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a citizen’s journal by Thomas Nephew

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    • No Way. No How. No Brennan. (Sullivan, Atlantic/DailyDish)
      "We haven't fought for decency and reform and a return to American values for so long to be turned back now. We didn't work our butts off to elect Obama only to get Bush another four years at CIA. If Brennan emerges as the pick, those of us against the continuation of war crimes and the prosecution of war criminals will have to oppose him strenuously in the nomination process. We will, in fact, have to go to war with Obama before he even takes office. And if Obama doubts our seriousness, I have three words for him. Yes we can."
    • Four philosophical questions to make your brain hurt (Bain, BBCNews)
      Nicely laid out philosophical chestnuts. I liked the quote at the end: "…the end of our exploring, Will be to arrive where we started, And know the place for the first time." -- TS Eliot
    • Torturing Democracy (PBS)
      "Impatience with the rule of law – and the firm conviction that the commander in chief had the authority to ignore it – would become a hallmark of the war on terror." PBS documentary on how far we've fallen. Let's not let the John Brennans keep us from getting back up. (Transcript at http://www.gwu.edu/~nsarchiv/torturingdemocracy/documents/td_transcript.pdf.)
    • Obama and privacy: some early disquieting signs (Pincus, Liminal States)
      Catalist voter info may be shared with likeminded groups; vetting process uses ChoicePoint -- private company end run on what government can't do as easily or at all itself.
    • Obama And The Presidency (60 Minutes, video, CBSNews.com)
      Looking at "how do we sequence [economy, health care, energy] in a way that we can actually get them through Congress."
    • The Washington Post drinks Dick Cheney's Kool-Aid (Noah, Slate)
      No, no, no, no, no, no, no: "Some, like the jobs that will turn over in the vice president's office, are not included because the office technically is not part of either the executive branch or the legislative branch."
    • Obama Team Faces Major Task in Justice Dept. Overhaul (Johnson, WaPo)
      "At a conference in Washington this week, former department criminal division chief Robert S. Litt asked that the new administration avoid fighting old battles that could be perceived as vindictive, such as seeking to prosecute government officials involved in decisions about interrogation and the gathering of domestic intelligence. ... "It would not be beneficial to spend a lot of time calling people up to Congress or in front of grand juries," Litt said. "It would really spend a lot of the bipartisan capital Obama managed to build up."" What an idiot. Bipartisanship isn't a good in itself, it's a means to an end -- and its price should never be sweeping war crimes and crimes against the rights of Americans under the table. Shame on Robert Litt.
    • Post-partisan harmony vs. the rule of law (Glenn Greenwald, Salon.com)
      "[Former Clinton official Robert Litt's] belief is that Bush officials should be protected from DOJ proceedings even if they committed crimes. And his reason for that is as petty and vapid as it is corrupt: namely, it is more important to have post-partisan harmony in our political class than it is to hold Presidents and other high officials accountable when they break the law." Yes, that is apparently the consensus, Obama shouldn't be a part of it -- but I'm afraid he will.
    • Vast Obama network becomes a political football (Wallsten, Hamburger, LAT)
      "Now, as Obama turns from campaigning to governing, his advisors are struggling to harness this potent web of supporters to help him move his agenda over the next four years."
    • How to End the Recession (Pollin, The Nation)
      "[A green public-investment stimulus ] would generate many more jobs--eighteen per $1 million in spending--than would programs to increase spending on the military and the oil industry... [which] generate only about 7.5 jobs for every $1 million spent.
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For Gordon Clark for Congress in Maryland’s 8th C.D.

Posted by Thomas Nephew on 26th October 2008

The following email was sent to impeachment supporters in the Takoma Park area; I’ve added a video link to the campaign video mentioned in the second paragraph.

=====

Dear Takoma Park Impeach Bush & Cheney supporter,

We — Thomas Nephew, Lisa Moscatiello, and Michelle Bailey — are writing to endorse Gordon Clark (Green Party) for Maryland’s 8th Congressional District seat in the House of Representatives.  We’re confident that as the kind of independent thinker who has supported impeachment, you’ll be very impressed with Mr. Clark, who is opposing incumbent Chris Van Hollen (Democratic Party).  For our part, all three of us will be voting for him on November 4th.

