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TV station KMBC reports on the arrest of Scott Roeder in connection with the murder of late-abortion-providing OB/GYN Dr. George Tiller (see May 31, 2009), and mentions an envelope found in the getaway car with the words “Op Rescue” and “Cheryl” and a phone number on it. [KMBC-TV, 6/3/2009] Kansas news blogger Justin Kendall finds out that the number is a direct line to Cheryl Sullenger, a senior policy advisor with Operation Rescue, a hardline anti-abortion activism group. Sullenger served two years imprisonment after bombing an abortion clinic in 1988. She tells Kendall she hasn’t spoken to Roeder recently and says: “You know, he’s somebody who’s been around. My name is on the Internet. It’s on every press release. My phone number is on every press release it. It’s all over the Internet. I don’t know. He probably has lots of people’s phone numbers.” [The Pitch, 6/1/2009] Sullenger says she kept Roeder up to date on court hearings involving Tiller, who was acquitted of failing to properly justify late-term abortions in January 2009: “He would call and say, ‘When does court start? When’s the next hearing?’ I was polite enough to give him the information. I had no reason not to. Who knew? Who knew, you know what I mean?” [Kansas City Star, 6/3/2009] Kendall also reveals that in a May 2007 comment on an Operation Rescue forum, a “Scott Roeder” advocated attending Tiller’s church—the eventual scene of his murder—with “as many people as possible” to ask questions of church leaders and members and bring attention to Tiller. [Scott Roeder, 5/19/2007] In 1996, Roeder, then a member of the anti-government militia group known as the Freemen, was arrested on charges of possessing explosives (see April 16, 1996). In 2010, Roeder will be convicted of murdering Tiller (see January 29, 2010).
Fellow anti-abortionists say that Scott Roeder, arrested in connection with the murder of late-term-abortion-providing OB/GYN Dr. George Tiller (see May 31, 2009), has long been a hard-line opponent of abortion. Kansas anti-abortion activist Regina Dinwittie, who was ordered by a judge to cease using a bullhorn within 500 feet of an abortion clinic in 1995, says: “I know that he believed in justifiable homicide. He very strongly believed that abortion was murder and that you ought to defend the little ones, both born and unborn.” Dinwittie recounts Roeder confronting Dr. Robert Crist, who worked at the Kansas City Planned Parenthood clinic in 1996: “He stared at him for approximately 45 seconds. Then he [Roeder] said, ‘I’ve seen you now.’ Then he turned his back and walked away, and they were scared to death.” [Kansas City Star, 5/31/2009] Dinwittie says she herself is “glad” of Tiller’s death, saying, “I wouldn’t cry for him no more than I would if somebody dropped a rat and killed it.” [Associated Press, 6/1/2009] After attending Tiller’s trial, Roeder told fellow Kansas anti-abortion activist Eugene Frye that the whole process was “a sham.” Frye says, “He felt justice had not been served.” [Kansas City Star, 6/2/2009] “In this situation, Scott viewed Tiller as the violent person,” Frye said. “Scott didn’t see himself as that. He saw this man as perpetrating murder on these innocent babies.… Scott had that conviction.” [Kansas City Star, 6/5/2009] Dave Leach, publisher of the Iowa magazine Prayer and Action News, which has said “justifiable homicide” against abortion providers can be supported, and to which Roeder subscribed, says: “Scott is not my hero in that sense; he has not inspired me to shoot an abortionist. But definitely, he will be the hero to thousands of babies who will not be slain because Scott sacrificed everything for them.” [Associated Press, 6/1/2009] In signing a petition against Tiller in September 2007, someone giving the name Scott Roeder wrote, “Tiller is the concentration camp ‘Mengele’ of our day and needs to be stopped before he and those who protect him bring judgment upon our nation.” [Scott Roeder, 9/3/2009] In 1996, Roeder, then a member of the anti-government militia group known as the Freemen, was arrested on charges of possessing explosives (see April 16, 1996).
A 2002 photo of Dr. George Tiller. [Source: Abortion Essay (.com)]Dr. George Tiller, one of the handful of doctors in the USA willing to perform late-term abortions, is shot to death while attending services at the Reformation Lutheran Church in Wichita, Kansas. The 67-year-old doctor is slain in front of several witnesses by a single assailant in the foyer of his church while serving as an usher at about 10 a.m. Law enforcement officials say they believe the murder is “the act of an isolated individual,” but add that they are also looking into the suspected assailant’s “history, his family, his associates.” [CNN News, 5/31/2009; New York Times, 5/31/2009] Tiller’s murderer is eventually identified as anti-abortion activist Scott Roeder (see May 31, 2009).
Murder Caps Off Years of Violence, Harassment - Tiller’s murder comes after repeated harassment and violence against him, his clinic, and his patients. In 1986, the clinic was bombed, causing serious damage. In 1991, 2,000 protesters outside the clinic were arrested over the course of the summer. In 1993, Tiller was shot in both arms outside the clinic (see August 19, 1993). During a trial for performing illegal abortions, in which he was acquitted (see March 27, 2009), Tiller testified that he had spent years under the protection of federal agents after the FBI learned in 1994 that he was a top target on an anti-abortionist assassination list. [Agence France-Presse, 5/31/2009] In recent months, Tiller had been targeted by Fox News talk show host Bill O’Reilly, who repeatedly referred to him as “Tiller the Killer.” Tiller’s clinic was defaced with a poster titled “Auschwichita,” that claimed Tiller was like Hitler because he espoused Christianity just as Hitler did. The poster also used the term “Tiller the Killer,” and called Tiller an “equal opportunity executioner.” [Sarah Jones, 10/20/2010]
Responses from Family, President, Activists - Responding to Tiller’s murder, President Obama tells the nation, “However profound our differences as Americans over difficult issues such as abortion, they cannot be resolved by heinous acts of violence” (see May 31, 2009). Troy Newman, the president of the anti-abortion organization Operation Rescue (OR—see 1986), says his organization has always sought “nonviolent” measures to challenge Tiller, including efforts in recent years to have him prosecuted for crimes or investigated by state health authorities. “Operation Rescue has worked tirelessly on peaceful, nonviolent measures to bring him to justice through the legal system, the legislative system,” Newman says. “We are pro-life, and this act was antithetical to what we believe.” Newman says that Roeder may have posted on OR-hosted Web sites, but says of the suspect, “He is not a friend, not a contributor, not a volunteer.” The media will quickly unearth deeper ties between OR and Roeder than Newman initially acknowledges (see May 31, 2009). In a statement, the Tiller family says: “George dedicated his life to providing women with high-quality health care despite frequent threats and violence. We ask that he be remembered as a good husband, father, and grandfather, and a dedicated servant on behalf of the rights of women everywhere.” [New York Times, 5/31/2009]
Author and pro-choice advocate Cristina Page writes that the murder of abortion provider Dr. George Tiller (see May 31, 2009) is anything but an isolated incident, and warns that more anti-abortion violence may well be forthcoming. “The pattern is clear and frightening,” she writes. Page notes that the tenure of President Clinton, who supported abortion rights, was marred by a large and ever-escalating number of violent protests and attacks on abortion providers, beginning with the murder of Dr. David Gunn in 1993 (see March 10, 1993); Gunn’s murder, Page writes, “was the beginning of what would become a five-fold increase in violence against abortion providers throughout the Clinton years.” During Clinton’s two terms, six abortion providers and clinical staff members were murdered, and 17 other attempted murders took place. There were 12 bombings or arsons during Clinton’s tenure. From 2001 through 2008, no abortion-related murders, nor attempted murders, occurred, while George W. Bush, an anti-abortion president, was in office. A single clinic bombing took place during Bush’s two terms. Since the election of President Obama, another pro-choice president, a steady escalation of anti-abortion violence has occurred (see February-May, 2009), culminating in the murder of Tiller. Page notes that in the eight years of the Bush administration, abortion and women’s health clinics registered 396 harassing phone calls. In the five months of the Obama administration, that number is at 1401 and rising. Page writes: “Battered women are at greatest danger of being killed by their abusers when they are most strong—that is, when they muster the courage to leave. The same phenomenon may be true in the abusive political abortion debate. The pro-choice movement, specifically our abortion providers, are in the greatest danger of violence when we take power. When the anti-abortion movement loses power, their most extreme elements appear to move to the fore and take control. The murder of Dr. Tiller suggests that violence against abortion providers may be far more linked to the power, or lack thereof, anti-abortion groups have politically than to laws designed to increase penalties against such acts.” She notes the violent rhetoric of numerous anti-abortion organization leaders since Obama’s election, many targeting Obama himself, with one official calling Obama a “radical pro-abortion president” and another saying that Obama will “force Americans to pay for the killing of innocents.” Elizabeth Barnes, executive director of the Philadelphia Women’s Center, says: “When the pendulum swung in the direction of protecting women’s rights, we expected something. The way the antis are reacting has changed, they’re taking more liberties, pressing the boundaries of legal, civil protest.” Page concludes: “Anti-abortion groups will put out carefully worded press statements condemning the murder of Dr. Tiller, as became routine for them during the Clinton years. But unless the rhetoric they choose from now on becomes careful too—they may be the enablers of murder and terror.” [Huffington Post, 5/31/2009]
Former George H. W. Bush speechwriter Peggy Noonan joins the ranks of Republicans (see May 28-31, 2009, May 29, 2009, and May 29, 2009) asking for a more moderate and less inflammatory tone in recent criticisms of Supreme Court nominee Sonia Sotomayor (see May 26, 2009 and May 26, 2009). Republicans should “play grown-up,” she advises, in opposing the Sotomayor nomination, and notes that her background—disadvantaged, Hispanic, female—makes her dangerous to oppose too vehemently: “Politically she’s like a beautiful doll containing a canister of poison gas: Break her and you die.” Noonan continues: “New York is proud of her; I’m proud of our country and grateful at its insistence, in a time when some say the American dream is dead, that it most certainly is not. The dream is: You can come from any place or condition, any walk of life, and rise to the top, taking your people with you, in your heart and theirs. Maybe that’s what they mean by empathy: Where you come from enters you, and you bring it with you as you rise. But if that’s what they mean, then we’re all empathetic. We’re the most fluid society in human history, but no one ever leaves their zip code in America, we all take it with us. It’s part of our pride. And it’s not bad, it’s good.” Noonan calls Republicans who launch virulent attacks on her racial heritage or gender “idiots,” and writes that instead of “exciting the base,” as one Republican strategist has said the attacks will do, “How about excit[ing] a moderate, or interest[ing] an independent? How about gain[ing] the attention of people who aren’t already on your side? The base is plenty excited already, as you know if you’ve ever read a comment thread on a conservative blog.… They don’t need to be revved, they’re already revved. Newt Gingrich twitters that Judge Sotomayor is a racist (see May 27, 2009). Does anyone believe that? He should rest his dancing thumbs, stop trying to position himself as the choice and voice of the base in 2012, and think.… The choice for Republicans isn’t between ‘attack’ and ‘roll over.’ It’s broader than that, and more interesting. There’s a new and fresh opportunity here for Republicans in the Senate to be serious, and, in their seriousness, to be seen and understood in a new light.” [Wall Street Journal, 6/1/2009]
Former anti-abortion activist Frank Schaeffer, author of the book Crazy for God: How I Grew Up as One of the Elect, Helped Found the Religious Right, and Lived to Take All (or Almost All) of It Back, says publicly that the religious right anti-abortion movement shares the blame for the murder of late-term-abortion-provider George Tiller (see May 31, 2009). In a column on the “Huffington Post” website, Schaeffer writes that, in books they wrote that were bestsellers on the religious right, both he and his father, Francis Schaeffer, advocated using force to stop abortion if legal avenues failed. His father, he writes, “compared America and its legalized abortion to Hitler’s Germany and said that whatever tactics would have been morally justified in removing Hitler would be justified in trying to stop abortion.” He points out that Paul Hill, who was executed in 2003 for murdering abortion provider Dr. John Bayard Britton and one of his volunteer escorts in 1994, was “an avid follower of my father’s.” Schaeffer, who left the religious right in the mid 1980s, writes that he is “very sorry” for his own part. [Huffington Post, 6/1/2009] In an interview on the “Rachel Maddow Show,” Schaeffer apologizes again for the anti-abortion campaign he helped found and build, and says, “[T]his is what helps unhinge a society.” [MSNBC, 6/1/2009]
A screenshot of Bill O’Reilly, taken during one of his segments featuring his criticism of Dr. George Tiller. [Source: Drive-By Times]Progressive author and blogger David Neiwert compiles three years of video evidence that he says proves Fox News host Bill O’Reilly helped target murdered abortion provider Dr. George Tiller (see May 31, 2009). Since 2006, Neiwert writes, O’Reilly has targeted the man he called “Tiller the Killer” in recurrent episodes of his Fox television show, The O’Reilly Factor, and on his radio show, accusing Tiller of “executing babies” and recommending that “something” be done to stop Tiller from continuing his practice. In November 2006, O’Reilly told his audience: “If we as a society allow an undefined mental health exception in late-term abortions, then babies can be killed for almost any reason.… This is the kind of stuff that happened in Mao’s China and Hitler’s Germany and Stalin’s Soviet Union.… If we allow this, America will no longer be a noble nation.… If we allow Dr. George Tiller and his acolytes to continue, we can no longer pass judgment on any behavior by anybody. What Tiller is doing is that bad.” In the same broadcast, he said: “I don’t care what you think. We have incontrovertible evidence that this man is executing babies about to be born because the woman is depressed… if you don’t believe me, I don’t care.… You are okay with Dr. Tiller executing babies about to be born because the mother says she’s depressed.” O’Reilly claimed that Tiller was a criminal and told his audience, “George Tiller will execute babies for $5,000 if the mother is depressed.” O’Reilly has urged “massive” protests at Tiller’s clinic, once in January 2006, when he said, “There should be thousands of people protesting outside Tiller’s abortion clinic in Wichita.” According to Neiwert, the anti-abortion organization Operation Rescue (see 1986), which regularly prints O’Reilly’s articles in its newsletter, answered O’Reilly’s call, and O’Reilly used information from Operation Rescue to further lambast Tiller on his shows. In May 2007, O’Reilly described Tiller with the following diatribe: “killer, murder, murderer, barbarian, barbaric procedure, disgrace.” Neiwert writes that O’Reilly is not legally culpable for Tiller’s murder, but he is “morally and ethically culpable.” [Crooks and Liars, 6/1/2009; Salon, 6/1/2009]
A doctored photo of Sotomayor issued by the Council of Conservative Citizens. The robe and hood have been added to the photo, as has the ‘raised-fist’ logo. [Source: Council of Conservative Citizens / Think Progress]The Council of Conservative Citizens (CofCC), a pro-segregation group that the Southern Poverty Law Center has called “brazenly racist,” posts a doctored photograph of Supreme Court nominee Sonia Sotomayor (see May 26, 2009) on its Web site. The altered photograph depicts Sotomayor wearing what appears to be a robe and hood similar to those worn by members of the Ku Klux Klan. The robe has a raised fist and the words “La Raza.” Sotomayor is a member of the National Council of La Raza (NCLR), a Hispanic civil rights organization which some conservatives have falsely claimed is a racist organization (see May 28, 2009 and May 29, 2009). An NCLR spokesman confirms that the logo in the photograph is not used on any basis by the organization. [Think Progress, 6/2/2009]
Gun rights advocates’ attempts to portray Supreme Court nominee Sonia Sotomayor (see May 26, 2009) as “anti-gun” hit a snag when a panel of conservative judges upholds her ruling in favor of restricting gun ownership. Sotomayor has been called an “anti-gun radical” by some activists for joining an opinion, cited in Maloney v. Cuomo, that found the Second Amendment does not prevent state and local governments from restricting arms ownership. That ruling, rejecting a challenge to Chicago’s tough gun laws, was unanimously upheld by the Seventh Circuit Court of Appeals, which is made up largely of conservative judges. The ruling could, according to the Washington Post, “complicate efforts to portray Sotomayor as a judicial activist trying to undermine the Supreme Court’s landmark decision last year holding that the amendment protects the right to own a gun for self-defense.” The Seventh Circuit’s opinion was written by chief judge Frank Easterbrook, described by the Post as “one of the nation’s leading conservative judges,” and joined by two Republican-appointed judges, including “conservative favorite Richard A. Posner.” Walter Dellinger, who argued a related case and supports Sotomayor’s nomination, says, “When two of the most highly regarded, conservative judges agree that courts of appeal should not reach out and make new law on this issue, it renders Judge Sotomayor’s opinion on this subject beyond criticism.” But some continue their opposition. David Kopel, a lawyer who has criticized Sotomayor’s stance on gun ownership, says the ruling will not change the views of gun activists that she is “anti-gun” and the Maloney opinion was intellectually “dishonest.” [Washington Post, 6/3/2009]
Scott Roeder [Source: Kansas City Star]After his arrest in connection with the murder of late-term abortion provider Dr. George Tiller in Wichita, Kansas (see May 31, 2009), Scott Roeder is charged with one count of first-degree murder and two counts of aggravated assault. The latter charges are for pointing a gun at two men who were eyewitnesses to the murder. Roeder requests that the court appoint counsel for him and is referred to the public defender’s office. [Wichita Eagle, 6/2/2009] District Attorney Nola Foulston explains that the state will not seek the death penalty, as Kansas law sets out seven required criteria for a capital charge, none of which fit the Tiller murder. The maximum sentence for first-degree murder in Kansas is life imprisonment. [Wichita Eagle, 6/4/2009] In 1996, Roeder, then a member of the anti-government militia group known as the Freemen, was arrested on charges of possessing explosives (see April 16, 1996). In 2010, Roeder will be convicted of murdering Tiller (see January 29, 2010).
Jeffery Pederson, office manager of the Central Family Medicine/Aid for Women Clinic in Kansas City, says that he reported to both the FBI and local police that a man whose description and license plate matched those of Scott Roeder, the man charged with murdering late-abortion-provider Dr. George Tiller (see May 31, 2009), had glued the locks of the clinic doors. One of the reports was made the day before the killing. “I was just sick,” Pederson says. “That was the plate I gave the FBI Saturday [May 30]. I called the FBI back and said, ‘It’s the same car. It’s the same guy.’” FBI spokeswoman Bridget Patton says, “When we are notified when vandalism occurs at a clinic, we look into the matter, but we’re not going to comment on anything regarding that incident.” Kansas City police spokesman Michael Golden says the police report resulting from Pederson’s complaint contained “no suspect information.” [Kansas City Star, 6/2/2009] In an interview with Amy Goodman of Democracy Now!, Pederson says that he told the FBI the vandal’s first name, Scott, which his staff knew from anti-abortion protests at the clinic, as well as giving them his license plate number and security camera videos. He also notes that complaints to the FBI of the same man committing similar vandalism in 2000 resulted in no action other than “talking to” Roeder. [Democracy Now!, 6/4/2009] A New York Times editorial will later criticize the FBI for not being more vigilant. [New York Times, 6/7/2009]
After meeting with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Lindsey Graham (R-SC) says he has fundamental questions about her judicial philosophy and temperament, and adds he will likely not vote to confirm her to the high court. “I was very direct,” he tells reporters of his conversation with Sotomayor. “I have to decide how to play this game, quite frankly. If I use the same standard that Senator [Barack] Obama used, then I would not vote for you, quite frankly.” Graham is referring to votes cast by then-Senator Obama against Justices John Roberts (see September 29, 2005) and Samuel Alito (see October 31, 2005 - February 1, 2006) in which Graham asserts that Obama voted against them on ideological grounds. “He used a standard, I think, that makes it nearly impossible for a person from the opposite party to vote for the nominee,” Graham says. Many political observers feel that Graham is something of a bellwether of Republican sentiment; a former judge advocate general officer, Graham is considered one of the better legal minds in the party, and his opinion carries great weight with his colleagues. Other Republicans may follow his lead in coming out in public opposition to the nominee. Graham says he asked Sotomayor about her “wise Latina” comment (see October 26, 2001), but refuses to say how she responded. Graham also says he has questions about her temperament, saying that while she was friendly in the meeting, he cannot ignore other lawyers’ negative assessments of her personality (see May 4, 2009). “I think she does have the intellectual capacity to do the job,” Graham says. “But there’s a character problem. There’s a temperament problem that they—during the time they’ve had to be a judge, that they were more of an advocate than an impartial decider of the law. And I’ve got to find out, in my own mind” about her temperament. [Politico, 6/3/2009] On Fox News, Graham contradicts his earlier assessment, saying that Sotomayor has “sterling character.” [Think Progress, 6/3/2009]
Former House Speaker Newt Gingrich (R-GA) writes what appears to be a retraction or withdrawal of his previous accusations that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a racist (see May 27, 2009). He writes that he was reacting to the news of remarks she made during a 2001 speech in which she said a “wise Latina” judge would often make better decisions than a white male (see October 26, 2001), and calls his “initial reaction… perhaps too strong and too direct.” Others have criticized his “word choice” in his vilification of Sotomayor, and Gingrich writes, “The word ‘racist’ should not have been applied to Judge Sotomayor as a person, even if her words themselves are unacceptable (a fact which both President Obama and his press secretary, Robert Gibbs, have since admitted)” (see May 29, 2009). Gingrich then launches an attack on Sotomayor’s “judicial impartiality” and accuses her of “a betrayal of a fundamental principle of the American system—that everyone is equal before the law.” Gingrich is either unaware of, or ignoring, a recent analysis which disproves the thesis that Sotomayor has systematically exhibited racial bias in her rulings (see May 29, 2009). He calls her a “radical liberal activist” masquerading as a “convention[al] liberal,” and lambasts Obama for believing that “judicial impartiality” is “no longer a quality we can and should demand from our Supreme Court justices.” [Think Progress, 4/3/2007; Human Events, 6/3/2009] Liberal news and analysis Web site Think Progress notes that Gingrich may not be the most impartial person to weigh in on this issue, having called Spanish “the language of living in the ghetto” and warned of “gay and secular fascism” as an imminent threat to American society. [Think Progress, 4/3/2007; Think Progress, 11/17/2008]
Republican lawmakers have moved to tone down the incendiary rhetoric surrounding the nomination of Sonia Sotomayor to the Supreme Court (see May 26, 2009). Senator Lindsey Graham (R-SC) says he is happy that former House Speaker Newt Gingrich (R-GA—see June 3, 2009) and others (see May 28-31, 2009, May 29, 2009, May 29, 2009, and June 1, 2009) are backing away from the accusations of racism and liberal activism that have marked conservative responses to Sotomayor’s nomination (see May 26, 2009). “I think she deserves to be challenged,” Graham says. “It is fair to make her address that question and prove it. It is not fair to say that she’s a racist.” Governor Tim Pawlenty (R-MN) says his fellow Republicans “shouldn’t jump to conclusions, particularly with, you know, overheated rhetoric.” Gingrich spokesman Rick Tyler says Gingrich made his own decision to tone down his rhetoric, and was not asked by other Republicans to do so. Gingrich hopes to “reset the argument,” Tyler says, but notes that “nothing has changed in the structure of his argument, he is just retracting the word racist.” Conservative radio host Rush Limbaugh says that the attacks on Sotomayor should continue, and says he doesn’t know why Gingrich is backing off. “I didn’t know why he had retracted it, and I still don’t,” he says. “I have my own theory about what Newt’s doing, but since I’m not doing it, I’m not going to comment.” Curt Levey of the conservative legal group Committee for Justice says: “The fact that the most extreme voices have softened I think is good. It’s good. We have to keep the debate civil. Republican senators should be keeping an open mind.… Calling her a racist was a racially insensitive remark. Frankly all we can do at this point is raise questions about her.” Levey has called Sotomayor an intellectual “lightweight” (see May 26, 2009). [Politico, 6/4/2009] Concurrently with the Republican lawmakers’ public statements towards moderating the attacks on Sotomayor, an aide to Senate Minority Leader Mitch McConnell (R-KY), Lanier Swann, advises conservative activists to keep up their pressure on Sotomayor. The aide gives the advice during a weekly meeting of influential conservative activists, radio hosts, and others hosted by veteran Washington activist Grover Norquist. “Swann told us she wanted to encourage all of us in our talking points and that we’re having traction among Republicans and unnerving Democrats,” says one attendee. “The point was we should keep it up. She told us at this meeting to put our foot on the pedal.” A second attendee confirms the account. A spokesman for McConnell says he is sure Swann did not call for further attacks. [The Hill, 6/3/2009]
Jeff Sessions (R-AL), the ranking Republican on the Senate Judiciary Committee, says he intends to be fair to Supreme Court nominee Sonia Sotomayor (see May 26, 2009) when she appears before the committee for confirmation to the bench. Sessions says he knows how it feels to be accused of racism (see May 26, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, June 2, 2009, June 3, 2009, and June 5, 2009) because he weathered such accusations when he was turned down for a federal judgeship in 1986. As a US attorney in Alabama, Sessions had demonstrably shown bias during his prosecution of civil rights activists for voting fraud, called the NAACP an “un-American” and “Communist” organization, called a black attorney “boy” and warned him to “be careful what you say to white folks,” and expressed his admiration for the Ku Klux Klan. None of those assertions were true, Sessions now says, claiming he was “caricatured,” even though at the time, multiple witnesses made the claims. Then, Sessions says, he couldn’t counter “the message” that he was a racist. While he does not directly repudiate the accusations of racism leveled against Sotomayor, he recently told her, “You will get a fair hearing before this committee.” [New Republic, 12/30/2002; CNN, 6/5/2009]
Republican National Committee chairman Michael Steele implies that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) has racist tendencies, a week after urging fellow Republicans to stop “slammin’ and rammin’” Sotomayor over the issue of race and deal with her nomination on the issues (see May 29, 2009). While guest-hosting William Bennett’s radio show, Steele discusses criticisms that have been made of Sotomayor. “[T]he comments that she made that have been played up about, you know, the Latina woman being a better judge than the white male is something that she has said on numerous occasions,” Steele tells a caller (see October 26, 2001). “So this was not just the one and only time it was said. They’ve now found other evidences and other speeches… that she has made mention of this, this fact that her ethnicity, that her cultural background puts her in a different position as a judge to judge your case.… And God help you if you’re a white male coming before her bench.” A recent analysis of Sotomayor’s decisions as a judge in race-based cases proves that she does not discriminate against white plaintiffs (see May 29, 2009). [Think Progress, 6/5/2009] Four days later, Steele will defend his remarks. “Well, that’s not inflammatory,” he tells a CNN audience. “It’s based off of what—the inference that she left and what she said. You know, if you have a judge, where you have a situation where you have—you’re going before a trier of fact, and the trier of fact is on record as saying that this individual’s background experience is better positioned to make a decision than someone else, that gives one pause. And so my view of it was, in looking at it, you’re now segregating out white men by your comments. So, God help you if you’re a white male. If you’re seeking justice, this may not be the bench you want to go before.” [Think Progress, 6/10/2009]
In a phone interview from jail with the Associated Press, Scott Roeder, who is charged with first degree murder in the shooting death of late-term abortion provider George Tiller (see May 31, 2009), complains, “I haven’t been convicted of anything, and I am being treated as a criminal.” Roeder objects to the media attention received by his family, and says, “I appreciate your prayers.” [Life Site News, 6/5/2009] He also complains about “deplorable conditions in solitary,” saying he is worried about contracting pneumonia because his cell is cold and he needs a CPAP machine for his sleep apnea. [New York Daily News, 6/7/2009]
A press investigation reveals that corporate interests are behind a supposedly grassroots effort to block Supreme Court nominee Sonia Sotomayor (see May 26, 2009) from ascending to the high court. Raw Story reporters Larisa Alexandrovna and Muriel Kane have learned that the Committee for Justice (CFJ), an organization they call “an astroturf group established by big business in July 2002 to create an appearance of popular support for President Bush’s judicial nominees,” is taking the lead in the effort to oppose the Sotomayor nomination. The head of the CFJ, Curt Levey, lambasted Sotomayor as an “intellectual lightweight” the day of her nomination (see May 26, 2009), and has made regular media appearances since then attacking her as racist and biased. CFJ was created in 2002 by Senator Trent Lott (R-MS), who recruited Washington lawyer C. Boyden Gray to “create a fake grassroots organization” to support conservative, pro-business jurists such as Charles Pickering and Chief Justice John Roberts. Gray, a former White House counsel, received the support of former President George H. W. Bush, Republican political adviser Karl Rove, and former Republican National Committee chairman Haley Barbour. Gray has a strong history of creating “astroturf” organizations, which are lobbying and activist groups supposedly founded and led by ordinary citizens but that in fact are created and funded by large political and corporate interests. CFJ is one of the most successful of these creations, and has often been successful in placing pro-business judges on the bench. CFJ and other astroturf organizations founded or assisted by Gray have been funded by, among other firms, Wal-Mart, Home Depot, insurance giant AIG, and the Ameriquest Capital Corporation, receiving over $100 million since 1998. CFJ’s board includes Stan Anderson, the legal advisor to the Chamber of Commerce; John Engler, the president of the National Association of Manufacturers; former Republican governor Frank Keating, now president of the American Council of Life Insurers; and former Republican Senator Connie Mack. [Raw Story, 6/5/2009]
Entity Tags: US Supreme Court, National Association of Manufacturers, Sonia Sotomayor, Stan Anderson, Trent Lott, US Chamber of Commerce, Muriel Kane, Wal-Mart, Larisa Alexandrovna, John Engler, AIG (American International Group, Inc.), Karl C. Rove, Committee for Justice, Charles Pickering, Clayland Boyden Gray, Connie Mack, Curt Levey, Frank Keating, John G. Roberts, Jr, Home Depot, Haley Barbour, George W. Bush, George Herbert Walker Bush, Ameriquest Capital Corporation, American Council of Life Insurers
Timeline Tags: Domestic Propaganda
Former House Speaker Newt Gingrich, who recently seemed to retract his characterization of Supreme Court nominee Sonia Sotomayor as a “racist” (see May 27, 2009 and June 3, 2009), now calls Sotomayor a “racialist.” On CBS News’s Face the Nation, Gingrich says: “When I did a Twitter about her, having read what she said, I said that was racist—but I applied it to her as a person. And the truth is I don’t know her as a person. It’s clear that what she said was racist, and it’s clear—or as somebody wrote recently, ‘racialist’ if you prefer.” [Think Progress, 6/7/2009]
Phoning the Associated Press from his jail cell, Scott Roeder, the suspect in the murder of late-term abortion provider George Tiller (see May 31, 2009), says, “I know there are many other similar events planned around the country as long as abortion remains legal.” He refuses to elaborate. A Justice Department spokesperson says the threat is being taken seriously, but Troy Newman, president of the anti-abortion organization Operation Rescue, dismisses it, saying, “This guy is a lunatic.” [Associated Press, 6/7/2009] In response, Judge Warren Wilbert raises Roeder’s bond amount from $5 million to $20 million, citing concerns that Roeder could “perpetuate, participate or enact any more violence on his own or in concert with others.” The judge explains that his decision is influenced in part by police having discovered weapons and explosives in his possession in 1996, which he said he planned to use on an abortion clinic (see April 16, 1996). [Associated Press, 6/14/2009]
Former First Lady Laura Bush says some positive things about Supreme Court nominee Sonia Sotomayor (see May 26, 2009). On ABC’s Good Morning America, Bush says: “I think she sounds like a very interesting and good nominee.… As a woman, I’m proud there might be another woman on the Court. So we’ll see what happens, but I wish her well.” [Think Progress, 6/8/2009] Bush’s comments stand in contrast to some conservatives’ gender-based attacks on Sotomayor (see May 26, 2009, May 28, 2009, and June 5, 2009).
