February 2013 archive

I think the Obama administration has lost its collective mind and thinks that we are all too stupid to notice, but this is beyond absurd.

Obama DOJ again refuses to tell a court whether CIA drone program even exists

by Glenn Greenwald, The Guardian

As the nation spent the week debating the CIA assassination program, Obama lawyers exploit secrecy to shield it from all review

It is not news that the US government systematically abuses its secrecy powers to shield its actions from public scrutiny, democratic accountability, and judicial review. But sometimes that abuse is so extreme, so glaring, that it is worth taking note of, as it reveals its purported concern over national security to be a complete sham.

Such is the case with the Obama DOJ’s behavior in the lawsuit brought by the ACLU (pdf) against the CIA to compel a response to the ACLU’s Freedom of Information Act (FOIA) request about Obama’s CIA assassination program. That FOIA request seeks nothing sensitive, but rather only the most basic and benign information about the “targeted killing” program: such as “the putative legal basis for carrying out targeted killings; any restrictions on those who may be targeted; any civilian casualties; any geographic limits on the program; the number of targeted killings that the agency has carried out.”

Everyone in the world knows that the CIA has a targeted killing program whereby it uses drones to bomb and shoot missiles at those it wants dead, including US citizens. This is all openly discussed in every media outlet.

Key Obama officials, including the president himself, not only make selective disclosures about this program but openly boast about its alleged successes. Leon Panetta, then the CIA Director, publicly said all the way back in 2009 when asked about the CIA drone program: “I think it does suffice to say that these operations have been very effective because they have been very precise.” In 2010, Panetta, speaking to the Washington Post, hailed the CIA drone program in Pakistan as “the most aggressive operation that CIA has been involved in in our history”. This is just a partial sample of Obama official boasts about this very program (for more, see pages 15 to 28 here).

Despite all that, the Obama DOJ from the start has refused not only to provide the requested documents about the CIA drone program, but they refuse to say whether such documents even exist. They do so by insisting that whether there even exists such a thing as a “CIA drone program” is itself classified, and therefore, they can neither admit nor deny whether they possess any of the documents sought by the FOIA request: “the very fact of the existence or nonexistence of such documents is itself classified,” repeats the Obama DOJ over and over like some hypnotic Kafkaesque mantra.

Obama’s Reverse Imaginary Friend, the Assassination Robot

bt Marcy Wheeler, emptywheel

The Obama Administration is getting more and more like that crazy old man in the park talking to an imaginary friend. Only it works in reverse. It sends out real people to engage in hours of conversations with other real people about a real topic and then pretends both were pretend.

It sends John Brennan to the Senate for 3.5 hours where he has conversations about drones over and over with people, never once claiming not to understand what they mean when they discuss drones and/or targeted killing. [..]

And yet in spite of the fact that Brennan talks about lethal strikes over and over, the government maintains (pdf) that none of these conversations – none of these mentions of lethal strikes – amounts to an admission that the government is, in fact, conducting lethal strikes.

   Plaintiffs also cite the transcript of the confirmation hearing of John Brennan, the nominee for Director of Central Intelligence. They assert that “the nominee . . . and members of the committee extensively discussed various aspects of the CIA’s targeted killing program . . . .” However, plaintiffs identify no statement in which Mr. Brennan allegedly confirms purported CIA involvement in the use of unmanned aerial vehicles for “targeted killing.” Rather, plaintiffs cite instances in which members of Congress mentioned “targeted killing,” and general discussions of “targeted killing” that do not address the involvement of any particular agency.

Well, fine. If John Brennan believes these to be imaginary conversations with an imaginary oversight committee, then it’s clear he is mentally ill-equipped to deal with the stress of running the CIA. [..]

What’s most interesting, however, is that this apparently batshit crazy man talking to ghosts, John Brennan, is going to have to deal with a woman, Dianne Feinstein, who said this, as one of his primary overseers.

   FEINSTEIN: I have been calling and others have been calling the rank – the vice chairman and I on the use of target – for increased transparency on the use of targeted force for over a year, including the circumstances in which such force is directed against U.S. citizens and noncitizens alike.

   I’ve also been attempting to speak publicly about the very low number of civilian casualties that result from such strikes. I have been limited in my ability to do so. But for the past several years, this committee has done significant oversight of the government’s conduct of targeted strikes and the figures we have obtained from the executive branch which we have done our utmost to verify, confirm that the number of civilian casualties that have resulted from such strikes each year has typically been in the single digits. When I asked to give out the actual numbers, I’m told, “you can’t”, and I say, “why not?” “Because it’s classified. It’s a covert program. For the public, it doesn’t exist.” Well, I think rationale, Mr. Brennan, is long gone and I’m going to talk to you and my questions a little bit about that because I think it’s very important that we share this data with people.

