Tag: Politics

US Attorney General Eric Holder asserted in a speech at Northwestern University’s law school that it is lawful for the government to kill American citizens if officials deem them to be operational leaders of Al Qaeda who are planning attacks on the United States and if capturing them alive is not feasible. He did this without legal citations or footnotes to the speech. Eric Holder needs to reread the Constitution, in particular the 5th, 6th, and 14th amendments, with an emphasis on the 6th

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

There are seven rights in just that one amendment that go to the heart of the principles of the judicial process:

   1. The right to a speedy trial

   2. The right to a public trial

   3. The right to be judged by an impartial jury

   4. The right to be notified of the nature and circumstances of the alleged crime

   5. The right to confront witnesses who will testify against the accused

   6. The right to find witnesses who will speak in favor of the accused

   7. The right to have a lawyer

“Due process balances the power of law of the land and protects individual persons from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.”

And according to the 5th Amendment‘s brief but very clear language, no person “be deprived of life, liberty, or property, without due process of law.”

Law professor Jonathan Turley wrote at his blog that Holder has promised to kill citizens with care. That, in effect, is the pledge the Obama administration’s attorney general says has replaced our constitutional protections:

[..]The good news is that Holder promised not to hunt citizens for sport. Holder proclaimed that:

   “The president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war – even if that individual happens to be a US citizen.”

The use of the word “abroad” is interesting since senior administration officials have asserted that the president may kill an American anywhere and anytime, including in the United States. Holder’s speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added, “Our legal authority is not limited to the battlefields in Afghanistan.” [..]

Holder became particularly cryptic in his assurance of caution in the use of this power, insisting that they will kill citizens only with “the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States.” What on earth does that mean? [..]

He was more clear in establishing that due process itself is now defined differently than it has been defined by courts since the start of this Republic. He declared that “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.'” Of course, from any objective standpoint, that statement is absurd and Orwellian. It is basically saying that “we will give the process that we consider due to a target.” His main point was that “due process” will now no longer mean “judicial process.” [..]

This Administration has consistently maintained that courts do not have a say in such matters. Instead, they simply define the matter as covered by the Law Of Armed Conflicts (LOAC), even when the conflict is a war on terror. That war, they have stressed, is to be fought all around the world, including the United States. It is a battlefield without borders as strikes in other countries have vividly demonstrated.

Brian Sonenstein at FDL calls for action:

Since the whole world is a battlefield in the vague ‘war on terror,’ the only due process afforded to someone who has been targeted for extrajudicial execution is a secret ‘review’ by the panel of senior officials in the executive branch.

Just as the public demanded the release of the Bush Administration’s Torture Memos to expose the ludicrous rationale behind their secret torture program, we too must demand to know the legal rationale for a program that allows our president to unilaterally choose to deprive someone of life and liberty – without any oversight or recourse available to the victim.

Holder’s speech was a cheap attempt to feign transparency without actually releasing the legal memos that define the administration’s execution program. We need your help to demand the Obama administration release these memos immediately so there can be an open public debate about Executive power and the execution of American citizens without any due process or outside accountability.

Please sign our petition demanding the Obama administration produce the internal memos and legal justification for their targeted execution program.

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

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

Wednesday is Ladies’ Day

Katrina vanden Heuvel: Super Tuesday’s big winner is already settled

The polls haven’t closed, but here’s one thing we already know: The big winners of Super Tuesday are the super PACs and big-money politics. In the run-up to Tuesday’s vote, the super PACs’ farcically described “independent expenditures” were far greater than the spending of the candidates’ campaigns.

A Las Vegas billionaire single-handedly has kept Newt Gingrich in the race. Mitt Romney’s “vulture capitalist” biography may raise doubts in some voters’ minds, but it has helped him sweep the money primary. And while Romney has found it hard to win significant support from Republican voters, his “independent” super PAC – Restore Our Future – has used that dough to carpet-bomb with negative ads any opponent who has risen to challenge him.

Laura Flanders:

Three years ago, a worker occupation in Chicago saved a factory and sent up a flare of resistance. Three years on, workers at the same factory are illuminating not only how workers might resist layoffs but also what they might do next.

“Last time it took six days. This time it took about eleven hours.” That’s union representative Leah Fried describing winning another reprieve last week for the factory formerly known as Republic Windows and Doors.

