A balanced budget with a surplus? No way not happening. Well it seems that there is a counter proposal by the Congressional Progressive Caucus that does just that.

The CPC proposal:

• Eliminates the deficits and creates a surplus by 2021

• Puts America back to work with a “Make it in America” jobs program

• Protects the social safety net

• Ends the wars in Afghanistan and Iraq

• Is FAIR (Fixing America’s Inequality Responsibly)

What the proposal accomplishes:

• Primary budget balance by 2014.

• Budget surplus by 2021.

• Reduces public debt as a share of GDP to 64.1% by 2021, down 16.5 percentage points from

a baseline fully adjusted for both the doc fix and the AMT patch.

• Reduces deficits by $5.6 trillion over 2012-21, relative to this adjusted baseline.

• Outlays equal to 22.2% of GDP and revenue equal 22.3% of GDP by 2021.

There was debate this morning in the House about the austerity budget put forward by Tea Party Rep. Paul Ryan’ (R-WI) that decimates Medicaid and Medicare. When Rep Keith Ellison asked  Rep. Todd Rokita (R-IN) when the Ryan budget plan would produce a surplus, Rokita was clueless:

   ELLISON: When does the Ryan budget create a surplus?

   ROKITA: The budget proposed and voted on by the committee – […]

   ROKITA: With responsible, gradual reforms to the drivers of our debt, like Medicare and Social Security, this budget will balance –

   ELLISON: I asked the gentlemen when the Ryan budget created a surplus. He could have given me a year. He didn’t. That’s because he’s probably embarrassed about when that is. Let me tell you when the Progressive Caucus comes to surplus: 2021. That is known as a responsible budget.

According to the Congressional Budget Office (CBO), Ryan’s budget will not produce a surplus until 2040 (pdf). The Economic Policy Institute looked that the Progressive Caucus budget. Their analysis said that it who produce a $30.7 billion surplus in 2021 (pdf).

h/t to Travis Waldron at Think Progress

“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”

In case you wonder what her real name is

Heather “Digby” Parton: DC’s deficit frenzy

The entire political world has descended into a deficit frenzy that rivals the mass hysteria of the Salem witch trials. The mania has been growing for months, but exploded last week when D.C. heartthrob Rep. Paul Ryan of Wisconsin (R) unveiled what was widely received as the most important document since the Emancipation Proclamation and the entire political establishment started babbling about “brio” and “courage.”

Nothing else matters at this point – not anemic economic growth, not sustained, shockingly high unemployment, not a Middle East uprising of world-changing consequence – not even an epic nuclear catastrophe.

Robert Reich: President Obama’s Real Proposal (And Why It’s Risky)

Paul Ryan says his budget plan will cut $4.4 trillion over ten years. The President says his new plan will cut $4 trillion over twelve years.

Let’s get real. Ten or twelve-year budgets are baloney. It’s hard enough to forecast budgets a year or two into the future. Between now and 2022 or 2024 the economy will probably have gone through a recovery (I’ll explain later why I fear it will be anemic at best) and another downturn. America will also have been through a bunch of elections – at least five congressional and three presidential.

The practical question is how to get out of the ongoing gravitational pull of this awful recession without cow-towing to extremists on the right who think the U.S. government is their mortal enemy. For President Obama, it’s also about how to get reelected.

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.

April 15 is the 105th day of the year (106th in leap years) in the Gregorian calendar. There are 260 days remaining until the end of the year.

On this day in 1912, Molly Brown avoids sinking with the Titanic

A 20th century version of the strong and resourceful women of the Wild West, Molly Brown wins lasting fame by surviving the sinking of the Titanic.

Margaret Brown (nèe Tobin) (July 18, 1867 – October 26, 1932) was an American socialite, philanthropist, and activist who became famous due to her involvement with the 1912 sinking of the RMS Titanic, after exhorting the crew of lifeboat 6 to return to look for survivors. It is unclear whether any survivors were found after life boat 6 returned to search. She became known after her death as “The Unsinkable Molly Brown”, although she was not called Molly during her life. Her friends called her Maggie.

