Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

Sunday, July 26, 2009

Cheney Demanded To Use US Troops To Arrest People And Destroy The Constitution.



It would appear as if there really was no limit to the number of ways in which Dick Cheney wanted to test the limits of the US Constitution.

Glenn Greenwald:

This new report today from The New York Times' Mark Mazzetti and David Johnston reveals an entirely unsurprising though still important event: in 2002, Dick Cheney and David Addington urged that U.S. military troops be used to arrest and detain American citizens, inside the U.S., who were suspected of involvement with Al Qaeda. That was done pursuant to a previously released DOJ memo (.pdf) authored by John Yoo and Robert Delahunty, addressed to Alberto Gonzales, dated October 23, 2001, and chillingly entitled "Authority for Use of Military Force to Combat Terrorist Activities Within the U.S." That Memo had concluded that the President had authority to deploy the U.S. military against American citizens on U.S. soil. Far worse, it asserted that in exercising that power, the President could not be bound either by Congressional statutes prohibiting such use (such as the Posse Comitatus Act) or even by the Constitution's Fourth Amendment, which -- the Memo concluded -- was "inapplicable" to what it called "domestic military operations."

Though it received very little press attention, it is not hyperbole to observe that this October 23 Memo was one of the most significant events in American politics in the last several decades, because it explicitly declared the U.S. Constitution -- the Bill of Rights -- inoperative inside the U.S., as applied to U.S. citizens.
Cheney's extraordinary lack of respect for the notion that any limitation should ever be placed on the power wielded by the executive is no great surprise. This was the argument which essentially ran beneath every stance that the Bush regime took during it's war on a noun.

What's extraordinary to me is that one can take this stance whilst simultaneously pretending to be against "big government".

That's so contradictory it makes one's head spin. And is anyone surprised that the memo which claimed this was legal came from the pen of John Yoo? Has he not been disbarred yet? How may more of his insane memos have to come to light before everyone can agree that this man is not fit to practice law?

Click title for New York Times article.

Friday, December 05, 2008

The Constitutional Conflict with Hillary Clinton's Nomination to Sec of State.



As morons continue to argue that Obama is not a US citizen, they miss the rather more pertinent point regarding Hillary's nomination.

Friday, October 19, 2007

Senators Clash With Nominee About Torture

President Bush’s nominee for attorney general, Michael B. Mukasey, declined Thursday to say if he considered harsh interrogation techniques like waterboarding to constitute torture or to be illegal if used on terrorism suspects.

On the second day of confirmation hearings before the Senate Judiciary Committee, Mr. Mukasey went further than he had the day before in arguing that the White House had constitutional authority to act beyond the limits of laws enacted by Congress, especially when it came to national defense.

He suggested that both the administration’s program of eavesdropping without warrants and its use of “enhanced” interrogation techniques for terrorism suspects, including waterboarding, might be acceptable under the Constitution even if they went beyond what the law technically allowed. Mr. Mukasey said the president’s authority as commander in chief might allow him to supersede laws written by Congress.

If the Democrats are serious when they say that they oppose torture, then these comments alone should be enough for them to oppose Mukasey's nomination.

The fact that the Bush administration are torturing suspects is accepted by all but it's most fervent supporters, it is for this reason that US has sought to implement it's own reading of the Geneva Conventions, which as Dana Perino memorably stated when she was reminded that any clarification of Geneva must be done through an international court, "Which we won't be doing."

It is clear that the Bush administration are engaging in actions which every country in the world - and every US administration before this one - would regard as torture.

The questioning by the Democrats was tougher still regarding Mr. Mukasey’s views on presidential authority to order harsh interrogation techniques on terrorist suspects, including waterboarding, which was used by the C.I.A. on some of those who were captured and held in the agency’s secret prisons after the Sept. 11 terror attacks.

“Is waterboarding constitutional?” Mr. Mukasey was asked by Senator Sheldon Whitehouse, Democrat of Rhode Island, in one of the sharpest exchanges.

“I don’t know what is involved in the technique,” Mr. Mukasey replied. “If waterboarding is torture, torture is not constitutional.”

Mr. Whitehouse described Mr. Mukasey’s response as a “massive hedge” since the nominee refused to be drawn into a conversation about whether waterboarding amounted to torture; many lawmakers from both parties, as well as civil liberties and human rights groups, have said it is clearly a form of torture. The administration has suggested that it ended the practice after protests from Capitol Hill and elsewhere, although it has never said so explicitly.

