Month: January 2006

Spinning Out

by digby

Bush needs to cut down on the coffee. He’s so wound up this morning he looks like he’s going to spin off the stage. There is something wrong with this man.

I appears that he is taking Rove’s advice over his “younger staffers.” He’s adopted the super aggressive swagger attitude favored by his guru:

President Bush warned Democratic critics of his
Iraq policy on Tuesday to watch what they say or risk giving “comfort to our adversaries” and suffering at the ballot box in November. Democrats said Bush should take his own advice.

[…]

Tuesday’s … sharp message represented an attempt by the president to neutralize Democrats’ ability to use Iraq — where violence is surging in the wake of December parliamentary elections and messy negotiations to form a new coalition government — as an election-year cudgel against Republicans.

Bush acknowledged deep differences over Iraq among casualty-weary Americans, just 39 percent of whom approve of his handling of the war, according to AP-Ipsos. Without specifically mentioning Democrats, the president urged campaigning politicians to “conduct this debate responsibly.”

I’m always touched when Republicans show such concern for Democratic electoral prosepcts. I know they only have our best interests at heart.

.

K.I.S.S.

by digby

Samela writes in the comments:

I think the simplest story that reveals the difference between what people perceive as ‘big-business influence through lobbying” (which they relate to both parties) and the Culture of Corruption swirling around the Republicans is the one involving the Magazine Publishers of America.

Back in 2000 the magazine industry hired Abramoff as a lobbyist (he was then at Preston Gates Ellis) to help stem a proposed rise in postal rates. Now, most people can understand why the magazine industry would not want higher postal rates: it affects the bottom line of their business. Aside from printing, postage is one of their biggest costs. No one, of course, likes higher postal rates (and no one particularly wants magazine subscription rates to rise). But sometimes they are necessary to keep the postal system running. Nonetheless, it would seem perfectly legitimate for the MPA to hire a lobbyist to try to put their case before congressional members. One would assume the USPS would similarly be trying to jawbone legislators to present their side of the story, arguing FOR the need to raise postal rates. Senators and representatives should then duly consider the arguments from both sides and come to a decision about whether rates should rise or not.

This is not what happened. Mr. Abramoff was paid $525,000 by the MPA to seek a postal rate reduction in Congress. Did he make a heckuva case for them? Not exactly: he asked the MPA to give an additional $25,000 to a Seattle-based charity (slush fund) he’d helped found–and then he used that money (as well as another $25K from elottery) to help pay the salary for the wife of Tom Delay staff member Tony Rudy. It’s called money laundering and bribery.

It’s okay for lobbyists to collect money from clients to argue their cases before legislators. It’s even okay (though problematic) for businesses or interests who have a stake in congressional legislation to try to elect the people they think can help them by donating to their campaigns, within the law. (Though I’d like to see changes in those laws.) What’s not okay is money laundering and bribery. That is what a number of Republican Congressmen and their staffers are involved in here …. but no Democrats, to our knowledge.

The Democrats may be too tied to corporate contributions, and it’s a problem that needs to be addressed. But we have thus far not seen any widespread shakedown, extortion, bribery, money-laundering schemes to which high-level Democrats or their staffers were party.

It’s an easier story to understand than the baroque Indian tribe one (though smaller in scale). But it’s been going on a long time, and DeLay and his staffers were at the very heart of it.

And yeah…. the Republicans are famous for defending their own until the fire gets too hot. The Democrats let go of Trafficante the moment his shenanigans hit the fan (it might even have been before), disavowing him. The Republicans have been trying to defend DeLay even AFTER his indictment. They got him to relinquish his leadership role, but they have in no way repudiated him formally.

samela

There you have it.

.

How Can He Be Even More Right? A Modest Proposal.

by tristero

George W. Bush’s latest thoughtful speech was, as usual, boldly audacious. With his demand that responsible debate over Iraq must be limited entirely to arguments over exactly how much praise he deserves, The President’s speech will go down in history as among the most remarkable utterances ever.

The American people know the difference between responsible and irresponsible debate when they see [sic] it. They know the difference between honest critics who question the way the war is being prosecuted and partisan critics who claim that we acted in Iraq because of oil, or because of Israel, or because we misled the American people. And they know the difference between a loyal opposition that points out what is wrong, and defeatists who refuse to see that anything is right.

