Archive for the ‘The Constitution’ Category
I believe I have figured out who will be Obama’s next candidate to head the Office of Legal Counsel now that Dawn Johnsen has been found unacceptable due to an excess of integrity and a lack of appreciation for the wonderfulness of torture. Here’s an example of this candidate’s clarion thinking. On the Wikileaks video:
Now, is this video disturbing? Of course. Were atrocities committed, innocents slaughtered, corpses desecrated and children maimed? Absolutely. But was it all done according to proper procedure? Ah, now, that’s the question. We should all certainly be willing to support a full and complete investigation into the possibility of an official recommendation for preliminary motions toward an investigation, looking into the matter of whether or not the people here were properly murdered in triplicate, signed twice on the goldenrod form, in accordance with the Code of Canon Law. And we shouldn’t rest until any guilty parties have been found, and strongly-worded disciplinary Post-Its firmly applied to their personnel files.
Apart from that, I don’t think we have to spend much time thinking about this sort of thing – this is an isolated incident, just like this and this and this andthis and this and this and this and this and this – and one has to accept a certain amount of rape, torture and murder with one’s military.
The guy’s a perfect fit.
Way back in April of last year I wrote that there are some things that are above political loyalty and that the Constitution is one of them. In July I wrote in a post titled “The Constitution Doesn’t Poll Very Well” that noted how busily the Obama Admin and Congressional Blue Dogs were gutting the Bill of Rights. This past February I listed a number of Bush’s illegal powers that Obama was protecting despite his promises for “transparency, accountability and openness”. Now I have to report that Obama has decided to protect the people who retroactively wrote legal justifications for this illegal and immoral policy, defend the policy itself, and worst of all, accept torture as legitimate behaviour once he puts a Yoo-style legal framework around it so we can all pretend it isn’t inhuman.
As the attorney general, Eric H. Holder Jr., debates whether to appoint a criminal prosecutor to investigate the interrogations of terrorism suspects after the attacks of Sept. 11, 2001, he is at the brink of a career-defining decision that risks the anger of the White House and the Central Intelligence Agency, one of the Justice Department’s main partners in combating terrorism.
There is no surprise then that Mr. Holder is said by officials to have been resistant at first to the idea of appointing a prosecutor, particularly since the Obama administration has made it clear that it wants to put the issue of interrogation practices during the Bush administration behind it.
Mr. Holder has told associates he is weighing a narrow investigation, focusing only on C.I.A. interrogators and contract employees who clearly crossed the line and violated the Bush administration’s guidelines and engaged in flagrantly abusive acts.
But in taking that route, Mr. Holder would run two risks. One is the political fallout if only a handful of low-level agents are prosecuted for what many critics see as a pattern of excess condoned at the top of the government. The other is that an aggressive prosecutor would not stop at the bottom, but would work up the chain of command, and end up with a full-blown criminal inquiry into the intelligence agencies — just the kind of broad, open-ended criminal investigation the Obama administration says it wants to avoid.
AG Holder is caught between a rock and a hard place. He’s under pressure both ethically and legally to prosecute torturers yet his boss doesn’t want him to prosecute any of the people who devised and ordered the torture to occur. Glenn Greenwald put what this means succinctly.
[T]he Newsweek reporter who first printed what DOJ officials told him about Holder’s intentions, Daniel Klaidman, confirmed in an interview on The Young Turks that Holder intends to confine any investigations only to “rogue” interrogators who exceeded John Yoo’s torture permission slips while shielding high-level Bush officials who acted in accordance with Yoo’s decrees. Proving yet again that there is nothing more difficult than satirizing our rotted political culture, here is what I wrote about Holder’s intentions last week:
Holder’s plan, at least at the moment, is — from the start — to confine the prosecutors’ authority to investigate to CIA agents who went beyond what John Yoo and George Bush decreed could be done (“he used more water than Yoo said he could”; “he tied him up for longer than Yoo authorized”; “the room was colder and the freezing water icier than Yoo allowed”). At least if these reports are accurate (and, for several reasons, that’s unclear), anyone who “merely” did what John Yoo said was legal — meaning everyone who matters — will be shielded and immunized.
If low-level CIA interrogators — and only them — end up as the targets of investigations because they used m0re water than John Yoo allowed, or turned the thermostat lower than the hypothermic levels which the DOJ permitted, or waterboarded with more frequency than Jay Bybee approved, I wouldn’t blame the CIA for being furious. It was the regime itself, implemented at the highest levels of our government, that was criminal. Prosecuting only low-level interrogators who followed the torturing spirit of those policies but transgressed some bureaucratic guidelines would be a travesty on par with what happened with the Abu Ghraib “investigations.”
