Archive for the ‘The PATRIOT Act’ Category
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.
In the days since Rahm Emanuel’s phone orgy, Democratic support for Bush/neocon policies in Iraq has strengthened and at least one Rep, Jerry McNerney from California, has already reversed his position. Now comes news via Think Progress of a second: Washington’s Brian Baird.
Baird was one of the few Dem Reps who voted against the invasion originally but has been relatively quiet about his opposition to the occupation since. Now that he is supporting the surge, though, as TP put it, “there doesn’t appear to be a camera or microphone that Baird will refuse to speak to.” And most of them are right-wing outlets – Tucker Carlson and the National Review, for instance.
Baird, nationally an unknown, is suddenly in the limelight, his turnaround trumpeted all over the media, after several years of all-but-invisible opposition. And all it took was a single phone call from Rahm.
Tell me again that the Democratic support of Bush, from economic policy to trade policy to foreign policy to illegal surveillance is the result of individual consciences or the Fear Factor.
One more slightly related observation:
Digby is befuddled by the Democrats’ race to authorize more wiretapping power to a patently untrustworthy administration.
Let’s set aside the idea that “trusting” the Bush administration with warrantless wiretaps is like trusting your four year old with a zippo lighter, what kind of bucket-of-lukewarm-spit kind of politics is this? What are they afraid of, that the Bush administration will blame them if a terrorist attack occurs and they didn’t approve another blank check? Guess what? It wouldn’t matter if the Democrats named Bush king with the power to draw and quarter hippies and Muslims on the white house lawn, they will still blame the Democrats if there is another terrorist attack.
I do not know what this latest program is, but whatever it is, it needs to be approved by somebody other than the White House. I’m sorry, but that should be non-negotiable. Dick Cheney has delegated to himself virtually limitless power and he is borderline insane. The executive branch cannot be trusted with additional power of any kind. They have quite enough, thank you.
(emphasis in the original)
Avedon Carol writes at Eschaton (where she was sitting in for Atrios) wondering about lambert’s question at corrente: why aren’t the Dems explicitly condemning the Bush Admin’s anti-Constitutionality and promising to restore the rights Bushies have stolen from us?
The Democrats are under tremendous pressure from the right-wing spinnners on The Hill and their media handmaidens to ignore these important issues. They’re going to ask them about haircuts and cleavage.
So, when we have a chance to get them to talk about important questions, we’d damn well better take it.
We have to push back. That’s what democracy is all about: We have to tell them what we want – and when they are running for office, we have to ask them how they plan to give us what we want.
eRobin at Fact-esque, who was, as usual, ahead of everybody, wrote last week:
I want all the presidential candidates to, at every opportunity, condemn specific steps this president has taken to undermine the Constitution and to pledge to reverse them ALL on his/her first day in office. I am vastly more concerned with their reluctance to do that than I am even with BushCo’s persistence on his unconstitutional path. (from BushCo I worry that we’ll get another 9/11) The damage he’s done can be contained not only by impeachment (which would be my first choice in a reasonable world but is not in this one) but also by immediate repudiation of what he’s done over the last two terms by whoever gets elected to succeed him.
Putting these two concerns together raises a disturbing question, and since it seems to be my function to think the unthinkable and verbalize the thoughts no one else wants to admit having, I will do my duty and turn over the rock.
The Democrats, like everyone else in the known world, are assuming that the White House will belong to them in ’09. Given the Pubs’ apparent determination to self-destruct by strenuously opposing a withdrawal from Iraq and obstructing legislation everybody wants, like the SCHIP expansion, even as they demand more debt-borrowing to finance energy companies, it’s entirely possible that for once they’re right. So:
Is it conceivable that Democrats are reluctant to explicitly condemn the unConstitutional powers assumed by our imperial president because at some level they themselves wants access to at least some of those powers when they gain control again?
The answer, I’m afraid, is Yes.
Some days one wonders if these people have any sense at all – if they ever did.