In other words:

Is the Bush administration doing (1) a heckuva job; (2) a heckuva great job; or (3) a totally heckuva great job? And how can we help The President be more right?

Before we can answer that second question, we need to understand exactly why The President refuses to consider the topics he mentions as worthy of responsible discussion.

Of course, we didn’t invade Iraq because of oil. Why this isn’t obvious to everyone is one of the mind-boggling mysteries of our epoch. Briefly, all we’re trying to do is grow the Iraq economy. Now, everyone knows the world is in a post-industrial phase, where it’s high tech that rules, not Big oil-gobbling Iron. Therefore, it’s vital to Iraq’s infrastructure that they make use as soon as possible of their most abundant resource – sand – and become the major player they deserve to be in the international chip market.

All we’re doing is expediting that process by purifying the sand. We’re simply eliminating all that putrid-smelling retro petro-pollution from their valuable natural mineral resource and shipping the smelly sludge – at our own companies’ expense, mind you – back to the US. This is not about oil but about transforming a volatile region into a Land Of Milk and Honey. And Sand. Because of The President’s actions, I can predict with near certainty that within five years Iraq will become the pre-eminent Silicon Desert of the Middle East.

As for Israel, it simply must be recognized that any critic who mentions Israel in the same sentence with Iraq is not only thoroughly irresponsible but clearly an out and out anti-Semite. Now I admit, Pat Robertson may have been overstretching a bit, but only those who refuse to acknowledge cause and effect fail to see the connection between Sharon’s recent stroke and the unremitting criticism he received in the past few months by all those here in the US who refused to support the Iraq war.

Now regarding the alleged misleading of the American people, I submit that The President never did such a thing. The proof, as if any is needed (he is after, all The President, and doesn’t need proof), can be found in this very speech of 10 January, 2006. Notice how carefully and repeatedly The President distinguishes between “Saddamists” and “foreign terrorists.” He’s telling us he’s known all along that there’s a difference and that he’s never confused them. Furthermore, notice how he fearlessly deplores the utterly unprecedented abuse of Iraqi prisoners by Iraqi security forces. This also subtly alludes to the moral axis of The President’s actions in Iraq. After all, where else could those murderous Iraqi security police possibly have learned to perpetrate such horrors if not while suffering under the obscene guidance of the monstrous Sons of Saddam – Uday and what’shisname?

But The President goes even further in clearing our mind of dangerous clutter. Little noticed by the punditocracy – at least so far – The President makes it very clear he has secret evidence American troops never blew up innocent wedding parties. Those were suicide bombers disguised as American planes and Blackhawks.*

But we digress. Back to that second question: How can The President be more right? Okay. I’ll tell you and I’m not going to mince words. And I don’t care who wants to turn me in for saying them!

I think the Big Problem is that everyone thinks The President is wrong and they won’t trust his judgment. I think it’s wrong that these people are wasting The President’s time by making him worry that he’s only doing a heckuva job. I think responsible debate should be limited to whether The President is doing a heckuva great job or better. If this proposal is adopted, The President by definition would immediately be more right! And that’s what we, and he, want.

I think if irresponsible opponents weren’t clogging The President’s time with so many questions and empty scandals that his presidency has begun to resemble a New Orleans sewer, The President would have been able to sign the necessary emergency orders for more upper body armor for our troops. Now, let me be crystal clear about this: Because The President couldn’t find time to sign that order, the critics of the The President’s performance are responsible for much more – way much more – than aiding and comforting our enemies. The irresponsible critics of The President are systematically killing our soldiers. And I don’t care who knows it.

Now, the Doomsayer Democrats object to certain wiretaps made without authorization. I say if they don’t like them, here’s a plan that will end the “illegal” wiretaps debate immediately. Disconnect the critics’ telephones! And while we’re at it, deny ’em ADSL. Let them rant over a 28.8k AOL connection and see how well they like it.

Bottom line: The President couldn’t be more right. After all, he wouldn’t be The President if that wasn’t so. That’s self-evident, just like it says in the Constitution. Or somewhere.

*Don’t let yourself be misled by the irresponsible rantings of mere eyewitnesses who swore they were American planes. They weren’t and I have a reason why they were mistaken.

Now, of course I have only the greatest sympathy for a bride whose husband was turned into viscous red goo in the middle of their vows, but, to be perfectly blunt, such an hysterical woman does not a reliable witness make. Indeed, probably very few men would either, in her position (not as the bride of another man, of course, nor did I mean to imply by “her position” anything smutty, it’s just that I meant…oh, you get it, I don’t need to explain).