This apparently batshit crazy person (according to the Administration, not me) is telling the Chair of the Committee that oversees the CIA that she’s delusional, the programs she’s talking about don’t exist.

There’s a lot of crazy old people talking on benches in DC, I guess.

And what abou those seven memos that the Senate Intelligence Committee requested before they vote on Brennan’s confirmation are imaginary, too?

What is even more incongruous is that Tea Party crazy Senator from Kentucky, Rand Paul asked some very serious questions in two letters that no one else asked

Do you believe that the president has the power to authorize lethal force, such as a drone strike, against a U.S. citizen on U.S. soil? What about the use of lethal force against a non-U.S. person on U.S. soil?

Do you believe that the prohibition on CIA participation in domestic law enforcement, first established by the National Security Act of 1947, would apply to the use of lethal force, especially lethal force directed at an individual on a targeting list, if a U.S. citizen on a targeting list was found to be operating on U.S. soil? What if the individual on the targeting list was a non-U.S. person but found to be operating on U.S. soil? Do you consider such an operation to be domestic law enforcement, or would it only be subject to the president’s wartime powers?

Do you believe that the Posse Comitatus Act, or any other prohibition on the use of the military in domestic law enforcement, would prohibit the use of military hardware and/or personnel in pursuing terrorism suspects-especially those on a targeting list-found to be operating on U.S. soil? If not, would you support the use of such assets in pursuit of either U.S. citizen or non-U.S. persons on U.S. soil suspected of terrorist activity?

What role did you play in approving the drone strike that led to the death of the underage, U.S. citizen son of Anwar al-Awlaki? Unlike his father, he had not renounced his U.S. citizenship. Was the younger al-Awlaki the intended target of the U.S. drone strike which took his life? Further, do you reject the subsequent claim, apparently originating from anonymous U.S. government sources, that the young man had actually been a “military age male” of 20 years or more of age, something that was later proven false by the release of his birth certificate?

Is the U.S. drone strike strategy exclusively focused on targeting al Qaeda, or is it also conducting counterinsurgency operations against militants seeking to further undermine their government, such as in Yemen?

Do you support the Attorney General’s 2012 guidance to the NCTC that it may deliberately collect, store, and “continually assess” massive amounts of data on all U.S. citizens for potential correlations to terrorism, even if the U.S. citizens targeted have no known ties to terrorism?

And you thought Bush was stupid? This is too surreal.  

Mitch McConnell is smiling

Chuck Hagel Confirmation: Senate Vote Fails To End Filibuster On Obama Pick

by  Sabrina Siddiqui

Senate Republicans successfully foiled attempts to confirm Chuck Hagel for the post of defense secretary on Thursday, by denying him the 60 votes needed for the nomination to proceed.

Democrats ultimately came up short of the 60 votes needed to invoke cloture and end the Republicans’ filibuster, with a final vote count of 58 to 40. Republican Sens. Mike Johanns (Neb.), Susan Collins (Maine), Thad Cochran (Miss.) and Lisa Murkowski (Alaska) voted with Democrats in their failed effort to end debate. Sen. Orrin Hatch (R-Utah) voted present.

The nomination is hardly dead. In fact, it looks increasingly likely that Democrats will be able to muster the needed votes to confirm Hagel’s nomination after a 10-day recess.

But the failure to end the GOP filibuster is still is a setback for the administration, which wanted a fast confirmation process, and Senate Democratic leadership, whose decision to punt on filibuster reform at the beginning of this congressional session was met with criticism.

Earlier in the day, Senate Majority Leader Harry Reid (D-Nev.) said it was “tragic” that Senate Republicans decided to filibuster a “qualified nominee.”

“It’s really unfortunate,” Reid said on the Senate floor.

This is on you, Harry, resign as Majority Leader.

Why was this not in the State of the Union address? The deficit is falling faster in the last three years than at anytime since World War II.

To be specific, CBO expects the deficit to shrink from 8.7% of GDP in fiscal 2011 to 5.3% in fiscal 2013 if the sequester takes effect and to 5.5% if it doesn’t. Either way, the two-year deficit reduction – equal to 3.4% of the economy if automatic budget cuts are triggered and 3.2% if not – would stand far above any other fiscal tightening since World War II. [..]

