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Month: July 2008

What’s So Funny ‘Bout It?

by digby

Slightly desperate for something to make me feel a little less tired of it all, I came across this old favorite.

Liberals take a lot of crap in this country. We are the object of derisive laughter and snorting condescension from all sides — kewl leftie cynics and libertarian dreamers and conservative bullies alike. But really, what is so fucking hilarious about believing that everyone has a right to life, liberty and the pursuit of happiness? What kind of a wretched culture thinks peace, love and understanding are silly?

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Hey Baby

by digby

It’s the fourth of July!

Music Video Code provided by VideoCodeZone.Com

That’s X, of course. I’ve seen Dave Alvin, who wrote the song, a bunch of times (he’s an LA icon) and his version is great too. It’s less rockin, more mournful, just like him .

No decent Youtube, but you can hear a pretty good live version here.

Whatever happened, I apologise …

*Sorry if the vid won’t work for you. There’s nothing on Youtube. It works for me ..

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Run Fer Yer Lives!

by digby

This is getting stupid:

The White House said Thursday that dangerous detainees at Guantanamo Bay could end up walking Main Street U.S.A. as a result of last month’s Supreme Court ruling about detainees’ legal rights. Federal appeals courts, however, have indicated they have no intention of letting that happen.

The high court ruling, which gave all detainees the right to petition federal judges for immediate release, has intensified discussions within the Bush administration about what to do with the roughly 270 detainees held at the U.S. naval base at Guantanamo Bay, Cuba.

“I’m sure that none of us want Khalid Sheikh Mohammed walking around our neighborhoods.”

Just plant a bottle of drinking water on him and he’ll never be able to enter the country — just like everbody else.

I’ve always made a sort of satirical joke that they were screaming “the terrorists are coming to kill us all in our beds!” But now they are literally saying that. Good thing nobody cares what they think anymore.

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Heh

by digby

Chris Hitchens is no Jack Bauer, that’s fer sure. And that’s even taking into account that Jack Bauer is a fictional character.

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Respecting The Stagecraft

by digby

Via Discourse, I found these neat Obama bumper stickers. This is a homegrown operation and lots of fun. Just like this one, which may be the best series of campaign posters ever. They are everywhere in my neighborhood.

But aside from all the great creativity bursting forth from supporters, one of the best things about the Obama campaign is its exceptional branding and graphics. So far, it’s been more modern, more well thought out, more interesting than any I ever seen. I wrote about it a couple of months ago.

His campaign events have been extremely well produced as well, although you’ll have to go a long way to beat Bush hovering over filled stadiums on Marine One at sunset to the strains of “Danger Zone” from Top Gun. (I thought the crowd was going to start speaking in tongues en masse — led by the press.)

There is talk that Obama is going to give his nomination acceptance speech at Viagra Field at Mile High Stadium. (Oh, it’s Invesco field, I’m sorry. I get those corporate names all confused.) Anyway, this could be very exciting television if done well.

There is nothing wrong with stagecraft, even if the Bush administration treated it as if it was the only thing that mattered. They had a very talented crew who kept the country and the media gaga for years:

First among equals is Scott Sforza, a former ABC producer who was hired by the Bush campaign in Austin, Tex., and who now works for Dan Bartlett, the White House communications director. Mr. Sforza created the White House ”message of the day” backdrops and helped design the $250,000 set at the United States Central Command forward headquarters in Doha, Qatar, during the Iraq war.

Mr. Sforza works closely with Bob DeServi, a former NBC cameraman whom the Bush White House hired after seeing his work in the 2000 campaign. Mr. DeServi, whose title is associate director of communications for production, is considered a master at lighting. ”You want it, I’ll heat it up and make a picture,” he said early this week. Mr. DeServi helped produce one of Mr. Bush’s largest events, a speech to a crowd in Revolution Square in Bucharest last November.

To stage the event, Mr. DeServi went so far as to rent Musco lights in Britain, which were then shipped across the English Channel and driven across Europe to Romania, where they lighted Mr. Bush and the giant stage across from the country’s former Communist headquarters.

A third crucial player is Greg Jenkins, a former Fox News television producer in Washington who is now the director of presidential advance. Mr. Jenkins manages the small army of staff members and volunteers who move days ahead of Mr. Bush and his entourage to set up the staging of all White House events.