After meeting one-on-one with Supreme Court nominee Sonia Sotomayor (see May 26, 2009), Senator Mel Martinez (R-FL) predicts that she will be confirmed “with pretty good numbers” and will “fit in” well on the Court. Martinez, like Sotomayor a Hispanic, says he is not concerned about her “wise Latina” comments from 2001 (see October 26, 2001). He knows of no evidence that shows she has ever let her heritage or personal feelings influence her judicial decisions (see May 29, 2009). “For someone who is of Latin background, personally, I understand what she is trying to say,” Martinez comments. “Which is, the richness of her experience forms who she is. It forms who I am.” [CNN, 6/9/2009]
Flowers adorn the sidewalk outside George Tiller’s clinic in Wichita, Kansas, laid in his memory. [Source: AP: Charlie Riedel]The family of George Tiller, a doctor who provided late-term abortions as part of his practice before being murdered (see May 31, 2009), decides that his Wichita, Kansas, clinic will be closed permanently. Nebraska doctor LeRoy Carhart, who worked at the clinic, said he was willing to continue, but the decision is the family’s. Warren Hern, one of the few remaining doctors in the US who performs late-term abortions, says: “This is what they want, they’ve been wanting this for 35 years. The anti-abortion fanatics have to shut up and go home. They have to back off and they have to respect other people’s point of view. This is a national outrage.” Randall Terry, original founder of the anti-abortion group Operation Rescue, says, “Good riddance,” and predicts that Tiller’s clinic will be remembered similarly to Nazi death camps. In a statement, the Tiller family says, “We are proud of the service and courage shown by our husband and father and know that women’s health care needs have been met because of his dedication and service.” [Associated Press, 6/9/2009]
Stormfront logo. [Source: Stormfront (.org)]Journalist and media observer Greg Mitchell reports on the reaction on an extreme-right Web site to the museum shooting by white supremacist James von Brunn (see June 10, 2009 and After). Mitchell pays a visit to the Web site of the neo-Nazi organization Stormfront, and finds that an apparently lively discussion thread about the shooting has already been shut down; one poster says that the thread was closed because commentators were overly supportive of the shooting. Other threads, including what Mitchell calls “years-old tributes” to von Brunn, are still active. Many of the comments are critical of the shooting because of the negative publicity sure to ensue from it. Other comments are neutral. Some posters call von Brunn a “victim of Jewish extremism,” setting off a number of anti-Semitic responses. One poster writes that “von Brunn was trying to send a powerful and courageous message,” and someone else writes: “Heroes refuse to go out with a whimper. An example to all of us.” One poster writes: “I am watching the media try to pull to heart strings of white Americans who are watching. Remember if you ever question whats going around you you’ll eventually be led to psychotic acts of violence.” And other posters predict that the shooting, and the subsequent publicity, “will do some recruiting for us.” [Editor & Publisher, 6/10/2009]
James von Brunn. [Source: UPI / TPM Muckraker]James von Brunn, an 88-year-old man with a long history of violence and anti-Semitism, opens fire inside Washington’s Holocaust Museum. Von Brunn kills a security guard, Stephen T. Johns, before being brought down by fire from other security guards. Von Brunn is hospitalized in critical condition. Von Brunn brought a .22 rifle into the museum and began shooting almost immediately upon entering the building. [WJLA-TV, 6/10/2009; New York Daily News, 6/11/2009] The New York Daily News identifies von Brunn as a “neo-Nazi.” [New York Daily News, 6/11/2009]
Targeting Jewish White House Official - Von Brunn has a list of nine locations in his car, including the White House, the US Capitol, and media outlets such as Fox News and the Washington Post. [WJLA-TV, 6/10/2009] A note in a notebook found in the car reads: “You want my weapons, this is how you’ll get them. The Holocaust is a lie. Obama was created by Jews. Obama does what his Jew owners tell him to do.” In September 2010, the press will learn that von Brunn intended to kill President Obama’s senior adviser David Axelrod, a Jew. Von Brunn did not believe he could get to Obama, authorities will later confirm, but he had the “motive, means, and intent” to kill Axelrod, one of Obama’s closest aides. Axelrod will be given special Secret Service protection. [Guardian, 6/11/2009; Time, 9/30/2010; TPM Muckraker, 9/30/2010]
Shock, Sadness Mark Reactions - Within hours, President Obama and a number of political and cultural organizations will express their shock and sorrow over the shooting (see June 10-11, 2009).
Long History of Violence, White Supremacist Ties, and Anti-Semitism - Von Brunn maintains a Web site, “holywesternempire.org,” described by reporters as “racist [and] anti-Semitic,” and is the author of a book, Kill the Best Gentiles, which alleges a Jewish “conspiracy to destroy the white gene pool.” Von Brunn served six years in prison for a 1981 attempt to kidnap members of the Federal Reserve Board. (On his Web site, he complained of being convicted by a “Jew/Negro” conspiracy of lawyers and judicial officials.) His Web site alleges that the Holocaust is a hoax, and calls Nazi Germany the “cultural gem of the West.” The FBI is investigating the shooting as a possible hate crime or a case of domestic terrorism. The Southern Poverty Law Center (SPLC) lists von Brunn’s Web site as a hate site. [WJLA-TV, 6/10/2009; NBC New York, 6/11/2009; USA Today, 6/11/2009] “We’ve been tracking this guy for decades,” says SPLC official Heidi Beirich. “He thinks the Jews control the Federal Reserve, the banking system, that basically all Jews are evil.” [Associated Press, 6/10/2009] Von Brunn’s son, Erik von Brunn, says his father’s virulent racism and anti-Semitism has blighted their family for years. In a statement, he writes: “For the extremists who believe my father is a hero: it is imperative you understand what he did was an act of cowardice. His actions have undermined your ‘movement,’ and strengthened the resistance against your cause. He should not be remembered as a brave man or a hero, but a coward unable to come to grips with the fact he threw his and his families lives away for an ideology that fostered sadness and anguish.” [Washington Post, 6/14/2009] Further investigation turns up evidence that Von Brunn has connections to white supremacist organizations and anti-government groups. In 2004, von Brunn stayed for four days in Hayden, Idaho, with Stan Hess, then the representative for white supremacist David Duke’s European rights group. Hess recalls von Brunn as being “very angry about society and the Jewish influence at the Federal Reserve.” Von Brunn, Hess says, alluded to violence but never spoke specifically about a target. [NBC New York, 6/11/2009; USA Today, 6/11/2009] FBI investigators find a painting of Adolf Hitler and Jesus Christ standing together in von Brunn’s home. They also find more firearms, and child pornography on his computer. [MyFoxDC, 6/17/2009; Washington Post, 6/19/2009] Von Brunn also has ties to the far-right, white supremacist British National Party, and had attended meetings of the American Friends of the British National Party. [Guardian, 6/11/2009]
Eradicating Evidence of Support - Within hours of the murder, Web sites featuring von Brunn’s work begin removing his material from their pages; some of those sites are operated by organizations whose members had praised and supported von Brunn’s white supremacist and anti-Obama statements (see June 10-11, 2009).
Connections to Anti-Obama 'Birther' Movement - Von Brunn has also written about his belief that Obama is at the heart of a conspiracy to cover up his Kenyan citizenship (see October 8-10, 2008). Reporter Ben Smith writes, “The penetration of the birther mythology into the violent fringe has to be a worry for the Secret Service, because at it’s heart, it’s about denying Obama’s legitimacy to hold the office of president.” [Politico, 6/10/2009; USA Today, 6/11/2009]
Indicted for Murder, Dies before Trial - Von Brunn will be indicted for first-degree murder in the death of Johns. [Washington Post, 7/29/2009] However, he will die in prison before his trial can commence. [BBC, 1/6/2010]
Entity Tags: British National Party, David Axelrod, James von Brunn, Heidi Beirich, Federal Reserve Board of Governors, Federal Bureau of Investigation, Barack Obama, Erik von Brunn, US Holocaust Museum, American Friends of the British National Party, Southern Poverty Law Center, Stephen T. Johns, Stan Hess, US Secret Service
Timeline Tags: Domestic Propaganda, US Domestic Terrorism
Within hours of the murder of a security guard by white supremacist James von Brunn (see June 10, 2009 and After), Web sites that had praised von Brunn’s cultural and political stances begin removing his material. Wikipedia had already eradicated his user page and changes because, according to a spokesman, von Brunn violated the site’s policy on hate speech. An art site removes posts from von Brunn, including an image of a painting he created. [New York Times, 6/10/2009] The progressive Internet news site Talking Points Memo finds a cached copy of a December 2008 anti-Obama post by Von Brunn on the far-right Free Republic news and commentary site; Free Republic had removed it from its listings soon after the shooting became known. Von Brunn’s post garnered over 200 responses, almost all positive and supportive. [TPM Muckraker, 6/10/2009]
Hours after a white supremacist kills a security guard in the Washington, DC, Holocaust Museum (see June 10, 2009 and After), White House press secretary Robert Gibbs says that President Obama is “obviously saddened by what has happened.” The next day, Obama says: “We have lost a courageous security guard who stood watch at this place of solemn remembrance. This outrageous act reminds us that we must remain vigilant against anti-Semitism and prejudice. No American institution is more important to this effort than the Holocaust museum.” A week before, on a visit to the site of a Nazi concentration camp at Buchenwald, Germany, Obama said: “There are those who insist the Holocaust never happened.… This place is the ultimate rebuke to such thoughts, a reminder of our duty to confront those who would tell lies about our history.” Israeli government official Yuli Edelstein says the shooting is “further proof that anti-Semitism and Holocaust denial have not passed from the world.” And the Council on American-Islamic Relations, a prominent American Muslim organization, says in a statement, “We condemn this apparent bias-motivated attack and stand with the Jewish community and with Americans of all faiths in repudiating the kind of hatred and intolerance that can lead to such disturbing incidents.” [WJLA-TV, 6/10/2009; NBC New York, 6/11/2009; USA Today, 6/11/2009]
Conservative author and pundit Pat Buchanan continues the argument that Supreme Court nominee Sonia Sotomayor (see May 26, 2009) is a product of “affirmative action” (see May 28, 2009, May 29, 2009, and May 31, 2009). “By her own admission, Sotomayor is an ‘affirmative action baby,’” Buchanan writes, referring to a panel discussion from the early 1990s where she called herself a “product of affirmative action.” Buchanan writes that her stellar academic record, including graduating at the top of her class at both Princeton and Yale, is “a fraud from beginning to end, a testament to Ivy League corruption.… Sotomayor got into Princeton, got her No. 1 ranking, was whisked into Yale Law School and made editor of the Yale Law Review—all because she was a Hispanic woman. And those two Ivy League institutions cheated more deserving students of what they had worked a lifetime to achieve, for reasons of race, gender, or ethnicity. This is bigotry pure and simple. To salve their consciences for past societal sins, the Ivy League is deep into discrimination again, this time with white males as victims rather than as beneficiaries. One prefers the old bigotry. At least it was honest, and not, as Abraham Lincoln observed, adulterated ‘with the base alloy of hypocrisy.’” [Human Events, 6/12/2009; Media Matters, 6/14/2009]
Former President George H. W. Bush condemns the right-wing attacks against Supreme Court nominee Sonia Sotomayor (see May 26, 2009), speaking out specifically against the charges that she has racist tendencies (see May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 26, 2009, May 28, 2009, May 26, 2009, May 27-29, 2009, May 27, 2009, May 28, 2009, May 28, 2009, May 28, 2009, May 29, 2009, May 29, 2009, June 2, 2009, June 5, 2009, and June 7, 2009). “I don’t know her that well but I think she’s had a distinguished record on the bench and she should be entitled to fair hearings,” he says. “Not—[it’s] like the senator John Cornyn said it (see May 28-31, 2009). He may vote for it, he may not. But he’s been backing away from these… backing off from those radical statements to describe her, to attribute things to her that may or may not be true.… And she was called by somebody a racist once. That’s not right. I mean that’s not fair. It doesn’t help the process. You’re out there name-calling. So let them decide who they want to vote for and get on with it.” [Think Progress, 6/12/2009]
Journalist Daphne Eviatar writes that during the eight years of the Bush presidency, prosecutions and enforcement of the 1994 Freedom of Access to Clinic Entrances Act (FACE—see May 1994) “cratered,” with Justice Department officials refusing to prosecute or sometimes even investigate complaints of vandalism, harassment, and assault. After the recent murder of abortion provider Dr. George Tiller (see May 31, 2009), Eviatar and the Washington Independent obtained government data showing that enforcement of the FACE law, and other federal laws designed to protect abortion providers and clinics, declined by 75 percent during the Bush presidency. Between 1994 and 1999, when President Clinton was in office, the Justice Department filed 17 complaints under the FACE Act. Between 2001 and 2009, when President Bush was in office, the Justice Department only filed a single case. Tiller’s own clinic was vandalized numerous times, but complaints against the actions were ignored by the department. Statistics provided by the National Abortion Federation (NAF) show that over 3,200 acts of violence against abortion providers in the US and Canada were committed between 2000 and 2008, and the organization says the number of actual incidents was probably “much higher.” The number does not include threats, vandalism, and harassment. NAF statistics show that at least 17 cases of “extreme” violence against abortion providers in the US were reported, including arson, stabbings, bombings, and fake anthrax mailings. But the Bush Justice Department only prosecuted 11 individuals for these attacks. The two highest-profile anti-abortion prosecutions were those of anthrax mailer Clayton Waagner (see 1997-December 2001) and bomber Eric Rudolph (see April 14, 2005). However, none of Waagner’s or Rudolph’s associates in the extremist organization Army of God (see 1982) were ever prosecuted as accessories to the two activists’ crimes. Neither was the Army of God ever investigated as a potential domestic terrorist organization (see Early 1980s). [Washington Independent, 6/12/2009]
Dan Monnat, who acted as George Tiller’s attorney until the late-term abortion provider was murdered (see May 31, 2009), discusses his relationship with Tiller, and the fears and threats leading up to the murder, in a lengthy interview with the Wichita Eagle. One observation he makes is that, since Barack Obama came into office, federal authorities have been more attentive to complaints of vandalism against abortion clinics. “I think there had been other requests during the previous administration for Dr. Tiller’s clinic to be protected under the FACE [Freedom of Access to Clinic Entrances] Act and nobody had done anything,” he says. However, when clinic staff reported vandalism on May 1 that showed “a little more cloak and dagger planning and sophistication” than most acts of vandalism, according to Monnat, the FBI opened an investigation (see June 2, 2009). Federal authorities say they will investigate a possible conspiracy in the Tiller murder. [Wichita Eagle, 6/13/2009]
The CIA releases heavily redacted documents containing statements by Guantanamo detainees concerning their allegations of torture and abuse at the hands of CIA personnel. The documents are released as part of a Freedom of Information Act (FOIA) lawsuit filed by the American Civil Liberties Union (ACLU). The lawsuit seeks uncensored transcripts from Combatant Status Review Tribunals (CSRTs) that determine if prisoners held by the Defense Department at Guantanamo qualify as “enemy combatants.” Previously released versions were redacted so heavily as to contain almost no information about abuse allegations; the current versions, while still heavily redacted, contain some new information. ACLU attorney Ben Wizner, the lead attorney on the FOIA lawsuit, says: “The documents released today provide further evidence of brutal torture and abuse in the CIA’s interrogation program and demonstrate beyond doubt that this information has been suppressed solely to avoid embarrassment and growing demands for accountability. There is no legitimate basis for the Obama administration’s continued refusal to disclose allegations of detainee abuse, and we will return to court to seek the full release of these documents.” The ACLU press release notes, “The newly unredacted information includes statements from the CSRTs of former CIA detainees,” and includes quotes from alleged 9/11 mastermind Khalid Shaikh Mohammed (see Shortly After February 29 or March 1, 2003); alleged high-level al-Qaeda operative Abu Zubaida (see Mid-May 2002 and After); and accused terrorists Abd al-Rahim al-Nashiri (see (November 2002)) and Majid Khan (see March 10-April 15, 2007). These statements include details about their treatment, which the ACLU refers to as “torture and coercion”:
Abu Zubaida - “After months of suffering and torture, physically and mentally, they did not care about my injuries that they inflicted to my eye, to my stomach, to my bladder, and my left thigh and my reproductive organs. They didn’t care that I almost died from these injuries. Doctors told me that I nearly died four times.… They say ‘this in your diary.’ They say ‘see you want to make operation against America.’ I say no, the idea is different. They say no, torturing, torturing. I say ‘okay, I do. I was decide to make operation.’”
Abd al-Rahim al-Nashiri - “[And, they used to] drown me in water.”
Khalid Shaikh Mohammed - “This is what I understand he [a CIA interrogator] told me: you are not American and you are not on American soil. So you cannot ask about the Constitution.”
Majid Khan - “In the end, any classified information you have is through… agencies who physically and mentally tortured me.” [American Civil Liberties Union, 6/15/2009]
Andrew Warren, a former CIA station chief accused of date rape (see September 2007 and February 17, 2008), is indicted by a federal grand jury on one count of sexual abuse. Warren surrenders to a Diplomatic Security Service agent just outside the federal courthouse in Washington, DC, but is released on his own personal recognizance after pleading not guilty. Warren’s indictment will not be unsealed for over a week. ABC News will comment, “Officials provided no reason why there was a delay in unsealing the charges.” Morton Taubman, an attorney for Warren, says his client is “Not guilty.… He is innocent.” [ABC News, 6/29/2009]
The Center for American Progress releases a study that shows how economically viable a transition from the US’s current dependence on carbon-intensive and fossil fuels to a clean energy economy can be. Making this transition is a necessity, the study says, due to “global climate change due to rising carbon emissions” forcing the US to “dramatically cut its consumption of traditional fossil fuels, the primary source of carbon dioxide (CO2) delivered into our atmosphere by human activity.” The transition must achieve three interrelated goals:
Dramatically increasing energy efficiency;
Dramatically lowering the cost of supplying energy from such renewable sources of energy as solar, wind, and biomass; and
Mandating limits and then establishing a price on pollution from the burning of oil, coal, and natural gas.
According to the study, a dramatic decrease in CO2 emissions can be achieved alongside an increase in employment opportunities, individual incomes, and economic growth. The authors of the study say their work is done within the parameters of two government initiatives: the American Recovery and Reinvestment Act (ARRA—see February 2009) and the proposed American Clean Energy and Security Act (ACESA), which remains to be passed by Congress. Taken together, the authors claim, the two measures can generate roughly $150 billion per year in new clean-energy investments in the United States over the next decade. Most of this new spending will be undertaken by the private sector, the authors say, triggered by the ARRA and the yet-to-be-passed ACESA, and will, they predict, create some 1.7 million new jobs that will be sustained if the spending continues year after year. That job gain would drop the unemployment rate about one percent, “even after taking into full account the inevitable job losses in conventional fossil fuel sectors of the US economy as they contract.” The authors say the clean energy program would do a great deal to combat the recession. The program would rely on three elements:
Regulations aimed at promoting clean energy;
A mandated cap on carbon emissions that will be phased in through 2050; and
Measures designed to help businesses, communities, and individuals successfully manage the transition to a clean-energy economy.
