“It is literally impossible to conceive of any mindset more at odds with…basic principles than the one that urges that Barack Obama – unlike George Bush or Mitt Romney or whoever the scary GOP villain of the day is – can be trusted to unilaterally and secretly kill or imprison or surveil anyone he wants because he is a Good man and a trustworthy leader and therefore his unproven accusations should be assumed true. But this is, overwhelmingly, the warped and authoritarian sentiment that now prevails in the bulk of the Democratic Party and its self-identified ‘progressive’ faction, just as it did in the GOP and its conservative wing for eight years.”
I’ve said this before, but there’s an easy available metaphor to explain why what the administration is doing here is so unhealthy and reprehensible. As with the Ring, so too with indefinite detention, state secrets, extrajudicial assassinations, unmitigated use of drones, and the rest of the dark tools comprising today’s GWOT arsenal. It does not matter who tries to wield them — they will corrupt regardless, not to mention leave a trail of undeserving dead in their wake.
So, how about that Election Night? Once you factor in that the ridiculous gerry-mandering of 2010, coupled with Obama’s terrible, coattail-cutting first debate performance, killed any chance of Democrats retaking the House, Tuesday night went about as well as it possibly could. Every swing state except North Carolina swung blue. The Senate kept some of its best progressives (Sanders, Brown) and added a few more very promising contenders (Warren, Baldwin). Gay marriage and marijuana decriminalization both made important footholds. California moved to end Howard Jarvis’ Tax Revolt, now in its fourth decade. And the Republicans — again, the House notwithstanding — were routed, and their cruel Ayn Rand-inflected ideology decisively repudiated at the polls.
All things considered, it was a great night, and all the more for what it portended about elections to come. Ever-growing in recent years, the Rising American Electorate — unmarried women, people under 30, people of color — showed its power on Tuesday night, displaying its centrality as the backbone of our new Democratic coalition and sending Karl Rove, Bill O’Reilly, and other White Men of a Certain Age into very public paroxysms of despair. (Good times. Enjoy that 2004 experience, y’all.) And while the Republican base is looking long in the tooth these days, our Democratic coalition is only continuing to grow.
As I noted in 2010, even despite the dismal showing then, demography is destiny, and the rest of the country is and will continue to experience Californication. Today we got the first taste of what a really multicultural America will be like at the polls. See also David Simon of The Wire and Treme on this: “A man of color is president for the second time, and this happened despite a struggling economic climate and a national spirit of general discontent. He has been returned to office over the specific objections of the mass of white men. He has instead been re-elected by women, by people of color, by homosexuals, by people of varying religions or no religion whatsoever. Behold the New Jerusalem. Not that there’s anything wrong with being a white man, of course. There’s nothing wrong with being anything. That’s the point.“
So, all in all, 2012 was a great victory for we progressives, and things are suddenly looking up. But, of course, we’ve been here before.
I really hope President Obama and his closest advisors are looking at the same demographic realities as the rest of us, and that he decides to spend his second term governing closer to what he promised back in 2008. But I trusted in hope last time around, and, needless to say, thatdidn’tget itdone.
The fact of the matter is our Democratic standard-bearer, at least up to this point, is behaving and governing in a fashion that is clearly to the right of the growing Democratic base that got him elected and now re-elected. No more benefit of the doubt: It is up to us to put pressure on this administration to make sure they hold to the promises they’ve made. That work has to begin right now.
We all know what’s coming up first, and Glenn Greenwald already laid out the dismal pattern we can expect — and need to break — on the Grand Bargain front. True to form, Peter Orszag — and what does it say about our president’s priorities that he staffed up his first administration with this kind of jackass? — has already sent out the let’s-fiddle-with-social-security trial balloon. Erskine Bowles’ name has been aggressively floated as the new SecTreas and High Inquisitor in the matter of the Deficit Witches. By all accounts, President Obama seems to think he can play Nixon-in-China on Social Security and Medicare. But this is not at all why voters gave him a Democratic mandate, and that’s exactly the sort of wrong-headed notion, coupled with Katrina, that turned the electorate against Dubya in 2005.
In his victory speech on Tuesday night, President Obama continued his recent turn toward the progressive rhetoric of citizenship and self-government. He said: “The role of citizens in our Democracy does not end with your vote. America’s never been about what can be done for us. It’s about what can be done by us together through the hard and frustrating, but necessary work of self-government. That’s the principle we were founded on.”
On one hand, I should be overjoyed that the President has taken this rhetorical turn, since it’s something I’ve been pushing for here for as long as GitM has been running. At the same time, President Obama has shown over the years an irritating penchant for co-opting progressive rhetoric only to serve centrist, corporatist, and/or neoliberal ends. It would be a shame if we let that happen again.
A presidency really concerned with fostering civic responsibility and self-government would look quite different than the one we have experienced up to this point. In the strictest and most literal sense, it would acknowledge, sometime before the second-term election night, that both our voting and campaign finance systems have been broken for decades, and require a significant overhaul. But, even more than that, a philosophy of encouraging citizenship and self-government presupposes different priorities and different policies.
First and foremost, to paraphrase Franklin Roosevelt, it would recognize that necessitous men and women are not free men and women, and work harder to ensure everyone has the basic economic liberty to choose their own path through life. It would not, to take just one example, make the center of their housing reform a foreclosure program designed to help banks rather than homeowners.
An administration advocating citizenship and self-government would do more to emphasize the fundamental importance of education at all levels, and invest mightily not just in schools and teachers but in after-school programs, early childhood education, anti-poverty and anti-hunger initiatives, and all the other efforts that can help alleviate the various and persistent environmental factors limiting children’s potential in America. That requires a significantly different and more comprehensive approach to the education issue than simply competitive grants that reward grant-writing skills and teaching to the test.
It would mean emphasizing a conception of citizenship that is broader and richer than just a world of workers, consumers, and automatons — one that, as per Walt Whitman, Ralph Waldo Emerson and Herbert Croly, encourages introspection, critical thinking, and self-exploration. This is a hard nut to crack, of course. But at the very least we could fight to give more men and women freedom from the necessities of work to do whatever it is they want to do. We are not just our jobs, or at least we shouldn’t be, unless that’s what we want. That means pushing for a higher minimum wage, equal pay for men and women holding the same job, increasing access to affordable child care, more worker protections, and a shorter work week.