“I mean, either it is or it isn’t,” Mr. Whitehouse continued.

Waterboarding, he said, “is the practice of putting somebody in a reclining position, strapping them down, putting cloth over their faces and pouring water over the cloth to simulate the feeling of drowning. Is that constitutional?”

Mr. Mukasey again demurred, saying, “If it amounts to torture, it is not constitutional.”

Mr. Whitehouse said he was “very disappointed in that answer; I think it is purely semantic.”

“I’m sorry,” Mr. Mukasey replied.
Here he argues that the President can disobey "some" laws:



Here he refuses to state whether or not waterboarding is torture:


Among the Democrats, Mr. Leahy was especially critical of Mr. Mukasey, wondering aloud whether he had been pressured overnight by the White House to defend the administration’s view of its expanded powers in dealing with terrorist threats.
“In your answers yesterday, there was a very bright line on questions of torture and the ability of an executive, or inability of an executive, to ignore the law,” Mr. Leahy said. “That seems nowhere near as bright a line today, and maybe I just don’t understand.”
“I don’t know whether you received some criticism from anybody in the administration last night after your testimony,” he said, “but I sensed a difference, and a number of people here, Republican and Democratic alike, have sensed a difference.”

Mr. Mukasey insisted there had been no pressure from the White House on Wednesday, saying, “I received no criticism.”
But just watch, a man who refuses to state whether or not something as abhorrent as waterboarding constitutes torture will sail into his position. And the joke is that his position is that of chief law officer for the United States.

Click title for full article.

Sunday, August 05, 2007

House Passes Changes in Eavesdropping Program

It will come as no great surprise to anyone that the House has passed Bush's amendments to FISA. Bush has not only refused to follow the law regarding FISA, but he has consistently insisted that the FISA law did not need updating, which made his recent insistence that it must be updated as a matter of urgency all the more bizarre.

The legislation makes changes to the Foreign Intelligence Surveillance Act, known as FISA.

There was no indication that lawmakers were responding to new intelligence warnings. Rather, Democrats were responding to administration pleas that a recent secret court ruling had created a legal obstacle in monitoring foreign communications relayed over the Internet.

They also appeared worried about the political repercussions of being perceived as interfering with intelligence gathering. But the disputes were significant enough that they are likely to resurface before the end of the year.

Democrats have expressed concerns that the administration is reaching for powers that go well beyond solving what officials have depicted as narrow technical issues in the current law.

In a statement issued late Saturday, Mr. Bush said he would “sign this legislation as soon as it gets to my desk.” The Senate approved its version of the bill on Friday.
The new laws will be effective for the next six months, although senior Democratic leaders say that they are not going to wait that long before they propose changes.

Representative Silvestre Reyes, Democrat of Texas and chairman of the House Intelligence Committee, said Friday that the bill the administration wanted would allow wiretapping without warrants as long as it was “concerning a person abroad.” As a result, Mr. Reyes said, the law could be construed as allowing any search inside the United States as long as the government claimed it “concerned” Al Qaeda.

Democrats said their suspicions had been fueled in part by the White House’s repeated reluctance to ask Congress for technical changes addressing issues that should have been apparent long ago.

In a recent letter to a Republican on the committee, Representative Heather A. Wilson of New Mexico, Mr. Reyes noted that Congress had updated the FISA law eight times since the Sept. 11 attacks.

“You repeatedly claim that FISA is woefully outdated,” Mr. Reyes wrote. “Neither you nor the administration raised concerns during consideration of those bills that the statutory changes proposed were inadequate.”

It is fairly astonishing that there has been such a breakdown on matters of national security between the Republicans and the Democrats since 9-11. Here in Britain, the need to confront the terrorist threat is about the one thing that the main parties can agree on.

However, the Bush administration's cavalier attitude to the law - Guantanamo Bay, suspension of Habeas Corpus, wiretapping without warrants from FISA etc, - have led to an unavoidable chasm of mistrust. Blair was said to have consulted Cameron and Menzies whenever he proposed any course of action that might have been controversial, knowing that it was important that he kept the other political parties on board. In the United States this has not been possible because Dick Cheney and others have set out, from the first day of the Bush administration, to reclaim powers that they think the executive has given up since the Nixon administration. The Bush administration has been cloaked in secrecy which means, whenever they make this kind of request, no-one is ever taken inside the loop and told exactly why the changes they are demanding are so important. The administration simply make the demand and impugn the patriotism of anyone who asks why they need such vague powers.