(emphasis in original)
Worse, by putting the legal emphasis on whether or not the interrogators had exceeded the authority given them by Yoo and Bybee and the other apologists, Obama is tacitly accepting the Yoo/Bybee/Addington/Cheney assertion that a) torture is legal in the US and b) the president can legally order an illegal procedure as long as it is kept within whatever bounds are set by the president. Which in turn means that torture is now legal and that US presidents have the power to ignore treaty law, international law, and domestic law – the Constitution – just as Bush/Cheney claimed they did. It is a de facto rather than de jure assumption of power, quiet, even stealthy. Without facing the issue squarely, discussing it openly, or explaining it clearly, the Obama Admin is simply going to act as if it’s true, thus creating precedent and making it true.
Obama’s actions are, at best, a mixed blessing so far. He has surrounded himself with establishmentarian Blue Dogs and Democrat conservatives, from his powerful Chief-of-Staff, Rahm Emmanuel, to Treas Sec Timmy Geithner (a Wall Street Willie if ever there was one), Leon Panetta at the CIA, and Larry Summers as a Presidential Advisor. While he has talked eloquently about Wall Street’s responsibility for the mess, he insisted in $billions$ in bail-out money to moribund, clueless auto CEO’s and is about to hand over another $30B to AIG because, you know, it ran through the first $100B paying for parties and executive bonuses.
But all of that was prelude to the real danger. It puts in context a much more conservative agenda. In “Dump the Dems 6” I warned, “The Democrats aren’t pretending to be like the Pubs to get elected. They are like the Pubs.” Obama seems to be going out of his way to prove it. Glenn Greenwald again reports on the heels of Marcy Wheeler’s excellent summation of the recent moves by the Obama Admin to make exactly the same arguments of presidential power that Bush made.
[T]he Obama DOJ is now spouting the Cheney/Addington view of government in its purest and most radical expression.
The brief filed by Obama on Friday afternoon (.pdf) has to be read to believed. It is literally arguing that no court has the power to order that classified documents be used in a judicial proceeding; instead, it is the President — and the President alone — who possesses that decision-making power under Article II, and no court order is binding on the President to the extent it purports to direct that such information be made available for use in a judicial proceeding.
What I’ve been afraid of is happening right now. Obama and the conservative Democrat leadership are fighting to preserve the very same power Obama criticized Bush for taking, using the same autocratic arguments that Bush used. Does it make them right just because a Democrat says them?
Of course not.
For the last year or so I’ve been saying, to much abuse (when I could get anybody to listen at all) that there was nothing accidental about the Democrats’ giving in to Bush, that it had nothing to do with cowardice or political expediency or appeasement. Back last June, late in the process, I wrote this after the FISA betrayal:
Call it a prediction if you like. I knew the leadership would get FISA passed despite the numbers of ordinary Democrats who were against it because the leadership are all in the DLC/BD Alliance and the Alliance believes in modern conservative ideals like the restoration of a monarchy – or at least monarchic powers – in America…. [T]his was no accident. It was deliberate. It was design.
The Democrats aren’t pretending to be like the Pubs to get elected. They are like the Pubs. They’re under the thumb of a minority of conservative Dems who are, like the Likkud in Israel, warping the party to suit themselves and their conservative agenda. Like conservatives everywhere, they don’t care what the people want, they don’t care what the polls say, and they don’t give a rat’s ass what the majority in their own party thinks. Like Steny Hoyer and Nancy Pelosi, they’re going to do what they damn well please and if the membership doesn’t like it, fuck em.
And like the Pubs, these are no longer people liberals and progressives can compromise with. The FISA bill proves it. They will simply adopt the Republican trick of claiming a compromise when what they’ve really done is craft the right-wing conservative agreement the conservative minority demands.
That prediction has been borne out as well. We have just seen that trick played out over the stim pack, and the proof of the Democrat party’s monarchic tendencies came yesterday when, given an opportunity to return to the rule of law, Obama refused to rescind one of Bush’s primary “unitary president” moves toward giving presidents the power of kings. Read the rest of this entry »
Glenn Greenwald confirms what I wrote five years ago: that the militarization of our politics was a Bush/neocon goal and that it has succeeded. Joe Biden, a supposed Democrat, is referring to Obama as our next Commander-in-Chief.
