Alan Greenspan:"I am saddened that it is politically inconvenient to acknowledge what everyone knows:
the Iraq war is largely about oil"Naomi Kline:
"Are you aware that, according to the Hague Regulations and the Geneva Conventions, it is illegal for one country to invade another over its natural resources?"
9.30.2007 Pentagon Issues Blackwater New $92 Million Contract
Last Thursday, Gen. Peter Pace told reporters, “Blackwater has been a contractor in the past with the department and could certainly be in the future.” The next day, that future was already here. The Pentagon had issued a new list of contracts, including one worth $92 million to Presidential Airways, the “aviation unit of parent company Blackwater.”9.25.2007 Counter
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"This contract was competitively procured and two timely offers were received. The performance period is from 1 Oct. 2007 to 30 September 2011."
In any case, their ability and willingness to pivot like this and change the entire rationale for their war in Iran ought to be reason enough to oppose the idea. That's true, first of all, because it strongly suggests both rationales were just more manufactured evidence. But also because, as the Iraq war showed us, if we go to war without a clearly defined rationale and goal, we're going to get stuck in yet another desert quagmire.See also Kagro X
The gist of Hersh's comments on CNN? That changing the "mission" with regard to Iran makes an attack more palatable to the American public. Instead of the failed smoking gun/mushroom cloud line...9.29.2007 Here is a good article by Ezra Klein on the candidates' health care proposals.Hersh: You can also sell counter-terror, it’s much more logical. You can say to the American people, we’re only hitting these people that are trying to kill our boys and the coalition forces and so that seems to be more sensible, The White House thinks they can actually pitch this, this would actually work…
9.29.2007 The ‘Restore Patriotism to University Campuses Act’: The name of Rep. Duncan Hunter’s (R-CA) bill to cut off all federal funds to Columbia University because of the Ahmadinejad speech.
9.29.2007 Things Go Better With Rules NYT Editorial
To hear the nation’s top economic officials tell it, the worst effect of the reckless mortgage lending during the housing bubble is not mass foreclosures, bankruptcies, investor losses or credit seizures. It is the possibility that the turmoil could lead to new regulation.9.28.2007 Hillary, the AUMF and the Kyl-Lieberman amendment Kagro X
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During the bubble, regulators allowed financial market participants to run amok. To help ensure that does not happen again, consumer protections that have languished, like providing loan disclosures in a borrower’s native language, need to be reinvigorated and violators prosecuted. Loan-making standards need to be subject to regulatory scrutiny, both at banks and nonbanks. The system must be rid of perverse incentives that made it profitable for brokers and lenders to make reckless loans.
This isn't meant to be a criticism of Hillary Clinton in particular. But it's going to end up that way, because she's the only one of the sitting Democratic Senators running for president who voted for the Kyl-Lieberman amendment the other day.9.29.2007 Seymour Hersh:
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But both amendments got votes from Democratic Senators, and both prompted those Democrats to issue statements explaining why they'd vote for such a thing. In the first instance, I looked at Senator Feingold's reasoning. Today it's Clinton's. And here's the thing: in each case, we have a Democratic Senator who feels sure that the resolution does not authorize the use of force against Iran.But in both cases, we've still got an "administration" that simply doesn't believe it needs Congressional authorization at all.
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The thing to keep in mind here is that Yoo studiously avoided the use of the word "authorization," even going so far as to refuse to call the Authorization for the Use of Military Force (AUMF) by that designation, referring to it only as "the Joint Resolution." This is because this "administration" still firmly believes that the president has the "inherent power" to strike any enemy on his own say-so, and that Congress, no matter how it styles its resolutions, can say no different.
The focus of the plans had been a broad bombing attack, with targets including Iran’s known and suspected nuclear facilities and other military and infrastructure sites. Now the emphasis is on “surgical” strikes on Revolutionary Guard Corps facilities in Tehran and elsewhere, which, the Administration claims, have been the source of attacks on Americans in Iraq. What had been presented primarily as a counter-proliferation mission has been reconceived as counterterrorism.9.29.2007 In re Toobin Stephen Griffin
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The former intelligence official added, “There is a desperate effort by Cheney et al. to bring military action to Iran as soon as possible. Meanwhile, the politicians are saying, ‘You can’t do it, because every Republican is going to be defeated, and we’re only one fact from going over the cliff in Iraq.’ But Cheney doesn’t give a rat’s ass about the Republican worries, and neither does the President.”