This has never been truer than in the past eighteen months when it was leaked that the President has authorised warrantless wiretapping, outside of the rules of FISA, and that he refuses to stop doing so.

Then there is the other matter of any time this administration is asked to account for itself at Congressional committee hearings, it either refuses to send people who have been subpoenaed, or it sends Alberto Gonzales along to lie or to claim a memory loss which is so profound that, in anyone else, would signal the onset of Alzheimer's disease.
The House Democratic leadership had severe reservations about the proposal and an overwhelming majority of Democrats opposed it. Speaker Nancy Pelosi said the measure “does violence to the Constitution of the United States.”
And that, more than anything else, explains the chasm of mistrust between the Democrats and the Republican party. The current President refers to the Constitution as “just a goddamned piece of paper!” The fact that he has so little respect for this "piece of paper" that he has worn a solemn oath to "preserve, protect, and defend" was always going to lead to a rift between the two main parties.

Giving someone with so little respect for the Constitution the amount of unchecked power that has now been handed to Bush is a grave mistake. And, based on past behaviour, it is a power that he will almost certainly abuse.

Click title for full article.

Friday, June 22, 2007

Thursday, June 14, 2007

Follow-Up Hearing on GSA Misconduct: Waxman's Opening

The Oversight and Government Reform Committee holds a hearing, "Continuing Allegations of Misconduct at General Services Administration." The hearing will examine statements made by GSA Administrator Lurita Doan that impugn the reputation of federal officials who cooperated with a Committee investigation into Ms. Doan's conduct at the General Services Administration. Chairman Waxman gives opening remarks.



Wednesday, May 16, 2007

Comey Testifies that the President Broke the Law

Comey testified as follows:

(i) that he, OLC and the AG concluded that the NSA program was not legally defensible, i.e., that it violated FISA and that the Article II argument OLC had previously approved was not an adequate justification (a conclusion prompted by the New AAG, Jack Goldsmith, having undertaken a systematic review of OLC's previous legal opinions regarding the Commander in Chief's powers);

(ii) that the White House nevertheless continued with the program anyway, despite DOJ's judgment that it was unlawful;


(iii) that Comey, Ashcroft, the head of the FBI (Robert Mueller) and several other DOJ officials
therefore threatened to resign;

(iv) that the White House accordingly -- one day later -- asked DOJ to figure out a way the program could be changed to bring it into compliance with the law (presumably on the AUMF authorizaton theory); and


(v) that OLC thereafter did develop proposed amendments to the program over the subsequent two or three weeks, which were eventually implemented.


The program continued in the interim,
even after DOJ concluded that it was unlawful.



UPDATE:

This is simply mind boggling stuff and proof that Bush acted outside of the law even after he had been told that the programme he was engaged in was illegal.

Read Glenn Greenwald's take on this:
Yet even once Ashcroft and Comey made clear that the program had no legal basis (i.e., was against the law), the President ordered it to continue anyway. As Comey said: "The program was reauthorized without us and without a signature from the Department of Justice attesting as to its legality."

Amazingly, the President's own political appointees -- the two top Justice Department officials, including one (Ashcroft) who was known for his "aggressive" use of law enforcement powers in the name of fighting terrorism and at the expense of civil liberties -- were so convinced of its illegality that they refused to certify it and were preparing, along with numerous other top DOJ officials, to resign en masse once they learned that the program would continue notwithstanding the President's knowledge that it was illegal.

The overarching point here, as always, is that it is simply crystal clear that the President consciously and deliberately violated the law and committed multiple felonies by eavesdropping on Americans in violation of the law.
There is now a very clear case for impeachment. Even the Washington Post - as pro-Bush a newspaper as one could find - recognises that this is "an account of Bush administration lawlessness so shocking it would have been unbelievable coming from a less reputable source."

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Thursday, April 26, 2007

Dennis Kucinich Introduces H Res 333 to Impeach VP Cheney



Ten Easy Steps to a Fascist America.