Emphasizing self-government only works if the political system remains accountable to its citizens. That means, along with voting and campaign finance reform, working to break the hold of any particular special interest over the political process — namely, corporate power. But as Matt Stoller, Glenn Greenwald, and others have noted, this administration has perpetuated and even accelerated a two-tiered system of political and economic justice in America. The losses of bankers and corporate elites have been subsidized by the public, even when they clearly broke the law. Meanwhile, the average homeowner and debtor has been disparaged and left on their own underneath a crushing burden — so much so that inequality has actually increased over the last four years. Similarly, the Bush-era torture regime has been swept under the rug, while whistleblowers have been aggressively prosecuted. This will not do.
Meanwhile, even though Obama himself has been a user of illcit drugs, as have the last several presidents, there has been no attempt at all by this administration to undo the drug war destroying communities and putting so many in jail — Quite the contrary, in fact. Nor has this administration done anything to stop the reprehensible practice of private prisons selling their “workforce” as forced labor.
Citizenship is a bond — Being a citizen means that one is part of a larger community and has a stake in it, a sense that we’re all in it together. So emphasizing citizenship means investing in big projects and big ideas that bring the American community together in larger purpose, from a massive rebuilding of America’s infrastructure to a re-energized space program to a WWII-sized response to the climate change crisis. Instead, this administration has trafficked in deficit hysteria for several years, and clearly plans to bring another dose of it in the months and years to come. Meanwhile, the biggest project we have been involved with as a people in recent years is expending blood and treasure on remaking Afghanistan and Iraq. This, it is now clear, has been not just a considerable waste of public resources, but a policy that has resulted in thousands and thousands of lives lost around the world.
Especially in America, where we are tied together not by blood but by an idea, being a citizen also means agreeing on a story — a shared narrative that ties the members of the community together. Because our connection is a story — even a fiction, some might say — it is all the more important that our government uphold the founding values of that story. (As Charles Pierce eloquently argues here, this is why Obama’s re-election is important independent of everything else — it reaffirms our conviction that race is no longer any barrier to the highest office in the land.) But, quite obviously, this administration has not lived up to our founding ideals in many ways, especially with regard to how it has prosecuted the War on Terror. As Mark Danner says in the piece I just linked, “President Obama has taken a position so strongly in favor of unremitting military violence that he has left his Republican rival, struggle though he may to shoulder his way past him, no place to stand.” And let’s be honest: As a party, we Democrats utterly failed to call the president out on this.
So, yes, an emphasis on citizenship and self-government could very well be the basis of a new progressive politics. But, unless he makes a marked shift from his first term, I fear this president is just going to use these words as a new rhetorical toolbox to push for more half-assed, neo-liberal Third Wayisms and lousy Republican ideas from the mid-80′s. We face dire problems in this country, and yet this administration is somehow afraid to even consider the time-tested New Deal ideas, from public works to the HOLC, that worked in the past.
The only way President Obama will make that progressive shift, it is now clear, is if the American people push him in that direction. In this, what Obama said on election night is absolutely correct. No matter what the president has said on the campaign trail, we can no longer hope this administration will bring change we can believe in. He is going to have to be forced into it by a Democratic electorate that refuses to accept anything less. It’s not a coincidence that the two progressive reforms Obama finally embraced this year — same-sex marriage and the DREAM Act — were ones that had passionate, vocal, and uncompromising reform movements behind them.
The election results showed that progressives are and can be ascendant in America. But we need to be much tougher on this administration than we have been in the past. Lip service to good intentions and progressive ideals is no longer satisfactory. And that hard work of keeping this administration in line has to begin right now, before the tentpoles of our current social insurance system are chipped away at by way of Grand Bargain.
Democrats just elected this president for a second time, and we don’t want to see any more compromising with and capitulating to economic terrorists. It is past time for this president and this administration to do right by us.
“All Guinness sold in Ireland, the U.K., and North America is made in Dublin — so the time it takes for a keg to cross the Atlantic puts it at an immediate disadvantage. What’s more, since your average Irish watering hole probably sells more Guinness than its American counterpart, the chances are much higher that a patron there will get a pour from a fresh keg.“
“For over two decades, bin Laden has been al Qaeda’s leader and symbol, and has continued to plot attacks against our country and our friends and allies. The death of bin Laden marks the most significant achievement to date in our nation’s effort to defeat al Qaeda. Yet his death does not mark the end of our effort. There’s no doubt that al Qaeda will continue to pursue attacks against us. We must — and we will — remain vigilant at home and abroad.“
All that being said, the second half of the president’s statement above is troubling. The death of Bin Laden should mark the beginning of the end of the 9/11 decade. With the splinter finally removed, it is time to take a long hard look not just at our continuing war in Afghanistan — after all, Osama was eventually found in Pakistan, mainly through what the Bunk would call good po-lice work — but at all the questionableand/orextra-constitutional actions we have taken in the name of fighting the terr’ists since September 11th. (Newsflash: Torture had nothing to do with capturing OBL.) If the death of Bin Laden doesn’t move us to this reconsideration, what then ever will?
Unfortunately (and of course), that doesn’t seem to be what’s happening. Instead, Congress is laying the foundation fora wider war: “Contained in the National Defense Authorization Act for 2012 is a new authorization to use military force that would grant the executive branch the power to ‘address the continuing and evolving threat posed by these groups.’ In practice, that means the president could use military force against any suspected terrorist across the globe — indefinitely.“
Indefinite war? No thanks. There’s been an eerie touch of Emmanuel Goldstein in the way Bin Laden was used to justify all manner of extraconstitutional actions and civil liberties violations under Dubya — actions that have beenratifiedand continued under Obama. Now that the Bogeyman is dead, it’s time to stand down. It’s time to start acting like America again.
“Gaddafi is crazy and evil; obviously, he wasn’t going to listen to our advice about democracy. The world would be fortunate to be rid of him. But war in Libya is justifiable only if we are going to hold compliant dictators to the same standard we set for defiant ones. If not, then please spare us all the homilies about universal rights and freedoms. We’ll know this isn’t about justice, it’s about power.” With an eye toward the crackdowns in Yemen and Bahrain, the WP’s Eugene Robinson wonders, why, exactly, we’re getting involved in Libya. (Pic via Boston’s Big Picture.)
