Mr. President, How About Supporting Democracy in the U.S.?

Yesterday, President Obama hypocrically praised the Egyptian pro-democracy demonstrators and argued forcefully in favor of the Egyptian government listening and responding to the demands of its people.

There are very few moments in our lives where we have the privilege to witness history taking place. This is one of those moments. This is one of those times. The people of Egypt have spoken, their voices have been heard, and Egypt will never be the same.

By stepping down, President Mubarak responded to the Egyptian people’s hunger for change. But this is not the end of Egypt’s transition. It’s a beginning. I’m sure there will be difficult days ahead, and many questions remain unanswered. But I am confident that the people of Egypt can find the answers, and do so peacefully, constructively, and in the spirit of unity that has defined these last few weeks. For Egyptians have made it clear that nothing less than genuine democracy will carry the day.

Back here in the U.S., President Obama listens only to the rich and powerful while ignoring a level of inequality higher than that in Egypt and an unemployment rate approximately the same as Egypt’s!

In the speech, Obama quoted a man who really stood for nonviolent protest and the fight for democracy:

As Martin Luther King said in celebrating the birth of a new nation in Ghana while trying to perfect his own, “There is something in the soul that cries out for freedom.” Those were the cries that came from Tahrir Square, and the entire world has taken note.

How dare you, Mr. Obama? You are a disgrace. You repeatedly imply comparisons between you and Martin Luther King, while behaving more like Mr. Mubarak.

What happens here in the U.S. when people peacefully protest the government’s policies? If it happens at Democratic or Republican party conventions, protesters are put in cages ironically called “free speech zones” that are far enough from the action to prevent the powerful from being disturbed by democracy-seeking rabble. Peace activists who identify as socialists or dare to support freedom movements in foreign countries are targeted by thuggish FBI raids and secret grand juries.

Mr. President, you and other members of your administration have repeatedly called for the Egyptian government to repeal its emergency laws. What about the emergency laws that have been in place here in the U.S. for many years?

Although most Americans would be surprised to hear it, the United States is technically experiencing more than one ongoing national emergency. In 1979, during the Iran Hostage Crisis, president Jimmy Carter declared a national emergency by executive order, which every president since has renewed. George W. Bush declared a separate state of emergency after the Sept. 11 terrorist attacks, which Barack Obama renewed.

These emergency measures are limited rather than general in nature. The 1976 National Emergencies Act set a two-year term on emergency declarations (although it’s possible to extend a declaration indefinitely), and requires the president to specify what, exactly, the state of emergency empowers him to do. The Sept. 11-related emergency gives the president the right to call retired officers back into active duty (among other powers). The Iran emergency prevents American citizens and companies from entering into oil development contracts with the Islamic Republic.

Those states of emergency have allowed you and your mentor predecessor George W. Bush to gain authoritarian powers for the executive branch through the USA Patriot Act and other unconstitutional laws like the Military Commissions Act. The powers granted by these laws have frequently been abused by government agencies.

Free Speech Zone at Democratic Convention, 2008

The Patriot Act has been reauthorized multiple times and is currently up for renewal.

So, Mr. Obama, what is your position on the latest attempts to keep the most intrusive parts of the Patriot Act from expiring?

When the act was first signed into law, Congress put in some “sunset” provisions to quiet the concerns of civil libertarians, but they were ignored by successive extensions. Unfortunately, those concerns proved to be well founded, and a 2008 Justice Department report confirmed that the FBI regularly abused their ability to obtain personal records of Americans without a warrant.

The answer to that question is that the President wants those provisions extended for three years–two years longer than the Republicans in the House are pushing for!

The Senate is working on an extension also, and one of the leaders in support of that effort is “Democrat” Diane Feinstein (whose investment banker husband has profited handsomely from defense contracts and other government largess related to the financial crisis)

At least one mainstream journalist has called attention to the hypocrisy of your policies this morning, Mr. President–focusing on your disdain for the poor and unemployed in the U.S. In the NYT, Bob Herbert writes:

As the throngs celebrated in Cairo, I couldn’t help wondering about what is happening to democracy here in the United States. I think it’s on the ropes. We’re in serious danger of becoming a democracy in name only.