Biden’s formulation here is a particularly creepy rendition, since he’s taunting opponents of Obama that, come Tuesday, they will be forced to refer to him as “our commander in chief Barack Obama” (Sarah Palin, in the very first speech she delivered after being unveiled as the Vice Presidential candidate, said of John McCain: “that’s the kind of man I want as our commander in chief,” and she’s been delivering that same line in her stump speech ever since).
This is much more than a semantic irritant. It’s a perversion of the Constitution, under which American civilians simply do not have a “commander in chief”; only those in the military — when it’s called into service — have one (Art. II, Sec. 2).
Worse, “commander in chief” is a military term, which reflects the core military dynamic: superiors issue orders which subordinates obey. That isn’t supposed to be the relationship between the U.S. President and civilian American citizens, but because the mindless phrase “our commander in chief” has become interchangeable with “the President,” that is exactly the attribute — supreme, unquestionable authority in all arenas — which has increasingly come to define the power of the President.
There is no reason whatever to back the Democrats.
That’s the lesson we learned the past couple of weeks as Barack Obama forever soiled his undies when ordered to by the DLC, and the 4th Amendment was sent packing in a secret midnight meeting the Dem Leaders (Steny Hoyer, Jay Rockefeller, and Sylvestre Reyes) had with the Pubs and didn’t even bother to tell the membership about. The DLC/BD contingent is a minority with a very Pub-like disgust for democracy because it’s so hard to get anything done when you have to convince people to go against their best interests and the best interests of the country. They keep crabbing about the Constitution and stuff (as if that meant anything any more – “9/11 changed everything! 9/11 changed everything!!“), and how can you talk sense to people like that?
The new statute permits the NSA to intercept phone calls and e-mails between the U.S. and a foreign location, without making any showing to a court and without judicial oversight, whether or not the communication has anything to do with al Qaeda — indeed, even if there is no evidence that the communication has anything to do with terrorism, or any threat to national security.
As I’ve previously explained, the NSA’s objective here is not simply to surveil foreigners who it already suspects as being part of al Qaeda — it can easily obtain a FISA order as to those folks. Nor is the purpose of the new law to allow warrantless surveillance of international-to-international calls — that’s already legal, too. As is the warrantless overseas interception of calls between foreigners and U.S. persons.
What the agency is seeking, instead, is to be able to intercept foreign communications (i) coming across domestic wires where (ii) NSA does not have probable cause to believe that any of the parties is a terrorist or agent of a foreign power; and (iii) there is a chance that some of the intercepted communications will be with persons in the U.S.
The new law allows the NSA to do this, by permitting what David Kris has called a form of “vacuum-cleaner” surveillance that (in the words of the new law) “target[s] . . . persons reasonably believed to be located outside the United States to acquire foreign intelligence information.”
Under this new standard, there’s no need that the surveillance have any connection to al Qaeda, or terrorism, or even to national security. The only substantial requirements are that someone overseas be a “target” and that one “significant purpose” of the surveillance be to acquire “foreign intelligence information” — which is very broadly defined to include most anything that occurs overseas and in which the federal government might have an interest (including information necessary to protect against the full range of foreign threats to national security, and information with respect to a foreign power that is necessary to the national defense or foreign affairs).
That’s what Democrats have done. Not Republicans, not Stalinist Commies. Democrats. Specifically, the DLC-run leadership. The message is clear: as far as the DLC/Blue Dogs are concerned, FDR Democrats – liberals – are a thing of the past and from this point on the New Democrats – conservative DLC Democrats – are running things to suit themselves and if you don’t like it, wha’d’ya plan to do about it? Vote for a Republican? By gawd, they’re even worse! Hah! You’re stuck.
No, we’re not. We have options. The best one is to defeat the damn GOP conservatives who have infiltrated the party and grabbed hold of all the leadership positions. The Blue Dogs MUST go down to defeat if we are to replace the New Democrat party of autocrats and corporate stooges with Old Democrats who believe in stuff like universal health care, worker and consumer protections, the Constitution, community, and generosity to those less fortunate. (The Blue Dogs would run the less fortunate over in a truck if they were lying dying on the road because, after all, the BD’s are really Republicans and to a Pub anybody lying in the road deserves to be run over with a truck as a lesson not to lie in roads.) “Compassionate conservatives” my heiny. As we know know, that’s an oxymoron. Conservatives are never compassionate, and anyone who is compassionate isn’t a conservative.
