Tag: Barack Obama

Jun 04 2013

The Trial of Bradley Manning Begins

After three years, the court martial of PFC Bradley Manning, charged with leaking of sensitive information to WikiLeaks, began in Fort Meade in Maryland, yesterday. The proceeding, before a judge,  Colonel Denise Lind, could take as long as three months with over 200 scheduled witnesses. IT began with Judge Lind, asking Manning to confirm his decision not to have the case decided by a jury, and if he was satisfied with his defense team, to which, he answered, “Yes, your honor.” Opening statements began with the prosecution’s statement by government lawyer, Captain Joe Morrow.

“This is not a case about a few documents … or about a government official who made a discrete leak,” Morrow said. “It was about dumping hundreds of thousands of classified information into the lap of the enemy. PFC Manning violated the trust of his superiors to gain the notoriety he craved.”

In his opening statement, defense lawyer, David Coombs, gave a starkly different picture of Manning, describing him as a humanist, “young, naive, but good intentioned”.

Coombs referred to a separate set of web chats that Manning had with a transgender woman called Lauren McNamara, who was at the time a man, before the soldier deployed. The chats showed that Manning felt “a huge amount of pressure to do everything he could to help his unit”, Manning said. “He was reading more into politics and philosophy and he indicated he was doing that as he wanted to give the best possible information to his commander and possibly save lives,” Coombs said.

But Manning’s mindset changed dramatically on Christmas Eve, 2009. Manning was ordered to investigate a roadside bomb attack on a passing US military convoy near the base. [..]

“After the 24 December incident he started to struggle. He kept thinking about that family who had pulled over in their car to let the convoy go by,” Coombs said, adding that Manning also had ” a very internal private struggle with his gender”.

The impact of those struggles instilled in Manning a need to “do something to make a difference in this world”, Manning said. “From that moment forward he started selecting information that he believed the public should hear and see, information that would make the world a better place.”

At emptywheel, Marcy Wheel examined the document that the government is using to prosecute Manning. She doesn’t this it says what the government is claiming:

The report itself is actually ambiguous about whether or not our adversaries were using WikiLeaked data. It both presents it as a possibility that we didn’t currently have intelligence on, then presumes it. [..]

If this document is proof Manning should have known (the conflicting statements notwithstanding) that leaking to WikiLeaks would amount to leaking to our adversaries, it’s also proof that DOD knew they had an INFOSEC problem that might lead to leaked information, one they pointedly didn’t address.

But I’m also amused by one of the case studies in the danger of leaked WikiLeaks information: that it might be used to suggest DOD is getting gouged by our contractors working on JIEDDO, our counter-IED program. [..]

To sum up: not only doesn’t this report assert that leaking to WikiLeaks amounts to leaking to our adversaries; on the contrary, the report identifies that possibility as a data gap. But it also provides several pieces of support for the necessity of something like WikiLeaks to report government wrongdoing.

In an interview on Democracy Now with Amy Goodman, Firedoglake reporter Kevin Gosztola, who is at Ft. Meade covering the trial, and attorney Chase Madar, author of “The Passion of Bradley Manning,” discussed the start of the court martial and the secrecy that will surround much of the testimony under the guise of “national security.”



Transcript can be read here

Over at FDL’s The Dissenter, Kevin Gosztola summarizes the opeing statement of the prosecution and defense and provides regular Live Updates:

Here is the link for today’s Live Update and Julian Assange’s statement on the first day of the trial:

To convict Bradley Manning, it will be necessary for the US government to conceal crucial parts of his trial. Key portions of the trial are to be conducted in secrecy: 24 prosecution witnesses will give secret testimony in closed session, permitting the judge to claim that secret evidence justifies her decision. But closed justice is no justice at all.

What cannot be shrouded in secrecy will be hidden through obfuscation. The remote situation of the courtroom, the arbitrary and discretionary restrictions on access for journalists, and the deliberate complexity and scale of the case are all designed to drive fact-hungry reporters into the arms of official military PR men, who mill around the Fort Meade press room like over-eager sales assistants. The management of Bradley Manning’s case will not stop at the limits of the courtroom. It has already been revealed that the Pentagon is closely monitoring press coverage and social media discussions on the case.