To learn more about Gordon Clark, visit his web site at www.clarkforcongress.net.  While you’re there, be sure to check out his latest campaign video — a great two minute summary of why Gordon Clark is running for Congress.*  There’s also a video of his recent debate with Republican Steve Hudson and Van Hollen legislative aide Bill Parsons (Van Hollen couldn’t attend because of the bailout bill vote).

The centerpiece of Clark’s campaign is a Green New Deal — an Apollo program, Manhattan Project, and Marshall Plan all rolled into one — to put America on the path to renewable energy independence.  He also supports universal health care, opposes threatening war with Iran, and wants a complete withdrawal from Iraq; as you’ll see from an issues chart comparison, Chris Van Hollen falls short on these and other counts.  There’s more, everything is well documented — and you’ll probably find yourself agreeing with Gordon Clark much more often than not.

There will be a Clark volunteer meeting today (Sunday, October 26th) from 4-6PM at 822 Gist Avenue, Silver Spring; to get in touch with the campaign, contact Sara Gilbertie at 860-233-4097 or sara@clarkforcongress.net, or visit the campaign web site at www.clarkforcongress.net.

= = = = =



What about Clark’s views on impeachment?  Here’s what he told Internet radio host Chip Gibbons earlier this year:

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What trumps a pardon?

Posted by Thomas Nephew on 10th October 2008

In one very important way, impeachment does — and maybe soon.

The news was quickly buried under an avalanche of financial crisis, Palin, debate, and election horse race stories, but it was significant all the same.  In late September, Murray Waas reported in Atlantic.com that Department of Justice investigators were zeroing in on former Attorney General Alberto Gonzales’s July 24, 2007 testimony to Congress.  In this testimony, Gonzales asserted that in a critical March 10, 2004 meeting — immediately prior to the notorious “hospital confrontation” between Comey, Ashcroft, Gonzales, and Card — a key group of Congressional members privy to intelligence secrets* shared a “consensus” with Cheney, Addington, and Gonzales that the NSA’s warrantless surveillance program described to them should go forward.

Unfortunately for Gonzales, this assertion was denied** by many of the congressmembers involved. Waas:

Gonzales said that he had told the congressional leaders “in the most forceful way that I could [about] … the disagreement that existed.” Gonzales said that in response to that, there had been a “consensus in the room” from the legislators, “who said, ‘Despite the recommendation of the deputy attorney general, go forward with very important intelligence activities.’ ”

This assertion that there had been “a consensus” is currently under investigation by the Justice Department’s inspector general as possible perjury or as a false statement under oath.

According to Waas, Gonzales also developed after-the-fact “notes” on the March 10 meeting, at the direction of President Bush; beginning with one sentence(!) , jotted down on March 11.  Gonzales asserted he wrote up the remainder of his notes on the March 10, 2004 meeting “the following weekend,” i.e., March 13 and 14.

But on March 11, when he renewed the NSA warrantless surveillance program, Bush could only have had Gonzales’s say-so and the alleged one sentence note as “documentation” of Congressional acquiescence.  According to accounts like those by the Washington Post’s Barton Gellman, Bush finally modified his March 11 order on March 19 — well after being informed by Comey, on March 12, of likely widespread resignations at the Department of Justice should the program continue in its prior form.

The NSA warrantless surveillance program may well have always been an impeachable offense.  Its continued approval through March 19, 2004, despite the March 12th disapproval of Acting Attorney General Comey — was even more certainly one, at least in my view and that of many others.  Should the March 11th reapproval have been based on evidence of congressional “acquiescence” known to be false or even suborned, that would be yet further grounds for Bush’s impeachment.

But I think it’s also crucial that by feigning that evidence — and by restating that lie in his July 24, 2007 testimony before the Senate Judiciary Committee — Alberto Gonzales can be impeached as well. And there’s nothing President Bush could do to stop that — not even a pardon.