While millions of ordinary Americans are struggling with unemployment and declining standards of living, the levers of real power have been all but completely commandeered by the financial and corporate elite. It doesn’t really matter what ordinary people want. The wealthy call the tune, and the politicians dance.

So what we get in this democracy of ours are astounding and increasingly obscene tax breaks and other windfall benefits for the wealthiest, while the bought-and-paid-for politicians hack away at essential public services and the social safety net, saying we can’t afford them. One state after another is reporting that it cannot pay its bills. Public employees across the country are walking the plank by the tens of thousands. Camden, N.J., a stricken city with a serious crime problem, laid off nearly half of its police force. Medicaid, the program that provides health benefits to the poor, is under savage assault from nearly all quarters.

The poor, who are suffering from an all-out depression, are never heard from. In terms of their clout, they might as well not exist. The Obama forces reportedly want to raise a billion dollars or more for the president’s re-election bid. Politicians in search of that kind of cash won’t be talking much about the wants and needs of the poor. They’ll be genuflecting before the very rich.

It’s noteworthy that Bob Herbert is saying such things out loud these days, but what we really need is some serious consciousness-raising among the American people as a whole. We could be joining together to fight back against encroachments on our liberties and our economic stability like the people in Egypt, Tunisia and Yemen. When will Americans wake up and see what is happening right here in the USA and begin to demand the restoration of our freedoms and our living standards? When will we fight back against growing government tyranny right here in the USA?


Tuesday Reads

Good Morning!

The first week of the New Year continues to bring College Football bowls and weird news.

The BBC thinks that Arkansas bird mystery may be solved. You may have heard that thousands of birds fell out of the sky on New Year’s Eve in the small town of Beebe.  Poison was ruled out since many of them wound up as midnight snacks for local cats and dogs that didn’t get sick. Now, investigators believe that fireworks may have caused the birds to panic and fly into each other and other things.

Initial laboratory reports said the birds had died from trauma, the AGFC said.

Residents reported hearing loud fireworks just before the birds started raining from the sky.

“They started going crazy, flying into one another,” said AGFC spokesman Keith Stephens.

The birds also hit homes, cars, trees and other objects, and some could have flown hard into the ground.

“The blackbirds were flying at rooftop level instead of treetop level” to avoid explosions above, said Ms Rowe, an ornithologist.

“Blackbirds have poor eyesight, and they started colliding with things.”

Here’s an interesting thing at The Economist on the PornoScans used by the TSA.    Evidently, they efficiently humiliate us, but terrorist find them pushovers.  They’re expensive, offensive, and they don’t work.

BOINGBOING’s brilliant Cory Doctorow has dug up a paper (published in the Journal of Transportation Security) outlining how easy it would be for terrorists to beat the new backscatter “full-body” imaging scanners that are being installed at major airports worldwide. Leon Kaufman and Joseph W. Carlson, two professors at the University of California, San Francisco, submitted their paper, “An evaluation of airport x-ray backscatter units based on image characteristics” ( PDF) on October 27, way before the John Tyner/”Don’t touch my junk” incident pushed the controversy over airport security rules into the cultural mainstream. The findings are pretty clear-cut: a smart terrorist could defeat backscatter units (or “pornoscanners,” as Mr Doctorow dubs them) with relative ease …

Here’s a story from NPR that should bring more shame to the Texas justice system that imprisons and kills people at an unbelievably high rate. Where’s the DOJ when you need them to investigate violations of civil rights on things like this?

Prosecutors declared a Texas man innocent Monday of a rape and robbery that put him in prison for 30 years, more than any other DNA exoneree in Texas.

DNA test results that came back barely a week after Cornelius Dupree Jr. was paroled in July excluded him as the person who attacked a Dallas woman in 1979, prosecutors said Monday. Dupree was just 20 when he was sentenced to 75 years in prison in 1980.

Now 51, he has spent more time wrongly imprisoned than any DNA exoneree in Texas, which has freed 41 wrongly convicted inmates through DNA since 2001   more than any other state.

