Thursday, December 29, 2005

WaPo's Dana Priest still getting the goods on Bushlings and the CIA

Here's another whopper of a tale about the ever-expanding CIA counter-terrorism intelligence efforts.

Enough CIA and other operatives feel bad enough about the dubious legal nature of these activities that they keep spilling the beans to Dana Priest.

We have to keep a drumbeat going that Congress can't ignore. It must exert oversight.

UK (surprise!) is complicit in torture renditions

Here are some courageous Brits ready to stand up against Britain's more Draconian anti-leak laws to keep a torture/rendition story alive for all of us -- and the world -- to see. Kos is keeping it alive too.

Not a pretty story but quite fitting with the times. We've got to keep the pressure up on this stuff, on both sides of the pond.

Bush cut down to size

The most interesting thing about this WaPo dissection is how it reveals Bush to be what he is: a petty, weak man used by others to write their political dream stories. What's left -- since Bush as president could actually make decisions -- is a legacy of war and tax cuts leaving the U.S. with little to pay for it. Grover Norquist would be proud, but few else. After all, Grover is the great destroyer of federal governments. He's nearing his goal.

Most quotable line: "Peter D. Feaver, a Duke University specialist on wartime public opinion who now works at the White House, helped draft a 35-page public plan for victory in Iraq, a paper principally designed to prove that Bush had one."

Talking about a Bushling legacy, we can pretty much be certain that much of what remains of the 2nd term will be mired in scandal. Former Republican Congressman and arch-conservative Bob Barr -- famously a member of the House Judiciary Committee that reported out impeachment charges against and oversaw the prosecution of Bill Clinton -- opines that Bush is caught in the same trap of either lying, which can't solve his problems, or telling the truth, which will only deepen them.

The comparison to Clinton is only valid in the depth of the troubles, not the seriousness of them.

Daily Dose of Abramoff

The prosecutors in the Abramoff cases are amping up the pressure to get Abramoff to roll over before his January trial in Florida. The WaPo has a story of his rise and fall that makes pretty interesting reading. I liked the line, "This could be the Enron of lobbying." I'd hate to think what is if this isn't.

Wednesday, December 28, 2005

We spy on the U.N. Word is that's nothing new...

...but it doesn't make it right. Raw Story has the report of how we expanded our surveillance of U.N. Security Council members as the vote for a resolution recommending war in Iraq approached in early 2003. If you recall, the Bushlings cancelled the vote when it was obvious that we couldn't win it, especially because of the defection of Mexico and W.'s great friend Vicente Fox.

The report makes interesting reading. I don't know how much of this is new, but in light of the recent NSA stories, another example of the misuse of the NSA points out an agency out of control and an administration willing to work outside of both the law and international protocols and customs. It's no wonder our allies continue to hold us in distain.

Add to the mix that the CIA is investigating its own "mistaken" renditions. Rumfeld once famously said something to the effect that "war isn't pretty," but do we have to make our movie script so completely sordid? Are we bungling, ruthless Romanians? Apparently. (Sorry, Romania. Just using an old cold war image.)

Part of my concern with this New Normal so basely crafted by the Bushlings is the amount of work needed over time by future administrations to repair the damage to our international reputation and standing. I've had readers, who may have been international, point out that America's standing has been pretty debased, going all the way back to the Vietnam War. I, however, like to point out that Carter raised our human rights credentials, Reagan, to his credit, strengthened ties to Europe, and Bush 41 may have strengthened for a time our ties to Arab countries such as Saudi Arabia, Jordan, Egypt, Morroco, et al. Clinton worked well with Europe, however haltingly at first, over Bosnia and Kosovo. We've always had up-and-down relations with the U.N., but we've maintained an ongoing involvement and discourse with the body and never worked openly to undermine it until John Bolton, in spite of the Jesse Helms faction that worked against it in past years.

Now we're approaching a total breakdown of our international image on all levels. Our domestic spying scandal only perpetrates the breakdown. Add increased surveillance of U.N. members in New York, who are supposed to have diplomatic freedoms, and you have us increasingly viewed as a rogue nation.

This is nothing new, I agree, but more indiscretions add up to more diminishment. When will this ugly trend stop?

Tuesday, December 27, 2005

The truth about Rove is: Avoid the truth

Here's a message to the Bushling message machine: The press may want to control the message now that it's found a little courage. How long can our "free" press stand up to the withering assault?

We don't know. WaPo's Eugene Robinson thinks there's a line that shouldn't be crossed by Bush. I can't tell if he thinks Bush can be stopped.

A WaPo editorial speaks to the Bushling habit of lying about greenhouse gases and efforts to lowering them. Just like the WMD claims, the Bushlings have rarely relied on the truth.

Since the truth hasn't worked in Iraq, the Pentagon works to alter that, too. It's called Information Operations. Used to be called propaganda.

If you see a pattern, find a way to counter it. Letters to editors, anyone?

Besides mastering the craft of taking the 35% who would follow any Christian conservative to the gates of hell, Rove discovered you can capture the other required 16% by a constant assault on the truth.

That's the New Normal in action. Let's forge an alternative theory of the politcal universe and create and sustain a healthier Normal where the truth means something again and the 35% of the nation who are poised at the gates of hell might stay there, marginalized as they ought to be.