Here’s one insight from Toobin that seems intuitively correct, but I haven’t seen emphasized by anyone else. “Bush had a businessman’s contempt for lawyers generally, and he viewed the process of choosing judges with impatience.” (p. 260) “All of the top officials who were considering Miers’s appointment –Bush, Cheney, Card, Rove, and Miers herself—had relatively little idea what Supreme Court justices actually do all day. . . .Everyone in Bush’s inner circle came out of the corporate world, where they believed that good judgment and instincts mattered more than reflective analysis. The same was true for corporate lawyers. Bush would never have dreamed of asking prospective members of his cabinet for writing samples, and he didn’t require them of Miers either. For the president, it was not a problem that Miers had no writing to offer.” (p. 288) Now think about this in relation to executive power and you have a worthwhile insight into what has been going on at the White House.9.28.2007 Sancy Levinson compares Blackwater to the Bank of the United States
Similarly, Blackwater is a private business that has even more of the appurtenances of sovereignty (such as avoiding legitimate taxation, as with the Bank) than the BUS. Blackwater can apparently kill at will, without having to suffer any potential legal consequences from either the decidedly non-sovereign Iraqi government or even the ostensibly sovereign US government.9.28.2007 Hired Gun Fetish By PAUL KRUGMANBlackwater is presumably the beneficiary of a catch-22 feature of the state action doctrine: It is, like the Bank, fundamentally an instrumentality of the US with regard to immunity from prosecution (more immune, apparently, even than the military). On the other hand, we all know that ordinary constitutional limits don't apply to Blackwater because it is a "private" organization. (Query: Will the Bush Administration invoke a "state secret' privilege with regard to any private litigation filed against Blackwater, which will presumably claim full authority to do whatever they've done (save for attempting to set up some individual "rogues" as fall guys).
One presumes that we will see greater privatization of the military, not least because We the People can, though contract, pay the Blackwater employees high salaries, whereas We the Same People, however much we profess to love our heroes in the military, are unwilling in fact to pay them what they deserve, especially with regard to medical services down the pike. An altogether depressing picture. Jack and I have been writing of the rush toward a Surveillance State. Perhaps we should add to this the concomitant rush toward the "mercenary (or Hessian) state," which will have more and more entities with literal life-and-death power not subject in any serious sense to constitutional (or, as with Blackwater, any) legal constraints.
Sometimes it seems that the only way to make sense of the Bush administration is to imagine that it’s a vast experiment concocted by mad political scientists who want to see what happens if a nation systematically ignores everything we’ve learned over the past few centuries about how to make a modern government work.9.26.2007 Patriot Act Provisions Voided -- Judge Rules Law Gives Executive Branch Too Much Power By Dan Eggen, Washington Post Staff WriterThus, the administration has abandoned the principle of a professional, nonpolitical civil service, stuffing agencies from FEMA to the Justice Department with unqualified cronies. Tax farming — giving individuals the right to collect taxes, in return for a share of the take — went out with the French Revolution; now the tax farmers are back.
And so are mercenaries, whom Machiavelli described as “useless and dangerous” more than four centuries ago.
In a case brought by a Portland man who was wrongly detained as a terrorism suspect in 2004, U.S. District Judge Ann Aiken ruled that the Patriot Act violates the Constitution because it "permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."9.26.2007 Bush Administration, DOJ Blocking Iraq Fraud Suits By Matt Renner, t r u t h o u t | Report
During his appearance before the Senate Democratic Policy Committee, Grayson said "Under the False Claims Act, the Attorney General is supposed to join with whistleblowers to prosecute and punish war profiteers. The sad truth is that the Bush Administration has not even tried to do this. On the contrary, it has done all it could to prevent this." The DOJ has not joined a single Iraq contracting fraud case brought by a whistleblower to date.9.22.2007 John Grisham:Under the False Claims Act, established by President Lincoln as a result of fraud and war profiteering during the civil war, any citizen has the ability to sue a company for fraud on behalf of the US government. In what is know as a qui tam action, a whistleblower can recoup legal fees and a percentage of the money the lawsuit recovers for the government. When a qui tam action is brought by a whistleblower, it is placed under seal to allow the government to review the case and to investigate the accused company in secret.
The DOJ has refused to join 12 such cases and an estimated 50-70 cases remain under seal. By delaying their decision on whether or not to join these cases, the DOJ has kept whistleblowers and their lawyers from going public with their fraud accusations and has kept the accused companies out of court.
