The Rule of Law or the Rule of Political Expediency

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I know there are those who are tired of the subject of torture and the prosecution of those who either committed, authorized, or provided legal justification for these acts, but to my mind there is no more important topic.

It gets to the heart of what the United States of America stands for. Are we a country that abides by our own laws and international treaties which we signed and pledged to uphold, or do   adherence to the law and treaty obligations cease in the aftermath of a terrorist attack and in the name of political expediency?

If we are the former and not the latter, then this should be unacceptable:

An internal Justice Department inquiry has concluded that Bush administration lawyers committed serious lapses of judgment in writing secret memorandums authorizing brutal interrogations but that they should not be prosecuted, according to government officials briefed on its findings.

The findings, growing out of an inquiry that started in 2004, would represent a stinging rebuke of the lawyers and their legal arguments.

But they would stop short of the criminal referral sought by some human rights advocates, who have suggested that the lawyers could be prosecuted as part of a criminal conspiracy to violate the anti-torture statute.”

U.S. Code, Title 18,2340A says:

(a)  Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

b)  Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—
(1) the alleged offender is a national of the United States; or
(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c)  Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

Article 4 of the U.N, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment signed by President Reagan in 1988 clearly states:

Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture.

Article 2 of the same document:

No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.

So I’ll ask again, are we a country where the rule of law prevails or not? Is the United States a country that can be trusted to keep it’s word or not? To me the answer is clear.

Remember This Number Republicans: 21

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Here’s a number for the Republican Party to remember for future reference, 21. Twenty-one, that’s the percentage of Americans who identify themselves as Republicans according to the latest Washington Post poll, the lowest that figure has been in 26 years.

Remember that number at the next meeting of the RNC, when you propose another stupid resolution like the one to brand the opposition as Socialists instead of Democrats.

Remember that number before you send Newt Gingrich out to say that President Obama is bowing to pressure from the “anti-American left” in considering allowing prosecution of former Bush administration officials.

Remember that when Sen. Judd Gregg says this regarding the use of the budget reconciliation process :

“I can understand shaking Hugo Chavez’s hand, but I can’t understand embracing his politics.”

Remember that number when former Senator and present radio blowhard Fred Thompson says something like this:

“And then after promising that there would be no prosecutions, [Obama] acquiesced and now opened the door for that. So I think it’s a case of naivete, ineptitude and unbelievable arrogance and lack of experience.”

Remember that number when Sen. McCain and Sen. Bond say that President Obama is turning the United States into a “banana republic.”

Remember that number the next time Congressman Eric Cantor confronts President Obama about spending cuts, then when asked by the president for a list of areas where Cantor himself would cut, responds:

“You can expect us to have something very soon.”

Ah yes, the old “we’ll get back to you” policy.

Twenty-one Republicans, great number if you’re at the blackjack tables in Las Vegas, not so good if you ever hope win another national election.

A War Crime Worse Than Torture

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Torture is a war crime, I don’t think there’s much debate about that. The Geneva Conventions say so, the United Nations Convention Against Torture says so. What constitutes torture, and whether or not waterboarding qualifies, may be debatable for some, but that’s not the topic for today.

In my opinion, recent revelations have uncovered a greater war crimes than torture. That is the Bush administration taking this country into war in Iraq on false and concocted premises, and the lengths to which they were willing to go to make a connection between Saddam Hussein and September 11 to justify that war.

Frank Rich’s excellent op-ed in the New York Times and the chain of events in 2002 makes this clear; from the interrogation of Abu Zubaydah, to the Downing Street memo, to the Bybee memo authorizing the use of the “enhanced techniques.”

The timeline:

March to June 2002, Zubaydah was interrogated by the FBI and the CIA, using traditional methods which produced actionable intelligence, such as information on Khalid Sheikh Mohammed and Jose Padilla.

But that’s not what the Bush administration wanted, as stated in the Downing Street memo from July 2002:

There was a perceptible shift in attitude. Military action was now seen as inevitable. Bush wanted to remove Saddam, through military action, justified by the conjunction of terrorism and WMD. But the intelligence and facts were being fixed around the policy.

August 1, 2002 brought the Bybee memo calling Zubaydah “one of the highest ranking members of the al-Qaeda terrorist organization”,which by that time they knew was untrue, and authorizing the “increased pressure phase” because interrogators were “certain that he has information that he refuses to divulge.” Another lie.