Despite serious questions about the Bush Administration’s routine violations of FISA and the legality of their wiretapping programs in general, Adm Mike McConnell, who took over as Bush’s Director of National Intelligence just this past February, has, incredibly, sent a letter to Democratic Bush-Buddy Sylvester Reyes, Chairman of the House Intelligence Committee asking for permission to intercept overseas messages between “terrorists”.
Citing a “period of heightened threat” to the U.S. homeland, Director of National Intelligence Mike McConnell asked Congress to “act immediately” to make changes in current law to permit the interception of messages between terrorist targets overseas, which he said now requires burdensome court orders.
In a July 25 letter made public yesterday, McConnell told the chairman of the House Permanent Select Committee on Intelligence, Rep. Silvestre Reyes (D-Tex.), that he hopes Congress “will be able to act immediately . . . to provide the legislative changes needed to protect the nation in this period of heightened threat.”
At issue is a package of changes that the Bush administration wants in the Foreign Intelligence Surveillance Act (FISA) to facilitate the continuation of its terrorist surveillance program. Congress has delayed amending the program pending further study.
Stepping up the pressure on lawmakers after the recently released terrorist threat assessment, McConnell said that “clarifications are urgently needed” in the law to enable the use of “our capabilities to collect foreign intelligence about foreign targets overseas without requirements imposed by an out-of-date FISA statute.”
He added, “As the head of our nation’s intelligence community, I am obligated to provide warning of threats of terrorist activity, and I have deep concern about the current threat situation.”
The underlying question hinges on modern technology: When communications between one foreign-located source and another foreign-located source travel through a U.S.-located terminal or switch, can they be intercepted without a warrant?
For those of you not intelligence experts, a little background:
I have been hinting (here and here) that the Gonzo tumult is a distraction from the main event: Karl Rove’s use of the Justice Dept to provide cover for his planned theft of the 2008 election. While the Congress – and the country – wastes its time and energy trying to get Gonzo Al to resign (we know Bush won’t fire him under any circumstances), Rove’s USA replacements are gearing up for an election full of dirty tricks and illegal rights-embezzling.
Why, for example, was it so damned important to get a legal non-entity like Tim Griffin into a USA spot in a potential swing state that Harriet Miers was willing to pressure top Rove political aide Sara Taylor (who resigned today, perhaps feeling the investigators breathing down her neck and seeing the writing on the wall) to lean on Kyle Sampson and Monica Goodling to fire Bud Cummins so Timmy could have his job?
Let’s see, shall we?
This has been a week in which the Bushies have pulled out all the stops. Under siege from every direction, it seems, up to and including their own party, and in the face of scandals, investigations, and tumbling approval numbers, the White House has significantly stepped up its war against – us.
If you needed any more proof that Bob Mueller’s FBI can’t be trusted from the head down, here it is:
NOW WE KNOW why the government failed to stop 9/11. Embattled FBI Director Robert Mueller told a Senate committee last week that what prevented his agency from halting the attack was its inability to issue warrant-less search orders with the profligacy of a parking ticket officer.
If only it had the currently available unfettered “national security letter” authority to run through personal information data bases without judicial oversight, Mueller suggested, the FBI would have found 9/11 terrorist Khalid al Midhar and through him the other Al Qaeda conspirators. Really?
Midhar was one of the 9/11 terrorists. When he entered the United States, the CIA knew it and knew he was an Al Qaeda terrorist. An FBI agent at the CIA knew he was in the country. Months later FBI headquarters was told, but the agents working the case never told the FBI leadership or the White House.
So what does Mueller want us to believe now, that when the CIA finally told the FBI that Midhar was in the United States that it was the bureau’s difficulty in getting a warrant on a known Al Qaeda terrorist that was responsible for its failure to find him?
Pretty thin, ay? Mueller seems to be in BushPuppet mode, dutifully attempting to shore up the Emperor’s anti-democratic, authoritarian dicta with bogus claims and typical Rove Administration reliance on 9/11 to explain and excuse everything.
Not going to work this time, boys and girls. We won’t be fooled again.