"I've always thought that they were bad people with evil intent - and all that, it's playing out now," he said. "You can't hardly look at any aspect of the government in the seven years so far that's been run properly."9.10.2007 Prisons Purging Books on Faith From Libraries By LAURIE GOODSTEIN
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"I can't stand those people - and their incompetence is astounding," he said."I always thought you could at least depend on the Republican Party to maintain some semblance of fiscal responsibility.
"But they run up record deficits - taking care of billionaires that they want to take care of. Don't get me started on politics. I could go for a long time."
Behind the walls of federal prisons nationwide, chaplains have been quietly carrying out a systematic purge of religious books and materials that were once available to prisoners in chapel libraries.9.21.2007 Collecting of Details on Travelers Documented -- U.S. Effort More Extensive Than Previously Known By Ellen Nakashima, Washington Post Staff WriterThe chaplains were directed by the Bureau of Prisons to clear the shelves of any books, tapes, CDs and videos that are not on a list of approved resources. In some prisons, the chaplains have recently dismantled libraries that had thousands of texts collected over decades, bought by the prisons, or donated by churches and religious groups.
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Ms. Billingsley said, “We really wanted consistently available information for all religious groups to assure reliable teachings as determined by reliable subject experts.”Rebecca Tushnet says: Actually, "reliable" is a really good word here, because it makes obvious the basic problem with government evaluations of religious texts. Where the approved religious texts "reliably" support the state's view of religious matters, everyone should worry. She quotes Justice Jackson, "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us."
The U.S. government is collecting electronic records on the travel habits of millions of Americans who fly, drive or take cruises abroad, retaining data on the persons with whom they travel or plan to stay, the personal items they carry during their journeys, and even the books that travelers have carried, according to documents obtained by a group of civil liberties advocates and statements by government officials.9.21.2007 Think Again: “Michael Mukasey: Man of Mystery” By Eric Alterman
Perhaps most worrisome of all is that Mukasey, who would enter an administration that has taken paranoid secrecy to extreme levels, may be a fellow traveler. According to an account in The New Republic about Mukasey’s work on 9/11 cases, the judged sealed “all transcripts, dockets, and court orders in the material-witness cases.” Then “last fall Mukasey’s secretary told The Washington Post that Mukasey wanted the cases kept secret ‘forever.’” Further, Josh Gerstein says, “What makes this virtual information blackout particularly galling is that it’s far from clear that the law requires the strict secrecy Mukasey has imposed.” Is this really the man we want in charge of wiretapping procedure and Guantanamo Bay?9.21.2007 Sherman Yellen:
"America's Grandma," Barbara Bush, is at it again. No, she is no longer advising us that half-drowned African American's who survived Katrina should be comfortable in their distress because they are accustomed to living in squalor, today she is offering up advice on how to raise our children - based I suppose upon her great success in raising hers.9.21.2007 Bush: Kids' health care will get vetoed
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Momma Bush I fear has more in common with Ma Barker, the notorious mother of a criminal gang of the 1930's than she does with Whistler's mother, or your mother, or mine, assuming that our mother's did not raise a criminal cabal.
"Democrats in Congress have decided to pass a bill they know will be vetoed," Bush said of the measure that draws significant bipartisan support, repeating in his weekly radio address an accusation he made earlier in the week. "Members of Congress are risking health coverage for poor children purely to make a political point."9.20.2007 Israel, U.S. Shared Data On Suspected Nuclear Site
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In the Democrat's response, also broadcast Saturday, Pennsylvania Gov. Ed Rendell turned the tables on the president, saying that if Bush doesn't sign the bill, 15 states will have no funding left for the program by the end of the month.At issue is the Children's Health Insurance Program, a state-federal program that subsidizes health coverage for low-income people, mostly children, in families that earn too much to qualify for Medicaid, but not enough to afford private coverage. It expires Sept. 30.
The Israeli attack came just three days after a North Korean ship docked at the Syrian port of Tartus, carrying a cargo that was officially listed as cement.
Cement? Is that the same as concrete? "South Korea to send rice, concrete to North" Thu Mar 22, 2007 12:22am EDT9.20.2007 $6 Billion in Contracts Reviewed, Pentagon Says
Taken together, the figures, provided by the Pentagon in a hearing before the House Armed Services Committee, represent the fullest public accounting of the magnitude of a widening government investigation into bid-rigging, bribery and kickbacks by members of the military and civilians linked to the Pentagon’s purchasing system.9.19.2007 Isikoff and Hosenball "If the telecoms want immunity, some Democrats say, the White House should at least say what it is they need immunity for."