This is not justice; never could this be justice. The verdict was ordained long ago. Its function is not to determine questions such as guilt or innocence, or truth or falsehood. It is a public relations exercise, designed to provide the government with an alibi for posterity. It is a show of wasteful vengeance; a theatrical warning to people of conscience.

After the screening of Jeremy Scahill’s documentary, “Dirty Wars,” in Washington, DC Friday night, Kevin asked Jeremy for his thoughts on Bradley’s trial.

Jun 03 2013

A Discussion of Obama’s “Dirty Wars”

In a fascinating hour and a half, Jeremy Scahill, the National Security Correspondent at The Nation magazine, discusses his book and award winning documentary “Dirty Wars.” Joined by Spencer Ackerman, formerly of “Wired” now National Security Editor for The Guardian, they discuss President Obama’s drone program, preemptive war and the assassination of Anwar al-Awlaki and two weeks later, his 16 year old son, Abdulrahman al-Awlaki. They also talk about Obama’s roll in the jailing of Yemeni journalist,  Abdulelah Haider Shaye, for his reporting of the US bombing of  al-Majalah, a impoverished Yemeni village killing 46 people mostly women and children. Later in the talk, Jeremy took written questions from the audience, discussing Blackwater, Eric Prince and as well as the global impact and the legality of the perpetual drone war.

There is another way of looking at Pres. Obama’s speech the other day. And that is, he came out and did a full frontal defense of the US asserting the right to assassinate people around the world. . . that really is the take away. [..]

He is asserting the right of the Unites States to conduct these kinds of operations in perpetuity. [..]

The US does not recognize International Law unless it’s convenient. That true; it’s not a rhetorical statement. . . . There is one set of laws for the rest of the world and there another set of laws for the United States. [..]

There have been attempts to challenge many of these wars by the Center for Constitutional Rights, challenging under the War Powers Act and the idea that Congress cannot give these authorities to the president to wage these wars. The way they’ll get around it is they’ll say well, the Authority to Use Military Force (AUMF), that was passed after 9/11, gives us the right to strike in any country where we determine there be a connection to 9/11 or Al Qaeda.

In some cases now, we are targeting persons who were toddlerson 9/11. How can we say that they were attached to it, So in Obama’s speech, when he says he wants to refine the Authorization for Military force and, ultimately, real it, I think the first step of that is really disturbing. They’re talking about making permanent the sort of perpetual war mentality, probably by removing the language necessitating a connection to 9/11 or to Al Qaeda from it, so they can broaden their justification.

Also this White House, like the Bush/Cheney people, relies very heavily on Article II of the Constitution and an i interpretation that Commander in Chief clause gives the president the right to unilaterally set these policies. . . .They effectively perceive themselves as, on a counter-terrorism and national security issues, to be a dictatorship. And that Congress plays a minimal roll in those operations only funding it and overseeing how the money os spent but not necessarily overseeing the operations themselves.

There are Constitutional law experts that would say that’s a ridiculous interpretation of Article II of the Constitution, but it is being asserted in in  private.

It’s tough to stand up and be principled when someone like Obama is in office. It’s easy when to be against all this war and criminality when Bush/Cheney are there. They’re cartoonish villains.

Your principles are tested when someone like Obama is in office and you have the courage to stand up and say, “no. A principle is a principle and I’m against it when a Democrat does it and I’m against it when a Republican does it.”

There’s no such thing as Democratic cruise missile and a Republican cruise missile.

Jeremy recommended that everyone should watch California’s Democratic Rep. Barbra Lee’s speech on September 7, 2001. She was trembling as she gave one of the most epic speeches of this era. It took tremendous courage to stand up and say, “No.”  She was right then and she is right now.

We need to all stand up for the principles on which this country was founded and on which the current president was elected. It’s not just the economy, stupid, it’s the Republic, if we can keep it..

May 27 2013

Obama’s Neoconservative World

While much of the media was praising President Barack Obama’s speech on counter-terrorism and closing the military detention center at Guantanamo, others were hearing a reconfirmation of the neoconservative the war on terror, especially an expansion of the drone program and targeted assassinations:

But Obama’s speech appeared to expand those who are targeted in drone strikes and other undisclosed “lethal actions” in apparent anticipation of an overhaul of the 2001 congressional resolution authorizing the use of force against al Qaida and allied groups that supported the 9/11 attacks on the United States.