”We pay particular attention to not only what the president says but what the American people see,” Mr. Bartlett said. ”Americans are leading busy lives, and sometimes they don’t have the opportunity to read a story or listen to an entire broadcast. But if they can have an instant understanding of what the president is talking about by seeing 60 seconds of television, you accomplish your goals as communicators. So we take it seriously.”

Democrats should take it seriously too. There’s no need to get stupid about it, as Skorza did with that prancing on the carrier absurdity. Substance should always take precedence. But we do live in a media world and we have a very attractive, media friendly leader who is extremely effective with words, which the right images can only enhance.

The Republicans have a legacy of terrible consequence. But they have been far more media savvy than Democrats for years, except for the brief moment of the 1992 convention. It was so well done that it galvanized the Democrats and the press and the campaign got a huge boost. Perot even (dropped out the next day saying the Democrats were “revitalized.” (Of course the crazy old dude came back in later…)

I don’t know who Obama has working for him on this stuff, but I hope he’s tapping into the best talent from the arts as well as politics. The right speech in the right setting could reignite Obamamania into a roaring brushfire at just the right moment.

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Whip Appeal

by digby

FDL has been working overtime the last few days putting together some tools for us to meet up with our Senators on the fourth of July break and ask them some questions about liberty and justice — and to help poor Harry Reid whip his caucus on FISA since he’s too tired.

Jane Hamsher writes today:

Christy has put in tons and I mean tons of hard work finding out where our elected officials are going to appear over the fourth of July holiday. It seems some of them (*cough Diane Feinstein cough*) are using the “terrorist threat” to refuse to let their constituents know where they will be.

National security is a convenient excuse for so very many things.

But Christy was dogged, and thanks to her efforts (and those of our fabulous readers) we now have almost 40 events set up across the country where you can join together with fellow like-minded FISA buffs and tell your member of Congress in person exactly what you think of the upcoming capitulation they plan.

Sign up here

Jane offers some helpful suggestions about questions you might like to ask you Senators and also suggests you bring you video camera along. You never know when it will rain Macaca.

As for poor tired Harry:

We’ve also got some real cool tools for calling you Senator to see where they stand on stripping retroactive immunity out of the FISA bill, and a place where you can enter their response (since Harry Reid isn’t going to whip for it, I guess we’ll have to do it ourselves).

raise-your-voice-blue-america.png

Click over to FDL and you can get that image and tool for your own site if you’d like.

If you sign up you will find all sorts of interesting Fourth of July events that will be attended by your Senators. It would be an excellent lesson in civic engagement and patriotic observance for the kids to see someone ask their Senator on Independence Day why he or she doesn’t support the constitution. Or maybe the kids themselves would like to do it… it would make a lovely YouYube.

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Nixon vs Bush

by digby

Swopa, writing over at FDL, has some thoughts on this discussion among bloggers today about why Bush didn’t get run out of town on a rail for doing many of the things that Nixon did.

Swopa points out that Kevin Drum’s explanation, that Nixon did what he did for petty political reasons while Bush did it out of ideology (the prerogatives of the executive branch during wartime), is incorrect, explaining that Nixon had the same ideological underpinnings.

The whole “unitary executive” claptrap and all the other pseudo-ideological manure put out by the Bushites is simply a flimsy fig leaf over the kind of naked power grab Nixon thought was his right (indeed, Kevin seems to have forgotten that Tricky Dick tried to use “national security” as an excuse, too).

The difference now is that the petty political vendettas pursued by Nixon have been raised to the level of ideology by the modern GOP. Unrestrained use of power for its own sake is their sine qua non, their raison d’etre (and probably a bunch of other foreign phrases, too).

The other day I actually excerpted the passage of the interview where Nixon asserted “if the president does it, it’s not illegal” and he uses nearly the exact language the Bush administration has used. Swopa is quite correct that the petty political vendettas pursued by Nixon are now ideology, but we have quite a few examples of petty political vendettas pursued for just plain old poltical gain.