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Pentagon officials did not dispute the seriousness of the problems. However, they took issue with lawmakers’ characterizations of their scope. “I think it’s isolated incidents,” said Thomas F. Gimble, the principal deputy Pentagon inspector general. “The real issue is a lack of control, a lack of integrity and lots of opportunity and lots of money.”
and he ought to know
See also emptywheel who says:
Rather, bmaz is persuasive that there is not direct liability on part of the telecoms (except as it relates to the spying that occurred in the 24 hours when Bush authorized it without DOJ, and therefore AG, approval). But there is a great deal of liability on the part of the government. If the AT&T lawsuit goes forward and a court finds AT&T did improperly share customer call data with the government, then Uncle Sam will end up picking up the tab, not the telecoms.and Mark G. Levey who explains "Need to discuss CALEA as well as FISA in connection with Telco liability"
9.18.2007 Beyond Delay, The 22 most corrupt members of Congress
9.18.2007 Pentagon Sued Over Mandatory Christianity
9.18.2007 Waxman: State Dept. Official Thwarted Probes By Glenn Kessler, Washington Post Staff Writer
Howard J. Krongard, the State Department's inspector general, has repeatedly thwarted investigations and censored reports that might prove politically embarrassing to the Bush administration, the chairman of the House Committee on Oversight and Government Reform charged today in a 13-page letter.9.18.2007 License to Kill? License Revoked. The Progress Report
LEGAL GREY AREA: "A Blackwater employee is not going to be subject to Iraqi courts," says Scott Silliman, director of the Center on Law, Ethics, and National Security at Duke University. The day before the Coalition Provisional Authority ceased to exist, L. Paul Bremer, the chief American envoy in Iraq, issued CPA Order 17, which "granted American private security contractors immunity from prosecution in Iraqi courts." Though "the Iraqi government has contested the continued application of this order," they are restrained from "changing or revoking CPA orders," so the order is still in effect. It is unclear what U.S. laws would govern the actions of private security contractors operating in a foreign country. Though "uniformed military personnel are subject to the Uniform Code of Military Justice, and 'persons serving with or accompanying an armed force in the field' are technically subject as well," the application of the UCMJ to these private contractors would likely face constitutional challenges. The Military Extraterritorial Jurisdiction Act of 2000 covers civilians working for the Department of Defense, but even this would be insufficient to cover Blackwater employees involved in Sunday's shootout, since they are actually employed by the State Department.9.15.2007 "America Underwater: What Global Warming Looks Like"
9.14.2007 More on the Hunt deal, by Paul Krugman:
Now here's the thing: Ray L. Hunt, the chief executive and president of Hunt Oil, is a close political ally of Mr. Bush. More than that, Mr. Hunt is a member of the President's Foreign Intelligence Advisory Board, a key oversight body.9.14.2007 NJ's Corzine to Defy New Health Care Rules By Christopher Lee, The Washington PostSome commentators have expressed surprise at the fact that a businessman with very close ties to the White House is undermining U.S. policy. But that isn't all that surprising, given this administration's history. Remember, Halliburton was still signing business deals with Iran years after Mr. Bush declared Iran a member of the "axis of evil."
No, what's interesting about this deal is the fact that Mr. Hunt, thanks to his policy position, is presumably as well-informed about the actual state of affairs in Iraq as anyone in the business world can be. By putting his money into a deal with the Kurds, despite Baghdad's disapproval, he's essentially betting that the Iraqi government - which hasn't met a single one of the major benchmarks Mr. Bush laid out in January - won't get its act together. Indeed, he's effectively betting against the survival of Iraq as a nation in any meaningful sense of the term.
Democratic Gov. Jon Corzine informed President Bush this week that New Jersey will not obey federal rules that would make it harder to enroll middle-income kids for a popular government-subsidized health insurance program.9.11.2007 What are we doing there and why don't we come out and say it?
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Among the rules to which Corzine and others object is a requirement that the program be available to children from middle-class families only if they have had no health coverage for at least a year. Another change would prevent the program from being opened to middle-income families unless at least 95 percent of eligible children from families whose earnings are less than double the poverty level ($41,300 for a family of four) are already enrolled in Medicaid or SCHIP. Critics say no state can meet that requirement.
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Some analysts argue that the changes were so substantial that federal law required the administration to go through the formal rule-making process, including soliciting public comments, before implementing them.