In December 2008, days after receiving a $25 billion federal bailout, Bank of America cut off Republic’s credit, leading management to fire all 250 workers without pay or notice. With layoffs approaching 500,000 a month around the country, Republic’s workers and their union, the militant United Electrical Workers, voted to resist. They occupied the plant and stayed, winning the hearts of downcast Americans everywhere and inspiring even an incoming US president. Bank of America backed down, giving the factory time to find a new buyer, which it did, a company called Serious Energy.

“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”.

Eugene Robinson: GOP Candidates Rush From Judgment

How’s this for political cowardice? Right-wing bloviator Rush Limbaugh launches a vile attack, full of sexual insults and smarmy innuendo, against a young woman whose only offense was to speak her mind. Asked to comment, the leading Republican presidential candidates-who bray constantly about “courage” and “leadership”-run from the bully and hide. [..]

What does this say about these men? To me, it suggests that maybe Romney isn’t as smart and disciplined as he’s said to be. Maybe Santorum isn’t as sincere, compassionate or moralistic as he appears. Maybe Gingrich’s vaunted intellectual courage is afraid of its own shadow.

Katrina vanden Heuval: Challenging the Self-Made Myth

Over the last thirty years, anti-government arguments by conservative pundits and politicians have gained prominence, and the rhetoric this 2012 campaign season seems more toxic than ever. Republicans are relentlessly pushing the notion that lower taxes, less regulation and small government (except for defense) will magically end the recession and create a better country, and “job creators” will lift all boats.

It’s BS. As Congressman Barney Frank recently said, “I’ve never seen a tax cut put out a fire. I’ve never seen a tax cut build a bridge.”

Americans benefit every day from government-from consumer protection to roads and bridges to food and safety regulation-even people who claim to hate an “activist government” are some of the prime beneficiaries of the safety net at a moment when there are still over four unemployed workers for every available job and nearly one in six Americans lives in poverty.

But the GOP has wagered its future on ruthlessly and relentlessly attacking government-it isn’t about to let reality get in the way of its crusade.

Featuring an all-star cast including George Clooney, Brad Pitt, Martin Sheen, Jamie Lee Curtis, Jane Lynch, Kevin Bacon and others, “8” is a play written by Academy Award winning screenwriter Dustin Lance Black and directed by acclaimed actor and director Rob Reiner. It is a powerful account of the case filed by the American Federation for Equal Rights (AFER ) in the U.S. District Court in 2010 to overturn Proposition 8, a constitutional amendment that eliminated the rights of same-sex couples to marry in the state of California. Framed around the trial’s historic closing arguments in June 2010, 8 provides an intimate look what unfolded when the issue of same-sex marriage was on trial.

This was a live production of the reading of Dustin Lance Black’s “8″, a play based on the transcripts from the hearings before Judge Vaughn Walker on the constitutionality of California’s Proposition 8 which banned state sanctioned same sex marriage. I join Teddy Partridge in his congrats to Judge Walker for having Brad Pitt play his roll. George Clooney and Martin Sheen play Daivd Boies and Ted Olson, the lawyers who argued the case for the American Foundation for Equal Rights. Also, Kevin Bacon plays Charles J. Cooper, the lead attorney for supporters of Proposition 8, and Jane Lynch is Maggie Gallagher, co-founder of the National Organization for Marriage. The actual play is about 90 minutes.

In February, a three judge panel of the 9th Circuit upheld Judge Walker’s decision. The supporters of Proposition 8 asked the Ninth Circuit to grant them an en banc rehearing of the 2 to 1 decision.

In his annual speech to AIPAC, President Obama said:

“Already, there is too much loose talk of war. Over the last few weeks, such talk has only benefited the Iranian government, by driving up the price of oil, which they depend on to fund their nuclear program. For the sake of Israel’s security, America’s security, and the peace and security of the world, now is not the time for bluster; now is the time to let our increased pressure sink in, and to sustain the broad international coalition we have built. Now is the time to heed that timeless advice from Teddy Roosevelt: speak softly, carry a big stick. And as we do, rest assured that the Iranian government will know our resolve – that our coordination with Israel will continue.”