BTW, I always meant to introduce my theory of the 35% earlier, but I'll flesh it out in another post.

Saturday, December 24, 2005

Whose chestnuts are roasting on an open fire?

It's Christmas eve, just thought I'd add some Christmas cheer.

Seriously, folks, while it should be the president who's feeling the heat, the real damage here will, as usual, be to those around him. After all, he's the great destroyer of reputations.

Now, people around the National Security Agency believe the agency may bear the brunt of the damage, after spending three decades coming out from under the shadow of Watergate.

Speaking of reputations, when is John Yoo going to get his comeupance? He's now a law professor at a distinguished university -- Berkeley -- and all this after a career of writing dangerous and most likely entirely erroneous opinions encouraging torture and spying on U.S. citizens.

If anybody's chestnuts deserve roasting, it's his.

Speaking of lawyers and erroneous opinions, does it occur to anyone that the reason for Samuel Alito's nomination for SCOTUS is because he favored immunity for lawsuits and by extension criminal prosecution for violations of law by members of the executive branch.

Just as Cheney was fighting the torture ban by the Congress not so much because he loves to torture but because the administration had allowed so much of it based on dubious legal opinions and thus may be liable for legal action.

No harm nominating someone to the Court who might later rule the bad guys off the hook. Small side-note: Alito's opinion didn't stand up a year later when the Supreme Court ruled in 1985 that an Attorney General indeed can be sued for illegal wiretaps. Alito on SCOTUS = a more secure future for Gonzales, Yoo, Ashcroft, et al.

Makes sense to me. Oh, don't forget to reference John Yoo's handiwork here.

Okay, it really is everybody getting spied on

According to the NY Times:

"The volume of information harvested from telecommunication data and voice networks, without court-approved warrants, is much larger than the White House has acknowledged, the officials said. It was collected by tapping directly into some of the American telecommunication system's main arteries, they said.

"As part of the program approved by President Bush for domestic surveillance without warrants, the N.S.A. has gained the cooperation of American telecommunications companies to obtain backdoor access to streams of domestic and international communications, the officials said."

Last Monday I blogged:

I've just discovered a web page from EPIC (Electronic Privacy Information Center) that covers its concerns about TIA, along with history and links to documents. Although the Congress did its best to stop the development of new technologies for data-mining, there are reasons to believe that these efforts were not wholy curtailed.


Everyday there will be something new. I wonder when Joe Citizen is going to have had enough?

Friday, December 23, 2005

You didn't think it was everybody that was being spied on??

In previous posts I pointed out that something like Total Information Awareness, the supposedly killed-by-Congress ultimate data collector, was really behind the NSA warrantless wiretaps. Now the true story everyone should have anticipated comes out, that every international phone call and email by every U.S. citizen is likely being intercepted.

It's no wonder the Bushlings didn't go to court for warrants. They knew they'd be turned down if what they wanted was permission to watch everyone all the time. How do you write a warrant for that?

I'm not paranoid. I'm aghast. So should we all be. Especially because this ain't the whole story neither, not by a long shot. It is Bush's long, bad movie.

Update
: Now it's Muslims being surveilled for radiation in the U.S., with agents going onto premises without search warrants. Who cares, after all they're not Christians.

Daschle gives Bush a war powers smack down

George W. Bush has maintained -- and so has his Justice Dept., from Alberto Gonzales to the much-heralded John Yoo -- that the Afghanistan Use of Military Force resolution gave the president the power to do practically anything. I think the term that has been used is "plenary," which means complete, total.

Tom Daschle was there for the negotiations and Congress had apparently turned Bush down flat on the war powers he requested "in the United States."

Jeez, W.'s cred is pretty threadbare about now. Let's see what Mehlman can make of this.

Late Update: Daschle's WaPo Op-Ed:
"Power We Didn't Grant."

Thursday, December 22, 2005

Bush NSA wiretapping scandal is not a liberal issue

It's an American issue. Here are a number of conservative opinions that do not support the Bushling view of unfettered presidental power:

The Wall Street Journal.

George Will.

Former Republican Congressman Bob Barr.

Pennsylvania Senator Arlen Specter.

Former Nixon aide John Dean.

I'll look for more conservative voices against presidental abuse of power, and I'll find them. In the meantime, Americans should remember: This is not a partisan issue. If more liberals than conservatives wish to stand up for constitutional protections, then this is an example of why "liberal" is a good and valued word.

Wednesday, December 21, 2005

WaPo: one moment in time

Here's a shot at the links right now on the front page of WaPo, online version:

File the Bin Laden Phone Leak Under 'Urban Myths'

Senate Moves to Extend Patriot Act for 6 Months


PRELUDE TO DISASTER : The Making of DHS
Undermined From the Start
The Department of Homeland Security is a story of bureaucratic warfare and unfulfilled promises


Judge Questions Spy Program
Presiding judge that oversees government surveillance in espionage and terrorism cases will hold meeting to address domestic spying concerns.


Court Rejects Padilla's Transfer
Bush administration strongly rebuked in handling of the high-profile terrorism case.


