Impeachable offenses
The pressure on CARE is emblematic of that facing many other secular groups. President Bush's faith-based initiative has not only increased funding for church groups, but also raised the expectations of the religious right, which has asserted a stronger role in setting policy. The pattern of outcry by religious conservatives, followed by accommodation by the administration, has been replicated on numerous occasions at USAID, from personnel decisions to choices of who runs humanitarian programs overseas... James Towey , the former head of the White House's faith-based office, acknowledged that he fought hard to shift international aid to faith-based groups, although he denied it was a political payback. "The fact is [officials at USAID] tended to be left of center and they tended to be more of a secular perspective than a religious one," said Towey, who served as Bush's top faith-based official from 2002 until June 2006. Religious right wields clout Secular groups losing funding amid pressure By Michael Kranish, Globe Staff | October 9, 2006 | James Dobson’s Focus on the Family has played a major role in presidential politics. | For six decades, CARE has been a vital ally to the US government. It supplied the famed CARE packages to Europe's starving masses after World War II, and its work with the poor has been celebrated by US presidents. So the group was thrilled when it received a major contract from the Bush administration to fight AIDS in Africa and Asia. But this time, instead of accolades came attacks. Religious conservatives contended that the $50 million contract, under which CARE was to distribute money to both secular and faith-based groups, was being guided by an organization out of touch with religious values.
Bush Balks at Criteria for FEMA Director Signing Statement Asserts Right to Ignore Parts of New Homeland Security Law By Spencer S. Hsu Washington Post Staff Writer Saturday, October 7, 2006; A02 President Bush reserved the right to ignore key changes in Congress's overhaul of the Federal Emergency Management Agency -- including a requirement to appoint someone with experience handling disasters as the agency's head -- in setting aside dozens of provisions contained in a major homeland security spending bill this week. Besides objecting to Congress's list of qualifications for FEMA's director, the White House also claimed the right to edit or withhold reports to Congress by a watchdog agency within the Department of Homeland Security that is responsible for protecting Americans' personal privacy.
None of the men and women who voted for this bill has any right to speak in public about the rule of law anymore, or to take a high moral view of the Third Reich, or to wax poetic about the American Ideal. Mark their names. Any institution of higher learning that grants honorary degrees to these people forfeits its honor. Alexander, Allard, Allen, Bennett, Bond, Brownback, Bunning, Burns, Burr, Carper, Chambliss, Coburn, Cochran, Coleman, Collins, Cornyn, Craig, Crapo, DeMint, DeWine, Dole, Domenici, Ensign, Enzi, Frist, Graham, Grassley, Gregg, Hagel, Hatch, Hutchison, Inhofe, Isakson, Johnson, Kyl, Landrieu, Lautenberg, Lieberman, Lott, Lugar, Martinez, McCain, McConnell, Menendez, Murkowski, Nelson of Florida, Nelson of Nebraska, Pryor, Roberts, Rockefeller, Salazar, Santorum, Sessions, Shelby, Smith, Specter, Stabenow, Stevens, Sununu, Talent, Thomas, Thune, Vitter, Voinovich, Warner.
To paraphrase Sir Walter Scott: Mark their names and mark them well. For them, no minstrel raptures swell. High though their titles, proud their name, boundless their wealth as wish can claim, these wretched figures shall go down to the vile dust from whence they sprung, unwept, unhonored and unsung.
Congress' shameful retreat from American values Published October 4, 2006 I would not send my college kid off for a semester abroad if I were you. Last week, we suspended human rights in America, and what goes around comes around. Ixnay habeas corpus.