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September 17 is Constitution Day

Posted by Thomas Nephew on 15th September 2008

…so let’s make it a bad one for George Bush, Karl Rove, Harriet Miers, and Josh Bolten by joining this American Freedom Campaign petition:

…In order for our government to function, we must have checks and balances. In order to prevent a president from assuming king-like powers and to ensure that all presidents are held accountable for their actions, Congress must have effective congressional oversight ability. And, of course, our presidents must respect that power.

George W. Bush does not.

It is time to put an end to this defiling of our Constitution. The U.S. House of Representatives has set September 26 as a target date for adjournment. By that time, Karl Rove, Harriet Miers, and Josh Bolten must comply with the congressional subpoenas they have been issued – and which a federal judge has ordered them to follow.

If they do not, then George W. Bush must be impeached and removed from office….

Full text and petition here — and of course, feel free to join it before September 17th.  The American Freedom Campaign is organizing more than that for Constitution Day, as a press release last week explained:

Groups From Across the Political Spectrum Call on Presidential Candidates – and the Media – to Dedicate Constitution Day (September 17) to Addressing Constitutional Issues

…This year, an ideologically diverse coalition of civil society groups and think tanks from the human rights, civil liberties, environmental, civil rights, open government, limited government, and public interest communities have joined forces in a rare effort to foster respect for the U.S. Constitution by an incoming administration. Leading the effort are the American Freedom Campaign, World Resources Institute and the Liberty Coalition.

The organizations are calling on presidential candidates from all parties to describe their commitment and ability to “protect and defend the Constitution of the United States” as the next president. These groups recognize that presidents exercise a great deal of discretion and flexibility in interpreting the Constitution and that abuse of constitutional rights and safeguards can have significant harmful effects on the American people’s lives. It is therefore essential, they assert, to understand where candidates stand on constitutional rights and the separation of powers prior to their election. These groups also believe it is the responsibility of the media to inform the public about the candidates’ positions on constitutional issues and to press the candidates for their positions if they are unknown…

I.e., what Charlie Savage did with all the candidates late last year for “executive power” issues (something I turned into a spreadsheet rating system and described in a blog post here.)

There’s broad support for this initiative at the “grass tops” level and — I hope — at the grass roots level as well. I attended a press conference last Friday announcing the plan, and Sarah Dufendach (Common Cause), Michael Ratner (Center for Constitutional Rights), Dane Von Breichenruchardt (American Conservative Defense Alliance), and Robin Murphy (World Resources Institute), among others, all spoke about the urgency of this moment. Jon Pincus, Aviva OThirtytwo, and I were there (in person or by phone) representing “Get FISA Right”, one of the most recent expressions of citizen/netizen dissatisfaction with where our civil liberties are headed.

I went in hopes that this might become another nucleus of activism for a political drive like Nell Lancaster was writing about last week:

…post-power impeachment hearings are the single best way to uncover just what lawbreaking was done. Not only do impeachment investigations have much stronger testimony-extracting powers than regular Congressional hearings, but post-term impeachment is much less easily characterized as a “partisan witch hunt” because it’s removed from an electoral landscape. [...]

Impeachment is the key to reversing the damage of the last eight years, not simply papering it over. The time to organize for demanding it is not after the election, but now.

Now as campaign director Steve Fox stressed at the press conference, advocating impeachment is not a goal of the “Constitution Day” initiative per se — and the goal of elevating an election campaign above lipsticks, pit bulls, and hockey moms is hugely important in its own right.

But AFC’s own willingness to use the “I word” in its demand for Rove, Miers, and Bolten to take the stand shows they’re a potential ally for impeachment later on — whether before or after the election, and whether they’re ready to consider that right now or not. After all, even if the September 26th recess comes and goes with no progress in getting testimony from the White House, the urgency of sanctioning a presidency that thumbed its nose at the Constitution won’t go away.

Nor will all the benefits of impeachment. See Article I, Section 3 of the Constitution (emphasis added):

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Moreover, Article II, Section 2 states:

[the President] shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

The implications are left as an exercise for the reader.

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Impeachment and truth now. Reconciliation? Maybe later.