In every previous speech, interview and congressional testimony, Obama and his top aides have said that drone strikes are restricted to killing confirmed “senior operational leaders of al Qaida and associated forces” plotting imminent violent attacks against the United States.

But Obama dropped that wording Thursday, making no reference at all to senior operational leaders. While saying that the United States is at war with al Qaida and its associated forces, he used a variety of descriptions of potential targets, from “those who want to kill us” and “terrorists who pose a continuing and imminent threat” to “all potential terrorist targets.”

According to the above article from McClatchy, in a fact sheet that was distributed by the White House, targeted killings would continue outside “areas of active hostilities,” and could be used against “a senior operational leader of a terrorist organization or the forces that organization is using or intends to use to conduct terrorist attacks.” If the president’s intent was to quell the criticism of  charges by some legal scholars and civil and human rights groups, he fell more than a little flat, he outright failed.

During a panel discussion on MSNBC’s Up with Steve Kornacki, Buzz Feed corespondent Michael Hastings harshly shredded Pres. Obama speech sating that the president has bought into the Bush administration’s neoconservative world view:

“If you compare this speech to the speech he gave in Cairo, in 2009 or his Nobel Prize speech, you see almost a total rejection of the civil rights tradition that President Obama supposedly came out of… and just an embrace of total militarism,” Hastings said.

“That speech to me was essentially agreeing with President Bush and Vice President Cheney that we’re in this neo-conservative paradigm, that we’re at war with a jihadist threat that actually is not a nuisance but the most important threat we’re facing today,” Hastings continued.

The discussion continued on the ramifications of drone strikes on national security and US image with host Steve Kotnacki, Michael Hastings, Omar Farahstaff attorney in the Guantanamo Global Justice Initiative; Perry Bacon, Jr., msnbc contributor; and Kiron Skinner, professor, Carnegie Mellon University.

In response to the president’s speech, the Miami Herald Editorial Board took him to task over the abuse of the power of his office and the need for congress to rein in the president during wartime:

The president attempted to strike a balance between the need to use force against persistent threats and the obligation to overhaul the structures put in place to respond to 9/11 – from the use of drones to the creation of the prison at Guantánamo Bay.

It’s about time. In the 12 years since the attack on the Twin Towers, presidential authority has expanded dramatically in response to the threat, but that does not mean it should be that way forever. It offends the constitutional foundation of American democracy for any chief executive to wield permanent, unchecked authority to order drone strikes anywhere in the world beyond our borders against anyone deemed a suitable target – including Americans – and past time to impose effective limits on such power. [..]

But the speech left many questions unanswered. The 16-page policy guideline the president approved prior to the speech remains classified. And despite all the talk about transparency, the administration is still withholding from Congress legal opinions governing targeted killings.

Despite the build up from the White House fed talking points to the news media, the president’s speech did little to reassure the public that he shifting away from perpetual war with no boarders.

May 25 2013

Saturday May 25, 2013: Up with Steve Kornacki Tweets

Man, I was pissed off this morning. more about that meaningless BS speech from the President that was just bluster because the word is getting out about the forced feedings in Gitmo. This speech seems to give all MSNBC hosts orgasms as if it's the DNC in 2008 again. It was a rather sickening display all week, until today. Michael Hastings called out everyone's BS and showed how like Bush/Cheney this speech was even with some of the more loftier meaningless rhetoric which will have 0 action. There was also a lot of fear mongering about how we need drones or we're all going to die. That made #Uppers better.

Thank you for reading.

May 23 2013

Yes, We Did Assassinate Four Americans, But

In a letter to Senate Judiciary Committee Chairman Patrick Leahy (D- VT) (pdf), Attorney General Eric Holder acknowledged for the first time Wednesday that four American citizens have been killed in drone strikes since 2009 in Pakistan and Yemen.

In conducting U.S. counterterrorism operations against al-Qaida and its associated forces, the government has targeted and killed one American citizen, Anwar al-Awlaki, and is aware of the killing by U.S. drones of three others, Attorney General Eric Holder said in a letter to Senate Judiciary Committee Chairman Patrick Leahy.

