Obama’s War

For a candidate that basically ran on the brag that he was the only candidate who genuinely opposed the Iraq War Resolution, Barack Obama sure turned into a President that is relying on similar Bushian war logic.  The NYT’s Charlie Savage has a must read article up on the behind-the-scene maneuvers this President made on the way to joining the NATO operations in Libya.  It seems that Obama rejected the views of top lawyers at the Pentagon who questioned the legal authority of the President to approve the operation without Congressional consent.  Glenn Greenwald has some analysis of the article at Salon.

The growing controversy over President Obama’s illegal waging of war in Libya got much bigger last night with Charlie Savage’s New York Times scoop.  He reveals that top administration lawyers —  Attorney General Eric Holder, OLC Chief Caroline Krass, and DoD General Counsel Jeh Johnson — all told Obama that his latest, widely panned excuse for waging war without Congressional approval (that it does not rise to the level of “hostilities” under the War Powers Resolution (WPR)) was invalid and that such authorization was legally required after 60 days: itself a generous intepretation of the President’s war powers.  But Obama rejected those views and (with the support of administration lawyers in lesser positions:  his White House counsel and long-time political operative Robert Bauer and State Department “legal adviser” Harold Koh) publicly claimed that the WPR does not apply to Libya.

As Savage notes, it is, in particular, “extraordinarily rare” for a President “to override the legal conclusions of the Office of Legal Counsel and to act in a manner that is contrary to its advice.”  Just imagine if George Bush had waged a war that his own Attorney General, OLC Chief, and DoD General Counsel all insisted was illegal (and did so by pointing to the fact that his White House counsel Alberto Gonzales and a legal adviser at State agreed with him).  One need not imagine this, though, because there is very telling actual parallel to this lawless episode …

Obama is holding to the idea that the Libya operations fall short of the definition of “hostilities” and that the campaign does not fall under provisions of the War Powers Resolution which states that any “unauthorized hostilities” must be halted after 90 days.  This is explained in more detail in the NY Times article itself.

“It should come as no surprise that there would be some disagreements, even within an administration, regarding the application of a statute that is nearly 40 years old to a unique and evolving conflict,” Mr. Schultz said. “Those disagreements are ordinary and healthy.”

Still, the disclosure that key figures on the administration’s legal team disagreed with Mr. Obama’s legal view could fuel restiveness in Congress, where lawmakers from both parties this week strongly criticized the White House’s contention that the president could continue the Libya campaign without their authorization because the campaign was not “hostilities.”

The White House unveiled its interpretation of the War Powers Resolution in a package about Libya it sent to Congress late Wednesday. On Thursday, the House speaker, John A. Boehner, Republican of Ohio, demanded to know whether the Office of Legal Counsel had agreed.

“The administration gave its opinion on the War Powers Resolution, but it didn’t answer the questions in my letter as to whether the Office of Legal Counsel agrees with them,” he said. “The White House says there are no hostilities taking place. Yet we’ve got drone attacks under way. We’re spending $10 million a day. We’re part of an effort to drop bombs on Qaddafi’s compounds. It just doesn’t pass the straight-face test, in my view, that we’re not in the midst of hostilities.”

The logical follow-up question is, of course, is Boehner acting in the interest of Republican politics or the rule of law?  I’ll avoid that one and instead rely on other liberal writers to take the argument that even if Boehner is wrongly motivated, he’s got the action right.  James Fallows writing for The Atlantic states that  “Obama Is Wrong About Congress and Libya”.  Fallows does not have Republican gamesmanship in mind.

But after three months of combat, and after several decades of drift toward unilateral Executive Branch action on matters of war and peace, Obama is doing a disservice to the nation, history, and himself by insisting that the decision should be left strictly to him. If the Libyan campaign ultimately “goes well,” he will not in any way lessen his own political and historic credit by having involved the Congress. If it goes poorly, he will be politically safer if this is not just his own judgment-call war. More important, in either case he will have helped the country if his conduct restores rather than further weakens the concept that a multi-branch Constitutional republic must share the responsibility to commit force. We can only imagine the eloquence with which a Candidate Obama would be making this exact case were he not in the White House now.

Additional analysis can be found at The New Yorker where Amy Davidson argues that bombing Tripoli is the very definition of hostilities.

