Public access to government information is vital to a functioning democracy. That’s probably why the Justice Department is proposing this change to the Freedom of Information Act. They’re working on further disappearing people and information now. Is having a functioning democracy politically inconvenient or simply expedient in this age of terrorist games? This is one change that we should be fighting tooth and nail.
A proposed revision to Freedom of Information Act rules would allow federal agencies to lie to citizens and reporters seeking certain records, telling them the records don’t exist.
The Justice Department has proposed the change as part of a large revision of FOIA rules for federal agencies. Specifically, the rule would direct government agencies who are denying a request under an established FOIA exemption to “respond to the request as if the excluded records did not exist,” rather than citing the relevant exemption.
The proposed rule has alarmed government transparency advocates across the political spectrum, who’ve called it “Orwellian” and say it will “twist” public access to government.
In a public comment regarding the rule change, the ACLU, along with Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org, said the move “will dramatically undermine government integrity by allowing a law designed to provide public access to government information to be twisted to permit federal law enforcement agencies to actively lie to the American people.”
Anne Weismann, the chief counsel of CREW, said the Justice Department has a legitimate purpose behind the rules: to protect sensitive information about ongoing investigations. However, she said lying about the records “is an overbroad and improper response.”
“The problem is, if you’re a FOIA requester and the agency says they don’t have the records, you have no reason to doubt that,” Weismann said.“But if they cite an exemption, you have the option to sue.”
I can think of a number of records pertaining to our current wars as well as a variety of domestic terrorism criminal suits that could conveniently be disappeared. Would this also extend to the request that got the FED to pony up its TARP details, or say, the request to see who visited the White House during the Health Care Reform debates like all those Big Pharma folks?
This is vital to a free and functioning press. I know we don’t have much of that left, but a few reporters still actually take their jobs as journalists seriously. This is also important for academics, lawyers, and a host of others who need the details to determine potential wrong doing or innocence. This certainly means the government would be able to interpret what it wants to give you under a FOIA request. This is a very bad thing.
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What is it about Elizabeth Warren that makes Republicans foam at the mouth and turn apoplectic? Surely her tenure as a presidential adviser and creator of the Consumer Financial Protection Bureau brought her into direct fire and criticism for anyone singing the corporate/banker tune. Though the Bureau was presumably a joint venture with Treasury, it soon became apparent that Timothy Geithner was a less than enthusiastic partner in Warren’s brainchild, an agency to protect consumer interests from confusing, often unfair financial contracts.
To many in the public, Elizabeth Warren was and has been a vocal advocate of the 99% before the 99ers were a twinkle in anyone’s eye. She had famously said she would fight for the Bureau’s legitimacy and was willing to leave “blood and teeth on the floor” to make that happen. That attitude and her frank support for middle-class, every-day concerns made her wildly popular in the public arena.
Well, that was then and this is now. Warren would not receive a permanent position to head the Bureau she created and breathed into life. That would have entailed a fight from this Administration, something for which President Obama has shown little talent or willingness.
Instead, as we all know Elizabeth Warren is running for the US Senate in Massachusetts, the seat held by Ted Kennedy for nearly 47 years, now occupied by Scott Brown, who was swept into office primarily over Obama’s botched healthcare plan.
I suspect that the GOP’s real problem with Ms. Warren is she did not go quietly into that good night, otherwise known as: back off and shut up. Not only is she running for the Senate but she’s giving talking tours, explaining the current financial crisis and serving up some very inconvenient truths about what Bush’s eight-year stint of failed economic policy actually did to the country. Remember? Cut taxes; run two, hideously expensive, unfunded wars; and create a Medicare drug program out of thin air and magic money.
Ms. Warren’s unforgiveable sin is simply this:. Tell the truth. Not only that, but then suggest the rich have an obligation to pay their fair share, to give back to the society that made their success possible. Known as pay it forward. And if you’re going to go to Hell, why not go out in true glory? Warren went on to suggest that no one who has become rich did it all on their own. Her statements went viral.
Republican and Libertarian heads exploded in short order. Blasphemy must be punished, they screamed. Bring the woman to heel.
The new Republican assault is as predictable as it is laughable. Elizabeth Warren is now charged with a ‘collectivist agenda.’ She is an enemy of free enterprise, a threat to capitalism [which needs redefining because as I recall Banana Republic economies are hardly free, nor dedicated to capitalism]. And so we come to the rather pathetic campaign ad that declares Ms. Warren is calling for violence, the overthrow of the State itself.