Al-Awlaki, a radical Muslim cleric, was killed in a drone strike in September 2011 in Yemen. Holder said three other Americans were killed by drones in counterterrorism operations since 2009 but were not targeted. The three are Samir Khan, who was killed in the same drone strike as al-Awlaki; al-Awlaki’s 16-year-old son, Abdulrahman, a native of Denver, who also was killed in Yemen two weeks later; and Jude Kenan Mohammed, who was killed in a drone strike in Pakistan.

AGLetter5-22-13

Attorney Jesselyn Radack, former Justice Department ethics attorney who blew the whistle in the case of “American Taliban” John Walker Lindh, in a blog post writes:

The biggest revelation in Holder’s letter  – that the U.S. has droned a fourth American, Jude Kenen Mohammed  – is also the greatest of many deficiencies. All Holder says is the U.S. killed but didn’t target these two American men (Mohammed and Samir Kahn) and one American child (al-Awlaki’s 16-year-old son). [..]

Ms. Raddack points out that while the letter includes new and credulous accusations about al-Awlaki posing an “imminent threat”, it tells us nothing about how the other Americans ended up being killed by drones. Good question, that I doubt we’ll ever get an answer.

The other point MS. Raddack makes goes to the public’s right to know the legal justification that was given to the president by the Office of Legal Council:

If Holder wants to draw a distinction between Americans that the U.S. government targets and kills without due process and those Americans that the U.S. government kills without due process but doesn’t target, then the American people are entitled to know the legal basis for when the government finds it acceptable to make Americans collateral damage in the legally-unsustainable, morally-reprehensible unilateral drone drops.

There are lots of questions. If these three Americans were not the targets, then who were they targeting? And why?

In an interview this morning on Democracy Now, author and journalist, Jeremy Scahill say that this admission “raises more questions than it answers“:

“In Eric Holder’s letter,” Scahill stated, “he talks about how Anwar Awlaki was actively involved in imminent plots against the United States, that he had directed the so-called underwear bomber, Umar Farouk Abdulmutallab, who tried to blow up a U.S. airplane over the city of Detroit on Christmas Day 2009. And what’s interesting is that all of these allegations are made by Eric Holder, but no actual evidence has ever been presented against Awlaki to indicate that he played the role that Eric Holder is asserting. His trial was basically just litigated through leaks in the press. He was never indicted on any of these charges. And Holder, in fact, in his letter, says that we have all of this evidence, but it’s too dangerous to be made public. And so, there’s really a continuation of a posthumous trial of Anwar Awlaki through leaks and now through this letter from Eric Holder.”

Scahill notes that the details of the death of Jude Mohammad, who had been indicted, have not been released; that there were no criminal charges against Samir Khan, a Pakistani-American from North Carolina who was killed alongside al-Awlaki; and Holder used an curious phrase, “not specifically targeted,” referencing the death of 16 year old Abdulrahman al-Awlaki.



Full transcript is here

He goes on:

“You know, what does that phrase mean? It’s almost like an Orwellian statement, ‘not specifically targeted.’ Well, it could mean that these individuals were killed in the signature strikes that you mentioned, which is a sort of form of pre-crime, where the U.S. determines that any military-aged males in a targeted area are in fact terrorists, and their deaths will be registered as having killed terrorists or militants. So, it’s possible that the other Americans that were killed were killed in these so-called signature strikes.

“But in the case of this 16-year-old boy, it’s almost impossible to believe that it’s a coincidence that two weeks after his father is killed, he just happens to be killed in a U.S. drone strike. And there were leaks at the time from U.S. officials telling journalists that, oh, he actually was 21 years old, he was at an al-Qaida meeting. But they’ve never been able to identify who they killed in that strike. And the Obama administration has never publicly taken on the fact that they killed one of their own citizens who was a teenage boy. There are no answers to that question. So, I think that there has to be a far more intense scrutiny of the statements of the attorney general and also what we understand the president is going to say later.”

Yes, the Obama administration assassinated four Americans, but …..

President Barack Obama’s speech on his never ending war on terror.

In short, war for without end anywhere on earth because the president said so.

