Whatever Happened to the Department of Justice?
Posted: March 6, 2012 Filed under: Central Intelligence Agency, Civil Liberties, Injustice system, Middle East, Patriot Act, U.S. Politics | Tags: Assassination of US citizens abroad, Eric Holder, terrorism 13 CommentsMaybe we should change the name of the DOJ to the Department of Expedience. The War on Terrorism continues to be a War on the American and our Constitutional idea of justice. Eric Holder’s
speech yesterday at Northwestern’s School of Law puzzles many of us that had hoped a change from the Bush/Cheney regime would mean a return to civil liberties. Assassination of US citizens–implying no trial, no jury of peers, and no due process–by classifying them as terrorists is an end run around our Constitution that must not stand. Eric Holder’s thin justification of the Obama policy of assassination sounds a lot like triangulation.
Some have argued that the president is required to get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces. This is simply not accurate. “Due process” and “judicial process” are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.
Glenn Greenwald explains it like this.
When Obama officials (like Bush officials before them) refer to someone “who is a senior operational leader of Al Qaeda or associated forces,” what they mean is this: someone the President has accused and then decreed in secret to be a Terrorist without ever proving it with evidence.
This process still seems to be a murky one as pointed out at Empty Wheel. This is beyond unacceptable.
As of a month ago–four months after Awlaki was killed–the Senate Intelligence Committee had not been provided with the legal framework for Awlaki’s kill. This, in spite of the fact that SSCI member Ron Wyden had been requesting that framework for over five months before Awlaki was killed.
I said when Wyden made that clear that it showed there had not been adequate oversight of the killing. By his words–if not his deeds–Holder effectively made the same argument.
The speech appears to be an elaborate justification of a policy that could basically spin on the whims of a president and his/her cronies. This is especially appalling given the FBI “stings” that have been aimed at catching terrorists that seem more aptly labelled as pushing some depressed, emotionally damaged people into becoming aspirational terrorists and then enabling them to do something dangerous. I can only assume that the CIA is probably just as bad if not worse.
The Holder speech was weak as a public explanation. It’s basis in law appears weaker.
Still, the speech contained no footnotes or specific legal citations, and it fell far short of the level of detail contained in the Office of Legal Counsel memo — or in an account of its contents published in October by The New York Times based on descriptions by people who had read it.
The administration has declined to confirm that the memo exists, and late last year, The Times filed a lawsuit under the Freedom of Information Act asking a judge to order the Justice Department to make it public. In February, the American Civil Liberties Union filed a broader lawsuit, seeking both the memo and the evidence against Mr. Awlaki.
Last month, Justice Department court filings against Umar Farouk Abdulmutallab, the Nigerian man who attempted to blow up a Detroit-bound airliner on Dec. 25, 2009, provided a detailed account — based on his interrogations — of Mr. Awlaki’s alleged involvement.
Mr. Holder, by contrast, did not acknowledge the killing of Mr. Awlaki or provide new details about him, although he did mention him in passing as “a U.S. citizen and a leader” of Al Qaeda’s Yemen branch when discussing Mr. Abdulmutallab.
Holder even objects to the word “assassinations”.
Holder also noted that in using lethal force, the United States must make sure that it is acting within the laws of war by ensuring that any target is participating in hostilities and that collateral damage is not excessive. And he noted that law-of-war principles “do not forbid the use of stealth or technologically advanced weapons” — an apparent reference to drones.
More broadly, Holder argued that the targeting of specific senior belligerents in wartime in not unusual, and noted the 1943 U.S. tracking and shooting down of the plane carrying Japanese Adm. Isoroku Yamamoto, the commander of the attack on Pearl Harbor.
He said that “because the United States is in an armed conflict, we are authorized to take action against enemy belligerents under international law . . . and our legal authority is not limited to the battlefields of Afghanistan.”
Holder said he rejected any attempt to label such operations “assassinations.”
“They are not, and the use of that loaded term is misplaced,” he said. “Assassinations are unlawful killings. Here, for the reasons I have given, the U.S. government’s use of lethal force in self-defense against a leader of al-Qaeda or an associated force who presents an imminent threat of violent attack would not be unlawful — and therefore would not violate the executive order banning assassination or criminal statutes.”
Holder said “it is preferable to capture suspected terrorists where feasible — among other reasons, so that we can gather valuable intelligence from them — but we must also recognize that there are instances where our government has the clear authority — and, I would argue, the responsibility — to defend the United States through the appropriate and lawful use of lethal force.”
I am not a constitutional lawyer. I do not even play one on TV so I can’t speak to the finer points of the due process clause. I just know this does not pass my “smell test”. I have read statements by lawyers. Here’s a sampling from MOJO and Adam Sewer.