The authors conclude: “To be sure, any economic modeling effort that estimates changes in employment growth, economic growth, and income growth will result in forecasts that are problematic by nature. We make this clear in our paper wherever we rely on our own economic models and those employed by others. But we also take pains to examine the relative strengths and weaknesses of all the modeling approaches—including our own. This enables us to cross check our own conclusions with those of other researchers to reach the most reliable possible understanding of the overall impact of advancing a clean-energy agenda within the US economy.” [Center for American Progress, 6/18/2009; Robert Pollin, James Heintz, and Heidi Garrett-Peltier, 6/18/2009 ]
English-only advocates Pat Buchanan and white nationalist Peter Brimelow standing under misspelled banner. [Source: Think Progress (.org)]Right-wing pundit Pat Buchanan and his organization The American Cause host a conference to discuss how Republicans can regain a political majority. The conference is co-sponsored by a number of white nationalist and white advocacy groups. The conference features a panel discussion supporting English-only initiatives as a way to attract “working-class white Democrats” to the Republican Party, and in the process ridicules Supreme Court nominee Sonia Sotomayor (see May 26, 2009) for her use of children’s books to study English while she was in college (see May 31, 2009). The panelists also suggest that, without English as the official language of the US, President Obama would force Americans to speak Spanish. The conference’s English-only advocates apparently do not notice that the banner hanging over the festivities prominently misspells the word “conference” as “conferenece.” [Media Matters, 6/11/2009; Think Progress, 6/22/2009]
After announcing plans to commemorate the death and clinic closing of murdered late-term-abortion-providing OB/GYN George Tiller (see May 31, 2009) by laying flowers at the clinic building, hardline anti-abortion group Operation Rescue changes the location of the event to its Wichita headquarters due to an announced counter-protest by abortion rights supporters. However, about ten abortion opponents return to the clinic in the evening to lay hundreds of flowers, after the abortion rights supporters have left. [Operation Rescue, 6/20/2009] Marla Patrick, state co-ordinator for the National Organization for Women, which organized the counter-protest, says: “Our original intent was to prevent them from doing their proverbial dance on a murdered man’s grave. The fact they changed plans tells me we were successful.” [Associated Press, 6/20/2009] Suspicions persist of murder suspect Scott Roeder’s connection with Operation Rescue (see May 31, 2009).
The Supreme Court refuses to hear an appeal concerning former CIA official Valerie Plame Wilson’s dismissed lawsuit against four Bush officials (see July 19, 2007). Plame Wilson had sued former Vice President Dick Cheney (see July 7-8, 2003), former White House political strategist Karl Rove (see July 8, 2003 and 11:00 a.m. July 11, 2003), convicted perjurer Lewis Libby (see March 6, 2007), and former Deputy Secretary of State Richard Armitage (see June 13, 2003), for deliberately disclosing her covert CIA status to reporters. Plame Wilson and her co-plaintiff, husband Joseph Wilson, have said their case is about “abuse of power at the highest level of American government.” The dismissal of their lawsuit was upheld by a federal appeals court in 2008. [Fox News, 6/22/2009] In May, Solicitor General Elena Kagan urged the Court to deny the Wilsons’ appeal, saying that the lawsuit did not meet the criteria of the 1974 Privacy Act. The law, Kagan argued, barred federal employees from being sued; only their agencies could be sued. [Mother Jones, 6/22/2009]
In an 8-1 decision, the US Supreme Court refuses to rule against one of the main components of the 1965 Voting Rights Act (VRA—see August 6, 1965 and June 29, 1989). Many conservatives had seen the case as an opportunity for the Court conservatives to either drastically narrow or entirely gut the VRA, and were hopeful of that outcome in light of a recent Court decision narrowing the VRA’s effect on districting (see March 9, 2009). Instead, the Court chooses not to rule on the central tenet of the case of Northwest Austin Municipal Utility District No. 1 v. Holder, which is that the VRA is largely unconstitutional. The case was brought by a Texas utility district that claimed in arguments that the VRA was unconstitutional and unnecessary in a time when the nation has elected a black president. The plaintiff argued that districts and other governmental entities should be allowed to “bail out” from being covered by the VRA. [New York Times, 6/22/2009; New York Times, 6/22/2009] Many observers were concerned that the conservative wing of the Court would use the case to overturn large portions of the VRA, especially in earlier questioning, when Justice Anthony Kennedy said: “Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio. The sovereignty of Alabama is less than the sovereign dignity of Michigan. And the governments in one are to be trusted less than the governments in the other.… No one questions the validity, the urgency, the essentiality of the Voting Rights Act. The question is whether or not it should be continued with this differentiation between the states. And that is for Congress to show.” [New York Times, 4/29/2009] Chief Justice John Roberts, writing the majority opinion, says that the Court should avoid tackling large constitutional questions when it can. “We are now a very different nation” than the one that first passed the Voting Rights Act, he writes. “Whether conditions continue to justify such legislation is a difficult constitutional question we do not answer today.” Roberts’s opinion says that “a broader reading” of the VRA’s bailout provision should be implemented. Moreover, he writes, the federal oversight of states and areas with a history of discrimination may have served its purpose and may need to be phased out, a position supported by the lone dissenter, Justice Clarence Thomas, who writes that the oversight provision of Section 5 of the VRA should be overturned entirely. It is possible that others will take advantage of the Court’s hesitation to file other “opt out” or “bailout” challenges to the VRA. Some legal experts found the basis of the case to be lacking. Ellen Katz, a law professor at the University of Michigan, calls the Court’s ruling “improbable,” and Richard Hasen of Loyola Law School says “virtually no lawyer” sees the Court’s interpretation as reasonable. NAACP lawyer Debo P. Adegbile says that regardless of questions surrounding the Court’s verdict, the ruling is one to celebrate: “This case was brought to tear the heart out of the Voting Rights Act, and today that effort failed.” [New York Times, 6/22/2009]
Federal authorities launch raids and arrests in three states based on four years of evidence compiled by a confidential informant who has managed to get close to white supremacists Dennis and Daniel Mahon (see January 26, 2005 and After). The Mahons’ home in Illinois is searched, as is a Missouri farm owned by survivalist Robert Joos and an Indiana home owned by supremacist leader Tom Metzger (see 1981 and After). The Mahons are arrested on suspicion of bombing a Scottsdale federal office (see February 26, 2004 and After), and Joos on weapons charges. Metzger is not arrested. Joos is later convicted and sentenced to six and a half years in federal prison. The Mahons will go on trial in 2012 (see January 10, 2012 and After). Metzger later says that he was released because he was innocent of any crime, and that he doubts the Mahon brothers are guilty of anything, either: “I have a hard time believing that they did it. I’ve always cautioned them against going across the line.” [TPM Muckraker, 1/10/2012]
The US Supreme Court says it will schedule a hearing on the controversial “Citizens United” case, Citizens United v. Federal Election Commission (see March 15, 2009), for September 2009, in an unusual second presentation before the Court (see September 9, 2009). According to the justices, the lawyers for both Citizens United (CU) and the federal government should argue whether previous Court rulings upholding federal election law should be overturned based on First Amendment grounds. Both sides are asked to argue whether the Court should overrule the 1990 Austin decision (see March 27, 1990), which upheld restrictions on corporate spending on political campaigns, and/or the 2003 McConnell decision (see December 10, 2003), which upheld the bulk of the 2002 Bipartisan Campaign Reform Act (BCRA—see March 27, 2002). Law professor Nathaniel Persily says of the directive: “The Court is poised to reverse longstanding precedents concerning the rights of corporations to participate in politics. The only reason to ask for reargument on this is if they’re going to overturn Austin and McConnell.” The New York Times observes, “The Roberts court [referring to the Supreme Court under Chief Justice John Roberts] has struck down every campaign finance regulation to reach it, and it seems to have a majority prepared to do more.” Previous lower court rulings have found that CU’s attempt to air a film attacking presidential candidate Hillary Clinton (D-NY) was an attempt to engage in “electioneering,” and thus came under the restrictions of the McCain-Feingold campaign law (see March 27, 2002). The film was financed in part by donations from corporations and individuals whom CU has refused to identify. [United Press International, 6/29/2009; New York Times, 6/29/2009] CU previously attempted to have its case heard by the Court, but the Court sent the case back to a federal appeals court, which ruled in favor of the Federal Election Commission (FEC) and against CU (see March 24, 2008). Law professor Richard Hasen agrees with Persily and the Times that the decision to reargue the case a second time indicates that the Court’s conservative majority is prepared to overturn both Austin and McConnell, and allow essentially unlimited corporate spending in federal elections. Hasen writes that if the Court does indeed rule in favor of unlimited corporate spending, it will be in response to the fundraising advantage currently enjoyed by Democratic presidential candidate Barack Obama (D-IL) over his Republican counterpart, John McCain (R-AZ). [Slate, 6/29/2009] The decision will indeed overturn both Austin and McConnell, and gut most of the BCRA (see January 21, 2010).
Entity Tags: Hillary Clinton, Bipartisan Campaign Reform Act of 2002, Barack Obama, Federal Election Commission, US Supreme Court, New York Times, John G. Roberts, Jr, Richard L. Hasen, Nathaniel Persily, John McCain, Citizens United
Timeline Tags: Civil Liberties
Senator-elect Al Franken (D-MN) acknowledges his victory in front of his Minneapolis home. His wife Franni Franken looks on. [Source: Jeffrey Thompson / Getty Images / Zimbio]The Minnesota Supreme Court rejects Senate candidate Norm Coleman’s motion to reconsider the vote recount that found his opponent, Al Franken (D-MN), the winner of the November 2008 Senate race (see January 5, 2009). Coleman, a Republican and the incumbent, concedes the election in a brief appearance after the ruling. Hours later, Governor Tim Pawlenty (R-MN) signs the election certificate for Franken, clearing the way for Franken to take his seat in the US Senate. “I can’t wait to get started,” Franken says. “I won by 312 votes, so I really have to earn the trust of the people who didn’t vote for me.” Coleman says he chose not to appeal to federal courts given the likelihood that the results would not have gone his way, and says he respects the high court’s decision. The court rejects Coleman’s contention that hundreds of absentee ballots ruled invalid should be counted, ruling that voters have the expectation of filling out the ballots properly and should understand that improperly completed ballots will be rejected. Franken’s seating gives Democrats a 60-vote majority in the Senate, theoretically giving them a “filibuster-proof majority” that would overcome Republican efforts to block legislation by refusing to allow cloture votes. However, Democrats rarely vote in unified “blocs” as Republicans often do, and two Senate Democrats, Ted Kennedy (D-MA) and Robert Byrd (D-WV), are hospitalized and unable to cast votes. Franken will be seated after Congress’s July 4 recess. [Associated Press, 6/30/2009; Commercial Appeal (Memphis), 7/1/2009] Politico describes the ruling as “remarkably decisive, picking apart and rejecting one Coleman legal claim after another.” Law professor Larry Jacobs says, “Norm Coleman has gotten shellacked in the court room—by judges who were appointed by Pawlenty.” The Minnesota Republican Party protests the ruling, claiming that it “wrongly disenfranchised thousands of Minnesotans who deserve to have their votes counted,” but Senate Minority Leader Mitch McConnell (R-KY) says he accepts the decision, stating: “While I am very disappointed in the Minnesota Supreme Court’s decision today, I respect Norm’s decision not to pursue his case any further. After having more votes on Election Day, he made a great personal sacrifice to pursue an accurate account of the vote for Minnesotans. For that, and his dedicated service on behalf of Minnesota, he should be commended.” [Politico, 6/30/2009]
Entity Tags: Politico, Larry Jacobs, Edward M. (“Ted”) Kennedy, Al Franken, Minnesota Republican Party, Minnesota Supreme Court, Robert C. Byrd, Mitch McConnell, Norm Coleman, Tim Pawlenty
Timeline Tags: Civil Liberties, 2008 Elections
The non-partisan PolitiFact, an organization sponsored by the St. Petersburg Times, again delves into the ever-widening controversy surrounding President Obama’s supposed lack of US citizenship. A year ago, the organization attempted to debunk the wildly varying claims that Obama is not a US citizen (see June 27, 2008). Since then, the number and nature of the various claims against Obama’s heritage and citizenship have continued to swell. PolitiFact examines one aspect of the controversy, the question about “long form” vs. “short form” birth certificates. According to PolitiFact researcher Robert Fairley, so-called “birthers” claim that Obama has never produced a valid “long form” birth certificate, only an easily faked “short form” certificate that is generated via a computer database in Honolulu, the city of Obama’s birth. In August 2008, researchers from FactCheck stated that they had verified the authenticity of a physical and true copy of the birth certificate, though the verification did little to stem the tide of claims and conspiracy theories. The “long form”—kept in state vaults by Hawaiian law—is the actual “birth certificate,” birthers claim; the “short form” is merely a “certification of live birth,” and, they say, useless for proving anyone’s actual status as a citizen. Many “birthers” believe that the “hidden” long form would prove Obama’s foreign birth, and claim that Hawaii’s refusal to release it (a violation of state law) is proof of Obama’s hidden heritage. Some claim that Hawaii does not accept a “certification of live birth” as proof that an individual was physically born in Hawaii, and point to a statement on the Web site of the Hawaii Department of Home Lands, which reads in part: “In order to process your application, DHHL utilizes information that is found only on the original certificate of live birth, which is either black or green. This is a more complete record of your birth than the certification of live birth (a computer-generated printout). Submitting the original certificate of live birth will save you time and money since the computer-generated certification requires additional verification by DHHL.” DHHL spokesman Lloyd Yonenaka says the statement is somewhat misleading. In order to be eligible for Hawaii’s Home Lands program, an applicant must be able to prove that his ancestry is 50 percent native Hawaiian or indigeneous. Obama has never asserted that his ancestry is native Hawaiian. The DHHL Web site now states: “The Department of Hawaiian Home Lands accepts both certificates of live birth (original birth certificate) and certifications of live birth because they are official government records documenting an individual’s birth. The certificate of live birth generally has more information which is useful for genealogical purposes as compared to the certification of live birth which is a computer-generated printout that provides specific details of a person’s birth. Although original birth certificates (certificates of live birth) are preferred for their greater detail, the State Department of Health (DOH) no longer issues certificates of live birth. When a request is made for a copy of a birth certificate, the DOH issues a certification of live birth.” Janice Okubo of the Hawaii Department of Health says there is no real difference between the “long form” and “short form” for any useful purposes. The terms are “just words,” she says. Obama’s birth certificate as posted on the Internet (see June 13, 2008) “is considered a birth certificate from the state of Hawaii. There’s only one form of birth certificate.” Hawaii has followed the same practice of keeping the “long form” on file and issuing copies of the “short form” since the 1960s, she says. The forms have changed somewhat in appearance over the ensuring decades, she notes, and says there are no doubt differences between certificates issued in, say 1961 and those issued now. “When you request a birth certificate, the one you get looks exactly like the one posted on his site,” she says. “That’s the birth certificate.” The so-called “short form” “certification of live birth” would show if Obama had been born in a foreign land, she says. The certificate states that he was born in Honolulu. [St. Petersburg Times, 7/1/2009]
The non-partisan PolitiFact, an organization sponsored by the St. Petersburg Times, finds that claims of a bill pending in Congress is intended to “cloak” “proof” about President Obama’s supposed foreign birth are entirely specious. The 2009 Free Flow of Information Act, passed by the House of Representatives in March, is, according to some in the “birther” movement, actually intended to protect Obama from having to produce his long-form birth certificate (see June 13, 2008). Some conservative bloggers are calling it the “Obama Birth Certificate Protection Act.” An email making the rounds of the Internet claims the bill “would guarantee Barack Obama will never be held accountable for producing forged birth documents,” and asks recipients to protest its passage in the Senate. PolitiFact finds that the Free Flow of Information Act is designed to prevent a citizen from providing “testimony or produce any document related to information obtained or created by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence” due to compulsion by federal authorities. It is primarily designed to protect journalists who fear retaliation if they print sensitive or embarrassing information in their publications. However, the “birthers” say the bill would protect federal employees from being compelled to release documents. The bill is clear in stating that “covered persons” are journalists, bloggers, and anybody else “who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the person’s livelihood or for substantial financial gain and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person.” Sophia Cope of the Newspaper Association of America says: “[A] covered person is simply a journalist. The White House would not fall under that.… The bill’s intent is to protect reporters and their confidential sources from being subpoenaed to testify, or from having to disclose the identity of those sources. I don’t see how it would relate to Obama’s birth certificate.” The bill was introduced in 2006, well before Obama announced his candidacy for president; PolitiFact writes, “The idea that it is a covert attempt to block Obama from producing his birth certificate is absurd.” It is also anything but a partisan bill; it passed the House on a simple voice vote, and passed earlier on a vote of 398-21. It is expected to pass the Senate with little difficulty. PolitiFact concludes: “One could argue that this law has simply been misread by some well-intentioned government watchdogs. But this is just the latest conspiracy theory from the fringe of a conservative group convinced that Obama hasn’t provided sufficient documentation to prove he was born in the United States, and therefore cannot serve as president. Even among these folks, the claim about the Free Flow of Information Act is more than a stretch.” [St. Petersburg Times, 7/1/2009] The bill will bog down in the Senate Judiciary Committee in December 2009. [Review, 2011]
The cover of Mark Klein’s ‘Wiring Up the Big Brother Machine… and Fighting It.’ [Source: BookSurge / aLibris (.com)]Former AT&T technician Mark Klein self-publishes his book, Wiring Up the Big Brother Machine… and Fighting It. In his acknowledgements, Klein writes that he chose to self-publish (through BookSurge, a pay-to-publish venue) because “[t]he big publishers never called me,” and the single small publishing house that offered to publish his book added “an unacceptable requirement to cut core material.” Klein based his book on his experiences as an AT&T engineer at the telecom giant’s San Francisco facility, where he primarily worked with AT&T’s Internet service. In 2002 and 2003, Klein witnessed the construction of of a “secret room,” a facility within the facility that was used by the National Security Agency (NSA) to gather billions of email, telephone, VoIP (voice over Internet Protocol), and text messages, most of which were sent by ordinary Americans. The NSA did its electronic surveillance, Klein writes, secretly and without court warrants. Klein describes himself as “wiring up the Big Brother machine,” and was so concerned about the potential illegality and constitutional violations of the NSA’s actions (with AT&T’s active complicity) that he retained a number of non-classified documents proving the extent of the communications “vacuuming” being done. Klein later used those documents to warn a number of reporters, Congressional members, and judges of what he considered a horrific breach of Americans’ right to privacy. [Klein, 2009, pp. 9-11, 21-24, 33, 35, 38, 40] In 2007, Klein described his job with the firm as “basically to keep the systems going. I worked at AT&T for 22 and a half years. My job was basically to keep the systems going. They were computer systems, network communication systems, Internet equipment, Voice over Internet [Protocol (VoIP)] equipment. I tested circuits long distance across the country. That was my job: to keep the network up.” He explained why he chose to become a “whistleblower:” “Because I remember the last time this happened.… I did my share of anti-war marches when that was an active thing back in the ‘60s, and I remember the violations and traffic transgressions that the government pulled back then for a war that turned out to be wrong, and a lot of innocent people got killed over it. And I’m seeing all this happening again, only worse. When the [NSA] got caught in the ‘70s doing domestic spying, it was a big scandal, and that’s why Congress passed the FISA [Foreign Intelligence Surveillance Act] law, as you know, to supposedly take care of that (see 1978). So I remember all that. And the only way any law is worth anything is if there’s a memory so that people can say: ‘Wait a minute. This happened before.’ And you’ve got to step forward and say: ‘I remember this. This is the same bad thing happening again, and there should be a halt to it.’ And I’m a little bit of that institutional memory in the country; that’s all.” [PBS Frontline, 5/15/2007]
Lawyer Orly Taitz (left) and Army Reserve Major Stefan Cook, during an interview for a television news crew. [Source: Anna Raccoon (.com)]US Army Reserve Major Stefan Frederick Cook says he should not be deployed to Afghanistan because President Obama is not a US citizen and therefore lacks the constitutional authority to order troops to do anything. Cook’s counsel, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), files a request in the US District Court for the Middle District of Georgia asking that the court bar Cook from deploying, and seeking conscientious objector status for her client. Taitz says in the filing that Cook believes Obama is not a natural-born citizen of the United States (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009) and therefore has no obligation to obey orders from his superior officers that generate from Obama. Moreover, the filing says, Cook “would be acting in violation of international law by engaging in military actions outside the United States under this president’s command.… simultaneously subjecting himself to possible prosecution as a war criminal by the faithful execution of these duties.” Cook is ordered to mobilize for active duty tomorrow. He is to report to MacDill Air Force Base in Tampa, Florida, and then report to Fort Benning, Georgia, for overseas deployment. A week later, the Army revokes Cook’s deployment orders, instead ordering Cook to await an upcoming hearing on his court filing. Army Public Affairs Officer Lieutenant Colonel Maria Quan says that reservists such as Cook have the right to ask for revocation of their orders up to the day they are scheduled to report for active duty, but adds that Cook has not asked for such revocation. The Army has learned that Cook volunteered for deployment in May 2009, while simultaneously conferring with Taitz to file the complaint. [Columbus Ledger-Enquirer, 7/14/2009; Columbus Ledger-Enquirer, 7/14/2009] Cook has posted on the Free Republic, a far-right Web site and forum, for six years under the moniker “roaddog727.” As early as March 2010, Cook had exchanged emails with Taitz, suggested that he was one of a number of plaintiffs in a class-action lawsuit challenging Obama’s citizenship, and had posted a long discourse on Obama’s lack of citizenship on the Free Republic. Taitz has repeatedly solicited soldiers to take part in her anti-Obama lawsuits. [Washington Independent, 7/14/2009; Mudville Gazette, 7/15/2009] On July 16, the day of the hearing, Cook is joined in the complaint by retired Army Major General Carol Dean Childers and active reserve Air Force Lieutenant Colonel David Earl Graeff. The government says that because Cook’s orders have been revoked, the complaint filed by Taitz is “moot”: “The commanding general of SOCCENT (US Special Operations Central Command) has determined that he does not want the services of Major Cook, and has revoked his deployment orders.” Taitz revises the complaint to add Childers and Graeff to the suit, “because it is a matter of unparalleled public interest and importance and because it is clearly a matter arising from issues of a recurring nature that will escape review unless the Court exercises its discretionary jurisdiction.” The lawsuit now says the injunction is necessary to encompass the possibility of Cook receiving future orders for deployment as well as to address and prevent “negative collateral consequences such as retaliation against” Cook. The filing notes that Cook lost his job at defense contractor corporation Simtech because of the lawsuit, and complains that Cook is the target of “gossip” from people who believe he was “manipulating his deployment orders to create a platform for political purposes.” [Columbus Ledger-Enquirer, 7/16/2009] Federal judge Clay Land dismisses the suit, siding with the defense which calls the lawsuit “moot.” Land rules: “Federal court only has authority of actual cases and controversies. The entire action is dismissed for lack of subject matter jurisdiction.” Cook says after the ruling: “I love the Army and I want to continue to serve in the Army. If we can establish that [Obama] is in fact president of the United States legally, I’m on the airplane the next day over to Afghanistan… if they cut my deployment orders, so I can do the job that I want to do.… If one cannot establish the validity and legality of the order… we would be following illegal orders and subject to prosecution. I could be prosecuted by the Uniform Code of Military Justice and if captured I would not be privy to protections under the Geneva Convention.” [Columbus Ledger-Enquirer, 7/16/2009] Taitz claims victory. The military has shown its cards “and they have nothing to play with,” she says. “By revoking the orders, it’s clear to anybody. Think reasonably: Why would the military undermine itself by revoking its orders?” She says the Army revoked Cook’s orders because the government could not prove in court that Obama was born in the United States and is therefore the legitimate commander in chief. CENTCOM spokesman Lieutenant Commander Bill Speaks calls Taitz’s claim “ridiculous” and Cook’s position “a bizarre conspiracy theory. Suffice to say [that revoking the orders] is certainly not an acknowledgement or validation in any way of his claims.” [Stars and Stripes, 7/30/2009]
Entity Tags: Orly Taitz, Maria Quan, Clay Land, Carol Dean Childers, Free Republic, Bill Speaks, US Department of the Army, Stefan Frederick Cook, David Earl Graeff, Barack Obama
Timeline Tags: US Military, Domestic Propaganda
Rachel Maddow and Pat Buchanan, during their discussion of Sonia Sotomayor’s nomination to the Supreme Court. [Source: MSNBC / Crooks and Liars]As the Senate readies to vote for or against Judge Sonia Sotomayor for the Supreme Court (see August 6, 2009), conservative commentator and author Pat Buchanan attempts to explain why he feels Sotomayor should not be confirmed.
Affirmative Action Accusation - Buchanan, interviewed by MSNBC’s progressive host Rachel Maddow, has accused Sotomayor of being an “affirmative action” selection for the bench (see May 28, 2009, May 31, 2009, June 12, 2009, and June 20, 2009) who uses her position to “discriminate against white males.” As evidence of his claim, he says: “I do believe she’s an affirmative action appointment by the president of the United States. He eliminated everyone but four women and then he picked the Hispanic.” Maddow asks him to define affirmative action, and Buchanan replies, “Affirmative action is to increase diversity by discriminating against white males.” After citing four court cases, he adds: “[A]ffirmative action is basically reverse discrimination against white males and it’s as wrong as discrimination against black females and Hispanics and others. And that’s why I oppose it.”
White People Built America, Buchanan Says - In her turn, Maddow asks, “Why do you think is that of the 110 Supreme Court justices we’ve had in this country, 108 of them have been white?” to which Buchanan responds: “Well, I think white men were 100 percent of the people that wrote the Constitution, 100 percent of the people that signed the Declaration of Independence, 100 percent of people who died at Gettysburg and Vicksburg. Probably close to 100 percent of the people who died at Normandy. This has been a country built basically by white folks in this country who are 90 percent of the entire nation—in 1960, when I was growing up, Rachel—and the other 10 percent were African-American who had been discriminated against. That’s why.” Maddow asks if he believes “there are 108 of 110 white Supreme Court justices because white people essentially deserve to have 99.5 percent of those positions? That there’s nothing—that doesn’t reflect any sort of barrier to those positions by people who aren’t white. You think that’s what they’ve—you think that’s just purely on the basis of what white people have deserved to get?”
