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Month: June 2007

Booing Hillary

by digby

It was inevitable that Fox would get this wrong and it’s also inevitable that the rest of the mainstream media will follow their lead,but for the record, Hillary was not booed because she said she supports the troops — she was booed because she blamed the Iraqi government for the failure of the occupation — a commonly used line among Democrats as well as some Republicans despite it’s rather loathesome implications.

I assume the Democrats have focus grouped this line and find that it appeals on some level — and I think you can all imagine what level that might be. (It could be argued that it’s a tactic to force the Iraqi government to make some moves before the election if they feel that the Democrats are going to be harder on them…) But the fact is that horrible cock-up in Iraq is the result of a foolish and cynical US invasion invasion of Iraq and a complete lack of any intelligent planning for the aftermath. To blame the Iraqi government for the intractable sectarian differences that most respectable experts and historians predicted would make this deluded neocon project a failure is pretty cheap.

The progressives gathered at the TBA conference are not uninformed or likely to misunderstand the unpleasant implications of this approach and so are a very poor audience on which to use it. Nonetheless, Fox News and others who are making this into something else as a way to tar the candidates and liberals again with lack of patriotism are asses.

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Judge Cutie

by digby

Did you all hear about our illustrious Supreme Court Justice Antonin Scalia using the fictional character of Jack Bauer to illustrate his belief that torture is necessary in a time of crisis?

Senior judges from North America and Europe were in the midst of a panel discussion about torture and terrorism law, when a Canadian judge’s passing remark – “Thankfully, security agencies in all our countries do not subscribe to the mantra ‘What would Jack Bauer do?’ ” – got the legal bulldog in [Justice Antonin Scalia] barking.

The conservative jurist stuck up for Agent Bauer, arguing that fictional or not, federal agents require latitude in times of great crisis. “Jack Bauer saved Los Angeles. … He saved hundreds of thousands of lives,” Judge Scalia said. Then, recalling Season 2, where the agent’s rough interrogation tactics saved California from a terrorist nuke, the Supreme Court judge etched a line in the sand.

“Are you going to convict Jack Bauer?” Judge Scalia challenged his fellow judges. “Say that criminal law is against him? ‘You have the right to a jury trial?’ Is any jury going to convict Jack Bauer? I don’t think so.”

I assume he was just being his usual rollicking, hilarious self, but I do worry just a tad that he fails to understand that in real life there is no narrative arc and you can’t change the script if it doesn’t work. And I worry even more that he and his philosophical brethren forget that sometimes the “good guys” are actually the “bad guys” and when the “good guys” are given total latitude to decide what is and is not a “crisis” we will tend to find ourselves in one all the time.

This Jack Bauer phenomenon is getting out of hand. It’s bad enough that average Americans get off on the idea that sometimes you just have to take the gloves off and pull somebody’s fingernails out. And it’s even worse that right wing talk show hosts believe that because “24” gets good ratings it should be taken as a national referendum in support of torture. But I guess I expect something a little bit more serious from Supreme Court judges — even adorable pranksters like Scalia.

And I will be most anxious to learn in what other situations he supports jury nullification. It is, to say the least, an unusual outlook on the rule of law from a Supreme Court justice.

I’m certainly looking forward to the next 20 years of conservative judicial activism, aren’t you? I knew they’d be rolling back as much progress as possible, but I didn’t actually contemplate that they’d try to roll it all the way back to the Inquisition. Good to know.

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Digby
by Dover Bitch

Digby, you told me I could write whatever I wanted here, so I’ll take the opportunity to say your speech was the best! Here’s a thread for comments.

Update:

Thanks for the kind words everyone. I’m very glad you liked it…

digby

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Rejected
by Dover Bitch

I was travelling last week and I’m still catching up on all the news I missed. Today, I read the Fourth Circuit’s al-Marri opinion and is it a doozy (PDF).

If John Yoo and David Addington weren’t done emptying out the liquor cabinet by p. 71, the conservative court’s smackdown of the unitary executive theory here was probably enough alone to send them into a slurred-speech babble (emphasis mine):

In light of al-Marri’s due process rights under our Constitution and Congress’s express prohibition in the Patriot Act on the indefinite detention of those civilians arrested as “terrorist aliens” within this country, we can only conclude that in the case at hand, the President claims power that far exceeds that granted him by the Constitution. 17

We do not question the President’s war-time authority over enemy combatants; but absent suspension of the writ of habeas corpus or declaration of martial law, the Constitution simply does not provide the President the power to exercise military authority over civilians within the United States. See Toth, 350 U.S. at 14 (“[A]ssertion of military authority over civilians cannot rest on the President’s power as commander-in-chief, or on any theory of martial law.”). The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention. Put simply, the Constitution does not allow the President to order the military to seize civilians residing within the United States and detain them indefinitely without criminal process, and this is so even if he calls them “enemy combatants.”