Senate Blocks Bid to Allow Arctic Oil Drilling

Boosting Democracy, Inadvertently
Jim Hoagland -- Except for Iraq's elections and its constitutional referendum, this has been a lost year for Bush. The president flailed, stumbled or simply disappeared when the going got tough at home.


Unanswer Man
Scott McClellan Is the President's Spokesman, Which Doesn't Leave Him Much to Say


2:20AM Thursday, Dec. 22, 2005, not a great moment in time for the Bushlings.

NYO's Joe Conason nails it -- and breathes the "I" word -- with authority

Joe Conason, also of salon.com, frames the impeachment argument quite well, not as a gun drawn hastily by leftie bloggers and an overly partisan minority party and pointed at the head of a wartime president but rather as a necessity for the ages of our republic to come -- if Bush will not back down from the precipice to which he's driven the nation.

Quotable, which he draws from former Reagan aide Bruce Fein:

“If President Bush is totally unapologetic and says, ‘I continue to maintain that as a wartime President I can do anything I want—I don’t need to consult any other branches,’ that is an impeachable offense. It’s more dangerous than Clinton’s lying under oath, because it jeopardizes our democratic dispensation and civil liberties for the ages. It would set a precedent that … would lie around like a loaded gun, able to be used indefinitely for any future occupant.”

Remember former Nixon aide John Dean is on record via, so far, a Sen. Barbara Boxer letter previously quoted here, to wit:

"Mr. Dean, who was President Nixon's counsel at the time of Watergate, said that President Bush is "the first President to admit to an impeachable offense." Today, Mr. Dean confirmed his statement.

"This startling assertion by Mr. Dean is especially poignant because he experienced first hand the executive abuse of power and a presidential scandal arising from the surveillance of American citizens."

This is not a liberal issue alone. It is an American issue, and that of great significance.

Anne Applebaum nails it -- not Posner

Two Op-Eds in the WaPo, one by a mere commentator and another by a federal judge I just blogged about.

Check them out. I think you'll find Applebaum says "Rule of law means rule of law," and Posner says "No wonder Bush skirted the law, the law wasn't working."

Who would you want if you were on trial?

We're in deep trouble, America

Judge Richard Posner of the 7th Circuit has just published an Op-Ed piece in the WaPo that couches Bush's illegal acts in euphemisms while recommending changes in national security surveillance laws.

Marty Lederman in Balkinization rightly points out the flaws in this presentation: Your Honor, the laws on the books are not sufficient for my client's purposes. Until they're fixed, let's just give him a pass, 'kay? Thanks.

This kind of debate is fiddling while Rome burns.

Congress complicit in spy scandal?

This interesting WaPo in-house blog/column points out that, yeah, Bush is out of control -- read too in control -- on the NSA spying but that the Bushlings need a complicit Congress to pull this off.

Now, of course, we've got a complicit Paper of No Record, too. And that must have made the Bushlings happy -- until now.

Maybe what's changed is this "open season" mentality, that Bush is weak so let's move in for the kill. After all, he's been squeezing Congress and the press for years. Now it's our turn, they say.

Maybe.

Daily Dose of Abramoff with cherry on top

MSNBC's got a more expansive take of Jack spilling his guts.

NY Times ran NSA story so book wouldn't trump the paper

The best I can come up with from the New York Observer is that the Times finally ran the story to prevent getting trumped by its own reporter's pending book.

It's another in a sorry string of disasters for the Paper of No Record that it sat on the story through the 2004 election. I'm going to guess though, that the swiftboating of Dan Rather and his Texas Air National Guard memo story might have had the chilling result intended where other news outlets were concerned.

Maybe this angle will come out and get explored. Still, the bottom line is that we can't count on the NYT and haven't been able to for a growing length of time. Bill Keller's future is probably in doubt, or should be.

Tuesday, December 20, 2005

FISA court judge quits...

...and the message is: Bush is violating the law. Otherwise, what?

Oh yeah, NSA wiretaps, ooops!!, snared domestic calls, too. Other shoe, and other shoe and...

...both sides of the aisle are mad.

Daily Double Dose of Abramoff

Ouch! for Congress: Jack Abramoff is getting ready to roll over, according to the NYT.

Catching up on related stories of disnormal behavior, conservative commentator Peter Ferrara has been booted from two papers, conservative ones at that, for taking cash from Jack Abramoff to write op-ed pieces favorable to his clients. More cash-for-conscience journalism. Yup.

This is on the heels of another Abramoff cash-for-cuddly-op-eds set piece featuring Cato Institute conservative think-tanker Doug Bandow, who has also been disinvited from publishing op-ed articles in the future. Bandow has resigned from Cato as welll. Yup.

Still catching up: Abramoff's SunCruz partner Adam Kidan pled guilty to fraud and wire fraud last week. This continues to play out badly for Abramoff. Lots of Repbulicans are hiring lawyers as we speak.

If they need money, Tom DeLay could spot them a few bucks. Apparently while swept up in th Abramoff affair he's made off with booty galore.

Update: Tom Giovanetti, president of the Institute for Policy Innovation posted a comment objecting to the pedigree of the press Peter Ferrara has gotten. Read his comments and his statement on the www.ipi.org site. Also, read Peter Ferrara's statement, as well. The two statement links are on the upper right of the home page.