Back to Affirmative Action - Buchanan shifts his argument and asserts that the Supreme Court should have the nine finest legal minds and scholars, regardless of race or gender. “But this one doesn’t have that. She was appointed because she’s a Latina, a Hispanic, and a woman.” Maddow counters with Sotomayor’s extensive experience, saying: “She is also the judicial nominee who has more judging experience than any judge has gone up in, say, in the past, I don’t know, what is it, 70 years? She has been an appellate court judge of some distinction for a lot longer than [Chief Justice John] Roberts was, [Justice Samuel] Alito was. I mean, it’s not like she was—she was picked out… she was like picked out of the minor leagues and brought up here, Pat.” Buchanan returns to his affirmative action argument, noting that Sotomayor agreed that she was granted admission to Princeton University because of the program. Buchanan goes farther, accusing her of receiving preferential treatment for all of her accomplishments, including her stint on the Yale Law Review and her appointment to the federal bench. Maddow, battling through Buchanan’s attempts to interrupt her, defends the affirmative action program, saying: “[W]hat our country needs is to be able to choose from the largest possible pool of talent in order to be able to pick the people who are going to have to function at the highest levels so that our country can compete and our country to do all the hard things we need do, I would hope that you would see that picking 108 out of 110 white justices… to the Supreme Court means that other people aren’t actually being appropriately considered. And the reason that you have affirmative action is that you recognize that the fact that people were discriminated against for hundreds of years in this country means that you sort of gained the system, unless you give other people a leg up.” She continues, “But, Pat, for you to argue that there’s no basis on which the United States benefits… from having Hispanics be among the people who we choose the best and brightest from defies belief.… The idea that you think we’ll best serve by only choosing among 99.9 percent white people.… [W]hen I look at the United States Supreme Court and I see 108 out of 110 white people, I see 108 out of 110 men. I’m—I don’t look at that and think, ‘God, white guys are naturally better at this type of work than other people who aren’t getting these jobs.’ I don’t think that way.… I want to hear you—I would love to hear your answer as to whether or not you think that is what explains it, too. Because, I think, what the more obvious explanation is, is that you have to be a white guy in order to get considered for these jobs and has been true since the dawn of time in this country.… That’s starting to break up now so that we can tap a bigger pool of talent. You should be happy about that for your country, Pat.” Buchanan counters that whites “are victims of this evil affirmative action policy which says in effect that everybody’s covered by the 14th Amendment and the civil rights laws unless you’re a white male and your parents and ancestors came from Europe. Then we can discriminate against you. That’s what I am against.”
Stirring 'Up Racial Animus' - Countering Buchanan’s accusations of reverse racism, Maddow says: “Pat, I couldn’t disagree with you more. I tribute—I credit you sticking to your gun. I think you’re absolutely wrong about this and I think that by advocating that the Republican Party try to stir up racial animus among white voters.… You’re dating yourself.” Buchanan says that the government should “defend the legitimate rights of white working-class folks who are the victims of discrimination, because that’s the right thing to do and because it’s the politically right thing to do.” Maddow concludes: “A lot of things divide us, Pat. Race is one of those. But there’s a lot of other ways in which we just gratify as a country, and for you to privilege race and say that what we really need to make sure we tap, politically, is white people’s racial grievances, you’re playing with fire and you’re dating yourself. You’re living in the 1950s, Pat.” [MSNBC, 7/17/2009]
US Representative Michele Bachmann (R-MN) attempts to delay a Congressional resolution introduced by Representative Neil Abercrombie (D-HI) to commemorate the 50th anniversary of Hawaii’s statehood. Bachmann, who has publicly expressed support for so-called “birther” claims that President Obama is not a real US citizen (see June 13, 2008, June 27, 2008, and August 21, 2008), apparently opposes a line in Abercrombie’s resolution that states, “Whereas the 44th President of the United States, Barack Obama, was born in Hawaii on August 4, 1961” (see June 13, 2008, June 27, 2008, October 30, 2008 and July 28, 2009). According to Abercrombie spokesperson Dave Helfert, “birthers” have claimed that the line is an attempt to get Congress to affirm Obama’s citizenship. Bachmann objects to the resolution coming to a vote, saying a quorum is not present. The House later votes 378-0 to approve the resolution; Bachmann votes in favor. [Honolulu Advertiser, 7/28/2009]
Hawaii’s health director, Dr. Chiyome Fukino, releases a second statement that verifies President Obama was indeed born in Hawaii on August 4, 1961, and therefore is a valid US citizen. Fukino is responding to persistent rumors that Obama is not a valid US citizen and therefore is ineligible to serve as president. The statement reads: “I, Dr. Chiyome Fukino, director of the Hawaii State Department of Health, have seen the original vital records maintained on file by the Hawaii State Department of Health verifying Barack Hussein Obama was born in Hawaii and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.” Fukino released a similar statement before the 2008 presidential election (see October 30, 2008), which was derided by “birthers” who are convinced Obama is not a true American citizen. CNN’s Lou Dobbs has demanded to see Obama’s “long form” birth certificate, even though Hawaiian law states that all such documents remain under lock and key and are not publicly released; Dobbs continues to push the “birther” story on his nightly talk show, even though CNN’s US president Jon Klein has told Dobbs’s staffers that the issue is a “dead” story. Birthers dispute the fact that Obama was born in Kapiolani Maternity & Gynecological Hospital in Honolulu on August 4, 1961, despite the release of a verified copy of the certificate (see June 13, 2008, June 27, 2008, and August 21, 2008), court rulings, and statements by Fukino and Hawaiian Governor Linda Lingle (R-HI). [Honolulu Advertiser, 7/28/2009]
The press learns that in the final months of the 2008 presidential campaign, the McCain-Palin campaign investigated claims that then-Senator Barack Obama (D-IL) may not be a legitimate US citizen. The campaign investigation was spurred by reports of a court filing in Pennsylvania (see August 21-24, 2008). A lawyer contacted by the McCain-Palin campaign called the court filing “idiotic,” but the filing prompted the campaign to do some investigating of its own. Trevor Potter, a Washington attorney who served as general counsel to the 2008 McCain campaign, recalls: “We monitored the progress of these lawsuits against the Obama campaign. The McCain campaign faced a series of lawsuits like this, too, alleging that he could not be president because he was born in the Panama Canal Zone. Both campaigns took the position that these plaintiffs lacked standing.” Potter and other McCain legal experts quickly ruled out any chance of those lawsuits holding up in court. They also investigated the claims underlying the lawsuits. “To the extent that we could, we looked into the substantive side of these allegations,” Potter recalls. “We never saw any evidence that then-Senator Obama had been born outside of the United States. We saw rumors, but nothing that could be sourced to evidence. There were no statements and no documents that suggested he was born somewhere else. On the other side, there was proof that he was born in Hawaii. There was a certificate issued by the state’s Department of Health (see June 13, 2008), and the responsible official in the state saying that he had personally seen the original certificate (see October 30, 2008 and July 28, 2009). There was a birth announcement in the Honolulu Advertiser, which would be very difficult to invent or plant 47 years in advance” (see July 2008). [Washington Independent, 7/24/2009] McCain’s own citizenship has also been unsuccessfully challenged in court (see March 14 - July 24, 2008).
Stars and Stripes, the official news outlet for the US military, publishes an analysis of a lawsuit filed by Army reservist Major Stefan Cook, who asked a court to stop his deployment to Afghanistan because of his doubt that President Obama is a US citizen and therefore lacks the authority of commander in chief. The lawsuit was dismissed after the Army rescinded its deployment orders for Cook (see July 8-16, 2009). Stars and Stripes reporter Megan McCloskey writes: “[T]he Army reservist’s intention appeared not so much to fight for America as to fight against President Barack Obama, in furtherance of a bizarre conspiracy theory.… Cook is one of the so-called ‘birthers,’ a small group of activists who subscribe to a fringe conspiracy theory alleging that Obama was not born in the United States and therefore cannot legally serve as president. The conspiracy theory, proven false by numerous media investigations as well as officials in the state of Hawaii where Obama was born (see June 13, 2008, August 21, 2008, October 30, 2008, and July 28, 2009), first surfaced early in the presidential campaign, but in recent months it has continued to fester on the Internet.” McCloskey theorizes that the lawsuit was engendered by Cook’s attorney, “birther” lawyer Orly Taitz (see November 12, 2008 and After and March 13, 2009), in order to “gain [her] a few more minutes of screen time on the cable news networks. Taitz, a Russian-born dentist who got her law degree online, is the public face of the birthers. She has been trying to get the conspiracy theory heard in court since before the election. So far, all of the lawsuits brought by the birthers have been summarily dismissed.” The Army, McCloskey writes, “refused to be baited” by this lawsuit. Lieutenant Colonel Holly Silkman, a spokesperson for SOCCENT (US Special Operations Central Command), says Cook’s critical engineer billet could not be “hijacked by further legal wrangling.” Cook was scheduled to deploy on July 15, and his position cannot sit empty. The officer Cook was supposed to replace “is going to have to remain in Afghanistan a while longer,” Silkman says, and adds that the Army is working to find a replacement: “No one has been identified yet, but it is a priority fill, so we’re working on it and expect to fill it soon. Engineers are in high demand.” Taitz, interviewed by McCloskey, tells the reporter: “I have one question: Why would any member of the US military risk his life or take any orders… from someone who is refusing to prove he is the legitimate president? We can’t stand for the arrogant, obnoxious behavior of Obama. He wants to defraud the whole nation.” Taitz refuses to allow McCloskey to interview Cook. Brandon Friedman of VoteVets (.org), a political action committee seeking to elect veterans of the wars in Iraq and Afghanistan to public office, says of Cook: “That’s not leadership. That’s not the way Major Cook was trained and brought up in the Army. You don’t leave a unit like that, and you certainly don’t do it because you’re trying to make a political statement.” [Stars and Stripes, 7/30/2009]
Mary Patrice Brown. [Source: Allgov (.com)]The Justice Department’s Office of Professional Responsibility (OPR) recommends reversing a Bush-era policy and reopening nearly a dozen prisoner abuse investigations, mostly in Iraq and Afghanistan. The decision could potentially expose CIA employees and contractors to prosecution for crimes involving brutalizing and torturing prisoners in US custody, particularly as some detainees died in custody and others were physically and mentally abused. The OPR makes the recommendation in early August, but the information is not reported in the media until later in the month. The decision comes as the Justice Department is ready to disclose new information on prisoner abuse from a 2004 report by the CIA’s inspector general that has never before been released (see May 7, 2004). The Bush-era Justice Department chose not to pursue investigations into any of the allegations, deciding that none of them warranted further inquiry. However, Attorney General Eric Holder reconsidered that decision after he saw the allegations and the accompanying evidence, much of which is contained in the 2004 CIA report. The OPR gives Holder additional leverage to reopen the investigations. The OPR report is primarily authored by the office’s new chief, Mary Patrice Brown, a federal prosecutor picked to replace the office’s former head, H. Marshall Jarrett, who is working elsewhere in the Justice Department. One case under review is that of Iraqi citizen Manadel al-Jamadi, who died in 2003 at Abu Ghraib prison (see Between 4:30 a.m. and 5:30 a.m. November 4, 2003) after being captured by a team of Navy SEALs. Prosecutors believe he received his fatal injuries from his captors, but lawyers for the SEALs deny the charge. During President Bush’s tenure, the Justice Department responded to inquiries about the incidents from Democratic lawmakers with little more than summaries of the numbers of cases under scrutiny, and provided virtually no details about individual cases or explanations as to why the department chose not to prosecute. [New York Times, 8/24/2009]
Sonia Sotomayor, left, is sworn in as a Supreme Court Justice by Chief Justice John Roberts, right. Her mother, Celina Sotomayor, and her brother, Juan Luis Sotomayor, look on. [Source: New York Times]The US Senate confirms Judge Sonia Sotomayor (see May 26, 2009) as Supreme Court Justice in a 68-31 vote. Nine Republicans and 59 Democrats vote for her confirmation (four of the Republicans who voted to confirm her are retiring from the Senate after the completion of their terms, and will not face questions about their vote during re-election battles). Senator Ted Kennedy (D-MA), who supports Sotomayor, did not vote due to illness. Sotomayor will be sworn in by Chief Justice John Roberts on August 8. President Obama says he is “deeply gratified” by the Senate vote, and adds, “This is a wonderful day for Judge Sotomayor and her family, but I also think it’s a wonderful day for America.” Senator Patrick Leahy closed the final day of debate over Sotomayor’s confirmation by saying: “It is distinctively American to continually refine our union, moving us closer to our ideals. Our union is not yet perfected, but with this confirmation, we will be making progress.… Years from now, we will remember this time, when we crossed paths with the quintessentially American journey of Sonia Sotomayor, and when our nation took another step forward through this historic confirmation process.” At a watch party in the Washington Court Hotel, when the final tally is announced, supporters begin chanting, “Si, se puerde,” the Spanish translation of the 2008 Obama campaign slogan of “Yes, we can.” [CNN, 8/6/2009; New York Times, 8/6/2009]
The influential conservative blog HotAir promotes tea party activist Kenneth Gladney’s tale of being “savagely beaten” by “union thugs” during a recent town hall forum in St. Louis (see August 6-8, 2009 and August 8, 2009). Blogger Ed Morrissey writes of Gladney’s claims: “Pay attention, America. This is a glimpse into the next three years of the Obama administration, at least using the same logic by which the Left accuses health care reform opponents of ‘astroturfing.’ If its policies get organized opposition, especially at events designed to allow for public debate, purple-shirted thugs will appear to crack heads and scare off the opposition. And if nothing else, it’s a great look at how the unions will act once the secret ballot gets eliminated from organizing elections.” [Ed Morrissey, 8/7/2009] HotAir’s Patrick Ishmael posts an update later in the day giving more details about Gladney’s “brutal” “beating.” [Patrick Ishmael, 8/7/2009] Misdemeanor assault charges will be filed against two union members (see Late November, 2009); both will be found innocent of any wrongdoing (see July 12, 2011). The only person injured in the altercation was one of the union members (see Mid-August, 2009), though Gladney falsely claimed to have suffered severe injuries.
Columnist Mary Katharine Ham of the Weekly Standard reports on a recent altercation at a town hall forum in St. Louis, where tea party activist Kenneth Gladney has charged he was “savagely beaten” by “union thugs” for selling anti-Obama merchandise (see August 6-8, 2009 and August 8, 2009). Ham writes that the Gladney altercation has been twisted “by liberals looking to paint the violence as caused by critics of the administration.” According to a conversation with Gladney’s lawyer David Brown, who claims to have witnessed the altercation, a member of the Service Employees International Union (SEIU) approached Gladney and called him a “n_gger.” Then, according to Brown: “Kenneth didn’t say anything to the guy. Before Kenneth could even say anything or act in any way shape or form, the SEIU representative punched him in the face. He went to the ground. Subsequently, two other SEIU representatives or members, however you want to say it, jumped on top of him, yelled racial epithets at him… kicked him, punched him.” Gladney has claimed being kicked by a woman as well, but Brown says he did not witness that. Gladney subsequently went to the hospital, and will begin making appearances on Fox News and at other tea party events in a wheelchair. “He sustained some injuries to his back, some bruising,” Brown says. Ham includes a video of the altercation, which as Media Matters columnist Eric Boehlert writes, “pretty much undercuts the entire tale of run-away union violence.” Boehlert writes: “Go watch the YouTube video.… The first thing you notice when the camera starts rolling is a union member already sprawled out on the ground with somebody standing over him. No explanation of how he got there (pushed, shoved, punched?) and Ham couldn’t care less. Then yes, Gladney is pulled to the ground by somebody wearing a union shirt. (At the :06 mark.) But instead of Gladney being beaten and punched, as his attorney describes, and instead of union ‘thugs’ standing over him and threatening him, Gladney bounces right back on his feet in approximately two seconds and the scuffle ends. That was the savage ‘beating’ the conservative blogosphere can’t stop talking about? The only real mystery from the incident is why Tea Party member Gladney, who’s seen up-close after the brief encounter walking around and talking to people and who appears to be injury-free, then decided to go to the hospital to treat injuries to his ‘knee, back, elbow, shoulder, and face.’ All that from a two-second fall to the pavement? Also unclear is why he contacted a newspaper reporter, or why his attorney wrote up lavish accounts and sent them to conservative bloggers, or why Gladney and his attorney appeared on Fox News.” [Weekly Standard, 8/7/2009; Media Matters, 8/8/2009] Misdemeanor assault charges will be filed against two union members (see Late November, 2009); both will be found innocent of any wrongdoing (see July 12, 2011). The only person injured in the altercation was one of the union members (see Mid-August, 2009), though Gladney falsely claimed to have suffered severe injuries in the altercation.
Some of the material posted by Judge Head. [Source: Think Progress]Lubbock County, Texas, officials remove posters displayed in the county courthouse by Judge Tom Head that display anti-Obama and racist content. Head’s posters depict nine alleged criminals, all wearing T-shirts displaying the Obama campaign logo; one contains racial stereotyping of Obama supporters. That one is a printout of a short, fictional narrative of a person contemplating waking up, putting on an Obama T-shirt, and then abusing drugs, robbing a store, and hitting his wife. The mug shots are of mostly African-American men wearing Obama T-shirts, with a note claiming no criminal had ever been photographed wearing Republican-leaning T-shirts. Head says his intent was merely to spark conversation about issues. “Nobody’s ever said anything to me, personally,” he says. “Apparently it’s performing its task now, because somebody got emotional about it.” Head says he has been posting socially and politically conservative material to the bulletin board for years, with the intention of stirring up discussion with those who disagree with him. “It seemed like a good thing to put on the board to try and get people talking to one another,” he says. “I don’t consider it racist. I still don’t.” [Lubbock Avalanche-Journal, 8/8/2009] The poster apparently originated on a conservative Web site. [Think Progress, 8/11/2009]
Johnny Isakson. [Source: Washington Post]Senator Johnny Isakson (R-GA), one of the foremost advocates of expanding Medicare’s end-of-life planning coverage, responds sharply to suggestions by former Alaska Governor Sarah Palin (R-AK) and others that the Democrats’ health care reform proposal would create “death panels” for the forcible euthanasia of citizens deemed “less productive” or “undesirable” (see August 7, 2009). Isakson, who co-sponsored the 2007 Medicare End-of-Life Planning Act and has proposed a similar amendment to the House’s language in the Senate version of the health care bill, notes that the bill would lead to the funding of voluntary end-of-life counseling sessions between doctors and their patients, and would allow patients to choose the level of care they would receive as their lives come to a close (see July 23, 2009 and July 23, 2009). He calls Palin’s interpretation of the legislation “nuts.” Isakson says: “In the health care debate mark-up, one of the things I talked about was that the most money spent on anyone is spent usually in the last 60 days of life and that’s because an individual is not in a capacity to make decisions for themselves. So rather than getting into a situation where the government makes those decisions, if everyone had an end-of-life directive or what we call in Georgia ‘durable power of attorney,’ you could instruct at a time of sound mind and body what you want to happen in an event where you were in difficult circumstances where you’re unable to make those decisions. This has been an issue for 35 years. All 50 states now have either durable powers of attorney or end-of-life directives and it’s to protect children or a spouse from being put into a situation where they have to make a terrible decision as well as physicians from being put into a position where they have to practice defensive medicine because of the trial lawyers. It’s just better for an individual to be able to clearly delineate what they want done in various sets of circumstances at the end of their life.… It empowers you to be able to make decisions at a difficult time rather than having the government making them for you.” He says he has no idea how Palin and others have become “so mixed up” on the concept. [Washington Post, 8/10/2009] Liberal news and advocacy Web site Think Progress notes that another Republican senator, Susan Collins (R-ME), supports a similar provision to Isakson’s amendment. [Think Progress, 8/11/2009] The Washington Monthly’s Steve Benen notes that Isakson is a “deep-dyed” conservative, and writes, “Assorted wingnuts and teabaggers may not believe the administration, Democrats, objective news sources, or the plain black-and-white text of the legislation, but they should at least be willing to consider reality from one of the Senate’s most conservative members.” [Washington Monthly, 8/11/2009]
Andrew Breitbart. [Source: Media Bistro (.com)]Conservative activist and blogger Andrew Breitbart uses recent allegations by St. Louis tea party activist Kenneth Gladney to attack the Obama administration, the “liberal” media, and others. Gladney claims to have been “savagely beaten” by “union thugs” during a recent town hall forum in St. Louis (see August 6-8, 2009 and August 8, 2009). Gladney is “under fire” from what Breitbart calls “the Democrat-Media Complex (the natural coalition of the Democratic Party and the mainstream media)”; CNN’s Anderson Cooper, MSNBC’s Rachel Maddow and Keith Olbermann, and others, Breitbart writes, have “led the charge” in attacking tea party members, who they derisively call “tea baggers,” a term Breitbart says tea party members find offensive. The media, along with many Congressional Democrats, are working in collusion to deride and delegitimize the tea parties, Breitbart says. Breitbart turns to the Gladney incident, saying that Gladney was “viciously attacked” by “Service Employees International Union (SEIU) members,” one of whom called him a “n_gger,” Breitbart alleges. “These union thugs were directed by the White House to go to the protests and ‘punch back twice as hard,’” Breitbart continues, “[a]nd they did.” Only Fox News is reporting the Gladney story, Breitbart claims, while the “liberal media” resolutely ignores it. He concludes: “With the Democratic Party in control of all branches of government and the Fourth Estate acting as the Democratic Party’s protector, the tea party movement is the closest thing America has to checks and balances. If that isn’t enough to motivate you, perhaps showing your solidarity with Kenneth Gladney, a fellow patriot, is.” [Washington Times, 8/10/2009] Misdemeanor assault charges will be filed against two union members (see Late November, 2009); both will be found innocent of any wrongdoing (see July 12, 2011). The only person injured in the altercation was one of the union members (see Mid-August, 2009), though Gladney falsely claimed to have suffered severe injuries.