History suggests that there’s little good to be gotten from cutting the deficit much faster than 1% of GDP per year. That’s especially true at the moment, given the nature of our related demographic and budget challenges.

Both of those challenges suggest that growth should be our paramount concern, far ahead of near-term deficit reduction, even as we work to improve the intermediate-term budget outlook.

So the deficit falling too fast is bad? What Ezra Klein said:

And we may well have a coincident recession this time, too. According to the initial GDP numbers, the economy shrank slightly in the fourth quarter of 2012, largely because government spending fell. As federal spending continues to fall and the effects are compounded by new tax increases (the payroll tax cut expired in January, for instance), it wouldn’t be a huge surprise to see more quarters of negative growth. So, given that the typical definition of a recession is two consecutive quarters in which the economy shrinks, this drop in deficits might yet be accompanied by another recession.

Hence, two things to remember in the deficit conversation: First, the deficit is expected to fall faster in 2013 than at any time in the last 60 years. And second, that kind of austerity tends to be accompanied by recessions, and we’ve already seen evidence that the same might be true this time, too.

Austerity and sequestration are really bad ideas and that is what the President should have been hammering in the SOTU.

What Atrios said: Republicans Don’t Care About Cutting Social Security

The big flaw in the premise of the grand bargain is that Obama is asking them to give away their precious by increasing taxes on the rich in exchange for something they don’t care much about. Cutting taxes for rich people is their whole purpose. Cutting Social Security? Well, if they can use Social Security cuts to cut taxes for rich people, sure. But cutting Social Security in order to increase taxes on rich people? Really not interested.

401Ks are a disaster

We need an across the board increase in Social Security retirement benefits of 20% or more. We need it to happen right now, even if that means raising taxes on high incomes or removing the salary cap in Social Security taxes.

Over the past few decades, employees fortunate enough to have employer-based retirement benefits have been shifted from defined benefit plans to defined contribution plans. We are now seeing the results of that grand experiment, and they are frightening. Recent and near-retirees, the first major cohort of the 401(k) era, do not have nearly enough in retirement savings to even come close to maintaining their current lifestyles.

Frankly, that’s an optimistic way of putting it. Let me be alarmist for a moment, because the fact is the numbers are truly alarming. We should be worried that large numbers of people nearing retirement will be unable to keep their homes or continue to pay

Economics and law professor at the University of Missouri, Kansas City, William K. Black joined Paul Jay, senior editor at The Real News Network to discuss President Barack Obama’s State of the Union address and his economic proposals.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

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Henry A. Giroux: The Shooting Gallery: Obama and the Vanishing Point of Democracy

We live at a time in the United States when the notion of political enemies has become a euphemism for dismantling prohibitions against targeted assassinations, torture, abductions and indefinite detention. Under the elastic notion of permanent war and the use of Orwellian labels like terrorists, enemy combatants, enemies of the state or the all-encompassing “evil-doers,” the United States has tortured prisoners in Iraq and Guantanamo for more than a decade. It also kidnapped suspected terrorists, held them in CIA “black sites,” and subjected them to extraordinary rendition – “the practice [of] taking detainees to and from US custody without a legal process … and often … handing [them] over to countries that practiced torture.”1 As a new report from the Open Society Foundation, “Globalizing Torture,” points out, since 9/11 the CIA has illegally kidnaped and tortured more than 136 people and was aided in its abhorrent endeavors by 54 countries.2 All of this was done in secrecy and when it was eventually exposed, the Obama administration refused to press criminal charges against those government officials who committed atrocious human rights abuses, signalling to the military and various intelligence agencies that they would not be held accountable for engaging in such egregious and illegal behavior. The notion that torture, kidnapping and the killing of Americans without due process is an illegitimate function of any state, including the United States, has overtly suffered the fate of the Geneva Conventions, apparently too quaint and antiquated to be operative.

Josh Barro: A Smarter Alternative to Raising the Minimum Wage

One of President Barack Obama’s biggest proposals in yesterday’s State of the Union Address was a big minimum wage increase, from $7.25 per hour to $9. The trade-off with any minimum wage increase is that it reduces inequality and poverty, but may raise unemployment. As Evan Soltas wrote for the Ticker last month, within the wage range that is on the table, the former effect should be substantial and the latter effect small, if existent. So, raising the minimum wage is a better idea than doing nothing.

