess is they think they can get the ConservaDems on board with the Senate Finance Committee bill, because that&#8217;s what they whipped on when they were writing it, and if the House Dems don&#8217;t hold out for what&#8217;s in the bill now (which I don&#8217;t like and opposed the day it came out) that&#8217;s where what we&#8217;ll get.  Then everyone says &#8220;Rahm, you got a &#8216;w,&#8217; you&#8217;re a genius.&#8221;</p>
<p>If I am mischaracterizing your position I apologize, but that was my understanding of what you were saying.</p>
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		<title>By: selise</title>
		<link>http://fdlaction.firedoglake.com/2009/11/06/marcy-winograd-jane-harman-profits-from-anti-generics-bill-she-helped-eshoo-pass/#comment-58999</link>
		<dc:creator>selise</dc:creator>
		<pubDate>Fri, 06 Nov 2009 18:16:22 +0000</pubDate>
		<guid isPermaLink="false">http://fdlaction.firedoglake.com/?p=4515#comment-58999</guid>
		<description>thanks! i think you will see that i am trying to combine my ideals with pragmatism, it&#039;s all about trying to recognize the system as it is and then figure out what is the best way forward (not saying my thinking is correct, just that is what i&#039;m trying to do).

later, i&#039;ve got to run too.....

p.s. if i get the chance, i&#039;ll make a transcript for you of the youtube</description>
		<content:encoded><![CDATA[<p>thanks! i think you will see that i am trying to combine my ideals with pragmatism, it&#8217;s all about trying to recognize the system as it is and then figure out what is the best way forward (not saying my thinking is correct, just that is what i&#8217;m trying to do).</p>
<p>later, i&#8217;ve got to run too&#8230;..</p>
<p>p.s. if i get the chance, i&#8217;ll make a transcript for you of the youtube</p>
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