Born Margaret Tobin in Hannibal, Missouri, one of four children born to Irish immigrants John Tobin (1820-1899) and Johanna Collins (1825-1905). Her siblings were Daniel (born 1863), William (born 1869), and Helen (born 1871). Added to these, Margaret had two half-sisters: Catherine Bridget Tobin, by her father’s first marriage, and Mary Ann Collins, by her mother’s first marriage. Both her mother and father had been widowed young.

At age 18, Margaret relocated to Leadville, Colorado with her sister, and got a job in a department store. It was here she met and married James Joseph Brown (1854-1922), nicknamed J.J., an enterprising, self-educated man. His parents, too, had emigrated from Ireland. Brown had always planned to marry a rich man but she married J.J. for love. She said,

   I wanted a rich man, but I loved Jim Brown. I thought about how I wanted comfort for my father and how I had determined to stay single until a man presented himself who could give to the tired old man the things I longed for him. Jim was as poor as we were, and had no better chance in life. I struggled hard with myself in those days. I loved Jim, but he was poor. Finally, I decided that I’d be better off with a poor man whom I loved than with a wealthy one whose money had attracted me. So I married Jim Brown.

Margaret and J.J. were married in Leadville’s Annunciation Church on September 1, 1886. The Browns had two children.

The family acquired great wealth when J.J.’s engineering efforts proved instrumental in the production of a substantial ore seam at the Little Jonny mine of his employers, Ibex Mining Company, and he was awarded 12,500 shares of stock and a seat on the board.

In Leadville, Margaret first became involved with the women’s suffrage issue, helping to establish the Colorado chapter of the National American Woman Suffrage Association and working in soup kitchens to assist miners’ families.

During 1894, the Browns moved to Denver, Colorado, which gave the family more social opportunities. Margaret became a charter member of the Denver Woman’s Club, whose mission was the improvement of women’s lives by continuing education and philanthropy. During 1901, she was one of the first students to enroll at the Carnegie Institute in New York. Adjusting to the trappings of a society lady, Brown became well-immersed in the arts and fluent in the French, German, and Russian languages. During 1909 she advertised herself as campaigning for the U.S. Senate.

Margaret assisted in the fundraising for Denver’s Cathedral of the Immaculate Conception which was completed during 1911. Margaret worked with Judge Lindsey to help destitute children and establish the United States’ first juvenile court which helped form the basis of the modern U.S. juvenile courts system.

Margaret campaigned for Senate again during 1914 but stopped when her sister Helen married a German baron, with Margaret believing that the union would have made a successful campaign impossible.

By the time Margaret Tobin Brown boarded Titanic at Cherbourg, France, she had already made a significant impact in the world. She and her daughter Helen, who was a student at the Sorbonne, had been traveling throughout Europe and were staying with the John Jacob Astor party in Cairo, Egypt, when Margaret received word that her first grandchild, Lawrence Palmer Brown, Jr., was ill. She decided to leave for New York immediately, and booked passage on the earliest ship: Titanic. At the last minute Helen decided to stay behind in London. Due to her quick decision, very few people, including family, knew that Margaret was on board the Titanic.

After the ship struck the iceberg, Margaret helped load others into lifeboats and eventually was forced to board lifeboat six. She and the other women in lifeboat six worked together to row, keep spirits up, and dispel the gloom that was broadcast by the emotional and unstable Robert Hichens. However, Margaret’s most significant work occurred on Carpathia, where she assisted Titanic survivors, and afterwards in New York. By the time Carpathia reached New York harbor, Margaret had helped establish the Survivor’s Committee, been elected as chair, and raised almost $10,000 for destitute survivors. Margaret’s language skills in French, German, and Russian were an asset, and she remained on Carpathia until all Titanic survivors had met with friends, family, or medical/emergency assistance. In a letter to her daughter shortly after the Titanic sinking, she wrote:

   “After being brined, salted, and pickled in mid ocean I am now high and dry… I have had flowers, letters, telegrams-people until I am befuddled. They are petitioning Congress to give me a medal… If I must call a specialist to examine my head it is due to the title of Heroine of the Titanic.”

