While we know that the eavesdropping ordered by President Bush is exactly the eavesdropping which FISA makes it a criminal offense to engage in, we do not yet know -- thanks to the frenzied efforts of Bush defenders to suppress any and all investigations into the Administration's eavesdropping activities -- the nature and extent of Bush's warrantless eavesdropping program. We do not, for instance, know which Americans were eavesdropped on, how many Americans were subject to this illegal surveillance, how it was determined who would be eavesdropped on, what was done with the information, whether purely innocent Americans had their communications intercepted without judicial approval, etc.

The White House has repeatedly assured us that there is no reason for us to know any of this, and there is nothing for us to worry about, because they are eavesdropping only -- to use a The White House's formulation -- on the "very bad people."

In that regard, John Dean is an excellent witness for the hearings today, since he was part of an Administration which invoked exactly the same rationale. ...

I can see the merits of an immigration policy that lets in lots of immigrants and I can see the merits of one that lets in much fewer immigrants. But a guest worker program -- especially one that envisages large numbers of immigrants here to work on a semi-permanent basis with no prospect or ready access to a path to citizenship -- is wrong. We're not Kuwait and we're not Germany. It's bad for America to have a permanent class of residents who are here for their labor but who are permanently barred from becoming citizens. It's bad for our society. It's bad for the immigrants. And it's bad for citizens who have to compete for jobs against an inherently exploitable class of whatever amounts to 21st century coolie labor.

No surprise President Bush is big in favor of such a bad idea. Bad economics, bad civics, bad social policy.

Yesterday the Washington Times published an article with the headline: "FISA judges say Bush within law." The article, by Brian DeBose, reported:

• A panel of former Foreign Intelligence Surveillance Court judges yesterday told members of the Senate Judiciary Committee that President Bush did not act illegally when he created by executive order a wiretapping program conducted by the National Security Agency (NSA).

Bush's defenders wasted no time jumping to the conclusion that Bush had been vindicated and all this talk of FISA and illegality was utter nonsense. One small problem: the article is complete and utter rubbish.
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I can assure you, though, that at no point did any of the judges come anywhere close to saying that the president "did not act illegally" or that he acted "within the law" when he authorized the NSA warrantless surveillance program.

Anyone who says: "the President has the right to do X under the Constitution and therefore Congress can never regulate it" just has no idea how our system of Government works.

No need to take my word for it. Attorney General Alberto Gonzales even explained these basic precepts -- slowly enough so that they should be understood by everyone -- when he testified before the Judiciary Committee:

Since lobbyists regularly claim they do not buy legislators but rather "educate" them on pending legislation, why not simply pass the following rules?

1. No lobbyists may furnish goods, gifts, or services of any kind to any legislator.

2. No lobbyist may participate in any political campaign.

3. A lobbyist may speak to a legislator only in that legislator's office, and all conversations between them shall be recorded and posted within 24 hours on the legislator's website.

The last provision, of course, would ensure that every lobbyist got the chance to educate us all.

William Rivers Pitt: (Bio)

Consider the facts. For two elections in a row, 2002 and 2004, the GOP was able to successfully demagogue the rafters off the roof about supporting the troops and being patriotic, placing anyone who questioned the merits of the invasion squarely into the category of "traitor." Meanwhile, military contractors with umbilical ties to the administration have cashed in to the tune of hundreds of billions of dollars.

The same goes for the petroleum industries; did you know there are gas lines today in oil-rich Iraq? It's true. The oil infrastructure is fine; indeed, it is the most well-guarded point of pressure in Iraq. There are gas lines because companies like Halliburton are not pumping the oil. They are sitting on it, keeping it as a nice little nest egg.

One would think this administration would be worried about the violence and chaos in Iraq. They aren't, because the violence has become the justification for "staying the course." Bush will mouth platitudes about bringing democracy to the region, but that is merely the billboard. What he and his friends from the Project for the New American Century wanted in the first place, and what they have now, is a permanent military presence over there. There was never any consideration of a timetable for withdrawal, because there was never any intention to withdraw. The violence today is a self-perpetuating justification, a perfect circle lubricated by blood, oil and currency.
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Batting down the "incompetence" argument is easy; all one has to do is see what this administration and its friends have gained in the last five years.

