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Reflecting on the Bush administration’s decision to create “military commissions” to try terror suspects (see November 13, 2001), John Bellinger, the former legal adviser to the National Security Council during much of the Bush administration, says: “A small group of administration lawyers drafted the president’s military order establishing the military commissions, but without the knowledge of the rest of the government, including the national security adviser, me, the secretary of state, or even the CIA director. And even though many of the substantive problems with the military commissions as created by the original order have been resolved by Congress in response to the Supreme Court’s decision in the Hamdan case (see June 30, 2006), we have been suffering from this original process failure ever since.” [Vanity Fair, 2/2009]
Yale economist Robert Schiller reflects on the genesis of the economic recession, tracing it back in part to policies pursued by the Bush administration for the 2004 presidential election effort. At that time, Schiller warned of a “housing bubble” caused by a plethora of bad loans and toxic debt, and called for re-regulation of the housing markets. His warnings were ignored. Schiller says: “The Bush strategists were aware of the public enthusiasm for housing, and they dealt with it brilliantly in the 2004 election by making the theme of the campaign the ownership society. Part of the ownership society seemed to be that the government would encourage home ownership and, therefore, boost the market. And so Bush was playing along with the bubble in some subtle sense. I don’t mean to accuse him of any—I think it probably sounded right to him, and the political strategists knew what was a good winning combination. I don’t think that he was in any mode to entertain the possibility that this was a bubble. Why should he do that? Attention wasn’t even focused on this. If you go back to 2004, most people were just—they thought that we had discovered a law of nature: that housing, because of the fixity of land and the growing economy and the greater prosperity, that it’s inevitable that this would be a great investment. It was taken for granted.” John C. Dugan, the comptroller of the currency since 2005, says he believes a lack of regulation caused the “housing bubble.” Dugan says: “A lot of mortgages got made to people who could not afford them and on terms that would get progressively worse over time, and that created the seeds of an even bigger problem. As the whole market became even more dependent on house-price appreciation, when house prices flattened and then started to decline the whole situation began to unravel. The question you have to ask yourself: Why did credit become so easy? Why would lenders make mortgages that became increasingly less likely to be repaid? Part of the answer is that there was a huge chunk of the mortgage market that was not regulated to any significant extent. The overwhelming proportion of subprime loans were being done in entities that were not banks and not regulated as banks—I’m talking here about mortgage brokers and non-bank mortgage lenders that could originate these mortgages and then sell them to Wall Street firms that could package them into new kinds of mortgage securities, which arguably could take into account the lower credit risks and still be salable to investors worldwide. Unfortunately, the theory was not in accord with the reality. Although they thought they had accurately gauged that risk, they too were in fact depending—when you get to the bottom of it—on house prices continuing to go up and up and up. And they did not.” [Vanity Fair, 2/2009]
Alberto Mora, the former general counsel for the Navy and a harsh critic of the Bush administration’s torture policies (see January 23-Late January, 2003), says: “I will tell you this: I will tell you that General Anthony [Antonio] Taguba, who investigated Abu Ghraib, feels now that the proximate cause of Abu Ghraib were the OLC memoranda that authorized abusive treatment (see November 6-10, 2001 and August 1, 2002). And I will also tell you that there are general-rank officers who’ve had senior responsibility within the Joint Staff or counterterrorism operations who believe that the number one and number two leading causes of US combat deaths in Iraq have been, number one, Abu Ghraib, number two, Guantanamo, because of the effectiveness of these symbols in helping recruit jihadists into the field and combat against American soldiers.” [Vanity Fair, 2/2009]