August of 2002, Zubaydah was waterboarded 83 times, a tactic known to produce false confessions according to one of Zubaydah’s interrogators:

There was no actionable intelligence gained from using enhanced interrogation techniques on Abu Zubaydah that wasn’t, or couldn’t have been, gained from regular tactics. In addition, I saw that using these alternative methods on other terrorists backfired on more than a few occasions — all of which are still classified. The short sightedness behind the use of these techniques ignored the unreliability of the methods..

But the Bush administration didn’t care about the reliability, they just wanted someone to say the words establishing the link between Saddam and 9/11. Whether or not it was true, or whether the means by which they achieved that goal were in violation of U.S. or international law was irrelevant.

As Frank Rich put it:

“…the ticking time bomb was not another potential Qaeda attack on America but the Bush administration’s ticking timetable for selling a war in Iraq; it wanted to pressure Congress to pass a war resolution before the 2002 midterm elections.

But there were no links between 9/11 and Iraq, and the White House knew it. Torture may have been the last hope for coercing such bogus “intelligence” from detainees who would be tempted to say anything to stop the waterboarding.”

Attempting to sell a war based on bogus intelligence obtained through illegal means? To me, that is a war crime worse than torture.

If We Sink to the Level of the Terrorists, Haven’t They Won?

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There are a couple of articles in the news this morning that are bringing cries of ‘See, we told you so’ from the defenders of the so-called “enhanced interrogation techniques.”

One is from CNS News, which says that the waterboarding of Khalid Sheikh Mohammed yielded information that prevented a terrorist attack on Los Angeles.

The other is from the New York Times, which contains this quote from a memo sent by national intelligence director Admiral Dennis Blair to his staff:

High value information came from interrogations in which those methods were used and provided a deeper understanding of the al Qa’ida organization that was attacking this country.

Those are headlines you are likely to see from those who seek to justify the use of torture. What you aren’t likely to read in those same places is this quote, also from Admiral Blair, also in the NYT article:

The information gained from these techniques was valuable in some instances, but there is no way of knowing whether the same information could have been obtained through other means. The bottom line is these techniques have hurt our image around the world, the damage they have done to our interests far outweighed whatever benefit they gave us and they are not essential to our national security.

So I’ll ask you, should the policy of the United States of America regarding interrogation be ‘whatever it takes?’ Do we adopt the tactics, such as waterboarding, used by Imperial Japan in WWII, tactics which were later prosecuted as war crimes, and which were common in Pol Pot’s Cambodia?

Personally, I’ll side with President Obama, who said this in his remarks to the CIA:

What makes the United States special, and what makes you special, is precisely the fact that we are willing to uphold our values and ideals even when it’s hard — not just when it’s easy; even when we are afraid and under threat — not just when it’s expedient to do so. That’s what makes us different.

One more question. If we sink to the level of Osama bin Laden and his followers who seek to do us harm, haven’t they won?

Prosecute The Torturers

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To prosecute or not to prosecute, that is the question. With the release of the Justice Department memos last week detailing the so-called “enhanced interrogation techniques” (aka torture) used by the CIA, the debate has begun over what to do to those who were involved.

I fully understand the desire of the administration to, as the President said, “look forward and not backward.” We are facing the most serious economic crisis since the Great Depression and the President wants the focus to be on getting our economy back on a solid footing. I get that.

But at the same time I believe that the people responsible for the despicable acts described in those memos need to be held accountable. Not only the people who carried out those acts but those who approved and condoned their use.

The reason being that if we don’t hold them accountable it seems to me we are setting a dangerous precedent for (God forbid) a future administration with a vice-president like the Marquis de Cheney.

A vice-president who would have this to say about waterboarding:

I was aware of the program, certainly, and involved in helping get the process cleared, as the agency in effect came in and wanted to know what they could and couldn’t do. And they talked to me, as well as others, to explain what they wanted to do. And I supported it.

And this:

We proceeded very cautiously; we checked, we had the Justice Department issue the requisite opinions in order to know where the bright lines were that you could not cross. The professionals involved in that program were very, very cautious, very careful, wouldn’t do anything without making certain it was authorized and that it was legal. And any suggestion to the contrary is just wrong.

“Very cautiously” and knowing “where the lines were that you could not cross.” Really? See if you think this sounds cautious and does not cross any lines.

According to the May 30, 2005 Bradbury memo, Khalid Sheikh Mohammed was waterboarded 183 times in March 2003 and Abu Zubaydah was waterboarded 83 times in August 2002″.

That’s 6 times a day, every day for a month for Mohammed. That’s cautious and not crossing lines?