Her sense of humor prevailed; to her attorney in Denver she wired:

   “Thanks for the kind thoughts. Water was fine and swimming good. Neptune was exceedingly kind to me and I am now high and dry.”

On May 29, 1912, as chair of the Survivor’s Committee Margaret presented a silver loving cup to Captain Rostron of the Carpathia and a medal to each Carpathia crew member. In later years Margaret helped erect the Titanic memorial that stands in Washington, D.C.; visited the cemetery in Halifax, Nova Scotia, to place wreaths on the graves of victims; and continued to serve on the Survivor’s Committee. She was particularly upset that, as a woman, she was not allowed to testify at the Titanic hearings. In response she wrote her own version of the event which was published in newspapers in Denver, New York, and Paris.

The actor Kathy Bates, who portrayed Margaret “Molly” Brown in the movie Titanic, bears an uncanny resemblance to Margaret Brown.

Will there be another “cave exploration by our Spelunker-in-Chief? Despite President Obama speech on Wednesday and his demand request for a “clean bill” to raise the debt ceiling, there are those who have their doubts about Obama resolve to stand his ground considering his past capitulations in the name of bipartisanship for the last two years.

Now Sen. Jim DeMint (R-SC) has threatened to filibuster the bill should it not contain “other fiscal reforms” like a balanced budget amendment.

A top conservative senator on Thursday indicated he is willing to go to extreme lengths to prevent a vote on raising the debt ceiling, even if it hurts the Republican Party politically.

Sen. Jim DeMint (R-S.C.) said on the conservative Laura Ingraham Show he is considering filibustering an upcoming vote to raise the nation’s $14.3 trillion debt limit if it doesn’t contain other fiscal reforms.

While the Senate Minority Leader Mitch “The Human Hybrid Turtle” McConnell (R-KY) has said that the ceiling should be raised to avoid the dire consequences, he would like to see it passed with only Democratic votes.

Mr. McConnell is discouraging his colleagues from filibustering a vote to increase the federal debt limit because he knows that, if push came to shove, some of his colleagues would almost certainly have to vote yea. He’d rather it pass in a 51-vote environment, where all of the votes could come from Democrats, than in a 60-vote environment, where at least seven Republicans would have to agree to a cloture motion.

In the same New York Times article by Nate Silver the consequences of failing to raise the debt ceiling would lead to another recession:

If the Congress does not vote to increase the debt ceiling – a statutory provision that governs how many of its debts the Treasury is allowed to pay back (but not how many obligations the United States is allowed to incur in the first place) – then the Treasury will first undertake a series of what it terms “extraordinary actions” to buy time. The “extraordinary actions” are not actually all that extraordinary – at least some of them were undertaken prior to six of the seven debt ceiling votes between 1996 and 2007.

But once the Treasury exhausts this authority, the United States would default on its debt for the first time in its history, which could have consequences like the ones that Mr. Boehner has imagined: a severe global financial crisis (possibly larger in magnitude than the one the world began experiencing in 2007 and 2008), and a significant long-term increase in the United States’ borrowing costs, which could cost it its leadership position in the global economy. Another severe recession would probably be about the best-case scenario if that were to occur.

The bill will not get to the Senate until sometime in May. When it does reach the “upper” chamber, it most likely will be loaded with hundreds of riders from the House Tea Party Republicans. The President and the Senate Democratic leaders have a limited choices. However, if that choose  to  stand their ground and push for that “clean bill”, there could be “savior”, Wall St., which stands to lose billions or more if the US  defaults on its debt. As David Dayen at FDL suggests this is a plausible solution. But is it possible  considering Obama’s inability to win at this “Congressional Game of Chicken”?

