Prison Break.

After fierce debate among the neocons, Dubya comes clean about the CIA’s secret prisons (outed by the Post last November) and moves the detainees held therein to Gitmo. But don’t think this moment of clarity means King George is playing it straight just yet: He’s also asking Congress to sidestep recent court decisions and grant him power to continue wiretapping without warrants and to torture alleged evildoers with impunity. And even moderate Republicans and military lawyers have issues with his recent attempts to deny suspected terrorists due process.

Update: Slate‘s Dahlia Lithwick has more: “The speech teemed with all the rhetorical wizardry you might expect of a do-over. Bush justified torture and extraordinary rendition while denying that they exist. He stuck a fork in the eye of the Supreme Court while agreeing to be bound by the majority’s decision. He conceded that Congress should play a role in creating military tribunals while demanding that it greenlight his plan.“

Res ipsa loquitur.

“This report raises serious concerns crucial to the survival of our democracy…If left unchecked, the president’s practice does grave harm to the separation of powers doctrine, and the system of checks and balances that have sustained our democracy for more than two centuries.” Then, again, I could be sold on the merits of bar associations…if they continue to call out Dubya for trampling on our Constitution.

Here’s to Hamdan.

“If another nation’s leader adopted such positions, the United States would be quick to condemn him or her for violating fundamental tenets of the rule of law, human rights, and the separation of powers. But President Bush has largely gotten away with it, at least at home, for at least three reasons. His party holds a decisive majority in Congress, making effective political checks by that branch highly unlikely. The Democratic Party has shied away from directly challenging the president for fear that it will be viewed as soft on terrorism. And the American public has for the most part offered only muted objections. These realities make the Supreme Court’s decision in Hamdan v. Rumsfeld, issued on the last day of its 2005-2006 term, in equal parts stunning and crucial.” In related news, as seen at both Salon and Mother Jones (as well as the New York Review of Books), author and law professor David Cole underlines the importance of the Hamdan decision in preserving the rule of law and throttling Dubya’s unchecked power grabs of late.

The Specter of Tyranny | King George covers his flank.

“[I]f Specter’s bill prevails, it will amount to a White House masterstroke, precisely what James Madison had in mind when he described the dangers of unchecked rule by one branch of government: ‘the very definition of tyranny.’” Having read the legislation in full, author and wiretap expert Patrick Radden Keefe discovers, perhaps not surprisingly, that Specter’s recent NSA “compromise” is a complete capitulation to executive power. And, in very related news, file this under “repeated injuries and usurpations“: Attorney General Alberto Gonzales testified under oath this week that it was Dubya’s personal decision to close down the Justice Department’s probe into the NSA’s warrantless wiretaps (the one, you may recall, that couldn’t get the security clearances to do its job.)

…and Dubya’s FISA double down.

Meanwhile, in another recent reversal — one likely precipitated by both the Hamdan case and pending lawsuits by the ACLU and others — the Dubya White House agrees to a deal put forth by Arlen “paper tiger” Specter that would put the NSA warrantless wiretaps to a constitutional review by the FISA court. But the trick, as many Dems have pointed out, is under this deal the FISA court would only do a general review of the wiretap program, rather than conduct the individual case-by-case reviews that the law has always demanded: “Sen. Russell Feingold (D-Wis.) criticized the agreement, saying he will oppose ‘any bill that would grant blanket approval for warrantless surveillance of Americans, particularly when this administration has never explained why it believes that current law allowing surveillance of terrorist suspects is inadequate.’“

Spineless Specter, Redux.

“‘You have given up the store,’ complained Sen. Richard Durbin, D-Ill., in denouncing the move. ‘You’re just walking away.‘” Playing true to form, Arlen Specter folds yet again and reverses his earlier promise to make phone companies testify about their role in the NSA’s recent data-mining. “The senator from Pennsylvania acknowledged his reversal was forced upon him by his Republican colleagues in a private session prior to the afternoon hearing.”

Hard Times.

“‘Having been blacklisted from working in television during the McCarthy era, I know the harm of government using private corporations to intrude into the lives of innocent Americans. When government uses the telephone companies to create massive databases of all our phone calls it has gone too far.‘” Author, oral historian, and American institution Studs Terkel is one of six plaintiffs to file a lawsuit against AT&T for their complicity in the NSA master phone database.

Hayden Right?

“Unlike so many of the hacks placed in charge of important government agencies during the past six years, Hayden possesses powerful qualifications for the job…By the admittedly dismal standards of the Bush administration, then, Hayden is an unusually good appointment.” As former NSA head and probable CIA director-to-be Michael Hayden navigates the confirmation process (leaving all his Snoopgate-related answers for the secret session), he procures an endorsement from an unlikely source: Salon‘s Joe Conason: “[D]espite his military uniform, Hayden is likely to be more independent of the Pentagon and the White House than Goss was. It will help that, unlike Goss, he actually knows what he’s doing.” Hmmm. Update: Hayden is through committee on a 12-3 vote. (Feingold, for his part, voted no: “Our country needs a CIA Director who is committed to fighting terrorism aggressively without breaking the law or infringing on the rights of Americans.”

Chinese Phone Tag.

Even more Snoopgate fallout: As last week’s bombshell story in USA Today makes the covers of the major newsweekies, two ABC reporters say their calls to sources are being monitored. “A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources. ‘It’s time for you to get some new cell phones, quick,’ the source told us in an in-person conversation.”

Hayden for a Fight?

Dubya officially nominates Michael Hayden to replace Porter Goss at CIA, despite bipartisan criticism of Hayden’s military background. “U.S. Rep. Pete Hoekstra, chairman of the House Intelligence Committee, said, ‘This appointment…signals that we are not that concerned about having an independent intelligence community independent of the Department of Defense.‘” Nevertheless, some top Dems, including the House Intelligence Committee’s Jane Harman and Sen. Dianne Feinstein, have indicated that they’re both ok with the pick and will, likely, avoid the NSA wiretaps issue like the plague during the hearings.