There's a wonderful article by Naomi Wolf in the Guardian this week, which examines the recent military coup in Thailand and the shopping list of freedoms that the regime removed in order to dismantle democracy.

Wolf argues that, although the Thai regime were improvising as they went along, they were essentially following a blueprint that has been set down by fascists over the centuries.

Wolf further argues that, because Americans are born under freedom, they have a very hard time ever imagining those freedoms being removed from them, which actually makes them strangely susceptible to that very thing.

It is very difficult and arduous to create and sustain a democracy - but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
She then sets out the ten steps that a fascist dictator would have to take in order to essentially suspend democracy.

1. Invoke a terrifying internal and external enemy

After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a "war footing"; we were in a "global war" against a "global caliphate" intending to "wipe out civilisation". There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space - the globe itself is the battlefield. "This time," Fein says, "there will be no defined end."

After the horrendous events of 9-11 Bush declared an open ended war, what Orwell referred to as "perpetual war". It is a war which has no easily defined conclusion. It is not, for example, like the Falklands war, where the planting of a flag in Port Stanley tells us that our objective has been achieved. This war is without any obvious conclusion, and this is deliberately so. Only by declaring a war so amorphous could Bush so easily have segued from the pursuit of al-Qaeda to the invasion of Iraq.

From there we know that Bush and Co would have really liked to expand their war into Iran and Syria, another two country's with no link to 9-11. The point of the open war is that Bush can continually claim for himself the power's of a war time President and challenge the patriotism of any who question him. But one must remember that declaring an open ended war was a chosen response. It was not necessary that Bush did this.

He could have decided to track down al-Qaeda, but he didn't. He decided to wage war against terrorism. By casting his net this wide he granted himself an astonishing amount of leeway.

2. Create a gulag

Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal "outer space") - where torture takes place.

Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can't investigate adequately.

But Americans still assume this system and detainee abuses involve only scary brown people with whom they don't generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: "First they came for the Jews." Most Americans don't understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.

At first we are told the people being sent to such a terrible place are "the worst of the worst". Eventually, of course, Americans will learn that even their own citizens are capable of being thrown into such legal limbo, as in the case of Jose Padilla, confirmed by President Bush as an "enemy combatant". There are many on the right who take comfort from the fact that American courts have at least ensured that Padilla must face a military tribunal, but even this is not without precedent.
The establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People's Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials.
It's very hard when one looks at the tribunal currently being held to come the conclusion that these are anything other than show trials.

3. Develop a thug caste

When leaders who seek what I call a "fascist shift" want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.

The years following 9/11 have proved a bonanza for America's security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution.

I have been writing recently about the unprecedented power that this militia army enjoys in Iraq, where it roams free from any chance of prosecution, but after Hurricane Katrina hit New Orleans, Bush employed these militia armies on American soil. They were reported to have fired at unarmed civilians in that city.

4. Set up an internal surveillance system

In Mussolini's Italy, in Nazi Germany, in communist East Germany, in communist China - in every closed society - secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.

In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens' phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.

All surveillance programmes are always to protect the citizen from foreign intervention according to the regime that installs it. The real function of the programme is to discourage dissent and create the fear that one must be careful as one is constantly being watched.

5. Harass citizens' groups

The fifth thing you do is related to step four - you infiltrate and harass citizens' groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.

Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 "suspicious incidents".
Whilst all this is going on, the definition of terrorism is slowly expanded to include one's political opponents. In a recent change in US law, animal rights activists have been labelled, "terrorists". Yesterday on the radio I heard John Reid refer to hackers as "electronic terrorists". This is what happens, the term expands until it includes anyone who offers any opposition.

6. Engage in arbitrary detention and release

This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a "list" of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.

What kind of person could find themselves on such a list in the US? "Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela's government - after Venezuela's president had criticised Bush; and thousands of ordinary US citizens."

But how would one get on to such a list? Professor Walter F Murphy, emeritus of Princeton University, was stopped as he tried to board a plane "because I was on the Terrorist Watch list".

"Have you been in any peace marches? We ban a lot of people from flying because of that," asked the airline employee.

"I explained," said Murphy, "that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution."

"That'll do it," the man said.

So speaking out against Bush's violations of the Constitution is enough to have one included on a terrorist watch list.

7. Target key individuals

Threaten civil servants, artists and academics with job loss if they don't toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile's Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.