“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”

E.J. Dionne Jr.: Obama’s deficit speech: Worthy of a president

President Obama has finally decided to take his own side in the philosophical struggle that is the true engine of this nation’s budget debate.

After months of mixed signals about what he was willing to fight for, Obama finally laid out his purposes and his principles. His approach has difficulties of its own, and much will depend on execution. But the president was unequivocal in arguing that the roots of our fiscal problems lie in the tax cuts of the past decade that we could not afford. And he raised the stakes in our politics to something more fundamental than dry numbers on a page or computer screen.

Robert Reich:Mr. President: Why Medicare Isn’t the Problem, It’s the Solution

I hope when he tells America how he aims to tame future budget deficits the President doesn’t accept conventional Wasington wisdom that the biggest problem in the federal budget is Medicare (and its poor cousin Medicaid).

Medicare isn’t the problem. It’s the solution.

The real problem is the soaring costs of health care that lie beneath Medicare. They’re costs all of us are bearing in the form of soaring premiums, co-payments, and deductibles.

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.

April 14 is the 104th day of the year (105th in leap years) in the Gregorian calendar. There are 261 days remaining until the end of the year.

On this day in 1865, President Abraham Lincoln is shot in the head at Ford’s Theatre in Washington, D.C. The assassin, actor John Wilkes Booth, shouted, “Sic semper tyrannis! (Ever thus to tyrants!) The South is avenged,” as he jumped onto the stage and fled on horseback. Lincoln died the next morning.

The assassination of President of the United States Abraham Lincoln took place as the American Civil War was drawing to a close, just five days after the surrender of the commanding general of the Army of Northern Virginia, Robert E. Lee, and his battered [Army of Northern Virginia to General Ulysses S. Grant. Lincoln was the first American president to be assassinated, though an unsuccessful attempt had been made on Andrew Jackson in 1835.

The assassination was planned and carried out by well-known actor John Wilkes Booth as part of a larger conspiracy intended to rally the remaining Confederate troops to continue fighting. Booth plotted with Lewis Powell and George Atzerodt to kill Secretary of State William H. Seward and Vice President Andrew Johnson as well.

Lincoln was shot while watching the play Our American Cousin at Ford’s Theatre in Washington, D.C. with his wife, Mary Todd Lincoln . He died the next morning. The rest of the plot failed. Powell only managed to wound Seward, while Atzerodt, Johnson’s would-be assassin, lost his nerve and fled.

Death of President Lincoln

Dr. Charles Leale, a young Army surgeon on liberty for the night and attending the play, made his way through the crowd to the door at the rear of the Presidential box. It would not open. Finally Rathbone saw a notch carved in the door and a wooden brace jammed there to hold the door shut. Booth had carved the notch there earlier in the day and noiselessly put the brace up against the door after entering the box. Rathbone shouted to Leale, who stepped back from the door, allowing Rathbone to remove the brace and open the door.

Leale entered the box to find Rathbone bleeding profusely from a deep gash that ran the length of his upper left arm. Nonetheless, he passed Rathbone by and stepped forward to find Lincoln slumped forward in his chair, held up by Mary, who was sobbing. Lincoln had no pulse and Leale believed him to be dead. Leale lowered the President to the floor. A second doctor in the audience, Dr. Charles Sabin Taft, was lifted bodily from the stage over the railing and into the box. Taft and Leale cut away Lincoln’s blood-stained collar and opened his shirt, and Leale, feeling around by hand, discovered the bullet hole in the back of the head by the left ear. Leale removed a clot of blood in the wound and Lincoln’s breathing improved. Still, Leale knew it made no difference: “His wound is mortal. It is impossible for him to recover”.