Dahlia Lithwick at Slate: Look again at the images from Abu Ghraib. Most of those prisoners aren't being sodomized or water-boarded. They are largely being subject to stress positions, sexual humiliation, religious desecration, mock executions, and terrorization with dogs. And make no mistake: These are among the "alternative interrogation tactics" that will, along with sleep deprivation and exposure to extreme temperatures, likely be permitted by CIA interrogators under the new detainee legislation; or, to the extent there is a difference, that is how the president will construe the new law. So, what happened between April 2004 and September 2006 that has so deadened American outrage? What has made Democratic senators who were prepared to filibuster over a judicial nomination unwilling to do so now, or even to express horror over the brutalization of enemy prisoners? Is it that in the intervening time we have made a hero out of 24's Jack Bauer, a man who tortures so that the rest of us may walk free? Is it that if you see enough "iconic" photos of a man in a hood with electrodes, they lose their ability to turn your stomach? Or is all the legalistic jive talk—the brazen congressional hairsplitting over abuse that results in "severe" vs. "serious" vs. "extreme" pain—numbing us to the reality of what remains unconscionable conduct? It is all of these things, and also this: The legal "expectation of abuse" has been shaped by the new jurisprudence of abuse. The legal notion of what constitutes a "reasonable expectation of privacy" is often criticized as circular because the test for unreasonable government searches depends on one's subjective expectation of privacy, which is diminished as the government encroaches upon our privacy. So, too, the public notion of what constitutes reasonable abuse is diminished each time the government condones abuse. Thus the images from Abu Ghraib and the torture memos and the new detainee bill don't merely codify the boundaries of acceptable interrogation. They also shape them.
...which is why I don't publish war porn.
We are not dealing with hypothetical abuses. The president has already subjected a citizen to military confinement. Consider the case of Jose Padilla. A few months after 9/11, he was seized by the Bush administration as an "enemy combatant" upon his arrival at Chicago's O'Hare International Airport. He was wearing civilian clothes and had no weapons. Despite his American citizenship, he was held for more than three years in a military brig, without any chance to challenge his detention before a military or civilian tribunal. After a federal appellate court upheld the president's extraordinary action, the Supreme Court refused to hear the case, handing the administration's lawyers a terrible precedent.
The new bill, if passed, would further entrench presidential power.
I'm in Atlanta now...and I just heard on CNN that Congress is considering givin Bush retroactive immunity for war crimes! Okay, people. I know BushCo committed war crimesand YOU know BushCo committed war crimes. Now we know for sure...for SURE...the Republican Congress knows BushCo committed war crimes. I'm still not up for capital punishment. But I'm damn sure up for impeaching his goat-smelling ass. I got a reception to go to. I'll continue the Warrior Lessons I discussion tomorrow.
A close reading of the Arar Commission report offers a rare window on American actions in the case, describing seemingly flimsy evidence behind the American decision in 2002 to send Mr. Arar to a country notorious for torture; a deliberate attempt by American officials to deceive Canada about where Mr. Arar was; and lingering confusion among top American officials about the two countries’ roles in the case... Cases like that of Mr. Arar would not be affected by the compromise legislation on detainee treatment worked out between the White House and Republican senators last week, since it would have no effect on interrogation methods used by other countries. In fact, the proposed bill would strip non-Americans held overseas under United States control of the right to challenge their detention in federal court.
Torture Victim Had No Terror Link, Canada Told U.S. By SCOTT SHANE WASHINGTON, Sept. 24 — When the United States sent Maher Arar to Syria, where he was tortured for months, the deportation order stated unequivocally that Mr. Arar, a Canadian software engineer, was a member of Al Qaeda. But a few days earlier, Canadian investigators had told the F.B.I. that they had not been able to link him to the terrorist group. That is one of the disclosures in the 1,200-page report released last week after a two-year Canadian investigation of Mr. Arar’s case found him to be innocent of any terrorist ties. The report urges the Canadian government to formally protest the American treatment of Mr. Arar, a recommendation Canadian officials are considering.