Posted by Thomas Nephew on 10th September 2008

While it wasn’t her point, Nell’s excellent post earlier this week (”Prepare to Dare or Prepare to Despair“) reminds me that I’ve been less energetic than I should have been in supporting and discussing Dennis Kucinich’s H.Res. 1258 resolution calling for George Bush’s impeachment.  The lengthy resolution presents 35 articles of impeachment, leading with Bush’s propaganda campaign for the Iraq war:

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty under article II, section 3 of the Constitution ‘to take care that the laws be faithfully executed’, has both personally and acting through his agents and subordinates, together with the Vice President, illegally spent public dollars on a secret propaganda program to manufacture a false cause for war against Iraq.

The resolution is a resource in its own right, presenting factual bases for each of the charges.*   As David Swanson of AfterDowningStreet.org said,

Impeachment is only a lengthy process when you don’t already have the evidence.  President Andrew Johnson was impeached three days after the offense for which he was impeached. … Bush and Cheney could be impeached, tried, and convicted in a week.

Not even every impeachment supporter will agree that every single article in H. Res. 1258 merits Bush’s impeachment,  removal from office, and  banning from future federal office.  But even in this the resolution serves a useful function, reminding us that impeachment is by design a political tool, to be wielded by the House of Representatives — not a judicial one or one limited to narrowly proveable violations of U.S. law.

To be sure — for those who insist on them — there are (in my opinion) such statutory and treaty violations involving illegal detention (Article 17), torture (Article 18), and illegally spying on American citizens (Article 24).

But impeachment can and sometimes must also be applied to the kinds of breaches of trust and willful poor judgment that have characterized the Bush administration, even if no specific statute is broken, even if “only” our constitutional system itself is at stake.   The cannon of impeachment may seem less warranted for, say, the relative fly of “endangering the health of 9/11 first responders,” (Article 35), but quite a bit more so for the propaganda catapult of misleading claims about Iraq and 9/11 (Article 2), Iraqi WMD (Article 3), or “even” climate change (Article 32) — regardless of whether particular statutes were broken in the latter cases.  Yet others strike at the equally profound subversion of the American political system, such as those about tampering with free and fair elections, corruption of the administration of justice (Article 28), creating secret laws (Article 22), and announcing intent not to follow duly enacted law (Article 26).

As AfterDowningStreet.com is reporting, Dennis Kucinich will present petitions supporting immediate impeachment hearings to Speaker Nancy Pelosi today. (You can still add your support here.)

Kucinich will also reportedly urge the formation of a truth and reconciliation commission — something Mark Gisleson (”Norwegianity”) supports in an article written for Mick Arran’s impeachment blog “The Bush/Cheney Impeachment Papers.” The arguments of Mr. Gisleson and others (like local congressional candidate Gordon Clark) notwithstanding, I see the “T&R” idea as a half measure ratifying a drift away from the Constitution and towards unwritten and impotent customs and conventions.

But even the half-measure of “truth and reconciliation” is not eagerly embraced by the Obama campaign.  As Mark Benjamin reported for Salon.com (via Mick Arran) this summer:

…don’t hold your breath waiting for Dick Cheney to be frog-marched into federal court. Prosecution of any officials, if it were to occur, would probably not occur during Obama’s first term. Instead, we may well see a congressionally empowered commission that would seek testimony from witnesses in search of the truth about what occurred. Though some witnesses might be offered immunity in exchange for testimony, the question of whether anybody would be prosecuted would be deferred to a later date — meaning Obama’s second term, if such is forthcoming.

On the other hand (and for what it’s worth), while it doesn’t call for either a commission or impeachment, the draft Democratic platform identified many of the same issues highlighted in H. Res. 1258.  And it closed the relevant “Reclaiming our Constitution and Our Liberties” section with the ringing words:

Our Constitution is not a nuisance. It is the foundation of our democracy. It makes freedom and self-governance possible, and helps to protect our security. The Democratic Party will restore our Constitution to its proper place in our government and return our Nation to our best traditions–including our commitment to government by law, and not by men.

Impeachment is not a nuisance either — it’s an integral part of the Constitution.  Impeachment is no esoteric afterthought — it’s the biggest actual “check and balance” in the document, and it’s mentioned six times.  Impeachment is literally patriotic.  And it would be a far more powerful tool towards uncovering the truth than any congressional committee or even special prosecutor would be — refusal to honor impeachment-related subpoenas was itself an article of impeachment in the Nixon articles of impeachment.