If there is “too much loose talk of war”, perhaps President Obama needs to stop threatening to start one with Iran. The only ones who are driving up the price of oil with loose talk are Obama and the Prime Minister of Israel, Benjamin Netanyahu. The president needs to stop perpetuating lies that his own national security advisors have said are not true and of which there is no evidence:

“A nuclear-armed Iran is completely counter to Israel’s security interests. But it is also counter to the national security interests of the United States. Indeed, the entire world has an interest in preventing Iran from acquiring a nuclear weapon. A nuclear-armed Iran would thoroughly undermine the non-proliferation regime that we have done so much to build. There are risks that an Iranian nuclear weapon could fall into the hands of a terrorist organization. It is almost certain that others in the region would feel compelled to get their own nuclear weapon, triggering an arms race in one of the most volatile regions in the world. It would embolden a regime that has brutalized its own people, and it would embolden Iran’s proxies, who have carried out terrorist attacks from the Levant to southwest Asia.”

Iran, like the United States signed and ratified the Treaty on Non-Proliferation of Nuclear Weapons.

And this statement certainly doesn’t sound like Obama was backing away from banging the drum for a war:

“Iran’s leaders should know that I do not have a policy of containment,” he said. “I have a policy to prevent Iran from obtaining a nuclear weapon. And as I’ve made clear time and again during the course of my presidency, I will not hesitate to use force when it is necessary to defend the United States and its interests.”

Just how legal an attack, or even the threat of one, on Iran would be is discussed on this article by Glenn Greenwald at Salon:

Regardless of how one wants to rationalize these threats of an offensive military attack – they’re necessary to persuade the Israelis not to attack, they’re necessary to gain leverage with Iran, etc. – the U.N. Charter, to which the U.S. is a signatory, explicitly prohibits not just a military attack on another nation, but also the issuance of threats of such an attack. From Chapter II, paragraph 4:

   All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

Does this matter at all? Should we even pretend to care in any way what the U.N. Charter prohibits and whether the U.S. Government’s threats to attack Iran directly violate its core provisions? I’m not asking this simple question rhetorically but rather to hear the answer.

The UN was of little concern to George W. Bush; it’s no wonder it’s of little concern for Barack H. Obama

So what are Iran’s leaders saying? From Juan Cole:

“A week and a half ago, Khamenei gave a major foreign policy speech in which he said,

“The Iranian nation has never pursued and will never pursue nuclear weapons. There is no doubt that the decision makers in the countries opposing us know well that Iran is not after nuclear weapons because the Islamic Republic, logically, religiously and theoretically, considers the possession of nuclear weapons a grave sin and believes the proliferation of such weapons is senseless, destructive and dangerous.“

There is no evidence that Iran is trying to even develop a nuclear weapon. Getting into another war in the Middle East is not in the best interests of the US, Israel or the rest of the world.

Barack are you listening?

“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”.

Paul Krugman: States of Depression

The economic news is looking better lately. But after previous false starts – remember “green shoots”? – it would be foolish to assume that all is well. And in any case, it’s still a very slow economic recovery by historical standards.

There are several reasons for this slowness, with the most important being the overhang of household debt that is a legacy of the housing bubble. But one significant factor in our continuing economic weakness is the fact that government in America is doing exactly what both theory and history say it shouldn’t: slashing spending in the face of a depressed economy.

In fact, if it weren’t for this destructive fiscal austerity, our unemployment rate would almost certainly be lower now than it was at a comparable stage of the “Morning in America” recovery during the Reagan era.

New York Times Editorial: Drill Baby Drill, Redux

It’s campaign season and the pandering about gas prices is in full swing. Hardly a day goes by that a Republican politician does not throw facts to the wind and claim that rising costs at the pump are the result of President Obama’s decisions to block the Keystone XL pipeline and impose sensible environmental regulations and modest restrictions on offshore drilling.

Next, of course, comes the familiar incantation of “drill, baby, drill.” Mr. Obama has rightly derided this as a “bumper sticker,” not a strategy. Last week, he agreed that high gas prices were a real burden, but said the only sensible response was a balanced mix of production, conservation and innovation in alternative fuels.

James Crotty: Obama’s budget is a “less savage” attack on social programs, but still assumes we are “living above our means”

Thanks to the David Dayen at FDL News Desk for the links to articles that there is still a big push from the White House for cutting the deficit in the proposed budget despite the denials. There is a bipartisan group headed by House Minority Whip Steny Hoyer on the Democratic side to sell more deficit reducing austerity

The push is intended to disrupt the consensus among most political leaders that Congress will punt budget consolidation efforts until after November – when the election returns are in, and the January 1, 2013 expiry of the Bush tax cuts and deep across-the-board spending cuts make real action inevitable.

In a speech hosted Monday morning by Third Way, Hoyer revealed that he and other lawmakers are looking for the right moment to introduce a bill that would achieve the sorts of deficit reduction goals that have eluded Congress and the White House thus far. [..]