But the War Powers Resolution doesn’t say anything about wars in which we have allies not counting, or ones the U.N. likes; it isn’t about lonely wars or bad wars, just wars. The Administration adds a second set of rationalizations, which make even less sense:

U.S. operations do not involve sustained fighting or active exchanges of fire with hostile forces, nor do they involve the presence of U.S. ground troops, U.S. casualties or a serious threat thereof, or any significant chance of escalation into a conflict characterized by those factors.

Is the point that, while we are bombing Libya, we are doing it from a distance, out of Qaddafi’s forces’ range, so there aren’t “exchanges” of fire, just one-way barrages—hostility, rather than hostilities? By the same reasoning, it wouldn’t count as war if any overwhelming force attacked anyone who couldn’t effectively hit back; that exemption could apply not only to cruise missiles and drones but to a column of tanks rolling into a village. Is the only concern of the War Powers Act—is our only concern about war—whether our own soldiers can be shot? Aren’t we also interested in making sure there is some accountability when our government decides to shoot? (Would, someday, Congress have a say when it came to human troops, but not robot soldiers?) A war is not simply a short-term public-health issue; it can inveigle our country diplomatically, financially, and morally for decades.

The other question is whether the Administration’s summary even describes the reality on the ground in Libya. (No “sustained fighting”?) And given reports of covert operatives, the pressure to end a stalemate, and the continuing threat to civilians, the assertion that there is no “significant chance of escalation” is mysterious—does it just mean that we promise we won’t go in too deep? Wishful words don’t dispel legal obligations.

So, why is Obama afraid of facing congress at this point in time?  Senator Dick Durban–an Obama ally–is currently calling for Congressional authorization of the Libyan actions and his done the paper work.

U.S. Sen. Dick Durbin is backing many of his colleagues in the Senate as in believing that an act of Congress is needed to justify the U.S. military action in Libya.

While the U.S. has gone only so far as launching air strikes, Durbin says a joint resolution authorizing force, barring ground troops and setting an end date should be approved by Congress. Military operations involving Libya have been going on for three months.

“Congress alone has the constitutional authority and responsibility to declare war,” Durbin said. “The founding fathers were very clear that before we commit troops in an offensive situation, that the government can only do that with the approval of Congress. Now the Libyan situation is not as clear as some others but I think it’s clear enough that we should pass an authorizing resolution.”

Durbin says he would vote for it and says what President Obama is doing in Libya is the right thing.

Durbin is posed to do the authorization.  It’s obvious that many Republicans and Democrats would probably support the measure. So, the question remains, why isn’t the President seeking congressional approval at this point?


Friday Reads

Good Morning!!!

The news continues to be fairly depressing as news tends to be, but we’ll try to cover some interesting things today!

It’s really hard to believe, but we’re about to mark the 30th anniversary of the AIDS epidemic.  All of us that came of age during that period have a lot of lost friends and stories to tell. Thankfully, AIDS is a manageable disease now.  Unfortunately, too many people still don’t do what it takes to protect themselves.  Here’s an interesting story of how Congress came to realize that we had a growing health threat on our hands.

Oddly enough, it was the specter of Republican budget cuts that led to the first awareness of the AIDS epidemic in Congress. Ronald Reagan’s budget director, David Stockman, had targeted public health agencies for massive cuts. A Waxman staffer, concerned about their potential effects, had gone to the Centers for Disease Control in Atlanta to do reconnaissance. CDC scientists were alarmed and predicted that the cuts would lead to an epidemic, although they imagined it would involve a preventable childhood illness, since Reagan had proposed cutting the immunization budget in half. Waxman was worried enough by what he learned to join with a Republican colleague, Pete Domenici, to protect the immunization budget.
The epidemic came anyway. While in Atlanta, the Waxman staffer was told that he should meet with a doctor named Jim Curran, who had noticed an outbreak of an unusual and deadly pneumonia among gay men in Los Angeles. Today, Curran is renowned as the doctor who first raised the alarm among epidemiologists. But back then, he declined the offer of a congressional hearing to help direct research funding to his work because he was afraid that the attention would interfere with his access to a gay community that was fearful of the government (homosexuality was a felony in many states). “I’ll call you when I’m ready,” he told Waxman’s staff. Let’s pause here to note that before AIDS even had a name, members of Congress were aware of the disease and working to help.