Protester William Kostric, bearing his sign and wearing a gun strapped to his leg. [Source: London Daily Mail]President Obama holds a “town hall” meeting in Portsmouth, New Hampshire, to discuss health care. Although the audience is allowed to attend on a first-come first-served basis, it is comprised mostly of health care reform supporters. During the event, Obama repeatedly solicits questions from skeptics of his health care plan, telling the audience, “I don’t want people thinking I have a bunch of plants in here.” In his remarks, Obama addresses what he calls some of the “wild misrepresentations that bear no resemblance to what’s in the [reform] bill.” He says for years, patients have been “held hostage” by insurance companies, and adds that “for all the scare tactics out there, what is truly scary” and risky would be the status quo, such as projections that Medicare will be in the red within five years. [ABC News, 8/11/2009; Think Progress, 8/11/2009] Seventy percent of the participants in the town hall were chosen in a random, online lottery, without consideration of political affiliation. The questions Obama answers are not prescreened. [MSNBC, 8/12/2009]
Debunking 'Death Panels' - Obama opens by saying: “I do hope that we will talk with each other and not over each other. Where we do disagree, let’s disagree over things that are real, not these wild misrepresentations that bear no resemblance to anything that’s actually been proposed.… Because the way politics works sometimes is that people who want to keep things the way they are will try to scare the heck out of folks. And they’ll create boogeymen out there that just aren’t real.” [MSNBC, 8/12/2009] Obama notes the claim of so-called “death panels that will pull the plug on Grandma,” directly referring to former Governor Sarah Palin (R-AK)‘s recent claim that the Democrats intend to create “death panels” that would decide who lives and dies (see August 7, 2009). Obama responds: “[I]t turns out that this, I guess, rose out of a provision in one of the House bills that allowed Medicare to reimburse people for consultations about end-of-life care,” as well as living wills, hospice care, and the like. The “intention” is to help patients prepare for “end of life on their own terms.” Ironically, Obama adds, one of the chief sponsors of this idea is a Republican, Senator Johnny Isakson (R-GA), who “sensibly thought this would expand people’s options.” (Isakson takes issue with being identified as a sponsor of “end-of-life” counseling—see August 11, 2009). Obama says that beneath the false claims of “death panels” exists a real concern: “if we are reforming the health system to make it more efficient that somehow that will mean rationing of care.” He gives an example of such a concern: “some bureaucrat” saying “You can’t have this test, you can’t have this procedure” because “some bean counter” says so. This will not be the case, Obama says. The reform package would ensure that doctors and patients, not bureaucrats, make such decisions. He notes that insurance company bureaucrats “right now are rationing care.… So why is it that people would prefer having insurance companies making those decisions rather than medical experts and doctors figuring out what are good deals for care?” Obama tells his listeners: “I want to be very clear” about the “underlying fear that people won’t get the care they need. You will have the care you need, but also care that is being denied to you right now—that is what we are fighting for.” [ABC News, 8/11/2009; Think Progress, 8/11/2009]
Countering Claims of 'Enemies List' - Obama also counters recent claims that the White House is attempting to compile a list of “enemies” in asking that emails containing “fishy” health care information be forwarded to it. “Can I just say this is another example of how the media just ends up completely distorting what’s taking place?” he says. “What we’ve said is that if somebody has—if you get an email from somebody that says, for example, ‘ObamaCare is creating a death panel,’ forward us the email and we will answer the question that is being raised in the email. Suddenly, on some of these news outlets, this is being portrayed as Obama collecting an enemies list. Now, come on guys, here I am trying to be responsive to questions that are being raised out there—and I just want to be clear that all we’re trying to do is answer questions.” In recent days, Senator John Cornyn (R-TX) claimed that the White House “want[s] information on opponents of its health care plan.” [Think Progress, 8/11/2009]
Advocating Violence outside the Venue - Outside the venue, a man, William Kostric, stands in the crowd with a gun strapped to his leg. Under New Hampshire law, he is within his rights to openly carry a handgun. He carries a sign that reads, “It is time to water the tree of liberty.” MSNBC host Rachel Maddow notes: “It’s a reference, of course, to Thomas Jefferson’s famous words, ‘The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.’ For perspective on the implication of Jefferson’s words in this context being quoted by the guy with the gun at the event as which the president was speaking, when Timothy McVeigh was arrested 90 minutes after the Oklahoma City bombing, he was wearing a t-shirt with that slogan and a picture of Abraham Lincoln on the front and a tree dripping with blood in the back” (see 9:03 a.m. -- 10:17 a.m. April 19, 1995). Maddow later notes that McVeigh’s shirt bore the words “Sic Semper Tyrannis”—“thus always to tyrants”—the words shouted by Lincoln’s assassin after firing the fatal shot. Another anti-reform protester, Richard Terry Young, is arrested by security officials after sneaking inside the building hours before Obama arrives. He is carrying a knife on his person and a .38 caliber semi-automatic pistol in his truck with a round in the chamber. A number of anti-reform protesters from the New Hampshire Republican Volunteer Coalition also stage a protest outside the event. One advocates murdering all undocumented immigrants: “Why are we bankrupting this country for 21 million illegals who should be sent on the first bus one way back from wherever they come from? We don’t need illegals. Send them home once. Send them home with a bullet in their head the second time. Read what Jefferson said about the Tree of Liberty—it’s coming, baby.” [Think Progress, 8/11/2009; MSNBC, 8/12/2009; MSNBC, 8/13/2009]
Entity Tags: William Kostric, Rachel Maddow, Medicare, New Hampshire Republican Volunteer Coalition, Barack Obama, John Cornyn, Johnny Isakson, Obama administration, Richard Terry Young
Timeline Tags: US Health Care, Domestic Propaganda, US Domestic Terrorism, 2010 Elections
Malcolm Nance, the former master instructor and chief of training at the Navy’s Survival Evasion Resistance and Escape (SERE) School who now serves as a consultant on counterterrorism and terrorism intelligence for the US government, makes a cogent point about “breaking” interrogation subjects. Nance is interviewed by MSNBC’s Rachel Maddow, who asks: “One of the other things that I think is a term that sort of gets bandied around by civilians who don’t have experience in these things when we talk about, not only the politics of interrogation, but also the utility of interrogation, is this idea of somebody being broken, a prisoner, the subject of an interrogation being a broken person. And that was described by political actors about interrogation techniques as sort of the goal, about what the idea was to—what the object was of what we wanted to be doing to al-Qaeda prisoners. Does breaking a person in interrogation terms make sense if what you’re trying to do is get real information out of them?” Nance replies, “The process of ‘breaking,’ quote-unquote, a prisoner is not something interrogators do. Interrogators really don’t want to break you down as a human being and take away all of your ability to think and reason and give a coherent answer. That was something that was developed by totalitarian and hostile regimes who saw that a confession is what they wanted out of you. They didn’t care whether you had done it or not. A confession is what they needed out of you, and to get that confession, what they would do is break you physically, psychologically, and mentally so that you could get into a state of learned helplessness and you would comply no matter what they would say. Now, this killed hundreds, if not thousands, of American service members in Korea, World War II, and Vietnam. And this is not something which any real interrogator would want to try because, of course, at that point, you are not getting information. You are just getting compliance. And any idiot can comply and that makes no intelligence whatsoever.” Nance and Maddow note that former SERE psychologists Bruce Jessen and James Mitchell, the two SERE psychologists who designed the US torture program (see Late 2001-Mid-March 2002, January 2002 and After, Late March through Early June, 2002, April - June 2002, Mid-April 2002, April 16, 2002, Between Mid-April and Mid-May 2002, Mid-May 2002 and After, June 2002, July 2002, April 2009, and April 30, 2009), were experienced in the methodologies of “breaking” prisoners and not in extracting useful information. [MSNBC, 8/13/2009]
The Service Employees International Union (SEIU) issues a “fact check” press release attempting to debunk what it calls the “falsehoods” surrounding recent allegations that two of its members “savagely beat” tea party activist Kenneth Gladney during a recent town hall in St. Louis (see August 6-8, 2009 and August 8, 2009). According to the SEIU, Gladney was not the victim of any assault; instead, SEIU member Elston McCowan, a disabled minister, was assaulted, presumably by Gladney. The video documenting the incident begins with McCowan already on the ground and clutching his shoulder. McCowan suffered a chipped bone and dislocated shoulder during the assault. Gladney, who later claimed to have suffered injuries to most of his body, is only seen being pushed to the ground by another union member, presumably coming to the defense of McCowan. Allegations that Gladney was beaten and kicked by multiple union members are not supported by the video. Some media reports alleged that Gladney was “rushed to the hospital” after the attack; in reality, Gladney, who was pushed to the ground during the incident, leapt to his feet and began walking around the event talking to others and even conducting live television interviews. He also took part in a live television interview after the town hall. Gladney later took himself to the hospital, where he alleged he suffered injuries to his “knee, back, elbow, shoulder, and face.” Two days later, Gladney made television appearances while “confined” to a wheelchair and “under heavy medication,” according to his lawyer. Gladney told people at the event and afterwards that he had no health insurance and could not afford to have his “injuries” properly treated; that was a lie refuted by his own lawyer, David Brown, who later admitted Gladney has coverage through his wife. Gladney has repeatedly insisted that he has no ties to the tea party movement and that he was at the town hall selling anti-Obama buttons merely as a part-time job. However, Gladney and Brown are both tea party activists. In February, Brown formed an LLC in Missouri called “The Political Mint” that has publicized its efforts to raise funds for tea party groups. Gladney has also been involved in tea party activities. [Service Employees International Union, 8/2009] Misdemeanor assault charges will be filed against McCowan and another union member; both will be found innocent of any wrongdoing (see July 12, 2011).
After today’s media reports that a man armed with an automatic rifle patrolled back and forth in front of the venue where President Obama gave a speech on health care reform (see August 17, 2009), MSNBC progressive host Rachel Maddow interviews former Secret Service agent Joseph Petro, a 23-year veteran of the force. Maddow notes that aside from the man with the automatic weapon, about a dozen armed people were outside the venue in Phoenix today. Petro says the Secret Service does not routinely plan for this kind of situation, because “it’s not something the Secret Service often encounters.” He adds: “You know, the Secret Service is protecting [sic] presidents for a long time. And there are a whole series of processes and procedures that they go through to create perimeters. And each of those perimeters become more and more difficult to penetrate, up right to the end where the agents are actually around the president. But I think this is less a Secret Service issue and more as an issue for all of us. You know, you said a few days ago that the possibility of American politics turning to violence or terrorism at the fringe is not all that theoretical. I would argue that the vitriolic political rhetoric we’re hearing from some seemingly responsible people is stimulating a lot of these foolish stunts, and they’re not very helpful. And I think they’re dangerous actually. And I think they’re dangerous for two reasons. One is, it’s hard enough to protect the president. The Secret Service and the local police are being distracted from that—from that duty to keep our president safe. And I think the second reason, and maybe even more serious, is the fact that it could incite or encourage one of those individuals at the fringe that you mentioned, from doing something really dangerous and perhaps violent against the president or some other person. So, I think it’s—this is not a helpful situation and maybe the politicians should look at lowering some of the rhetoric to try to create a more positive atmosphere.” Petro again calls the display of firearms at a presidential event a “stunt” and “irresponsible.” Maddow goes further, calling it “an implied threat of force.” Petro notes: “It’s not in the Secret Service’s interest to have this kind of these theatrics going on around. Clearly, those people are not dangerous to the president at that moment. You know, they’re outside the building. They’re a block away or, you know, they’re not going to—they’re not an immediate danger to the president. But what they’re creating is an atmosphere that is—that could become dangerous for the president. And that’s what would concern me, and I’m sure it concerns the Secret Service.” [MSNBC, 8/18/2009]
According to ABC News, the Justice Department’s release of a 2004 report by the CIA’s inspector general (see May 7, 2004 and August 24, 2009) is preceded by a “profanity-laced screaming match” between CIA Director Leon Panetta and White House officials. This apparently produces disquiet among White House officials regarding Panetta. According to ABC News, some White House officials are “worrying about the direction of its newly-appoint[ed] intelligence team.” Some reports say that Panetta has already threatened to resign once, and White House officials are discussing “a possible shake-up of top national security officials.” According to one unnamed “senior adviser to [President] Obama on intelligence matters,” “You can expect a larger than normal turnover in the next year.” And another former senior intelligence official predicts, “Leon will be leaving.” But a White House spokesman, Denis McDonough, says the reports of Panetta’s threatened resignation and a potential “shake-up” of top intelligence and national security officials are “inaccurate.” Both Panetta and CIA spokesman George Little say reports of his threatened resignation are “absolutely untrue”; the spokesman says of the alleged tirade that Panetta is known to use “salty language.” Former counterterrorism specialist and current ABC News consultant Richard Clarke says: “It would be a shame if such as talented a Washington hand as Panetta were to leave after one year. It takes that long for any senior bureaucrat to begin to understand what needs to get done and how to do it. The CIA needs some stability.” [ABC News, 8/24/2009] Newsweek’s Mark Hosenball says that Panetta has been sending mixed messages. “Panetta had been kind of ambiguous, at least in terms of his public statements and even his private messages, as to whether he’s strongly opposed to release of documents like this or not,” he says. “Some cases it’s looked like he’s been in favor of releasing documents like this; in other cases, it’s looked like he’s been against it. I think he’s trying to straddle the issue here. I mean, certainly, previous CIA directors like General Mike Hayden and George Tenet have strongly expressed the view that this stuff shouldn’t have been released. Panetta hasn’t been quite as strong in saying that publicly, anyway.” [PBS, 8/24/2009]
The Republican National Committee (RNC) releases a memo entitled “CIA IG Report Confirms Effectiveness of CIA Interrogation Program.” The memo is in response to the release of a 2004 CIA report detailing numerous instances of torture and abuse against detainees by CIA interrogators and contractors (see August 24, 2009). The RNC memo asserts that, far from detailing potential crimes and abuses, the report proves that the CIA’s “enhanced interrogation” program was effective in garnering critical intelligence from detainees. The memo reads in part: “Media coverage [of the report] seems to imply that CIA interrogators were constantly going beyond programmatic guidance, where the IG report found the reality to be that ‘there were few instances of deviations from approved procedures.‘… Additionally, the media today has latched on to the use of a gun in an interrogation, without usually reporting the other important element of that salacious story, which is that the interrogator was promptly disciplined for his actions.… Similarly going unreported today is that the release of the IG report should finally put to rest claims that the CIA interrogation program was not effective and did not produce actionable intelligence.” The memo notes that in the report, “[a]gency senior managers believe that lives have been saved as a result of the capture and interrogation of terrorists who were planning attacks, in particular, Khalid Shaikh Mohammed, Abu Zubaida, Hambali, and [Abd al-Rahim a]l-Nashiri.” In the report, an unidentified senior CIA official called the program “an absolute success.” [Weekly Standard, 8/24/2009] The RNC statement is contemporaneous with a similar statement from former Vice President Dick Cheney (see August 24, 2009).
Former Vice President Dick Cheney releases a statement that asserts the just-released CIA inspector general’s report (see August 24, 2009) proves that torture, which he refers to as “enhanced interrogation techniques,” works, and follows up with an attack on the Obama administration’s commitment to protecting the nation. Cheney writes: “The documents released Monday clearly demonstrate that the individuals subjected to enhanced interrogation techniques provided the bulk of intelligence we gained about al-Qaeda. This intelligence saved lives and prevented terrorist attacks. These detainees also, according to the documents, played a role in nearly every capture of al-Qaeda members and associates since 2002. The activities of the CIA in carrying out the policies of the Bush administration were directly responsible for defeating all efforts by al-Qaeda to launch further mass casualty attacks against the United States. The people involved deserve our gratitude. They do not deserve to be the targets of political investigations or prosecutions. President Obama’s decision to allow the Justice Department to investigate and possibly prosecute CIA personnel (see First Half of August 2009), and his decision to remove authority for interrogation from the CIA to the White House (see August 24, 2009), serves as a reminder, if any were needed, of why so many Americans have doubts about this administration’s ability to be responsible for our nation’s security.” [Weekly Standard, 8/24/2009; Washington Independent, 8/24/2009] Cheney’s statement is contemporaneous with a similar statement from the Republican National Committee (see August 24, 2009).
Disputing Cheney's Assessment - A Democratic official disputes the assertions, saying that the report provides no basis to conclude that torture was effective in eliciting actionable intelligence, and cites caveats in the body of the report. [Politico, 8/25/2009] And the New York Times notes that the memos “do not refer to any specific interrogation methods and do not assess their effectiveness.” [New York Times, 8/24/2009]
'Silly Semantic Game' - Reporter and columnist Spencer Ackerman notes that the memos seem to suggest that the most useful intelligence came from traditional intelligence techniques. He writes, “Cheney’s public account of these documents have conflated the difference between information acquired from detainees, which the documents present, and information acquired from detainees through the enhanced interrogation program, which they don’t.” Human rights organizations take a similar line. Gitanjali Gutierrez of the Center for Constitutional Rights says the documents “don’t make the case for torture, they only show that the CIA is able to tailor documents to justify its actions after the fact.” Tom Parker of Amnesty International notes that the memos “are hardly the slam dunk we had been led to expect. There is little or no supporting evidence in either memo to give substance to the specific claims about impending attacks made by Khalid Shaikh Mohammed in highly coercive circumstances.” [Washington Independent, 8/24/2009; TPM Muckraker, 8/25/2009] Reporter Zachary Roth calls Cheney’s claim a “silly semantic game.” While it is true that the US gained actionable intelligence from detainees who were tortured, Roth observes, “it’s totally different from Cheney’s earlier claim—that the documents would show it was the EITs themselves that elicited the information.” [TPM Muckraker, 8/25/2009]
Entity Tags: Barack Obama, Bush administration (43), Obama administration, Central Intelligence Agency, New York Times, Gitanjali Gutierrez, Al-Qaeda, Khalid Shaikh Mohammed, Zachary Roth, Republican National Committee, Richard (“Dick”) Cheney, Tom Parker, Spencer Ackerman
Timeline Tags: Torture of US Captives
The Obama administration says it intends to continue the Bush administration policy of extraordinary rendition. The announcement comes from President Obama’s Interrogation and Transfer Policy Task Force, and is apparently intended to help offset the impact of the release of a long-withheld report by the CIA inspector general that provides new details about the brutal tactics used by the CIA in interrogating terrorism detainees (see August 24, 2009). As a candidate for the presidency, Obama had signaled that he would discontinue the practice. In a 2007 article for the magazine Foreign Affairs, he said the US must end “the practices of shipping away prisoners in the dead of night to be tortured in far-off countries, of detaining thousands without charge or trial, of maintaining a network of secret prisons to jail people beyond the reach of the law.” One of Obama’s first actions as president was to order the closure of secret CIA prisons (see January 22, 2009). Senior Obama advisers say this administration’s rendition policy is different from the Bush administration’s because the State Department will have a larger role in assuring that transferred prisoners will not be abused. “The emphasis will be on ensuring that individuals will not face torture if they are sent overseas,” one administration official says, and adds that detainees will not be sent to countries known to conduct abusive interrogations. Nevertheless, the decision is sharply criticized by human rights advocacy groups, who say that the administration will continue to send prisoners to countries that torture, and so-called “diplomatic reassurances” from those countries are meaningless. “It is extremely disappointing that the Obama administration is continuing the Bush administration practice of relying on diplomatic assurances, which have been proven completely ineffective in preventing torture,” says the American Civil Liberties Union’s Amrit Singh. Singh cites the case of detainee Maher Arar (see October 7, 2002), who was renditioned to Syria and tortured even though Syrian officials assured Bush administration officials that they would not use such techniques against him. Singh also notes that the previously used method of ensuring compliance—monitoring via visits from Americans or allied consular officials—has proven entirely ineffective. For example, Arar was visited several times by a Canadian consular official, but was too frightened to tell the official that he was being abused. Some human rights advocates believe that Obama is continuing the rendition policy in order to avoid having to admit Guantanamo detainees to US prisons after that facility is closed. [New York Times, 8/25/2009; MSNBC, 8/25/2009]
The White House announces the formation of a new unit to question “high-value” terrorism suspects. The unit is called the High-Value Detainee Interrogation Group (HIG). It operates out of the FBI, but is overseen by the National Security Council; this structure removes the CIA as the primary interrogators of high-level detainees and gives the White House direct oversight. According to author and reporter David Ignatius, the HIG will be composed of small groups of “special interrogation experts” sent out to interrogate certain detainees. [PBS, 8/24/2009] Administration officials say all interrogations overseen by the HIG will comply with guidelines contained in the Army Field Manual, which prohibits the use of physical force. The group will study other interrogation methods, however, and may add additional noncoercive methods in the future. Tom Malinkowski of the organization Human Rights Watch says the new interrogation policy represents a significant step toward more humane treatment, though he wants stricter limits on rendition (see August 24, 2009]). Overall, Malinkowski says the Obama administration’s approach to counterterrorism issues is strong, noting that the government has now adopted “some of the most transparent rules against abuse of any democratic country.” [New York Times, 8/25/2009]
De-Emphasizing CIA's Role in Interrogations - Author and reporter Jane Mayer observes: “[T]o to some extent, this is bringing the CIA back to its earlier role traditionally, before 9/11, but still it’s taking authority away from the CIA. It’s also—the new rules for interrogation are going to make the CIA use only techniques that are allowed for the military. They’re not going to have any special dispensation to do enhanced interrogation techniques, so you’re basically seeing them kind of knocked down to just having to act like everybody else.” Ignatius adds: “My conversations today with the people who know the CIA tells me that the feeling out there is kind of, ‘Let this cup pass from our lips.’ You know, they are sick of this interrogation issue. They were in many cases reluctant to get into it in the first place. This has been a nightmare for them. Careers have been destroyed. Officers feel like their lives have been wrecked. And I think the career people there say, ‘Fine, you know, if the FBI wants to do this, let them have it.‘… [T]he only thing that worries me is putting it so directly under the White House, having the White House running interrogation programs, that seems a little odd to me.” [PBS, 8/24/2009] CIA spokesman Paul Gimigliano says that the agency will continue to be involved in interrogations. “The CIA took active part in the work of the task force, and the agency’s strong counterterrorism knowledge will be key to the conduct of future debriefings,” he says. “That won’t change.” [New York Times, 8/25/2009]
Worries that Obama Administration May be Taking Too Much Power for Itself - MSNBC’s Alison Stewart says the decision “might cause involuntary eyebrow-raising among people who thought the Bush administration gave itself too much power in these matters.” Senator Sheldon Whitehouse (D-RI) supports the decision, saying that “it brings for the first time… a very rigorous and serious overview to our interrogation of high-value detainees. If you set aside all of the spin and all of the nonsense that you heard out of the top layers of the Bush administration, what you really saw was—for a lot of these high-value detainees, you saw very amateurish investigation by people who knew nothing about al-Qaeda, who knew nothing about interrogation, who had familiarity with antique techniques that were used by brutal tyrant regimes for propaganda purposes not for intelligence gathering purposes, and were put for reasons that are still not adequately explained into high value interrogations. We know from testimony before the Senate Judiciary Committee that at least one very productive investigation was interrupted and probably ruined by the intervention of these amateurish and brutal techniques into an investigation—an interrogation that was generating absolutely first-class interrogation for our country.” Whitehouse does not identify the subject of that “productive interrogation,” but he could be referring to the interrogation of Abu Zubaida (see March 28, 2002). [MSNBC, 8/25/2009]
Entity Tags: Alison Stewart, High-Value Detainee Interrogation Group, Federal Bureau of Investigation, Central Intelligence Agency, David Ignatius, Tom Malinkowski, Sheldon Whitehouse, Jane Mayer, National Security Council, Paul Gimigliano, Obama administration
Timeline Tags: Torture of US Captives
The CIA, apparently in response to the Justice Department’s release of a 2004 CIA report that documents numerous instances of torture and abuse of detainees in US custody (see August 24, 2009), releases two previously classified agency reports from 2004 and 2005 that purport to prove that the agency’s “enhanced interrogation” program provided information necessary for stopping terrorist attacks. One report calls the program “a crucial pillar of US counterterrorism efforts,” and describes how interrogations helped unravel a network headed by an Indonesian terrorist known as Hambali (see August 12, 2003). The other report details information elicited from alleged 9/11 mastermind Khalid Shaikh Mohammed, saying it “dramatically expanded our universe of knowledge on al-Qaeda’s plots.” [New York Times, 8/24/2009] The two memos state that some detainees, particularly Khalid Shaikh Mohammed, provided useful information during debriefing sessions. One memo, titled “Detainee Reporting Pivotal for the War against Al-Qa’ida,” says that intelligence gathered from multiple detainees, combined with other information, led to the capture of several key al-Qaeda operatives, and aided in the capture of Tawfiq bin Attash (see April 29 - Mid-May, 2003), who “was captured on the verge of mounting attacks against the US consulate in Karachi, Westerners at the Karachi Airport, and Western housing areas” in Pakistan. Another report says that Mohammed “has provided information on al-Qaeda strategic doctrine, probable targets, the impact of striking each target set, and likely methods of attacks inside the United States.” They do not, however, say that Mohammed or other detainees provided useful information as a direct result of being tortured. [Washington Independent, 8/24/2009; Washington Post, 8/24/2009; TPM Muckraker, 8/25/2009]
Cheney Claims Memos Prove Efficacy of Torture - The memos have been touted by former Vice President Dick Cheney as proving the efficacy of “enhanced interrogation techniques”—torture—in gaining actionable intelligence from detainees. Cheney has repeatedly asked for the memos to be declassified so as to prove his contention. In the wake of the memos’ release, Cheney claims that the memos do indeed prove that torture worked. “The documents released Monday,” Cheney says in a statement, “clearly demonstrate that the individuals subjected to enhanced interrogation techniques provided the bulk of intelligence we gained about al-Qaeda” (see August 24, 2009). [Weekly Standard, 8/24/2009] However, the New York Times notes that the memos “do not refer to any specific interrogation methods and do not assess their effectiveness.” [New York Times, 8/24/2009]
CIA Director: Memos 'Old News' - CIA Director Leon Panetta sends a message to agency employees concerning the release of the two memos, calling their contents “in many ways an old story,” and says that “the challenge is not the battles of yesterday, but those of today and tomorrow. My emphasis on the future comes with a clear recognition that our agency takes seriously proper accountability for the past.… As the intelligence service of a democracy, that’s an important part of who we are.” [Washington Post, 8/24/2009]
Cover of CIA OIG report, with redactions. [Source: CIA / New York Times]A 2004 report by the CIA’s inspector general (IG) on torture (see May 7, 2004) is released to the public, after months of speculation as to its contents. The CIA opposed the release of the report for years, arguing that the release would demoralize its personnel and make it more difficult for the agency to do its job. The report’s release is triggered by a federal judge’s ruling in response to a lawsuit filed by the American Civil Liberties Union (ACLU). The report, authored by former Inspector General John Helgerson, is heavily redacted, but the portions released to the public include a number of illegal and ethically questionable tactics used by US interrogators against detainees. Some of those tactics include the use of handguns, power drills, threats, smoke, and mock executions. Many of the techniques used against detainees were carried out without authorization from higher officials, and the Justice Department is reopening investigations into a number of the most serious allegations (see First Half of August 2009). The report says that the CIA’s efforts to provide “systematic, clear, and timely guidance” to interrogators were “inadequate at first” and that that failure largely coincided with the most significant incidents involving the unauthorized coercion of detainees, but as guidelines from the Justice Department accumulated over several years, oversight “improved considerably.” In the words of the Washington Post, “the report pointed to ongoing tensions between interrogators in the field and officials at the CIA Counterterrorism Center as to when detainees were compliant and when the use of ‘enhanced interrogation techniques’ was appropriate.” [MSNBC, 8/24/2009; Washington Post, 8/24/2009] In a statement, Helgerson says, “The most important findings of the review related to basic systemic issues: had management controls been established; were necessary laws, regulations, and guidelines in place and understood; had staff officers and contractors been adequately trained; and had they discharged their responsibilities properly?” [Washington Post, 8/24/2009] Newsweek reporter Michael Isikoff says that the “report was generated at the beginning by agency officials within themselves who had deep concerns about what was going on. I was struck. One officer is quoted in this report saying that he’s concerned that he might one day—agency officers might one day end up on some ‘wanted list’ to appear before the world court for war crimes stemming from these activities. It was agents—it was the concerns about this came from within the agency. That’s what generated this report.”
Recommendations Redacted - Isikoff notes that at least half of the report is redacted, including the IG’s recommendations, and says, “I’m told the worst stuff is in those blacked out passages, which means we still don’t know the full story of this program.” [MSNBC, 8/25/2009] The report contains 10 recommendations for action on the CIA’s part, but all of them are redacted. [McClatchy, 8/24/2009] Helgerson states his regret that so much of the report is redacted. “The essence of the report is expressed in the Conclusions and Recommendations,” he says. “I am disappointed that the government did not release even a redacted version of the Recommendations, which described a number of corrective actions that needed to be taken.” [Washington Post, 8/24/2009] Isikoff’s Newsweek colleague, Mark Hosenball, says he believes much of the redacted information has to do with “renditions”: detainees transferred to foreign countries “and abused there.” [PBS, 8/24/2009]
Detailing 'Crime Scene[s]' - Author and reporter Jane Mayer says she believes the report, “in essence, [details] a crime scene. It’s very hard to get away from the fact that things like death threats and mock executions are specifically identified as torture under the Convention Against Torture and, therefore, are illegal, and they’re considered very major crimes. So the problem for the Obama administration, which inherited this report and the question about what to do about it, is that it’s a red flag to any prosecutor. It’s very hard to ignore this, when you’ve taken an oath of office that says you’re going to execute the laws and uphold the Constitution. So they’ve got to somehow do something with this. I was interviewing Larry [Laurence] Tribe, a law professor, who said, you know, it’s hard to do nothing about this when you see it.” Reporter David Ignatius notes that an earlier review by Justice Department prosecutors found that no one at the CIA could be prosecuted for crimes based on the findings of the report. However, that may no longer be true. “[I]t is interesting and troubling to people at the CIA that something that was already decided not prosecutable is now maybe prosecutable,” he says. Mayer notes that during the Bush administration, possible prosecutions were short-circuited by political appointees such as then-US Attorney Paul McNulty, “who was very much a political player, who actually wound up having to resign later in the Bush administration for other political problems.” [PBS, 8/24/2009]
Federal Prosecutor Appointed - In part as a result of reviewing the CIA report, Attorney General Eric Holder names a special prosecutor to determine if the CIA or its hired contractors broke any laws in interrogating detainees (see August 24, 2009).
