There will be no investigation, there will be no prosecution and there will be no rule of law.

DoJ: No charges for destruction of CIA interrogation videos

The Justice Department has decided not to bring criminal charges for the destruction of Central Intelligence Agency videotapes of tough interrogations of terrorism suspects, including videos of waterboarding.

“In January 2008, Attorney General Michael Mukasey appointed Assistant United States Attorney John Durham to investigate the destruction by CIA personnel of videotapes of detainee interrogations,” Justice Department spokesman Matt Miller said in a statement e-mailed to reporters Tuesday afternoon. “Since that time, a team of prosecutors and FBI agents led by Mr. Durham has conducted an exhaustive investigation into the matter. As a result of that investigation, Mr. Durham has concluded that he will not pursue criminal charges for the destruction of the interrogation videotapes.”

An attorney for the former CIA official who ordered the tapes’ destruction, Jose Rodriguez, expressed satisfaction with the DoJ’s decision.

The stature of limitations was let expire on November 8 and “crickets” from the press.

Durham Torture Tape Case Dies, US Duplicity in Geneva & The Press Snoozes

And, The Obama Justice Department let it happen

Torture? Check. Covering Up Torture? Check. Rule of Law? Nope.

This inquiry started long before Obama started looking forward, not backward. It started before the White House allowed the Chief of Staff to override the Attorney General on Gitmo and torture. It started before we found out that someone had destroyed many of the torture documents at DOJ-only to find no one at DOJ cared. It started before the Obama DOJ made up silly reasons why Americans couldn’t see what the Vice President had to say about ordering the leak of a CIA officer’s identity. It started before the Obama White House kept invoking State Secrets to cover up Bush’s crimes, from illegal wiretapping, to kidnapping, to torture. It started at a time when we naively believed that Change might include putting the legal abuses of the past behind us.

This inquiry started before the Obama Administration assumed the right to kill American citizens with no due process-all the while invoking State Secrets to hide that, too.

This inquiry started before Bush and then Obama let BP get away with serial violations of the laws that protect our workers and environment, and then acted surprised when BP ruined our Gulf.

This inquiry started before Obama helped to cover up the massive fraud committed by our banks, even while it continued to find ways to print money for those same banks. It started, too, before the Obama Administration ignored mounting evidence that banks-the banks employed by taxpayer owned Fannie and Freddie-were foreclosing on homes they didn’t have the legal right to foreclose on, going so far as to counterfeit documents to justify it. This inquiry started when we still believed in the old-fashioned principle of property rights.

This inquiry started before banksters got excused when they mowed down cyclists and left the scene of the crime, because a felony would mean the bankster would lose his job.

The ACLU’s Anthony Romero reacted to this news saying, in part, “We cannot say that we live under the rule of law unless we are clear that no one is above the law.”

I think it’s clear. We cannot say we live under the rule of law.

Michael Moore: Well, good to see you. Just a little advice for you next time, form yourself into a corporation.

Keith Olbermann: Exactly

MM: Then you can give to whoever, how much you want, nobody cares and if your bosses have a problem with it, they can take it up with Scalia.

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

November 10 is the 314th day of the year (315th in leap years) in the Gregorian calendar. There are 51 days remaining until the end of the year.

On this day in 1975, the 729-foot-long freighter SS Edmund Fitzgerald sinks during a storm on Lake Superior, killing all 29 crew on board.

SS Edmund Fitzgerald (nicknamed “Mighty Fitz,” “The Fitz,” or “The Big Fitz”) was an American Great Lakes freighter launched on June 8, 1958. At the time of its launching, it was one of the first boats to be at or near maximum “St Lawrence Seaway Size” which was 730 feet (220 m) long and 75 feet (23 m) wide. From its launching in 1958 until 1971 the Fitzgerald continued to be one of the largest boats on the Great Lakes.

Final voyage and wreck

Fitzgerald left Superior, Wisconsin on the afternoon of Sunday, November 9, 1975 under the command of Captain Ernest M. McSorley. It was en route to the steel mill on Zug Island, near Detroit, Michigan, with a full cargo of taconite. A second freighter under the command of Captain Jesse B. “Bernie” Cooper, Arthur M. Anderson, destined for Gary, Indiana out of Two Harbors, Minnesota, joined up with Fitzgerald. Fitzgerald, being the faster ship, took the lead while Anderson trailed not far behind. The weather forecast was not unusual for November and called for a storm to pass over eastern Lake Superior and small craft warnings.