For Bush, the eight months since announcing his "new way forward" in Iraq have been about not just organizing a major force deployment but also managing a remarkable conflict within his administration, mounting a rear-guard action against Congress and navigating a dysfunctional relationship with an Iraqi leadership that has proved incapable of delivering what he needs.Or maybe we have moved from plan C to plan B:
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Bush became aggravated by Maliki's inability to forge agreements to address grievances fueling sectarian strife, such as allowing low-level members of Saddam Hussein's Baath Party back into government, passing a law governing oil revenue distribution and setting provincial elections.Bush had been using his biweekly videoconferences with Maliki to shore up the Iraqi leader, but he also used the calls to make clear that U.S. patience had grown short. He pressed Maliki several times on the oil law in particular, irritated that the Iraqis had told him repeatedly that they had a deal, only to see it unravel.
This is from a very fine Wapo article By Peter Baker, Karen DeYoung, Thomas E. Ricks, Ann Scott Tyson, Joby Warrick and Robin Wright Washington Post Staff Writers and Researcher Julie Tate.
9.9.2007 emptywheel: "Does it surprise you that the first company to sign an oil deal with Iraqi Kurds is Hunt Oil, a company with very close ties to Bush and our country's intelligence infrastructure? ... If I had to guess, I'd suggest this is pretty solid evidence that BushCo has grown comfortable with the idea of Iraq splitting apart."9.11.2007 Arianna:
Like Pontius Pilate washing his hands of responsibility, too many in the Washington press corps want to pretend they are leaving the question of "what is truth" to their readers -- refusing to admit that there is even such a thing as truth. It is particularly troubling that so many in a profession dedicated to the idea that there is a truth to be ferreted out -- and that the public has a right to know it -- remain so resolutely committed to presenting two sides to every story -- even when the facts are solidly on one side.9.11.2007 "Clinton To Return $850,000 Bundled By Hsu" Huffpo, which links to the NYT
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Case in point: Sunday's AP story about how Petraeus and Ambassador Crocker wouldn't be meeting with "Mr. Bush or their immediate bosses" in order to protect the "independence and the integrity of their testimony." This is a claim that is beneath contempt. It is hard to fathom how a journalistic operation could write something so blatantly untrue when there have been numerous stories about how the Petraeus report has already been discussed and thoroughly vetted by the White House and how Ed Gillespie has set up a war room between the Pentagon, the State Department, and the White House to coordinate the Petraeus PR campaign.
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The stated purpose of the surge was to provide the stability and security necessary for political progress to be made by the Iraqi government. Progress that, as the GAO report made clear, is unequivocally not happening.So the White House focuses on small improvements in cherry-picked data. But it surely isn't surprising that in the immediate vicinity of the 30,000 troops involved in the surge, attacks might temporarily decrease. Just as it's not surprising, for instance, that the crime rate inside the gates of the White House is lower than the rate in NE Washington. The point of the surge was that it would have a political spillover effect. But since that hasn't happened, the White House is once again attempting to move the goalposts, and the Michael Gordons of the press corps are there to help with the heavy lifting.
Now let's hear from the Pioneers and Rangers9.11.2007
But I'm not making any recommendations of who ought to resign.9.10.2007 This was No Accident: Nuclear Weapons are Different DAVE LINDORFFTE: There's no Waxman list?
HW: (Laughter)
I would say that the chances that those Advanced Cruise Missiles and their W80-1 nuclear warheads were loaded accidentally on that B-52 are exactly zero. So the question is: who ordered this flight, and why?9.10.2007 Guess Who's Afraid of an Open Internet? Timothy Karr
In a Thursday filing to the Federal Communications Commission, Gonzales' Department of Justice urged the agency to oppose Net Neutrality -- the principle that all Internet sites should be treated equally.9.10.2007 Study finds left-wing brain, right-wing brainThe DOJ stated that broadband companies like AT&T should be able to erect toll booths and filter traffic -- upending the even playing field that has made the Web an unrivaled engine of democratic discourse and new ideas.
Previous psychological studies have found that conservatives tend to be more structured and persistent in their judgments whereas liberals are more open to new experiences. The latest study found those traits are not confined to political situations but also influence everyday decisions.9.9.2007 This Can't Be Happening! via True Blue LiberalThe results show "there are two cognitive styles -- a liberal style and a conservative style," said UCLA neurologist Dr. Marco Iacoboni, who was not connected to the latest research.
