Late Night: The Benghazi “Sideshow” Will Never Die
Posted: May 13, 2013 Filed under: 2016 elections, Foreign Affairs, Hillary Clinton, Libya, Political and Editorial Cartoons, Republican politics, U.S. Politics | Tags: acts of terror, Benghazi Sideshow, Darrell Issa, House Oversight Committee, terrorism, terrorist attacks 12 CommentsSource: The Cagle Post
Today President Obama accurately called the endless Republican outrage over Benghazi “a sideshow.” Reuters reports:
The Benghazi matter flared up again last week after internal emails were made public showing that in the days after the attack, the administration tried to shape “talking points” to explain why four Americans, including U.S. Ambassador Christopher Stevens, had been killed.
Obama rejected Republicans’ claims that the administration tried to cover up the role of Islamist militants in the attack to avoid looking weak on terrorism eight weeks before the presidential election.
Obama said Republicans have had political motives in criticizing him, his staff and former Secretary of State Hillary Clinton, a potential 2016 presidential candidate.
“The whole issue of this – of talking points, frankly, throughout this process has been a sideshow,” he said. “The whole thing defies logic. And the fact that this keeps on getting churned out, frankly, has a lot to do with political motivations.”
All true, but it will make no difference. Benghazi has joined the ranks of Whitewater, Travelgate, and Monicagate. It will go on forever. It will never die even if someone shoots it with a silver bullet or pounds a stake through its heart. It win continue on without pause until the House finally tries to impeach Obama or his second term mercifully ends.
This is how ridiculous it has gotten. Think Progress reports that convicted car thief and Chairman of the House Oversight Committee Darrell Issa believes Obama Covered Up Benghazi Terrorism By Calling It An ‘Act Of Terror’
House Oversight Chairman Darrell Issa (R-CA) responded to President Obama’s forceful condemnation of the GOP’s effort to portray his administration’s response to the attacks on the American diplomatic mission in Benghazi, Libya as a cover-up on Monday, suggesting that the president sought to downplay the severity of the incident by describing the killings of four Americans as an “act of terror” rather than a “terrorist attack.”
In the day following the Benghazi attacks, Obama appeared at the White House Rose Garden alongside then-Secretary of State Hillary Clinton. In his remarks, Obama referred to the incident as an “act of terror” and used the phrase again at a campaign rally the day after in Denver, CO. “I want people around the world to hear me: To all those who would do us harm, no act of terror will go unpunished,” he said.
But Issa claimed that Obama relied on the “act of terror” formulation to dissuade Americans from thinking it was a terror attack, thus improving his chances of re-election.
Amazing. I have half a mind to repost the long piece I wrote on Issa’s criminal history back in January 2011: New Chairman of House Oversight Committee Lacks Moral Gravitas (To Put It Mildly)
At the Atlantic Elspeth Reeve explains that no matter how “boring” the Benghazi “scandal” is, the Republicans will keep right on pushing it (emphasis added).
As we have noted before, the Benghazi scandal is boring. What is potentially scandalous is not what happened during the attack — that was done by bad guys, not the U.S. government — but the talking points U.N. ambassador Susan Rice gave on five political talk shows five days later. Naturally, people who are extremely skeptical of President Obama’s intentions want to give the scandal a greater sense of urgency. Retired Admiral James Lyons, for example, explained to The Atlantic Wire last week the theory that Obama colluded with terrorists to have Ambassador Chris Stevens kidnapped in order to set up a prisoner exchange with the Blind Sheikh. On Monday, after Obama called the ongoing theories a “sideshow” and before White House Press Secretary Jay Carney did the same, Limbaugh floated a different theory that would make Obama’s actions much worse, if not quite so treasonous. Rush was not alone in his floating; so long as there is an attack’s aftermath with which to create more aftermath, he never will be.
In the CIA’s original talking points, the very first bullet point says, “We believe based on currently available information that the attacks in Benghazi were spontaneously inspired by the protests at the U.S. Embassy in Cairo and evolved into a direct assault…” We now know that’s wrong. The video played no part; the attacks were pre-planned. Limbaugh explained on Monday that he thinks the CIA and the State Department knew even at the time of the attack that the video played no part. Limbaugh says American intel knew the attacks were coming in Benghazi and Cairo. When the Cairo embassy tweeted an apology for the anti-Islam video on September 11, 2012, it was because the tweeter “knew in advance it was going to happen.” Limbaugh said, “The stated purpose of the apology was to stop and prevent any protest because we knew some were coming.” Therefore, “I am convinced that the administration concocted this video excuse before anything happened.”
So many want more there to be there, no matter how much Obama says “there’s no there there” — or perhaps because of it. At World Net Daily last week, Erik Rush speculated that Obama might have “orchestrated the attack” himself, “given his connections to the Muslim Brotherhood and legendary understanding of all things Islamic.” On his radio show on Monday, Glenn Beck theorized that the Muslim Brotherhood was behind a whole bunch of things: “I want you to know, the IRS story, the Benghazi story, and the Boston bombings—and more importantly the Muslim cover up, the Muslim Brotherhood cover up— they’re all connected.”
Of course in addition to their dream of impeaching Obama, the Republicans are desperate to keep the Beghazi sideshow going in order to keep Hillary Clinton from running for president in 2016. And that, in a nutshell, is why Benghazi will keep right on ticking and ticking and ticking….
Hillary and Benghazi by Randall Enos
For Political Use Only by Mark Streeter
Live Blog #3 Boston Marathon Bombings
Posted: April 15, 2013 Filed under: Crime, open thread | Tags: Boston Marathon bombings, Patriots Day, terrorism 44 CommentsI thought I’d put up one more thread, since the last one has so many comments. Feel free to talk about other topics if you want.
One interesting report from The New York Times. an unexploded bomb was found in Newton, which is a suburb Southwest of Boston.
Police officials said they did not yet have any suspects in custody. A person briefed on preliminary developments in the investigation said that members of Boston’s Joint Terrorist Task Force were at Brigham and Women’s Hospital interviewing a wounded man seen running from the scene of the two blasts, near 671 Boylston Street. The person said that police investigators had contacted the local gas and electric company and determined that the explosions were not related to gas or electrical service.
The authorities also found a device at St. James and Trinity Streets that did not explode, the person said, and two other devices were found, including one in Newton, outside of Boston.
The Mandarin, Marriott and Lenox hotels were evacuated because of reports of suspicious packages, but no confirmed explosive devices have yet been found at those hotels.
The person also said that the maritime security level in Boston was raised from level one to level two; three is the highest level.
“We’re treating this as an ongoing event at this time,” Edward F. Davis, Boston’s police commissioner, said at a late afternoon news conference.
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.














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