Crossing Lake Superior at about 14 knots (26 km/h; 16 mph), the boats encountered a massive winter storm, reporting winds in excess of 50 knots (93 km/h; 58 mph) with gusts up to 86.9 knots (160.9 km/h; 100.0 mph) and waves as high as 35 feet (11 m). Visibility was poor due to heavy snow.  The Weather Bureau upgraded the forecast to gale warnings. The freighters altered their courses northward, seeking shelter along the Canadian coast. Later, they would cross to Whitefish Bay to approach the locks.When the storm became intense, the Soo Locks at Sault Ste. Marie were closed.

Late in the afternoon of Monday, November 10, sustained winds of 50 knots were observed across eastern Lake Superior. Anderson was struck by a 75-knot (139 km/h; 86 mph) hurricane-force gust. At 3:30 pm, Captain McSorley radioed the Anderson to report that she was taking on water and had top-side damage including that the Fitzgerald was suffering a list, and had lost two vent covers and some railings. Two of the Fitzgerald’s six bilge pumps were running continuously to discharge shipped water.

At about 3:50 pm, McSorley called the Anderson to report that his radar was not working and he asked the Anderson to keep them in sight while he checked his ship down so that the Anderson could close the gap between them. Fitzgerald was ahead of Anderson at the time, effectively blind; therefore, she slowed to come within 10 miles (16 km) range so she could receive radar guidance from the other ship. For a time the Anderson directed the Fitzgerald toward the relative safety of Whitefish Bay. McSorley contacted the U.S. Coast Guard station in Grand Marais, Michigan after 4:00 pm and then hailed any ships in the Whitefish Point area to inquire if the Whitefish Point light and navigational radio beacon were operational. Captain Cedric Woodard of the Avafors answered that both the light and radio direction beacon were out at that moment. Around 5:30 pm, Woodward called the Fitzgerald again to report that the Whitefish point light was back on but not the radio beacon. When McSorley replied to the Avafors, he commented, “We’re in a big sea. I’ve never seen anything like it in my life.”

The last communication from the doomed ship came at approximately 7:10 pm, when Anderson notified Fitzgerald of an upbound ship and asked how it was doing. McSorley reported, “We are holding our own.” A few minutes later, it apparently sank; no distress signal was received. Ten minutes later Anderson could neither raise Fitzgerald by radio, nor detect it on radar. At 8:32 pm, Anderson was finally able to convince the U. S. Coast Guard that the Fitzgerald had gone missing. Up until that time, the Coast Guard was looking for a 16 foot outboard lost in the area. The United States Coast Guard finally took Captain Cooper of the Anderson seriously shortly after 8:30 pm. The Coast Guard then asked the Anderson to turn around and look for survivors.

The Edmund Fitzgerald now lies under 530 feet of water, broken in two sections. On July 4, 1995, the ship’s bell was recovered from the wreck, and a replica, engraved with the names of the crew members who perished in this tragedy, was left in its place. The original bell is on display at the Great Lakes Shipwreck Museum at Whitefish Point in Michigan.

The Witch of November I am a sailor. Blessed Be

President Obama in an interview with “60 Minutes” correspondent, Steve Kroft, said

So, ultimately, I had to make a decision: do I put all that aside, because it’s gonna be bad politics? Or do I go ahead and try to do it because it will ultimately benefit the country? I made the decision to go ahead and do it. And it proved as costly politically as we expected. Probably actually a little more costly than we expected, politically. . . . .

PRESIDENT OBAMA: Well, partly because I couldn’t get the kind of cooperation from Republicans that I had hoped for. We thought that if we shaped a bill that wasn’t that different from bills that had previously been introduced by Republicans — including a Republican governor in Massachusetts who’s now running for President — that, you know, we would be able to find some common ground there. And we just couldn’t.

Some how the talking heads in the MSM managed to interpret this as Obama’s didn’t negotiate with Republicans.