For a counterpoint, Juan Cole argues why the Left should back the current military action: “If we just don’t care if the people of Benghazi are subjected to murder and repression on a vast scale, we aren’t people of the Left. We should avoid making ‘foreign intervention’ an absolute taboo the way the Right makes abortion an absolute taboo if doing so makes us heartless (inflexible a priori positions often lead to heartlessness).“
And, to complete the trifecta, here’s the president explaining his reasoning for intervention: “Left unchecked, we have every reason to believe that Qaddafi would commit atrocities against his people. Many thousands could die. A humanitarian crisis would ensue. The entire region could be destabilized, endangering many of our allies and partners. The calls of the Libyan people for help would go unanswered. The democratic values that we stand for would be overrun. Moreover, the words of the international community would be rendered hollow.“
“‘There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning,’ he wrote. ‘This treatment is even more degrading considering that Pfc. Manning is being monitored — both by direct observation and by video — at all times.‘”
The president, meanwhile, assures us everything is ok because the Pentagon said so: “I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are.” This, as Glenn Greenwald (who’s been on top of this all the way) points out, is exactly the same rationale Dubya used to use: “‘When [Bush] asked ‘the most senior legal officers in the U.S. government’ to review interrogation methods, ‘they assured me they did not constitute torture.’” Well, ok then.
Should Manning be in U.S. custody right now? Yes. He took an oath to the United States military and, knowing full well the consequences, broke it in an act of civil disobedience. If you can’t do the time, don’t do the crime — I get that. But should Manning be abused and tortured in U.S. custody? Of course not — Nobody should be. In fact, I thought we elected Barack Obama as president to make sure this never happened again.
Update: “Based on 30 years of government experience, if you have to explain why a guy is standing naked in the middle of a jail cell, you have a policy in need of urgent review.” P.J. Crowley reflects on his recent firing. “I stand by what I said. The United States should set the global standard for treatment of its citizens – and then exceed it. It is what the world expects of us. It is what we should expect of ourselves.“
“I brought my American passport today in case I die today,” said Marwan Mossaad, 33, a graduate student of architecture with dual Egyptian-American citizenship. “I want the American people to know that they are supporting one of the most oppressive regimes in the world and Americans are also dying for it.“
As Slate‘s Kai Bid notes: Nor do we want to alienate the Egyptian people further by seeming to back a cruel and repressive government that has clearly lost the confidence of its people. “Obama still has the relatively clean slate and the rhetorical powers to execute a pivot in American policy. In his June 2009 Cairo speech Obama said, ‘America respects the right of all peaceful and law-abiding voices to be heard around the world, even if we disagree with them. And we will welcome all elected, peaceful governments — provided they govern with respect for all their people.‘”
“We know what it takes to compete for the jobs and industries of our time. We need to out-innovate, out-educate, and out-build the rest of the world. We have to make America the best place on Earth to do business. We need to take responsibility for our deficit and reform our government. That’s how our people will prosper. That’s how we’ll win the future.“
It wasn’t just the bland corporate seminar tagline — Win the Future!™ — that rankled. Here we have a Democratic president — the great hope of the left only two short years ago, imploring us all to clap harder for a five-year budget freeze (only in non-defense, discretionary spending, of course, and still not enough for the GOP), a promise to review regulations that put an “unnecessary burden on businesses,” and a lower corporate tax rate. WTF, indeed.
Now, there’s nothing inherently wrong with national goals like increasing competitiveness and doubling exports (provided you aren’t suppressing wages to do it), and I’ve speculated here on getting rid of corporate taxes in the past. (10/12/00 — Arguably, they’re redundant.) But, really, what a thin gruel to offer the American people at this hour. Is there no other way to answer the challenges of the future than a Tony Robbins slogan and generous heapings of business seminar pablum? Have things gotten so bad for the Left that we’re supposed to applaud a president simply for not explicitly threatening Social Security?
Alas, it looks like that may be the case. In his address, the president made sure to make obeisance once again to the deficit witchhunt: “Every day, families sacrifice to live within their means. They deserve a government that does the same.” What you didn’t hear was any attempt to explain that family and government budgets are not the same, or that cutting spending in the midst of a fragile economic recovery is actually aterrible idea. It’s like Keynesianism never existed.
This administration — and all of Washington, really — is now so prisoner to Republican message-framing that “bring[ing] discretionary spending to the lowest share of our economy since Dwight Eisenhower was President” is somehow considered a great thing. Woohoo! Austerity we can believe in! It’s not the most inspiring peg to hang your hat on, to be sure.
Speaking of Ike, Obama also tried to inject some historical cachet into the speech by talking of one of the Eisenhower Era’s signature events: “This is our generation’s Sputnik moment,” he said, and it probably is.
But, as Fred Kaplan (and others) has well pointed out: “The lesson from the 1950s is that it takes more than private enterprise to revive American innovation. It takes lots of government spending.” And I’m not seeing how the president is going to be able to pull that off anymore, now that he’s willingly enclosed himself — and all of us — in the Republicans’ deficit-scare paddock. To really Win the Future!™, it’s going to take a lot more from this administration than a zippy corporate rebranding and a string of hoary, Third Way cliches.
“Now, if that’s the standard by which we are measuring success or core principles, then let’s face it, we will never get anything done. People will have the satisfaction of having a purist position, and no victories for the American people. And we will be able to feel good about ourselves, and sanctimonious about how pure our intensions are and how tough we are…That can’t be the measure of how we think about our public service. That can’t be the measure of what it means to be a Democrat.
1) Alex Pareene at Salon cut right to the heart of the fallacy on display here: “[Obama] continues to imagine that his liberal critics are upset with the idea that compromises need to be made in order to accomplish progressive policy goals. Some of them are that stupid. But lots of them are actually critics of the White House’s legislative strategy, and their apparent willingness to preemptively compromise before the negotiations have already begun.” Yep.
2) See also Paul Krugman: “Leave aside the merits for a moment: what possible purpose does this kind of lashing out serve? Will activists be shamed into recovering their previous enthusiasm? Will Republicans stop their vicious attacks because Obama is lashing out to his left? It was pure self-indulgence; even if he feels aggrieved, he has to judge his words by their usefulness, not by his desire to vent…[W]hat we really don’t need right now is a president who blames everyone but himself, and seems more concerned with self-justification than with sustaining the alliances he needs.“
3) As I noted on Twitter, the president’s argument here is inherently contradictory. He began his presser by saying he had to make a bad deal because the Right, however wrongheaded, held stubbornly to their convictions. Then he verbally abuses the Left for…holding stubbornly to their convictions. Uh, it seemed to work pretty well for the GOP.
4) Speaking of Twitter, the Twitterverse response to the presidential presser is well worth perusing for gallows humor and hard truths. Take for example, “Obama: This is like the public option fight all over again where I caved and opposed the thing that reduced the deficit.“
5) As manyhavepointedout now, the president is also wrong on his New Deal history. In the presser, he claimed Social Security was only for widows and orphans. Wrong. He’s thinking of the civil war pension system, circa 1862. I know that law degrees are considered the be-all, end-all of our civilization these days, but an ostensibly progressive president not understanding the origins of Social Security is sort of a big effing deal. (And he didn’t just misspeak — He’s said it before.)