The drum beat goes on: Oust Bush...

...and while we're at it, knock down the NYT a bit. Here's a staggering line-up of breaking news and revelations:

Raw Story gets to break the House Judiciary Committee Democrats' report on Bush's run-up to the war.

DailyKos finds examples galore of the ongoing misinformation campaign. Here's a choice one from Bush. I guess lying to the American people is part of the president's secret powers.

The New York Times sat on the spying story since before the election. Now the Paper of Record is the Paper of No Record. For shame.

Josh Marshall has a link to a Defense Tech blog that builds on the growing theory that some super, new software technology is behind the NSA story. I've been saying so.

BTW, here's a direct link to Rep. John Conyers' brave initiative to censure Bush and the complete report that buttresses the argument.

Key victory against the New Normal

Finally, some good news. The judge in the Dover, PA "intelligent design" case rules that teaching ID is unconstitutional.

Who would have thought a judge these days would insist that science be taught in science class?

Key bloggers catching onto the TIA scenario

Josh Marshall blogs over at TPM that some technology is at the root of the NSA story.

This is what I've been saying.

Josh links to a Kevin Drum post at Political Animal that puts a lot of what underpins the possible scenario together.

Again, this is what I've been saying, only Drum takes a look at Echelon, an angle I hadn't considered:

"Lots of people have suggested that the NSA program has something to do with Echelon, a massive project that vacuums up communications of all kinds from all over the globe. The problem is that Echelon has been around for a long time and no one has ever complained about it before — so whatever this new program is, it's something more than vanilla Echelon. What's more, it's something disturbing enough that a few weeks after 9/11 the administration apparently felt that even Republicans in Congress wouldn't approve of it. What kind of program is so intrusive that even Republicans, even with 9/11 still freshly in mind, wouldn't have supported it?"

This is where I'd like to suggest that the new technology, inspired by the Total Information Awareness project at DARPA and possibly carried out there or at other places in the Pentagon, NSA, wherever, in the area of data mining of all U.S. citizens' (and possibly European allies' or more) personal information, which is then put into a keyword-searchable database that is the source of the "detections" Bush and his people keep saying they're doing, as opposed to "monitoring."

It's my theory that the Bushlings believe that the FISA court would not approve of the use of this technology because it intrudes too much on citizens' privacy. It might approve of "monitoring" communications where a warrant can actually be created with the constitutional requirement in the 4th Amendment: "particularly describing the place to be searched, and the persons or things to be seized." The new technology intrudes without meeting the 4th Amendment requirement until too far into the "detection" process.

This is why the administration bypassed the FISA court: It knew it would be knocked down. So, as many people might suggest, it broke the law to achieve its ends.

Again, I refer readers to the GAO report that looks at these data mining efforts underway in spite of the supposed shutting down of DARPA's TIA.

Monday, December 19, 2005

The FBI enters the fray

First, the Pentagon carries on extraordinary surveillance of U.S. citizens.

Next, we learn of the NSA warrantless wiretaps and email intercepts.

Now, another agency, the FBI, is tarnished by the Bushling overzealousness. Here is WaPo's take.

A rationale will be offered by the Bushling supporters: It's wartime, and in wartime excesses are bound to happen. The problem is that the chief excuse, the War in Iraq, is one of the excesses. It was never a rightful part of a coherent defense of the country against extremist attacks. It was the first mistake, not the justification for all the rest.

There will be no end to the mounting disgrace because the Bush administration never had any notion of restraint, goaded on by Cheney, Rumsfeld and the neocons. Bush, never bright, never had a chance and was all too willing to mistake power for wisdom.

For a while, we'll have to watch the gathering evidence. Then, with any luck, a Republican Congress and weakened courts will step in.

It may only be a matter of time. Either the New Normal wins, or the country wins. We'll see.

Late updates: The NYT Editorial Board has already weighed in with the aptly titled The Fog of False Choices. The Washington Post opines in a wimpier critique, and George Will is wimpier still, though at least questioning, and that a conservative is questioning Bush might almost amount to if not a revolution then at least a blip. Oh, and Jonathan Alter rips Bush a new legal one in Newsweek.

Members of Congress beginning to say the "I" word

Senator Barbara Boxer becomes the first member of Congress to indicate that impeachment may be warranted in the NSA wiretap case.

Sen. Boxer wrote this letter to four constitutional scholars:

On December 16, along with the rest of America, I learned that President Bush authorized the National Security Agency to spy on Americans without getting a warrant from a judge. President Bush underscored his support for this action in his press conference today.

On Sunday, December 18, former White House Counsel John Dean and I participated in a public discussion that covered many issues, including this surveillance. Mr. Dean, who was President Nixon’s counsel at the time of Watergate, said that President Bush is “the first President to admit to an impeachable offense.” Today, Mr. Dean confirmed his statement.

This startling assertion by Mr. Dean is especially poignant because he experienced first hand the executive abuse of power and a presidential scandal arising from the surveillance of American citizens.

Given your constitutional expertise, particularly in the area of presidential impeachment, I am writing to ask for your comments and thoughts on Mr. Dean’s statement.