Reactions - CIA Director Leon Panetta issues a statement that supports the agency’s efforts while avoiding defending torture or abuse. In his statement, Panetta writes that he is not “eager to enter the debate, already politicized, over the ultimate utility of the agency’s past detention and interrogation effort.” He says the program produced crucial intelligence but adds that use of the harsh methods “will remain a legitimate area of dispute.” Overall, Panetta says, the agency is committed to “moving forward” and not spending large amounts of time reflecting on past practices. Senator Sheldon Whitehouse (D-RI) calls the report, and the concurrent appointment of special prosecutor John Durham to investigate torture allegations (see August 24, 2009), “a great relief, a great moment for America as a country.” He continues: “We’ve finally seen the rule of law brought forward in a way that it is clear and direct on this situation, which has been so sort of poisoned with personalities and politics and propaganda. It’s a first kind of clear, bright light, and I couldn’t be happier, couldn’t be more relieved.” [New York Times, 8/24/2009; Central Intelligence Agency, 8/24/2009; MSNBC, 8/25/2009] The ACLU’s Jameel Jaffer says, “The report underscores the need for a comprehensive criminal investigation that reaches not just the interrogators who exceeded authority but the senior officials who authorized torture and the Justice Department lawyers who facilitated it.” [Washington Post, 8/24/2009] Joanne Mariner, the terrorism and counterterrorism program director at Human Rights Watch, says: “The CIA inspector general’s report provides compelling official confirmation that the CIA committed serious crimes. A full criminal investigation into these crimes, and who authorized them, is absolutely necessary.” [Human Rights Watch, 8/24/2009]
Entity Tags: Jane Mayer, Central Intelligence Agency, Bush administration (43), John Durham, David Ignatius, Jameel Jaffer, Joanne Mariner, Eric Holder, US Department of Justice, American Civil Liberties Union, Paul J. McNulty, Sheldon Whitehouse, Laurence Tribe, John Helgerson, Mark Hosenball, Leon Panetta, National Counterterrorism Center, Obama administration, Michael Isikoff
Timeline Tags: Torture of US Captives
Attorney General Eric Holder announces he has appointed a federal prosecutor from Connecticut, John Durham, as a special prosecutor to investigate whether CIA interrogators broke any federal laws. [US Department of Justice, 8/24/2009; Washington Post, 8/25/2009]
Decision Stems from CIA IG Report - The investigation is preliminary in nature, and will decide whether a full investigation is warranted. Holder bases his decision in part on a just-released 2004 report on torture by the CIA’s inspector general (see August 24, 2009) and a Justice Department recommendation that there should be an investigation of about a dozen cases of possible abuse and torture from Iraq and Afghanistan (see First Half of August 2009). According to the conclusion of the CIA report: “The enhanced interrogation techniques used by the agency under the CTC [Counterterrorist Center] program are inconsistent with the public policy positions that the United States has taken regarding human rights. Unauthorized, improvised, inhumane, and undocumented detention and interrogation techniques were used.” [New York Times, 8/24/2009; MSNBC, 8/25/2009] The review is also prompted by a report by the Justice Department’s Office of Professional Responsibility (OPR) into memoranda drafted by the department’s Office of Legal Counsel related to “enhanced interrogation techniques.” The OPR report recommends the department re-examine previous decisions not to prosecute in some cases related to the interrogation of certain detainees. The aim of the preliminary review is to find whether federal offenses were committed in some detainee interrogations. [US Department of Justice, 8/24/2009] According to the Washington Post, the review will focus on “a very small number of cases,” including one in which a CIA officer named Zirbel caused Afghan prisoner Gul Rahman to freeze to death at the Salt Pit prison in Afghanistan (see November 20, 2002) and the intimidation of al-Qaeda leader Abd al-Rahim al-Nashiri by a CIA officer named “Albert” using a handgun and drill (see Between December 28, 2002 and January 1, 2003). These cases and the others were previously referred by the CIA inspector general to the Justice Department for examination, but the department decided not to prosecute (see (August 2004) and Mid-October 2005). [Washington Post, 9/19/2009; Associated Press, 9/7/2010]
Durham a Veteran Prosecutor - Durham has been investigating the CIA’s destruction of videotapes of interrogations that may have documented instances of torture (see January 2, 2008). Although Durham has a low public profile, he is a veteran of numerous high-level prosecutions, including cases against Boston-area organized crime figures, corrupt FBI agents, and former Governor John Rowland (R-CT). Durham is considered apolitical, and has worked closely with the Justice Department under both Democratic and Republican administrations. Connecticut defense lawyer Hugh Keefe calls him “the go-to guy for Justice whenever they get a hot case.” Former Connecticut prosecutor Mark Califano calls Durham’s approach to investigations “clinical,” and says he has “very rarely” concluded a case without bringing criminal charges. “He likes to make cases when there is evidence there,” Califano says. “You’ve got to balance whether that kind of information exists.… You can’t move forward if you don’t have the evidence.” [US Department of Justice, 8/24/2009; MSNBC, 8/25/2009; Washington Post, 8/25/2009] Boston prosecutors and defense attorneys have characterized Durham as “honest” and “tenacious.” Warren Bamford, who heads Boston’s FBI office, said Durham “kind of has blinders on in the sense that he doesn’t worry about the politics and all the other stuff that might be swirling around, and I think that’s really what makes him so successful.” [Boston Globe, 1/7/2008] In a statement, Holder says, “Mr. Durham, who is a career prosecutor with the Department of Justice and who has assembled a strong investigative team of experienced professionals, will recommend to me whether there is sufficient predication for a full investigation into whether the law was violated in connection with the interrogation of certain detainees.” [Think Progress, 8/24/2009]
Senator: Durham a 'First-Rate' Choice - Senator Sheldon Whitehouse (D-RI) is enthusiastic about the choice of Durham. He says he has worked with Durham before, while Whitehouse was US Attorney for Rhode Island, and calls the prosecutor “very professional” and “a first-rate choice,” adding that Durham has “a very good grounding in this because he has been doing the investigation into the destruction of the torture tapes.” [MSNBC, 8/25/2009]
No Acknowledged 'Break' with White House - Holder notes that he will be criticized for undermining the CIA, and may be going against abjurations by President Obama to “move forward” instead of focusing on past transgressions, but says the facts left him little choice. “As attorney general, my duty is to examine the facts and to follow the law,” he says in a statement. “Given all of the information currently available, it is clear to me that this review is the only responsible course of action for me to take.… I have concluded that the information known to me warrants opening a preliminary review into whether federal laws were violated in connection with the interrogation of specific detainees at overseas locations.” White House officials say Holder’s decision does not mark a break between the White House and the Justice Department on their policies toward interrogations. Deputy press secretary Bill Burton tells reporters that “ultimately, the decisions on who is investigated and who is prosecuted are up to the attorney general.… The president thinks that Eric Holder, who he appointed as a very independent attorney general, should make those decisions.” [New York Times, 8/24/2009; Washington Post, 8/24/2009; MSNBC, 8/25/2009] Justice Department spokespersons refuse to say who will, and who will not, be investigated. [TPM Muckraker, 8/25/2009]
Entity Tags: Mark Califano, John Durham, Warren Bamford, Office of Professional Responsibility, Office of Legal Counsel (DOJ), Hugh Keefe, Obama administration, Eric Holder, Barack Obama, Bush administration (43), Matthew Zirbel, Central Intelligence Agency, “Albert”, Bill Burton, US Department of Justice, Sheldon Whitehouse
Timeline Tags: Torture of US Captives
Former CIA case officer Robert Baer, now an author and a columnist for Time.com, tells MSNBC host Alison Stewart that former Vice President Dick Cheney is wrong when he says just-released CIA documents prove that “enhanced interrogation techniques”—torture—works (see August 24, 2009). Baer says: “I’ve looked to the documents and there is no evidence that torture led to the disclosure of imminent attacks, ‘the ticking bomb,’ as they call it. There’s just no evidence there.… [W]hat Cheney said and what’s come out in these documents don’t prove anything at all.” Baer goes on to say that he has never seen torture work: “I’ve spent 21 years in the CIA. It isn’t—and watched other countries use torture and it never worked. In fact, there was a rule, a very fixed rule in the CIA—don’t accept tortured information because it’s unreliable. And that was across the board. It went from China to Zimbabwe to every country in the world. It’s unreliable.” The CIA was never equipped to perform torture, or what Baer “nicely” calls “hostile intelligence,” in the first place. The agency, Baer says, is “filled with liberal arts majors who go out and collect intelligence without coercion. So 9/11 comes along. The White House is desperate to do something. It turns to the CIA.… So, guys, like you and me, will go out and then all we know about torture is we watch “24”, and suddenly, these guys are put on the line and they improvise and they use mock executions. They threaten mothers and children and the rest of it. And it looks like the amateur hour because it is the amateur hour. This is not the role of the CIA to do abusive interrogations. I mean, if anybody should be doing them, it should be the military or the FBI.” Baer supports the release of the memos because, he says, “I’m afraid we’re going to be attacked again and everybody’s going to say, you know, under this administration, maybe and say, they do something, we have to start going back to torture. What we need to know is, was it really useful or wasn’t it? And no one’s answered that question in spite of what Vice President Cheney says.” [MSNBC, 8/26/2009]
The Department of Justice agrees to pay the legal fees of Sabrina De Sousa, a former CIA officer on trial in absentia in Italy over the kidnapping of Islamist extremist Hassan Mustafa Osama Nasr (a.k.a. Abu Omar—see Noon February 17, 2003). However, the decision comes shortly before the verdict in the trial is to be announced. De Sousa will comment: “Unbelievable! The United States Department of Justice just ‘approved’ an attorney to defend me, a month after the trial ended, knowing full well that an attorney at this stage will make little or no difference to the outcome or verdict.” Although DeSousa has been suing the government over the expenses since May (see May 13, 2009), the move appears to be related to a general decision by CIA Director Leon Panetta to pay the legal costs of officers caught up in investigations of post-9/11 CIA programs. However, it is unclear whether the other 24 CIA defendants in the case are having their expenses paid, although the 26th US defendant, an Air Force officer, is. De Sousa denies involvement in the rendition, but will not comment on her employment by the CIA. “I had hoped that the Obama leadership in the Departments of Justice and State would step in to do the right thing and ensure I was provided the immunity to which I was entitled rather than sacrifice me to protect the high-level officials who presumably sanctioned the incident,” she adds. “This sends a terrible message to those in our military and diplomatic corps who risk their lives overseas to protect the interests of our country.” [Congressional Quarterly, 8/28/2009]
A ‘Wanted Dead or Alive’ poster featuring the name of a Charlotte-area abortion provider. [Source: Women's Rights (Change.org)]A women’s clinic in Charlotte, North Carolina, the Family Reproductive Health Clinic, is targeted with a series of “Wanted” posters naming the clinic’s doctors, and claiming they are “Wanted Dead or Alive” for the “crime” of abortion. The posters read in part: “We would like to introduce you to [two named doctors]. Their specialties are obstetrics, gynecology, and murder. Not only do these two men assist women and deliver babies, but they also harm women and kill babies.… You may contact them at their office or the clinic in which they perform the abortions.” The posters list the addresses of the named doctors’ private practices. The practice of anti-abortion organizations using such posters began as early as 1995 (see 1995 and After) and was ruled an illegal threat in 2002 (see May 16, 2002). The practice has allegedly resulted in the murders of three abortion doctors (see March 10, 1993, December 30, 1994 and After, and October 23, 1998), who were all named in similar “Wanted”-style posters. The practice has continued in spite of the court verdict (see January - April 2003). The clinic has been targeted for closure since 2002, when the Reverend Flip Benham, the head of Operation Save America (formerly Operation Rescue—see 1986), moved to the Charlotte area and vowed to shut it down. Since then, Benham and his group’s members have harassed and intimidated the clinic’s staffers and patrons; Benham has been videotaped screaming at patients that “Satan will drink the blood of your babies” and that the women will “go to your deaths” if they have abortions. Benham and his followers often use microphones amplified to what a clinic official calls “deafening levels” to speak to the patients, “swarm” patients’ cars as they enter the parking lot, and follow them up to the doors of the clinic, often stepping within inches of the patients as they harangue them. The clinic official says of the patients, “We try to prepare them for this when they make their appointment, but until you go through something like this, you can’t imagine what it’s like.” The police do little to curb the protesters’ actions, the official says. [Ms. Magazine, 9/2009]
Former Attorney General Alberto Gonzales defends Attorney General Eric Holder’s decision to investigate allegations of prisoner abuse by the CIA (see August 24, 2009). Referring to Holder’s decision going against the apparent wishes of President Obama, Gonzales says, “As chief prosecutor of the United States, he should make the decision on his own, based on the facts, then inform the White House.” The attorney general has a “great deal of discretion” in such matters, he says. Gonzales also says that since Bush administration lawyers clearly defined what interrogation techniques were legal, the interrogators who went beyond those defined boundaries should be investigated. “We worked very hard to establish ground rules and parameters about how to deal with terrorists,” he says. “And if people go beyond that, I think it is legitimate to question and examine that conduct to ensure people are held accountable for their actions, even if it’s action in prosecuting the war on terror.” Holder, Gonzales says, is only concerned about the “one percent of actors” who went beyond the guidelines of Justice Department lawyers, and is not conducting a witch hunt. The other 99 percent “are heroes and and should be treated like heroes for the most part, not criminals,” he says. [Washington Times, 9/1/2009] Two days later, Gonzales backs down from his position. He tells a Washington Times reporter, “Contrary to press reporting and based on the information that’s available to me, I don’t support the investigation by the department because this is a matter that has already been reviewed thoroughly and because I believe that another investigation is going to harm our intelligence gathering capabilities, and that’s a concern that’s shared by career intelligence officials, and so for those reasons I respectfully disagree with the decision.” [Washington Times, 9/3/2009]
AM radio towers toppled by ELF activists. [Source: CNN]Activists affiliated with the Earth Liberation Front (ELF—see 1997) topple two AM radio towers in Snohomish County, Washington, north of Seattle. The radio towers belong to radio station KRKO. In a press statement, ELF spokesman Jason Crawford says: “AM radio waves cause adverse health effects including a higher rate of cancer, harm to wildlife, and that the signals have been interfering with home phone and intercom lines. When all legal channels of opposition have been exhausted, concerned citizens have to take action into their own hands to protect life and the planet.” KRKO station manager Andy Skotdal says, “There’s quite a bit of destruction to the antenna system and it will probably take at least three months to get it back up and operational again.” Skotdal says much of the system has been “flattened like a pancake.” The activists stole an excavating machine to use in knocking down the towers. [CNN, 9/4/2009]
A jury at Woolwich Crown Court in London, England, convicts the three alleged ringleaders of a plot to blow up transatlantic airliners (see August 10, 2006). However, some of their alleged accomplices are acquitted on some or all charges. The three men, Abdulla Ahmed Ali, Tanvir Hussain, and Assad Sarwar, are convicted of plotting to kill thousands of people by blowing up planes flying from London to the US with home-made liquid bombs disguised as drinks. This is the second trial on the case. At a previous trial, the three main defendants were found guilty of conspiracy to murder, but the jury was unable to decide whether the plans included detonating the bombs on the planes. One of the accomplices, Umar Islam, is convicted of conspiracy to murder, but the jury fails to reach a verdict on whether he was involved in the plot to blow up aircraft. Three others, Ibrahim Savant, Arafat Khan, and Waheed Zaman, are found not guilty of plotting to bomb aircraft, and the jury fails to reach a verdict on more general conspiracy to murder charges against them. It is unclear whether prosecutors will request another trial for these charges. An eighth man, Donald Stewart-Whyte, is cleared of all charges, and his lawyers call for an inquiry into why he was prosecuted. [BBC, 9/7/2009]
Joshua Bowman, a resident of Falls Church, Virginia, is arrested by US Capitol Police after attempting to gain access to the Capitol grounds as President Obama begins addressing a joint session of Congress on health care reform (see September 9, 2009). Bowman attempts to bypass a barricade impeding access to the Capitol building, asking officers if he can park in a secure lot. The lot requires a permit and a vehicle search. The officers, suspicious of Bowman’s timing, search his Honda Civic, and find a shotgun, a rifle, and ammunition in the trunk. Bowman is arrested for carrying two unregistered firearms. His intentions are unclear, according to police spokeswoman Sergeant Kimberly Schneider. The Capitol Police and Secret Service are on high alert during Obama’s speech, which features several members of the White House and almost the entire body of Congress present in a single location. [The Hill, 9/10/2009; Associated Press, 9/10/2009]
The second round of arguments in the Citizens United v. Federal Election Commission case (see January 10-16, 2008, March 24, 2008, March 15, 2009, and June 29, 2009) is heard by the US Supreme Court. The first round of arguments, which unexpectedly focused on an unplanned examination of government censorship, ended in a 5-4 split, with the majority of conservative justices readying a decision to essentially gut the entire body of federal campaign finance law in the name of the First Amendment (see March 27, 1990, March 27, 2002, and December 10, 2003), but an angry dissent by Justice David Souter that accused Chief Justice John Roberts of failing to follow the procedures of the Court in rendering the opinion prompted Roberts to temporarily withdraw the opinion and offer a rare second argument (see May 14, 2012). Newly appointed Solicitor General Elena Kagan argues her first case before the Court. Citizens United, the plaintiff, is represented by former Bush administration Solicitor General Theodore Olson. Olson, a veteran of Court arguments, quickly discerns from the new round of “Questions Presented” that the Court is prepared to not only find in the plaintiff’s favor, but to use the case to render a broad verdict against campaign finance law as a whole. Olson argues cautiously, not wanting to extend the case farther than the Court may desire. The four minority liberal justices, knowing the case is lost, try their best in their questioning to raise awareness in the public once news reports of the arguments are made public. One of those justices, Ruth Bader Ginsburg, asks: “Mr. Olson, are you taking the position that there is no difference” between the First Amendment rights of a corporation and those of an individual? “A corporation, after all, is not endowed by its creator with inalienable rights. So is there any distinction that Congress could draw between corporations and natural human beings for purposes of campaign finance?” Olson replies, “What the Court has said in the First Amendment context… over and over again is that corporations are persons entitled to protection under the First Amendment” (see January 30, 1976, April 26, 1978, June 25, 2007, and June 26, 2008). Ginsburg follows up by asking, “Would that include today’s mega-corporations, where many of the investors may be foreign individuals or entities?” Olson replies, “The Court in the past has made no distinction based upon the nature of the entity that might own a share of a corporation.” Kagan then takes her turn, and begins: “Mr. Chief Justice, and may it please the Court, I have three very quick points to make about the government position. The first is that this issue has a long history. For over a hundred years, Congress has made a judgment that corporations must be subject to special rules when they participate in elections, and this Court has never questioned that judgment.” She begins to make her second point before Justice Antonin Scalia, one of the conservative majority, interrupts her. In 2012, author and reporter Jeffrey Toobin will write that Kagan almost certainly knows hers is a legal “suicide mission,” and can only hope that her arguments may sway the Court to narrow its decision and leave some of the existing body of campaign finance law intact. She tells Roberts later in the questioning period, “Mr. Chief Justice, as to whether the government has a preference as to the way in which it loses, if it has to lose, the answer is yes.” Justice John Paul Stevens, the most senior of the liberal minority, attempts to assist Kagan in making her argument, suggesting that the Court should content itself with a narrow ruling, perhaps creating an exception in the McCain-Feingold law (see March 27, 2002) for the plaintiff’s documentary (see January 10-16, 2008) or for “ads that are financed exclusively by individuals even though they are sponsored by a corporation.” Kagan agrees with Stevens’s proposal. Stevens then says: “Nobody has explained why that wouldn’t be a proper solution, not nearly as drastic. Why is that not the wisest narrow solution of the problem before us?” Kagan, with help from Ginsburg, undoes some of the damage done by Deputy Solicitor General Malcolm Stewart during the first argument, where he inadvertently gave the conservative justices the “censorship” argument by which they could justify a broader verdict. Ginsburg asks: “May I ask you one question that was highlighted in the prior argument, and that was if Congress could say no TV and radio ads, could it also say no newspaper ads, no campaign biographies? Last time, the answer was yes, Congress could, but it didn’t. Is that still the government’s answer?” Kagan replies: “The government’s answer has changed, Justice Ginsburg. We took the Court’s own reaction to some of those other hypotheticals very seriously. We went back, we considered the matter carefully.” Unlike Stewart, Kagan specifically says that the government cannot ban books. But the censorship argument remains. After the arguments, the justices render the same verdict: a 5-4 split favoring Citizens United. Roberts, Scalia, and Justices Samuel Alito, Anthony Kennedy, and Clarence Thomas vote in the majority, while Ginsburg, Stevens, and Justices Stephen Breyer and Sonia Sotomayor vote in the minority. The second round of questioning, with its much broader scope, gives Roberts and his conservative colleagues the justification they need to render a broad verdict that would gut existing campaign finance law (see January 21, 2010). [New Yorker, 5/21/2012]
Entity Tags: Elena Kagan, US Supreme Court, Citizens United, Antonin Scalia, Anthony Kennedy, Theodore (“Ted”) Olson, David Souter, Stephen Breyer, Samuel Alito, John G. Roberts, Jr, Jeffrey Toobin, Federal Election Commission, Sonia Sotomayor, John Paul Stevens, Ruth Bader Ginsburg, Malcolm Stewart, Clarence Thomas
Timeline Tags: Civil Liberties
Max Baucus (D-MT), the chairman of the Senate Finance Committee, releases his committee’s final version of health care reform, a version known as the “chairman’s mark.” None of the Republicans on the committee support the bill (known as the “America’s Healthy Future Act,” or AHFA), and some Democrats, including John D. Rockefeller (D-WV), have serious questions about it as well. Baucus says: “The $856 billion dollar package will not add to the federal deficit. The Finance Committee will meet to begin voting on the chairman’s mark next week.” An analysis by the Congressional Budget Office (CBO) shows that the bill will actually “result in a net reduction in federal budget deficits of $49 billion over the 2010-2019 period.” Senators Charles Grassley (R-IA) and Mike Enzi (D-WY) have said that they want a much smaller bill that imposes no fees on health insurance companies, prevents legal immigrants from gaining coverage for five years, and bans any federal coverage for abortions. The Baucus bill does not allow for federal monies to be used for abortions, as Republicans have insisted upon, with the exception of situations involving rape or incest. Illegal immigrants are not provided coverage through the bill; legal immigrants cannot get government subsidies and must wait five years before qualifying for Medicaid. Immigrants’ citizenship status will be verified, as Republicans have requested. Another Republican provision, “tort reform” (efforts to reduce legal claims against doctors and HMOs), is part of the bill. There is no “public option” for government-financed health care for uninsured citizens, as Republicans and conservative Democrats have demanded. The bill allows for the purchasing of insurance across state lines, for “high-deductible” policies, and for so-called “high-risk pools,” three provisions Republicans have demanded. And, beginning in 2014, federal monies will be made available “to all states to defray the costs of covering newly-eligible beneficiaries.” [111th Congress, 1st Session, 9/16/2009; Think Progress, 9/16/2009; Think Progress, 9/17/2009] Even after seeing a bill with so many inclusions they have asked for, Senate Republicans continue to insist that there is nothing in the bill they can support. [Think Progress, 9/17/2009]
Judge Clay Land. [Source: TruTV (.com)]US District Court Judge Clay Land throws out a complaint questioning President Obama’s birth, and seeking to halt the deployment of Army Captain Connie Rhodes to Iraq on the grounds that Obama is not the legitimate commander in chief. Rhodes is represented by “birther” lawyer Orly Taitz (see November 12, 2008 and After, March 13, 2009, and August 1-4, 2009). In the complaint, Taitz writes on behalf of Rhodes: “This plaintiff cannot in good conscience obey orders originating from a chain of command from this merely de facto president. This plaintiff cannot be lawfully compelled to obey this de facto president’s orders.” Land, clearly angered by the complaint, says Taitz will face sanctions if she ever files a similar “frivolous” complaint or lawsuit in his court again. Rhodes, Land rules, “has presented no credible evidence and has made no reliable factual allegations to support her unsubstantiated, conclusory allegations and conjecture that President Obama is ineligible to serve as president of the United States. Instead, she uses her complaint as a platform for spouting political rhetoric, such as her claims that the president is ‘an illegal usurper, an unlawful pretender, [and] an unqualified imposter.’” The evidence presented by Taitz in the complaint is groundless, Land rules, noting allegations that Obama might have used 149 addresses and 39 Social Security numbers before becoming president and the existence of what Taitz claims is Obama’s Kenyan birth certificate. “Finally, in a remarkable shifting of the traditional legal burden of proof,” he writes, “plaintiff unashamedly alleges that defendant has the burden to prove his ‘natural born’ status. Any middle school civics student would readily recognize the irony of abandoning fundamental principles upon which our country was founded in order to purportedly ‘protect and preserve’ those very principles. Unlike in ‘Alice in Wonderland,’ simply saying something is so does not make it so.” Land orders that Rhodes pay any costs incurred by the defendants, who include President Obama, Defense Secretary Robert Gates, and Colonel Thomas Manning, a garrison commander at Fort Benning, Georgia. Taitz says she believes Land is guilty of treason by dismissing her complaint, saying, “Judge Land is a typical puppet of the regime—just like in the Soviet Union.” She adds that she intends to keep fighting for Rhodes if Rhodes desires her to, telling one reporter, “Listen, Nelson Mandela stayed in prison for years in order to get to the truth and justice.” Three days later, Rhodes renounces Taitz as her lawyer, and informs Land that she did not authorize the emergency request for stay of deployment that Taitz filed on her behalf. “I did not authorize it and do not wish to proceed,” Rhodes writes in a letter to Land. “Ms. Taitz never requested my permission nor did I give it.” She adds: “I do not wish for Ms. Taitz to file any future motions or represent me in any way in this court. It is my plan to file a complaint with the California State Bar due to her reprehensible and unprofessional actions.” Rhodes is deployed days later; an Ohio lawyer files a separate complaint with the California State Bar (see September 17, 2009). [Columbus Ledger-Enquirer, 9/16/2009; Huffington Post, 9/16/2009; TPM Muckraker, 9/16/2009; Washington Independent, 9/19/2009] Taitz responds by telling a reporter she believes Rhodes’s letter is a forgery. “I don’t know if this letter came from her,” Taitz writes in an email, “since she is in Iraq now and the Office Max store from where it came, states that they don’t send faxes for customers. The signature on her notarized letter from Kansas and this letter looks different.” An Office Max clerk confirms that he faxed the letter on behalf of Rhodes, and the letter itself notes that she would fax it to Judge Land. Taitz goes on to claim that she believes Rhodes “was pressured by the military” to renounce her and consider filing a complaint with the California State Bar. “It appear to be a concerted effort to quash all free speech, particularly any legal challenges to Obama’s legitimacy.” [TPM Muckraker, 9/21/2009] In October, Land will sanction Taitz, fining her $20,000 for professional misconduct (see October 13-16, 2009). Land recently dismissed another, similar lawsuit filed by Taitz on behalf of Army Major Stefan Cook (see July 8-16, 2009).