6) As historian Thomas Ferguson noted several weeks ago, this is not the first time the president has badly screwed up the history of the New Deal in a way that was ultimately self-serving. (As an aside: Given they they chose to structure a major policy speech around a fake Lincoln quote, his communications staff isn’t much better.)
7) As Dan Froomkin pointed out, Obama’s argument about the public option is also contradictory. He argues that Social Security and Medicare started out small, than belittles the public option because it “would have affected maybe a couple of million people,” i.e. it would’ve started out small.
8) Obama also no longer seems to understand how the public option was supposed to work. Here’s Froomkin: “What the president conspicuously disregarded was that the central point of the public option was that its existence would exert enormous competitive pressure on the private insurance system. The goal was not to serve a particularly large number of people directly — that would only happen if the private offerings were terribly inadequate. The goal was to keep the private sector honest. So no matter how many people it enrolled, ‘the provision,’ as Obama put it “would have affected” tens of millions.” In other words, the public option was designed to be a yardstick. So, even in terms of recent history, there are some serious revisions going on.
9) Politico’s catty analysis of the president’s relationship with Chuck Schumer offered more insights on Obama’s thinking today: “Obama himself warned Schumer that the millionaire strategy could sink the stock market. When a vote on the millionaire plan came up short last Saturday, the administration gloated.” The vagaries of the stock market? Is that really what we’re basing our tax policies on these days? (Also, I don’t think Chuck Schumer, of all people, needs to be informed of when and how Wall Street will balk. I think he has his finger pretty solidly on that pulse.)
11) Obama at the presser again: “Lookat whatI promisedduring the campaign. There’s not a single thing that I’ve said that I would do that I have not either done or tried to do. And if I haven’t gotten it done yet, I’m still trying to do it.” Um…do we really want to go there? Because I’m sure this would be news to Maher Arar. In any case, as a friend pointed out, this isn’t kindergarten — You don’t get a gold star just for “trying.”
Anyways, so, yeah, Obama doesn’t like “the professional left” very much. And, at this point, it’s safe to say the feeling is mutual. As for myself…well, these days I just feel like a sucker.
“When historians look back to the moment when the post-Cold War reign of American power ended, they may well settle on 2010 as a crucial year. Everywhere, it seemed, there were signs that the long-predicted “rise of the rest” had finally occurred, whether in the newfound assertiveness of fast-growing China or the impatient diplomacy of new powers like Brazil and Turkey. Foreign Policy’s second annual list of the Top 100 Global Thinkers fully reflects that new world.“
As above, Foreign Policy has picked its Top 100 Global Thinkers of the year. And, while there are some really atrocious choices on here (for example, the man at #33, who much more deservingly made the list in the next entry too), the article is worth a perusing regardless. (FWIW, #65, #68, and #80 seem really iffy to me as well.)
Imagine for a moment you are president of the United States.
You were just elected in the midst of a worsening economic crisis, one that demands bold action and decisive leadership to confront. Fortunately, you enter office with an historic wind at your back: You enjoy unprecedented enthusiasm and goodwill from millions of new voters, a clear mandate for change, and, most importantly, sizable majorities in both the House and Senate.
You also know that the political opposition — who hold a long and storied record of being ruthless, craven and despicable to get what they want — will try to prevent your agenda by any means necessary.
And, being a student of history, you know that, particularly in the face of a poor economy, this political opposition is very likely to pick up congressional seats in the next election (with a few notable exceptions, one of which I’ll get to in a moment.) In other words, a pendulum swing against you is highly probable, and so the majorities you have are probably as big as they are ever going to get.
Basically, you have two years, and likely two years only, to do pretty much anything you want in order to grapple with this economic crisis. Do you [a] take a page from FDR’s 100 Days, go big, and push hard for the progressive agenda you laid down in your election campaign, which has the added benefit of enthusing the “rising American electorate” that got you elected? Or do you [b] try to ingratiate yourself with people who will always hate you, water down your signature legislative initiatives from the outset, and seemingly go out of your way to depress the lefty base that got you elected?
1) It’s the Economy, Stupid. Though it may be mostly Dubya’s fault, the economy is obviously still in terrible shape. The official unemployment rate hovers just under the double-digits, and real unemployment and underemployment levels are much higher. Household incomes are down, consumer debt is up, millions of homeowners are stuck with underwater mortgages, and millions more feel in danger of slipping under. As everyone knows, when economic times are bad, the party in power suffers.
Compounding the situation, families are feeling under the gun at exactly the same time that those same wealthy few who precipitated the Great Recession are now rolling in dough. Having evaded pretty much any and all serious consequences for the meltdown they created, the Big Brains on Wall Street are instead giving themselves record bonuses, and trying to profit from even more rampant corruption on the foreclosure front. To no one does this ugly sight look like change we can believe in.
2) Republicans voted, Democrats didn’t. Again, not rocket science: Democrats lost because Republicans came out and Democrats stayed home. Look at the breakdown of exit polls: As per the norm in midterms, the 2010 electorate was older than the population at large. (23% of the vote versus 13% of the population.) And 57% of those seniors, worried that the threat of Creeping Socialism might somehow interfere with their federal retirement security and universal health care, pulled the lever for Republicans.
So, working back from these factors — economic performance and voter turnout — it follows that the two best things the administration could have done to improve Democrats’ standing this year would have been to get the economy moving again and to get the Democratic base fired up and ready to go. So what happened? Let’s look at the tape.
The Economy: As Paul Krugman has already pointed out, much of the story of this election was written way back in February 2009, when the Obama administration chose to settle on a stimulus package that was watered-down to appease Republicans who would never, ever vote for it. In fact, thanks to Larry Summers, the stimulus was low-balled from the start — Summers made sure Christina Romer’s higher-end projections for the amount needed never even made it to the president’s desk.
So the crystal was in the steel at the point of fracture, and mainly because Obama, doing the President Goldilocks routine that would become a trademark, watered down the Recovery Act early-on to appease an opposition that was unappeasable.
Going along with this frustrating passivity was the increasing sense over time that this administration, elected to be change we could believe in, was more than a little cozy with the Wall Street yokels who caused the economic disaster in the first place. Yes, TARP was originally Dubya’s baby — not that very many voters seemed to remember that fact. (And it’s hard to blame them when folks like Geithner keep touting its merits.) Still, acceding to the $700 billion bailout for Wall Street — with little to no strings attached — was an extraordinarily inopportune way to kick off an administration theoretically premised on fundamental change.