Unchecked surveillance of American citizens is troubling to both me and many of my constituents. I would appreciate your thoughts on this matter as soon as possible.

Sincerely,
Barbara Boxer
United States Senator

Raw Story, which also ran the text of the letter, reported that Rep. John Lewis (D-GA) may have called for Bush's impeachment even earlier. Here's his statement on the matter.

Here are Sen. Boxer's complete comments.

I will continue to search for John Dean's comments.

The next big secret to be outed?

A couple of days back we speculated about what new, formerly secret Bush-administration horror might come out. I speculated about death squads. Some may have thought that a bit dramatic. For those who thought so I offer a less freaky, albeit still chilling alternative: Total Information Awareness never really died. Its technology is actually at the center of the NSA wiretapping scandal, and that's the real reason why the Bushlings wouldn't go to the FISA court.

I missed it the first time I read it, but Sen. Jay Rockefeller's letter refers to "John Poindexter's TIA" and also to not being a "technician or an attorney" but nonetheless speaks of being very troubled by what he heard in his one briefing back on July 17, 2003.

For those who have forgotten, Total Information Awareness was a DARPA (Defense Advanced Research Projects Agency, the same agency that created the fledgling Internet back in the sixties) initiative headed by John Poindexter, who had been brought in to the Pentagon strictly for this assignment. Poindexter, you may remember, has a shady past in that he was indicted and convicted for his role in the Iran-Contra affair, so he may be genetically aligned with extralegal enterprises.

The initiative was so alarming that former House Majority Leader Dick Armey (Rep-TX), a staunch conservative, dubbed it "a real menace to our privacy" and called for its immediate dismantling.

As the Armey memo points out, TIA was to be a program "to aggregate a massive amount of personal information into a central, government controlled database for military, intelligence, and law enforcement use." Under severe pressure from the time its existence became known, TIA was thought to have been abandoned.

Here's what cartoonist Bill Mitchell thought about TIA. Courtesy CNN, Nov.21, 2002.

A Reuters story from Jan. 23, 2003 shows that the Senate tried to block funding over concerns about both the potential for abuse and John Poindexter's reputation. This document shows the Congress succeeded on Sept. 24, 2003.

I've just discovered a web page from EPIC (Electronic Privacy Information Center) that covers its concerns about TIA, along with history and links to documents. Although the Congress did its best to stop the development of new technologies for data-mining, there are reasons to believe that these efforts were not wholy curtailed.

All this leads me to believe that we've got more to fear from the increasingly Orwellian Bushlings.

(Hat tips to TPM and DailyKos.)

The legal blogs weigh in

Ann Althouse seems to think this is a conflict between the Congress and the Presidency that need not be sorted out by the courts. She asserts that "Congress can decide if it stands in opposition to intercepting these phone calls without a warrant."

I can't possibly agree. Congress has spoken, in 1978 with FISA. Only the courts can settle whether the executive branch has violated that law.

How can Congress even be relied upon to decide a question when Congress itself is a political body?

No, this is for the courts to decide.

I'm much more impressed by Stephen Baibridge's post at ProfessorBainbridge.com. Most quotable:

"Coercive interrogations. A gulag of secret prisons. And now warrantless surveillance. We're supposed to be better than this."

"Of the Founders who pledged "their lives, their fortunes and their sacred honor" as signers to the Declaration of Independence, five were captured as traitors and tortured before they died; twelve had their homes ransacked and burned; two lost their sons in the Revolutionary War; another had two sons captured; and nine died from wounds or the hardship of the war. But too many want to trade their sacrifices away for a mess of security pottage.

"It's enough to make me think about making a Christmas donation to the ACLU."

I will if you will, Professor Bainbridge. In fact, I'm doing it right now at the ACLU website. I invite others to do so.

Just learned: Professor Orin Kerr weighed in on the legality of the NSA warrantless wiretaps on the Volokh Conspiracy. He seems to think that Bush's legal arguments are constitutionally valid but probably not justifiable under the Authorization to Use Miltary Force and, more importantly, likely illegal under FISA. The argument is sound, although I have trouble with the way he got past the Fourth Amendment using border searches. Still, it's got intellectual honesty going for it.

Glenn Reynolds of Instapundit passes off to the aforementioned Orin Kerr but does provide a good link to a post by Marty Lederman on Balkinization that stresses Sen. Feingold's earlier point that Bush's claim during this morning's press conference that he has authority to do pretty much anything is absurd on its face when made in concert with his vilification of senators who filibustered the Patriot Act reauthorization. If he has the power to do pretty much anything as president, then why he does he need the Patriot Act at all?

Lederman follows up craftily with a deconstruction of AG Gonzales' argument in his press conference. Pretty peppery stuff.

So far, in the case of Bush v. Law, it looks like law is winning. Now, who's going to confront Bush? Somebody must.

This is the New Normal: The genie is out of the bottle

The Bushlings will unleash a monster that may be difficult to stop. The Pentagon is meant to serve the foreign policy needs of the United States. Soon it may be serving us up to ourselves.