Reflecting on the failure of the Bush administration to make its case on Iraq and the detrimental effect it had on the Bush presidency’s popularity with the American people, former Bush communications director Dan Bartlett says: “At the end of the day I think the divisiveness of this presidency will fundamentally come down to one issue: Iraq. And Iraq only because, in my opinion, there weren’t weapons of mass destruction. I think the public’s tolerance for the difficulties we face would’ve been far different had it felt like the original threat had been proved true. That’s the fulcrum. Fundamentally, when the president gets to an approval rating of 27 percent, it’s this issue.” [Vanity Fair, 2/2009]
Henry Paulson, the former secretary of the treasury, explains how the recession and market destruction came about on his watch. Part of his problem was his admitted lack of knowledge about regulation and regulatory authorities. “I easily could imagine and expected there to be financial turmoil,” he says. “But the extent of it, okay, I was naive in terms of—I knew a lot about regulation but not nearly as much as I needed to know, and I knew very little about regulatory powers and authorities. I just had not gone into it in that kind of detail. This’ll be the longest we’ve gone in recent history without there being turmoil, and given all the innovation in the private pools of capital and the over-the-counter derivatives and the excesses around the world, we figured that when there was turmoil, and these things were tested for the first time by stress, it would be more significant than anything else. I said at the time, I have a concern that every rally we’re going to have in the financial markets will be a false rally until we break the back of the price correction in real estate. And these things are never over until you have a couple of institutions go that surprise everyone. Bear Stearns can hardly be a shock (see March 15, 2008). But having said that, it’s one thing to see it intellectually and it’s another to see where we are.” [Vanity Fair, 2/2009]
Two senior Bush administration officials reflect on the executive order denying any Geneva Convention protections to Taliban and al-Qaeda detainees (see February 7, 2002).
Jack Goldsmith, formerly head of the Office of Legal Counsel (OLC) at the Justice Department, says: “To conclude that the Geneva Conventions don’t apply—it doesn’t follow from that, or at least it shouldn’t, that detainees don’t get certain rights and certain protections. There are all sorts of very, very good policy reasons why they should have been given a rigorous legal regime whereby we could legitimatize their detention. For years there was just a giant hole, a legal hole of minimal protections, minimal law.” Lawrence Wilkerson, the chief of staff for Secretary of State Colin Powell, recalls: “Based on what the secretary and [State Department legal adviser William] Taft were telling me, I think they both were convinced that they had managed to get the president’s attention with regard to what they thought was the governing document, the Geneva Conventions. I really think it came as a surprise when the February memo was put out. And that memo, of course, was constructed by [Cheney chief counsel David] Addington, and I’m told it was blessed by one or two people in OLC. And then it was given to [Vice President] Cheney, and Cheney gave it to the president. The president signed it.” [Vanity Fair, 2/2009]
Anthony Cordesman. [Source: Voice of America]The Bush administration touted its “surge” of additional forces in Iraq (see January 10, 2007) as “a game-changer,” bringing what it described as “peace and stability” to the beleagured nation. In retrospect, national security expert Anthony Cordesman agrees to a point. “We can all argue over the semantics of the word ‘surge,’ and it is fair to say that some goals were not met,” he tells a reporter. “We didn’t come close to providing additional civilian-aid workers that were called for in the original plan. And often it took much longer to achieve the effects than people had planned. But the fact was that this was a broad political, military, and economic strategy, which was executed on many different levels. And credit has to go to General [David] Petraeus, General [Raymond] Odierno, and Ambassador [Ryan] Crocker for taking what often were ideas, very loosely defined, and policies which were very broadly stated, and transforming them into a remarkably effective real-world effort. It’s important to note that we made even more mistakes in Afghanistan than we did in Iraq. We were far slower to react, but in both cases we were unprepared for stability operations; we had totally unrealistic goals for nation building; at a political level we were in a state of denial about the seriousness of popular anger and resistance, about the rise of the insurgency, about the need for host-country support and forces; and we had a singularly unfortunate combination of a Secretary of Defense [Donald Rumsfeld] and a Vice President [Dick Cheney] who tried to win through ideology rather than realism and a Secretary of State [Condoleezza Rice] who essentially stood aside from many of the issues involved. And in fairness, rather than blame subordinates, you had a president who basically took until late 2006 to understand how much trouble he was in in Iraq and seems to have taken till late 2008 to understand how much trouble he was in in Afghanistan.” [Vanity Fair, 2/2009]