There is a long record of the Bush regime and their supporters of having certain academics removed from their posts because their thinking and teachings were not "co-ordinated" as Goebbels might have put it. We have also recently witnessed the firing of 8 US Attorney's for failing to carry out the wishes of the regime.

8. Control the press

Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s - all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.

The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened "critical infrastructure" when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.

Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy - a form of retaliation that ended her career.

Then of course, there are the cases where the US has actually shot and killed reporters in Iraq and, of course, we have the US attack on Al Jazeera television.

And, as we witnessed only yesterday, there is the almost constant planting of false news stories in the media causing a sort of muddying of the waters, where one becomes unsure of what is true or false, which eventually lessens the citizens demands for accountability.

9. Dissent equals treason

Cast dissent as "treason" and criticism as "espionage'. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of "spy" and "traitor". When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times' leaking of classified information "disgraceful", while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the "treason" drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.

What's scary about this is just how keen Bush's supporters have been to label any form of dissent as treason. The most ridiculous example having happened only the other day, when Tom Delay accused Harry Reid of treason for daring to say that the Iraq war was lost.

One must never forget that Bush has granted himself the power to label any American citizen an enemy combatant; the definition of which he, and he alone, gets to define.

10. Suspend the rule of law

The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency - which the president now has enhanced powers to declare - he can send Michigan's militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state's governor and its citizens.

Even as Americans were focused on Britney Spears's meltdown and the question of who fathered Anna Nicole's baby, the New York Times editorialised about this shift: "A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night ... Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any 'other condition'."

I've condensed Wolf's article as much as I could and recommend you read the whole thing by clicking on the title. She concludes:

Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini's march on Rome or Hitler's roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.

Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.

It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere - while someone is being tortured, children are skating, ships are sailing: "dogs go on with their doggy life ... How everything turns away/ Quite leisurely from the disaster."

What is undeniable though is that Bush has carried out every action that one would normally associate with the early days of a fascist regime, he has granted himself the same kind of powers and he has done so with Republicans and their supporters applauding him every step of the way and attacking the patriotism of anyone who objects.

Sitting on the other side of an ocean it is very hard to equate the US of 2007 with the US that Bush took over in 2001. The United States of 2001 was not one that anyone on the planet associated with torture and secret detention centres. That was simply unthinkable. Likewise, the suspension of Habeas Corpus was something that I would have imagined Americans would have revolted over rather than idly sitting by whilst these fundamental freedoms were removed.

The only thing that gives me any form of comfort is that the American people had the good sense to elect the Democrats in the November mid term elections and restore a system of checks and balances which the Republicans had been criminally negligent in upholding.

However, that is but a finger in the sea wall with regard to what has been lost.

Click title for full article.

Sunday, April 08, 2007

Quiet Revolution

Alliance for Justice, with New View Films and Parrhesia Pictures, Inc., has produced a provocative short documentary entitled "Quiet Revolution." Hosted by Emmy award-winning actor Bradley Whitford, the film features U.S. Senator Barack Obama and describes how an increasingly influential movement on the far right has waged a sustained war on the Constitution as we know it.

This explains what the arguments are concerning Bush's attempts to expand executive power, powers that people like Cheney are very keen to see expanded.







Thursday, April 05, 2007

Bush names 3 to posts, angering Democrats

The final proof that Bush is an unconstitutional arsehole comes with this news:

President George W. Bush has used the congressional recess to fill the ambassadorship to Belgium and two domestic policy positions, provoking Democratic anger.

Though Bush and the new Democratic leadership in Congress pledged just three months ago that they would work cooperatively, they are now on a collision course in several areas, including the role of Congress in foreign policy and the administration's dismissal of eight federal prosecutors.

Under the Constitution, when Congress is in recess, the president may fill jobs without the usual Senate confirmation, and the appointees stay in place through the end of the current session of Congress. In this case, that is just before Bush leaves office in January 2009.

The new ambassador is Sam Fox, a major Republican donor who withdrew his name for the job in late March when it became clear that Democrats on the Senate Foreign Relations Committee were lining up against him.
The whole idea behind the constitution is to find consensus, and we all know Bush pulled Fox's name because he was fully aware that no such consensus existed.

So now he uses a Congressional recess to push through that which he knew Congress would not allow were it sitting.

Is this the same man who spoke of wanting to engage in non-partisan politics?