A “well-established purpose of the Founders” was “to keep the military strictly within its proper sphere, subordinate to civil authority.”

Marty Lederman had much more last week on the decision. TalkLeft had a series of posts on the case as well.

After the 2006 elections, the concern-troll Republicans warned the new majority they better not “overreach.” Certainly, nobody will accuse them of doing that with a straight face.

But when future generations look back at the hubris and avarice of the Bush administration, the word “overreach” might be among the most appropriate. An overreaching view of authority. Overreaching in foreign policy. Overreaching in privatization. Overreaching in trying to control ideas and facts. Overreaching in expecting the military to fix everything.

Great news from the Fourth Circuit and incredible to see how roundly rejected the law-breaking of this president has been. After watching Congress abdicate their obligations for so long, the hearings these past few months have been nothing short of flabbergasting. Learning that the leaders of the Justice Department were, at one point, on the verge of resigning, and now seeing conservative courts saying “enough…” It makes me think this might be America, after all.

While we’re on the subject of looking at Bush’s place in history, I cannot wait to read Glenn Greenwald’s new book, A Tragic Legacy, due to be released June 26.

Slaughter

by tristero

It sounds real high-toned and nice, but as far as I’m concerned, this is just imperialism with a human face. David Rieff has this about right. American exceptionalism is not something to celebrate but to strongly oppose for There Lie Monsters. Let’s not forget where this goody two-shoe-ism leads, which is usually straight into debacles. But I must admit: It’s true we haven’t had any foreign policy disasters recently trying to export Truth, Justice, and The American Way. Except for Iraq, Afghanistan, North Korea, Israel/Palestine, Lebanon, Darfur, Russia, Kyoto, Darfur, Mexico, Venezuela, and Pakistan. To name just a few.

Michael Lind also has much goodness to say (subscription to nation needed to access the link) in criticizing Slaughter’s position. He calls it “neoconservatism with a human face.”

Imperialism or neoconservatism, or whatever. it’s a rotten idea to think you’ve got the kind of country everyone else wants to live in, and the kind of values everyone else should have. Believe it or not, my fellow Americans, but there actually are people in this wide world of ours who really don’t find “Who Wants To Marry A Millionaire” either entertaining or amusing. As for systems of government, believe it or not, my fellow Americans, there actually are countries with better ones. This country would be a far better place if it banned capital punishment. And made it illegal to skip voting. And embraced some sections of the South African Constitution. And actually educated its kids in science. And had a working system of healthcare for all.

Me, I’d just settle for a media as free as Finland’s. (But you can hold the raw chopped reindeer meat, thank you very much.)

Does this mean realism, isolationism, and no “values” in foreign policy? Of course not. But the best way to spread your own values is to not to proletyze or impose them on others, but simply to live them.

And a fabulously wealthy country that hasn’t done right for its own citizens – remember Katrina? and oh how I could go on – has little reason to talk Ms. Slaughter’s kind of talk, except as a cynical pretext for interfering for its own purposes in places it has no right to.

A reference point
by Dover Bitch

Today is Juneteenth. Happy Juneteenth!

It’s a day to celebrate the abolition of slavery, but also to remember that there remains quite a bit of road ahead on the path to true equality under the law in America. The hard work left to do is especially glaring this year, in light of the fact that the Department of Justice seems hell-bent on making a U-turn.

Nancy Pelosi issued an eloquent statement today about the holiday:

“In his famous Gettysburg address, President Abraham Lincoln promised a new birth of freedom in our nation. And today we commemorate the day of new birth in which all people in America were made free: June 19, 1865.

“Known as Juneteenth, this is the day when Union Major General Gordon Granger landed in Galveston, Texas to issue the President’s executive order, known to us as the Emancipation Proclamation. Although the Emancipation Proclamation went into effect on January 1, 1863, it took almost two and half years for the Proclamation to be enforced throughout all of the United States.

“Juneteenth has evolved into a national day of reflection and celebration for millions of Americans across the country. Juneteenth is America’s reminder of a past of inequality, and a future of justice for all citizens. It is a reference point from which to appreciate the progress made in our society, toward the ideal of equality that is America’s heritage and hope.”

Paul Kiel at TPM Muckraker published a post last Friday detailing how clearly the DOJ Civil Rights division has been undermined by this administration. Every week, it becomes even more obvious.