Bush Was Set on Path to War, Memo by British Adviser Says
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... During a private two-hour meeting in the Oval Office on Jan. 31, 2003, he made clear to Prime Minister Tony Blair of Britain that he was determined to invade Iraq without the second (UN) resolution, or even if international arms inspectors failed to find unconventional weapons, said a confidential memo about the meeting written by Mr. Blair's top foreign policy adviser and reviewed by The New York Times.
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The memo indicates the two leaders envisioned a quick victory and a transition to a new Iraqi government that would be complicated, but manageable. Mr. Bush predicted that it was "unlikely there would be internecine warfare between the different religious and ethnic groups." Mr. Blair agreed with that assessment.
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At their meeting, Mr. Bush and Mr. Blair candidly expressed their doubts that chemical, biological or nuclear weapons would be found in Iraq in the coming weeks, the memo said. The president spoke as if an invasion was unavoidable. The two leaders discussed a timetable for the war, details of the military campaign and plans for the aftermath of the war.
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Despite intense lobbying by the United States and Britain, a second United Nations resolution was not obtained. The American-led military coalition invaded Iraq on March 19, 2003, nine days after the target date set by the president on that late January day at the White House.

FBI Keeps Watch on Activists
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Elizabeth Wagoner said she was one of the few students who objected to the groups' inclusion on the list. "My friends do Indymedia," she said. "My friends aren't terrorists."

Rasner said that he'd never heard of the two groups before and didn't mean to condemn them. But he added that it made sense to worry about violent people emerging from anarchist networks — "Any group can have somebody that goes south."

The Supreme Court this week will hear arguments in a big case: whether to allow the Bush administration to try Guantánamo detainees in special military tribunals with limited rights for the accused. But Justice Antonin Scalia has already spoken his mind about some of the issues in the matter. During an unpublicized March 8 talk at the University of Freiburg in Switzerland, Scalia dismissed the idea that the detainees have rights under the U.S. Constitution or international conventions, adding he was "astounded" at the "hypocritical" reaction in Europe to Gitmo. "War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," he says on a tape of the talk reviewed by NEWSWEEK. "Give me a break."
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Scalia didn't refer directly to this week's case, Hamdan v. Rumsfeld, though issues at stake hinge in part on whether the detainees deserve legal protections that make the military tribunals unfair. "As these things mount, a legitimate question could be asked about whether he is compromising the credibility of the court," said Stephen Gillers, a legal-ethics expert.

3.25.2006 Glenn Greenwald:

Administration tells Congress (again) - We won't abide by your "laws"
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Can that be any clearer for you - Congressmen, Senators, journalists? The President is bestowed by the Constitution with the unlimited and un-limitable power to do anything that he believes is necessary to "protect the nation." Thus, even if Congress passes laws which seek to limit that power in any way, and even if the President agrees to those restrictions and signs that bill into law, he still retains the power to violate it whenever he wants.

3.24.2006 Chris Matthews: "They don't want the whole truth out and that's the fact." Crooks and Liars And The dubya chronicles March 26, 2006

3.24.2006 Charlie Savage: "Bush shuns Patriot Act requirement"

When President Bush signed the reauthorization of the USA Patriot Act this month, he included an addendum saying that he did not feel obliged to obey requirements that he inform Congress about how the FBI was using the act's expanded police powers
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Bush's expansive claims of the power to bypass laws have provoked increased grumbling in Congress. Members of both parties have pointed out that the Constitution gives the legislative branch the power to write the laws and the executive branch the duty to ''faithfully execute" them.
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Bush wrote: ''The executive branch shall construe the provisions . . . that call for furnishing information to entities outside the executive branch . . . in a manner consistent with the president's constitutional authority to supervise the unitary executive branch and to withhold information . . . "

Doctors Against Research?

Here's the bad news: If you are a pregnant woman reading this, there is a 1-in-166 chance that your child will develop autism, according to the Centers for Disease Control and Prevention. If it's a boy, the odds are about 1-in-80; twin boys, half that.

Now here's the worse news: Apparently, your pediatrician's professional academy doesn't want Congress to do anything about it.

Fly Into a Building? Who Could Imagine?
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Of all the through-the-looking-glass moments in the last few days, the strangest is this: The F.B.I officer who arrested and questioned Zacarias Moussaoui told a jury that he had alerted his superiors about 70 times that Mr. Moussaoui was a radical Islamic fundamentalist who hated America and might be plotting to hijack an airplane.