A couple of conclusions with which I agree. First from Donklephant:

The point isn’t whether or not Mohammed is a bad man. There’s no doubt he is. The point is that we can’t allow ourselves to act just as despicable as him. I mean, Bush said they hate our freedoms, right? Well what happens when we compromise our values to mirror theirs? Doesn’t that make us less free?
And this from Emptywheel:
The CIA wants you to believe waterboarding is effective. Yet somehow, it took them 183 applications of the waterboard in a one month period to get what they claimed was cooperation out of KSM.

That doesn’t sound very effective to me.”

So back to the question, to prosecute or not to prosecute?

Despite the possible loss of focus on economic issues, I see the option of not prosecuting having far greater repercussions than that of going forward with prosecution.

GOP: Stop This Insanity Before It’s Too Late

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Somebody in the Republican Party please put an end to this insanity before it’s too late. Let’s look at what has happened since January 20th:

Congresswoman Michele Bachmann from Minnesota has said she wants the people of her state to be “armed and dangerous.”

Former Senator Rick Santorum wrote in an opinion piece in the Philadelphia Enquirer that President Obama “has a deep-seated antipathy toward American values and traditions.”

Former Speaker of the House Newt Gingrich said President Obama is waging a “war against churches” and that “there’s a clear desire to replace the church with a bureaucracy, and to replace people’s right to worship together with a government-dominated system.”

Congressman Spencer Bachus from Alabama said that 17 members of the House of Representatives are “socialists.”

Rick Perry, the governor of the second largest state in the nation, is talking about the possibility of secession.

The Georgia Senate passed a resolution calling for the nullification of the Constitution and disbanding of the United States.

Congressman Mark Kirk from Illinois has suggested that the people of that state “shoot anyone” who proposes to raise their taxes.

Congressman Michael McCaul from Texas is making speeches about tyranny and oppression, citing Thomas Jefferson’s quote that “the tree of liberty will be fed with the blood of tyrants and patriots.”

Add to these the constant drumbeat from talk radio hosts about re-education camps, fascism, totalitarianism, and this administration taking away Constitutional rights.

Granted, probably 99.9% of the people who hear or read these things know it is just blowhard politicians trying to gain votes by appealing to their Republican base.

But what about the other 0.1%? What do they do? Do they get an assault rifle and kill police officers because they think their rights are being taken away? Do they fill a truck with explosives and park it in front of a federal building?

Keep this t-shirt in mind Republicans, before you quote Jefferson:

mcveigh-t-shirt

Anybody know what this is? It’s the shirt that Timothy McVeigh was wearing when he was arrested.

Republican Hypocrisy On Government Spending

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The Republican hypocrisy train rolls on. Today’s two shining examples are Sen. Saxby Chambliss of Georgia and House Minority Leader, Mr. Spray-On Tan himself, John Boehner of Ohio. The subject is whether or not government spending creates jobs.

Here’s what Sen. Chambliss had to say in February about the economic stimulus package:

The majority in Congress has been in runaway mode when it comes to spending taxpayer dollars. This legislation is yet another sign that Washington is more concerned with pet projects than with the welfare of taxpayers.

But when Defense Secretary Gates announced plans last week to end production of the F-22, which just by coincidence is done at a plant in Marietta, GA, Sen. Chambliss changed his opinion of the importance of those so-called “pet projects.”

When it comes to stimulating the economy, there’s no better way to do it than to spend it in the defense community.”

Sen. Chambliss’ fellow Georgian, Rep. Johnny Isakson, another Republican who voted against the stimulus package, added:

I also believe that it is unacceptable that this administration wants to eliminate 2,000 jobs in Marietta and potentially 95,000 jobs nationwide at a time when unemployment rates are rising across the country. Senator Chambliss and I will be taking the case of the F-22 to members of Congress and the Appropriations Committees. The F-22 is vital to 21st century American military superiority.

I thought part of the Republican mantra was that government spending didn’t create jobs? I guess that only holds true when the spending is done in someone else’s home state or district.

Now to Congressman Boehner, who said this in January:

When it comes to slow-moving government spending programs, it’s clear that it doesn’t create the jobs or preserve the jobs that need to happen.”

With the possible exception of when defense contractor BAE was awarded a $71, 546, 085 no-bid contract for one of it’s subsidiaries in Fairfield, Ohio to build doors for armored vehicles.

Can we assume that no jobs were created in your district because of that contract, Congressman Boehner? Kinda doubt it.

Tell you what I’m gonna do, Republicans. I offer my services, for a reasonable fee of course, as a researcher for you guys to stop you from opening your yap and making such fools of yourselves. I feel it’s my patriotic duty.