Any sleazebag who deals this fast and loose with the Constitution deserves the same treatment meted back to him.

Balkanisation puts it like this:
The excuse the President offers is the Recess Appointments Clause (RAC) of the Constitution, art. II, sec. 2, cl. 3, which provides that "The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session." The Senate is currently in the midst of an eleven-and-a-half-day adjournment; presumably Fox and the other three "recess appointees" will be appointed toward the very tail end of that Senate recess, just before the Senate returns. The President's view is (i) that this short Senate adjournment, in the middle of a "Session," is "the Recess" to which the RAC refers, and (ii) that the vacancies for Ambassador to Belgium and the other federal offices "happen" during this "recess," even though the offices became vacant long before the Senate adjourned.
There is no way that Bush's reading of the Constitution is even remotely like he would have us believe it is. He knows exactly what he has just done. He has stuck his middle finger up to the Constitution.

John Kerry puts it more politely that I feel at the moment:
"It's sad but not surprising that this White House would abuse the power of the presidency to reward a donor over the objections of the Senate," Kerry said Wednesday after the appointments were announced. "Unfortunately, when this White House can't win the game, they just change the rules, and America loses."
When he vetoes the funding bill for the Iraq war, the Dems should simply send it back to him unchanged. And every time he vetoes, they should repeat it and insist that this shallow shyster acknowledge the will of the democratically elected other chamber.

The function of the Senate is to act as a check on the executive. Bush has stopped playing ball. So should they. Non-partisan politics doesn't simply mean Bush gets to tell everyone else what he wants to do and that they obey.

Click title for full article.

Wednesday, April 04, 2007

Daddy, what's that scary fucking thing in the bushes!

Bush: "The bottom line is this: Congress's failure to fund our troops on the front lines will mean that some of our military families could wait longer for their loved ones to return to the front lines. And others could see their loved ones headed back to the war earlier than they need to. That is unacceptable to me, and I believe it is unacceptable to the American people."
That's a big fat lie. The Dems have just passed a bill funding the Iraq war. It's Bush that seeks to veto it because he doesn't like what's attached to it. And what does he mean, this is "unacceptable to the American people?" He's doing that thing that all right wingers do and confusing what he thinks with facts. The American people want this war over, and voted for the party that they thought would end it.

The funniest part of this is Cheney skulking in the bushes. I usually walk in the park first thing in the mornings, but that sight has put me off my daily stroll.



Thursday, March 29, 2007

GSA Misconduct Hearings: Bruce Braley and Lurita Doan

Rep. Bruce Braley (D-IA) questions Lu... Rep. Bruce Braley (D-IA) questions Lurita Doan, GSA Administrator. The Committee on Oversight and Government Reform holds hearings on allegations of misconduct in GSA. Lurita Doan is questioned on many allegations, which include using GSA facilities for partisan, Republican activities and improperly awarding federal contracts.

She gives an extraordinarily unconvincing performance. Reagan got away with this defence only because he was thick as a post, which actually helped people believe the government was being run by people other than himself. Doan comes across as someone who's lying very badly.



Hat tip to Anything They Say

Wednesday, March 21, 2007

Truculent Bush tries to hang on to Gonzales.

Alberto Gonzales looks to all the world like a dead man walking, like a man who simply has to be fired. However, it is at moments like this that Bush always displays his truculence, his almost adolescent belief that the world is picking on him and - like any immature adolescent - he digs his heels in and refuses to budge, seeing himself as the victim of some injustice.

It is the exact same quality that made him double down his bet in Iraq and implement "surge and accelerate" rather than take the advice of the Baker report. Where he imagines he's displaying leadership, the rest of the planet sees only adolescent stubbornness. A refusal to admit to any reality that doesn't conform to his preconceived notions of what should be.

And so it is with Gonzales:

In a statement from the White House last night, Mr Bush said of the attorney general: "He's got support with me." The president threatened confrontation with the Democrats when he refused to allow White House officials including Karl Rove to testify in public before a congressional committee looking into the sackings.

Mr Bush said he would only allow private testimony to be given and would fight any attempt at subpoenas. "We will not go along with a partisan fishing expedition aimed at honourable public servants."
This is typical Bush-speak. Any evidence against him or his administration is labelled "partisan". This is because Bush prides himself as being someone who is above "politics", despite the fact that he runs the most partisan administration since Nixon. This is a man who, when he calls for non-partisan politics, actually means he'd like Democrats to do what he wants them to do. Non-partisan means giving him what he wants in his adolescent fantasy world.