Seventy? That makes one time for every virgin waiting for Mr. Moussaoui in heaven. Judging by how disastrously the prosecution is doing, the virgins will have to wait.

So, as Justice Scalia feared, Rashaw is convicted at trial of illegal possession of firearms, and gets 30 years for uncharged murders. But this case does not exactly fit Justice Scalia's description: the Eighth Circuit notes that "Rashaw points out the guns he possessed with respect to his sentence were not involved in the double homicide." No problem, says the Eighth Circuit: "The § 2K2.1 enhancement for using a firearm in another felony need not be the same firearm involved in the offense of conviction." Wow!

I’m sitting here trying to think what makes this year, 2006, so much worse than 2005 or 2004. It’s not the outward differences- things such as electricity, water, dilapidated buildings, broken streets and ugly concrete security walls. Those things are disturbing, but they are fixable. Iraqis have proved again and again that countries can be rebuilt. No- it’s not the obvious that fills us with foreboding.

The real fear is the mentality of so many people lately- the rift that seems to have worked it’s way through the very heart of the country, dividing people. It’s disheartening to talk to acquaintances- sophisticated, civilized people- and hear how Sunnis are like this, and Shia are like that… To watch people pick up their things to move to “Sunni neighborhoods” or “Shia neighborhoods”. How did this happen?
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It was years later before I learned that half the family were Sanafir, and the other half were Shanakil, but nobody cared. We didn’t sit around during family reunions or family dinners and argue Sunni Islam or Shia Islam. The family didn’t care about how this cousin prayed with his hands at his side and that one prayed with her hands folded across her stomach. Many Iraqis of my generation have that attitude. We were brought up to believe that people who discriminated in any way- positively or negatively- based on sect or ethnicity were backward, uneducated and uncivilized.
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And what role are the occupiers playing in all of this? It’s very convenient for them, I believe. It’s all very good if Iraqis are abducting and killing each other- then they can be the neutral foreign party trying to promote peace and understanding between people who, up until the occupation, were very peaceful and understanding.

Since the Republican majority has decided to allow President Bush to usurp Congress’s role in matters of national security, the battle to save the constitutional balance of powers moves to the judiciary. A critical test of judicial independence will come this month, when the Supreme Court hears arguments in a case that has become a focus of Mr. Bush’s imperial vision of the presidency.

Salim Ahmed Hamdan, a Yemeni national accused of having been a bodyguard and driver for Osama bin Laden in Afghanistan, has been detained since 2002 in Guantánamo Bay. He filed suit to challenge the legitimacy of the military commission that upheld his designation as an “unlawful enemy combatant” — a term Mr. Bush invented after 9/11 to deny the protections of the Geneva Conventions, international statutes or United States law to certain prisoners.

Mr. Hamdan argued, rightly, that the commissions are not legitimate because prisoners are routinely barred from seeing evidence, much less confronting their accusers or having access to real legal representation. But his case has now become a much larger battle over the principle of habeas corpus, which is embedded in the Constitution and says that a prisoner cannot be denied the right to challenge his detention. Mr. Bush’s decision after 9/11 that he had the power to put prisoners beyond the reach of the law at his choosing was the first attempt to suspend habeas corpus on American territory since the Civil War.
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The Supreme Court two years ago emphatically rejected the president’s claim that its jurisdiction did not extend to Guantánamo. Seeking to reverse that ruling, the White House in December helped push through a special amendment as part of the deal that also saw Mr. Bush sign a watered-down ban on torture of military detainees. The amendment, sponsored by Senator Lindsey Graham, a Republican, and Senator Carl Levin, a Democrat, stripped Guantánamo detainees of the normal rights of judicial review. It also designated a single appellate court to conduct a limited review of decisions by the military commissions, and left “enemy combatants” held without a trial in a seemingly inescapable legal black hole.

As soon as Mr. Bush signed this law, he declared that the administration was going to apply it to all pending cases, about 160 or so, and the solicitor general told the Supreme Court it no longer had a right to hear Hamdan v. Rumsfeld. This is court-stripping — the attempt by another branch of government to prevent the court from deciding a particular issue. The White House tried to justify this outrageous tampering with the judiciary by ignoring the new law’s actual language and legislative history to argue that the new legislation took away the power of the courts to hear not just future cases but also cases already filed and accepted for review. The Supreme Court responded by adding the jurisdictional objection to the list of issues it will consider when the case is heard on March 28.