Who’s In Charge Here, Washington or Wall Street?

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There are both encouraging and discouraging signs today in the battle over who’s in charge, Wall Street or Washington. First the good news. Finally, somebody in D.C. gets it.

Elizabeth Warren, chief watchdog of America’s $700 billion bank bailout plan, will this week call for the removal of top executives from Citigroup, AIG and other institutions that have received government funds in a damning report that will question the administration’s approach to saving the financial system from collapse.

She declined to give more detail but confirmed that she would refer to insurance group AIG, which has received $173 billion in bailout money, and banking giant Citigroup, which has had $45 billion in funds and more than $316 billion of loan guarantees.”

With one simple sentence Warren summed up what, in my opinion, should be the consensus among those in the Obama administration.

The very notion that anyone would infuse money into a financially troubled entity without demanding changes in management is preposterous.

That’s the good news, now for the bad. There are some “administration officials”( I smell Larry Summers) who are busy looking for loopholes in congressional restrictions placed on financial institutions who receive bailout money.

The Obama administration is engineering its new bailout initiatives in a way that it believes will allow firms benefitting from the programs to avoid restrictions imposed by Congress, including limits on lavish executive pay, according to government officials.

Administration officials have concluded that this approach is vital for persuading firms to participate in programs funded by the $700 billion financial rescue package.”

“Persuading”, aka bribing.

The administration believes it can sidestep the rules because, in many cases, it has decided not to provide federal aid directly to financial companies, the sources said. Instead, the government has set up special entities that act as middlemen, channeling the bailout funds to the firms and, via this two-step process, stripping away the requirement that the restrictions be imposed, according to officials.

“Special entities” acting as “middlemen”, aka money launderers.

Speaking of limiting executive pay, Rep. Alan Grayson’s Pay for Performance Act, which does exactly that, passed the House 247-171, with 10 Republicans voting yes.

But there’s rain on that parade, too. Rep. Melissa Bean of Illinois, one of the so-called Blue Dog Democrats, sponsored an amendment which would “allow institutions that enter into a payment schedule with Treasury on terms set by Treasury to no longer be subject to the bonus and compensation restrictions created by the Act.

It passed 228-198 with the support of 63 Democrats, most of whom also voted for Grayson’s bill. Go figure.

GOP Budget Released On April 1st, But It’s No Joke

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As I read the reviews around the blogosphere this morning of the latest work of science fiction known as the Republican alternative budget there seems to be 2 recurring themes. Questioning the sanity of the authors of that document, and a reference to the date on which it was released—April 1st.

Josh Marshall of TPM:
I realize that it doesn’t afford me a lot of opportunities for personal or spiritual growth. But I’m nonetheless comforted by the fact that the Republicans running things in the House GOP caucus are still as clinically insane as in years past.”

Steve Benen at Washington Monthly:
It’s one thing to offer bad ideas. It’s another to offer bad ideas without doing your homework. But House GOP lawmakers are offering proposals that are just insane. Reading through the party’s new report one notices that we’d get just as serious a proposal from a group of children with crayons.”

Ron Beasley at Newshoggers:
The Republican leadership was selected for a lack of independent thought and the ability to blindly follow the leader.  There is no leader and they are unable to come up with any new ideas.  They can’t even do sane politics.

Kenneth Baer, OMB communications director:
“If you expected a GOP alternative to the failed policies of the past that got our country into the worst economic crisis since the Great Depression, then I have two words for you: April Fool’s.

Bob Cesca at Huffington Post:
It only makes sense that a party currently being wagged by fringe crazy people like Glenn Beck, Rush Limbaugh and Michele Bachmann would release it’s alternative budget on April Fool’s Day.

Here are just a few details that might help explain this reaction.

First, the massive tax cut reducing the top marginal rate from 35% to 25% and the explosion in the deficit that would cause. But here’s the rest of the story. The revenue predictions in this so-called budget are based on a top rate of 35%. So Republicans are assuming that wealthy people will choose the higher rate over the lower one.

The proposed 5 year freeze on non-defense discretionary spending. This means trivial things like education, health care, infrastructure, law enforcement, and medical research. All things we can do without, right?

The proposed privatization of Medicare.

This is an idea that’s been kicking around in conservative circles for some time, and it’s an expensive one. Well, it’s expensive unless you’re an insurance company, in which case it’s extremely lucrative. The goal is to phase out Medicare over time by providing new seniors with the same health insurance options available under the Federal Employees Health Benefits Program.