NOAA: You Don't Need That Weatherman to Know Which Way Global Warming Goes By Paul Kiel - September 19, 2006, 12:13 PM Documents show that a government scientist was passed over for a media appearance because he didn't toe the administration's line on global warming, a senior House Democrat suggested today. The emails (posted here) show that CNBC requested in October 2005 to interview Dr. Tom Knutson, a scientist with the National Oceanic and Atmospheric Administration, about whether global warming was contributing to the intensity of hurricanes. The request was passed up the chain to Commerce press secretary Chuck Fuqua.
Glen Greenwald read John Woo's defense of his defense of dictatorial powers for the office of the President. I'll spoil it for you and let you know he quotes the Federalist Papers to eviscerate the very concept of Yoo's argument. It put me in mind of a post Anil Dash made three years ago when he was a blogger. You only have to glance at the post to see what's going on but make sure you read the comments.
Many of those chosen by O'Beirne's office to work for the Coalition Provisional Authority, which ran Iraq's government from April 2003 to June 2004, lacked vital skills and experience. A 24-year-old who had never worked in finance -- but had applied for a White House job -- was sent to reopen Baghdad's stock exchange. The daughter of a prominent neoconservative commentator and a recent graduate from an evangelical university for home-schooled children were tapped to manage Iraq's $13 billion budget, even though they didn't have a background in accounting. The decision to send the loyal and the willing instead of the best and the brightest is now regarded by many people involved in the 3 1/2 -year effort to stabilize and rebuild Iraq as one of the Bush administration's gravest errors. Many of those selected because of their political fidelity spent their time trying to impose a conservative agenda on the postwar occupation, which sidetracked more important reconstruction efforts and squandered goodwill among the Iraqi people, according to many people who participated in the reconstruction effort. The CPA had the power to enact laws, print currency, collect taxes, deploy police and spend Iraq's oil revenue. It had more than 1,500 employees in Baghdad at its height, working under America's viceroy in Iraq, L. Paul Bremer, but never released a public roster of its entire staff. Interviews with scores of former CPA personnel over the past two years depict an organization that was dominated -- and ultimately hobbled -- by administration ideologues.
Ties to GOP Trumped Know-How Among Staff Sent to Rebuild Iraq Early U.S. Missteps in the Green Zone By Rajiv Chandrasekaran Washington Post Staff Writer Sunday, September 17, 2006; A01
Eavesdropping case gains steam National security: - A judge gives a defunct Oregon charity the go-ahead on a lawsuit over private conversations Friday, September 08, 2006 ASHBEL S. GREEN A Portland-based federal judge on Thursday refused to dismiss a lawsuit challenging the Terrorist Surveillance Program -- just as President Bush was urging Congress to authorize it. U.S. District Judge Garr M. King ruled that a lawsuit by an Oregon-based Islamic charity could go forward without revealing state secrets, rebuffing the government's attempt to dispose of the case swiftly. King left for another day the ultimate question: Does the warrantless eavesdropping program, administered by the National Security Agency and authorized by Bush after the Sept. 11, 2001, terrorist attacks, violate the law?
I guess that's why they're Conservative... Crooks and Liars: Video-WMP Video-QT (rough transcript) Control Room: Norah–we just got statement from ABC that we have been waiting for. I’ll read it right now–"The Path to 9/11″ is not a documentary of the events leading up to 9/11. It is a dramatization, drawn from a variety of sources including the 9/11 Commission Report, other published materials, and personal interviews. As such–for dramatic and narrative purposes, the movie contains fictionalized scenes-–composite and representative characters and dialogue–and time compression. No one has seen the final version of the film–because the editing process is not yet complete, so criticisms of film specifics are premature and irresponsible. [P6: emphasis added] The attacks of 9/11 were a pivotal moment in our history–and it is fitting that the debate about the events related to the attacks continue. However, we hope viewers will watch the entire broadcast of the finished film before forming an opinion about it"–So bottom line they’ve just released a statement about it. They’re not going to change this movie at all…
I don't watch ABC anymore. Dead serious. Just as I don't watch Fox channels...and the next Yu-gi-oh! series will be on Fox this weekend (this is a monor personal loss, but a loss nonetheless). ThisWeek will be the sole exception, and if it starts to slip it's out too.