The biggest question is why a B-52 armed with nuclear-tipped cruise missiles would fly to Barksdale AFB. If, as reported, the weapons were being transported to be decommissioned, which supposedly is the destination for 400 of these doomsday weapons, then they should have been destined for Kirtland AFB in Texas, near the Panax plant in Amarillo, TX, where they would be dismantled. As Michael Salla writes in a disturbing piece in Saturday’s edition of OpEdNews, the weapons should also not have been flown at all on a B-52, as there have been standing orders for 40 years against such flights over US soil, following several accidents in which bombs or nuclear-armed rockets were lost because “broken arrow” incidents including inadvertent bomb drops or crashes. A second order, issued in 1991 at the end of the Cold War by George Bush’s father, barred the loading of nuclear weapons on any bomber. Any pilot would have known this, as would any ground support people loading the missiles on the B-52.9.9.2007 Jack Goldsmith regarding Withdrawing the Torture Memos, Newsweek
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And the seriousness of what happened--five nuclear-tipped cruise missiles, in firing position, flown across the width of the continental US in violation of all standing orders to a base that is a staging area for B-52 flights to the Persian Gulf war zone--demands a full public investigation.
Listen, this was a program that the president made clear was going on since August 2002. It was a program that had been vetted in the highest circles of the executive branch. (A few bad apples) What I was doing was an enormously disruptive act, so it obviously was not a step I took lightly, or was happy about, or enjoyed. I obviously wouldn’t have done it unless I thought it was absolutely necessary that I had to.This article is worth reading, if only for Goldsmith's eye-view of the Ashcroft hospital scene and the government's penchant for secrecy. See also Jeffrey Rosen's article, exerpted here
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Can you imagine a scenario in which five years from now, as a result of the things you did and some of those opinions that were either withdrawn or revised because of what you did, that there could be an attack of some sort that might otherwise have been prevented. Does that haunt you at all?It haunted me everyday when I was in the government. Addington said, when I once couldn’t find the legal basis for something they wanted to do, that “the blood of 100,000 people who die in the next attack as a result of your decisions will be in your hands.”
9.8.2007 Score 2 for rights, 0 for govt. in court battles MICHAEL A. CHIHAK [EPIC v. Department of Justice and Doe vs. Gonzales]
"While the court is certainly sensitive to the government's need to protect classified information and its deliberative processes, essentially declaring 'because we say so' is an inadequate" response, Kennedy wrote in his decision in EPIC v. Department of Justice.9.8.2007 emptywheel
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Kennedy ordered the Justice Department to release a list of documents with its reasons for withholding them.
...it's more clear now why the Administration refused all meaningful oversight of the minimization they're doing on their warrantless wiretapping. You can't really collect a "community of interest" and at the same time be claiming you're eliminating all data on those not directly targeted.9.7.2007 Gov't to Assert State Secrets Priv in Rendition Case
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And finally, it adds another reason why telecom companies are anxious to get immunity for their work on the Administration's warrantless wiretap program. That's because some of that wiretapping was based on analysis the telecom companies are already doing on us. emptywheel's emphasis
In a little-noticed filing yesterday, the Bush Administration tipped its hand as to how it plans to scuttle yet another lawsuit that could otherwise expose details of one of the many the nefarious policies it has been carrying out behind our backs: extraordinary rendition (which is really nothing more than a euphemism for "kidnapping") to secret CIA prisons overseas.9.7.2007 Bruce Fine:Some of you might recall that at the end of May 2007, the ACLU announced that it had brought a lawsuit on behalf of several individuals against Jeppesen Dataplan, Inc., a subsidiary of the Boeing Company, for its role in providing travel services (logistical and flight support) for the CIA to clandestinely transport terrorism suspects to prisons abroad where they are routinely tortured and otherwise abused.
Now, the government has effectively indicated that it intends to get Jeppesen off the hook before the case can get underway: the Administration will intervene for the purpose of invoking the military and state secrets privilege, and would seek dismissal of the lawsuit in its entirety on those grounds.