We've all be watching the unfolding of the secret campaigns the Bushlings have instigated, whether it's the Pentagon spying on innocent antiwar activists, such as Quakers in Florida, or the extralegal NSA wiretapping of citizens under the dubious rubric of "executive authority."

Now here comes word via WaPo's Walter Pincus of the spiraling Pentagon counterterrorism agency, which introduces how many military spies into the landscape of America? We likely cannot know.

I've speculated that the worst is yet to come. It's probably not. It's already here. The worst is yet to be uncovered, that's all.

Got to admit it, he's got grit

Here's what W. said in his press conference:

"A [sic] open debate about law would say to the enemy, "Here's what we're going to do."

Hear it for yourselves.

If I understand the president, he just said that we can't openly discuss the legality of his domestic spying program without giving aid and comfort to the enemy. Therefore, as is his usual justification, fear trumps law.

What he may not realize is that stating that it's dangerous to openly debate the legality of his actions implies that he realizes reasonable men might conclude his logic is debatable--that is, he's breaking the law, and he knows it.

Another interesting excerpt:

"These calls are not intercepted within the country, they are from outside the country to in the country or vice versa. So in other words, this is not, so if your calling from Houston to LA, that call is not monitored."

Excuse me, but did he just slip in vice versa, as in calls originating in the U.S. by U.S. citizens, as in intercepted within this country? Yes. Does he think we're that stupid? As a matter of fact, he's counting on it.

Again, listen to the excerpt.

This is the Bushlings' Iraq policy in a nutshell


Courtesy TWN and The Australian.

Bush to World: I can do anything...

...but Sen. Russ Feingold knocks that down forcefully and correctly.

Question: Will the Republican Congress let this president violate the law?

Answer: Time will tell, but expect the worst. If there's hope it's in Sen. Arlen Specter of Pennsylvania, chairman of the Senate Judiciary Committee. The Bushlings are trying to prevent his committee from looking into this by claiming the rightful investigatory bodies are the intelligence committees chaired by Pat Roberts from Kansas in the Senate and Pete Hoekstra from Michigan in the House. They can't be counted on to go against the WH. Specter can, here's hoping.

Sunday, December 18, 2005

Spies like us: Who needs enemies?

The National Security Agency began to spy on Americans, illegally, before Bush authorized it.

America has completely lost its way.

Saturday, December 17, 2005

Real blowback against Bush's violations of the law

The New York Times, whose complicity in the illegal NSA wiretaps clouds the validity of its position, at least steps up strongly will an editorial with real teeth in it. Quotables:

"Americans expected some reasonable and carefully measured trade-offs between security and civil liberties. They trusted their elected leaders to follow long-established democratic and legal principles and to make any changes in the light of day. But President Bush had other ideas. He secretly and recklessly expanded the government's powers in dangerous and unnecessary ways that eroded civil liberties and may also have violated the law."

"This White House has cried wolf so many times on the urgency of national security threats that it has lost all credibility. But we have learned the hard way that Mr. Bush's team cannot be trusted to find the boundaries of the law, much less respect them."

The Washington Post editorial on Bush's spying is very nearly as unambiguous:

"The tools of foreign intelligence are not consistent with a democratic society. Americans interact with their own government through the enforcement of law. And in those limited instances in which Americans become intelligence targets, FISA exists to make sure that the agencies are not targeting people for improper reasons but have sufficient evidence that Americans are actually operating as foreign agents. Warrantless intelligence surveillance by an executive branch unaccountable to any judicial officer -- and apparently on a large scale -- is gravely dangerous."

"Still, FISA has been the law of the land for 2 1/2 decades. To disrupt it so fundamentally, in total secret and without seeking legislative authorization, shows a profound disregard for Congress and the laws it passes."

Also in the Washington Post are two articles that question Bush's abuse of wartime powers and another challenging Congress to take action against Bush's fumbles on the constitutional rights of citizens.

Update: Now papers across the nation weigh in and it's not good for Bush:
Kansas City Star, Denver Post, LA Times, Pittsburgh Post-Gazette, St. Petersburg Times.

Civil rights under assault like at no other time I can recall

The Pentagon is spying on antiwar activists.

A UMass Dartmouth student gets visited by agents because he requested "Quotations from Chairman Mao" at his library for use on a paper about fascism and totalitarianism.

Of course, we've got the huge National Security Agency wiretaps on international calls and emails, without warrants.

We've long since forgotten the number of American citizens and legal residents were swept up and incarcerated for long periods during the months right after 9/11.

Many Americans are beginning to accept the fact that the Bushlings jammed the Iraq War down our throats and made us wash it down with lies.

Abu Ghraib and Guantanamo are not aberrations. They are part of a pattern and a result of actual policies adopted at the top and tacitly approved of.

Don't forget the number of stories planted by secret contractors hired by the Pentagon to win support in Iraq and the Arab world for the Bush administration and its policies. And now we hear that Republican uber-lobbyist and soon-to-be jailbird Jack Abramoff had been paying high-tone, think-tank experts to write and publish op-eds supporting his clients' interests.

The administration has often done its own buying of truth, seeding journalists with money to plant favorable stories.

Bush's oft-repeated remark that the terrorists "hate us for our freedom" is getting a little ironic. What freedoms would those be, Mr. President, the ones you're violating at every turn?