“Our Conviction Integrity Unit thoroughly reinvestigated this case, tested the biological evidence and based on the results, concluded Cornelius Dupree did not commit this crime,” Dallas County District Attorney Craig Watkins said.

Dupree is expected to have his aggravated robbery with a deadly weapon conviction overturned Tuesday at an exoneration hearing in a Dallas court.

There have been 21 DNA exonerations in Dallas since 2001, more than any other county in the nation. Only two states — Illinois and New York — have freed more of the wrongly convicted through DNA evidence, according to the Innocence Project, a New York-based legal center representing Dupree that specializes in wrongful conviction cases.

I’ve been posting some links down thread on some of the names floating around for the people on the probable list to replace Rahm and Summers at the White House.  Their main qualifications appear to be working for Investment Banking firms.  Leading contender for Rahm’s replacement as White House Chief of Staff is J.P Morgan’s William Daley.  Former Economic Adviser Larry Summer may be replaced by a Goldman Sach’s  beneficiary Lawyer Gene Sperling whose been an adviser to Timothy Geithner. Yes, that’s right; a lawyer for an economic adviser.  You’d think our economics-disabled POTUS would want an actual economist.  It seems, however, that Obama is highly worried that Big Business and Wall Street don’t like him.  Oh dear, we wouldn’t want any donations to dry up to the re-election campaign, would we?  Daley is close to Axelrod and Chicago’s Mayor Daley.  Feel all better now?

Antonin Scalia provided yet another reason why we need to reconsider resurrecting the ERA.  He just gave an interview and said women don’t have constitutional protection under the 14th amendment. He said this last September also.  There are lots of feminist blogs writing on this and you can find their links on Memeorandum.

Marcia Greenberger, founder and co-president of the National Women’s Law Center, called the justice’s comments “shocking” and said he was essentially saying that if the government sanctions discrimination against women, the judiciary offers no recourse.

“In these comments, Justice Scalia says if Congress wants to protect laws that prohibit sex discrimination, that’s up to them,” she said. “But what if they want to pass laws that discriminate? Then he says that there’s nothing the court will do to protect women from government-sanctioned discrimination against them. And that’s a pretty shocking position to take in 2011. It’s especially shocking in light of the decades of precedents and the numbers of justices who have agreed that there is protection in the 14th Amendment against sex discrimination, and struck down many, many laws in many, many areas on the basis of that protection.”

Greenberger added that under Scalia’s doctrine, women could be legally barred from juries, paid less by the government, receive fewer benefits in the armed forces, and be excluded from state-run schools — all things that have happened in the past, before their rights to equal protection were enforced.

Republicans are once again using Islamphobic slams to motivate the base and set ground for their continuing radical assault on constitutional rights.  We should be so lucky to have Shari’a compliant finance and banking.  Think no usurious interest and fees.   Also, the aim of investing in Shari’a compliant finance is ethical and moral investing and hoarding is prohibited.  Money must be used for the good of the community.   Plus some revenues must be set aside to take care of widows and orphans.  The most outrageous thing about some of these lies is that Orthodox Jews in places like New York have similar laws and practices already in place.  You don’t hear complaints about that though, do you?

Rep. Allen West (R-FL), a newly-elected member who has loudly scapegoated Muslims and campaigned on a promise to oppose religious diversity, appeared on Frank Gaffney’s radio program last week. Gaffney, who routinely says that Obama is both a secret Muslim and a member of the “Muslim Brotherhood,” asked West about how the new Republican Congress plans to “take on Sharia as the enemy threat doctrine?” West said that, although he has not spoken with all of the new members, he hoped that Congress would focus on the “infiltration of the Sharia practice into all of our operating systems in our country as well as across Western civilization.” He explained that targeting Sharia should be part of America’s “national security strategy” and that a response to Sharia would somehow include “tailor[ing]” American “security systems, our political systems, economic systems, our cultural and educational systems, so that we can thwart this”

Propublica reports that Obama is trying to expand his options on Guantanamo.  The problem is that they also expand executive power in a way that would give a pretty good hard on to Dick Cheney.  Obama may use a signing statement.