Both supporters and opponents of the administration’s targeted killing policy offered praise for the decision to give the speech. They diverged, however, when it came to the legal substance. “It’s essential that if we’re going to be doing these things, our top national security and legal officials explain why it’s legal under international and constitutional law,” said Benjamin Wittes, a legal scholar with the Brookings Institution, who said he thought the speech fulfilled that obligation. “I think [the administration] is right as a matter of law.”
In a statement, Hina Shamsi, director of the ACLU’s national security project, called the authority described in the speech “chilling.” She urged the administration to release the Justice Department legal memo justifying the targeted killing program—a document that the ACLU and the New York Times are currently suing the US government to acquire. “Anyone willing to trust President Obama with the power to secretly declare an American citizen an enemy of the state and order his extrajudicial killing should ask whether they would be willing to trust the next president with that dangerous power.”
Here’s a point-by-point list of things that I think is worth reading from Lawfare. This is a small portion of that article. I really suggest you go read all of the points to get an understanding of the policy and its process.
That is, the speech asserts that Due Process permits targeting of a citizen at least when the target is:
(i) located abroad rather than in the United States,
(ii) has a senior operational role
(iii) with al Qaeda or an al Qaeda-associated force,
(iv) is involved in plotting focused on the death of Americans in particular,
(v) that threat is “imminent” in the sense that this is the last clear window of opportunity to strike,
(vi) there is no feasible option for capture without undue risk, and
(vii) the strike will comply with the IHL principles of necessity, distinction, proportionality, and humanity
All of this takes away from the many questions surrounding the first recipient of the assassination treatment. Marcy at Empty Wheel reminds of the thin ice upon which Holder skates.
Perhaps it’s because of all the dubious reasons the Administration continues to keep its case against Anwar al-Awlaki secret, but Eric Holder gave the impression of not knowing precisely what evidence the government had shown against Awlaki.
Or, deliberately misrepresenting it.
Holder mentioned Awlaki just once–purportedly to summarize Abdulmutallab’s case against Awlaki they released last month.
For example, in October, we secured a conviction against Umar Farouk Abdulmutallab for his role in the attempted bombing of an airplane traveling from Amsterdam to Detroit on Christmas Day 2009. He was sentenced last month to life in prison without the possibility of parole. While in custody, he provided significant intelligence during debriefing sessions with the FBI. He described in detail how he became inspired to carry out an act of jihad, and how he traveled to Yemen and made contact with Anwar al-Aulaqi, a U.S. citizen and a leader of al Qaeda in the Arabian Peninsula. Abdulmutallab also detailed the training he received, as well as Aulaqi’s specific instructions to wait until the airplane was over the United States before detonating his bomb. [my emphasis]
Note, this misrepresents what Abdulmutallab said, at least as shown by the summary released last month (setting aside the reasons DOJ chose not to test those claims at trial). What the summary did say was that Awlaki gave Abdulmutallab specific instructions to ignite his bomb while over the US. It did not say Awlaki was “a leader of al Qaeda in the Arabian Peninsula.” That’s DOJ’s elaboration, a frankly dishonest one, given the construction (and one that was probably at least significantly challenged by the intelligence Jubeir al-Fayfi delivered ten months after Abdulmutallab gave his testimony).
This is obviously a complex situation that needs full time attention by a lot of folks with a lot more than I can provide here. It’s something, however, we all need to follow.
The Blow Back Cometh
Posted: March 5, 2012 Filed under: 2012 elections, 2012 presidential campaign, 2012 primaries, Republican politics, Republican presidential politics | Tags: NBC WSJ Poll 13 CommentsWhat do you get when you attack women who use birth control as baby killing sluts, announce that your goals include giving more tax breaks to the rich, rail against social security and medicare, bash teachers and state employees as lazy over paid good for nothings, and threaten to start yet another war in the Middle East? If your answer is Republicans with falling poll numbers and increased negatives, DING DING DING!!!!
As another round of voting takes place this week in the Republican presidential race – with 11 states holding Super Tuesday contests – a new national NBC News/Wall Street Journal poll shows that the combative and heavily scrutinized primary season so far has damaged the party and its candidates.
Four in 10 of all adults say the GOP nominating process has given them a less favorable impression of the Republican Party, versus just slightly more than one in 10 with a more favorable opinion.
Additionally, when asked to describe the GOP nominating battle in a word or phrase, nearly 70 percent of respondents – including six in 10 independents and even more than half of Republicans – answered with a negative comment.