As Nell Lancaster wrote:

Impeachment is the key to reversing the damage of the last eight years, not simply papering it over. The time to organize for demanding it is not after the election, but now.

=====
* I’m planning to find or publish a web page of the resolution with hyperlinks to supporting documents and reports.

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Reformations

Posted by Thomas Nephew on 18th August 2008

I’m not especially well-informed about the history of the Catholic Church, the Reformation, and the Counterreformation. I therefore simply direct readers to an interesting set of posts by Mick Arran:

Arran argues that there are instructive historical parallels between the great shipwreck of the Catholic Church on the rocks of the Reformation and today’s American political scene. In a nutshell, by failing to root out and punish corruption in its midst, the American political establishment of the late 20th and early 21st centuries strongly resembles the pre-Reformation Catholic Church, and is inviting a similar period of steady decline.

Arran points to Ford’s pardon of Nixon for and Bush’s pardon of Weinberger as akin to the Catholic Church “General Council” failures to end abuses like selling “benefices” and self-enrichment:

…not once, but twice, American presidential administrations have defamed and trampled on some of the most serious and solemn provisions of the Constitution of the United States WITHOUT LEGAL CONSEQUENCES OF ANY KIND FOR ANYONE INVOLVED. But most especially there was no action whatever taken against those at the top levels of govt who had ordered those violations: the president and the vice president. Is it any wonder that the Bush Administration felt free to do whatever it wished, to violate US law, the Constitution, and Congressional orders lawfully given? To do its business entirely in secret, refusing even to let the Congress itself know what it was doing? The lesson they had learned and learned well was that a president could ignore laws, the Constitution, Congress, the judicial branch, and the people themselves WITHOUT FEAR THAT THEY WOULD EVER HAVE TO PAY A PRICE FOR THEIR CRIMES.

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Legal scandals, impeachment efforts force President’s resignation

Posted by Thomas Nephew on 18th August 2008

In Pakistan. The New York Times’s Jane Perlez reports:

Under pressure over impending impeachment charges, President Pervez Musharraf announced that he would resign Monday, ending nearly nine years as one of the United States’ most important allies in the campaign against terrorism. [...]

Mr. Musharraf has been under strong pressure in the past few days, as the coalition said it had completed a charge sheet to take to Parliament for his impeachment. The charges were centered on “gross violations” of the Constitution, according to the minister of information, Sherry Rehman.

Yeah , whatever; bet Pakistan doesn’t have 72 Olympic medals. U-S-A! U-S-A!

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Jane Mayer: Powell not told about al-Libi doubts

Posted by Thomas Nephew on 29th July 2008

From the Jane Mayer interview by Amy Goodman on Democracy Now!:

JANE MAYER: Many of the detainees have said they lied to stop the torture. Shaykh Ibn al-Libi was perhaps one of the most fateful cases, because he was taken into custody by the CIA, sent to Egypt, where he was basically beaten up. While he was in Egypt, this was before the war in Iraq. He was asked, “Are there weapons of mass destruction in Iraq? And are there connections between al-Qaeda and Saddam Hussein?” He later said he had absolutely no idea. He didn’t even really know what weapons of mass destruction were. But he told his interrogators whatever they wanted to hear. And what he told the interrogators made its way into Colin Powell’s speech to the UN, which was one of the major turning points in selling the war in Iraq. Colin—

AMY GOODMAN: February 5, 2003, five weeks before the invasion.

JANE MAYER: Right. And it was a speech that was very powerful, convinced an awful lot of people who were on the fence about whether we needed to go to war. One of the things Powelll talks about in that speech is the information that came from al-Libi saying that there was WMD and that there were connections between terrorists from al-Qaeda and Saddam Hussein.

Almost one year after Powell’s speech, this same detainee, Shaykh Ibn al-Libi, recanted. He told the CIA he made it up. He said he had to say something, because they were killing him.