Lawrence Wilkerson, former chief of staff for Secretary of State Colin Powell, reflects on the perception of the incoming Bush administration’s foreign policy approach in 2001. Wilkerson says: “We had this confluence of characters—and I use that term very carefully—that included people like Powell, Dick Cheney, Condi Rice, and so forth, which allowed one perception to be ‘the dream team.’ It allowed everybody to believe that this Sarah Palin-like president [the governor of Alaska, known for her ignorance of foreign affairs]—because, let’s face it, that’s what he was—was going to be protected by this national security elite, tested in the cauldrons of fire. What in effect happened was that a very astute, probably the most astute, bureaucratic entrepreneur I’ve ever run into in my life became the vice president of the United States. He became vice president well before George [W.] Bush picked him. And he began to manipulate things from that point on, knowing that he was going to be able to convince this guy to pick him, knowing that he was then going to be able to wade into the vacuums that existed around George Bush—personality vacuum, character vacuum, details vacuum, experience vacuum.” [Vanity Fair, 2/2009]
The Westboro Baptist Church (WBC), a small, virulently anti-gay organization in Topeka, Kansas, led by pastor Fred Phelps (see November 27, 1955 and After), announces its intention to travel to the United Kingdom to protest a performance of The Laramie Project, a highly respected play that documents the hate murder of gay student Matthew Shepard and how the incident impacted the Wyoming community (see October 14, 1998). The WBC protested at Shepard’s funeral, and tried unsuccessfully to raise a “monument” to Shepard vilifying him for being gay (see October 3, 2003). In response, the UK bans both Phelps and WBC church leader Shirley Phelps-Roper from entering its borders. [Southern Poverty Law Center, 2012]
Logo of the Federation for American Immigration Reform (FAIR). [Source: FAIR / Attack Machine (.com)]The Southern Poverty Law Center (SPLC) identifies three powerful organizations at the center of the American “nativist” movement, which helps drive the anti-immigration sentiment in the country. The three are the Federation for American Immigration Reform (FAIR), the Center for Immigration Studies (CIS), and NumbersUSA. FAIR is the nation’s pre-eminent anti-immigration lobbying group. CIS is an “independent” think tank. NumbersUSA calls itself a grassroots organizing group. The SPLC calls the three groups “fruits of the same poisonous tree.” All three are the product of what the SPLC calls “a network of restrictionist organizations.” The person who “conceived and created” this network is a Michigan eye doctor named John Tanton. Tanton is one of the most powerful and influential anti-immigration activists in the nation, and for decades has been deeply involved in white supremacist and openly racist organizations. He is affiliated with the founders of a eugenicist foundation called “a neo-Nazi organization” in media reports. He has written about the need for white dominance in America, calling for “a European-American majority” to control all aspects of American society, and has made numerous anti-Semitic assertions. FAIR is listed as a hate group by the SPLC, in part because of its acceptance of $1.2 million in donations from the Pioneer Fund, which the SPLC calls “a group founded to promote the genes of white colonials that funds studies of race, intelligence, and genetics.” FAIR boasts self-proclaimed white supremacists as its board members, some of whom write for racist publications. CIS was conceived by Tanton and is an offshoot of FAIR. CIS has produced false and misleading data that it has attempted, with some success, to feed into the mainstream media that purports to show that minorities are damaging to the nation. One example cited by the SPLC is an item from CIS reprinted by the National Review, which falsely claimed it had data proving that a bank, Washington Mutual, collapsed after working to bring Hispanic employees on board. NumbersUSA is the outgrowth of another organization, US Inc., a Tanton foundation designed to funnel money to white supremacist groups. The head of NumbersUSA was a prominent employee of US Inc. The SPLC concludes: “Together, FAIR, CIS, and NumbersUSA form the core of the nativist lobby in America. In 2007, they were key players in derailing bipartisan, comprehensive immigration reform that had been expected by many observers to pass. Today, these organizations are frequently treated as if they were legitimate, mainstream commentators on immigration. But the truth is that they were all conceived and birthed by a man who sees America under threat by non-white immigrants. And they have never strayed far from their roots.” [Southern Poverty Law Center, 2/2009]