A friend of mine and I have started a rather cryptic game of "What's next?" Given that torture and secret prisons, extraordinary renditions and disappearances are already taken, the only other shoe to drop — and, horrifyingly, the most likely — is death squads.

The natural extension of the unnatural rationale, authored by John Yoo and seconded in many ways by AG Alberto Gonzales, Timothy Flanigan and other Justice Dept. hacks, would be that the president has the authority as commander-in-chief to send secret teams in to kill people.

In El Salvador, Guatemala, Colombia and other trouble spots around the world we have called these death squads. Were Bush to undertake such a thing, wouldn't we have to call them death squads, too?

When these squads get discovered, heaven forbid, don't be surprised to hear the administration, in its defense, refer to them as "freedom squads."

Friday, December 16, 2005

The Bush administration is one, long, bad movie

As the New Normal wants to focus on, there's something new and abnormal in what has transpired during the Bush years. Now, just as the torture debate gets taken off the front burner another pot begins to boil, that full of domestic spying by first the Pentagon and next the National Security Agency.

What begins as an abuse of power now seems to be possible criminal activity or, at the very least, unconstitutional undertakings.

How long will the American people put up with this? I'm beginning to sense, for the first time, a critical mass accumulating, in which the word impeachment can begin to be uttered without hyperbole.

Bush is a dangerous affront to the presidency and a threat to our constitutional way of governing.

What more will come out? Knowing this administration, there will always be more and likely more shocking.

Update: Martin Garbus on HuffPo thinks this is impeachable and also offers the view that McCain didn't win on the torture debate with Bush.

Diane Feinstein delivers on intelligence debate...

...and Steven Clemons of The Washington Note knocks it out of the park in analyzing what is wrong with the current system of sharing intelligence between the executive and legistative branches.

Apparently this began after W.'s false claim that Congress had the same intel as he. Feinstein decided to call him on it and asked for the Congressional Research Service to look into the matter. The results of the study are predictable: the president and his mouthpieces lied through their teeth.

Clemons lays it out very well.

Thursday, December 15, 2005

Bush hates our freedom, Part 13. (So, apparently does the Paper of Record)

This makes for some dark contemplation: Bush taps U.S. citizens' international calls, without obtaining warrants, and when the New York Times finds out, it delays reporting for a year.

Earlier in the week we see the Washington Post caving to pressure from the WH over Dan Froomkin's blog, and now we see that the NYT has been self-censoring. It lets out the truth at this time not because the perceived security threat is less but, more likely, because Bush has become so vulnerable.

This is dark, sad stuff.

The Washington Post, currently under fire because of the above Froomkin incident as well as the Bob Woodward CIA flap, weighs in on the covert, warrantless wiretapping. Scariest money quote:

Most of the powers covered under that law are overseen by a secret court that meets at Justice Department headquarters and must approve applications for wiretaps, searches and other operations. The NSA's [National Security Agency] operation is outside that court's purview, and according to the Times report, the Justice Department may have sought to limit how much that court was made aware of NSA activities.


We can only hope this turns the tide against the renewal of the USA Patriot Act. We can no longer trust the well-being of our country to the secret manipulations of the Bushlings and their hack Justice Dept. This is a disgrace and a threat to us all.

Blogs of the left and right take heed: assassinate the MSM at your peril

Franklin Foer of the New Republic Online makes a good point when he says we bloggers — on the left particularly — should avoid attacking the mainstream media.

I agree for slightly different reasons. Although there are MSM outlets I don't prefer, the Wall St. Journal being one, the blogs need the foot soldiers of the MSM to dig up the stories we unmercilessly cite, even as we trash some and elevate others.

As Foer said, the MSM reports are the grist for the bloggers' mills. They are our foils, whether we publish a blog or thrive off of others.

We need them to thrive. We can criticize them, light fires under them from time to time, but we should never seek to destroy them. That is reactionary and dangerous.

Bush hates our freedom, Part 12.

The Raw Story points us to this very disturbing revelation that the Bushlings have secretly been screening our international calls. This feels incredibly unconstitutional.

A second day of revelations that the Pentagon is engaged in domestic spying, a la J. Edgar. What's next? Why is there always a next in this administration's endless stream of contempt for liberties?

W. is beyond the pale at every turn. To paraphrase Joe Lieberman: We trust our president at our peril.

Can Feingold be the McCain of the Patriot Act?

McCain is a hero again. I guess that stuff runs deep.

Could Russ Feingold end up being the McCain, if you will, of the Patriot Act reauthorization? Those of us who have followed this for years certainly hope so.

Sen. Feingold has been holding court over at Josh Marshall's TPM Cafe. Good stuff. Thanks, Josh and Sen. Feingold. Keep it up as long as it takes.

I don't support any of the Patriot Act, which was invented in a heated rush too close to 9/11. Still, if the most abusive aspects, such as sneek-and-peek searches with long windows without informing the victims, are removed, then at least we can feel good about it.

As Sen. Feingold says, this is not a partisan issue, it's a constitutional issue. We deserve the rights that our Constitution provide. Maybe more, and certainly not less.