Nixon didn’t have the Democratic national Committee offices bugged out of personal pique. He wanted to spy on his opponents during an election campaign to gain an advantage. I don’t think there’s any substantial difference between that and trying to force US Attorneys to indict political opponents on bogus charges of voter fraud or ginning up phony scandals to derail the political careers of Democrats. It’s all ratfucking. And Karl Rove, the student of Nixon and Atwater, was at the heart of most of it.

Do you remember this?

Bush administration targets sources, reporters under espionage laws

By Dan Eggen
March 4, 2006

The Bush administration, seeking to limit leaks of classified information, has launched initiatives targeting journalists and their possible government sources. The efforts include several FBI probes, a polygraph investigation inside the CIA and a warning from the Justice Department that reporters could be prosecuted under espionage laws.

In recent weeks, dozens of employees at the CIA, the National Security Agency and other intelligence agencies have been interviewed by agents from the FBI’s Washington field office, who are investigating possible leaks that led to reports about secret CIA prisons and the NSA’s warrantless domestic surveillance program, according to law enforcement and intelligence officials familiar with the two cases.

Numerous employees at the CIA, FBI, Justice Department and other agencies also have received letters from Justice prohibiting them from discussing even unclassified issues related to the NSA program, according to sources familiar with the notices. Some GOP lawmakers are also considering whether to approve tougher penalties for leaking.

Here’s a little something you might not remember:

THE BUSH administration’s warrantless wiretapping program may have shocked and surprised many Americans when it was revealed in December, but to me, it provoked a case of deja vu.

The Nixon administration bugged my home phone – without a warrant – beginning in 1973, when I was on the staff of the National Security Council, and kept the wiretap on for 21 months. Why? My boss, national security advisor Henry Kissinger, and FBI Director J. Edgar Hoover believed that I might have leaked some information to the New York Times. When I left the government a few months later and went to work on Edmund Muskie’s presidential campaign (and began actively working to end the war in Vietnam), the FBI continued to listen in and made periodic reports on everything it heard to President Nixon and his closest associates in the White House.

Recent reports that the Bush administration is monitoring political opponents who belong to antiwar groups also sounded familiar to me. I was, after all, No. 8 on Nixon’s “enemies list” – a curious compilation of 20 people about whom the White House was unhappy because they had disagreed in some way with the administration.

The list, compiled by presidential aide Charles Colson, included union leaders, journalists, Democratic fundraisers and me, among others, and was part of a plan to “use the available federal machinery to screw our political enemies,” as presidential counsel John Dean explained it in a 1971 memo. I always suspected that I made the list because of my active opposition to the war, though no one ever said for sure (and I never understood what led Colson to write next to my name the provocative words, “a scandal would be helpful here”).

As I watch the Bush administration these days, it’s hard not to notice the clear similarities between then and now. Both the Nixon and Bush presidencies rely heavily on the use of national security as a pretext for the usurpation of unprecedented executive power. Now, just as in Nixon’s day, a president mired in an increasingly unpopular war is taking extreme steps, including warrantless surveillance, that many people believe threaten American civil liberties and violate the Constitution. Both administrations shroud their actions in secrecy and attack the media for publishing what they learn about those activities.

This is why FISA matters. We just don’t know what happened and because of their history, we have every reason to suspect that these powers were used for political purposes under the guise of national security. And with Telcom Immunity, we will have foreclosed the most likely avenue for finding out.(Clearly, the politicians don’t have the political will…)

And frankly, the more these politicians insist, for dubious and unpersuasive reasons, that this program must be swept under the rug, the more imperative it seems to me to find out what’s being swept under with it.

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Running With The Devils

by digby

Glenn Greenwald linked to a post yesterday in his update that I think is worth discussing in more depth. It’s from The American Conservative and it’s called “Is there anything worth defending?”:

This is pretty good satire as far as it goes, but it gives the impression that the backlash against Obama on the left is irrational and evidence of an insistence on ideological or some other sort of purity over political pragmatism. Besides making a joke out of the legitimate reasons for anger at Obama from his own supporters over the FISA legislation, it makes it seem as if principled protests from the left are somehow the cause of Democratic defeat, when the disastrous results of ‘88 in particular were the result of a horribly-run campaign. Think about it from their perspective: they see a tremendous opportunity in an overwhelmingly pro-Democratic year to win an election that also could provide something like a mandate for a progressive agenda, and in the interests of winning they have swallowed their objections to Obama’s relatively less progressive platform (as compared to Edwards or Clinton) only to be betrayed on an issue as fundamental and central as constitutional liberties and derided in the process as part of the problem with our political system. “Be practical,” someone says, “we’re trying to win an election.” To which they might reasonably reply, ”To what end, if our candidate caves in on major issues?” Many conservatives like to argue that when they give the Republican nominee grief about his pandering, changed positions or (as they see them) bad positions they are standing up for important principles. When people on the left engage in the same behaviour, it’s supposed to be crazy, loserish fratricide. It seems to me that there have to be some things that are not negotiable and things that should not be compromised for electoral expediency. You might think constitutional protections would be among those things, and that this would not be the concern of left-liberals alone. Apparently, you would be wrong.

Yes, you would be wrong. And this is because our political narratives are written by corporate conservatives and disseminated by their rich celebrity employees who actually seem to believe their “values” are shared by Real Americans. One of the most brilliant narratives was the notion that “the left” is unpatriotic. After all, suppressing dissent on that topic has kept the bipartisan Military Industrial Complex gravy train rolling for more than 50 years. It’s perfectly natural that the new Surveillance State would be folded into that at the first opportunity, and the corporations that provide all the technology would necessarily want a piece of that action. There’s huge money to be made in government contracts and the idea that any corporation would do something to endanger such possibilities over something so trivial as the constitution is naive. They agreed to work together for very good reasons and they do not want any interference.

But it isn’t just about money it’s also about political power. The effect of this decades long propaganda program has been to inculcate the idea among many Americans that liberalism itself is unserious. It’s become so reflexive that any Democratic politician is automatically granted respect from the political establishment for the mere act of defying his own voters. It is considered a sign of courage and gravitas and a necessary right of passage.

Here’s a perfect example of the way this dialog is held among the media establishment from yesterday’s gasbage fest on David Gregory’s show (Scarborough was guest hosting):

SCARBOROUGH: Next up, is Obama‘s liberal base cracking up? Almost 10,000 of Barack Obama‘s most ardent supporters are protesting his support for FISA. They are doing it on a social networking site that lives in Obama‘s own campaign website. It seems as though the Internet, the campaign‘s not so secret but ultra-powerful grass roots organizing tool, may be on the verge of back-firing on team Obama.

John Harwood, our second question of the day, is it possible that the left could fall out of love with Obama if he fades on FISA, if he fades on interrogating, and if he seems siding with Cheney-Bush and the NSA on wiretapping?…

HARWOOD: No, it is not a problem for Barack Obama. This is one of those things that sounds like a problem, but if you really look at it, getting attacked from the left on national security issues is good news for Barack Obama, because it tells mainstream voters that he‘s not out on the far extreme and helps him counteract the attacks he‘s getting from John McCain and the Republicans.

SCARBOROUGH: But, you know, Richard Wolffe, changes are very good that Barack Obama—he‘s backed down on FISA. He‘s going to back down on Iraq. Everybody knows we‘re not getting out in 14 months. That‘s absolutely ridiculous. Chances are good he‘s going to back down on interrogation to a degree. On these national security issues, where he went far left, at least by today‘s standards, far left to win the Democratic primary, he is going to bolt back to the center in a Nixonian sort of way. Will the left stay with him come hell or high water?

WOLFFE: Joe, look, one of the raps against Obama is that he‘s never bucked any part of the liberal base and he‘s doing it right now. I‘m sorry, I hate to break this to you; I‘m with John on this one. I think when it comes to Iraq, actually, he‘s going to stick with withdrawal. It‘s not going to be the same kind of ambitious, fast paced withdrawal, but there is a real contrast there with McCain. In the end, elections are about choices. The people on the left are going to look at McCain and they‘re still going to vote with Obama.

SCARBOROUGH: You really believe, Richard Wolffe, that we‘re going to get out of Iraq in 14 months?

WOLFFE: No, I said it would be slower. He‘s still going to start withdrawals. That‘s going to be an important message for his base. He‘s not going to even do it all by the mid terms, but he‘s going to start it. That‘s what‘s important to these people.