In the weeks before his murder on May 31, 2009, Dr. George Tiller, who provides late-term abortions as part of his medical practice, has a feeling something major is planned. Other abortion rights advocates across the country will later say they notice an uptick in incidents and threats before the shooting: more people at protests, more clinic vandalism, and more singling-out of doctors. Tiller’s colleague Susan Hill will recall: “I said, ‘George, I think there’s something coming.’ He said, ‘I do, too.’ Strange things were happening in our Mississippi clinic and in North Carolina. He admitted that for the first time, he really believed that something was going to go down.” Warren Hern, one of the handful of remaining doctors who perform late-term abortions, will say he is not receiving the protection he needs from constant harassment at his Boulder, Colorado, clinic: “I’m practicing medicine. I’m doing something legal. Why should I have to spend tens or hundreds of thousands of dollars, millions of dollars, to keep from getting shot and to protect my patients? This is madness.” [Kansas City Star, 6/5/2009]
FedUpUSA, a group of investors in Troy, Michigan, issues a call for people to send tea bags to Congress as a sign of their disapproval of Democratic economic policies. The group calls the event a “Commemorative Tea Party.” This will become one of the earliest events in the history of the “tea party” movement. [Institute for Research & Education on Human Rights, 8/24/2010] Nineteen days later, CNBC commentator Rick Santelli will launch what he calls an unplanned, “impromptu” rant against the Obama administration’s economic policies, in which he will call for a “tea party” protest (see February 19, 2009).
Wall Street Journal editorial board member Stephen Moore, appearing as a guest on Fox News host Glenn Beck’s show, compares Social Security to “a big Ponzi scheme.” Moore and Beck are discussing the issue of the US debt, and Moore compares the cycle of different government agencies buying and selling portions of the debt to one another to Social Security, saying: “It’s very much like the way Social Security works. It’s a big Ponzi scheme. It’s like a big vault of IOUs.” [Media Matters, 2/2/2009; Media Matters, 9/7/2010] Beck will later call Social Security a “Stalinist” program designed to forcibly redistribute wealth to poorer citizens (see January 27, 2010).
George W. Bush’s former political guru Karl Rove echoes incorrect statements made by former Bush lawyer John Yoo. In an op-ed, Yoo claimed that President Obama’s prohibition against torture, and the mandate for US interrogators to use the Army Field Manual as their guide, prevents interrogators from using long-established, non-invasive techniques to question prisoners (see January 29, 2009). In an address at Loyola Marymount University, Rove tells his listeners: “The Army Field Manual prohibits ‘good cop, bad cop.’ All that stuff you see on CSI—the Army Field Manual prohibits it.… If you stop collecting that information, you begin to make America more at risk.” [Torrance Daily Breeze, 2/3/2009] Both Rove and Yoo are wrong. The Army Field Manual explicitly permits many of the “coercive techniques, threats and promises, and the good-cop bad-cop routines” Yoo and Rove claim it bans. [Army, 9/2006]
PBS’s Nova series broadcasts “The Spy Factory,” an examination of the National Security Agency’s domestic surveillance program. The program is crafted by author and national security expert James Bamford with PBS producer Scott Willis. One portion of the broadcast shows a representation of the enormous data flow of Internet communications entering the US from Asia at Morro Bay, California, and then goes to a small AT&T facility in San Luis Obispo. “If you want to tap into international communications, it seems like the perfect place is San Luis Obispo,” Bamford narrates. “That’s where 80 percent of all communications from Asia enters the United States.” However, the NSA taps into the AT&T datastream much farther north, in AT&T’s Folsom Street facility in San Francisco (see October 2003 and Late 2003). According to former AT&T technician Mark Klein (see July 7, 2009 and May 2004), the NSA would have far more access to domestic communications by tapping into the dataflow at the San Francisco facility. He will later write, “This fact belies the government’s claims that they’re only looking at international communications.” [Klein, 2009, pp. 50-51; PBS, 2/3/2009]