 

May 22 2013

Corporate Taxes = 0

The Real IRS Scandal Is That ‘They Let General Electric Not Pay Any Taxes’

In an email to The Huffington Post on Sunday, GE spokesman Seth Martin wrote that the company paid $3.2 billion in cash income taxes worldwide, including in the U.S., in 2012. In addition, he stated, GE paid more than $1 billion in other state, local and federal taxes.

“GE is one of the largest payers of corporate income taxes,” Martin wrote.

Still, GE and other hugely profitable U.S.-based companies like it have come under fire in recent years over their tax practices. Tax breaks given to corporations cost the U.S. government $180 billion per year, according to a recent report from the Government Accountability Office. In addition, companies are likely stashing $1.9 trillion overseas in an aim to avoid paying U.S. taxes on those profits, according to a March analysis by Bloomberg.

GE parks the most profits offshore of any company, Bloomberg found. Many companies including, Apple, Microsoft and Google allegedly employ this strategy of keeping money overseas to avoid paying U.S. taxes on those profits.

The real problem is that GE doesn’t pay its fair share of the US tax burden and, apparently, Apple gets away with a billion dollar tax dodge due to a loop hole in the tax laws. Tim Cooke, Apple’s CEO, appearing before Senate Permanent Subcommittee on Investigations defended funneling billions to off shore tax shelters. What didn’t get mentioned at the hearings were the billions that Apple saved using the “excess stock options” tax break. The loophole allows corporations to deduct compensation that they give to executives in the form of stock options as an expense, the same way they deduct cash compensation. The hitch: stock options don’t hurt the companies bottom line, unlike cash options.

“The only meaningful costs associated with this are that the more stock you issue, the more it dilutes the value of the stock that’s already held by shareholders,” Matthew Gardner the executive director of the Institute on Taxation and Economic Policy told The Huffington Post last month.

Apple took home $3.2 billion between 2010 and 2012 (pdf) thanks to this tax break — the most of any company, the report found. But it’s not the only company taking advantage of the loophole. Activists have criticized Facebook over its use of the executive stock option tax break in recent months after the social networking giant used it to wipe out its entire tax liability in 2012.

Though using the tax break has been rather common practice among technology companies, which tend to issue a higher percentage of their compensation in stock options, it’s becoming more common and lawmakers are slowly starting to take notice, Gardner said.

While the hearing focused on Apple’s offshore holdings, companies have stashed $1.9 trillion in offshore accounts to avoid paying US taxes.

Large U.S. companies boosted their offshore earnings by 15 percent last year to a record $1.9 trillion, avoiding hefty tax bills by keeping the profits abroad, according to a new report.

The overseas earnings stockpile has climbed by 70 percent over the past five years, said research firm Audit Analytics. Data in its report covers the Russell 3000 index of the largest U.S. corporations. [..]

Conglomerate General Electric Co , had the most indefinitely reinvested overseas earnings, at about $108 billion, while drugmaker Pfizer Inc was next with $73 billion, according to Audit Analytics.

Yeah, corporations not paying taxes is the problem.

May 21 2013

Obama’s Never Ending War

The Authorization to Use Military Force is a joint resolution passed by the United States Congress on September 14, 2001, authorizing the use of United States Armed Forces against those responsible for the attacks on September 11, 2001. During a hearing before the Senate Armed Services Committee, Pentagon officials testified that the authorization would be needed for another 10 to 20 years and could be used anywhere from “Boston to FATA (Pakistan’s federally administered tribal areas).” According to the interpretation of these officials this could be done under the current AUMF without any further authorization from Congress. Those claims elicited disbelief, even from war hawk Sen. John McCain (R-AZ) who said, “For you to come here and say we don’t need to change it or revise or update it, I think is, well, disturbing.”

Indeed, but disturbing is an understatement, but none of the Senators suggested that the powers under the AUMF be dialed back.

Testifying before the committee on May 16 were Assistant Defense Secretary Michael Sheehan; Robert Taylor, the acting general counsel for the Department of Defense; Brig. Gen. Richard Gross, Legal Counsel, Chairman of the Joint Chiefs of Staff; and Gen. Michael Nagata, Deputy Director for Special Operations/Counterterrorism, J-37, Joint Staff

This excerpt of the hearing from Democracy Now includes Sen. Lindsey Graham (R-SC); Robert Taylor, acting general counsel, Department of Defense; Michael Sheehan, assistant secretary of defense for special operations/low-intensity conflict, Department of Defense; and Sen. Angus King (I-Maine).