Curran called a year later. In 1982, Congress held its first hearing on what was now called AIDS, a field hearing in Los Angeles. A single reporter showed up. But eventually Waxman and a group of colleagues succeeded in drawing attention to the epidemic

Texas continues its attacks on women’s right to choose.  It has revived an anti-abortion measure to omnibus legislation. It’s also continuing the Republican extremist attack on Planned Parenthood.

Besides the two health care provisions to privatize Medicare and Medicaid, the Texas House attached several anti-abortion amendments to the omnibus legislation: (1) a bill to “ban hospital districts from using local tax revenue to fund abortions, except in emergency situations — or else risk losing state funding,” (2) “limit the state family planning funds received by Planned Parenthood,” (3) force physicians who provide abortions to collect more data on their patients.

More Kind and Kompassionate Konservative philosophy comes from a Republican in Massachussetts who believes that any undocumented worker who has been raped “should be afraid to come foreward”.

Massachusetts GOP state Rep. Ryan Fattman has such contempt for illegal immigrants that he believes undocumented women who are raped should be afraid to go to the police. Yesterday, the Worcester Telegram & Gazette reported on Fattman’s incendiary comments, which he made while defending a controversial federal immigration program that many say will damage the relationship between law enforcement and immigrant communities. Massachusetts Gov. Deval Patrick (D) has refused to join the program out of concern that immigrants who are victims of violent crimes will be afraid to report them and seek help…

Representative Fattman supports deporting any undocumented rape victim who goes to the police immediately.  That appears to be more important to him than preventing crimes and supporting victims of crime.  Unbelievable.

Robert Reich continues to be an outspoken advocate for the unemployed and for a stimulus to correct the current economic problem.  He accuses Obama of going over to the supply side fairy tale spun by Republicans.  Yup, it’s not about more business incentives, it’s all about the lack of customers.  He joins me and other economists who say it’s all about the Demand side right now.

Obama says he’s interested in exploring with Republicans extending some of the measures that were part of that tax-cut package “to make sure that we get this recovery up and running in a robust way.”

Accordingly, the White House is mulling a temporary cut in the payroll taxes businesses pay on wages. White House advisors figure this may appeal to Republican lawmakers who have been discussing the same idea. It would, in essence, match the 2 percent reduction in employee contributions to payroll taxes this year, enacted as part of the deal to extend the Bush tax cuts.

Other ideas under consideration at the White House include a corporate tax cut, accompanied by the closing of some corporate tax loopholes.

Can we get real for a moment? Businesses don’t need more financial incentives. They’re already sitting on a vast cash horde estimated to be upwards of $1.6 trillion. Besides, large and middle-sized companies are having no difficulty getting loans at bargain-basement rates, courtesy of the Fed.

In consequence, businesses are already spending as much as they can justify economically. Almost two-thirds of the measly growth in the economy so far this year has come from businesses rebuilding their inventories. But without more consumer spending, businesses won’t spend more. A robust economy can’t be built on inventory replacements.

The problem isn’t on the supply side. It’s on the demand side. Businesses are reluctant to spend more and create more jobs because there aren’t enough consumers out there able and willing to buy what businesses have to sell.

The so-called Gang of Six are close to releasing their budget ideas.  They’ve shared what they’ve come up with so far with some members they feel may be responsive.  Will it be enough to head off Republican calls for default on US debt?

Freshman Republican Kelly Ayotte of New Hampshire, who was in the meeting, said she was open to looking into any potential plan that would address the deficit in a serious and responsible way. She characterized the meeting as an update on the group’s progress.

Sen. Mark Warner (D-Va.) who is spearheading the group’s efforts with Chambliss was tight-lipped about the presentation and refused to take any questions or even vaguely describe the mood of the meeting.

“Do you really think, as somebody who’s obsessed about this that I’m going to do anything to screw it up now?” Warner said emphatically Thursday afternoon.

Even Dick Durbin, another Gang member and the Senate’s No. 2 Democrat, was coy with reporters after the meeting. The Illinois Democrat is typically quick to present even a basic line expressing optimism or progress made in the meeting, instead opting to playfully pretend with reporters he knew nothing about the group or the meeting.

“I can neither, confirm, deny or retract [anything about the meeting,” Durbin teased with reporters.

Aides on the Hill are quick to point out that lawmakers will talk more when things are going poorly and less when things are going well. Perhaps after a few weeks of uncertainty, the remaining “Five Guys” trying to forge a deal are close to one.