I’m going to deviate a bit. It’s not the true intention of the holiday, but I can’t help thinking also about the way the world has advanced physically since 1865 and how news travels. Of course, part of the reason it took so long for word of the Emancipation to be delivered to the slaves in Texas was the fact that the Confederacy was in control and had no motivation for spreading that particular news item.

But news didn’t travel so fast, anyway. Radio was still a generation away. And even sending a person somewhere wasn’t that easy. There was no interstate highway system. When the 19th Century began, First Lady Abigail Adams got lost in the woods just trying to get from Baltimore to Washington D.C.

As with equal rights, it often seems that progress is “an arch wherethrough gleams that untravelled world, whose margin fades for ever and for ever when I move,” to be presumptuous enough to borrow from Tennyson. We just never seem to get there. You might be reading this post 10,000 miles from where it was written within minutes of its publishing. But a police officer still can’t reliably tell a firefighter to get out of a collapsing building with an interoperable radio. The federal government couldn’t even figure out help was desperately needed at the Superdome after Katrina. And the signal-to-noise ratio is so low these days that information doesn’t penetrate even after it arrives, hence the Saddam was behind 9/11 poll results.

I think the good news is that we’re close enough technologically that a simple change of leadership might be all it takes to get our nation communicating the way we ought to be. Just getting Ted Stevens away from a gavel was a good start. With enough pressure on the FCC, the Internet just might survive the threat of corporate control.

Equality under the law? Well, electing a president who will reverse some of the damage to the Justice Department will get us back on the road, at a bare minimum. I doubt there will ever be a Juneteenth when we can float out the Mission Accomplished banner. But as Pelosi said, today is a reference point and a chance to evaluate where we’ve been, where we are and where we are headed.

Show some adaptability

by Dover Bitch

At the Take Back America Conference today, in the Women Rising: The Issues that Count panel, Planned Parenthood president Cecile Richards made an important point that may only be just beginning to sink in for most of America: The Bush administration’s changes to the judiciary are going to have a long-lasting impact on the nation.

I think the most lasting legacy of this administration, besides the war in Iraq, will be the total remake of the federal judiciary, which we’re going to live with for decades. It’s not… It is the Supreme Court, but it’s obviously much, it goes much deeper.

And I do believe, actually though, this is the time that we… Litigation was a tool we used for years and at the end of the day, we always thought we could sort of rely on nine predominantly men in robes, and those days are over. And so I think this is our opportunity and obligation to rebuild a movement in this country. And it does mean building grassroots support in this country, state by state.

It’s why it was so important for Planned Parenthood’s action fund in the last election to demonstrate that being pro-women’s rights and pro-women’s health care was not only the right thing to do, it was the politically right thing to do. And I think that’s why it was so important that we elected governors across the country and have to continue to do that. Because at the end of the day, the decisions that are being made, and some of them were spoken here, that affect women’s access to health care, women’s access to affordable health care and teen’s access to comprehensive, medically accurate sex education… These decisions are being made by governors and state legislatures.

So, I think it is incumbent on all of us to do our work at the local level and as we know — anybody who is spending time in Washington knows — everyone on Capitol Hill came from somewhere else. So, if we change power in this country, we’re going to change Washington.

The sooner this registers in everybody’s skulls, the better. I hesitate to say that people who believe a woman has a right to control her own body have become complacent, but the fact of the matter is that the courts are no longer a reliable last line of defense for women’s rights. The arena in which women’s rights will be secured has shifted and become less concentrated, which means the burden of maintaining those rights will have to be shared by more Americans.

Furthermore, there is hardly a flatter lie than when a GOP candidate says these issues should be left to the states. Is there any doubt that the minute a woman no longer has a Constitutional, fundamental right to make these decisions, the pro-life movement will immediately attempt to have a federal ban? They’ve been trying to do that already, even with a woman’s rights protected by Roe.

The ongoing struggle for women’s reproductive rights is going to become increasingly a state and local issue, but it will remain a federal issue as well. Hopefully America won’t waste too much time adapting to this new landscape because there isn’t much time to lose and it’s no longer up to a group of smart and dedicated lawyers to keep us free.

UPDATE: After reading some of Hullabaloo’s excellent commenters, it is obvious to me that I missed a golden opportunity to point out that the president of any organization that endorsed Joe Lieberman has some chutzpah to be lamenting the fact that we can no longer rely on the Supreme Court to protect women’s rights.