From NBC’s Chuck Todd, Mark Murray, Domenico Montanaro, Ali Weinberg *** Obama in defeat: To us, the most striking part of President Obama’s “60 Minutes” interview was his admission that that he and his administration didn’t compromise and work with the Republicans.

Where were these people over the last two years?

The truth of the matter is Obama failed because he tried to negotiate with the Republicans. Republicans asked and Obama gave in to them and the blue dogs with out batting a pretty eyelash and got nothing in return. That was Obama’s defeat.

This has to be the worst interview by a sitting president in recent memory

“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.

Bob Herbert: The Impossible Dream

One of the most frustrating tendencies of mainstream leaders in the United States is their willingness, year after debilitating year, to embrace policies that have no hope of succeeding.

From Lyndon Johnson’s mad pursuit of victory in Vietnam to George W. Bush’s disastrous invasion of Iraq to today’s delusionary deficit zealots, the tragic lure of the impossible dream seems never to subside.

Ronald Reagan told us he could cut taxes, jack up defense spending and balance the budget – all at the same time. How’d he do? As his biographer Garry Wills tells us, the Gipper “nearly tripled the deficit in his eight years, and never made a realistic proposal for cutting it.”

President Obama is escalating the war in Afghanistan while promising to start bringing our troops home next summer, which is like a heavyweight boxer throwing roundhouse rights while assuring his opponent that he won’t fight quite as hard after the eighth or ninth round.

I don’t know if it’s the drinking water or the rarefied air at the highest reaches of government that makes so many of our leaders go loopy. Whatever it is, we need to put a stop to these self-defeating tendencies. The U.S. is in sad shape, and most of the policy prescriptions being tossed around by the movers and shakers are bad ones.

Peter Daou: On 60 Minutes, President Obama apologizes to America for being a Democrat

The title of this post is intentionally hyperbolic and provocative – I couldn’t think of any other way to express my shock at the things President Obama said to Steve Kroft.

First, some context: I’ve been insistent that the fundamental problem for President Obama and Democratic leaders is a lack of moral authority, a pervasive sense among the electorate that they don’t have the courage of their convictions . . .

The aftermath of the GOP’s midterm triumph perfectly illustrates this problem: Obama is falling over himself seeking compromise with Republicans, ceding to their frames, while Republican leaders say they will stick to their principles and try to destroy his presidency and legacy. Here’s how I put it a couple of days ago: If one side offers “compromise” and the other claims to stand firmly on principle, which one appears more principled to voters?

Astonishingly, in a 60 Minutes piece that just aired, Obama goes one step further. During the course of the entire interview he only once mentions having the courage of one’s convictions. And he attributes it not to himself or Democrats, but to Tom Coburn, a staunch conservative!

Eugene Robinson: Mr. President, some leadership, please

Last week, voters made a powerful statement about leadership: They’d like some, please. So far, there’s no evidence that either President Obama or the top Republicans in Congress were paying the slightest attention.

In his only interview since the GOP rampage, with Steve Kroft of “60 Minutes,” Obama was reasonable, analytical, professorial – but also uninspired and uninspiring. I’m just being honest, if not generous; when Kroft asked whatever happened to Obama’s “mojo,” the president gave the impression that he’s been wondering the same thing.

By uninspired, I mean there was no sense that Obama relishes the high-stakes political battles that are sure to come over the next two years. There was no hint, for example, that he looks forward to the opportunity to put Republicans on the spot about all the unrealistic budget-cutting they say they want to carry out. And by uninspiring, I mean that the president offered no vision of a brighter tomorrow. Instead, he sketched a future not quite as dim as the present.

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

November 9 is the 313th day of the year (314th in leap years) in the Gregorian calendar. There are 52 days remaining until the end of the year.

On this day in 1872, fire rips through Boston.

The Great Boston Fire was Boston’s largest urban fire and still one of the most costly fire-related property losses in American history. The conflagration began at 7:20 p.m. on November 9, 1872, in the basement of a commercial warehouse at 83-87 Summer Street in Boston, Massachusetts. The fire was finally contained twelve hours later, after it had consumed about 65 acres of Boston’s downtown, 776 buildings, and much of the financial district and caused $73.5 million in damage. At least twenty people are known to have died in the fire.

In the aftermath, the city established an entirely new system of firefighting and prevention. The fire also led to the creation of Boston’s financial district.