NATO has upped the ante in Libya by hammering Tripoli and directly targeting Colonel Gaddafi. Some countries are seeking to give access to the country’s frozen assets to the rebels.  Many believe that the regime’s days are coming to an end shortly.  Qaddafi is said to have ordered mass rape and to have handed out Viagra to troops. Secretary of State Hillary Clinton is in the middle east working with other nations to plan for a post-Gaddafi Libya.

But another U.S. official indicated there was a conscious effort by NATO military planners to target air strikes closer to where Gaddafi is thought to have been taking shelter — and the Obama administration  is privately supporting the intensified strikes.

So, that’s a little bit of what I found is going on in the world.  What’s on your reading and blogging list today?


Thursday Reads: Lying Politicians vs Truly Egregious Behavior; Crazy Republicans; and More

Good Morning!!

I’m sick and tired of the Weiner story, and I know most of you are too; but I just want to highlight a few reactions that I found interesting–all G rated.

I love this Lambert post, especially this part:

ZOMG!!!!!!! Offensive behavior online!!!!!!!! [Too tired for the riffs about the pearl clutching and the fainting couch.]

Anyhow, so Weiner’s an asshole. And so what. As William Gibson said:

“Fortunately,” he said, “it isn’t about who’s an asshole. If it were, our work would never be done.”

Love that quote! As Lambert points out, these “ethics” investigations never seem to happen to people who engage in torture, election fraud, or handing over the U.S. treasury to banksters.

Speaking of assholes, Andrew Breitbart claims he still has one more “lewd picture” of Weiner that he hasn’t released–and it’s not the one going around today. Talk about an evil human being. Breitbart is disgusting. If you read to the end of that piece, you’ll find out Breitbart’s notions of female sexuality.

One person who seems to have a little sympathy for Weiner is Charlie Rangel.

“His most serious problem is keeping his wife and family together at this time,” Rangel said in an interview on Fox Business Network set to air Wednesday evening.

Rangel did not suggest that Weiner resign. Here’s what he had to say about “ethics” investigations:

“They may do that, and God knows, I know what people feel they have to do as politicians to protect themselves. It’s totally unbelievable, but it happens,” Rangel said. “They love you, but they love themselves better and they make political decisions not to how it affects you, but to how it affects them and their reelection.”

They are all slime, yet they presume to sit in judgment on others. What Weiner did makes me sick, but the rest of them make me even sicker.

Melanie Sloan of CREW says there is a double-standard operating in the many calls for Weiner to resign.

“This is a massive overreaction and I don’t understand it,” said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington.

She points out that Charlie Rangel was censured for serious ethical breaches, yet was not forced to resign.

Sloan explained that the mounting pressure on Weiner may stem in part from the early precedent set by House Speaker John Boehner when, at the first sign of sexual misconduct, he urged Reps. Mark Souder (R, Ind.) and Chris Lee (R, N.Y.) to resign, even though their behavior didn’t appear to involve any abuse of their office.

“A lot of people really hate Weiner, too,” she said, referring to Weiner’s colleagues in the House, some of whom are said to have been rankled by his personality and frequent media appearances.

What about Weiner’s denials before he owned up?

“A politician lying is not that unusual,” Sloan said. “If the new standard is that politicians are out the second they lie to us, then a lot of politicians could be gone.”

How true.

As egregious as Weiner’s behavior was, it wasn’t a crime. Here’s an example of truly egregious behavior: U.S. pediatrician on trial for raping toddlers

A Delaware pediatrician went on trial for allegedly raping or sexually exploiting 86 young patients, all girls except one and almost all younger than three.

Earl Bradley has pleaded not guilty to 24 counts against him, and sat quietly in gray prison scrubs as a veteran state trooper spent hours Tuesday describing the doctor’s cache of home videos of the assaults.

They were so “horrible,” testified state police detective Scott Garland, a specialist in forensic computer evidence. “They were beyond anything I had ever witnessed. Nothing prepared me for it.”

And then there’s this: Casey Antony told a fellow inmate that she used chloroform to knock out her daughter Caylee when she (Casey) wanted to party.

And how about this?

Gaddafi bought Viagra-like pills for troops to attack women

Luis Moreno-Ocampo said he may ask for a new charge of mass rape to be made against Gaddafi following the new evidence. The chief International Criminal Court prosecutor is expecting a decision from judges within days on his request for crimes against humanity charges against the Libyan leader.