Late Update: Feingold may have the numbers. Thank you, thank you.

We're not there yet on torture

Happy times at HuffPo and Andrew Sullivan over W.'s cave-in to the McCain torture amendment, and I'm happy, too, almost. But we're not there yet.

Not only is Duncan Hunter carrying water for someone with his "Until I receive assurances from the White House that we have the same high level of effective intelligence gathering capability that we presently have (does that mean we still waterboard?) and also with the protections for American personnel (does that mean anyone who tortured or authorized torture cannot be held accountable?), I won't sign on to the bill." My paraphrase (and my parentheticals), but I think I'm accurate.

Also of concern was AG Alberto Gonzales on "The Situation Room" in which he dodged Wolf Blitzer's direct questions on the order of "Does that include waterboarding?" or "You do agree that waterboarding is torture?" Gonzales refused to commit to an answer, finally dismissing the issue with a "I'm not going to debate specifics with you, Wolf," reminiscent of his dodges during the confirmation hearings.

If Bush is truly caving and ready to live by the law, why is Gonzales still refusing to identify what is torture and what is not? I can only assume it's because the administration, Pentagon, even State and, of course, the CIA, are all concerned about their potential exposure, either in our courts or international courts.

It's more of that "We didn't do it, and we'll never do it again, but if we did, which we didn't, you still can't prosecute us because we're immune by law."

A sorry stance that amounts to a confession before the world, coupled with an insult. "And you and your bloody courts can't do a damned thing about it."

The Trouble with Mr. Bush

I have been far from a fan of W.'s jockish, arrogant tone all these five years now. I've always found it offensive. Next comes his policies that have either been fiscally irresponsible or diplomatically and militarily unsound, as well as the initiatives undertaken in his name by the Pentagon, the Justice Dept. and the CIA, most of which has harmed American interests at every turn.

This week, after nearly three years of failure in Iraq, a new, improved W. steps to the fore. It's almost an Ophrah-Show-style makeover. A new, humbler, more thoughtful, almost contrite, as he might put it, "taker of responsibility."

This is highly offensive, that a sitting president might try to solve his political predicament by radically changing his tone and style. Who are you, Mr. Bush, the swaggering warrior-emperor, hell-er-highwater, gonna-be-victor president, or are you the new taker-of-responsibility, could-take-a-few-days-mistakes-were-made, trust-me-victory's-still-comin' president?

W. had the temerity to tar John Kerry with the flip-flop moniker. Now, how's it feel?

It's still highly offensive, Mr. Bush. We feel you're playing us. It's not right, and I hope it doesn't work in the polls. Because if it does, it means you've suckered us again.

A long-overdue change in tone is not a change in policy. It's just more spin, and from a deadly spin shop. Real people really die. Your talk ain't cheap, it's really expensive.

Rep. Mike Thompson's letter on Iraq

I wrote my congressman, Rep. Mike Thompson (CA-01) the other day, and this was he reply. Obviously, I'm gratified to have this kind of representation in Washington:

Dear Mr. Ross:

Thank you for contacting me regarding the U.S. military presence in Iraq. I appreciate you taking the time to express your concerns to me on this very important issue.

Rep. John Murtha (D-PA), the leading Democrat in the House on military affairs, has proposed a plan of action for Iraq and I commend my colleague for his courageous leadership. I agree with Rep. Murtha that American troops should be redeployed from Iraq as soon as practicable.

It has been this leadership and honesty with the American people that has been lacking in the President's position on the war in Iraq. "Stay the course" is not a strategy for success. It is little more than hollow rhetoric that offers no real vision of how we can ever extricate ourselves from this misguided incursion without further destabilizing the entire region.

We can and should begin to redeploy our troops as soon as possible after the Iraqi people ratify their Constitution in July 2006. In the months leading up to the Iraqi election in July, we need to make it clear to the Iraqi people that we do not intend to occupy their country or maintain permanent military bases there. And it must be made clear to the world that the United States has no intention of controlling Iraq's oil production and oil wealth. At the same time, we need to serve notice on Iraq's neighbors that we will not tolerate their involvement in Iraq's sovereign affairs and will expect an immediate response from the international community should that occur.

By demonstrating our good faith with the Iraqi people, a solid majority of whom support our immediate withdrawal, we can reinvigorate diplomatic efforts to get the international community more involved in Iraq's reconstruction. It is clear that we need more partners. By the first of next year, more than half the "Coalition of the Willing," a scant 23,000 troops compared to our 160,000 troops, will have withdrawn their forces. As these coalition forces decline, the cost and burden on American troops and taxpayers will only increase.

Also, we need to hold our government accountable for how our tax dollars are being spent in Iraq, especially in terms of lucrative no-bid contracts to civilian corporations. I carried legislation that would have required the President to account for the money it is spending on the wars in Iraq and Afghanistan and will continue to advocate this position.

You may know that I did not support the President's plan to invade Iraq. I considered it to be an unnecessary distraction from hunting down those responsible for the attacks of 9/11. But, close to three years later, this is where we are and now we must find a rational and reasonable way out of this situation. We owe it to the men and women serving us in combat, to their families and to all the American people who are paying both the human and financial costs of