Obama has issued a number of signing statements taking issue with more than a dozen legislative provisions and has come under some criticism for it from both Republicans and Democrats. Shortly after he took office, Obama promised to use them with less frequency than former President Bush, noting in a presidential memorandum in March 2009: “I will act with caution and restraint, based only on interpretations of the Constitution that are well-founded.”Bush established Guantanamo through executive order and issued over 150 signing statements, more than any other president. The practice was especially controversial when Bush applied it to legislation dealing with detainee treatment.

The American Bar Association issued a report in 2006 that called signing statements “contrary to the rule of law and our constitutional separation of powers.” The report was signed by a number of legal scholars including Harold Koh, who was then dean at Yale Law School and is today the top lawyer at the State Department and one of several advisers involved in the administration’s Guantanamo policy.

It seems that deceit webs–once woven–keep entangling the rule of law.

Robert Reich calls Obama and the Democrats enablers of Republicans and Their BIG Lie on his latest blog thread.

Republicans are telling Americans a Big Lie, and Obama and the Democrats are letting them. The Big Lie is our economic problems are due to a government that’s too large, and therefore the solution is to shrink it.

The truth is our economic problems stem from the biggest concentration of income and wealth at the top since 1928, combined with stagnant incomes for most of the rest of us. The result: Americans no longer have the purchasing power to keep the economy going at full capacity. Since the debt bubble burst, most Americans have had to reduce their spending; they need to repay their debts, can’t borrow as before, and must save for retirement.

The short-term solution is for government to counteract this shortfall by spending more, not less. The long-term solution is to spread the benefits of economic growth more widely (for example, through a more progressive income tax, a larger EITC, an exemption on the first $20K of income from payroll taxes and application of payroll taxes to incomes over $250K, stronger unions, and more and better investments in education and infrastructure.)

But instead of telling the truth, Obama has legitimized the Big Lie by freezing non-defense discretionary spending, freezing federal pay, touting his deficit commission co-chairs’ recommended $3 of spending cuts for every dollar of tax increase, and agreeing to extending the Bush tax cuts for the wealthy.

Will Obama stand up to the Big Lie? Will he use his State of the Union address to rebut it and tell the truth?

No and No.  Robert, you should know by now that Obama believes The Big Lie and that Democrats won’t stop him.  Raise your hand if you think The Big Question will be how long into the State of the Union Adress will it take before Obama tries to sell us The Big Lie and tells us we need to hand over and cut our Social Security?

We don’t appear to be the only group of liberals worried about Obama betraying the Democratic position on Social Security according to The Hill.

Maria Freese of the National Committee to Preserve Social Security and Medicare said she thinks Social Security is “more at risk than it was in 2005,” when President George W. Bush proposed far-reaching changes to the program, including personal accounts. The plan was vigorously opposed by Democrats and liberal groups and never came up for a vote in Congress.

Now, with Social Security coming to the forefront once again, liberal groups are preparing a campaign to oppose any “backroom” deals on retirement benefits.

“What I am really afraid of is another deal behind closed doors,” said Nancy Altman, the co-director of Social Security Works. “At least with President Bush, he went around the country on a tour and presented his plan, and people didn’t like it.”

This is such a true statement.  We saw that Obama was more than willing to sell us out–behind close doors–to big Pharma interests during health care reform.  We witnessed Obama dropping a public option so  quickly–despite campaign promises–that it must  been prearranged.   There’s got to be a connection to all these Investment Banker people showing up in the West Wing and that big pool of  money and investments in Treasury Bills out there that are pledged to those of us that have paid into the program since our first day of work.

Whats on your reading and blogging list today?


White House Preparing Executive Order on Indefinite Detention

Dafna Linzer at ProPublica:

The White House is preparing an Executive Order on indefinite detention that will provide periodic reviews of evidence against dozens of prisoners held at Guantanamo Bay, according to several administration officials.