Leale, Taft, and another doctor from the audience, Dr. Albert King, quickly consulted and decided that while the President must be moved, a bumpy carriage ride across town to the White House was out of the question. After briefly considering Peter Taltavull‘s Star Saloon next door, they chose to carry Lincoln across the street and find a house. The three doctors and some soldiers who had been in the audience carried the President out the front entrance of Ford’s. Across the street, a man was holding a lantern and calling “Bring him in here! Bring him in here!” The man was Henry Safford, a boarder at William Petersen’s boarding house opposite Ford’s. The men carried Lincoln into the boarding house and into the first-floor bedroom, where they laid him diagonally on the bed because he was too tall to lie straight.

A vigil began at the Petersen House. The three physicians were joined by Surgeon General of the United States Army Dr. Joseph K. Barnes, Dr. Charles Henry Crane, Dr. Anderson Ruffin Abbott, and Dr. Robert K. Stone. Crane was a major and Barnes’ assistant. Stone was Lincoln’s personal physician. Robert Lincoln, home at the White House that evening, arrived at the Petersen House after being told of the shooting at about midnight. Tad Lincoln, who had attended Grover’s Theater to see Aladdin and the Wonderful Lamp, was not allowed to go to the Peterson House.

Secretary of the Navy Gideon Welles and United States Secretary of War Edwin M. Stanton came and took charge of the scene. Mary Lincoln was so unhinged by the experience of the assassination that Stanton ordered her out of the room by shouting, “Take that woman out of here and do not let her in here again!” While Mary Lincoln sobbed in the front parlor, Stanton set up shop in the rear parlor, effectively running the United States government for several hours, sending and receiving telegrams, taking reports from witnesses, and issuing orders for the pursuit of Booth.

Nothing more could be done for President Lincoln. At 7:22 a.m. on April 15, 1865, he died. He was 56 years old. Mary Lincoln was not present at the time of his death. The crowd around the bed knelt for a prayer, and when they were finished, Stanton said, “Now he belongs to the ages”. There is some disagreement among historians as to Stanton’s words after Lincoln died. All agree that he began “Now he belongs to the…” with some stating he said “ages” while others believe he said “angels”

Oh, wouldn’t this be lovely? Now lets see if Timmy and Bill can convince Eric that there is nothing to see here.

Goldman Sachs Misled Congress After Duping Clients, Levin Says

Goldman Sachs Group Inc. (GS) misled clients and Congress about the firm’s bets on securities tied to the housing market, the chairman of the U.S. Senate panel that investigated the causes of the financial crisis said.

Senator Carl Levin, releasing the findings of a two-year inquiry yesterday, said he wants the Justice Department and the Securities and Exchange Commission to examine whether Goldman Sachs violated the law by misleading clients who bought the complex securities known as collateralized debt obligations without knowing the firm would benefit if they fell in value.

The Michigan Democrat also said federal prosecutors should review whether to bring perjury charges against Goldman Sachs Chief Executive Officer Lloyd Blankfein and other current and former employees who testified in Congress last year. Levin said they denied under oath that Goldman Sachs took a financial position against the mortgage market solely for its own profit, statements the senator said were untrue.

Goldman criticised in US Senate report

By Tom Braithwaite in Washington and Francesco Guerrera and Justin Baer in New York,

Financial Times

April 14 2011 00:15 | Last updated: April 14 2011 00:15

US Senate investigators probing the financial crisis will refer evidence about Wall Street institutions including Goldman Sachs and Deutsche Bank to the justice department for possible criminal investigations, officials said on Wednesday.

Carl Levin, Democratic chairman of the powerful Senate permanent subcommittee on investigations, said a two-year probe found that banks mis-sold mortgage-backed securities and misled investors and lawmakers.

“We will be referring this matter to the justice department and to the SEC (Securities and Exchange Commission),” he said. “In my judgment, Goldman clearly misled their clients and they misled Congress.”

Last year, Goldman paid $550m to settle SEC allegations that it defrauded investors in Abacus, a complex security linked to subprime mortgages.

Naming Culprits in the Financial Crisis

By Gretchen Morgenson and Louise Story

New York Times

A voluminous report on the financial crisis by the United States Senate – citing internal documents and private communications of bank executives, regulators, credit ratings agencies and investors – describes business practices that were rife with conflicts during the mortgage mania and reckless activities that were ignored inside the banks and among their federal regulators.  