Why?
You know that massive, decamillion dollar donation ABC is making to the Republican National Committee? You know that massive, decamillion dollar donation ABC is making to the Republican National Committee?
You know, the $30-40 million movie that lies about the lead-up to the attack on 9/11? The one that is being broadcast for six hours of the most expensive broadcast time in existence?
The one they say is a "docudrama," and is therefore free to be as inaccurate as it chooses to be?
I repeat: Every judge that was a member of an organization that held an "affirmative action bake sale" has to tell us all about how that affects their ability to be impartial. A Matter of Appearances When Judge Anna Diggs Taylor was given the job of deciding whether the Bush administration’s wiretapping program was unconstitutional, she certainly understood that she would be ruling on one of the most politically charged cases in recent history. So it would have been prudent for her to disclose any activity that might conceivably raise questions about her ability to be impartial. Regrettably, it was left to a conservative group, Judicial Watch, to point out her role as a trustee to a foundation that had given grants to a branch of the American Civil Liberties Union, a plaintiff in the case.
Conflict of Interest Is Raised in N.S.A. Ruling By ERIC LICHTBLAU WASHINGTON, Aug. 22 — The federal judge who ruled last week that President Bush’s eavesdropping program was unconstitutional is a trustee and an officer of a group that has given at least $125,000 to the American Civil Liberties Union in Michigan, a watchdog group said Tuesday. The group, Judicial Watch, a conservative organization here that found the connection, said the link posed a possible conflict for the judge, Anna Diggs Taylor, and called for further investigation. “The system relies on judges to exercise good judgment, and we need more information and more explanation about what the court’s involvement was in support of the A.C.L.U.,” said Tom Fitton, president of Judicial Watch, which gained attention in the 1990’s for ethics accusations against President Bill Clinton. "The court" wasn't acting as a trustee or officer of the A.C.L.U.
via Glen Greenwald NSA ruling much like a pig in parlor The far more difficult question is the implication of Taylor's ruling. If this court is upheld or other courts follow suit, it will leave us with a most unpleasant issue that Democrats and Republicans alike have sought to avoid. Here it is: If this program is unlawful, federal law expressly makes the ordering of surveillance under the program a federal felony. That would mean that the president could be guilty of no fewer than 30 felonies in office. Moreover, it is not only illegal for a president to order such surveillance, it is illegal for other government officials to carry out such an order.
For people working in government, this opinion may lead to some collar tugging. If Taylor's decision is upheld or other courts reject the program, will the president promise to pardon those he ordered to carry out unlawful surveillance?
Judge Anna Diggs Taylor really set off a stink bomb with her opinion on the NSA wire tapping, didn't she? I been reading around a couple of legal blogs to see what the sensible arguments are. I think I know why she went off on the DoJ. (Question: Did the government actually argue (in the alternative) that FISA is unconstitutional? If so, could someone please provide a link to the brief(s)?) [UPDATE: Thanks to John L., here's a link to the government's brief. What's interesting is that although DOJ alluded to the Article II argument, it did not quite advance or support in any detail that argument -- or any other merits argument, for that matter -- because the theme of its brief was that the state secrets privilege makes it impossible to adjudicate such arguments in court. Judge Taylor's decision will put DOJ in a bit of a pickle on appeal -- they'll want to contend both that the merits can't be understood or decided, and that the decision on the merits was wrong. Which is all the more reason that I bet DOJ's brief will be heavy on arguments about standing.] (P6: emphasis added)
...because there's a whole lot on the other side of the link. ...a federal court in Michigan -- the first to rule on the legality of the President's NSA program -- just rejected all of the administration's defenses for eavesdropping in violation of FISA, effectively finding that the administration has been engaged in deliberate criminal acts by eavesdropping without judicial approval. And as I documented previously, Hamdan itself independently compels rejection of the administration's only defenses to its violations of FISA. Eavesdropping in violation of FISA is a federal crime, punishable by up to 5 years in prison and a $10,000 fine (50 U.S.C. 1809).