SCARBOROUGH: You watch. We will have troop in Iraq, a significant number of troops in Iraq—we‘re still in Bosnia ten years after Bill Clinton said we‘d be out after one year. It‘s just not going to be that easy.

This discussion was very matter of fact. That there might be a principle involved isn’t even contemplated. The left is seen by these insiders as silly, unpragmatic losers who must be eschewed and any smart politician in the country automatically knows this. Wolffe asserted right out loud that the “rap on Obama is that he hasn’t bucked the liberal base” and says this is what he’s doing. Scarborough even blithely asserted that backing torture in some form is eventually a given.(What better way to prove you aren’t a liberal!)

Wolffe also claims that Obama’s supporters would be appeased if he’d just begun a withdrawal of troops from Iraq before the 2010 mid terms, to which Scarborough gave the beltway CW that any promise of total withdrawal is a kabuki for the silly hippies as well. They aren’t trying to hide any of this or excuse it. They say it almost as if they talking in their sleep.

It’s the trivialization, stupid — the derision,the scoffing, the world weary laughter even at such things as defending the constitution,illegal wars, torture and concentration camps that makes progressive politicians run for cover. (What, after all, is considered more useless and foolish among elites of all stripes than earnestness? How embarrassing.)

Back in the 2000, the gasbags were all so grateful when the “grown-ups” roared back into town, stole an election and took over the government for our own good. Today they ignore Bush as if he never existed. He has been disappeared from the storyline. In spite of seven long years of global experimentation by some of the most starry eyed, naive, intellectually confused creatures the world has ever known — neocons — they persist in portraying the left as silly and insubstantial. How anyone could still think that the people who were taken in by con men like Ahmad Chalabi and Curveball and Dick Cheney, who invaded a country with no plans beyond the first thirty days based on the assumption that the locals would greet a foreign occupation enthusiastically, who created a provisional government staffed by college interns from the heritage Society — are serious is beyond me. But they do. And people who don’t believe the US should torture, spy on its own citizens or invade foreign lands based upon lies must not only be ignored, they must be aggressively repudiated, in order to win elections and govern.

But is that really true in 2008?

Maybe it is. But it would seem that a majority of the people, at this moment, before the campaigns and the gasbags lurch into high gear and define our election for us in terms they feel are more suitable, have come to a different conclusion. They have sharply moved, in massive numbers, to reject the Republican identity altogether. They did not become independents. They did not put a pox on both their houses. They came out and voted in massive numbers in 2006 and so far in 2008 — as Democrats repudiating conservatism!

I have hoped that this would be a moment to fashion a new narrative around conservative failure and progressive promise. The door is open and people are inviting us in. But the powers that be are taking a more standard approach. It’s a Democratic year and the prudent move is to keep the beltway wags calm and fight a defensive campaign against the rather desperate attacks from the doddering Republicans. Why take risks if you don’t have to, especially when you have a bunch of celebrity bimbo pundits riding your ass like Zorro to “prove” your Real American bonafides? But it seems to me that one of these days somebody’s got to start figuring out ways to fight on terrain where we don’t always have to win the battle by losing the war.

Update: It looks like Wolffe may have been repeating something he heard from campaign operatives

FARGO, N.D. – Senator Barack Obama said Thursday the United States cannot
sustain a long-term military presence in Iraq, but added that he would be open
to “refine my policies” about a timeline for withdrawing troops after meeting
with American military commanders during a trip to Iraq later this month.

Mr. Obama, whose popularity in the Democratic primary was built upon a sharp
opposition to the war and an often-touted 16-month gradual timetable for
removing combat troops, dismissed suggestions that he was changing positions in
the wake of reductions in violence in Iraq and a general election fight with
Senator John McCain.

“I’ve always said that the pace of withdrawal would be dictated by the safety
and security of our troops and the need to maintain stability. That assessment
has not changed,” he said. “And when I go to Iraq and have a chance to talk to
some of the commanders on the ground, I’m sure I’ll have more information and
will continue to refine my policies.”