But, even those fundamental breaks with real reform aside, the entire health care process got badly screwed up when the administration, in a misguided attempt to curry bipartisan favor for reform, let Max Baucus dink around for weeks on the Senate Finance Committee. While Republican Senators Snowe and Grassley played Lucy to Baucus’ Charlie Brown and kept moving the football, the Tea Party August of 2009 took shape, and almost a year in legislative time was lost. And, by the time Baucus finally released the durned thing, the bill had once again been watered down to gain imaginary Republican votes that were never, ever going to be forthcoming.
“I don’t honestly know what this president believes. But I believe if he doesn’t figure it out soon, start enunciating it, and start fighting for it, he’s not only going to give American families hungry for security a series of half-loaves where they could have had full ones, but he’s going to set back the Democratic Party and the progressive movement by decades, because the average American is coming to believe that what they’re seeing right now is ‘liberalism,’ and they don’t like what they see. I don’t, either. What’s they’re seeing is weakness, waffling, and wandering through the wilderness without an ideological compass. That’s a recipe for going nowhere fast — but getting there by November.“
And, hey, look what happened.
Remember how I mentioned a midterm outlier way up at the beginning of this post? That was 1934 — when, in an economy even worse than the one America faces now, Roosevelt managed to pick up seats in both the House and Senate. FDR gave us the 100 Days, a flurry of political activity we haven’t seen before or since. Now, granted, the Roosevelt team did not have to contend with either unfettered money corrupting the system or a pathetic Fourth Estate in a death spiral — both severe problems with our current political culture that must be addressed. Still, when elected in the midst of a similar economic crisis, with similar expectations, this administration did not bring about a 100 Days. It gave us Three Months of Max Baucus dicking around to appease intractable Republicans.
So why did the 2010 shellacking happen? Because of the economy, yes. And because of low turnout, yes. And also because of troubling trends like corrupting money everywhere and a national press in severe decline — The fact that the media followed Christine O’Donnell more than any other 2010 candidate tells you all you need to know about that broken-down disaster we call the Village these days.
But, nonetheless, all of these determining factors were exacerbated in the wrong direction by the administration’s fatal addiction to the Fetal Position fallacy. As I said of this year’s State of the Union address, “people were not looking to President Obama for this sort of deficit tsk-tsking and small-bore, fiddling around the margins. You’d think we Dems would have learned this by now. But curling up into a fetal position and mouthing moderate GOP-lite bromides will not stop the Republicans from kicking us, ever.“
Some argue politics is the art of the possible. That’s true, but I believe much, much more was possible if this administration had actually deigned to fight for it.
Some say the president can only do as much as Congress lets him — he needs 60 votes, yadda yadda yadda. I’d say that he had 60 votes, and even then did not push to make things happen as much as he could. I would also argue that the presidency of the United States is actually a remarkably powerful position these days, that Obama has showed no inclination to act progressive on crucial matters like civil liberties that are totally in his bailiwick, and that, even now with a Republican House, the administration could move forward with a progressive agenda, if it so desired.
Some say it is time to go for the Dems to embrace a more “centrist”, GOP-lite Third Way from now on. I think we’ve been experimenting with that sad sack of failure for decades now — it’s our First Way — and it’s been proven over and over again not to work. (Just ask the Blue Dogs, who got eviscerated on Tuesday. Why vote for Republican-lite when you can have the real thing?)
Basically, it comes to this. Without vision, the people perish…and vote GOP. And because this administration did not go big, because it did not produce the change people so desperately desired, and because it forsook the possibility of real progressivism early and often to indulge their fantastical belief in the magical unicorns of High Broderism, the Democrats have now lost the House — ironically the one branch of government that, under Speaker Pelosi, actually tried to get done what had been promised.
In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented foralot ofreasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.
“The Israeli commando raid on Monday on an aid flotilla, which left at least nine people dead, has dragged relations between Israel and Turkey to a new low, political experts here say, threatening to derail diplomatic relations between two close American allies.“
Gee, I wonder why (and as if we need another crisis right now.) All the facts aren’t in yet on what happened — in international waters — yesterday on the humanitarian-aid flotilla headed to Gaza. But, right now Slate‘s Fred Kaplan seems to be on the right track: “Israel’s storming of the Mavi Marmara, killing at least nine Free Gaza activists and wounding several more, was an act of jaw-gaping stupidity–strategically and tactically, even leaving aside morally.“
And morally, there are obvious problems too. As Peter Beinart — continuing his recent heterodoxy — explained today: “[T]he embargo must be tight enough to keep the people of Gaza miserable, but not so tight that they starve…There’s a name for all this: collective punishment.” Also of note: today’s J-Street response: “This shocking outcome of an effort to bring humanitarian relief to the people of Gaza is in part a consequence of the ongoing, counterproductive Israeli blockade of Gaza…We urge President Obama and other international and regional leaders to take today’s terrible news as an opportunity to engage even more forcefully in immediate efforts to end the Israeli-Palestinian conflict.“
I agree, and I hope our immediate actions in the wake of this flotilla fiasco (I feel like I’m using that word a lot lately, and yet it continually applies) — watering down the UN resolution and working the phones for Israel — are being done with an eye to the long game of bringing peace to the region, not just the usual, reflexive circling of the wagons.
“The bottom line is this: Current procedures under the CSRT are such that a perfectly innocent individual could be held and could not rebut the Government’s case and has no way of proving his innocence. I would like somebody in this Chamber, somebody in this Government, to tell me why this is necessary.” Me too, Senator Obama, me too.
FWIW, Politico’s Josh Gerstein — while bending over backwards, as per the Village norm, not to call torture “torture” — suggests civil liberties concerns are overblown here, but check out his reasoning: “The Obama administration…has, so far, resisted seeking a full-scale preventive detention law that would apply to future captives. Instead, it has pleaded with civil liberties and human rights groups not to oppose some legal mechanism to allow the continued detention of Al Qaeda captives, at least some of whom may be untriable because of aggressive interrogations many view as torture.“
Oh, please. We have to hold them forever because wetortured them? How utterly and completely effed up is that? As Stephen Colbert well put it: “It’s essentially the same stance taken by George Bush. With one important difference: Obama makes the kids like it.”
“Things in that unhappy country are going badly — much worse, of course, than Team Obama had to pretend this week but quite a bit worse than even a sensible skeptic might think. And unless Karzai takes to heart the lectures he heard (someone must have given him a stern talking-to amid all the bonhomie), things are only going to get worse still.”