Transcript is here

From Glenn Greenwald at the Guardian on Pres. Obama’s permanent war on terror:

That the Obama administration is now repeatedly declaring that the “war on terror” will last at least another decade (or two) is vastly more significant than all three of this week’s big media controversies (Benghazi, IRS, and AP/DOJ) combined. The military historian Andrew Bacevich has spent years warning that US policy planners have adopted an explicit doctrine of “endless war”. Obama officials, despite repeatedly boasting that they have delivered permanently crippling blows to al-Qaida, are now, as clearly as the English language permits, openly declaring this to be so.

It is hard to resist the conclusion that this war has no purpose other than its own eternal perpetuation. This war is not a means to any end but rather is the end in itself. Not only is it the end itself, but it is also its own fuel: it is precisely this endless war – justified in the name of stopping the threat of terrorism – that is the single greatest cause of that threat. [..]

The genius of America’s endless war machine is that, learning from the unplesantness of the Vietnam war protests, it has rendered the costs of war largely invisible. That is accomplished by heaping all of the fighting burden on a tiny and mostly economically marginalized faction of the population, by using sterile, mechanized instruments to deliver the violence, and by suppressing any real discussion in establishment media circles of America’s innocent victims and the worldwide anti-American rage that generates.

Though rarely visible, the costs are nonetheless gargantuan. Just in financial terms, as Americans are told they must sacrifice Social Security and Medicare benefits and place their children in a crumbling educational system, the Pentagon remains the world’s largest employer and continues to militarily outspend the rest of the world by a significant margin. The mythology of the Reagan presidency is that he induced the collapse of the Soviet Union by luring it into unsustainable military spending and wars: should there come a point when we think about applying that lesson to ourselves?

Then there are the threats to Americans’ security. Having their government spend decades proudly touting itself as “A Nation at War” and bringing horrific violence to the world is certain to prompt more and more people to want to attack Americans, as the US government itself claims took place just recently in Boston (and as clearly took place multiple other times over the last several years). [..]

The Obama administration already claims the power to wage endless and boundless war, in virtually total secrecy, and without a single meaningful check or constraint. No institution with any power disputes this. To the contrary, the only ones which exert real influence – Congress, the courts, the establishment media, the plutocratic class – clearly favor its continuation and only think about how further to enable it. That will continue unless and until Americans begin to realize just what a mammoth price they’re paying for this ongoing splurge of war spending and endless aggression.

Harvard Law professor and former Bush DOJ official Jack Goldsmith, who also testified, wrote this at the end of his brief summery of the hearing:

My general impression of the hearing was that (1) DOD officials were very uncomfortable talking about how they interpret the AUMF and what groups are covered by it, (2) those officials interpret the AUMF very broadly, and (3) several members of the Committee were surprised by the breadth of DOD’s interpretation of the AUMF.  I came away thinking that Congress cannot address the problem of extra-AUMF threats until it gets a handle on how the AUMF is being interpreted and deployed.  I also came away thinking more than ever that Congress needs to re-engage in a serious way about the nature and scope of the conflict against al Qaeda and affiliates.  Amazingly, there is a very large question even in the Armed Services Committee about who the United States is at war against and where, and how those determinations are made.

The solutions are for Congress to repeal the AUMF or for the Supreme Court to declare it unconstitutional. Don’t hold your breath for either of those things happening.

May 16 2013

Are We Really the Reality Based Community? We Don’t Act Like It.

This is not directed at the reality based The Stars Hollow Gazette community.

And by “we” I don’t mean me or I, because I make a good effort to at least try. I’m talking about blogs like Daily Kos. I had always assumed, because of the many insightful writers on the site and on the front page that was the case. However, we are starting to see some of what we see with corporate control of all airwaves in how site moderation is run.

For instance, whether on Fox News, CNN or MSNBC there is always a fake debate when it comes to climate change which is undeniably happening since we have hit 400 ppm of CO2 in our atmosphere for the first time in 3 million years. When this spectacle that pretends to be a live debate on TV happens, there are always two guys picked by the network to come on TV to debate the issue; one a NASA scientist like say James Hansen and one fringe dwelling Koch funded climate changed denier to debate as if there is something to debate as if both sides have an equal argument to make. WRONG. The science is in.