As he arrived for a campaign stop in North Dakota, Mr. Obama told reporters on
Thursday that he intended to conduct “a thorough assessment” of his Iraq policy
during a forthcoming trip to the country. He stressed that he has long called
for a careful and responsible withdrawal of American forces, but he declined to
offer a fresh endorsement of his plan to remove one to two combat brigades a
month.

“My 16-month timeline, if you examine everything that I’ve said, was always
premised on making sure that our troops were safe,” he said. “I said that based
on the information that we had received from our commanders that one to two
brigades a month could be pulled out safely, from a logistical perspective. My
guiding approach continues to be that we’ve got to make sure that our troops are
safe and that Iraq is stable.”

He added, “I’m going to continue to gather information to find out whether those
conditions still hold…

Update | 4:15 p.m.: Republicans seized on Mr. Obama’s remarks, saying he was stepping away from the position he took in the Democratic primary campaign.

“There appears to be no issue that Barack Obama is not willing to reverse himself on for the sake of political expedience,” said Alex Conant, a spokesman for the Republican National Committee. “Obama’s Iraq problem undermines the central premise of his candidacy and shows him to be a typical politician.”

Mr. Obama said such criticism was misguided, saying: “My position has not changed, but keep in mind what that original position was. I’ve always said that I would listen to commanders on the ground.”

Update: As Greg Sargent points out, the breathless media reaction is to this statement is typically overblown. But this narrative has been building for a while. Certainly the right wing has been pushing it relentlessly. The approved “moving to the center” line has now been subsumed by the predictable follow-up: “he’s a flip-flopper who doesn’t believe in anything.” It’s the flip side of the same meme.

The media establishment creatures are like little birds waiting with their little beaks open to be fed a their next narrative — but they need them comfortable, familiar and easy to digest. This one doesn’t even require that they swallow. It just slides right down.

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It Is Designed To Obtain False Confessions

by dday

Torture as an intelligence-gathering tool is extremely counter-productive and anyone who went to elementary school knows it. If you found yourself at the mercy of some bully’s full nelson hold, you would say whatever you could to get out of it. It’s insulting to the professionals who are actually successful interrogators to tell them to use torture instead of their own techniques.

Torture as a tool of intimidation, as a tool which gives the illusion of progress in gathering intelligence, is quite good. And the evil men and women running policy in Washington knew that, and installed it to that purpose. Yesterday we learned that the interrogators at Gitmo designed a program of torture specifically to obtain false confessions.

The military trainers who came to Guantánamo Bay in December 2002 based an entire interrogation class on a chart showing the effects of “coercive management techniques” for possible use on prisoners, including “sleep deprivation,” “prolonged constraint,” and “exposure.”

What the trainers did not say, and may not have known, was that their chart had been copied verbatim from a 1957 Air Force study of Chinese Communist techniques used during the Korean War to obtain confessions, many of them false, from American prisoners […]

The 1957 article from which the chart was copied was entitled “Communist Attempts to Elicit False Confessions From Air Force Prisoners of War” and written by Albert D. Biderman, a sociologist then working for the Air Force, who died in 2003. Mr. Biderman had interviewed American prisoners returning from North Korea, some of whom had been filmed by their Chinese interrogators confessing to germ warfare and other atrocities.

Those orchestrated confessions led to allegations that the American prisoners had been “brainwashed,” and provoked the military to revamp its training to give some military personnel a taste of the enemies’ harsh methods to inoculate them against quick capitulation if captured.

You can see the old Air Force study here. We already knew that the techniques were based on SERE (Survival, Evasion, Resistance, Escape), so this isn’t that new. But the fact that the Koreans used this program to obtain false confessions is extremely telling. This is why the bigwigs in Washington quashed any reviews and tried to hide the evidence. The US government was using torture for exactly the same purpose as the Koreans. By obtaining false confessions, they can pretend to be successfully fighting the war on terror, justify the masses of people swept up into prison camps, and “send a message” to the rest of the world about how big and bad they are. This was the goal. It’s all that Arab mind bullshit the right has swallowed whole for decades.

This is now starting to come out on these cretins, on the techniques they used to debase our country and imperil our national security. And their excuses are pathetic.