“Now we are getting some information that Gaddafi himself decided to rape and this is new,” Mr Moreno-Ocampo told reporters.

He said there were reports of hundreds of women attacked in some areas of Libya, which is in the grip of a months-long internal rebellion.

Mr Moreno-Ocampo said there was evidence that the Libyan authorities bought “Viagra-type” medicines and gave them to troops as part of the official rape policy.

“They were buying containers to enhance the possibility to rape women,” he said.

“We had doubts at the beginning but now we are more convinced that he decided to punish using rapes,” the prosecutor said. “It was very bad — beyond the limits, I would say.”

Let’s move on to the horrors of the Republican 2012 presidential field. According to a new Quinnipiac poll, voters aren’t ready for a Mormon president.

Sorry, Mitt. John Huntsman is also a Mormon. I guess voters don’t mind looney religionists as long as they claim to be Christians though. Have you heard about Tim Pawlenty’s economic plan?

Pawlenty calls for sweeping tax cuts dubbed by some as “breathtaking.” He’d cut the corporate income tax from 35 percent to 15 percent, and eliminate taxes on capital gains, interest income, dividends and inheritances. There would be two tiers of personal income taxes — 10 percent and 25 percent.

Pawlenty would require Congress to reauthorize all federal regulations and radically reshape the federal government by privatizing services such as the U.S. Postal Service and Amtrak. He also would support an ill-advised balanced budget amendment. You could almost hear the corporate special interests uttering “check, check and check!” as the South St. Paul truck driver’s son ticked off items on their wish lists and then one-upped them.

Just reading about it makes me want to run out into the street screaming and tearing my hair out.

Sarah Palin and Michelle Bachmann are supposedly feuding now because Ed Rollins said that Bachman is more “serious” than Palin. I had to really look around to find an article that didn’t call it a “cat fight.” Here’s Rollins, quoted by NPR:

“Well I’m going to work for Michele Bachmann if she runs. That’s the one that intrigues me the most at this point and I think to a certain extent she’s articulate, she’s a conservative. She’s got a great story to tell. She’s on the Intelligence Committee. You know, she’s unknown to the national audience, but she’ll become known and that’s the candidacy that I’m going to work for if she runs.

“Sarah has not been serious over the last couple of years. She got the vice-presidential thing handed to her. She didn’t go to work in the sense of trying gain more substance. She gave up her governorship. You know, I think Michele Bachmann and others have worked hard. She has been a leader of the Tea Party, which is a very important element here. She’s an attorney, done extraordinary things with family values and what have you. So I think she will connect. She’s a great, great communicator and I would say in the race today she is probably the best communicator.”

Kinda takes your breath away, doesn’t it? Now check this out: Santorum Calls Abortion Exceptions To Protect Health Of The Mother ‘Phony’

Longshot GOP presidential hopeful and former Pennsylvania Senator Rick Santorum stomped for votes in Iowa on Tuesday, trumpeting his “culture wars” message. A longtime anti-abortion activist, Santorum is selling himself as the leading social conservative in a crowded field. Yesterday in West Des Moines, he made an appearance at a “crisis pregnancy center” called Informed Choices that tries to talk women out of having abortions. Santorum said that he “separates [himself] from the rest of the pack” and criticized the other candidates for simply “checking the box” on anti-abortion issues.

When discussing his track record as a champion of the partial birth abortion ban, Santorum dismissed exceptions other senators wanted to carve out to protect the life and health of mothers, calling such exceptions “phony”:

SANTORUM: When I was leading the charge on partial birth abortion, several members came forward and said, “Why don’t we just ban all abortions?” Tom Daschle was one of them, if you remember. And Susan Collins, and others. They wanted a health exception, which of course is a phony exception which would make the ban ineffective.

In other stupid Republican news, Wisconsin Governor Scott Walker had a painting of poor and homeless children removed from the governor’s mansion. From Mother Jones:

Walker has made headlines again after he removed a painting depicting three Wisconsin children—one had been homeless, one came from low-income family, and a third who had lost family members in a drunk-driving accident. According to the Milwaukee Journal Sentinel, the painting was one of numerous pieces of art commissioned by the fund that operates the governor’s mansion—works that were intended to remind the governor of the constituents he or she represents.