She is the Woman Who Would Throw Rocks.
Personally? I hope her aim is deadly.
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Boston Boomer has been updating me on the shenanigans pulled by Timothy Geithner via Ron Suskind’s “Confidence Men”. I’m hoping she’ll outline all the stuff in a post soon. I’m sure you remember how Geithner approved Wall Street Executives giving themselves bonuses after receiving TARP funds. There’s substantial evidence that Geithner blocked plans to remove CEO Vikram Pandit and dismantle Citibank. He evidently had incredible issues with Sheila Bair, is known for throwing screaming fits when his pet Wall Street Banker friends are threatened and evidently ignored the President’s orders to get tougher on Wall Street early in the administration. Again, I”ll let Boomer flesh it out for you but there’s some really heady information out there about Geithner and his incredible coziness with the shadow banking industry.
Asked on CNBC about the Occupy Wall Street movement’s frustrations over the lack of criminal charges related to the financial crisis, Geithner said action is on the way.
“You’ve seen very, very dramatic enforcement actions already by the enforcement authorities across the U.S. government, and I’m sure you’re going to see more to come. You should stay tuned for that,” he said.
…
Geithner Friday said the Obama administration had moved swiftly after the crisis to put into place new protections for consumers and investors.
“We moved very quickly to put in place a much stronger set of rules of the game across the financial sector. Now, we’re now facing a lot of resistance to those rules, but we’re going to make sure that we deliver the promise of those reforms, which is a much tougher set of rules across the system against risk-taking and much stronger protections for consumers,” he said.
Geithner responded to the Occupy Wall Street demonstrations by asserting that their unhappiness was due to the sluggish pace of overall economic growth.
“What you see is a general sense across the country of concern that the U.S. economy is not growing faster, you’re not seeing incomes rise more rapidly, and people want to make sure that the government, Washington, is acting to make things better now. As part of that, they want to see us deliver much stronger protections for consumers and investors as an economy as a whole,” Geithner said on CNBC.
The Treasury Secretary added that the domestic focus was to ensure that Congress would take steps that would encourage economic growth and lower the deficit.
“What we’re focused on is trying to make sure that we are doing everything to encourage Congress. … to take some steps now that can make growth stronger in the United States, and tie that to reforms to bring down our long-term deficits,” he said.
Something tells me that the deteriorating political scenario for the President has something to do with this conversation. However, I will believe it when I see it happen. Talk show chatter comes so cheap.
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President Barack Obama says the release of legal opinions governing harsh questioning of terrorism suspects is required by the law and should help address “a dark and painful chapter in our history.”
Obama issued a statement accompanying Thursday’s release of four significant memos written by the Bush administration in 2002 and 2005. The president said that the interrogation techniques outlined in the memos “undermine our moral authority and do not make us safer.”
The Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike Friday, according to administration officials.
The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.
“What constitutes due process in this case is a due process in war,” said one of the officials, who spoke on the condition of anonymity to discuss closely held deliberations within the administration.
So if this is all on the up and up, no violations of the Constitution involved, why can’t we see the legal arguments?
The operation to kill Aulaqi involved CIA and military assets under CIA control. A former senior intelligence official said that the CIA would not have killed an American without such a written opinion.
A second American killed in Friday’s attack was Samir Khan, a driving force behind Inspire, the English-language magazine produced by al-Qaeda in the Arabian Peninsula. An administration official said the CIA did not know Khan was with Aulaqi, but they also considered Khan a belligerent whose presence near the target would not have stopped the attack.
But if they needed a legal opinion in order to target Aulaqi, then why didn’t they need one of Khan? None of this makes any sense to me, and frankly, I’d like the ACLU lawyers to review this Justice Department memo.
What justification can there be for President Obama and his lawyers to keep secret what they’re asserting is a matter of sound law? This isn’t a military secret. It isn’t an instance of protecting CIA field assets, or shielding a domestic vulnerability to terrorism from public view. This is an analysis of the power that the Constitution and Congress’ post September 11 authorization of military force gives the executive branch. This is a president exploiting official secrecy so that he can claim legal justification for his actions without having to expose his specific reasoning to scrutiny. As the Post put it, “The administration officials refused to disclose the exact legal analysis used to authorize targeting Aulaqi, or how they considered any Fifth Amendment right to due process.”
Obama hasn’t just set a new precedent about killing Americans without due process. He has done so in a way that deliberately shields from public view the precise nature of the important precedent he has set. It’s time for the president who promised to create “a White House that’s more transparent and accountable than anything we’ve seen before” to release the DOJ memo.