Corrupt Reformers

by digby

I admire Rich Lowry’s intellectual integrity in pointing out that no matter how much the Republicans might wish to portray the Abramoff scandal as bi-partisan it just isn’t. But his prescription just won’t do.

You see, this graft and corruption has been going on in plain sight for a long time and GOPers had their mouths so full of pork they apparently couldn’t say a word about it until a Republican Justice Department public integrity section stumbled over Jack Abramoff. The Republican party has no standing to reform itself now. It’s like the mafia saying they promise to clean up their act once Sammy the Bull blew the whistle.

The Abramoff scandal is about corrupt lobbying and money laundering, which was coordinated at the highest levels of the party, run by the majority leader of the House of representatives. But that’s just one of many corrupt GOP practices. There are the perjury and obstruction cases in the CIA leak investigation. And the SEC investigation into the majority leader of the Senate. There are the numerous payola and propaganda schemes. Bribes on the floor of the House. Crooked Pentagon appropriations and missing billions in Iraq. Dirty tricks in New Hampshire. Hiding the real cost of the prescription drug program (and Billy Tauzin being on Pharma take when he got it passed.) The list goes on and on.

(Here are just a few of the alleged GOP ethics abuses from the Washington Post. Here’s an even longer one. And here’s Think Progress’ indispensible compendium of Abramoff criminals.)

This Republican party is crooked. And despite what George Will says, it’s not because of big government. Government spending has exploded under the allegedly “small government” Republicans while delivering less and less to average Americans. They have proven that they are completely full of shit on that issue and anyone who votes for them on that basis is an idiot. Judging by their performance the only things they actually care about are padding their own pockets and protecting their own power. If there are a hoard of “reform” Republicans out there who have been objecting to this pillaging of the treasury, they haven’t exactly been speaking up. All I’ve heard is “praise God and pass the contributions.”

I expect Republicans to take potshots at Clinton and his supporters whenever possible so I don’t usually respond, but this statement is too self-serving to let pass:

Republicans must take the scandal seriously and work to clean up in its wake. The first step was the permanent ouster of Tom DeLay as House Republican majority leader, a recognition that he is unfit to lead as long as he is underneath the Abramoff cloud. The behavior of the right in this matter contrasts sharply with the left’s lickspittle loyalty to Bill Clinton, whose maintenance in power many liberals put above any of their principles.

That might be an apt analogy except for the fact that Democrats defended Clinton out of the principle that a rabid partisan witchunt into a president’s sex life was beyond the pale.

By contrast, both the Republican president and the invertebrate Republican congress have engaged in or silently acquiesced to blatant graft and corruption for years while the Democrats impotently screamed into the void. The party was keeping the seat warm for months while the majority leader remained under indictment. They changed the rules so that an indicted leader could keep his seat until the public outcry forced them to retreat, for crying out loud, and then they launched a grassroots campaign to defend him:

Conservative leaders are crafting plans to launch a public campaign to defend House Majority Leader Tom DeLay (R-Texas).

The move follows a meeting last week among DeLay, Rep. Eric Cantor (R-Va.), the chief deputy majority whip, and nearly two dozen conservative leaders, including David Keene, chairman of the American Conservative Union; Tony Perkins, president of the Family Research Council; Morton Blackwell, president of the Leadership Institute; and Edwin Feulner, president of the Heritage Foundation.

Perkins, Keene and Feulner called the meeting, according to participants.

“It was a rallying cry to our conservative community that we are under assault. We need to fight back. We’re going to have a challenging year with the judicial issue bubbling up in the senate and the impact it may have on our ability to get things done,” said Cantor, who said he described to the group how Democrats and liberal groups have waged a coordinated battle to raise doubts about DeLay’s conduct.

Several of the conservative leaders who met last week are planning to launch a grassroots campaign targeted at conservatives in the districts of House Republican lawmakers whose support for DeLay may be wavering.

This man is a corrupt thug who ran a corrupt political machine. Everybody in Washington knew it. Republicans celebrated it and bragged about it publicly. For them to now go all Claude Rains about it is just funny.