Here’s the Journal Sentinel on the painting by artist David Lenz:

In an interview, Lenz said he carefully selected the three children portrayed in “Wishes in the Wind.” The African-American girl, featured in a Journal Sentinel column on homelessness, spent three months at the Milwaukee Rescue Mission with her mother. The Hispanic girl is a member of the Boys & Girls Clubs of Greater Milwaukee. And the boy’s father and brother were killed by a drunken driver in 2009.

“The homeless, central city children and victims of drunk drivers normally do not have a voice in politics,” Lenz explained in an email. “This painting was an opportunity for future governors to look these three children in the eye, and I hope, contemplate how their public policies might affect them and other children like them.”

He added: “I guess that was a conversation Governor Walker did not want to have.”

In other news, at Camp Shelby in Mississippi, 77 army cadets were struck by lightening and hospitalized. Let’s hope they’ll all be okay. The weather sure is strange this year!

I’ll end with this interesting story from the LA Times: Autism linked to hundreds of genetic mutations.

Autism is not caused by one or two gene defects but probably by hundreds of different mutations, many of which arise spontaneously, according to research that examined the genetic underpinnings of the disorder in more than 1,000 families.

The findings, reported in three studies published Wednesday in the journal Neuron, cast autism disorders as genetically very complex, involving many potential changes in DNA that may produce, essentially, different forms of autism.

The affected genes, however, appear to be part of a large network involved in controlling the development of synapses, the critical junctions between nerve cells that allow them to communicate, according to one of the three studies.

Although the work will have no immediate value to patients or their families, the insights provide a wealth of targets to pursue in developing treatments for the disorder, scientists said. Understanding the genetic causes of autism spectrum disorders may promote more accurate diagnoses, and research on synapse formation and function could yield treatments that address the flow of signals between nerve cells.

What are you reading and blogging about today? Please share!!


Late Night Good News

Iman Obeidi is on her way to the U.S. compliments of Madam Secretary.

Marwa Obeidi told the Associated Press that a human rights group aided by U.S. Secretary of State Hillary Rodham Clinton arranged for Iman and their father to travel in a private plane to Washington by way of Malta and Austria.

The U.S. State Department had expressed concern for Obeidi’s safety after she was deported from Qatar.

Meanwhile, Libyan authorities in Tripoli have dismissed Obeidi as a drunk, a prostitute and a thief.

“Iman constantly felt scared and threatened even in Benghazi,” said her mother. “She was worried that at any moment Kadafi’s men would be near to kill her.”

Marwa Obeidi told the Associated Pres that her sister’s top priority in the U.S. would be to receive psychological treatment and to continue her studies.

“I am sure they will greet her with such warmth and kindness,” she said. “We are happy for her.”

 


Friday Reads

Good Morning!

Controversial portions of the Patriot Act were set to expire yesterday unless renewed by congress.  The renewed law was sent to the President in Europe to be signed into law via electronic signature using  an autopen.  The tornado coverage pretty much moved any discussion of the pros and cons of this move out of the public eye.  Here’s some information from Senator Ron Wyden explaining that the government just keeps increasing its ability to spy on its citizens. We never seem to get honest discussions about these topics.

  Wyden (D-Oregon) says that powers they grant the government on their face, the government applies a far broader legal interpretation — an interpretation that the government has conveniently classified, so it cannot be publicly assessed or challenged. But one prominent Patriot-watcher asserts that the secret interpretation empowers the government to deploy ”dragnets” for massive amounts of information on private citizens; the government portrays its data-collection efforts much differently.

“We’re getting to a gap between what the public thinks the law says and what the American government secretly thinks the law says,” Wyden told Danger Room in an interview in his Senate office. “When you’ve got that kind of a gap, you’re going to have a problem on your hands.”

What exactly does Wyden mean by that? As a member of the intelligence committee, he laments that he can’t precisely explain without disclosing classified information. But one component of the Patriot Act in particular gives him immense pause: the so-called “business-records provision,” which empowers the FBI to get businesses, medical offices, banks and other organizations to turn over any “tangible things” it deems relevant to a security investigation.

“It is fair to say that the business-records provision is a part of the Patriot Act that I am extremely interested in reforming,” Wyden says. “I know a fair amount about how it’s interpreted, and I am going to keep pushing, as I have, to get more information about how the Patriot Act is being interpreted declassified. I think the public has a right to public debate about it.”