What I’d most like to know is who is making these decisions? I’m still slogging through the Suskind book, and again and again I’m learning that Obama had the right instincts–at least about economics–but then was thwarted by his supposed underlings. Is that happening in the area of counterterrorism as well?
We need to know, and that is why this memo must be released. Obama has shown that he has no ability to lead or even to stand up to his own “advisers” when they ignore his orders. We need to understand who really made the decision that American citizens must be murdered, rather than arrested, charged, and given fair trials. And that person needs to be fired immediately.
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Dakinikat recently called Ezra Klein “Beltway Bob,” or the Bagdad Bob of the Beltway. That’s a perfect name for Klein, who is apparently way too young to remember anything about politics before about 1990. The guy is naive beyond belief. Lately he seems to see his role as explaining away all of Obama’s blunders, usually by arguing that the President is just too good and moral for the rough and tumble of politics.
This morning, Klein set out to explicate the “deficit reduction plan” that Obama announced in his speech this morning. Specifically, Klein wanted to explain “why the White House changed course.”
President Obama’s deficit-reduction plan (pdf)
is most interesting for what’s not in it. It does not cut Social Security by “chaining” the program’s cost-of-living increases. It does not raise the eligibility age for Medicare from 65 to 67. Nor does it include any other major concessions to Republicans. Rather, the major compromise it makes is with political reality — a reality that the White House would prefer not to have had to acknowledge.
Since the election, the Obama administration’s working theory has been that the first-best outcome is striking a deal with Speaker John Boehner and, if that fails, the second-best outcome is showing that they genuinely, honestly wanted to strike a deal with Speaker John Boehner.
That was the thinking that led the White House to reward the GOP’s debt-ceiling brinksmanship by offering Boehner a “grand bargain” that cut Social Security, raised the Medicare age, and included less new revenue than even the bipartisan Gang of Six had called for. It was also a theory that happened to fit Obama’s brand as a postpartisan uniter and his personal preferences for campaigning on achievements rather than against his opponents. But though it came close to happening, the “grand bargain” ultimately fell apart. Twice.
The collapse of that deal taught them two things: Boehner doesn’t have the internal support in his caucus to strike a grand bargain with them, and the American people don’t give points for effort.
Very likely you’re asking yourself, “What the heck does that mean?” I certainly was when I first read it. Is this guy trying to tell us that no one in the White House understood until recently that Boehner had a bunch of looney-tunes tea party reps to deal with? Is he really trying to convince us that–after all those years in Illinois politics and his admittedly short time in national politics–that Obama and/or his advisers actually did not understand that voters expect results, not “just words?”
The answer is “yes.” Beltway Bob does expect you to believe that. The rest of his column is devoted to explaining in great detail that Obama and his advisers actually believed that voters would be thrilled if he made nice with Republicans even if it meant selling out every Democratic ideal–that if the President “looked like a nice guy,” the voters–especially Independents, I guess–would rush to the polls to reelect him.
But now, according to Beltway Bob, the White House staff and the President understand that they made a huge mistake: “the second-best outcome isn’t necessarily looking like the most reasonable guy in the room. It’s looking like the strongest leader in the room.” So that’s why Obama threatened to veto any plan that cuts Medicare or Medicaid and he has for now supposedly taken Social Security off the table. It’s all so sad, according to Beltway Bob–poor Barack has had to go back on all his ideals (those ideals apparently being that he wanted to a great compromiser, while caring nothing about the effects of his compromises) and accept “politics as usual.” Boo-hoo-hoo.
Rather than emphasizing his willingness to meet Boehner’s bottom lines, which was the communications strategy during the debt ceiling showdown, he’s emphasizing his unwillingness to bend on his bottom lines.
That isn’t how the White House would prefer to govern. It’s not how they would prefer to campaign. It is, let’s admit it, politics-as-usual. It’s the triumph of the old way of doing things, an admission that Washington proved too hard to change. But it’s also the only option they have left.
Ezra Beltway Bob can’t seem to recall the hundreds of times that Obama has vowed to draw lines in the sand and then quickly backtracked–not to mention all the Campaign promises he went back on. But why on earth should anyone with a functioning memory believe this hogwash?
Frankly, IMHO, if Obama has in fact taken Social Security, Medicare, and Medicaid changes off the table–which I strongly doubt–it’s probably because he’s scared silly that Americans are finally seeing through his lies.