Throughout this ugly drama, U.S. leaders have assured the public that the extreme interrogation measures used on detainees have thwarted acts of terrorist and saved thousands of American lives. The trouble with such claims is that professionals who know something of interrogation or intelligence don’t believe them. This is not just because the old hands overwhelmingly believe that torture doesn’t work — it doesn’t — but also because they know that torture creates more terrorists and fosters more acts of terror than it could possibly neutralize.

The administration’s claims of having “saved thousands of Americans” can be dismissed out of hand because credible evidence has never been offered — not even an authoritative leak of any major terrorist operation interdicted based on information gathered from these interrogations in the past seven years. All the public gets is repeated references to Jose Padilla, the Lakawanna Six, the Liberty Seven and the Library Tower operation in Los Angeles. If those slapstick episodes are the true character of the threat, then maybe we’ll be okay after all.

As the above-linked report makes clear, the CIA is STILL doing some of this crap. There are going to be consequences, and as the writer says “It may be impossible for the next administration to fix what has happened to the CIA in the last seven years. It may be a broken brand. Perhaps the only way to proceed next January will be to start over afresh, with a new intelligence structure and new institutions.”

That’s not just true for the CIA.

…as a postscript, am I the only one to be a little sick of these writers, who want desperately to be as manly as Ernest Hemingway, that cannot believe for certain whether or not waterboarding is torture until they do it themselves? How arrogant (not surprising for Hitchens) to assume that the literally thousands of years of data on the tactic is incomplete until an out-of-shape writer cements it for certain. Hitchens came to the same conclusion as the victims of the Inquisition and the judges at the Nuremberg trials, so what was the point? That anyone feels the need to dignify the brain-dead sadists on the right by calling the efficacy of waterboarding up for question is beyond me.

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Exclusivity, Ay?

by dday

The main talking point that many in Congress, in particular Dianne Feinstein and Nancy Pelosi have used to claim the necessity of the FISA capitulation is that under this law, the FISA Court will be the “exclusive means” for electronic surveillance. Feinstein sent me a long letter telling me how, now that FISA is established as the exclusive means for spying on Americans, all the problems with Bush’s rogue programs would be solved. Now we have confirmation that, this was a complete bamboozlement.

A federal judge in California said Wednesday that the wiretapping law established by Congress was the “exclusive” means for the president to eavesdrop on Americans, and he rejected the government’s claim that the president’s constitutional authority as commander in chief trumped that law.

The judge, Vaughn R. Walker, the chief judge for the Northern District of California, made his findings in a ruling on a lawsuit brought by an Oregon charity. The group says it has evidence of an illegal wiretap used against it by the National Security Agency under the secret surveillance program established by President Bush after the terrorist attacks of Sept. 11, 2001 […]

But Judge Walker, who was appointed to the bench by former President George Bush, rejected those central claims in his 56-page ruling. He said the rules for surveillance were clearly established by Congress in 1978 under the Foreign Intelligence Surveillance Act, which requires the government to get a warrant from a secret court.

“Congress appears clearly to have intended to — and did — establish the exclusive means for foreign intelligence activities to be conducted,” the judge wrote. “Whatever power the executive may otherwise have had in this regard, FISA limits the power of the executive branch to conduct such activities and it limits the executive branch’s authority to assert the state secrets privilege in response to challenges to the legality of its foreign intelligence surveillance activities.”

Idiots, idiots, idiots. In the course of giving away massive new surveillance powers and immunity for lawbreakers, the so-called “chip” that they received in return was already in the law to begin with.

(By the way, this lawsuit is against the federal government, not the telecoms, so it would continue regardless of the outcome of Tuesday’s vote.)

UPDATE: More on the Obama backlash on his website in USA Today. It’s now the largest group on the site, with over 14,000 supporters.

UPDATE II: Glennzilla, as expected, has more on this, including this very salient point:

The Court reviewed the basic history of FISA: that the Church Committee in the mid-1970s had uncovered decades of spying abuses by our Government that were made possible — made inevitable — because the Government could spy without warrant requirements […] That was the process that led to the enactment of FISA 30 years ago. That is the bipartisan consensus that led both Republican and Democratic Presidents ever since to comply with it without complaint — until the current President broke the law in secret. And now, that’s the framework which the Congress is about to demolish, while protecting the very political officials and telecommunications companies which that law was designed to constrain.

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