Of Course They Knew

by Dover Bitch

In one of the homework assignments Digby left for us all, The General’s Report, Sy Hersh describes the willful ignorance of the pentagon leadership when confronted with the bitter fruit that Donald Rumsfeld’s policies yielded. Rumsfeld refused to look at the photographs, even though he knew what horrible acts the photos depicted. Others made the same decision.

Christy finds in this transparent and cowardly act a theme for the administration at large:

Plausible deniability. If it sounds familiar, it is because it has been the constant refrain from Bush Administration officials — including AG Gonzales in the latest series of inquiries into Department of Justice improprieties. They are using what ought to be a solemn, ethical obligation as a shield for liability from wrongdoing, taking an obligation to not interfere with genuine fact-finding and twisting it into an excuse for not correcting an ongoing problem. This is not governing, it is CYA at the highest levels — and they should not be allowed to continue along this tactical path.

The thing is, for plausible deniability to work as a defense, it has to be, you know, plausible. I suppose you could argue, after witnessing the war that Rumsfeld designed for us in Iraq, that he has either no imagination whatsoever or the greatest imagination of all time. After all, he couldn’t seem to fathom that even basic lawbreaking would occur after the government was toppled in Iraq. On the other hand, the entire affair persisted in appearing to Rumsfeld a smashing success until the day he was dismissed.

But no functional human lacks enough imagination to require a photo to picture this:

“Here . . . comes . . . that famous General Taguba—of the Taguba report!” Rumsfeld declared, in a mocking voice. The meeting was attended by Paul Wolfowitz, Rumsfeld’s deputy; Stephen Cambone, the Under-Secretary of Defense for Intelligence; General Richard Myers, chairman of the Joint Chiefs of Staff (J.C.S.); and General Peter Schoomaker, the Army chief of staff, along with Craddock and other officials. Taguba, describing the moment nearly three years later, said, sadly, “I thought they wanted to know. I assumed they wanted to know. I was ignorant of the setting.”

In the meeting, the officials professed ignorance about Abu Ghraib. “Could you tell us what happened?” Wolfowitz asked. Someone else asked, “Is it abuse or torture?” At that point, Taguba recalled, “I described a naked detainee lying on the wet floor, handcuffed, with an interrogator shoving things up his rectum, and said, ‘That’s not abuse. That’s torture.’ There was quiet.”

[…]

I learned from Taguba that the first wave of materials included descriptions of the sexual humiliation of a father with his son, who were both detainees. Several of these images, including one of an Iraqi woman detainee baring her breasts, have since surfaced; others have not. (Taguba’s report noted that photographs and videos were being held by the C.I.D. because of ongoing criminal investigations and their “extremely sensitive nature.”) Taguba said that he saw “a video of a male American soldier in uniform sodomizing a female detainee.” The video was not made public in any of the subsequent court proceedings, nor has there been any public government mention of it. Such images would have added an even more inflammatory element to the outcry over Abu Ghraib. “It’s bad enough that there were photographs of Arab men wearing women’s panties,” Taguba said.

At this point, there are so many examples of dereliction on behalf of the administration and the “party of accountability” that it’s simply not plausible that any group of people could be that oblivious. But the idea that they could avoid responsibility simply by closing their eyes… that’s the stuff a normal person learns won’t work by the end of second grade in elementary school.

Hersh explained to Wolf Blitzer what was done with these reports:

HERSH: Oh, my God, two months. Is it possible — you know, the question you have to ask about the president is this. No matter when he learned, and certainly he learned before it became public, and no matter how detailed it was, is there any evidence that the president of the United States said to Rumsfeld, what’s going on there, Don? Let’s get an investigation going.

Did he do anything? Did he ask for a — did he want to have the generals come in and talk to him about it? Did he want to change the rules? Did he want to improve the conditions?

BLITZER: And what’s the answer?

HERSH: Nada. He did nothing.

It’s actually worse than nothing. Of course, this entire sorry episode stemmed from the policies that Bush put in place, with his torture memo and the latitude he gave Rumsfeld. But Al Gore, in Assault on Reason, noted that the administration’s fingerprints are all over the abuses:

The abhorrent acts at Abu Ghraib and elsewhere were a direct consequence of the culture of impunity — encouraged, authorized, and instituted by Bush and Rumsfeld in their statements that the Geneva Conventions did not apply. These kinds of horrific abuses were the logical, inevitable outcome of policies and statements from the administration. To me, just as glaring as the evidence of the pictures themselves was the revelation that it was established practice for prisoners to be moved around during the visits of the International Committee of the Red Cross so they would not be available for interviews. No one can claim that was the act of a few bad apples. That was policy set from above with the direct intent to violate U.S. values that the administration was claiming to uphold.