The 650-page report, “Wall Street and the Financial Crisis: Anatomy of a Financial Collapse,” was released Wednesday by the Senate Permanent Subcommittee on Investigations…

…

…The result of two years’ work, the report focuses on an array of institutions with central roles in the mortgage crisis: Washington Mutual, an aggressive mortgage lender that collapsed in 2008; the Office of Thrift Supervision, a regulator; the credit ratings agencies Standard & Poor’s and Moody’s Investors Service; and the investment banks Goldman Sachs and Deutsche Bank.

“The report pulls back the curtain on shoddy, risky, deceptive practices on the part of a lot of major financial institutions,” Mr. Levin said in an interview. “The overwhelming evidence is that those institutions deceived their clients and deceived the public, and they were aided and abetted by deferential regulators and credit ratings agencies who had conflicts of interest.”

The House and Senate will put the finishing touches on last week’s budget crisis over the budget for 2011. While the President and the Republicans were busy in front of the cameras praising themselves for “victory”, the Congressional Budget Office was counting the “beans”. Remember the much publicized $38.5 billion in cuts? Well, it will only reduce the deficit by $352 million. That is less than 1% in claimed savings:

   The Congressional Budget Office estimate shows that compared with current spending rates the spending bill due for a House vote Thursday would pare just $352 million from the deficit through Sept. 30. About $8 billion in cuts to domestic programs and foreign aid are offset by nearly equal increases in defense spending. […]

   The CBO study confirms that the measure trims $38 billion in new spending authority, but many of the cuts come in slow-spending accounts like water-and-sewer grants that don’t have an immediate deficit impact.

As Alex Seitz-Wald at Think Progress notes budget cuts helped Obama save some programs from the worst cuts “the fact remains that the cuts will be harmful to the economy and to the people who depend on valuable social safety net programs that will have their budgets cut.”

There is also the damage by $8.4 billion cut from the State Department and foreign aid budgets, a 14% budget reduction, that will affect some “critical diplomatic tools”

[C]hopping off $122 million from the U.S. Agency for International Development’s operating expenses and more than $1.4 billion from the State Department’s Economic Support Fund may cost us the ability to help critical countries transition to democracy, including Egypt and Tunisia. Turning our back on such assistance now is particularly problematic given how vulnerable nascent democracies in the Middle East and North Africa, as well as elsewhere, are to upheaval and violence.

It leaves military budget nearly intact so that any saving are wiped out by inflated defense spending”. The budget deal was suppose to cut $18.1 billion but Defense Secretary Robert Gates called for at least $540 billion for FY2011 and this budget deal funds DOD “just north of $530 billion” a figure that includes military construction.

That’s some victory, Barack.

“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”

It’s Ladies’ Day. Scroll down for the gentlemen

Katrina vanden Heuvel: It’s the economic debate, not the U.S., that’s bankrupt

The government is open, but hope has lost its audacity.

After negotiations in which Republicans ended up gaining more cuts than they originally sought, President Obama chose to celebrate “the largest annual spending cut in history.” Lest we forget, these cuts total $78 billion from the president’s own budget, with programs for working and poor families taking the biggest hit. Any more triumphs like this and Obama will become a new American synonym for pyrrhic victory.

Lost in the coverage of the juvenile, perils-of-Pauline, last-hour rescue from a government closure is the substance of the deal. The great con of the Boehner-Tea Party good-cop, bad-cop negotiating pose is that it focuses attention on intra-party melodramas. The real deal gets lost in the noise.

Laura Flanders: Shareholders Fight Back as Democrats Compromise

The ink on the compromise that kept the government open, barely, isn’t even dry and they’re already talking about the next round of cuts in Washington.