Thus, judicial decisions are starting to emerge which come close to branding the conduct of Bush officials as criminal. FISA is a criminal law. The administration has been violating that law on purpose, with no good excuse. Government officials who violate the criminal law deserve to be -- and are required to be -- held accountable just like any other citizens who violate the law. That is a basic, and critically important, principle in our system of government. These are not abstract legalistic questions being decided. They amount to rulings that our highest government officials have been systematically breaking the law -- criminal laws -- in numerous ways. And no country which lives under the rule of law can allow that to happen with impunity.
Thomas Frank, the author of "What’s the Matter with Kansas? How Conservatives Won the Heart of America, " is guesting at TimesSelect this month. With [TS] A Distant Mirror, he's off to a good start. I nominate Matthew Josephson’s 1938 masterpiece, “The Politicos: 1865-1896,” as the volume of history with the most to teach us about the present. The book is valuable for its surface qualities alone — its painstaking reconstruction of forgotten scandals, its glimpses of antique slang and high-flown oratory, its remarkable cast of politicians, like the “Easy Boss” Tom Platt and the “Plumed Knight” James G. Blaine, all of them household names once but today as obscure as Ozymandias.
It would have been a better start if the damn book wasn't so totally out of print...I mean it's not even in Project Gutenberg because the copyright was renewed in 1965.
"This is a clear case of President Bush having carte blanche to grant himself complete discretion to enact laws to increase his power," Senate Minority Leader Harry Reid (D-NV) said. "The only thing we can do now is withhold our ability to grant him more authority to grant himself more power." "Unless he authorizes himself to strip us of that power," Reid added. Despite criticism, Bush took his first official action under the new law Tuesday, signing an executive order ordering that the chief executive be able to order more executive orders. In addition, Republicans fearful that the president's new power undermines their ability to grant him power have proposed a new law that would allow senators to permit him to grant himself power, with or without presidential approval.
Bush Grants Self Permission To Grant More Power To Self August 1, 2006 | Issue 42•31 WASHINGTON, DC—In a decisive 1–0 decision Monday, President Bush voted to grant the president the constitutional power to grant himself additional powers. "As president, I strongly believe that my first duty as president is to support and serve the president," Bush said during a televised address from the East Room of the White House shortly after signing his executive order. "I promise the American people that I will not abuse this new power, unless it becomes necessary to grant myself the power to do so at a later time."
OPEN VOTING FOUNDATION 9560 Windrose Lane Granite Bay, CA 95746 Phone (916) 295-0415 [email protected] PRESS RELEASE -- JULY 31, 2006 FOR IMMEDIATE RELEASE Subject: WORST EVER SECURITY FLAW FOUND IN DIEBOLD TS VOTING MACHINE Contact: Alan Dechert Reference: PICTURES (Click on thumbnail. Click again on lower half of picture for high resolution) SACRAMENTO, CALIFORNIA -- “This may be the worst security flaw we have seen in touch screen voting machines,” says Open Voting Foundation president, Alan Dechert. Upon examining the inner workings of one of the most popular paperless touch screen voting machines used in public elections in the United States, it has been determined that with the flip of a single switch inside, the machine can behave in a completely different manner compared to the tested and certified version. “Diebold has made the testing and certification process practically irrelevant,” according to Dechert. “If you have access to these machines and you want to rig an election, anything is possible with the Diebold TS -- and it could be done without leaving a trace. All you need is a screwdriver.” This model does not produce a voter verified paper trail so there is no way to check if the voter’s choices are accurately reflected in the tabulation.