Some examples of these negative comments from Republicans: “Unenthusiastic,” “discouraged,” “lesser of two evils,” “painful,” “disappointed,” “poor choices,” “concerned,” “underwhelmed,” “uninspiring” and “depressed.”
The ever so noticeable march off the right bank of crazy river has driven women to Obama and made marginal front runner Romney’s image worse than Dole, McCain’s and Kerry’s at similar points in the race.
While the nomination battle has damaged the GOP and Romney, it has only helped President Obama’s political standing. In the poll, his approval rating stands at 50%-45%, his highest mark in the NBC/WSJ survey since Osama bin Laden’s death. What’s more, he leads Romney by six points, 50%-44%, winning independents (46%-39%), women (55%-37%), suburban women (46%-44%), and those in the Midwest (52%-42%). Obama enjoys bigger leads over Paul (50%-42%), Santorum (53%-39%), and Gingrich (54%-37%). Bolstering Obama’s standing is increased optimism about the state of the U.S. economy: 40% believe the economy will improve during the next year, and 57% say the worst is behind us (versus 36% who say the worst is still ahead). Peter Hart, the Democratic half of our NBC/WSJ survey, sums up the current poll’s outlook on the 2012 race: If it were a cocktail, it would be “one part Obama, one part the economy, and three parts the Republican Party’s destruction.”
I heard some interesting conversations over the weekend at the pundit tables. One was about the possibility of Romney trying to move to the middle after charging hard right to capture the right and secure the nomination. The right wing has not been enthusiastic. The damage with the middle is stunning. Is there something called a triple flip flop? Plus, if he does move to the middle, what does that do to the turn out for the flipped out right? Do they stay home? Will any one believe him at this point? This poll indicates Romney is doing better with the TeaBots. Seventy-two percent of all Republicans say they’re satisfied with a Mittens outcome. Will they come out and vote for him on a cold, wet November day?
We’re going to be live blogging Super Tuesday tomorrow and BB’s got a morning thread for you that will have a lot of Super Tuesday information. Will turn out be any better and will Romney get any where close to the 50% win mark in any state? What will the eye of Newt do if all he gets is a Milquetoast win in Georgia? Stay tuned, it’s getting brutal out there.
Fat Misogynistic Drug Felon makes Faux Apology
Posted: March 3, 2012 Filed under: War on Women | Tags: Rush Limbaugh 37 Comments
Limbaugh “apologizes” with more excuses and lies than sincerity. Maybe the loss of sponsors and a possible law suit got to him? It certainly can’t be his conscience.
For over 20 years, I have illustrated the absurd with absurdity, three hours a day, five days a week. In this instance, I chose the wrong words in my analogy of the situation. I did not mean a personal attack on Ms. Fluke.
I think it is absolutely absurd that during these very serious political times, we are discussing personal sexual recreational activities before members of Congress. I personally do not agree that American citizens should pay for these social activities. What happened to personal responsibility and accountability? Where do we draw the line? If this is accepted as the norm, what will follow? Will we be debating if taxpayers should pay for new sneakers for all students that are interested in running to keep fit?In my monologue, I posited that it is not our business whatsoever to know what is going on in anyone’s bedroom nor do I think it is a topic that should reach a Presidential level.
My choice of words was not the best, and in the attempt to be humorous, I created a national stir. I sincerely apologize to Ms. Fluke for the insulting word choices.
Hillary Clinton
“She sounds like a screeching ex-wife.” –Rush Limbaugh, on Sen. Hillary Clinton
Michelle Obama
“It doesn’t look like Michelle Obama follows her own nutritionary (sic) dietary advice. And then we hear that she’s out eating ribs at 1500 calories a serving with 141 grams of fat … No, I’m trying to say that our first lady does not project the image of women that you might see on the cover of the Sports Illustrated swimsuit issue or of a woman Alex Rodriguez might date every six months or what have you.” –Rush Limbaugh, Feb. 21, 2011
Jocelyn Elders
Sonia Sotomayor
“Here you have a racist — you might want to soften that, and you might want to say a reverse racist,” Limbaugh said of Sotomayor on his show, alluding to the New York federal appeals court judge’s past statement that a “wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hasn’t lived that life.”
Liberals, “of course, say that minorities cannot be racists because they don’t have the power to implement their racism,” Limbaugh said according to a transcript on his website. “Well, those days are gone, because reverse racists certainly do have the power. … Obama is the greatest living example of a reverse racist, and now he’s appointed one.”
The Women’s Movement (or FemiNazis as he calls us)
“I’m a huge supporter of women. What I’m not is a supporter of liberalism. Feminism is what I oppose. Feminism has led women astray. I love the women’s movement — especially when walking behind it.” –Rush Limbaugh, responding to criticism that he is sexist and defending his selection as one of the judges at the 2010 Miss America Pageant, “Fox News’ Fox & Friends,” February 3, 2010
“Feminism was established so as to allow unattractive women easier access to the mainstream of society.”