It’s possible that the voters will not care or will not hold Republicans responsible for this corruption. But these are early days in the 2006 election cycle and many more shoes are going to drop over the next few months. I wouldn’t want to place a bet that Americans won’t laugh at any Republican claiming the mantle of reform come election day. It’s going to be very easy to find pictures of Republicans kissing the ring of Tom DeLay.

Update: Read this great post by Tom Watson (via Wolcott)on this topic.

.

Wallflowers

by digby

I feel so dirty. My Alito the freeper post is linked on both The Corner and Free Republic. Seems bedwetters don’t like my armchair analysis of the chickenhawk pathology one little bit.

Here’s Jonah:

I DUNNO… [Jonah Goldberg]

Byron – Seems to me the cops at the ’68 convention proved their “manhood” without going to Vietnam or joining the croud chanting “Ho, Ho, Ho Chi Minh!” and echoing Che Guevara’s call for “two, three, many Vietnams.”

Also, it’s kind of funny listening to liberals argue that getting laid “a lot” makes you a man.

Addendum: I posted too fast. I meant to say it’s kind of funny listening to liberals argue that there are only two paths to becoming a man — getting laid “a lot” and going to war. And here I thought they didn’t like social Darwinism.

He actually wrote the words “getting laid a lot makes you a man” and then came back with an oops “I posted too fast.” You can’t make this shit up.

Of course if he’d read the post in question he would know that I didn’t actually say that there are only two paths to manhood, but that’s just nitpicking. He’s right. There is a tried and true path to manhood for right wing chickenhawks: they can host Kaffee Klatches for mama, Linda Tripp and Michael Isikoff and then make a whole career out of it.

The best freeper comment is this:

This Freeper will gladly meet Mr. “Digby”, anytime, anywhere, for a little test of “physical courage”. Hygiene-challenged, hairy little socialist creeps who throw like girls ought not write checks their skinny butts can’t cash. I know: when the phone doesn’t ring…I’ll know it’s him. Chickenhawk? Chickensh!t.

Me thinks the lady doth protest too much.

Here’s a thread to vote on Alito’s freeper handle over at MYDD. I’m thinking “wallflower”.

.

Freeping The Court

by digby

I watched the Roberts hearings and couldn’t help being impressed by the guy even though I knew he was way too conservative for me. He was obviously intelligent, confident and smooth and I ended up thinking that anybody who was smart enough to keep a good distance between himself and the Federalist Society might just be smart enough to see through their more ridiculous theories. That’s probably wishful thinking, but still.

By contrast, I just had a chance to see Alito’s opening statement and I have to say that I think he came off as an asshole:

And after I graduated from high school, I went a full 12 miles down the road, but really to a different world when I entered Princeton University. A generation earlier, I think that somebody from my background probably would not have felt fully comfortable at a college like Princeton. But, by the time I graduated from high school, things had changed.

And this was a time of great intellectual excitement for me. Both college and law school opened up new worlds of ideas. But this was back in the late 1960s and early 1970s.

It was a time of turmoil at colleges and universities. And I saw some very smart people and very privileged people behaving irresponsibly. And I couldn’t help making a contrast between some of the worst of what I saw on the campus and the good sense and the decency of the people back in my own community.

This is the same guy who wanted to keep women out of Princeton. Presumably, they wouldn’t have “felt comfortable” there. But that’s not what made that statement so revealing. It’s this notion of smart and privileged people “behaving irresponsibly.”

I think it’s fairly certain that he’s not talking about branding frat boys’ asses or getting drunk and stealing Christmas Trees. He’s talking about anti-war protestors, feminists etc. And like so many campus conservatives of that era, he sounds like he’s still carrying around a boatload of resentment toward them.

Roberts apparently came out of all that unscathed. Confident in his own abilities and social prowess, he didn’t appear to have this puny, pinched view of liberalism as a threat to decency and morality. (He may have it, but it didn’t show — or he was smart enough to hide it in his hearings.) Alito is one of those other guys. You know the ones:

The only political aspirants among those three groups who failed to meet the test of their generation were the chickenhawks. And our problem today is that they are the ones in charge of the government as we face a national security threat. These unfulfilled men still have something to prove.