After perusing an unclassified DoD report released last month, Slate‘s Fred Kaplan sees ominous trends unfolding in Afghanistan. “[T]he full report is a hair-raiser. The news is almost all bad; and the few bits of good news turn out, on close inspection, to be extremely misleading…[T]he report states, ‘The insurgents perceive 2009 as their most successful year.’”
“If there were any doubts that Sarah Palin is a total idiot, she settled them with that single statement….Tip to Sarah Palin: Obama may have some vulnerabilities, and you may have some strengths, but command of the issues doesn’t fall in either category.” As the up traffic here in DC, Slate‘s Fred Kaplan beats back some of the dumber GOP attacks on Obama’s nuclear policy, while Joe Conason tries to explain what Ronald Reagan really thought about nukes.
Sigh…Pick any issue these days, and for far too many of the GOP opposition, the question seems to come down to whether they’re out-and-out venal or just incompetent. Sadly, the answer seems to be yes.
Another very busy week at work, and haven’t had time to do a real update. But, in the meantime, via @Normative and since today is Tolkien Reading Day (i.e. the day Isildur’s Bane was destroyed and Sauron fell), here’s a great editorial cartoon on the dangers of the ring on the executivepower front. (I presume that’s meant to be Russ Feingold in the Elrond role.) The Hearts of Men are easily corrupted, and the Ring of Power has a will of its own…
“I know that we haven’t agreed on every issue thus far, and there are surely times in the future when we will part ways. But I also know that every American who is sitting here tonight loves this country and wants it to succeed. That must be the starting point for every debate we have in the coming months, and where we return after those debates are done. That is the foundation on which the American people expect us to build common ground.“
They do? I thought they expected change we can believe in. But worn-out nods to an elusive, ephemeral, and, given the current GOP, often undesirable bipartisanship does not constitute such. In any event, so concluded the President’s State of the Union address last Thursday. This is old news at this point, so I’ll keep it brief. Suffice to say, while it got better as it went along, I thought the speech was merely ok, and often troubling. Throughout the evening, the president’s remarks had that excessively-poll-tested, small-bore feel that conjured up grim odors of 1995 and 1996. Throw on a flannel and fire up the Pulp Fiction soundtrack, y’all: One year into the Obama era, are we already back to V-chips and school uniforms?
Part of the president’s problem is that the Senate is looking like the elephant’s graveyard of progressive-minded legislation right now. The president called for an energy reform bill. The House went out on a limb to pass one last June. The president called for a financial reform bill. The House passed one in December. The president called for a new jobs bill. The House also passed one in December. All of these bills, and many, many others, are languishing in the Senate right now, as Sen. Reid and others try to figure out how to somehow get something — anything! — passed with a larger majority than Dubya ever enjoyed.
The Senate issue aside, there were other problems in the President’s speech, including far too many nods and feints in the direction of ridiculous deficit peacocks like Judd Gregg and Evan Bayh. First off, at the risk of sounding like Dick Cheney, I tend to think that deficits are troubling, but, even in the best of times, they shouldn’t really be the foremost driving concern of our government policy. If we run a deficit to invest in education now, we’ll save money down the road and improve Americans’ quality-of-life to boot. (Put in somewhat ugly fashion, it’s invest in schools now or prisons later.)
And that being said, right now is emphatically not the best of times. We know exactly what happens when you cut spending too quickly after a virulent recession — It was called the 1937 Roosevelt recession, and it would be flagrantly idiotic to repeat it. Just because the GOP doesn’t seem to understand basic Keynesian economics doesn’t mean we should follow them down the rabbit hole of flat-earth thinking, just so we can look bipartisan.
No, the problem with deficits isn’t necessarily the running of a deficit. It’s the running-up of massive deficits for patently stupid reasons — like, say, prosecuting a war of choice in Iraq, or doling out excessive tax breaks to multi-millionaires. And that’s why some of the President’s nods in that direction were so irritating last Thursday. Calling for a spending freeze on discretionary spending, without touching the exorbitant “security-related” budget (cute euphemism, that), is kabuki theater at best. And at worst, you’re balancing the books at the expense of our most vulnerable citizens. (I tend to agree with Candidate Obama on this issue anyway.)
In any event, all this discussion of the deficit ignores the larger problem. Obviously, one of the president’s biggest charges coming into office was to restore economic sanity after eight years of Dubyaite excess. That being said, people were not looking to President Obama for this sort of deficit tsk-tsking and small-bore, fiddling around the margins. You’d think we Dems would have learned this by now. But curling up into a fetal position and mouthing moderate GOP-lite bromides will not stop the Republicans from kicking us, ever.
We have a Democratic president, an 18-seat majority in the Senate, and a 79-seat majority in the House. In short, we Dems need to keep thinking big or we will pay dearly at the polls this November. Perhaps the dysfunction of the Senate is the central problem Obama faces right now, but his speech nonetheless suggests that we’re getting dangerously close to Eisenhower Republican territory now, and not even in the good “the military-industrial complex is completely frakked” kinda way. Without vision, the people perish. So too will our party, if we keep up with this thin gruel, triangulation schtick. At the advice of the careerist DLC-types over the years, we have tried this path several times over — Put simply, it does not work.
“Obama needed to regain control quickly, and he started by jettisoning liberal positions he had been prepared to accept — and had even okayed — just weeks earlier.” TIME’s Massimo Calabresi and Michael Weisskopf examine the recent ousting of Greg Craig, a slow death by leaking, as a telling indicator of how the Obama administration has fallen so far astray on civil liberties. “[Obama] quietly shifted responsibility for the legal framework for counterterrorism from Craig to political advisers overseen by [Rahm] Emanuel, who was more inclined to strike a balance between left and right.” Uh, what? As Nick Baumann points out in Mother Jones, what business do the politicos have in overseeing legal matters? That’s rather Rovian, isn’t it?
“Holder has fallen prey to the sort of magical legal thinking that seeps through the whole CIA report: the presumption that if there’s a legal memo, it must be legal…In other words, we are now protecting the good-faith torturers. That isn’t just wrong, it’s outrageous. It ratifies the most toxic aspect of the whole legal war on terror: that anything becomes permissible if it’s served up with a side of memo. Paper your misconduct with footnotes and justifications–even after the fact–and you can do as you please.“
Meanwhile — hold on to your hats, people — Slate‘s Tim Noah discovers that Dick Cheney hasn’t been entirely truthful about what’s in the theoretically exculpatory CIA memos. “Portions have been redacted, so perhaps the evidence Cheney claims that enhanced interrogation saved American lives has been blacked out. But judging from what’s visible to the naked eye, the documents do not provide anything like the vindication that Cheney claims.” (Of course, even if they did provide said vindication, the question of whether or not torture is effective — 24 notwithstanding, we’re pretty sure it isn’t — is a completely separate question from whether or not torture is legal — it isn’t.)