Ohio lawyer Subodh Chandra, an inactive member of the California State Bar, files a formal complaint against California lawyer Orly Taitz for calling Georgia judge Clay Land “corrupt” and suggesting he is guilty of treason (see September 16-21, 2009). Chandra writes: “I respectfully request that you investigate Ms. Taitz’s conduct and impose an appropriate sanction. She is an embarrassment to the profession.” Chandra, who ran for attorney general of Ohio in 2006, writes that Taitz’s comments about Land violate section 6068(b) of the California Business & Professions Code. That section of the law requires attorneys to “maintain the respect due to the courts of justice and judicial officers.” Chandra’s complaint also alleges that Taitz is filing frivolous lawsuits and pursuing actions based on “corrupt motive of passion of interest, namely, discriminatory and political motives.” If a violation is assessed against Taitz, she could face actions ranging from private reproval to disbarment. [TPM Muckraker, 9/17/2009]
Seven former directors of the CIA urge President Obama to end the investigation of claims that the CIA tortured detainees to obtain intelligence (see August 24, 2009). The investigation was triggered by the release of an internal CIA report from 2004 (see August 24, 2009). The directors say that all the cases in the 2004 report have already been adequately investigated, and to reopen those investigations would make it difficult for intelligence agents to believe they can safely follow legal guidance. In a letter signed by the seven former directors, they write: “Attorney General Holder’s decision to re-open the criminal investigation creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute. Those men and women who undertake difficult intelligence assignments in the aftermath of an attack such as September 11 must believe there is permanence in the legal rules that govern their actions.… [T]his approach will seriously damage the willingness of many other intelligence officers to take risks to protect the country.” The letter is signed by former CIA directors Michael Hayden, Porter Goss, George Tenet, John Deutch, James Woolsey, William Webster, and James Schlesinger. Current CIA Director Leon Panetta opposed the investigation, but says that he will cooperate with it (see Before August 24, 2009). [Fox News, 9/18/2009]
ACLU: Letter 'Self-Serving' and Wrong - The American Civil Liberties Union’s Jameel Jaffer calls the letter “self-serving,” writing: “Attorney General Holder initiated a criminal investigation because the available evidence shows that prisoners were abused and tortured in CIA custody. The suggestion that President Obama should order Attorney General Holder to abort the investigation betrays a misunderstanding of the role of the attorney general as well as the relationship between the attorney general and the president. Where there is evidence of criminal conduct, the attorney general has not just the authority but the duty to investigate. The attorney general is the people’s lawyer, not the president’s lawyer, and it would be profoundly inappropriate for President Obama to interfere with his work. The attorney general’s investigation should be allowed to proceed without interference, and it certainly should not be derailed by the self-serving protests of former CIA officials who oversaw the very crimes that are being investigated. If there is a problem with the unfolding criminal investigation, it is that its focus is too narrow. There is abundant evidence that torture was authorized at the highest levels of the Bush administration, and the Justice Department’s investigation should be broad enough to encompass Bush administration lawyers and senior officials—including the CIA officials—who authorized torture.” [TPM Muckraker, 9/18/2009]
Justice Department Responds - The Justice Department counters the letter with its own statement: “The attorney general works closely with the men and the women of intelligence community to keep the American people safe and he does not believe their commitment to conduct that important work will waver in any way. Given the recommendation from the Office of Professional Responsibility as well as other available information, he believed the appropriate course of action was to ask John Durham to conduct a preliminary review. That review will be narrowly focused and will be conducted by a career prosecutor who has shown an ability to handle cases involving classified information. Durham has not been appointed as a special prosecutor; he will be supervised by senior managers at the [Justice] Department. The attorney general’s decision to order a preliminary review into this matter was made in line with his duty to examine the facts and to follow the law. As he has made clear, the Department of Justice will not prosecute anyone who acted in good faith and within the scope of the legal guidance given by the Office of Legal Counsel regarding the interrogation of detainees.” [Washington Independent, 9/18/2009]
Entity Tags: Jameel Jaffer, George J. Tenet, Central Intelligence Agency, Barack Obama, William H. Webster, US Department of Justice, Office of Professional Responsibility, Eric Holder, Porter J. Goss, John Deutch, James R. Schlesinger, Leon Panetta, Michael Hayden, James Woolsey
Timeline Tags: Torture of US Captives
Law professor Benjamin Davis calls on former Bush administration officials to step forward and cooperate with the Justice Department investigation into torture, being led by prosecutor John Durham (see August 24, 2009). Davis makes his call after attending a debate called “After Guantanamo” at Case Western Reserve Law School. During that debate, he writes, “members of the former administration regaled the audience with stories about the mistakes made and the arrogance demonstrated by persons with whom they had worked on the issues of detention, interrogation, and military commissions.” Davis writes that “it would seem preferable for the former administration members to tell their stories to the federal prosecutor rather than to audiences at conferences.” He calls the stories “appalling,” citing incidents of “arrogant disdain for military lawyers” displayed by senior Bush officials, widespread ignorance of military law, “and the general indifference of those tasked with developing detention, interrogation, and military commission policy in the prior administration.” Davis calls on the former adminstration officials to go farther than they did at Case Western: “Names were not named in the conference, but names should be named to John Durham. He is permitted to ‘follow the facts wherever they lead,’ but if those lawyers, other civilians, and uniformed types who know where the dogs are buried refrain from coming forward, they will make the task more arduous than it needs to be. Everyone who has a story is a witness in piecing together what really went on. Every lawyer has also sworn an oath to be an officer of the court and is under an ethical duty to refrain from abetting crimes. Help John Durham find the facts.” He concludes by asking: “[B]eyond legal or ethical obligations, the real question is of what these architects of detention, interrogation, and military commission policy are made of. Are they made of the stuff that led Specialist Darby [Joseph Darby—see January 13, 2004] to clearly see what was wrong with detainee treatment in Abu Ghraib, thus prompting him to provide military investigators with the incriminating photos? Or are these persons made of the stuff of cowards that hope this will all go away if they do not say anything to anyone—posturing in public and cowering in private?” [Jurist, 9/18/2009]
A lawyer acting for the US Air Force writes to Italian authorities telling them they do not have jurisdiction over Colonel Joseph L. Romano III, a military officer involved in the rendition from Italy to Egypt of Islamist radical Hassan Mustafa Osama Nasr (see Noon February 17, 2003). Romano is one of 26 Americans being tried in absentia in Italy over the kidnap; the rest are CIA officers. His role in the abduction was to facilitate Nasr’s transfer to an aircraft at Aviano Air Force Base. The letter sent by the lawyer, Colonel Roger M. Welsh, says that Italy’s lack of jurisdiction is the result of a NATO status of forces agreement signed by all its members in 1951. “Colonel Romano is subject to the Uniform Code of Military Justice, and the offenses alleged at the Tribunale of Milan are offenses that may be charged under various articles of the [code],” Welsh writes. “Therefore, the United States asserts its primary right to exercise jurisdiction over Colonel Joseph L. Romano III.” The letter is approved by Secretary of Defense Robert Gates. According to Mark Zaid, an attorney for co-defendant Sabrina De Sousa, “The immunity decision was approved by the White House (yes, President Obama himself, as well as other cabinet members and the [National Security Council]) at the personal urging of Secretary of Defense Gates.” The prosecution of Romano and the other 25 began over three years ago and the verdict in the trial will soon be issued, so the move is what reporter Jeff Stein describes as a “Hail Mary pass.” “This action is being taken now because the trial is winding down and heading towards a verdict,” says Defense Department spokesman Bob Mehal. “All other efforts at diplomatic or legal solutions appear to have failed. There is no choice left but to assert at this point.” Zaid will say that Gates is properly trying to protect his subordinate, but complain that his client has been abandoned. “If the [US government] is willing to pay for Ms. De Sousa’s Italian legal defense, thereby essentially admitting that she was acting in the scope of her official employment while in Italy, why has the [US government] refused to invoke diplomatic immunity?” Zaid says. “What rationale exists to enable the Department of Defense to now invoke immunity for one alleged American conspirator but permit the [US government] to intentionally abandon another?” [Congressional Quarterly, 9/23/2009]
Max Baucus (D-MT), chairman of the Senate Finance Committee, makes several revisions to the “final” draft of the Chairman’s Mark of the America’s Healthy Future Act (AHFA, the name for health care reform legislation—see September 16-17, 2009). The “chairman’s mark” is a recommendation by a committee or subcommittee chair of measures to be considered in a markup, and is usually drafted as a bill. Baucus says in a statement: “The modifications focus largely on making care more affordable for low and middle income Americans by increasing the Health Care Affordability Tax Credit, lowering the penalties for people who fail to meet the individual requirement to have health insurance, and increasing the High Cost Insurance Excise Tax threshold for people whose basic health care is more expensive… and effectively slows the growth of skyrocketing health care costs.… This modification incorporates important ideas from my colleagues on both sides of the aisle.” According to Baucus, AHFA as it now stands will make it easier for families and small businesses to buy health care coverage, ensure Americans can choose to keep the health care coverage they have if they like, and slow the growth of health care costs over time. “It will bar insurance companies from discriminating against people based on health status, denying coverage because of pre-existing conditions, or imposing annual caps or lifetime limits on coverage.” Baucus continues to assert that AHFA will not add to the federal deficit. Some of the new provisions include:
Lowering the amount that insurance companies can vary premiums based on age, ensuring that these companies cannot charge elderly clients far more than younger ones. The provision was first submitted by Senators John Kerry (D-MA) and Ron Wyden (D-OR).
Providing $5 billion in additional assistance to small businesses attempting to provide coverage for their workers. The provision was first submitted by Senators Kerry and Debbie Stabenow (D-MI).
Including more senior citizens in the Medicare Advantage program.
Making prescription drugs more affordable for senior citizens by reducing co-payments. This provision was first submitted by Senators John D. Rockefeller (D-WV), Jeff Bingaman (D-NM), and Ben Nelson (D-NE).
Improving Medicare beneficiary access to bone density tests, a provision first submitted by Senator Blanche Lincoln (D-AR).
Creation of a three-year Medicare Hospice Concurrent Care (HCC) demonstration program that would provide Medicare patients eligible for hospice care with all other Medicare-covered services during the same period of time. This provision was first submitted by Senator Wyden.
Improving access to Home and Community Based Services (HCBS) for low income individuals in Medicaid who are in need of long-term care, a provision first submitted by Senator Kerry.
Creating nursing home alternatives for patients in need of long-term care, a provision first submitted by Senator Maria Cantwell (D-WA).
Provide alternatives to nursing home care for disabled individuals on Medicaid, a provision first submitted by Senator Charles Schumer (D-NY).
Improving access to mental health care for Medicaid patients, a provision first submitted by Senator Olympia Snowe (R-ME).
Financial assistance for “high-need” states having difficulty paying for their Medicaid obligations, and use of surplus Medicaid funds to improve the program.
Create an exemption to encourage health care beneficiaries to use generic prescription drugs by waiving co-payments, a provision first submitted by Senator Stabenow.
Remove the mandate that would require states to cover all prescription drugs for Medicaid beneficiaries.
Direct the secretary of health and human services to implement programs to reduce waste in the way drugs are dispensed to seniors in long term care facilities. [Senior Journal, 9/22/2009; New York Times, 9/22/2009; The Capitol (.net), 2011]
Entity Tags: Blanche Lincoln, Ben Nelson, Debbie Stabenow, Jeff Bingaman, Charles Schumer, John D. Rockefeller, America’s Healthy Future Act, Maria Cantwell, Max Baucus, Olympia Snowe, Ron Wyden, Senate Finance Committee, John Kerry
Timeline Tags: US Health Care
A September 30 headline on Fox News’s Web site Fox Nation, inaccurately claiming that an Obama official ‘covered up’ the crime of statutory rape. [Source: Media Matters]Conservative media outlets actively target Education Department official Kevin Jennings over charges that he once facilitated the molestation of a child. Jennings, who is openly gay, is said to have covered up the statutory rape of a male teenager by an older gay male. The charge has been disproven, but conservative media figures have painted Jennings as a “radical” gay activist and a proponent of child molestation with an “agenda” of “promoting homosexuality in schools.” [Media Matters, 9/30/2009] In 2004, Jennings’s attorney disclosed evidence that the youth was in fact 16 at the time, which is the legal age of consent in the state; therefore, no crime was committed. [Media Matters, 10/1/2009] The attack on Jennings, who runs the Education Department’s Office of Safe and Drug Free Schools and is one of the White House’s so-called “czars,” is led by Fox News commentators Sean Hannity and Glenn Beck and columnists at the Washington Times, who all claim that in 1988, Jennings, then a public school teacher, “covered up” the statutory rape of a 15-year-old gay teenager by an older gay man in Massachusetts. Both Fox News and the Times have failed to report the proof of Jennings’s innocence. Hannity and Beck have called on Jennings to be fired. [Washington Times, 9/28/2009; Media Matters, 10/1/2009] The claim is not limited to Fox News’s commentary shows. News anchor Bill Hemmer, who anchors part of what the network claims is its “non-partisan” news coverage (see October 11, 2009 and October 13, 2009), states as fact that Jennings knew of a “statutory rape” case involving a student but “never reported it.” Hemmer fails to report the evidence showing no such crime was committed. Another Fox News correspondent, Mike Emanuel, says on Hemmer’s broadcast, “And so a lot of people suggesting [sic] that should have thrown up all sorts of red flags for this teacher.” [Media Matters, 10/1/2009] Influential conservative blogger Jim Hoft accuses Jennings of “hid[ing] pedophilia from authorities.” [Jim Hoft, 9/30/2009] “Fox News’ allegations about Kevin Jennings covering up a statutory rape are wholly unsupported by the facts,” says Eric Burns, president of the progressive media watchdog organization Media Matters. “But Fox has already proven that facts don’t matter in its campaign against Jennings. Who needs facts when your reports are built on made-up charges and anti-gay bigotry?” [Media Matters, 10/1/2009]
Entity Tags: Fox News, Office of Safe and Drug Free Schools, Glenn Beck, Jim Hoft, Eric Burns, Kevin Jennings, Bill Hemmer, Mike Emanuel, Sean Hannity, Washington Times, US Department of Education
Timeline Tags: Domestic Propaganda
Columnist John L. Perry, a newspaper editor and writer for the conservative news Web site Newsmax, publishes an article on that site that says the US military can, and should, execute a military coup to remove President Obama from office. Perry calls it a “remote [yet] gaining possibility” that “America’s military will intervene as a last resort to resolve the ‘Obama problem.’ Don’t dismiss it as unrealistic.” Perry writes that such a coup would not be the most “preferable” solution to the “Obama problem,” but it is preferable to Obama’s “radical ideal.” He writes that the American military would execute a “civilized” coup, claims that military officers are not sworn to obey the president in his role as commander in chief, and says that “top military officers” are becoming increasingly alarmed at the “trampl[ing]” of “the Constitution they are sworn to defend” by Obama and his administration. Those officers may well decide to execute a coup on behalf of the citizens who are becoming “increasingly alarmed that this nation, under President Barack Obama, may not even be recognizable as America by the 2012 election, in which he will surely seek continuation in office.” Perry goes on to accuse the Obama administration of making the nation “financially reliant on foreign lender governments,” says Obama is “waging undeclared war on the intelligence community… dismantling… defenses against missiles targeted at this nation by avowed enemies, even as America’s troop strength is allowed to sag,” and placing both the nation and the US military “in jeopardy as never before.” Perry writes that America’s “military professionals” have the choice to either let Obama allow the Middle East to explode in a nuclear holocaust, thusly “destabilizing or subjugating the Free World,” resign their commissions en masse, continue in the hopes that Republicans will win the 2010 election and “reverse the situation,” or take drastic action. Perry asks, “Will the day come when patriotic general and flag officers sit down with the president, or with those who control him, and work out the national equivalent of a ‘family intervention,’ with some form of limited, shared responsibility?” He then speculates: “Imagine a bloodless coup to restore and defend the Constitution through an interim administration that would do the serious business of governing and defending the nation. Skilled, military-trained nation-builders would replace accountability-challenged, radical-left commissars. Having bonded with his twin teleprompters, the president would be detailed for ceremonial speech-making.” If the military does not intervene, Perry writes, Obama’s “exponentially accelerating agenda for ‘fundamental change’ toward a Marxist state” is all but inevitable. “A coup is not an ideal option, but Obama’s radical ideal is not acceptable or reversible. Unthinkable? Then think up an alternative, non-violent solution to the Obama problem.” Perry concludes by saying that the American electorate in 2008 indulged in a “wistful, self-indulgent, indifferent reliance on abnegation of personal responsibility” and as a result, “sunk the nation into this morass.” [NewsMax, 9/29/2009] A day later, Newsmax removes the column from its Web site. The site posts no apology for Perry’s column nor explains its sudden disappearance, but does issue a statement that follows: “In a blog posting to Newsmax John Perry wrote about a coup scenario involving the US military. He clearly stated that he was not advocating such a scenario but simply describing one. After several reader complaints, Newsmax wanted to insure that this article was not misinterpreted. It was removed after a short period after being posted. Newsmax strongly believes in the principles of constitutional government and would never advocate or insinuate any suggestion of an activity that would undermine our democracy or democratic institutions. Mr. Perry served as a political appointee in the Carter administration in HUD and FEMA. He has no official relationship with Newsmax other than as an unpaid blogger.” Previously, Newsmax has identified Perry as a member of “two previous administrations,” not just the Carter administration, and has called him a “prize-winning newspaper editor” and a regular columnist for the site since 1999. Law professor Darren L. Hutchinson calls Perry a “rightwingnut” and accuses him of “fantasiz[ing]” about the possibility of a “military coup.” He calls Perry’s rationale for a coup a compilation of “horrible lies” and problems that began under the Bush administration, not under Obama’s leadership. [NewsMax, 9/29/2009; Media Matters, 9/30/2009; Darren L. Hutchinson, 9/30/2009] Libertarian blogger Tom Bowler speculates that, given Perry’s association with two Democratic presidential administrations and his former membership in a now-defunct Democratic think tank, Perry is “a lefty” who wrote the column in an attempt “to build the case for curbing talk radio. In the interest of national security, of course.” [Tom Bowler, 9/30/2009] However, liberal columnist Terry Krepel later notes that Perry has attacked liberals in general, and Obama in particular, since before Obama’s election, and has often accused both liberals and Obama of being “socialists.” Perry has also launched racially-motivated attacks against Obama, and speculated that his only real “power base” is “the blacks.” [Huffington Post, 10/1/2009]
Federal judge Emmet Sullivan rules that the FBI must publicly reveal information from its 2004 interview with then-Vice President Dick Cheney during the Valerie Plame Wilson leak investigation (see May 8, 2004). The information has been kept classified by both the Bush and Obama administrations, who have argued that future presidents, vice presidents, and their senior staff may not cooperate with criminal investigations if they know what they say could became public. Sullivan rules that there is no justification to withhold the FBI records of Cheney’s interview, since the leak investigation has long since concluded. Further, the idea that such a judgment may lead to future reluctance to cooperate with investigations is ‘incurably speculative’ and cannot affect his judgment. To rule in favor of the Bush and Obama administrations, Sullivan says, would be “breathtakingly broad” and “be in direct contravention of ‘the basic policy’ of” the Freedom of Information Act. He does allow some portions, affecting national security and private communications between Cheney and former President Bush, to be redacted. Those portions include details about Cheney’s talks with then-CIA Director George Tenet about Joseph Wilson’s trip to Niger (see February 21, 2002-March 4, 2002), talks with then-National Security Adviser Condoleezza Rice, discussions about Bush’s 2003 State of the Union address (see Mid-January 2003 and 9:01 pm January 28, 2003), discussions about how to respond to press inquiries about the leak of Plame Wilson’s identity, and Cheney’s involvement in declassification discussions. The Justice Department has previously indicated that it would appeal any ruling allowing the information of Cheney’s testimony to be made public. The declassification was sparked by a July 2008 lawsuit filed by the watchdog organization Citizens for Responsibility and Ethics in Washington (CREW), who filed a Freedom of Information Act request with the Justice Department seeking records related to Cheney’s interview in the investigation. In August, CREW sued for the records. CREW’s Melanie Sloan says the group hopes the Obama administration will reveal the entire record in the interest of transparency. “The American people deserve to know the truth about the role the vice president played in exposing Mrs. Wilson’s covert identity,” she says. “High-level government officials should not be permitted to hide their misconduct from public view.” [Associated Press, 10/1/2009; Politico, 10/1/2009]
Robert Lowry. [Source: Think Progress]Members of Florida’s Southeast Broward [County] Republican Club take to the firing range for their weekly meeting, where they fire handguns, AK-47s, and AR-15s at targets. The purpose of having the meeting at a gun club, says chapter president Ed Napolitano, is to have fun, educate non-shooting members, and to send a political message: “Why are we here? Because we’re Republicans and we appreciate the fact that we have the right to bear arms,” he says. “Without the Second Amendment, I don’t think the other amendments would hold up. I think they would just be suggestions that the government would decide to do whatever they want.” However, the choice of targets causes some outrage. Most of the members shoot at traditional targets—human silhouettes—but some of the shooters use color posters depicting Arab men in traditional headdress holding rocket-propelled grenades, and one, Robert Lowry, shoots at a target with the letters “DWS” written next to the target’s head. Lowry is the Republican candidate for the district’s US House seat, running against incumbent Debbie Wasserman Schultz (D-FL), whose initials are DWS. Lowry says he didn’t write the initials on the target, but was aware of them before he began shooting. At first, he attempts to dismiss it as a “joke,” but after answering some questions on the target, he says it “was a mistake” to use a target labeled with the initials of his opponent. Wasserman Schultz says of Lowry’s action: “I find this type of action serious and disturbing. Tonight I am going to have to talk to my young children about why someone is pretending to shoot their mother. Trivializing violent behavior is the kind of extreme view that has no place in American politics.” Lowry issues a statement that reads: “Debbie Wasserman Schultz is a fine lady and we wish her and her family well. It is her continued support for harmful policies affecting seniors and her failure to act for the general benefit of US Congressional District 20 is what we take issue with.” Jennifer Crider of the Democratic Congressional Campaign Committee says: “It’s absolutely outrageous. He needs to rethink his sense of humor. It wasn’t about issues, it wasn’t about anything of substance, it was a personal attack that wasn’t called for.” Napolitano defends the club’s use of targets designed to appear as Arab terrorists, saying: “That’s our right. If we want to shoot at targets that look like that, we’re going to go ahead and do that.” [Orlando Sun-Sentinel, 10/8/2009; Huffington Post, 10/9/2009; Miami Herald, 10/11/2009]
A former British military police officer alleges that British soldiers in Iraq were involved in hundreds of incidents where civilians died or were seriously injured, but those incidents were covered up or inadequately investigated. The former MP, who remains anonymous, says, “If you were to look back at all the serious allegations arising out of operations in Iraq, there’s a catalogue of blunders, mistakes, ineptitude, and the course of investigations being bent to serve the real or perceived interests of the chain of command of the army.” He says he has “absolutely no trust and confidence in anyone in the army who is saying that the number of incidents are low,” and adds, “The documentary evidence that I have seen suggests that there were hundreds of incidents over the last six or seven years and that it’s of great concern that among those hundreds there will have been undoubtedly some very suspicious deaths and serious injuries that were never properly investigated.” The former MP is interviewed on BBC Radio 5’s Donal MacIntyre program. The Ministry of Defense denies the allegations. [Guardian, 10/11/2009]
America’s Health Insurance Plans (AHIP), the health insurance industry’s largest lobbying organization, releases a study that claims the Democrats’ health care reform initiative would send health insurance costs sharply upward. The study is released the day before the Senate Finance Committee votes on its version of the reform proposal. [The Week, 10/12/2009] AHIP says it intends to circulate the study among lawmakers on Capitol Hill and use it as the basis for new advertisements attacking the health care reform proposals. [Washington Post, 10/12/2009] NBC Washington calls the study “a surgical strike against Democrats’ best hope for passing health reform,” specifically targeting the Finance Committee’s legislative efforts, which it calls the “Baucus bill” for committee chairman Max Baucus (D-MT). Until now, AHIP has operated largely behind the scenes to delay or terminate Congressional efforts to reform US health care; the study marks its most public and overt effort to influence the discussion. According to the study, which was carried out by accounting and services firm PriceWaterhouseCoopers (PWC) and paid for by AHIP, the average cost increase would be $1,700 per family per year by 2013. “[T]he cumulative increases in the cost of a typical family policy… will be approximately $20,700 more than it would be under the current system,” the report claims. “[T]he cost of coverage for both single and family policies in the individual, small group, large group, and self-funded insurance markets” will rise dramatically. AHIP official Karen Ignagni says private insurers would almost certainly pass cost increases to consumers for a number of reasons, including her claim that too many people with pre-existing conditions would sign up for insurance. “The report makes clear that several major provisions in the current legislative proposal will cause health care costs to increase far faster and higher than they would under the current system,” she writes. Baucus calls the study “seriously flawed.” A spokesman for the Finance Committee, Scott Mulhauser, says: “Now that health care reform grows ever closer, these health insurers are breaking out the same, tired playbook of deception to prevent millions of Americans from getting the affordable, accessible care they need. It’s a health insurance company hatchet job, plain and simple.” [America's Health Insurance Plans, 10/11/2009; NBC Washington, 10/12/2009; Washington Post, 10/12/2009] An analysis of the committee’s proposal by the Congressional Budget Office (CBO) shows that while some people’s premiums would go up, the subsidies to be provided by the government would make health insurance considerably less expensive for most consumers. According to the CBO, premiums under the government “exchange” option proposed in the Baucus bill would cost consumers $14,400 per year in 2016, while the average private insurer would charge their customers $21,300 by 2016. [Think Progress, 10/12/2009] Nancy-Anne DeParle, director of the White House Office of Health Reform, says PWC is not the firm to have carried out such a study. “Those guys specialize in tax shelters,” she says. “Clearly this is not their area of expertise.” [Washington Post, 10/12/2009] Almost immediately after the study’s release, critics begin attacking it, calling it deeply flawed and an “industry hit job” (see October 11-12, 2009). And PWC itself will back away from the study’s central claims (see October 12, 2009).