And, I suspect because their leadership of the “conservative” movement has infected the new generation, we are seeing much of the same pathology among younger warhawks as well. This is why we hear the shrill war cries of inchoate bloodlust from these quarters every time the terrorists strike. It’s a primal scream of inner confusion and self-loathing. These are people whose highest aspirations and deepest longings are wrapped up in their masculinity, and yet they are flaccid failures. They are in a state of arrested development, never having faced their fears, never becoming men, remaining boys standing in the corner of the darkened hallway watching Bill Clinton emerge from a co-ed’s dorm room to lead a rousing all night strategy session — and sitting in the bus station on the way home for Christmas vacation as Chuck Hagel and John Kerry in uniform, looking stalwart and strong, clap each other on the back in brotherly solidarity and prepare to see what they are really made of. They have never been part of anything but an effete political movement in which the stakes go no higher than repeal of the death tax.

In other words, he’s a freeper. I say filibuster the creep.

.

Welcome Back Newtie

by digby

As much as I love having Newtie back on the scene reprising his former role as a fake Republican reformer, I can’t help but wonder how he hopes to explain the fact that he was officially reprimanded as Speaker for his unethical behavior by a special counsel . I realize that this happened almost ten years ago, so it’s ancient history, but it was quite the circus at the time:

The House ethics committee recommended last night that House Speaker Newt Gingrich (R-Ga.) face an unprecedented reprimand from his colleagues and pay $300,000 in additional sanctions after concluding that his use of tax-deductible money for political purposes and inaccurate information supplied to investigators represented “intentional or . . . reckless” disregard of House rules.

The committee’s 7 to 1 vote came after 5 1/2 hours of televised hearings and the release of a toughly worded report on the investigation by special counsel James M. Cole. The recommendation, which followed a week of partisan conflict that has split the House into warring camps, sets the stage for a resolution of this investigation into Gingrich’s actions.

Gingrich earlier admitted he had violated House rules and was prepared to accept the committee’s recommendation for punishment. If the full House votes as expected on Tuesday, Gingrich would become the first speaker to be reprimanded for his conduct and would begin his second term politically weakened and personally diminished.

[…]

Cole said he had concluded that Gingrich had violated federal tax law and had lied to the ethics panel in an effort to force the committee to dismiss the complaint against him. He said the committee members were reluctant to go that far in their conclusions, but said they agreed Gingrich was either “reckless” or “intentional” in the way he conducted himself.

[…]

Cole made clear he had concluded that Gingrich’s activities were not random acts but part of a pattern of questionable behavior. “Over a number of years and in a number of situations, Mr. Gingrich showed a disregard and lack of respect for the standards of conduct that applied to his activities,” he said.

Newtie was always loosey goosey about ethics, even as he excoriated the Democrats. (He did it just recently, saying that people expect the Democrats to be corrupt.) And like all Republicans, his hypocrisy knew no bounds:

How sweet a victory it must have been when Newt Gingrich ran former House Speaker Jim Wright (D-Texas) out of town because he made $55,000 off the bulk sale of his book to lobbyists. The trick was turned by Gingrich’s insistence that an independent counsel be appointed. As Gingrich put it back in 1988: “The rules normally applied by the Ethics Committee to an investigation of a typical member are insufficient in an investigation of the Speaker of the House, a position which is third in line of succession to the Presidency and the second most powerful elected position in America. Clearly this investigation has to meet a higher standard of public accountability and integrity.” Gingrich’s words must haunt him now, when his own far more lucrative and questionable book deal has been added to complaints filed with the House Ethics Committee alleging his improper use of political-action-committee and nonprofit-foundation money.

Gingrich has attempted to squiggle out of the book controversy by giving up the $4.5-million advance from HarperCollins, the book publishing company owned by Rupert Murdoch…he had met secretly with Murdoch — Mr. Multinational himself, a man who built his media empire by hustling legislators on three continents — Nov. 28, three days before he began negotiating the book contract. But when the book deal was announced in December, Gingrich’s press spokesman, Tony Blankley, told reporters he didn’t know whether his boss had ever met with Murdoch. Why didn’t Gingrich step forward then and admit to the meeting if there was nothing to hide? Why was it only after the New York Daily News broke the story that he confessed?

The truth leaked out when a Murdoch spokesman the next day conceded that an NBC lawsuit against the Murdoch-owned Fox network, based on the foreign-ownership issue, was discussed. And two days later, we learned from Murdoch’s Washington lobbyist, Preston Padden, who was also at the meeting, that this was not a chance courtesy call but rather was planned to counter NBC’s lobbying.

This week, Gingrich was dissembling once again: “They said something to me about, ‘We are in this big fight with NBC,’ and I said fine. I mean, I don’t care. I never get involved in individual cases like that.”