You know, one of the things, though, that I think people haven’t picked up on in that story is not only the disinformation that came out of this program, but that there were really doubts about al-Libi at that time that Powell gave that speech, and Powell was not told about the doubts. The DIA, the Defense Intelligence Agency, already suspected that al-Libi was fabricating things, because his confessions lacked all the kind of detail that’s convincing. And the DIA was sounding an alarm, but Powell wasn’t told about this when he gave his speech.

AMY GOODMAN: And what was Cheney’s role?

JANE MAYER: Well, Cheney vetted the speech, so he—his office was just deeply involved in almost all of these issues. You know, David Addington was up in Congress not very long ago, and he testified. And again, people didn’t pick up on this much. But he said as kind of an aside that he was very involved in the CIA’s interrogation program, which is extraordinary. Now, why is the lawyer for the Vice President involved in the CIA’s interrogation program? Well, when the history of this is told—and I did my best to tell it in The Dark Side—you’ll see there’s sort of fingerprints from Cheney and the people in his office all over this program.

While this hasn’t escaped attention before now, there are two reasons the bolded parts remain important and worth emphasizing, I think. First, obviously, a key convincing spokesman went to the United Nations with a story that was built on sand — leading to the deaths and maimings of (at minimum) tens of thousands of Iraqis, and thousands of Americans. Second, perhaps less obviously, there was an effort — a conspiracy, to put it bluntly — to have him do so. I’ve compiled a short and no doubt partial list of other major instances of this kind of deception here — “Practice to Deceive.”

For people to argue that torture or deception leading to war (or, in this case, both) were somehow done in good faith is to “hear no evil, see no evil, and speak no evil.” It’s wilful blindness in the face of overwhelming evidence. In my view, these were part of a conspiracy of war crimes, crimes against U.S. statutes, and impeachable acts. There must be accountability for them; all I can do, I suppose, is point that out — and hold it against politicians, pundits, and others who argue otherwise.

=====
UPDATE, 7/29: Support Dennis Kucinich’s call for impeachment hearings here; your name will be forwarded to your Representative.

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Gordon Clark (Green-MD-8) on Congress and impeachment

Posted by Thomas Nephew on 13th July 2008

Gordon Clark is a former SANE/Freeze, Peace Action, and Public Citizen state and national organizer who is challenging Rep. Chris Van Hollen (D-MD-8) in the November election, as the Green Party candidate for Maryland’s 8th Congressional District seat in Congress. As befits a Green Party and progressive candidate, he’s centering his campaign on the issues of the Iraq war, global warming, and to some extent on the storm clouds gathering for a possible Iran war; as I noted at the time, I first learned about the execrable H.Con.Res.362 bill demanding a blockade of Iran via a press release from the Gordon Clark campaign.

I was curious where Mr. Clark stands on impeachment, accountability, and the dream of a healthy constitutional democracy in the United States. Via his website, I just got through listening to an interview he gave on June 13th on the (quite excellent) BlogTalkRadio news show “Radio Resistance,” hosted by Chip Gibbons. The Clark interview begins at around 32:30 minutes*; the key part, for me, is here:

GIBBONS, “RADIO RESISTANCE” (at around 44:52): If you were in Congress right now instead of Representative Van Hollen, would you be pursuing impeachment of George Bush?

CLARK: As I said, I think it’s a tough call in some ways. I’ll start off by saying: yes, I would. [...] If I were in the legislature right now, there’s no question that this administration has committed crimes that deserve impeachment and I would be forced to vote for it.

(All emphases are mine.)

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Quotes of the July 4th weekend

Posted by Thomas Nephew on 7th July 2008

  • From a 4th of July parade watcher I spoke with: “I figured Obama would disappoint me sometime; I just didn’t think it would be so soon.”
  • Walking back from the parade, I ran into a neighbor who asked why the costume. Explained about FISA, and he asked “So, you’ve given up on impeachment?” So I answered, “No, everyone else did.” That’s not strictly true, of course;“No, you did” was what I thought, but that would have been a little too sharp.
  • Overheard in a bookstore, in front of Scott McClellan’s book: Here it is! He’s the snitch I was telling you about, he’s snitchin’.”