James Madison—father of the Constitution, president during the War of 1812 and master of human nature—understood the temptation of the executive to contrive excuses for war or to inflate danger manifold to aggrandize power and to lacerate liberty. He sermonized: “Perhaps it is a universal truth that loss of liberty at home is to be charged to provisions against danger, real or pretended, from abroad. Of all the enemies of true liberty, war is, perhaps, the most to be dreaded, because it compromises and develops the germ of every other. War is in fact the true nurse of executive aggrandizement. In war, a physical force is to be created; and it is the executive will, which is to direct it. In war, the public treasuries are to be unlocked; and it is the executive hand which is to dispense them. In war, the honors and emoluments of office are to be multiplied; and it is the executive patronage under which they are to be enjoyed; and it is the executive brow which they are to encircle. The strongest passions and most dangerous weaknesses of the human breast; ambition, avarice, vanity, the honorable or venal love of fame, are all in conspiracy against the desire and duty of peace.”9.7.2007 Inside Rep. Weller's Nicaragua land deal
Illinois lawmaker benefits from trade accord, fails to report extent of his ocean-view holdings9.7.2007 Paul Krugman: Time to Take a Stand
So the number of dead is down, as long as you only count certain kinds of dead people.9.7.2007 Bill Maher takes off his gloves
9.6.2007 Judge Strikes Down Parts of Patriot Act [Doe v. Gonzales]
New York - A federal judge struck down parts of the revised USA Patriot Act as unconstitutional Thursday, saying courts must be allowed to supervise cases where the government orders Internet providers to turn over records without telling customers.9.5.2007 DHS ends criticized data-mining programU.S. District Judge Victor Marrero said the government orders must be subject to meaningful judicial review and that the recently rewritten Patriot Act "offends the fundamental constitutional principles of checks and balances and separation of powers."
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He added: "It is axiomatic that in our system of government it is the province of the courts to say what the law is. When Congress attempts to curtail or supersede this role, it jeopardizes the delicate balance of powers among the three branches of government and endangers the very foundations of our constitutional system."
"... Homeland Security's inspector general and the DHS privacy office discovered that tests used live data about real people rather than made-up data for one to two years without meeting privacy requirements. The inspector general also said ADVISE was poorly planned, time-consuming for analysts to use and lacked adequate justifications." $42 million down the drain9.5.2007 Bremer refutes Bush's accusations over Iraqi army
The breezy tone of Mr Bremer's letter is at odds with the sweeping implications of the decision to do away with one of Iraq's main institutions, and the strong opposition to the dissolution of the army from US military officials at the time.9.5.2007 Mistakes were made, via CNN
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The publication of that exchange of letters between the White House and Washington's man in Baghdad sheds new light on the chaotic and somewhat incidental way in which Mr Bush dealt with events in Iraq - though his legacy as president will be almost entirely defined by the war.
Mistakes by U.S. Air Force personnel left five (six?) nuclear warheads unaccounted for during a three-hour period on Aug. 30, according to Army Times.9.4.2007 Conscience of a Conservative By JEFFREY ROSENThe paper, a fellow Gannett publication, cites anonymous sources who say that five Advanced Cruise Missiles were mistakenly loaded on a B-52 bomber that flew from a base in North Dakota to one in Louisiana. The missiles, set to be decommissioned, should have been removed from the plane. Instead, they were mounted on the bomber’s wings.
... In a new book, “The Terror Presidency,” which will be published later this month, and in a series of conversations I had with him this summer, [Jack] Goldsmith has recounted how, from his first weeks on the job, he fought vigorously against an expansive view of executive power championed by officials in the White House, including Alberto Gonzales, who was then the White House counsel and who recently resigned as attorney general, and David Addington, who was then Vice President Cheney’s legal adviser and is now his chief of staff.9.3.2007 "Just when you feel impenetrably numb to the delusional ravings of our Punk In Chief, comes a sentence so multilayered in obscenity, so richly textured with arrogance and solipsism as to make Ayn Rand look like Albert Schweitzer." Here
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In his book, Goldsmith claims that Addington and other top officials treated the Foreign Intelligence Surveillance Act the same way they handled other laws they objected to: “They blew through them in secret based on flimsy legal opinions that they guarded closely so no one could question the legal basis for the operations,” he writes.
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In retrospect, Goldsmith told me, Bush “could have achieved all that he wanted to achieve, and put it on a firmer foundation, if he had been willing to reach out to other institutions of government.” Instead, Goldsmith said, he weakened the presidency he was so determined to strengthen. “I don’t think any president in the near future can have the same attitude toward executive power, because the other institutions of government won’t allow it,” he said softly. “The Bush administration has borrowed its power against future presidents.”Mary comments:
When the "war council" of Gonzales, Addington, Haynes and Yoo were meeting, Goldsmith was a special assistant to Haynes and was helping him to cram torture down the throats of the the military, over the objections of TRULY (as opposed to PR based) principled people like Alberto Mora - like so many feeding tubes at GITMO. Some of the legal justifications used for abrogating treaties were right out of the Goldsmith/Posner "might makes right" playbook on their analysis of international 'nonlaw'
9.3.2007 How I Learned to Stop Worrying and Love Bombing Iran Howard A. Rodman
In the eyes of our president, an Iran with a different government is a world better off. The people of Iran, or what's left of the people of Iran after a 1,200-target bombing campaign, will greet us as liberators. History and Joe Lieberman will judge him brave for having turned the tide in the Grand Battle Against Islamo-fascism -- a battle which, as we now know, had its origins in the Vietnam war. [The link takes you to a government site: "The file you have attempted to access cannot be found."]9.3.2007 Local Troops Deploy To Nation's Capital
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Here are the indications that a large bombing campaign against Iran is not only on the table, but is in fact the main dish -- the turkey, if you will, of Thanksgiving 2007. I list them in order of ascending terrifyingness.