“We’re not sexists, we’re chauvinists — we’re male chauvinist pigs, and we’re happy to be because we think that’s what men were destined to be. We think that’s what women want.”
“She comes to me when she wants to be fed. And after I feed her — guess what — she’s off to wherever she wants to be in the house, until the next time she gets hungry. She’s smart enough to know she can’t feed herself. She’s actually a very smart cat. She gets loved. She gets adoration. She gets petted. She gets fed. And she doesn’t have to do anything for it, which is why I say this cat’s taught me more about women, than anything my whole life.” –Rush Limbaugh, on his cat
Yup, Santorum. This is truly entertainment!
There’s probably more out there than I can find in the five minutes with which I compiled this post. Add away.
Economics in a Nutshell
Posted: March 3, 2012 Filed under: Economy, voodoo economics | Tags: austerity, confidence fairy, economic myths, joseph stiglitz, Trickle Down Economics, voodoo economics 4 CommentsJoseph Stiglitz is one of my favorite economists. He has that rare ability to put the results of theory, models, and empirical research into pithy common sense statements. He has shown–with tons of peer-reviewed research–how
frictions that exist in all markets distort results. There is no real world example of a perfect market. In fact, he has a Nobel Prize for it. Markets are not these efficient, well-oiled, rational deal makers that many Republicans, Libertarians, and Rich People would like you to believe simply because they really really want to believe in it. They can click their red ruby Hayek slippers as much as they want but decades of study over the results of market have left us with lots of succinct lessons that a lot of 21st century policy makers appear to have unlearned. In a recent speech and interview, Stiglitz manages to hit all the main ones in short order. Here’s what the evidence has taught us. First, it’s really not good for any economy to have income inequality.
Inequality is bad for growth, stability and efficiency. … Inequality peaked both before the Great Depression and before the Great Recession, and it’s not an accident. So basically, when we have a lot of inequality, demand goes down. … All this inequality was offset by creating a bubble. The bubble allowed people to consume more. Now we have the inequality but we don’t have a bubble, and that means that we will have persistent, weak demand, and therefore unless we create another bubble it’s going to be very difficult for us to get back to full employment.
A lot of the inequality that we have in the United States is created by distortions – excessive financial sector, monopolies like Microsoft … giving the oil companies, mining companies resources at a discount. … These things distort the economy, while they create wealth at the top. So it’s not wealth creation – it’s wealth redistribution, which makes the size of the pie smaller.
Second, a lot of government policy and just things inherent to some markets can create distortions that make markets very inefficient. Government actually creates a lot of distortions by trying to put businesses on steroids. Our recent tax policies that give special treatment to capital gains over income earned from labor are an example. They have created horrible distortions that have drained resources away from useful things and into parasite markets and gambling activities.
And the loopholes, the distortions, the giveaways. … When you tax capital gains at half the rate of others, you encourage speculation. And so you divert resources to speculative activity, including the best brains at Columbia, into speculation rather than into creative activities.
Stiglitz also has his three top Economic Memes and Tropes that are absolutely killing this country’s economy because they have absolutely no basis in any evidence or reality. He’s actually been tweeting them all morning as the top three Myths. The first myth is the one about the confidence fairy. The second and third are part and parcel of trickle down economics. This is the horrible Republican kneejerk response that we have to appease “job creators” at all costs even when we have evidence they are more job destroyers than creators. Economists have been hypothesizing these things for decades and every bit of evidence from policies meant to achieve these results from Reagan to Bush have shown them to be seriously untrue. However, they persist in the minds of many policy makers and they are killing our future.
The first is that reducing the budget deficit would stimulate the economy by restoring confidence, which you hear over and over again. No evidence that has ever worked. You might call it the austerity myth – that’s the most serious one.
The second one is that raising taxes on upper-income individuals will lead them to save less, invest less, will have adverse supply-side effects. Again, no evidence of that.
The third is that lowering [the] corporate income tax rate across the board will stimulate investment in the United States. No evidence of that. … If you want to encourage investment, what you do is lower taxes on firms that invest and you raise taxes on firms that don’t invest. You can restructure the taxes to provide incentives to invest.
I’m not certain what it will take to end the impact of these harmful myths. However, given that harmful myths–notably the ones that come from any religion not based on evidence and reality–have kept us in Dark Ages before and are likely to continue to do so. For many people, science fiction still holds a broader appeal than science fact.







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