But while a higher minimum wage is a way to address poverty, it’s not the best way. It would be preferable to increase the Earned Income Tax Credit, a government program that makes payments to workers in low-income households. Unlike a higher minimum wage, a larger EITC would not create any disincentive to hire; and while some of the benefits of a minimum wage hike will go to teenagers in middle-class households, everyone who benefits from the EITC is poor.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 14 is the 45th day of the year in the Gregorian calendar. There are 320 days remaining until the end of the year (321 in leap years).

On this day in 1884, future President Theodore Roosevelt’s wife and mother die, only hours apart.

Roosevelt was at work in the New York state legislature attempting to get a government reform bill passed when he was summoned home by his family. He returned home to find his mother, Mittie, had succumbed to typhoid fever. On the same day, his wife of four years, Alice Lee, died of Bright’s disease, a severe kidney ailment. Only two days before her death, Alice Lee had given birth to the couple’s daughter, Alice.

Roosevelt left his daughter in the care of his sister, Anna “Bamie/Bye” in New York City. In his diary he wrote a large X on the page and wrote “the light has gone out of my life.”

A short time later, Roosevelt wrote a tribute to his wife published privately indicating that:

She was beautiful in face and form, and lovelier still in spirit; As a flower she grew, and as a fair young flower she died. Her life had been always in the sunshine; there had never come to her a single sorrow; and none ever knew her who did not love and revere her for the bright, sunny temper and her saintly unselfishness. Fair, pure, and joyous as a maiden; loving , tender, and happy. As a young wife; when she had just become a mother, when her life seemed to be just begun, and when the years seemed so bright before her-then, by a strange and terrible fate, death came to her. And when my heart’s dearest died, the light went from my life forever

To the immense disappointment of his wife’s namesake and daughter, Alice, he would not speak of his wife publicly or privately for the rest of his life and made no mention of her in his autobiography.

Recently the Federal Communications Commission announced that it wanted to create a free super Wi-Fi network across the country, virtually eliminating a monthly internet bill.  Naturally, the telecommunication giants and the lawmakers in Congress who protect them are opposed.  In Europe, internet users enjoy inexpensive, high speed access to a broadband, phone, and cable TV package for as little as $40 a month.  The phone service has unlimited local calling and a lot of free international calls.

Bloomberg View contributor and  visiting professor at the Harvard Kennedy School of Government and Harvard Law School, Susan Crawford notes that Americans pay a high price for slow and bad internet connections at a time when “the internet has taken the place of the telephone as the world’s basic, general-purpose, two-way communication medium“.  In the article, she describes how a city in Louisiana brought cheaper, high speed internet to its community despite opposition from the telephone and local cable companies:

Terry Huval is a large, friendly man with a lilting Southern accent who plays Cajun fiddle tunes in his spare time. He is also the director of utilities in Lafayette, Louisiana. “Our job is making sure we listen to our citizens,” he says.

In 2004, the Lafayette utilities system decided to provide a fiber-to-the-home service. The new network, called LUS Fiber, would give everyone in Lafayette a very fast Internet connection, enabling them to lower their electricity costs by monitoring and adjusting their usage.

Push-back from the local telephone company, BellSouth Corp., and the local cable company, Cox Communications Inc., was immediate. They tried to get laws passed to stop the network, sued the city, even forced the town to hold a referendum on the project — in which the people voted 62 percent in favor. Finally, in February 2007, after five civil lawsuits, the Louisiana Supreme Court voted, 7-0, to allow the network.

From 2007 to mid-2011, people living in Lafayette saved $5.7 million on telecommunications services.

Prof. Crawford joined Bill Moyers on Moyers & Company to discuss why U.S. internet access is slow, costly and unfair

Susan Crawford, former special assistant to President Obama for science, technology and innovation, and author of Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age, joins Bill to discuss how our government has allowed a few powerful media conglomerates to put profit ahead of the public interest – rigging the rules, raising prices, and stifling competition. As a result, Crawford says, all of us are at the mercy of the biggest business monopoly since Standard Oil in the first Gilded Age a hundred years ago.

“The rich are getting gouged, the poor are very often left out, and this means that we’re creating, yet again, two Americas, and deepening inequality through this communications inequality,” Crawford tells Bill.

Subverting the rule of law? How dare I? Well the 4th amendment, due process, kill lists, and the NDAA also speak to my title. Yes, they speak to it despite those that decided politicians were more important than the principles they pretended to have in 2004 now outed as hypocrites mostly. However, that being said, I’m talking about subverting the rule of law in a different way but equally as damaging on the economic front.