So, the interesting thing is that Senator Rand Paul held the act up in the Senate with a procedural move.  This turned out to be mostly symbolic as the Patriot Act was eventually renewed.

Freshman Sen. Rand Paul (R-Ky.), a Patriot Act opponent who had used procedural tactics to delay a final vote on the bill for much of the week, eventually worked out a deal with Senate Majority Leader Harry Reid (D-Nev.) to get votes on two of his amendments – but not before Reid accused the libertarian, tea-party darling of “political grandstanding” and trying to protect terrorists.

While Paul’s amendments ultimately failed by wide margins, Republican leaders blocked Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) from even getting a vote on his bipartisan amendment that would have required greater congressional oversight of the anti-terrorism tools in the law.

Leahy briefly threatened to delay the final vote himself – a rare move for the chairman tasked with shepherding the bill through the Senate. But he later backed off, vowing to introduce his amendment as a stand-alone bill.

“I do feel this really ruins the chances to make the Patriot Act one that could have had far, far greater bipartisan support, and we have lost a wonderful chance,” Leahy said on the Senate floor, “but I understand that we have to do what the Republicans want on this bill.”

The longtime liberal from Vermont voted no and rejected assertions by Republicans that his objections would have been to blame for the Patriot Act provisions expiring, something top Obama administration officials warned could threaten national security during a time of heightened alert.

“There is no conceivable way this thing can get passed and signed by the president anyway [before the provisions expire],” Leahy told two reporters before the vote, unaware that the White House intended to attach the president’s signature via autopen. “So that was the most bogus, damn argument that’s been made in this place today.”

When asked if Reid, his party’s leader, had poorly managed the amendment process, Leahy replied: “I can’t even answer that with a straight face.”

Meanwhile, Republicans in the Senate are trying to stop the current Senate session from going into recess to block any appointment by President Obama of Elizabeth Warren to the CFPB.  There are other recession appointments that could be made by the President but this particular one was being pushed by some liberal senators including Minnesota’s Al Franken.

Some Republicans feared that Obama would use the recess to appoint Elizabeth Warren to head the controversial Consumer Financial Protection Bureau, which will have broad powers over Wall Street.

A coalition of liberal groups has launched a petition pushing for a recess appointment of Warren.

Sen. Jeff Sessions (Ala.), the ranking Republican on the Budget Committee, also threatened to block the Senate’s complete adjournment in order to protest Democrats’ decision not to mark-up a budget blueprint in the panel or bring a Democratic plan to the floor.

To avoid the cumbersome process of holding a vote on the adjournment resolution, Reid opted for the compromise of holding pro-forma meetings next week, GOP sources say.

Additionally, forty-six Republican senators set a letter to  Reid via Sessions asking the majority leader to not adjourn the Senate without the Budget Committee marking up a spending plan.  This was generally seen as a political move to block the appointments instead of being an honest request for budget discussions.

The Supreme Court upheld law aimed at punishing businesses that hire undocumented workers. This was a law that was challenged by the US Chamber of Commerce.  It was called the business death penalty.

The Supreme Court on Thursday gave Arizona and other states more authority to take action against illegal immigrants and the companies that hire them, ruling that employers who knowingly hire illegal workers can lose their license to do business.

The 5-3 decision upholds the Legal Arizona Workers Act of 2007 and its so-called business death penalty for employers who are caught repeatedly hiring illegal immigrants. The state law also requires employers to check the federal E-Verify system before hiring new workers, a provision that was also upheld Thursday.

The court’s decision did not deal with the more controversial Arizona law passed last year that gave police more authority to stop and question those who are suspected of being in the state illegally. But the ruling is likely to encourage the state and its supporters because the court majority said states remained free to take action involving immigrants.

Thursday’s decision is a defeat for the U.S. Chamber of Commerce, several civil-rights groups and the Obama administration, all of whom opposed the Arizona law and its sanctions on employers. They argued that federal law said states may not impose “civil or criminal sanctions” on employers.

Another important judicial decision was made in Wisconsin yesterday when a judge struck down the Wisconsin law that aimed at weakening union membership.  The bill was rushed through to avoid dealing with Democratic Senators who had fled the state to deny a quorum.  The judge ruled the bill’s passage did no meet Wisconsin law for properly passing laws.