“There is ongoing work…to put concrete proposals to paper in legislative form, so that as I said there will be an opportunity to offer those proposals,” Hoyer said. “Obviously you want to create a large consensus for that before you offer it so that its defeat is, if defeated, temporary only and not undermining of what the objective is, and that is getting a big, bold, balanced plan adopted.”

The Hill identified some of the other members of this secretive committee but others don’t even want to be identified:

A small, bipartisan group of lawmakers in both the House and Senate are secretly drafting deficit grand bargain legislation that cuts entitlements and raises new revenue. [..]

The core House group of roughly 10 negotiators is derived from a larger Gang of 100 lawmakers led by Reps. Mike Simpson (R-Idaho) and Health Shuler (D-N.C.), who urged the debt supercommittee to strike a grand bargain last year. [..]

The talks are so sensitive that some members involved do not yet want to be identified.

Dayen, as do others, doesn’t believe anything will happen with the budget and these massive cuts until after the election during the lame duck session but that doesn’t mean that the grand plan would pass. He had a major concern that “those defenders of the safety net left in Congress have a plan of their own.”

“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”.

The Sunday Talking Heads:

Up with Chris Hayes: Joining Chris are Rev. Al Sharpton (@thereval), host of MSNBC’s “Politics Nation” and founder of the National Action Network; Rep. Steve Cohen (D-TN) (@repcohen), represents Tennessee’s 9th district in the Memphis area; Michelle Bernard (@michellebernard), founder, president, and CEO of Bernard Center for Women, Politics and Public Policy; Goldie Taylor (@goldietaylor), MSNBC contributor; Michael Castle, former governor and congressional representative (R-DE); and John McWhorter, Columbia University professor of linguistic and American studies and contributing editor at New Republic and TheRoot.com.

The Melissa Harris-Perry Show: The site has not announced Sunday’s guests.

This Week with George Stephanopolis: This weeks’s guests are GOP presidential candidate Newt Gingrich, and Obama campaign senior adviser David Axelrod.

The roundtable guests are ABC’s Christiane Amanpour and George Will, political strategist and ABC News contributor Donna Brazile, political strategist and ABC News political analyst Matthew Dowd, Wall Street Journal columnist Peggy Noonan, former Vermont Governor and founder of Democracy for America Howard Dean, and The Atlantic’s Jeffrey Goldberg debate all the week’s politics.

Face the Nation with Bob Schieffer: Indiana Republican Gov. Mitch Daniels, RNC Chairman Reince Priebus, Presidential candidates Newt Gingrich and Ron Paul.

The Chris Matthews Show: This week’s guests Kathleen Parker, The Washington Post Columnist; Bob Woodward, The Washington Post Associate Editor; Major Garrett, National Journal Congressional Correspondent; and Becky Quick, CNBC Co-Anchor, Squawk Box

Meet the Press with David Gregory: MTP’s guests are GOP presidential candidate Newt Gingrich and DNC Chair Debbie Wasserman Schultz. The roundtable weighs in on the latest developments in Decision 2012: Atlanta Mayor Kasim Reed, GOP strategist Mike Murphy, Time Magazine‘s Mark Halperin, and NBC’s Savannah Guthrie.

State of the Union with Candy Crowley: This Sunday GOP presidential candidate Newt Gingrich is making the rounds, along with fellow candidate, Ron Paul. Other guests include CNN Senior Congressional Correspondent Dana Bash and CNN Senior Political Analyst Ron Brownstein. Also, former U.S. Ambassador to Israel Martin Indyk; former Under Secretary of State Nick Burns; and Rep. C.A. Dutch Ruppersberger (D-Maryland) will discuss President Obama’s speech before AIPAC.

“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”.

The New York times: Crushing Homs

After a month of merciless bombardment, the forces of President Bashar al-Assad of Syria have taken Homs, the main rebel stronghold. Many of the brave residents have fled the city or been killed, adding to a death toll now estimated at more than 7,500 since the unrest began. [..]

The United States, Europe, the Arab League and Turkey need to make that case to China and Russia every chance they have. And they need to keep tightening their own sanctions. At some point, the Syrian military and business elites will decide that backing the dictator is a losing proposition. The United States and its allies also need to use all of their influence and coaching to help the opposition form a credible, multiethnic government, one that will respect all Syrians.