January 12, 2006

Throughout the consideration of the bill, the White House repeatedly urged the inclusion of language that would have stripped the courts of jurisdiction over pending cases. In each case, I objected to this language. As a result, no such language was included in the final version of the legislation. (Emphasis his)

What we have done in this amendment, we have said that the standards in the amendment will be applied in pending cases, but the amendment will not strip the courts of jurisdiction over those cases. For instance, the Supreme Court jurisdiction in Hamdan is not affected.

So where does the notion of Bush the big spender come from? In a direct sense it comes largely from Brian Riedl of the Heritage Foundation, who issued a report last fall alleging that government spending was out of control. Mr. Riedl is very good at his job; his report shifts artfully back and forth among various measures of spending (nominal, real, total, domestic, discretionary, domestic discretionary), managing to convey the false impression that soaring spending on domestic social programs is a major cause of the federal budget deficit without literally lying.

But the reason conservatives fall for the Heritage spin is that it suits their purposes. They need to repudiate George W. Bush, but they can’t admit that when Mr. Bush made his key mistakes — starting an unnecessary war, and using dishonest numbers to justify tax cuts — they were cheering him on.

This is just one program in a range of cancer services that rely on support from the federal government. As if immune to the extent of human suffering involved, President Bush has proposed a barrage of cuts for these programs.

“What’s really amazing,” said Mr. Smith, “is that the president cut every cancer program. He cut the colorectal cancer program. He cut research at the National Cancer Institute. He cut literally every one of our cancer-specific programs. It’s incomprehensible.”

The question of whether basic truths of nature can be owned ought not to be confused with concerns about how we pay for biotech development, whether we will have drugs in the future, and so on. If you invent a new test, you may patent it and sell it for as much as you can, if that's your goal. Companies can certainly own a test they have invented. But they should not own the disease itself, or the gene that causes the disease, or essential underlying facts about the disease. The distinction is not difficult, even though patent lawyers attempt to blur it. And even if correlation patents have been granted, the overwhelming majority of medical correlations, including those listed above, are not owned. And shouldn't be.

The last three years have shown how little our national leaders understood Iraq, and have reminded us how badly attempts at liberation from the outside have gone in the past. Given where we are now, the question of whether a botched invasion created a lost opportunity might be moot, except for one thing. The man who did the botching, Donald Rumsfeld, is still the secretary of defense.

A federal appeals court blocked the Bush administration's four-year effort to loosen emission rules for aging coal-fired power plants, unanimously ruling yesterday that the changes violated the Clean Air Act and that only Congress could authorize such revisions.

When Bush administration lawyers can't convince her on this, you know they're wrong."

3.16.2006 "Stop Bush's War" By Bob Herbert

An ocean of blood has been shed in Mr. Bush’s mindless war, and there is no end to this tragic flow in sight.
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Everyone who thought this war was a good idea was wrong and ought to admit it. Those who still think it’s a good idea should get therapy.
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Invading Iraq was a disastrous move by the Bush administration, and there is no satisfactory solution forthcoming. The White House should be working cooperatively with members of both parties in Congress to figure out the best way to bring the curtain down on U.S. involvement.

Before that can begin to happen, the administration will have to rid itself of the delusion that things are somehow going well in Iraq. The democracy that was supposed to flower in the Iraqi desert and then spread throughout the Middle East was as much a mirage as the weapons of mass destruction.

President Bush continues to assert that our goal in Iraq is “victory.” Gen. Peter Pace, chairman of the Joint Chiefs of Staff, recently told Tim Russert that things were going “very, very well” in Iraq.

They are still crawling toward the mirage. It’s time to give reality a chance.

3.16.2006 "Security Clearance Rules May Impede Gays"

The Bush administration (President Bush) said security clearances cannot be denied "solely on the basis of the sexual orientation of the individual." But it removed language saying sexual orientation "may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance."
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Rules approved by President Clinton in 1997 said that sexual behavior may be a security concern if it involves a criminal offense, suggests an emotional disorder, could subject someone to coercion or shows a lack of judgment.

The regulation stated that sexual orientation "may not be used as a basis for or a disqualifying factor in determining a person's eligibility for a security clearance."

The contaminated, non-chlorinated water at Ar Ramadi was discovered in March 2005 in a commode by Ben Carter, a KBR water expert at the base. In an interview, Carter said he resigned after KBR barred him from notifying the military and senior company officials about the untreated water.