And then, of course, there’s this:

In August 1999, Gingrich revealed that he had been carrying on an extramarital affair for the past six years with a House clerk twenty-three years his junior, Callista Bisek. Critics noted that Gingrich’s adultery had taken place while he was leading moral attacks against Bill Clinton during the Lewinsky scandal. Because of the similarity of the situations, critics charged Gingrich’s attacks on Clinton had been grossly hypocritical

Still, despite his checkered past, we really shouldn’t be surprised that Newtie is the Republicans’ front man on ethics and a likely candidate for president. At this point he’s about the cleanest they’ve got.

.

Tolerance In The Heartland

by digby

TBOGG has the scoop on the Utah theatre that banned “Brokeback Mountain”. It’s quite strange when you think about it because Mormans were traditional adherants of polygamy which Rick Santorum contends is the inexorable consequence of legalizing gay marriage.

In fact, I find all this Utah intolerance to be quite puzzling. Here’s Orrin Hatch in 2003:

‘I’m not here to justify polygamy,” he said. ”All I can say is, I know people in Hildale who are polygamists who are very fine people. You come and show me evidence of children being abused there and I’ll get involved. Bring the evidence to me.”

Hatch said he could not take unsubstantiated claims and enforce law, and he would not ”sit here and judge anybody just because they live differently than me.

”There will be laws on the books, but these are very complicated issues,” Hatch said.

Gee, and gay sex isn’t even illegal.

For those looking for the bigger picture, here’s the latest on the grosses for the film that everyone assumned would fail big time in Real Murika:

Don’t look now, but Brokeback Mountain is selling in the heartland. The gay cowboy romance, which has been cleaning up in early awards races, was considered a difficult box-office sell nationwide because of its subject matter.

But Brokeback Mountain is averaging $10,000-plus per screen in such markets as San Antonio, Nashville and Columbus, Ohio, according to Nielsen EDI.

The Ang Lee film was ninth at the box office this weekend with $5.8 million on 483 screens, a healthy $11,904 per-screen average. That’s a higher average than the No. 1 movie of the week, Hostel.

“It’s been humbling to see how the movie is getting received across the country,” says Jack Foley, head of distribution for Focus Features. “We knew we were getting good reviews and doing well at the awards. But that’s never a guarantee you can sell your movie across the country — particularly the most conservative parts of it.”

And all the Oscar talk is bringing in couples, including a lot of hetero men who suffer from Larry David syndrome:

Comedian Larry David joked in a New York Times commentary that “cowboys would have to lasso” him into the theater, because he’s sure the voice in his head would say, ” ‘You like those cowboys, don’t you? They’re kind of cute.’ “

I think everyone can agree that Jake Gyllenhall does have a purdy mouth.

.

Who’s A Terrorist?

by digby

Kevin responds to Joe Klein’s tremulous admonition that Democrats should temper their criticism of the NSA illegal spying because it makes us look like we don’t care about terrorism:

Politically, I continue to think Democrats should make it absolutely clear that what they’re attacking isn’t necessarily the NSA program itself, but the fact that the president unilaterally decided that he could approve the program without congressional authorization. In the world of 10-second sound bites, that might end up being a difficult distinction to make, but it’s worth making it over and over anyway. We’re not opposed to cranking up our intelligence efforts, but we are opposed to a president who thinks that a vague and indefinite state of war gives him the authority to do anything he wants.

Absolutely. But then, I don’t understand why anyone is worried about this in the first place. I don’t think anyone seriously suggests that the government doesn’t have the power to spy on suspected terrorists. The polls show that a majority of people already believe that the president should have to get a warrant before spying on American citizens. Indeed, I think all of us naturally assumed that the FBI has been doing that for years and those in the know understood that the NSA had the ability to do it through the FISA court. I don’t know of anyone who is saying that the government should be able to do this at all — this idea that people are just “against wiretapping” is a straw man.

There is no downside to criticizing this administration for illegally wiretapping Americans in no uncertain terms. But, I think we can take it one step further. We need to be asking why they couldn’t even get John Ashcroft to sign off on the renewal of this program back in 2003. Why did the FISA court deny more applications after 9/11? It’s impossible to imagine that they were tightening existing rules at a time like that. The history of this program is suspicious and it isn’t just unAmerican civil libertarians like me who are aware of the potential for abuse. Even people who support the program see it. Here’s a quote from the AP poll over the week-end:

The issue is full of grays for some people interviewed for the poll, including homebuilder Harlon Bennett, 21, a political independent from Wellston, Okla. He does not think the government should need warrants for suspected terrorists.