The fire began in the basement of a warehouse at the corner of Kingston and Summer streets. At the time, this area of the city contained a mix of residences and light industry. Its buildings and most area roofs were made mainly of wood, allowing the blaze to spread quickly as the wind blew red hot embers from rooftop to rooftop. In addition, as Boston streets were narrow, large flames from one structure could literally leap across them to nearby buildings.

Firefighting units from Maine to New Haven, Connecticut, arrived to help, but efforts to fight the fire were plagued by difficulties. There was not enough water on hand to get the fire under control; the hydrant system did not work well because much of the equipment was not standardized; and even when firefighters got their hands on an adequate supply of water, the height of the buildings and the narrowness of the streets made it difficult to direct the water at the blaze from the optimum angle. Because a local equine epidemic had struck the city fire department’s horses, it was difficult to get the fire engines to the correct locations at the right times. In addition, some of the efforts were counter-productive. Explosions were used to attempt fire breaks, but this high-risk strategy was not executed with enough precision and served only to further spread the fire.

The fire was finally stopped at the doors of Fanueil Hall the following morning, but it had already destroyed much of the downtown area. Boston’s officials realized that their fire-prevention efforts had been ineffective and, in the aftermath of the disaster, began to revise and strengthen all of the city’s fire laws and regulations. An inspection system was instituted and the local fire departments began to coordinate their efforts.

“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.

Andy Worthington: No Appetite for Prosecution: In Memoir, Bush Admits He Authorized the Use of Torture, But No One Cares

With just days to go before George W. Bush’s memoir, Decision Points, hits bookstores (on November 9), and with reports on the book’s contents doing the rounds after review copies were made available to the New York Times and Reuters, it will be interesting to see how many media outlets allow the former President the opportunity to try to salvage his reputation, how many are distracted by his spat with Kanye West or his claim that he thought about replacing Dick Cheney as Vice President in 2004, and how many decide that, on balance, it would be more honest to remind readers and viewers of the former President’s many crimes – including the illegal invasion of Iraq, and the authorization of the use of torture on “high-value detainees” seized in the “War on Terror.”

As I fall firmly into the latter camp, this article focuses on what little has so far emerged regarding the President’s views on Guantánamo, and, in particular, on his confession that he authorized the waterboarding of “high-value detainee” Khalid Sheikh Mohammed, which is rather more important than trading blows with a rapper about whether or not his response to the Katrina disaster was racist, as it is a crime under domestic and international law.

Nancy J. Altman: New York Times Columnist Peter Orszag Joins the Social Security Fearmongering Crowd

Former OMB Director Peter Orszag writes a tin-eared response to the elections, in his NYT op-ed, “Saving Social Security.”

Tuesday’s election gave expression to a deep frustration that Washington is not listening to Main Street. This frustration seems reasonable after reading the tin-eared response to the elections penned by former OMB Director Peter Orszag, in his recent opinion piece with its fear-mongering title, “Saving Social Security.”

Social Security is not in need of saving. It is the most fiscally responsible part of the entire federal budget. Its benefits are modest, averaging less than the minimum wage. It is extremely efficient, returning in benefits more than 99 cents of every dollar spent. At its most expensive, when the Baby Boom generation is fully retired, Social Security will cost half as much, in terms of percentage of GDP, that France, Germany and many other countries are paying for their counterpart programs right now, today. Its projected deficit, still decades away, is manageable in size – just 0.7 percent of GDP, about the same amount as extending the Bush tax cuts for the top two percent of Americans. (Paradoxically, Orszag recently penned a piece advocating the extension of those tax cuts)

Barry Eisler: The Definition of Insanity

Last month, the Washington Post published an op-ed by Jack Devine, former CIA deputy director of operations and chief of the CIA Afghan Task Force. When I read it, I thought it was perhaps the most insane op-ed I’d ever come across. But leave it to David Broder, “Dean of the Washington Press Corps,” to try to one-up it just three weeks later.

Let’s take Devine’s piece first. Devine argues that our top priority in Afghanistan must be capturing or killing bin Laden. Devine asks, “We have entered into two problematic wars and have expended a great deal of blood and treasure since Sept. 11. What was it all about, if not capturing bin Laden?”