The New York Times led off this week with an article about Obama’s plan to reduce the deficit by making unspecified “changes” to Medicare, Medicaid and Social Security. Sure, it also mentions increasing taxes and cutting military spending, but when we’re embracing the conservative frame that entitlement programs are too big, that’s not much to cheer about.

Meanwhile, of course, CEOs are raking in the cash and still not hiring, at least not Americans. Daniel Costello wrote in the Times this weekend that top executive pay at 200 major companies was up 12 percent from last year-a median pay rate of $9.6 million. Viacom’s CEO made $84.5 million in just nine months, and Ray Irani at Occidental Petroleum’s pay went up 142 percent from last year.

The Obama administration has gone over to the dark side with stretching the “terrorist” category, going far further that Bush or Cheney would ever had dreamed. They have now compared an uprising in 1818 by the Seminole tribes in Florida to Al Qaeda to justify prosecutions of detainees at Guantanamo

Bitter analogy in war crime case: Indians, al Qaeda

By Carol Rosenberg

Seminoles in 1818 similar to al Qaeda in 2001? Some Pentagon prosecutors appeared to make this analogy to support a Guantánamo war crimes conviction, then clarified in a war court filing.

Pentagon prosecutors touched off a protest – and issued an apology this week – for likening the Seminole Indians in Spanish Florida to al Qaeda in documents defending Guantánamo’s military commissions.

Citing precedents, prosecutors reached back into the Indian Wars in arguments at an appeals panel in Washington D.C. Specifically, they invoked an 1818 military commission convened by Gen. Andrew Jackson after U.S. forces invaded then-Spanish Florida to stop black slaves from fleeing through a porous border – then executed two British men for helping the Seminole Indians.

Navy Capt. Edward S. White also wrote this in a prosecution brief:

“Not only was the Seminole belligerency unlawful, but, much like modern-day al Qaeda, the very way in which the Seminoles waged war against U.S. targets itself violate the customs and usages of war.”

A native American advocacy group complained to the military court. Defense lawyers for two Yemenis convicted of war crimes at Guantánamo countered that the behavior of Jackson, the future U.S. president now on the $20 bill, was no shining example of American military justice.

A politically ambitious Jackson, defense lawyers wrote, waged “an illegal war” that set fire to entire Indian villages “in a campaign of extermination.”

In the legal precedent, U.S. troops convicted two British traders, Alexander Arbuthnot and Robert Ambrister, for helping the Seminoles and escaped slaves and sentenced them to a whipping. Jackson, a slave owner, declared the punishment too soft. He had them executed.

Florida historians are familiar with the episode.

“Arbuthnot was hanged from the yard arm of his own ship,” said University of Florida history professor Jack Davis. “Ambrister was killed by firing squad.”

At issue in the Court of Military Commissions Review is whether a newly minted post 9/11 war court crime – providing material support for terror – is legitimate for prosecution at a war crimes tribunal.

Marcy Wheeler at FDL comments that “our government is siding with slavery, genocide of Native Americans, and Andrew Jackson’s illegal belligerency, it is citing our own country’s illegal behavior-to find some support for the claim that material support is a military crime.”

Defense Department general counsel Jeh Johnson sent a letter of apology to the Seminole tribe but didn’t back away from the analogy.

But Defense Department general counsel Jeh Johnson made clear in the single-page letter that the U.S. government was standing by its precedent from Gen. Andrew Jackson’s Indian Wars in its bid to uphold the life-time conviction of Osama bin Laden’s media secretary at Guantánamo’s Camp Justice.

Johnson delivered a speech at the Pentagon in commemoration of Martin Luther King day that twisted Dr. King’s antiwar philosophy into support for the Afghan and Iraq wars.

What Marcy said:

And so it is that our government clings desperately to one of the darkest chapters of our history to legitimize its current actions. Rather than reflect on what that means-how damning it is that we can point only to Andrew Jackson’s illegal treatment of Native Americans to justify our current conduct-the government says simply, “a precedent is a precedent!”

Obama’s boys have now thrown Native Americans under the bus. Welcome, my friends, you have lots of company.