“Of course,” he added, “we all could be suspected terrorists.”

This is an issue that cuts across all the abuses of power in the GWOT, from rendition to torture to illegal wiretapping. What constitutes a suspected terrorist? Without due process how do we know that innocent people aren’t being accused? There is no review. There is no oversight. We are asked not only to take the word of the president that he is using these extra-legal powers judiciously, we are asked to believe that all the people he’s judiciously using these powers against are guilty.

Some Americans don’t trust this president. Some Americans wouldn’t trust a Democratic president. And some of us don’t trust any president with the power to unilaterally decide who is a terrorist and who isn’t and then unleash extra-legal actions against them. Certainly, we don’t believe that any president can unilaterally declare someone guilty.

Yet that is exactly what has been happening. And we know that many of the people who the president has decided are guilty were not. A fair number of those who were beaten, abused and tortured in our custody at Gitmo and elsewhere have turned out to be cases of mistaken identity. Others were “sold” to Americans as terrorists by rivals. Still more were low level grunts who had no operational knowledge of anything. This has happened quite often. Yet, we have accepted it because we “we’re at war” excuses a great deal of inhumane behavior (which is why we should always be careful about saying that we are waging one.) It’s very easy for people to fall into a primitive tribalism — the old “the only good Muslim is a dead Muslim” or perhaps “if you don’t want to be seen as a terrorist, don’t be a Muslim.”

But this NSA illegal spying issue has brought all that home. We have a president who believes that he knows who is guilty and who is not. He believes that he has the inherent constitutional power to declare American citizens “unlawful combatants.” He interprets the office of president to be above the laws. When you have a president who takes this position, it is not illogical to assume that he might declare some innocent Americans to be suspected terrorists as well. And that innocent American could be anyone.

The supporter of wiretaps who I quoted above knows that, too. I can’t see any reason why Democrats and civil libertarians of all stripes should be afraid to make that point openly. It’s why due process was made a part of the Bill of Rights in the first place.

If we willingly discard this principle in the case of morons who are planning to attack the Brooklyn Bridge with a blow torch, why on earth should we adhere to the principle in cases of dangerous gangs or serial killers or child molesters? After all, throwing those people in jail without due process, wiretapping them without a warrant, holding them indefinitely without trial could easily be seen as the president upholding his personal oath to “protect the American people” which has now officially usurped his official oath to protect the constitution.

The fourth amendment is in place to protect innocent people who mistakenly or purposefully get caught up in the government’s hugely powerful maw. To pussyfoot around that bedrock principle is to help destroy it.

I’m betting that Joe Klein and his band of would-be tough guy liberals are on the wrong side of this. Fifty-six percent of the country already believes that the government should have to follow due process. Even that guy who supports wiretaps knows very well that there is a danger in allowing anyone the unilateral power to decide who is a suspected terrorist. I hope that Democrats ignore the mewling of timorous pundits and call upon Americans’ regard for liberty and their healthy skepticism of government power to make this argument explicitly.

.

Presidential Infallibility

by digby

Atrios flags this catch by Weldon Berger regarding Bush’s use of “signing statements” (which I admit I only vaguely understood until until recently.) Weldon writes:

Bush doesn’t veto bills because in his view, he doesn’t have to; he can simply ignore the ones he doesn’t like.

The administration have made that argument explicit, but only in terms of the president’s capacity as “commander in chief” during an endless war, as with the National Security Agency’s warrantless wiretapping, the decisions to ignore various Geneva Conventions and the selective suspension of habeas corpus. According to the Hutcheson story, though, it isn’t only legislation dealing with national security issues that the White House asserts the right to ignore.

The Hutcheson story lays out how Bush has used these signing statements:

President Bush agreed with great fanfare last month to accept a ban on torture, but he later quietly reserved the right to ignore it, even as he signed it into law.

Acting from the seclusion of his Texas ranch at the start of New Year’s weekend, Bush said he would interpret the new law in keeping with his expansive view of presidential power. He did it by issuing a bill-signing statement – a little-noticed device that has become a favorite tool of presidential power in the Bush White House.