I think I know now why invading Iraq was “problematic.” You see, bin Laden wasn’t in Iraq. No wonder we can’t find the guy. . . .

And now, Broder.

There’s less to say about Broder’s piece, but only because he expresses his insanity more succinctly than does Devine. First, he lays out his premise: war and peace are the only forces influencing the economy that the president can control. Second, his evidence: World War II resolved the Great Depression. Finally, his slam dunk conclusion: Obama should take America to war with Iran (Congressional declarations of war are so pre-9/11) because war with Iran will improve America’s economy.

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

November 8 is the 312th day of the year (313th in leap years) in the Gregorian calendar. There are 53 days remaining until the end of the year.

On this day in 1793 the Louvre opens as a public museum. After more than two centuries as a royal palace, the Louvre is opened as a public museum in Paris by the French revolutionary government. Today, the Louvre’s collection is one of the richest in the world, with artwork and artifacts representative of 11,000 years of human civilization and culture.

The Musée du Louvre or officially Grand Louvre – in English the Louvre Museum or simply the Louvre – is one of the world’s largest museums, the most visited art museum in the world and a historic monument. It is a central landmark of Paris and located on the Right Bank of the Seine in the 1st arrondissement (district). Nearly 35,000 objects from prehistory to the 19th century are exhibited over an area of 60,600 square metres (652,300 square feet).

The museum is housed in the Louvre Palace (Palais du Louvre) which began as a fortress built in the late 12th century under Philip II. Remnants of the fortress are still visible. The building was extended many times to form the present Louvre Palace. In 1682, Louis XIV chose the Palace of Versailles for his household, leaving the Louvre primarily as a place to display the royal collection, including, from 1692, a collection of antique sculpture. In 1692, the building was occupied by the Académie des Inscriptions et Belles Lettres and the Académie Royale de Peinture et de Sculpture, which in 1699 held the first of a series of salons. The Académie

remained at the Louvre for 100 years. During the French Revolution, the National Assembly decreed that the Louvre should be used as a museum, to display the nation’s masterpieces.

The museum opened on 10 August 1793 with an exhibition of 537 paintings, the majority of the works being confiscated church and royal property. Because of structural problems with the building, the museum was closed in 1796 until 1801. The size of the collection increased under Napoleon when the museum was renamed the Musée Napoleon. After his defeat at Waterloo, many works seized by Napoleon’s armies were returned to their original owners. The collection was further increased during the reigns of Louis XVIII and Charles X, and during the Second French Empire the museum gained 20,000 pieces. Holdings have grown steadily through donations and gifts since the Third Republic, except during the two World Wars. As of 2008, the collection is divided among eight curatorial departments: Egyptian Antiquities; Near Eastern Antiquities; Greek, Etruscan, and Roman Antiquities; Islamic Art; Sculpture; Decorative Arts; Paintings; Prints and Drawings.

Partial transcript below h/t TheCallUp @ FDL

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

November 7 is the 311th day of the year (312th in leap years) in the Gregorian calendar. There are 54 days remaining until the end of the year.

On this dayin 1940, Only four months after its completion, the Tacoma Narrows Bridge in Washington State suffers a spectacular collapse.

When it opened in 1940, the Tacoma Narrows Bridge was the third-longest suspension bridge in the world. Built to replace the ferry system that took commuters from Tacoma across the Tacoma Narrows to the Gig Harbor Peninsula, the bridge spanned 2,800 feet and took three years to build. To save cost, the principle engineer, Leon Moisseiff, designed the bridge with an unusually slender frame that measured 39 feet and accommodated just two vehicular lanes.

The Tacoma Narrows Bridge opened with great fanfare on July 1, 1940. Human traffic across the waters of the Tacoma Narrows increased dramatically, but many drivers were drawn to the toll bridge not by convenience but by an unusual characteristic of the structure. When moderate to high winds blew, as they invariably do in the Tacoma Narrows, the bridge roadway would sway from side to side and sometimes suffer excessive vertical undulations. Some drivers reported that vehicles ahead of them would disappear and reappear several times as they crossed the bridge. On a windy day, tourists treated the bridge toll as the fee paid to ride a roller-coaster ride, and the Tacoma Narrows Bridge earned the nickname “Galloping Gertie.