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They quote Alex Debat, director of terrorism and national security at the Nixon Center: "Whether you go for pinprick strikes or all-out military action, the reaction from the Iranians will be the same." It was, he added, a "very legitimate strategic calculus." [One can't help but recall the strategic calculus of General Buck Turgidson: "Mr. President, I'm not saying we wouldn't get our hair mussed. But I do say no more than ten to twenty million killed, tops. Uh, depending on the breaks."]
Members of the 1st Battalion 265 Air Defense Artillery have mobilized and are on a plane headed first to Ft. Bliss, then for federal active duty in the capital region.Aaron snarks: "Add to the words that Bush will never have to learn to pronounce, "posse comitatus".
9.3.2007 PAUL KRUGMAN: Snow Job in the Desert
radiofreewill comments:9.3.2007 Arrest John Boehner emptywheelThe fairy tale, however, has to have an end, and, imvho, September is it. If the military emerges from the shadows and stands with Bush during the next two weeks to paint a 'We're winning in Iraq' picture, then he's probably got enough trump cards in his hand to run the table and make book on Iran, too.
The government's primary strategy, in responding to the ACLU's request for release of the FISC rulings disallowing parts of the Administration's domestic wiretapping program, is to argue that the ACLU doesn't have standing to ask for the documents. Only an aggrieved person can ask for such rulings, and even then, the aggrieved person cannot see the orders themselves that authorize domestic spying.But there are two problems with that, it seems. First, the administration simply ignores that opinions are presumptively public, and therefore doesn't address the historic role courts have played in whether they can publish their own orders. Further, the examples the Administration cites for refusing to release the FISC orders are cases in which the FISC approved wiretapping--not where it ruled wiretaps illegal.
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But I also think it worthwhile to demand an accounting of the declassification history of these documents. Did Bush really authorize Gonzales to leak information about the order? Show me the paperwork. Was Boehner's disclosure authorized? If not, what is the Administration going to do about it?
Background: 8.17.2007 "FISA Court to Gov't: Why Shouldn't We Disclose Surveillance Rulings?" By Spencer Ackerman9.3.2007 The secular elite vs. the popular Islamists by Michael van der Galiën
And this, it seems, is what the debate is in essence all about: Moderate Islamists like Gül and Erdog(an say that they do not want to legislate their beliefs, but they want to be able to “practice” their beliefs (also in public). Secularists, meanwhile, wonder whether giving in an inch is possible, or whether, when they give moderate Islamists one finger, these individuals will take the “entire hand.”9.3.2007 "Soldiers evacuate babies from Israeli daycare centre as Islamic Jihad rockets fall"
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The political challenge of today's Turkey is to reconcile the secular system with Turkey's Islamic nature. In other words, today's political challenge is to allow people to live according to their religion, while at the same time protecting those who are either irreligious or who have a different interpretation of the Koran.
9.3.2007 Chaos in Darfur on Rise as Arabs Fight With Arabs
Some of the same Arab tribes accused of massacring civilians in the Darfur region of Sudan are now unleashing their considerable firepower against one another in a battle over the spoils of war that is killing hundreds of people and displacing tens of thousands.9.2.2007 "Administration Leaks Confirm AT&T and Verizon's Role in Warrantless Wiretapping"
House Judiciary Committee Information Page
Fact Checker Center for American Progress
The Library of Congress -- Legislative information, pending bills, etc.
January 25, 2001 Richard Clarke Memo: "We urgently need . . . a Principals level review on the al Qida network." (Here)
Transcript of Powell's U.N. presentation
The Project for the New American Century's Statement of Principles, and its pre-2000 writings about Iraq.
The U.S. Constitution
See also
Civil Disobedience, by Henry David Thoreau
Bush Count-down clock -- The Yellowcake Road and other Scandals -- Strategies for the Future -- Spying on America -- Bad Writing -- The Conservatives Get It
Red and Blue maps
(Senate Races)
(Gubernatorial Races)
Libby flow chart ... Cheney links
gentle.reader@att.net ... A proud member of the reality based community