You see also how, like any truculent teenager, Bush has managed to turn his refusal to co-operate into an act of nobility, as if his honour itself is at stake. Anyone familiar with teenage temper tantrums recognises the pattern.

However, Bush is pulling this hissy fit at the very moment that Republican support is draining away from Gonzales.

In a sign of Mr Gonzales's loss of support among Republicans as well as Democrats, the senate voted overwhelmingly yesterday to end the Bush administration's power to appoint prosecutors on its own. The senate passed a bill by 94 to two that overturned a provision in the Patriot Act that gave Mr Bush the power.

Surely even Bush can read the writing on the wall when it is written that largely? But no, he is ploughing on, no doubt seeing his stupidity as the noblest form of loyalty.
The White House deputy press secretary, Dana Perino, denied press reports that the administration was already looking at potential successors to Mr Gonzales. She said: "The president reaffirmed his strong backing of the attorney general and his support for him. The president called him to reaffirm his support."
This ploy would have some chance of succeeding if it were merely Democrats who were calling for Gonzales to go, however, even Republicans are now openly calling for his head.

But Bush has made his way to his bedroom, slammed the door, and is refusing to come out because it's all, "not fair!"

And now the entire American system of government stands outside the door listening as George destroys his bedroom.

He'll come out eventually. And, when he does, Gonzales will be gone.

Click title for full article.

Thursday, March 15, 2007

Watch Out, Rove! Leahy Promises Subpoenas

In an interview on The Situation Room today, Chariman of the Senate Judiciary Committee Pat Leahy vowed to get to the bottom of the White House/DoJ's prosecutor purge and told Wolfie that Karl Rove can expect a subpoena if he refuses to come willingly.



Hat tip to Crooks and Liars.

Wednesday, February 14, 2007

EU endorses damning report on CIA

The European parliament has approved a report which states that members colluded with the US in acts of rendition that allowed the CIA to whisk suspects off to secret detention centres where it is alleged they may have been tortured.

The UK, Germany and Italy were among 13 states which allowed the US to forcibly remove terror suspects, lawmakers said.

The EU parliament voted to accept a resolution condemning member states which accepted or ignored the practice.

The EU report said the CIA had operated 1,245 flights, some taking suspects to states where they could face torture.

The report was adopted by a large majority, with 382 MEPs voting in favour, 256 against and 74 abstaining.
Although the report has no basis in law it has been welcomed by Amnesty International who are now calling for European country's to have their own independent enquiries, which will never happen as many country's involved have already been berated in the report for failing to co-operate with the inquiry.

Many of those taken from EU states were subjected to torture to extract information from them, the report said.

It said there was a "strong possibility" that this intelligence had been passed on to EU governments who were aware of how it was obtained.

It also uncovered the use of secret detention facilities used as the flights made their journey across Europe towards countries such as Afghanistan.

The report defines extraordinary renditions as instances where "an individual suspected of involvement in terrorism is illegally abducted, arrested and/or transferred into the custody of US officials and/or transported to another country for interrogation which, in the majority of cases involves incommunicado detention and torture".

Centre right groups in the European parliament have already condemned the report as "anti-American", as if torture and rendition were somehow American values.

This is where the fear and panic in the war on a noun has led certain people. There are politicians who will actually condemn the people who expose torture and rendition, implying that they are motivated out of hatred for the US rather than revulsion at the acts that are being carried out in all of our names.

I've never understood how this right wing mindset works. They seem to think that one can win a "battle of civilisations" (as they love to portray it) by giving up the very values that define us as civilised.

One would have hoped that there would at least be a sense of shame once this activity was exposed but no, what we have is a rush to question the integrity and intentions of the people exposing the crime. Extraordinary.

Click title for full article.

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Tuesday, January 23, 2007

Gonzales: "The Constitution does not say that every citizen has the right to habeas corpus."

This defies belief. The final proof that Bush and his gang are dangerous lunatics.

GONZALES: "The Constitution does not say that every citizen has the right to habeas corpus.”
What does one say to people this deranged? Why hasn't this man been fired? He's blatantly incompetent.



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