In a 33-page decision, Dane County Circuit Judge Maryann Sumi overturned the legislation and ruled that GOP lawmakers broke the state’s open meetings law in passing it March 9 amid raucous protests by union supporters. The legislation would limit collective bargaining to wages for all public employees in Wisconsin, except for police and firefighters, and impose cuts in their health and pension benefits to help balance a massive state budget shortfall.

On March 18, Sumi had placed a temporary hold on the law, but Thursday’s ruling voided it – at least until the Supreme Court decides whether to act in the case.

“It’s what we were looking for,” said Dane County District Attorney Ismael Ozanne, a Democrat, even as he acknowledged the higher court could have the final say.

The ruling – the latest kicker in a tumultuous three and a half months – could push GOP lawmakers to pass the collective bargaining measure again. It also highlights the importance of Supreme Court Justice David Prosser’s election to the sharply divided court following a statewide recount – one that Prosser opponent JoAnne Kloppenburg is still considering whether to challenge. And in a sign of the financial stakes, a legislative panel Thursday voted to drop $30 million in savings from employee benefits that the legislation would have delivered by June 30.

A priest in an Italian archdiocese who is  top adviser to Pope Benedict XVI was arrested May 13 on pedophilia and drug charges in a drug and sex ring investigation.  The priest is also HIV positive.  A retired priest told reporters that he had complained about the offending priest back in 1994.  My guess is that this priest didn’t attend Woodstock.

Father Riccardo Seppia, a 51-year-old parish priest in the village of Sastri Ponente, near Genoa, was arrested last Friday, May 13, on pedophilia and drug charges. Investigators say that in tapped mobile-phone conversations, Seppia asked a Moroccan drug dealer to arrange sexual encounters with young and vulnerable boys. “I do not want 16-year-old boys but younger. Fourteen-year-olds are O.K. Look for needy boys who have family issues,” he allegedly said. Genoa Archbishop Angelo Bagnasco, who is the head of the Italian Bishops Conference, had been working with Benedict to establish a tough new worldwide policy, released this week, on how bishops should handle accusations of priestly sex abuse.

Reports from Libya indicate the use of systematic rape by Ghaddafi forces.  Hundreds of  women in Misratah may have been systematically raped.  Members of the Libyan rebels have offered to marry young girls that have been subjected to these rapes.  Doctors are performing abortions and treating STDs as required.  Counselors who helped during the Bosnia conflict have been sent to the area.

THE young Libyan soldier showed almost no emotion as he described how his unit had raped four sisters, the youngest about 16, after breaking into a home in the besieged port of Misratah.

“My officer sent three of us up to the roof to guard the house while they tied up the father and mother and took the girls to two rooms, two each to a room,” said Walid Abu Bakr, 17.

“My two officers and the others raped the girls first,” he recalled in a monotone, still dressed in the camouflage uniform he was wearing when he surrendered 12 days ago. They were playing music. They called me down and ordered me to rape one of the girls.”

Abu Bakr, from Traghen, a poor southern town, claimed he had been given hashish and was not responsible.

So, last on my reading list is another item from Time Magazine entitled ‘Sex, Lies, Arrogance: What Makes Powerful Men Behave So Badly?’  My answers will sound vaguely familiar.  It’s because they can get away with it.

By now social commentators have the explanations on auto-save: We know that powerful men can be powerfully reckless, particularly when, like DSK, they stand at the brink of their grandest achievement. They tend to be risk takers or at least assess risk differently — as do narcissists who come to believe that ordinary rules don’t apply. They are often surrounded by enablers with a personal or political interest in protecting them to the point of covering up their follies, indiscretions and crimes. A study set to be published in Psychological Sciencefound that the higher men — or women — rose in a business hierarchy, the more likely they were to consider or commit adultery. With power comes both opportunity and confidence, the authors argue, and with confidence comes a sense of sexual entitlement. If fame and power make sex more constantly available, the evolutionary biologists explain, it may weaken the mechanisms of self-restraint and erode the layers of socialization that we impose on teenage boys and hope they eventually internalize.

“When men have more opportunity, they tend to act on that opportunity,” says psychologist Mark Held, a private practitioner in the Denver area who specializes in male sexuality and the problems of overachievers. “The challenge becomes developing ways to control the impulses so you don’t get yourself into self-defeating situations.”

I’ll leave further explanations up to BostonBoomer.  So, that’s my offering for this morning.  What’s on your reading and blogging list today?