The second possibility – don’t laugh – is to build a Third Party. And yes, it’s possible. Difficult – very difficult – but possible. And you know what? To be effective, it doesn’t even have to win, only scare the New Democrats into thinking they might lose.
The important thing is that we must be ready to Dump the Dems. If we’re not, neither of these options will work because they’ll have no reason to pay any attention to us.
Are you ready yet? What’s it going to take before you’ll be ready to risk a Pub win in order to get your party back? I really want to know. It’s fish or cut bait time.
In the first case to review the government’s secret evidence for holding a detainee at Guantánamo Bay, Cuba, a federal appeals court found that accusations against a Muslim from western China held for more than six years were based on bare and unverifiable claims. The unclassified parts of the decision were released on Monday.With some derision for the Bush administration’s arguments, a three-judge panel said the government contended that its accusations against the detainee should be accepted as true because they had been repeated in at least three secret documents.The court compared that to the absurd declaration of a character in the Lewis Carroll poem “The Hunting of the Snark”: “I have said it thrice: What I tell you three times is true.”
This Administration appears to lie about everything, even the evidence – or lack of it – that it claims justifies holding men and even children in prisons withiout trial for 6 years. Like Ashcroft in Germany, the Bush Administration wasn’t refusing them their day in court because they were dangerous but because Bush didn'[t want us to know they weren’t, that the whole detainee thing had been a bust from the git-go. So why in heaven’s name should we believe them when they claim yet another detainee ought to be killed because he was behind the attack on the Cole?
A Pentagon official announced war crimes charges Monday against a detainee at Guantánamo Bay, Cuba, suspected of helping to plan the attack on the Navy destroyer Cole in 2000 that killed 17 American sailors.
Military prosecutors said they were seeking the death penalty against the detainee, Abd al-Rahim al-Nashiri, a Saudi who has long been described by American officials as Al Qaeda’s operations chief in the Persian Gulf and the primary planner of the October 2000 attack on the Cole.
Mr. Nashiri is one of three detainees who the C.I.A. has acknowledged were subjected to waterboarding, the interrogation technique that simulates drowning. Mr. Nashiri was interrogated in the agency’s secret prisons before he was transferred to Guantánamo in 2006.
There hasn’t been a shred of evidence, ever, that Nashiri weas guilty of anything except by the Bush Administration’s unsupported word for it – a word that is worth less than nothing considering its total lack of credibility. Yet the Bush lawyers are demanding the death penalty. For war crimes. Talk about the pot and the kettle.
If one word of that so-called “evidence” came from Nashiri’s being tortured, then legally it has to be thrown out. A co-erced confession IS NOT ADMISSIBLE, not in a civilian court. Maybe in the Kangaroo tribunals the Bushies have dreamed up, but nowhere else in the civilized world. If that’s how they came by it, it’s hopelessly tainted and so is their whole case. Not that they seem to care. They’re going ahead with the trial despite the CIA’s admission, and after all, what do they really have to fear in the way of consequences? Not much, it seems.
A federal appeals court on Monday dismissed a lawsuit filed by a Syrian-born Canadian man who had accused the United States of violating the law and his civil rights after he was detained at Kennedy Airport and sent to Syria under what he claims was an act of “extraordinary rendition.”
The man, Maher Arar, tried to win civil damages from United States officials in his suit, but the United States Court of Appeals for the Second Circuit in New York ruled that because he was never technically inside the United States, his claims could not be heard in the federal courts.
While stating that “threats to the nation’s security do not allow us to jettison principles of ‘simple justice and fair dealing,’ ” the majority opinion ruled nonetheless that Mr. Arar, who had been seized as he tried to change planes at Kennedy Airport while flying back to Canada from Switzerland, had no federal standing in his case and that the government did not violate the Torture Victim Protection Act by sending him abroad.
I can hear Lil Dick and Dave Addington chuckling over it now. They got away with it again – on a technicality. They arranged to keep their bloody hands clean even though they arranged for an innocent man to be tortured because technically he wasn’t in the US at the time theyn had him picked up. Giggle giggle. What fun. Put it over on us again, didn’t you?
FISA should never be passed if for no other reason than because the govt can’t be trusted to look at any interests but its own or nopt use its power – whatever powers we give it – to get what it wants. Our experience with Bush proves it’s a HORRENDOUSLY BAD IDEA TO GIVE ANY PRESIDENT THAT KIND OF POWER.
So why is our Democratic Congress giving it to them? Hmm?