After all, it was at the SOTU merely just a year ago that President Obama assured us that something was going to be done about the Wall St. perpetrators of our mortgage and foreclosure crisis. This was a crisis in which they defrauded consumers with sub-prime NINJA loans pumping up the housing bubble and then dumping the private debt overhang onto the economy destroying over 10 trillion in housing wealth. This left consumers with massive loads of private debt and everyone else jobless like this recovery.

This White House’s DOJ has made a complete mockery of the concept of Justice in and of itself. That illusion of Justice is perpetuated to this day and normal people are devastated because of it. Let President Obama know you are not amused. I have.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Wednesday is Ladies’ Day

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Marcy Wheeler, aka emptywheel: Innocent Until Proven Guilty; Imminent Until Proven – Too Late!

Those defending the language on imminence in the white paper released last week are right on one count: it is not new language. Below the fold, I’ve excerpted the language on imminence from three different formulations on imminence – Brennan’s speech at Harvard, the white paper, and Holder’s Northwestern speech – to show the consistency (and also, with John Brennan’s September 16, 2011 speech, exactly two weeks to Anwar al-Awlaki notice that this was now US policy). [..]

It’s telling not because it introduces wholesale new ideas. But because it makes clear what is implicit – but unstated – in the three other formulations.

A person who poses an imminent threat does not have to have committed any crime in the past. Imminence is exclusively about the future possibility of violence, not necessarily past involvement in it.

Katrina vanden Heuvel: Stop coddling the big banks

George Will and I don’t agree on much. We’ve shared many a spirited debate over the years on ABC’s “This Week.” But on one of the key issues of our time – how to save our economy and our democracy from the reign of the big banks – it’s time for the Obama administration to listen to George Will.

In his Sunday column, “A badly needed breakup,” Will makes the conservative case for a common-sense principle: financial institutions that are Too Big to Fail are also Too Big to Exist. Will’s full-throated call to arms is welcome, and his conclusion echoes that of countless occupiers, tea partiers, and Americans of all stripes. Here’s hoping, for the sake of the republic, that Will can bring more of his fellow conservatives along with him.

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 13 is the 44th day of the year in the Gregorian calendar. There are 321 days remaining until the end of the year (322 in leap years).

On this day in 1633, Italian philosopher, astronomer and mathematician Galileo Galilei arrives in Rome to face charges of heresy for advocating Copernican theory, which holds that the Earth revolves around the Sun. Galileo officially faced the Roman Inquisition in April of that same year and agreed to plead guilty in exchange for a lighter sentence. Put under house arrest indefinitely by Pope Urban VIII, Galileo spent the rest of his days at his villa in Arcetri, near Florence, before dying on January 8, 1642.

Galileo Galilei (15 February 1564 – 8 January 1642), commonly known as Galileo, was an Italian physicist, mathematician, astronomer and philosopher who played a major role in the Scientific Revolution. His achievements include improvements to the telescope and consequent astronomical observations, and support for Copernicanism. Galileo has been called the “father of modern observational astronomy”, the “father of modern physics”, the “father of science”, and “the Father of Modern Science”. Stephen Hawking says, “Galileo, perhaps more than any other single person, was responsible for the birth of modern science.”

The motion of uniformly accelerated objects, taught in nearly all high school and introductory college physics courses, was studied by Galileo as the subject of kinematics. His contributions to observational astronomy include the telescopic confirmation of the phases of Venus, the discovery of the four largest satellites of Jupiter (named the Galilean moons in his honour), and the observation and analysis of sunspots. Galileo also worked in applied science and technology, inventing an improved military compass and other instruments.

Galileo’s championing of Copernicanism was controversial within his lifetime, when a large majority of philosophers and astronomers still subscribed to the geocentric view that the Earth is at the centre of the universe. After 1610, when he began publicly supporting the heliocentric view, which placed the Sun at the centre of the universe, he met with bitter opposition from some philosophers and clerics, and two of the latter eventually denounced him to the Roman Inquisition early in 1615. In February 1616, although he had been cleared of any offence, the Catholic Church nevertheless condemned heliocentrism as “false and contrary to Scripture”, and Galileo was warned to abandon his support for it-which he promised to do. When he later defended his views in his most famous work, Dialogue Concerning the Two Chief World Systems, published in 1632, he was tried by the Inquisition, found “vehemently suspect of heresy”, forced to recant, and spent the rest of his life under house arrest.