I always thought we in the progressive blogosphere prided ourselves on not accepting that dynamic, but now I am starting to wonder. On the issues I go to great lengths to cover when it comes to the economy, there are certain undeniable facts that have to be acknowledged whether you are a Post Keynesian MMT proponent like me or not. I mean, if we are any different than debates on red state or the corporate owned media, that is. I have to wonder about that now, because it now appears from what went on in my last diary in the comment section that a moderator here stepped in and made an effort to portray the troll like behavior and continual denial of established facts in every diary of mine as “just an honest disagreement.”

It was inferred that I was “out of line” for accurately describing a commentator while using a term that accurately describes his brand of troll like behavior. That’s not out of line. When people act like trolls in every diary of mine I can only ignore it for so long before calling it out directly. We can’t just ignore this kind of behavior forever in this community. I mean, not if we still consider ourselves part the reality based community. Do we?

May 15 2013

IRS Gate: Just Ineffective Management?

President Obama is definitely having a bad week with two screw ups by the IRS and the Department of Justice and the Republicans obsession with Benghazi. The media has latched on to these “crises” like pit bulls with a juicy ankle. While Benghazi-gate is purely political with its eye on tainting the possible 2016 presidential campaign of Hillary Clinton, the secret subpoena of AP’s phone records and the IRS targeting of right wing 501(c)4’s financing have more relevance.

The news that the IRS was focusing on conservative groups with words such as “tea party” or “patriot” in their names broke when the director of the IRS’s exempt-organi­zations division, Lois G. Lerner, confirmed complaints by tea party groups that their applications for ­tax-exempt status were being unfairly scrutinized and delayed. Oops.

Naturally, the right wing came was furious and rejected the IRS apology demanding an full investigation:

“I call on the White House to conduct a transparent, government-wide review aimed at assuring the American people that these thuggish practices are not underway at the IRS or elsewhere in the administration against anyone, regardless of their political views,” Senate Minority Leader Mitch McConnell (R-Ky.) said. “An apology won’t put this issue to rest.”

“The IRS has demonstrated the most disturbing, illegal and outrageous abuse of government power,” said Jenny Beth Martin, national coordinator of Tea Party Patriots. “This deliberate targeting and harassment of tea party groups reaches a new low in illegal government activity and overreach.”

The IRS has a notoriously bad history of being used by presidents to harass and intimidate their political enemies, most infamously by Richard M. Nixon. Since Watergate the IRS was reformed making it more independent supposedly to insulate from politics.

In a government oversight report (pdf) by the Treasury Inspector General for Tax Administration, the IRS was found to have acted “inappropriately” and was poorly managed allowing “inappropriate criteria to be developed and stay in place for more than 18 months.”

All In host, Chris Hayes discussed the report and how the IRS handled this internally with New York Times reporter Nicholas Confessor.

Andy Kroll at Mother Jones recounts the five things you need to know in the Inspector General’s IRS Tea Party Scandal Report:

Treasury’s Inspector General for Tax Administration conducted the probe from June 2012 to February 2013 in response to pressure from Congress, and the 54-page report sheds light on the whole debacle.

Here are five key takeaways from the report.

1) Incompetence appears to have caused this scandal, not wrongdoing. [..]

2) Even the IRS doesn’t understand how political is too political in the murky world of 501(c)(4) groups. [..]

3) All the confusion at the IRS led to a huge backlog and a lot of unnecessary headaches. [..]

4) The IRS didn’t feel outside pressure to single out tea partiers. [..]

5) The report gives as much fodder to transparency advocates as it does to IRS critics.

May 14 2013

Obama DOJ: What First Amendment

I’m proud to be here as you host World Press Freedom Day.  So everybody from the American press corps, you should thank the people of Costa Rica for celebrating free speech and an independent press as essential pillars of our democracy.

~President Obama

Remarks by President Obama and President Chinchilla of Costa Rica in a Joint Press Conference, in National Center for Art and Culture San Jose, Costa Rica, 10 days ago.