The draft order, a version of which was first considered nearly 18 months ago, is expected to be signed by President Obama early in the New Year. The order allows for the possibility that detainees from countries like Yemen might be released if circumstances there change.

But the order establishes indefinite detention as a long-term Obama administration policy and makes clear that the White House alone will manage a review process for those it chooses to hold without charge or trial.

Nearly two years after Obama’s pledge to close the prison at Guantanamo, more inmates there are formally facing the prospect of lifelong detention and fewer are facing charges than the day Obama was elected.

The stated goal of this new policy is to give detainees who have been designated for indefinite detention the opportunity for more frequent reviews:

…a minimal review every six months, with and then a more lengthy annual review. Detainees will have access to an attorney, to some evidence against them and the ability to challenge their continued detention.

However it isn’t clear to whom these detainees would plead their cases. Would they meet directly with the President or administration officials? What would be their chances of changing their status through these reviews? I guess we’ll have to wait until the next administration official decides to anonymously leak some more specific information.

According to the Washington Post:

Those designated for prosecution but who are not charged could also have their cases reviewed under the proposed system in the executive order, the White House official said.

Detainees at Guantanamo would continue to have access to the federal courts to challenge their incarceration under the legal doctrine of habeas corpus. Officials said the plan would give detainees who have lost their habeas petition the prospect of one day ending their time in U.S. custody. And officials said the International Committee of the Red Cross has been urging the administration to create a review process.

I guess I must be kind of simple-minded compared to the geniuses in the Obama administration, but I tend to agree with Laura Murphy of the ACLU, who told the WaPo:

“Indefinite detention without charge or trial is wrong, whether it comes from Congress or the president’s pen….Our Constitution requires that we charge and prosecute people who are accused of crimes. You cannot sell an indefinite detention scheme by attaching a few due-process baubles and expect that to restore the rule of law. That is bad for America and is not the form of justice we want other nations to emulate”

The WaPo speculates that the motivation for Obama’s executive order is to

preempt legislation supported by some Republicans, which would create a system of indefinite detention not only for some Guantanamo detainees but also for future terrorism suspects seized overseas.

Maybe, but to me it just seems like another in an endless string of broken promises from the guy who seduced the “progressives” with hope ‘n change and then delivered Bush’s policies on steroids.

I’ll end with an extended quote from Spencer Ackerman, who asks some very good questions:

And there’s a lot of unanswered questions, process-wise, that lend themselves to ad hoc solutions. Who will a lawyer be pleading her client’s case to, here? A judge or an administration official? What role will there be for the courts in reviewing this process, if any? How could a detainee’s counsel successfully argue that he no longer poses a threat? According to the official Dafna quotes, the criterion for determining a detainee’s threat level is inescapably a strategic decision. We’d never leave it for a judge to determine whether, say, Yemen is still a terror-exporting nation. So what’s the point of having a lawyer in the process, if this is an exclusively executive-derived process? None of the above should be construed as an endorsement of the administration’s decisionmaking here, but rather a statement of confusion as to just what system it’s in fact creating for its “Fifth Category” of detainee.

Also: why think this executive order will forestall congressional efforts at codifying an indefinite-detention architecture? Lindsey Graham is going to reintroduce his detention bill in the Senate. Buck McKeon is going to reintroduce his detention bill in the House, where chances are better than even that some indefinite detention bill will pass. The Republicans ran on a platform that included indefinite detention and did very well. Obama ran on a platform that included opposition to indefinite detention, won, and then pursued it anyway. Which of these political forces can we say has more fortitude?

Update, 6:58 p.m.: If I understand the Post’s story correctly, the annual review hearing would be in front of a judge, for a kind of re-habeas-ing. But having made the initial decision that the executive has the right to hold Detainee X, what question is the judge to answer, aside from “Is This Person A Th?reat?” which is not a judicial decision. If the question is “Is The Government’s Case Against This Person Valid?” congratulations — you’re in trial territory! Which isn’t what this is. What kind of hybrid is Obama creating?

I just have one more question. Why doesn’t Obama just “follow his bliss” and run as a Republican in 2012? Then maybe we could find a real Democrat to run against him.