If you read the transcript of Obama’s speech, you’ll see that he sounds defensive, hesitant, scared of his own shadow. This morning he called for the wealthy to pay at least 20% of their income in taxes. We are supposed to buy that that is a tax increase. Yet under Bush, the wealthiest Americans were supposed to pay 35%, already an unconscionably low rate–why not make them pay that much at least?
Michael Tomasky
Because our President is a scaredy cat, that’s why! I think the change–if it’s real–has everything to do with the news that has come out about Ron Suskind’s new book Company Men, which will be released tomorrow. The news reports about the book make Obama sound like a weak, passive, detached executive who lets his underlings push him around. Michael Tomasky at the Daily Beast calls him “The Scared President.”
Tomasky notes that he was persuaded by what Suskind wrote about the Bush administration in a previous book.
I’m on record as taking Suskind at his word in such matters. In early 2004, when Suskind and Bush Treasury Secretary Paul O’Neill produced The Price of Loyalty, I reviewed it for The New York Times and found it persuasive.That book was the first to confirm what everyone knew anyway: that the Bush White House was run according to politics, not policy. Confidence Men also confirms what we knew about Obama’s White House: that the president appointed the wrong economic team from the start, failed to crack down on the banks, and was Solomonic to a fault when formulating responses to the financial crisis (oh, and news flash: Larry Summers is hard to work with!).
That would be interesting without being shocking. But the indictment goes one mortifying step deeper: Geithner and Summers and Rahm Emanuel, and perhaps others, sometimes ignored Obama, refused to carry out his orders, and, in Summers’s case, mocked him, saying at one point to then-Budget Director Peter Orszag that “there’s no adult in charge” in the White House. And while I don’t yet know whether Suskind emphasizes this point, let’s carry the critique one step further: They did so, as far as we know, without suffering any consequences at all.
No matter how much the White House tries to deny the details that have come out on Suskind’s book, the overall takeaway is that Obama is weak and indecisive. And that is the impression that most Americans have about him already, so why should they disbelieve it? Tomasky:
That’s the problem the book reveals. Adam Moss and Frank Rich of New York magazine did get an early copy and read it, and in an online dialogue posted over the weekend, they home in on what Rich calls Obama’s “intellectual blind spot.” Obama even recognized it himself, telling Suskind he was too inclined to look for “the perfect technical answer” to problems; Rich quotes Suskind as writing that Obama always favored policies that were “respectfully acknowledging opponents’ positions, even those with thin evidence behind them, that then get stitched together into some pragmatic conclusion—but hollow.”
That sounds awfully apt to me. Obama was afraid to be the president. He listened to a dozen viewpoints and tried to come up with something that made everyone happy. Unfortunately, “everyone” included people on his team who were looking out for the banks more than for the public (or for their own boss), and it included people on Capitol Hill whose clear agenda was Obama’s political destruction. It’s the central—and depending on how the next election turns out, possibly decisive—paradox of this president: In trying way too hard to look presidential in the sense of “statesmanlike,” he has repeatedly ended up looking unpresidential in the sense of not being a leader.
Obama wasn’t ready to be President in 2008, and he still isn’t. Tomasky claims to have hopes that Obama can turn it around, but I think it’s just too late. There have been too many lies, too many betrayals of campaign promises, too many sellouts to Wall Street and the Republicans, and too many reversals of supposed lines in the sand.
Perhaps if Obama were capable of followingJames Carville’s advice and fired most of his staff and stood up to Wall Street and the Republicans, as Tomasky hopes. But Obama simply can’t do it. He’s too weak and inexperienced.
Whether you look at Obama through the eyes of Beltway Bob and conclude that this President is just too good and holy for “politics as usual” or through the eyes of Tomasky and conclude that Obama is scared of his own advisers and of Republicans in Congress, this man is simply not qualified for the office he holds. Obama must go. There is no other realistic solution to the country’s problems.
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The Sky Dancing banner headline uses a snippet from a work by artist Tashi Mannox called 'Rainbow Study'. The work is described as a" study of typical Tibetan rainbow clouds, that feature in Thanka painting, temple decoration and silk brocades". dakinikat was immediately drawn to the image when trying to find stylized Tibetan Clouds to represent Sky Dancing. It is probably because Tashi's practice is similar to her own. His updated take on the clouds that fill the collection of traditional thankas is quite special.
You can find his work at his website by clicking on his logo below. He is also a calligraphy artist that uses important vajrayana syllables. We encourage you to visit his on line studio.
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