That was so ten days ago. The news broke that Obama Department of Justice had secretly seized two months of phone records of the Associated Press reporters and editors.

The government would not say why it sought the records. Officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have provided information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.

In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP’s source, which he denied. He called the release of the information to the media about the terror plot an “unauthorized and dangerous disclosure of classified information.”

Prosecutors have sought phone records from reporters before, but the seizure of records from such a wide array of AP offices, including general AP switchboards numbers and an office-wide shared fax line, is unusual.

The president and CEO of AP, Gary Pruitt sent a letter protesting the “massive and unprecedented intrusion” (pdf):

Last Friday afternoon, AP General Counsel Laura Malone received a letter from the office of United States Attorney Ronald C. Machen Jr. advising that, at some unidentified time earlier this year, the Department obtained telephone toll records for more than 20 separate telephone lines assigned to the AP and its journalists. The records that were secretly obtained cover a full two-month period in early 2012 and, at least as described in Mr. Machen’s letter, include all such records for, among other phone lines, an AP general phone number in New York City as well as AP bureaus in New York City, Washington, D.C., Hartford, Connecticut, and at the House of Representatives. This action was taken without advance notice to AP or to any of the affected journalists, and even after the fact no notice has been sent to individual journalists whose home phones and cell phone records were seized by the Department.

There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know.(my emphasis)

h/t to Marcy Wheeler who points out the two months, April to May of 2012, that were of interest covered the period that, now CIA Director, John Brennan had rolled out his drone propaganda campaign:

That would mean they’d get the sources for this Kimberly Dozier story published May 21 [..]

Within 10 days of the time Dozier published that story, John Brennan had rolled out an enormous propaganda campaign – based on descriptions of the drone targeting process that Brennan’s power grab had replaced, not the new drone targeting process – that suckered almost everyone commenting on drones that drone targeting retained its previous, more deliberative, targeting process, the one Brennan had just changed.

And that propaganda campaign, in turn, hid another apparent detail: that UndieBomb 2.0, a Saudi sting had actually occurred earlier in April, and that UndieBomb 2.0 preceded and perhaps justified the signature strikes done at the behest of the Yemenis (or more likely the Saudis).

Marcy listed the timeline of the AP stories that were focused on Brennan and the undie bomber. However, it was after the Dozier story that  Brennan began his propaganda campaign to cover up how illegal and uncontrollable the drone program is.

Comparing this to Nixon and Watergate, Charles P. Pierce goes full throttle on why Eric Holder should be fired:

This isn’t hard. This is what made Egil (Bud) Krogh famous. This is what got people sent to jail in the mid-1970’s. This is the Plumbers, all over again, except slightly more formal this time, and laundered, disgracefully, even more directly through the Department Of Justice. And of course, this is not nearly good enough. And even if you point out, as you should, that the AP is hyping this story a little — The government “secretly” obtained the records? Doesn’t that imply that nobody knew the records had been seized? Wasn’t there a subpoena? The phone companies knew. — the ignoble clumsiness of this more than obviates those particular quibbles.

The White House on Monday said that other than press reports it had no knowledge of Justice Department attempts to seek AP phone records. “We are not involved in decisions made in connection with criminal investigations, as those matters are handled independently by the Justice Department,” spokesman Jay Carney said.

That is all my arse. At the least, this was a counter-terrorism operation. (Why else would Brennan have been questioned already?). Which puts the whole business inside the White House. And you’d have to be a toddler or a fool to believe that Eric Holder could go off on his own and take as politically volatile a step as this. But, let us take the White House at its word. Eric Holder did this by himself. He should be gone. This moment. Not only is this constitutionally abhorrent, it is politically moronic. Nobody likes the press, I will grant you that, but the administration is soft if it thinks the public distrusts the press that much. And to have this genuinely chilling revelation emerge simultaneously with the Benghazi, Benghazi!, BENGHAZI! mummery and the IRS dumbassery is pretty much a full broadside below the water line of this administration’s credibility. Good god, this is going to be one long-ass summer.

Pres. Obama needs to do damage control starting with throwing Holder to the wolves. I suspect this will be the next congressional investigation in an effort to not just derail Hillary Clinton’s 2016 campaign but to build a case for impeachment of Obama for abuse of his executive powers. A long hot summer, indeed.

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