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Worth reading

Posted by Thomas Nephew on 25th May 2008

  • A stalled U.S. peace movement? Antiwar activity since 2001 (janinsanfran, “Happening Here”) — This is the fifth and last post of a series Jan wrote to gather her thoughts for a history workshop, and the whole series is worth your while. Jan concludes:

    A more effective peace movement needs to be offering a vision of a plausible, sustainable global community that doesn’t hinge on U.S. use of force to maintain empire. Elements of that vision clearly need to include challenges related to technology, climate change, and how to rein in cancerous capitalism. We really haven’t known how to put out such a vision yet.

    That’s not surprising — it is hard and perhaps, also, the struggle against empire may not have changed us enough so that we could see it. But the group(s) that find elements of that vision will discover that millions are already with them, looking for something similar, ready to elaborate something as yet unknown. They just don’t currently identify with the peace movement.

  • The Cynic and Senator Obama (Charles Pierce, Esquire) — This is one of the best political essays I’ve read in a long time. Self-described cynic Pierce considers Obama’s oratory and politics, and finds them serviceable but not entirely satisfying:

    There is one point in the stump speech, however, that catches the cynic up short every time. It comes near to the end, when Obama talks about cynics. Obama says that cynics believe they are smarter than everyone else. The cynic thinks he’s wrong. The cynic doesn’t think he’s wiser or more clever or more politically attuned than anyone else. It’s just that he fears that, every morning, he’ll discover that his country has done something to deface itself further, that something else he thought solid will tremble and quake and fall to ruin, that his fellow citizens will sell more of their birthright for some silver that they can forge into shackles. He has come to believe that the worst thing a citizen of the United States of America can believe is that his country will not do something simply because it’s wrong. It would be a mistake for anyone — but especially for a presidential candidate — to believe that the cynic thinks himself wise or safe or liberated. In 2008, the cynic is more modest. He considers himself merely adequate to the times.

    I could go on quoting this piece at length, but I’ll make do with two quotes — one that made me nod my head as the main thing I hold against Obama (link added):

    In 2007, when asked about the possibility — just the possibility — of impeaching George W. Bush and/or Dick Cheney, Obama scoffed at the idea, not entirely because it was constitutionally unsound but also because it was impolite and a nuisance and might make many people angry at one another, and he was, after all, running to help save us from ourselves.“We would, once again, rather than attending to the people’s business, be engaged in a tit-for-tat, back-and-forth, nonstop circus.”

    He was offering a guilty country a nolo plea. Himself. Absolution without confession.

    The cynic declined the deal. There were not enough people in handcuffs yet.

    And one that made me laugh:

    “I look forward as president to going before the world community and saying, ‘America is back. We’re ready to lead,’ “ Obama says on the radio, the static crackling and popping and the transmission fading, and it takes a moment for the cynic to wonder whether or not the world wants America to lead. Maybe the world wants America to sit down and shut up for a while.

  • Race to the Bottom, (Betsy Reed, “The Nation”) — Reed stipulates that misogynistic attacks on Hillary Clinton have happened and are deplorable, but thinks declaring “sexism the greater scourge” than racism is not helpful. She continues:

    Yet what is most troubling–and what has the most serious implications for the feminist movement–is that the Clinton campaign has used her rival’s race against him. In the name of demonstrating her superior “electability,” she and her surrogates have invoked the racist and sexist playbook of the right–in which swaggering macho cowboys are entrusted to defend the country–seeking to define Obama as too black, too foreign, too different to be President at a moment of high anxiety about national security.

  • Women and the Invisible Fist (Charles Johnson, Rad Geek People’s Daily) — Libertarians (and others) grant and even assume the possibility of spontaneous order; but if so, must they not also grant the possibility of spontaneous repression? An interesting essay by libertarian Charles Johnson argues yes, with a close examination of writings by feminist theorist Susan Brownmiller. The latter coined the ugly but compelling “Myrmidon theory” of rape — that men as a class or gender benefit from the transgressions of rapists.* Roughly speaking, the thinking is that the “good” men often identify themselves as protectors, women often agree, and society as a whole shapes itself around the ever-present threat. Johnson:

    But if widely distributed forms of intelligence, knowledge, virtue, or prudence can add up, through many individual self-interested actions, into an benign undesigned order, then there’s no reason why widely distributed forms of stupidity, ignorance, prejudice, vice, or folly might not add up, through many individual self-interested actions, into an unintended but malign undesigned order. Moreover, if you consider that spontaneous orders can emerge as unintended consequences of certain widespread forms of violence, then it ought to be especially clear that not all undesigned orders can be considered benign from a libertarian point of view.