Robert Resich: Bye Bye American Pie: The Challenge of the Productivity Revolution

Here’s the good news. The economic pie is growing again. Growth in the 4th quarter last year hit 3 percent on an annualized rate. That’s respectable – although still way too slow to get us back on track given how far we plunged.

Here’s the bad news. The share of that growth going to American workers is at a record low.

That’s largely because far fewer Americans are working. Although the nation is now producing more goods and services than it did before the slump began in 2007, we’re doing it with six million fewer people.

Why? Credit technology. Computers, software applications, and the Internet are letting us produce more with fewer people.

Despite what you hear about the economic growth, that silver lining is lightening. The negative equity in residential housing increased in the last quarter of 2011. In other words, 22.8% of all homes in the US are worth less than than they were when purchased. As per Core Logic that is an increase of 10.7 million homes, an increase of 0.7% from the third quarter.

CoreLogic … today released negative equity data showing that 11.1 million, or 22.8 percent, of all residential properties with a mortgage were in negative equity at the end of the fourth quarter of 2011. This is up from 10.7 million properties, 22.1 percent, in the third quarter of 2011. An additional 2.5 million borrowers had less than five percent equity, referred to as near-negative equity, in the fourth quarter. Together, negative equity and near-negative equity mortgages accounted for 27.8 percent of all residential properties with a mortgage nationwide in the fourth quarter, up from 27.1 in the previous quarter. Nationally, the total mortgage debt outstanding on properties in negative equity increased from $2.7 trillion in the third quarter to $2.8 trillion in the fourth quarter.

“Due to the seasonal declines in home prices and slowing foreclosure pipeline which is depressing home prices, the negative equity share rose in late 2011. The negative equity share is back to the same level as Q3 2009, which is when we began reporting negative equity using this methodology. The high level of negative equity and the inability to pay is the ‘double trigger’ of default, and the reason we have such a significant foreclosure pipeline. While the economic recovery will reduce the propensity of the inability to pay trigger, negative equity will take an extended period of time to improve, and if there is a hiccup in the economic recovery, it could mean a rise in foreclosures.” said Mark Fleming, chief economist with CoreLogic.

h/t Calculated Risk

And there is no relief in site for the vast majority of these homeowners, not even from the Foreclosure Settlement, as the Brookings Institution points out:

First, the borrower must be underwater, meaning owing more in mortgage debt than the house is worth. According to CoreLogic, there are 11.1 million underwater borrowers. Second, loans backed by Fannie Mae or Freddie Mac are not eligible for the principal reduction. According to analysis by the Federal Reserve of data from LPS Applied Analytics and CoreLogic, as of December, 14.1 percent of Freddie Mae loans were underwater and 11.3 percent of Fannie Mae loans were underwater. Taking the midpoint, and assuming there are 26 million Fannie or Freddie loans (about half of the number of existing loans), then there are approximately 3.3 million Fannie and Freddie underwater loans, bringing us to 7.8 million remaining borrowers eligible for the principal reduction. Third, the borrower must be delinquent or facing imminent default to qualify for the principal reduction. According to the Federal Reserve (PDF), approximately 28 percent of underwater borrowers are not current on their payments, bringing us to 2.2 million remaining borrowers. Third, the agreement is with the five largest mortgage servicing banks. According to Inside Mortgage Finance, the five banks service 55 percent of all loans, bringing us to 1.2 million remaining borrowers. Fourth, only owner-occupied homes are eligible. According to CoreLogic, 82 percent of underwater borrowers are owner occupied, bringing us to 1 million remaining borrowers.

There is another complication, in that some of these loans are held on the banks’ balance sheets, and others are part of mortgage-backed securities owned by outside investors. For the latter, the banks are contractually obligated to minimize losses to the investors, meaning it is unlikely they can reduce principal on these loans without facing the ire (and possible lawsuits) from the investors. Department of Housing and Urban Development Secretary Donovan acknowledged this problem by suggesting that the banks will target the principal reductions to the loans that they hold on their balance sheets. According to CoreLogic, about 41 percent of underwater borrowers had home equity loans, which typically are held on banks balance sheets. So even if these borrowers’ first loans do not qualify for a principal reduction, their second loans – which represent the bulk of their negative equity – do. Also according to CoreLogic, about 9 percent of underwater borrowers had no second loan and had their first loan held on banks’ balance sheets. Applying this 50 percent leaves us an estimate of 500,000 loans eligible for the principal reduction.

That’s just half of the homes the settlement was supposed to help. Thanks, Barack

h/t David Dayen at FDL News Desk