“Instead, constructivists would posit that the zombie problem is what we make of it. That is to say, there are a number of possible emergent norms in response to zombies. Sure, there’s the Hobbesian ‘kill or be killed’ end game that does seem to be quite popular in the movies. But there could be a Kantian “pluralistic anti-Zombie” community that bands together and breaks down nationalist divides in an effort to establish a world state.“
Following up on this recent mathematical modeling study confirming the dire global ramifications of a zombie outbreak (naturally, the talk-radio right remains unconvinced), Daniel Drezner ponders the responses of various IR schools to World War Z. “Now, some would dispute whether neoconservatism is a systemic argument, but let’s posit that it’s a coherent IR theory…clearly, neoconservatives would argue, zombies hate us for our freedom not to eat other humans’ brains.“
As many readers here well know, I’ve spent a good bit of time over the past decade studying US history. (In fact, over the past few years, I’ve occasionally helped my advisor keep a textbook up to date that recently drew the ire of right-wing blowhard Bill O’Reilly. Apparently, those damn pesky facts were somehow mitigating O’Reilly’s ability to spew forth the usual idiotic blather.)
Anyway, over that period of time, I believe I have in fact learned me a few things. So, as a public service of sorts, and because, after this morning’s revelations, I’ve reached the limit of craven and/or patently stupid falsehoods that I can feasibly ingest over so short a time, some “U.S. History for Dummies.” I expect most everyone who comes by this site with any frequency knows all this, but ya never know. Apologies for the didacticism in advance — if this were this a Coors Light commercial, this would be where i vent. (And thanks to Lia for the timely visual tax lesson, above.)
The Tea Party: As you no doubt know, the Boston Tea Party of 1773 was recently appropriated by FOX News and the conservative group Freedomworks to simulate a widespread popular uprising against high taxes. (In other words, it was an “astroturf,” rather than a grass-roots, movement.) And, yes, the inconvenient fact that President Obama and the Democratic Congress actually lowered income taxes for 95% of Americans earlier this year didn’t seem to dissuade them from trying to jury-rig some rather dubious anti-tax ramparts and gin up enough disgruntled FOX-watchers to man them.
At any rate, as most people remember from high school, the original 1773 Tea Party was not a protest against high taxes or high prices at all. (In fact, legally imported tea — i.e. that of the East India Company, which was both suffering serious setbacks over in India and losing market share to smuggled Dutch tea at the time — was actually cheaper in the colonies after the Tea Act, since it was now exempt from the usual obligations.)
In small part a reaction of the East India’s commercial rivals to this sweetheart deal, the Boston Tea Party was mainly held to uphold the principle of No taxation without representation. Which I don’t think I need to explain. So, with the minor exception of DC-area conservatives who attended the tea gathering in Washington (without crossing over from Virginia or Maryland), the, uh, “teabaggers” don’t really have a leg to stand on here. This is particularly true after you consider that both ruthless gerrymandering and the vagaries of the Electoral College (I’m looking at you, Wyoming) actually tend to lead to over-representation of conservative Republicans in our halls of governance, even despite heavy losses for the “Grand Old Party” in 2006 and 2008.
The “Right” of Secession: Apparently, Rick Perry, the right-wing governor of Texas, really wants to keep his job. As such, he’s scared stiff of the forthcoming primary challenge by Sen. Kay Bailey Hutchison, who happens to be much more popular than he is among Texas Republicans. So, to sow up his “activist” (re: freak show) bona fides, this desperate fellow has been doing anything and everything he possibly can to prostrate himself before the paranoid ultra-right, including appearing before the current poobahs of the GOP’s lunatic fringe, Glenn Beck and Michael Savage. As you no doubt know, this recently culminated in Gov. Perry’s upholding Texas’ right to secede before a crowd of rabid teabaggers. Said the Governor: ““We’ve got a great union. There’s absolutely no reason to dissolve it. But if Washington continues to thumb their nose at the American people, you know, who knows what might come out of that…“
Well, in fact, no state in the Union has any legal right to secede. (Not evenTexas.) The existence of such a right was posited and debated quite often in the early years of the republic: by Jefferson and Madison in the Virginia and Kentucky resolutions, by the members of the Hartford Convention, by South Carolina’s philosopher-politician John C. Calhoun, and countless others.
But the illegality of secession was eventually confirmed — in blood — when eleven states attempted to pull out of the Union in 1861, due mainly to differing opinions on the institution of slavery and its expansion into the western territories. As a result of this insurrection by the southern states, a violent conflict broke out, which we call the Civil War. It lasted four years, and it was kind of a big deal.
Prior to the war, the states of the Confederacy believed secession to be their natural right, while those remaining in the Union believed it to be tantamount to an act of treason. With the Union victory in that conflict, and the subsequent readmittance of southern states in such a manner that reaffirmed that no right of secession exists, the question was settled. So it remains to this day.
Another argument we’ve heard lately — today Sen. McCain made it with his usual comrades-in-arms, Sens. Lieberman and Graham, while trying to protect Dubya’s lawyers — is that the CIA officials who actually conducted these recent acts of torture should be exempt from prosecution, because they were following the legal dictates of those higher-up in the administration. (To follow the reasoning around the circle, the torturers should be exempt because they were listening to the lawyers, and the lawyers should be exempt because they didn’t do the actual torturing. Cute.)
Anyway, whatever you think of the merits of this argument, this is usually referred to as the Nuremberg defense, and it is in fact no defense at all. Argues Principle IV of the Nuremberg Principles, devised by the Allies after WWII to determine what constituted a war crime: “The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.” Insert “CIA interrogator” for person in that last sentence and you can pretty much see the problem.
Is America a Christian Nation?: At the end of his recent European tour, President Obama told an audience in Turkey the following: “We do not consider ourselves a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals and a set of values.” This statement — well the “not a Christian nation” part of it, at least — prompted no small amount of consternation from the porcine-moralist wing of the GOP — James Dobson, Karl Rove, Newt Gingrich, and sundry other freaks of the industry — all of whom fell over themselves to proclaim to the Heavens and preach to the FOX News choir that, yes, Virginia, America is a glorious Christian nation.