And last but not least there is this chart which presumes to track Democratic and Republican budget policy for the next 70 years.

budget-graph

Seventy year projections from the same people who didn’t see this recession coming. Now tell me the one about Goldilocks and the bears.

The Financial Industry-Congressional Complex

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In his farewell address to the nation on January 17, 1961 President Eisenhower warned the country to be vigilant about the relationship between the government, the armed forces, and the industries and commercial interests they support–what he called the “military-industrial complex.”

Eisenhower spoke of what he called the “grave implications” of allowing the power and influence of that triad to get out of control:

Our toil, resources and livelihood are all involved; so is the very structure of our society. In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.”

 

I would submit to you that if the words “financial industry” and “congressional” are substituted for “military-industrial” that is exactly what we have seen take place over the last decade and has led to our current economic situation.

We have the financial services industry and all it’s associated tentacles, Wall Street for short, motivated by greed, aided and abetted by policy makers in Washington, D.C. driven by their lust for campaign contributions and power, who have, in either their shortsightedness or outright corruption, sold us all out.

Speaking of sold out, here is an article in Wall Street Watch which summarizes a 231-page report by Essential Information and the Consumer Education Foundation with those words in the title.

 “The report, “Sold Out: How Wall Street and Washington Betrayed America,” shows that, from 1998-2008, Wall Street investment firms, commercial banks, hedge funds, real estate companies and insurance conglomerates made $1.725 billion in political contributions and spent another $3.4 billion on lobbyists, a financial juggernaut aimed at undercutting federal regulation.

 

Nearly 3,000 officially registered federal lobbyists worked for the industry in 2007 alone. The report documents a dozen distinct deregulatory moves that, together, led to the financial meltdown.

These include prohibitions on regulating financial derivatives; the repeal of regulatory barriers between commercial banks and investment banks; a voluntary regulation scheme for big investment banks; and federal refusal to act to stop predatory subprime lending.”

Here are some of the deregulatory steps taken between 1998 and 2008:

* In 1999, Congress repealed the Glass-Steagall Act, which had prohibited the merger of commercial banking and investment banking.

* Regulatory rules permitted off-balance sheet accounting — tricks that enabled banks to hide their liabilities.

* The Clinton administration blocked the Commodity Futures Trading Commission from regulating financial derivatives — which became the basis for massive speculation.

* Congress in 2000 prohibited regulation of financial derivatives when it passed the Commodity Futures Modernization Act.

* The Securities and Exchange Commission in 2004 adopted a voluntary regulation scheme for investment banks that enabled them to incur much higher levels of debt.

* Rules adopted by global regulators at the behest of the financial industry would enable commercial banks to determine their own capital reserve requirements, based on their internal “risk-assessment models.”

* Fannie Mae and Freddie Mac expanded beyond their traditional scope of business and entered the subprime market, ultimately costing taxpayers hundreds of billions of dollars.

* The abandonment of antitrust and related regulatory principles enabled the creation of too-big-to-fail megabanks, which engaged in much riskier practices than smaller banks.

* Beset by conflicts of interest, private credit rating companies incorrectly assessed the quality of mortgage-backed securities; a 2006 law handcuffed the SEC from properly regulating the firms.

Not so coincidentally, during the same period, 1998-2008:

* Commercial banks spent more than $154 million on campaign contributions, while investing $363 million in officially registered lobbying:

* Accounting firms spent $68 million on campaign contributions and $115 million on lobbying;

* Insurance companies donated more than $218 million and spent more than $1.1 billion on lobbying;

* Securities firms invested more than $504 million in campaign contributions, and an additional $576 million in lobbying. Included in this total: private equity firms contributed $56 million to federal candidates and spent $33 million on lobbying; and hedge funds spent $32 million on campaign contributions (about half in the 2008 election cycle).

And before any finger-pointing begins, Wall Street doesn’t care about party, they are willing to purchase whoever is in power at the time. .

“The betrayal was bipartisan: about 55 percent of the political donations went to Republicans and 45 percent to Democrats, primarily reflecting the balance of power over the decade. Democrats took just more than half of the financial sector’s 2008 election cycle contributions.

The financial sector buttressed its political strength by placing Wall Street expatriates in top regulatory positions, including the post of Treasury Secretary held by two former Goldman Sachs chairs, Robert Rubin and Henry Paulson.

These companies drew heavily from government in choosing their lobbyists. Surveying 20 leading financial firms, “Sold Out” finds 142 of the lobbyists they employed from 1998-2008 were previously high-ranking officials or employees in the Executive Branch or Congress.”

 

In a 3 word summation ladies and gentlemen of the jury, we’ve been had.