Within minutes of the release of a new study by health insurance lobbying firm America’s Health Insurance Plans (AHIP) that claims health care reform would drastically raise costs to American families (see October 11, 2009), critics from different sides of the political divide dispute the study’s accuracy and question its impartiality.
White House: Study Ignores Key Elements of Reform - White House assistant press secretary Reid Cherlin says the study “conveniently ignores critical policies that will lower costs for those who have insurance, expand coverage, and provide affordable health insurance options to millions of Americans who are priced out of today’s health insurance market or are locked out by unfair insurance company practices.” [MSNBC, 10/12/2009]
'Blowback' from Study Possible - White House and Senate officials say that the insurance industry may suffer “blowback” over the report. Democrats may well close ranks behind either the Senate Finance Committee (SFC) bill or another version of the legislation, and liberal lawmakers may go after the insurance companies, maybe by proposing a cap on premiums or solidifying support for the government insurance plan. “They have opened themselves up,” says a senior Senate Democratic aide. “It is an incredibly stupid strategic blunder. If you are going to fire a shot like this, you fire a good shot.” Former industry executive Wendell Potter, who has become an industry whistleblower (see July 10, 2009), says AHIP is responding to critical analyses from Wall Street that the legislation will hurt private insurers. “Karen [AHIP official Karen Ignagni] had no alternative because the CEOs were so determined to do something to try to sway the committee to back off the reductions,” he says. “She didn’t have an alternative. They are obviously doing this on the eve of the vote in the Senate Finance Committee, hoping enough members of the committee would be concerned, to restore it. I think the strategy will backfire.” [Politico, 10/12/2009]
Economist: Study Fundamentally Flawed - MIT economist Jonathan Gruber analyzes the PWC study and concludes that it is fundamentally flawed. He writes: “The nonpartisan analysis based on information from the CBO [Congressional Budget Office] shows clearly that for those facing purchase in the non-group market, the SFC bill will deliver savings ranging from several hundred dollars for the youngest consumers to over $8,500 for families. This is in addition to all the other benefits that this legislation will deliver to those consumers—in particular the guarantee, unavailable in most states, that prices would not be raised or the policy revoked if they became ill.” On MSNBC, Gruber notes: “If the report had came out and said, ‘look we need stronger penalties, or premiums will go up,’ that’s a very valid point to make. But what the report says is that it went too far. It said with the current structure, premiums will be much higher than they are today. And that’s just wrong. I mean, the nonpartisan Congressional Budget Office has came out and said that for this bill, premiums in the exchange will be lower than they are in the none group market today. So they just drew the wrong comparison.” [Massachusetts Institute of Technology, 10/12/2009; Think Progress, 10/13/2009]
Democrats: Proof that Industry Needs Further Regulation - Representative Anthony Weiner (D-NY) says, “[T]he health insurance lobby today fired the most important salvo in weeks for the public option,” and adds that the study proves the industry needs further regulations imposed on it by Congress: “If you have the health care industry complaining that we’re going to raise costs because of these changes, it is them putting us on notice that we haven’t put enough cost containment in the bill. You know, the health care industry themselves is putting out a whole report saying that. That should be a tell to the [Senate Finance Committee] that you know what, maybe it’s time for them to go back and revisit the public option. In a strange way, and look, obviously they didn’t mean this, the health insurance lobby today fired the most important salvo in weeks for the public option, because they have said, as clear as day, left to their own devices, according to their own number crunchers, they’re going to raise rates 111 percent.” [Think Progress, 10/12/2009] Senator John D. Rockefeller (D-WV) charges the insurance industry with releasing a false study for political purposes. “The misleading and harmful claims made by the profit-driven insurance companies are politicking for corporate gain at its worst,” he says. “Their recent statements only further highlight that our focus here in Congress must be on the inclusion of a public health insurance option in the marketplace to protect families and put more money back in their wallets by creating greater competition and driving down costs.” [Politico, 10/12/2009]
Washington Post: 'Industry Hit Job' - The Washington Post’s Ezra Klein calls the report “deceptive” and “a predictable industry hit job,” and notes that the study was produced by accounting and services firm PriceWaterhouseCoopers (PWC), which in the 1990s was commissioned by the tobacco industry to do a study on the economic catastrophe that would result from taxing tobacco products. That study was found to be unreliable, and, perhaps not surprisingly, made all of its errors in favor of the tobacco industry. Klein writes that the same effect can be observed in this report on health care. He concludes: “But if the [study] doesn’t offer much in the way of trustworthy policy analysis, it is an interesting looking at the changing politics of the issue. In short, the insurance industry is getting scared. After many months of quiet constructiveness, they’re launching a broadside on the week of the Senate Finance Committee’s vote. The White House, which had a pleasant meeting with the industry’s leadership last week, was shocked by the report, and so too was the Senate Finance Committee. The era of cooperation seems to be over, and they weren’t given much advance warning. But the report might have another impact, too: The evident anger and fear of the insurance industry might do a bit to reassure liberals that this plan is worth supporting, after all.” [Washington Post, 10/12/2009]
New Republic: 'Questionable Assumptions' - The New Republic’s Jonathan Cohn chastizes PriceWaterhouse for deliberately, and explictly, choosing to believe that all the new factors included in the study will raise costs, when other analyses show that many of those factors will actually drive costs down. Cohn writes that the study is based on a plethora of “strange [and] questionable assumptions.” [New Republic, 10/11/2009]
Progressive Columnist: 'This Is News?' - Progressive columnist Josh Marshall wrote before the study was released: “Let me get this right. The big news tomorrow is that ‘America’s Health Insurance Plans’ (AHIP, aka the health insurance lobby) has commissioned a study by PriceWaterHouseCoopers that comes to the conclusion that the Senate Finance Committee bill is a bad, bad thing and would lead to health care costs going up even faster than they are under the current system. This is news?” [Talking Points Memo, 10/12/2009]
Washington Times: Defending the Study, Attacking the CBO - The conservative Washington Times defends the study as essentially accurate, and instead attacks the Congressional Budget Office, whose own figures differ dramatically from the PWC study. The Times editorial board calls the CBO’s estimates “fanciful” and “grandly overoptimistic,” and accuses the Democrats of adding opportunities for consumers to “game the system”—“It’s a mystery how the CBO can make its evaluation without once mentioning that individuals easily will be able to go without insurance while they are healthy and then buy insurance after they get sick.” The entire proposal allows Democrats to “avoid electoral accountability over the urgent health care needs of the people they say they’re trying to help but won’t.” [Washington Times, 10/12/2009]
AHIP Defends Study - Ignagni defends the study and says the lobbying firm did not release it to undermine the Finance Committee’s attempt to craft an acceptable reform bill. She says the industry’s main concern is getting everyone involved in health care to work together to bring costs down. There is a strong need, she says, to “encourage all the other stakeholders to participate in a broader effort so that they can too lend a hand and get costs under control in a much more effective way than we would.… We don’t see comprehensive cost control in any legislation.” [MSNBC, 10/12/2009]
PWC Backs Off from Study - Late in the evening, PWC issues a statement noting that the study only examined “a small slice” of the health care reform initiative, and saying that if other provisions in the reform package succeed in lowering costs, then the estimates of cost increases claimed in the study would be inaccurate (see October 12, 2009).
Entity Tags: America’s Health Insurance Plans, Anthony D. Weiner, Jonathan Gruber, Congressional Budget Office, Ezra Klein, Jonathan Cohn, Wendell Potter, John D. Rockefeller, PriceWaterhouseCoopers, Karen Ignagni, Washington Times, Obama administration, Joshua Micah Marshall, Reid Cherlin, Senate Finance Committee
Timeline Tags: US Health Care
PriceWaterhouseCoopers (PWC), the services and accounting firm that recently released a controversial study funded by the health care insurance lobbying firm America’s Health Insurance Plans (AHIP—see October 11, 2009 and October 11-12, 2009), backs away from claims that the report is comprehensive. Politico’s Chris Frates writes that the statement “basically sa[ys], ‘Hey, we weren’t paid to evaluate the effects of the entire bill, but rather a small slice of it.’ The statement only seems to reinforce critics’ view that the report is skewed precisely because it doesn’t take into account the totality of reform.” PWC’s statement concludes, “If other provisions in health care reform are successful in lowering costs over the long term, those improvements would offset some of the impacts we have estimated.” Frates explains, “In other words, PWC is saying if reform’s cost containment measures work, their estimate could be wrong.” [Politico, 10/13/2009]
The Middle District Court of Georgia levies a $20,000 fine on “birther” lawyer Orly Taitz. The court accuses Taitz, who has filed a lawsuit alleging that President Obama is not a US citizen and asking the court to bar his deployment of military personnel overseas (see September 16-21, 2009), of wasting the time and resources of the Georgia court system. The judgment, issued by Judge Clay Land, against Taitz calls her “delusional.” The judgment finds: “Counsel Orly Taitz is hereby ordered to pay $20,000.00 to the United States, through the Middle District of Georgia Clerk’s Office, within 30 days of the date of this order as a sanction for her misconduct in violation of Rule 11 of the Federal Rules of Civil Procedure.” Land writes: “The Court finds that counsel’s conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel’s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court’s show cause order is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court.… Counsel’s frivolous and sanctionable conduct wasted the defendants’ time and valuable judicial resources that could have been devoted to legitimate cases pending with the Court. When she filed the Rhodes case, counsel indicated that it was urgent that the matter be heard because her client was facing imminent deployment. The Court rearranged its schedule, took time to read the legal papers, and conducted preliminary research in preparation for the hearing. The Army had to activate its legal team on short notice, sending a major from the Army Litigation Division in Washington, DC, and a captain from the CONUS Replacement Center at Ft. Benning. In addition, the Assistant US Attorney had to accompany them. Like the Court, the government attorneys had to prepare in an expedited manner for the hearing. During the week preceding Captain Rhodes’s deployment, the Court was in the midst of a jury trial. Therefore, the Court had to alter the trial schedule to conduct the hearing during an extended lunch break, thus affecting other counsel and jurors. The Clerk’s Office was burdened by Ms. Taitz’s inability to follow the Court’s rules regarding pro hac vice admission and the Court’s rules for electronic filing. On five separate occasions in a short period, the Clerk’s Office personnel error-noticed counsel for her failure to follow simple rules. At the hearing, counsel failed to make coherent legal arguments but instead wasted the Court’s time with press conference sound bites and speeches.” [Washington Independent, 10/13/2009] Land notes that in one of her filings, Taitz accused him of meeting secretly with Attorney General Eric Holder outside the court. Holder had actually been thousands of miles away that day, giving a speech in Los Angeles. [Washington Examiner, 7/7/2010] Land includes a footnote that says one of Taitz’s supporters had contacted him, challenged him to a “round of fisticuffs on the Courthouse Square,” and asserted that “the president is not human.” Taitz says she will appeal the judgment, and accuses Land of being in the pocket of the “oppressive” Obama administration. “He’s scared to go against the regime,” she says. “He’s trying to intimidate me and other lawyers to stay away from this issue.” [Orange County Register, 10/16/2009] An appeals court will reject Taitz’s appeal and order her to pay the $20,000 (see March 15, 2010). [Columbus Ledger-Enquirer, 3/15/2010]
Senator Charles Grassley (R-IA), one of the key Republicans in the health care debate (see August 12, 2009 and August 19, 2009), now says that any attempt by Congress to incorporate the so-called “individual mandate” might be unconstitutional. An individual mandate provision, under consideration by Grassley’s Finance Committee, would require Americans to purchase some form of health insurance. “[T]his is the first time in the 225-year history of our country that we have forced you as a constituent, any of our constituents, to buy a product,” he says. “You know, you’ve been free to buy or not buy. But now for the first time you’re going to have to buy health insurance. If you don’t buy it, IRS is going to tax a family $1,500.” Asked, “[I]s that constitutional, forcing somebody to buy it and punishing them through the IRS if they don’t?” Grassley replies: “I’m not a lawyer, but let me tell you, I’ve listened to some lawyers speak on this. And you know, it’s a relatively new issue. I don’t think we’ve ever had this issue before of having to buy something. And a lot of constitutional lawyers, saying it is unconstitutional or at least in violation of the 10th Amendment. Now maybe states can do this, but can the federal government? So, I have my doubts.” Progressive news and advocacy Web site Think Progress notes that in June 2009, Grassley said “there isn’t anything wrong with” mandates and that he believed there was “a bipartisan consensus to have individual mandates.” The site also notes that the US Constitution provides for the federal government’s right to enact wide-ranging regulatory programs, a power generally upheld by the Supreme Court. [NewsMax, 10/14/2009; Think Progress, 10/15/2009]
Former Govenor Mike Huckabee (R-AR), a Fox News host and a presumed 2012 presidential candidate, calls the passage of the 17th Amendment “one of the dumbest things we ever did in this country.” Huckabee, appearing as a guest on Fox News Radio’s Brian & the Judge, also says that Republicans should consider calling for the repeal of the 16th Amendment, saying, “I think we ought to talk about repealing the 16th Amendment, which authorizes the IRS.” He then says that Americans should “talk about—this is one of those things that senators would never agree, but one of the dumbest things we ever did in this country was the 17th Amendment.” He adds: “The original Constitution and the way we operated for the first 120 years of our existence, senators were appointed by state legislators to represent the broader interests of the states to make sure the federal government didn’t take too much power into itself. And most people don’t even remember that. But we have had an increasing problem of too much centralization of federal power at the expense of local and state governments—the antithesis of our Constitution—because we’ve put all this power in the popular election of senators and representatives.” [Media Matters, 10/16/2009] The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. The 17th Amendment provides for the direct election of US senators, rather than their selection by state legislators, in part to eliminate cronyism and corruption in their ascension to the US Capitol. It was signed into law by President Woodrow Wilson in 1913. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for their repeal, joined by some members of Congress (see 1951-1967 and April 28, 1999). [Media Matters, 9/7/2010; Legal Information Institute, 2011; Legal Information Institute, 2011]
President Barack Obama signs the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act into law. The new law authorizes the Justice Department to investigate and prosecute violent attacks in which the perpetrator has targeted a victim because of his or her actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. The law is part of a larger defense authorization bill. “This law honors our lesbian, gay, bisexual, and transgender brothers and sisters whose lives were cut short because of hate,” says Human Rights Campaign president Joe Solmonese. “Today’s signing of the first major piece of civil rights legislation to protect LGBT [lesbian, gay, bisexual, and transgendered] Americans represents a historic milestone in the inevitable march towards equality.” A statement released by 29 LGBT groups says, in part: “It took much too long, more than a decade. And it came at too great a price: the brutal killings of Matthew Shepard (see October 9, 1998 and After) and James Byrd Jr. (see June 7, 1998 and After) are just two among the thousands of crimes motivated by hate and bigotry.… [L]awmakers and the president have made an imperative statement to the country and the world: Our nation will no longer tolerate hate-motivated violence against lesbian, gay, bisexual, and transgender (LGBT) people.” The legislation has languished in Congress for nearly a decade, largely because of conservative opposition. Representative Mike Pence (R-IL), one of the harshest critics of the new law, accuses Obama of signing the bill as part of his “radical agenda” that puts his “liberal social priorities ahead of an unambiguous affirmation of our men and women in uniform.” Pence adds: “Every day, our armed forces stand in defense of freedom and our cherished way of life. It is deeply offensive to their service and to millions of Americans to pile so-called ‘hate crimes’ legislation onto a bill that authorizes critical resources for our troops. Hate crimes legislation is antithetical to the First Amendment, unnecessary, and will have a chilling effect on religious freedom.” [Fox News, 10/28/2009; New England Bay Windows, 10/28/2009] The law was included in the National Defense and Authorization Act of 2009 in part to weaken Republican opposition. Many Republicans such as Pence railed against the bill in both the House and Senate, but many voted for the legislation despite their opposition to the act. Many Republicans have criticized the placement of the law into the defense authorization legislation. Many conservative organizations, such as the Christian group Focus on the Family (FOTF), says the new law creates “thought crimes” by outlawing not just actions, but beliefs and attitudes. FOTF and Congressional Republicans such as Representative Steve King (R-IA) have also claimed that the new law legitimizes pedophilia and other illegal sexual practices, ignoring findings by legal and political analysts who called such claims “preposterous.” [St. Petersburg Times, 5/14/2009; Colorado Independent, 10/9/2009]
Entity Tags: Matthew Shepard, Steve King, Joe Solmonese, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, Focus on the Family, Barack Obama, James Byrd, Jr, Mike Pence
Timeline Tags: Civil Liberties, Domestic Propaganda
Judge David Carter. [Source: HubPages (.com)]US District Court Judge David Carter dismisses a lawsuit brought by a group claiming that President Obama was born in Kenya and, therefore, is not qualified to be president (see August 1-4, 2009). Carter lambasts lead lawyer Orly Taitz, ruling that he is “deeply concerned” that Taitz “may have suborned perjury through witnesses she intended to bring before this court.” Carter notes in his ruling that he has received “several sworn affidavits” showing that Taitz “asked potential witnesses” to lie under oath. Additionally, he rules, Taitz engaged in “improper and unethical” conduct by encouraging her supporters to phone and write him in an “attempt to influence this Court’s decision.” Carter rules that Taitz and her co-plaintiffs have not presented any usable evidence to bolster their claim of Obama’s supposed Kenyan citizenship. Instead, Taitz “favored rhetoric seeking to arouse the emotions and prejudices of her followers rather than the language of a lawyer seeking to present arguments through cogent legal reasoning.” Taitz’s inflammatory rhetoric, Carter finds, “often hampered the efforts of her co-counsel, Gary Kreep… to bring serious issues before the Court.” Carter rules that he exhibited “extreme patience” with Taitz and Kreep’s filings, noting that while Taitz and Kreep filed their lawsuit on January 20, 2009, they failed to serve the defendants in the case until August 25, 2009, and only then after repeated court orders to do so. “Taitz also continually refused to comply with court rules and procedures,” he notes, and even tried to get Magistrate Judge Arthur Nakasato removed from the original case because Nakasato required her to follow the court rules. And, he writes, Taitz attempted to dismiss two of her clients from the suit because she did not wish to work with their co-counsel. “Plaintiffs have encouraged the Court to ignore [the] Constitution; to disregard the limits on its power put in place by the Constitution; and to effectively overthrow a sitting president who was popularly elected by ‘We the People’—over sixty-nine million of the people,” Carter writes. “Plaintiffs have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution which set forth its jurisdiction. Respecting the constitutional role and jurisdiction of this Court is not unpatriotic. Quite the contrary, this Court considers commitment to that constitutional role to be the ultimate reflection of patriotism.” [The Smoking Gun, 10/29/2009; United States District Court for the Central District of California, 10/29/2009] Taitz and Kreep have filed a similar lawsuit with failed presidential candidate Alan Keyes, which has also been dismissed (see November 12, 2008 and After and March 13, 2009). Taitz was recently fined $20,000 for judicial misconduct (see October 13-16, 2009).
An Oklahoma law requiring that information about abortions be made public goes into effect. The law requires the collection of personal details about the women who have abortions, and mandates that the information be posted on a public Web site. The information includes:
Date of abortion;
County in which abortion performed;
Age of mother;
Marital status of mother (married, divorced, separated, widowed, or never married);
Race of mother;
Years of education of mother (specify highest year completed);
State or foreign country of residence of mother;
Total number of previous pregnancies of the mother, including live births, miscarriages, and induced abortions.
The law does not collect names, addresses, or “any information specifically identifying the patient.” However, pro-choice group Feminists for Choice notes that the information that is collected can easily be used to identify a woman, especially in a smaller community. “They’re really just trying to frighten women out of having abortions,” says Keri Parks of Planned Parenthood. The Center for Reproductive Rights is challenging the law. [Think Progress, 10/8/2009] Salon columnist Lynn Harris writes: “According to proponents of the law, this extensive abortion data—which will include the reason the procedure was sought—will help health officials prevent future abortions. Yeah, I can see that. Because the requirement itself would scare the sh_t out of me.” Harris continues: “It isn’t unique for a state to post health data on its Web site. However, Oklahoma’s requirements are by far the most extensive as such. The law’s supporters claim they want this information to be made public so it can be used for ‘academic research,’ but according to the Center for Reproductive Rights, its collection method makes it useless for that purpose.” [Salon, 10/7/2009]
Fox News host Glenn Beck accuses Missouri law enforcement officials of covering up the “savage beating” allegedly suffered by tea party activist Kenneth Gladney at the hands of “union thugs” at an August town hall forum in St. Louis (see August 6-8, 2009 and August 8, 2009). Beck asks: “Why haven’t charges been filed? I would like to know what game is being played.” Apparently Beck’s questioning of the lack of prosecution of Gladney’s “assailants” is sparked by a recent blog post by conservative Matthew Vadum, who alleges that the “cover-up” is being mounted because of the involvement of Buffy Wicks, the deputy director of the White House Office of Public Engagement, whom Vadum says organized an “Obama truth squad” at the St. Louis town hall forum. Media Matters columnist Eric Boehlert writes, “[T]he right-wing’s selfish, and often comical, attempt to turn Kenneth Gladney into a political martyr continues to be a sad spectacle to watch.” [Matthew Vadum, 11/4/2009; Media Matters, 11/5/2009] Misdemeanor assault charges will be filed against two union members (see Late November, 2009); both will be found innocent of any wrongdoing (see July 12, 2011). The only person injured in the altercation was one of the union members (see Mid-August, 2009), though Gladney falsely claimed to have suffered severe injuries in the altercation.
Most of the defendants are found guilty at a trial of dozens of US and Italian officials over the rendition of Islamist radical Hassan Mustafa Osama Nasr (a.k.a. Abu Omar—see Noon February 17, 2003). Twenty-three US officials are convicted, the most high-profile being former CIA officers Robert Seldon Lady and Sabrina de Sousa, as well as Air Force Lieutenant Colonel Joseph Romano. [Reuters, 11/4/2009] Lady gets the heaviest sentence, eight years, whereas de Sousa, Romano, and the other Americans—Monica Adler, Gregory Asherleigh, Lorenza Carrera, Drew Channing, John Duffin, Vincent Faldo, Raymond Harbaough, James Harbison, Ben Amar Harty, Cynthia Logan, George Purvis, Pilar Rueda, Joseph Sofin,
Michalis Vasiluou, Eliana Castaldo, Victor Castellano, John Gurley, Brenda Ibanez, Anne Lidia Jenkins, and James Kirkland—get five years. [Reuters, 11/4/2009; International Commission of Jurists, 11/24/2009 ] Judge Oscar Magi finds three US officials not guilty as they have diplomatic immunity. They are the CIA’s former Rome station chief Jeff Castelli, whose “brainchild” the abduction was (see Before February 17, 2003), former first secretary at the US embassy in Rome Ralph Russomando, and former second secretary Betnie Medero. Prosecutor Armando Spataro says he may appeal the decision to grant them diplomatic immunity. Five agents of the Italian military intelligence service SISMI are also not convicted. The officials, including former SISMI head Nicolo Pollari, get off because evidence against them is suppressed on state secrecy grounds (see March 2009). However, two junior SISMI agents are convicted and sentenced to three years in prison as accomplices. [Reuters, 11/4/2009]
Entity Tags: Nicolo Pollari, Monica Adler, Oscar Magi, Michalis Vasiluou, Pilar Rueda, SISMI, Raymond Harbaough, Vincent Faldo, Ralph Russomando, Victor Castellano, Robert Seldon Lady, Sabrina De Sousa, Joseph Sofin, Lorenza Carrera, John Gurley, Brenda Ibanez, Joseph L. Romano III, Ben Amar Harty, Armando Spataro, Anne Lidia Jenkins, Central Intelligence Agency, Cynthia Logan, Betnie Medero, Eliana Castaldo, Jeff Castelli, John Duffin, James Kirkland, Drew Channing, Gregory Asherleigh, George Purvis, James Harbison
Timeline Tags: Torture of US Captives
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