America is not a Christian nation. This will be patently obvious to anyone who’s ever heard the phrase “separation of church and state.” Unlike, say, England, America does not have and has never had an official, established church. This is very much by design. For proof of this not-very-radical claim, see the very first clause of the very first amendment to the Constitution: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”
If that doesn’t do it for you, see George Washington’s famous 1790 letter to the Jewish residents of Newport, Rhode Island. “May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit under his own vine and fig tree, and there shall be none to make him afraid.“
Or consider that Thomas Jefferson skipped his presidency on his tombstone to make room for his authorship of the Virginia Statute for Religious Freedom: “Be it enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.” (We could also make mention of the Jefferson Bible, but let’s start slow.)
Is the reasoning here too circuitous for Rove, Gingrich, et al to follow? Ok, then, here’s the cheat sheet: the 1797 Treaty of Tripoli, passed by a Congress of our Founders without declaim and signed into law by President John Adams. It begins: “As the Government of the United States of America is not, in any sense, founded on the Christian religion…” Did y’all catch it this time? Good, let’s move on.
I could go on. With regards to that last one — Reagan yukking it up with Mikhail Gorbachev, then of “the evil Empire” — it didn’t take long before (surprise) Newt was caught in a contradiction. Apparently, Gingrich had previously argued on his website that Ronald Reagan’s good humor with Gorby was a sign of strength, not weakness.
Speaking of which, as Lawrence O’Donnell noted on MSNBC the other day, saintly old Ronald Reagan didn’t just smile and shake hands with America’s enemies. His administration sold them weapons under the table. So, please, assorted puddin’-heads of the GOP talkocracy, spare me your warmed-over tripe about poor diplomacy and weak leadership. As with everything else above, I’ve swallowed enough of your swill over the past few weeks to last me a lifetime.
“You asked me once,” said O’Brien, “what was in Room 101. I told you that you knew the answer already. Everyone knows it. The thing that is in Room 101 is the worst thing in the world.”
The door opened again. A guard came in, carrying something made of wire, a box or basket of some kind. He set it down on the further table. Because of the position in which O’Brien was standing, Winston could not see what the thing was.
“The worst thing in the world,” said O’Brien, “varies from individual to individual. It may be burial alive, or death by fire, or by drowning, or by implement, or fifty other deaths. There are cases where it is some quite trivial thing, not even fatal…In your case,” said O’Brien, “the worst thing in the world happens to be rats.”
And, sometimes, here in our own Room 101, it’s insects. As breaking everywhere this afternoon, the President authorizes the release of four long-awaited CIA memos that detail the rationalizing and application of Bush-era torture policies. [No. 1 | No. 2, No. 3a/3b | 4a/4b.] And, as Salon‘s Glenn Greenwald notes, they seem to suggest that even the parties-that-be knew what they were doing constituted torture. (“Each year, in the State Department’s Country Reports on Human Rights Practices, the United States condemns coercive interrogation techniques and other practices employed by other countries. Certain of the techniques the United States has condemned appear to bear resemblance to some of the CIA interrogation techniques…The State Department’s inclusion of nudity, water dousing, sleep deprivation, and food deprivation among the conduct it condemns is significant and provides some indication of an executive foreign relations tradition condemning the use of these techniques.“) But, they approved these already-condemned practices as legal anyway, with the caveat that they “cannot predict with confidence whether a court would agree with this conclusion.” Yeah, you think?
Well, let’s hope the courts get a chance to decide either way. While releasing these documents today, Pres. Obama and Attorney General Holder also made clear that the CIA interrogators involved will not be prosecuted for these acts. “‘It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department,’ he said in a statement.” Um, I’m of the opinion that it would be unfair to get strung up in a, cough, “stress position” by a bunch of Cheney-authorized CIA yahoos and then see no legal recourse for it. (And, hey, “just following orders” — what a novel legal defense. Who were the ad wizards that came up with that one?)
On the other hand, as the WP points out: “Today’s carefully worded statement left open the possibility, however, that agents and higher-level officials who may have ventured beyond the strategies approved by Bush lawyers could face legal jeopardy for their actions.” That still closes too many legal doors, imho. The strategies approved by Bush lawyers are horrible — and illegal — enough. But, at least we can still hold out the minute possibility that the real, top-level architects of Dubya-era torture policy will face some sort of prosecution for their crimes, above and beyond their inevitable condemnation in the history books. (President Obama may argue that “[t]his is a time for reflection, not retribution,” but, the law is the law. And, as he should know, pardoning Nixon didn’t do Gerald Ford any favors.)
Either way, let’s be clear: These memos prove beyond a shadow of a doubt — as if there were any doubt left — that it was the stated and directed policy of the Dubya-era CIA to engage in acts they knew to be torture. That is unacceptable, completely antithetical to our ideals, and exceedingly worthy of a criminal investigation. If, in the name of national unity or CIA morale or whatever, the president wants to give a pass to the flunkies who actually held the victims down as they flailed, choked, or writhed in agony…well, that just means somebody else higher-up has to pay. Fine. But, if the rule of law means anything anymore, and I believe it does, the people responsible must be held to account.
“Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same.” Meet the new boss, same as the old boss? The Obama administration and Holder Justice Dept. uphold Dubya’s dubious use of a “state secrets” privilege to put the kibosh on a lawsuit put forward by five men “extraordinarily rendered” by the CIA.
See also a livid Glenn Greenwald for the details: “The entire claim of ‘state secrets’ in this case is based on two sworn Declarations from CIA Director Michael Hayden — one public and one filed secretly with the court. In them, Hayden argues that courts cannot adjudicate this case because to do so would be to disclose and thus degrade key CIA programs of rendition and interrogation — the very policies which Obama, in his first week in office, ordered shall no longer exist. How, then, could continuation of this case possibly jeopardize national security when the rendition and interrogation practices which gave rise to these lawsuits are the very ones that the U.S. Government, under the new administration, claims to have banned?“
Update: Sensing the likely blowback, one presumes, the Justice Dept. announces it’ll be reviewing Dubya’s “state secrets” claims in due course. “It’s vital that we protect information that if released could jeopardize national security, but the Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know.” So apparently, the ugly details of our now-defunct(?) extraordinary rendition policy aren’t among the actions we should have any clue about. Ugh…this one definitely goes in the Carcetti file.
“[T]he orders [also] bring to an end a Central Intelligence Agency program that kept terrorism suspects in secret custody for months or years, a practice that has brought fierce criticism from foreign governments and human rights activists. They will also prohibit the C.I.A. from using coercive interrogation methods, requiring the agency to follow the same rules used by the military in interrogating terrorism suspects, government officials said.“
And there was much rejoicing! We can all breathe a little easier and stand a little taller now that America is actually starting to act like America again. (And, trust me, I won’t shed any tears over dropping the gulag and torture news category here at GitM.)
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