There’s another reason the deniability is simply implausible: There was never any doubt that abuse would take place in Iraqi prisons unless steps were taken proactively to stop them. These immoral acts didn’t just happen; they were allowed to happen.

In 1971, psychology professor Philip G. Zimbardo conducted what are known as the Stanford Prison Experiments. Zimbardo set up a fake prison and randomly assigned roles to his students. Some were guards, others prisoners. The experiment ended abruptly when it became clear to Zimbardo that his students, the best and brightest this country had to offer, essentially turned into monsters in a matter of days.

Zimbardo discussed what happened in Alex Gibney’s fantasic film The Human Behavior Experiments (video here), and how he saw, in Abu Ghraib, obvious parallels to his research:

PHILIP ZIMBARDO: Were there a few bad apples? No. The, what was bad was the barrel. Who made the barrel? This whole chain of command.

KEN DAVIS, ARMY RESERVIST: I feel terrible about what happened to these Iraqi detainees. They were in U.S. custody. Our country had an obligation to treat them right; to treat them as human beings. We didn’t do that. [Uh] that was wrong.

NARRATOR: Prior to the Abu Ghraib scandal, Donald Rumsfeld had personally approved interrogation techniques, including dogs, stress positions, and nudity, that violated long-standing military rules.

DAVIS: When you follow an order, you gotta be held accountable as well. But the ones that hold the key to that door; the ones that ask you to walk through that door; hold a higher accountability, ’cause they know better.

ZIMBARDO: I know the situation very closely now, because I was an expert witness for one of those guards, Chip Frederick. Exemplary soldier. Nine medals. Model father. Husband. Uh, patriot, and you know, normal, healthy, no sadistic tendencies; nothing that would indicate he was anything other than [an] ordinary k-, good guy. And he gets into this place. And he is totally corrupted.

DAVIS: Sometimes you cross a line. And it’s a thin line; that anytime, that can be crossed by anybody, if placed in certain conditions.

CHRISTINA MASLACH: I think it’s a hard conclusion, from all of the research evidence, to sort of say, there’s nothing inherent in who you are that would necessarily say, I’m safe, I will never cross the line. That research was done thirtysomething years ago. This is not news, you know. The, the lessons that we learned: it’s been in textbooks; it’s been taught in psychology courses. Other research — Milgram; all of these other studies — are pointing to those same conclusions.

Of course Bush knew. Of course Rumsfeld knew. Of course the pentagon leadership knew. It’s been known for decades, perhaps centuries, what happens when a nation embraces the policies that this government has allowed to define us in the eyes of the world.

They all knew what was happening, their denials notwithstanding. It’s time for some accountability already. Because we all know, too.

No Parties, No Booze

by digby

I have a treat for you all. I am travelling and won’t be able to post at my usual glacial pace, so I have asked the fine blogger, Dover Bitch, to help out around here at casa de Digby.

Give her nice welcome, kids.

Meanwhile, here is your homework assignment:

Words In A Times Of War


The General’s Report

You will be tested on this material.

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Homegrown Terrorists

by digby

From Frederick Clarkson at Talk To Action:

On July 29, 1994 Paul Hill, who sought to set a good example for Christian theocratic revolutionaries, assasinated abortion provider Dr. John Britton and James Barrett one of his escorts, and seriously wounding another, June Barrett, outside an abortion clinic in Pensacola, Florida.

George L. Wilson of Children Need Heroes and Drew Heiss of Street Preach are planning to honor Paul Hill in a series of events called “Paul Hill Days” in Milwaukee, Wisconsin, July 26th – 29th — “to honor him as God’s man and our hero.”

Why Milwaukee? Why not? There are people here who recognize Paul Hill as a hero, and we would love to welcome others from around the country who share our belief. Hopefully, in the future, others will host events in their cities.

Planned events include:

Activities at our two remaining killing centers

Literature distribution

Ministry at the Federal Courthouse

Reenactment of 7-29-1994

Paul Hill March

Ministry at other public forums

It should be noted that George L. Wilson, the proprietor of Children Needs Heroes, recognizes two other heroes he believes America’s children should learn about: Shelly Shannon, who was convicted of the attempted assasination of Dr. George Tiller of Wichita, Kansas, among other serious crimes, including a series of arsons; and of course, James Kopp, who was convicted in the sniper assasination of Dr. Barnett Slepian in Amherst, New York. Kopp is also the chief suspect in several other shootings.

This is that culture of life they keep talking about.

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