In fact, Bush has used signing statements to reject, revise or put his spin on more than 500 legislative provisions. Experts say he has been far more aggressive than any previous president in using the statements to claim sweeping executive power – and not just on national security issues.

“It’s nothing short of breath-taking,” said Phillip Cooper, a professor of public administration at Portland State University. “In every case, the White House has interpreted presidential authority as broadly as possible, interpreted legislative authority as narrowly as possible, and pre-empted the judiciary.”

Signing statements don’t have the force of law, but they can influence judicial interpretations of a statute. They also send a powerful signal to executive branch agencies on how the White House wants them to implement new federal laws.

In some cases, Bush bluntly informs Congress that he has no intention of carrying out provisions that he considers an unconstitutional encroachment on his authority.

“They don’t like some of the things Congress has done so they assert the power to ignore it,” said Martin Lederman, a visiting professor at the Georgetown University Law Center. “The categorical nature of their opposition is unprecedented and alarming.”

Lest anyone think that this is a unique practice of the Bush administration, the article points out that other presidents have issued signing statements too. But Bush has made a fetish out of them by issuing more than 500 of them, often specifically citing the Presidential Infalliibility Doctrine (aka the “Unitary Executive Theory”).

Here’s what I find fascinating about that. Other presidents issued signing statements to bills. (I have no idea if they also cited the Presidential Infallibility Doctrine.)But they were almost always working with a congressional majority of the other party. You can see why a president would want to establish his interpretation of a hard fought negotiation with political opponents. So, although I am appalled at the idea of unchecked presidential power under any circumstances, I can at least see the logic of a typically authoritarian Republican using these tactics when dealing with a liberal Democratic congress. But you have to ask yourself why he can’t get laws passed exactly the way he wants them to in his rubber stamp congress? He couldn’t get Bill Frist, his own handpicked puppet, and Tom DeLay, his own Tony Soprano, to pass bills in language that he could agree with? After 9/11?

The answer is of course he could have. He chose not to:

The roots of Bush’s approach go back to the Ford administration, when Dick Cheney, then serving as White House chief of staff, chafed at legislative limits placed on the executive branch in the aftermath of the Watergate scandal and other abuses of power by President Nixon. Now the vice president and his top aide, David Addington, are taking the lead in trying to tip the balance of power away from Congress and back to the president.

Weldon Berger puts it this way:

The upshot of this is that until someone gets around to challenging the White House, Congress is just an advisory body with the authority to dole out bucketloads of cash. For now, we have a coup.

I can’t help but chuckle mordantly at these chickenshit congressional Republicans who have laid down their integrity and their duty to the constitution for this spoiled little Dauphin and his evil grey eminence, Dick Cheney. But then, they’ve been paid handsomely in mountainous piles of pork, so I suppose they’ve been amply rewarded for their pusillanimous gluttony.

Barring a filibuster, it looks as if Alito will be confirmed on a party line vote (or close to it.) There is little doubt in my mind that he believes in this doctrine. However, after Bush vs Gore, I also no longer have any illusions that the Supreme Court is above partisan politics. I suspect that Alito and others will have qualms about codifying the Unitary Executive Theory because someday a Democratic president could face a Republican congress.

But it doesn’t matter. The president doesn’t believe that the Supreme Court has the power to rule on the issue of presidential power in the first place. I’m sure the Federalist Society will come up with an appropriate remedy should a Democrat ever become president and decide to exercise the same power.

If you are interested in going deeply into this topic, Michael Froomkin is an expert on this doctrine of presidential infallibility (aka “the Unitary Executive Theory”) and has been writing about it for quite some time:

[This is] an argument popular with the Federalist Society, but not taken seriously by mainstream academics, for unlimited, uncontainable, Presidential power. The so-called “unitary executive” argument is set out most clearly in a Harvard Law Review article, Steven G. Calabresi & Kevin H. Rhodes, The Structural Constitution: Unitary Executive, Plural Judiciary, 105 Harv. L. Rev. 1155 (1992). My explanation as to why this article is profoundly wrong and dangerous can be found at A. Michael Froomkin, The Imperial Presidency’s New Vestments, 88 Nw. L. Rev. 1346 (1994), which in turn sparked separate and not entirely consistent answers from each of the two authors of the Structural Constitution article. My rebuttal article Still Naked After All These Words, 88 Nw. L. Rev. 1420 (1994) is also online.

.