    Via Jim Henley, who seems lately to be about metamorphosing your father’s (and/or mother’s) libertarianism into something more honest, multifaceted, and interesting. See also in this respect Henley’s Art of the Possible post, and the site as a whole: “Liberals and libertarians on common ground… and otherwise.” Henley says that the challenge is to “correct spontaneous malign orders without the tool of state violence.” I’m not sure that circle can be squared — some countervailing force is needed against spontaneous malign orders, and that force will need some agreed on norms of justice and enforcement. But I’m interested that libertarians are thinking about the challenge.

  • “Secret Law and the Threat to Democratic and Accountable Government,” Senate Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights, April 30, 2008 — From Senator Russ Feingold’s opening statement:

    “More than any other Administration in recent history, this Administration has a penchant for secrecy. To an unprecedented degree, it has invoked executive privilege to thwart congressional oversight and the state secrets privilege to shut down lawsuits. It has relied increasingly on secret evidence and closed tribunals, not only in Guantanamo but here in the United States. And it has initiated secret programs involving surveillance, detention, and interrogation, some of the details of which remain unavailable today, even to Congress.

    “These examples are the topic of much discussion and concern, and appropriately so. But there is a particularly sinister trend that has gone relatively unnoticed – the increasing prevalence in our country of secret law.

    Feingold went on to list examples like the secret Yoo memoranda on torture and (as we now know) on warrantless surveillance. Testimony by Federation of American Scientists secrecy expert Steven Aftergood, former Clinton OLC lawyer Dawn Johnsen, and University of Minnesota law professor Heidi Kitrosser, among others, delineate the problem and suggest some legislative solutions, or at least balances. Kitrosser:

    …as the experience with the surveillance and torture programs demonstrate, the oversight system too often cracks under the weight of executive branch disregard and legislative acquiescence in the same. Such disregard and acquiescence is facilitated in part by the same arguments used to justify the circumvention of substantive statutory directives. That is, the executive branch often simply asserts that statutorily required disclosures or requested disclosures would prove too dangerous, and these assertions too often are met with acquiescence.

    Johnsen:

    Given the Bush Administration’s propensity to claim that it is simply engaging in statutory interpretation when it in effect is claiming the authority to disregard a statute, Congress should amend the current notification requirement to extend beyond cases in which the executive branch acknowledges iti is refusing to comply with a statute. Presidents should explain publicly not only when they determine a statute is unconstitutional and need not be enforced, but also whenever they purport to rely upon the constitutional avoidance canon to interpret a statute.

    (”Constitutional avoidance” is when a statute admitting of an unconstitutional interpretation is instead is interpreted in such a way that the result is constitutional.) Administration spokesbot Bradford Berenson had his say as well; find it yourself. Via Marty Lederman (”Balkinization”).

    =====
    * The term “Myrmidon” is from the Iliad, where Myrmidons were Achilles’ henchmen soldiers, who did his bidding: “Loyal and unquestioning, the Myrmidons served their master well, functioning in anonymity as effective agents of terror.”

    UPDATE, 6/2: “Rad Geek” elaborates on his points in a lengthy and worthwhile comment here. Also, reading between the lines of Henley’s link to this post, I wonder if I gave offense; that was not my intent. Maybe what’s metamorphosing are my own views, not libertarian thinking. I meant that I see Henley as having his own considerable impact on reshaping libertarian thinking (and/or promoting understanding of it) for the better. Glenn Greenwald is another example. Thanks also to Avedon Carol for her nice link to this post.
    UPDATE, 6/10: “Rad Geek” comments on our discussion here at his own blog: “10,000 ways to lose your freedom.”

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