In A Slip of the Pen , Walter Dellinger says of the ABA's report on Presidential Signing Statements:
[T]he bar association report misdiagnoses the problem. It erroneously interprets the Constitution as forbidding the president — any president, in any circumstance — to declare, while signing a bill into law, that the bill has an unconstitutional provision that he will not enforce. Paradoxically, the report studiously avoids addressing the real problem, which is not the president’s right to act on his constitutional views, but that some of this president’s constitutional views are fundamentally wrong.
The American Bar Association throughout its history has acted promptly to protect the rights of the American people and the institutions of our democracy whenever they have been threatened. This is one of those historic moments.
The threat to our republic posed by presidential signing statements is both imminent and real unless immediate corrective action is taken. Michael S. Greco President, American Bar Association Opening Statement News Conference on the Report and Recommendations of the ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine National Press Club July 24, 2006 Good morning. My name is Michael S. Greco, and I am president of the American Bar Association. In recent months there has been growing public debate about a term unknown to most Americans just a few months ago: presidential signing statements. As first reported by Boston Globe reporter Charlie Savage on April 30, the current president has repeatedly declared in such signing statements his intent to ignore, or substantially reinterpret, acts of Congress. Although signing these bills into law, with respect to approximately 800 provisions of law, he in effect has said he will not enforce them. Upon reading the Globe article it quickly became evident to me that this practice raises grave questions for our constitutional system of government and its delicate system of checks and balances. I therefore appointed a distinguished, bipartisan ABA Task Force to examine carefully the legal and constitutional issues posed by presidential signing statements as currently used.
I'm watching the news conference. I'm also recording it because I'm loving it. Michael Greco, the President of the American Bar Association, is not holding back or smiling or doing anything to soften the impact of the task force's finding, which you have heard of by now. Since the remarks were prepared (hey, he's a lawyer) thr transcript of his statement WILL be available. For now, here's the final report. I'll probably post the first five minutes or so of the news conference. Let me tell you: the Republicans, the Dominionists, George Bush's base...they are going to go ballistics. There will be an explosion of vitriol against trial lawyers and a claim the report is bias because George Bush sought to protect people by limiting trial lawyers' ability to drive gynocologists out of business by making them pay exorbitant malpractice insurance fees. But the argument is very simple, very straightforward, very clear. This is gonna be on C-Span, and you need to see it.
Bar association task force urges Congress to push for judicial review of Bush signing statements By Elizabeth Weiss Green Posted 7/21/06 ...U.S. News has learned, an American Bar Association task force is set to suggest even stronger action. In a report to be released Monday, the task force will recommend that Congress pass legislation providing for some sort of judicial review of the signing statements. Some task force members want to simply give Congress the right to sue over the signing statements; other task force members will not characterize what sort of judicial review might ultimately emerge.
Huge news - Judge refuses to dismiss NSA lawsuit The Bush adminstration suffered an enormous defeat today, as a federal district court denied its motion to dismiss the lawsuit brought by the Electronic Frontier Foundation against AT&T, which alleges that the administration's NSA warrantless eavesdropping program (and AT&T's cooperation with it) is illegal. Most significantly, the district court, which is in the Northern District of California, rejected the administration's claim that allowing the litigation to proceed would jeopardize the disclosure of "state secrets," a doctrine which the administration has repeatedly exploited to prevent judicial review of its conduct. Traditionally, courts almost always defer to the executive's invocation of that claim and accept the President's claim that national security requires dismissal of the case. But this time, the court rejected that claim. The court's decision is 72 pages long and is online here (.pdf).
Mr. Gonzales also told the senators that President Bush personally blocked Justice Department lawyers from pursuing an internal inquiry into the administration’s warrantless eavesdropping program. “The president of the United States makes the decision,” Mr. Gonzales said, by way of explaining why members of the Justice Department’s Office of Professional Responsibility were not allowed to go forward.
Bush Said to Have Blocked Eavesdropping Inquiry By DAVID STOUT WASHINGTON, July 18 — Attorney General Alberto R. Gonzales said today that Congress should consider simply approving the military-commission procedures for handling suspected terrorists that the Supreme Court has already struck down.
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