Former Vice President Dick Cheney says that because of the Obama administration’s new policies, there is what he calls a “high probability” that terrorists will attempt a catastrophic nuclear or biological attack in coming years. “If it hadn’t been for what we did—with respect to the terrorist surveillance program (see After September 11, 2001 and December 15, 2005), or enhanced interrogation techniques for high-value detainees (see September 16, 2001 and November 14, 2001, among others), the Patriot Act (see October 26, 2001), and so forth—then we would have been attacked again,” says Cheney. “Those policies we put in place, in my opinion, were absolutely crucial to getting us through the last seven-plus years without a major-casualty attack on the US.” The situation has changed, he says. “When we get people who are more concerned about reading the rights to an al-Qaeda terrorist (see January 22, 2009) than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans, then I worry,” he says. Protecting the country’s security is “a tough, mean, dirty, nasty business,” he continues. “These are evil people. And we’re not going to win this fight by turning the other cheek.” He calls the Guantanamo detention camp, which President Obama has ordered shut down (see January 22, 2009), a “first-class program” and a “necessary facility” that is operated legally and provides inmates better living conditions than they would get in jails in their home countries. But the Obama administration is worried more about its “campaign rhetoric” than it is protecting the nation: “The United States needs to be not so much loved as it needs to be respected. Sometimes, that requires us to take actions that generate controversy. I’m not at all sure that that’s what the Obama administration believes.” Cheney says “the ultimate threat to the country” is “a 9/11-type event where the terrorists are armed with something much more dangerous than an airline ticket and a box cutter—a nuclear weapon or a biological agent of some kind” that is deployed in the middle of an American city. “That’s the one that would involve the deaths of perhaps hundreds of thousands of people, and the one you have to spend a hell of a lot of time guarding against. I think there’s a high probability of such an attempt. Whether or not they can pull it off depends whether or not we keep in place policies that have allowed us to defeat all further attempts, since 9/11, to launch mass-casualty attacks against the United States.” [Politico, 2/4/2009] Cheney has warned of similarly dire consequences to potential Democratic political victories before, before the 2004 presidential elections (see September 7, 2004) and again before the 2006 midterm elections (see October 31, 2006).
Two British High Court judges rule against releasing documents describing the torture and abuse of Guantanamo detainee Binyam Mohamed (see May-September, 2001). The judges cite threats from the US government as shaping their decision, saying that the US had threatened to withhold intelligence cooperation from Britain if the information on Mohamed’s treatment were made public.
Confession through Torture, Detainee Alleges - Mohamed is a British resident who was arrested in Pakistan in 2002 (see September 2001 - April 9, 2002). He was initially charged with planning a “dirty bomb” attack in the US (see November 4, 2005); those charges were later dropped (see October-December 2008), but he has allegedly confessed to being an al-Qaeda operative and remains in detention without charges. Mohamed says that the confession was tortured out of him during his detention in secret prisons in Pakistan (see April 10-May, 2002 and May 17 - July 21, 2002), Morocco (see July 21, 2002 -- January 2004), and Afghanistan (see January-September 2004), and later in Guantanamo. During his incarcerations at these various prisons, he says he was beaten, deprived of sleep, and had his genitals cut with a scalpel. Mohamed’s attorneys argue that he has committed no crime and is a victim of torture and rendition by US officials, with British cooperation (see February 24, 2009). [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]
Judges, Lawmakers 'Dismayed' at US Threats - In their decision, Judges John Thomas and David Lloyd Jones write, “We did not consider that a democracy governed by the rule of law would expect a court in another democracy to suppress a summary of the evidence… relevant to allegations of torture and cruel, inhumane, or degrading treatment, politically embarrassing though it might be.” [Washington Post, 2/5/2009] They are dismayed that “there would be made a threat of the gravity of the kind made by the United States government, that it would reconsider its intelligence-sharing relationship” with Britain, one of its closest allies, if the British government made the summary public. [Los Angeles Times, 2/5/2009] They warn that a US withdrawal from intelligence-sharing could “inflict on the citizens of the United Kingdom a very considerable increase in the dangers they face at a time when a serious terrorist threat” remains. Conservative member of parliament David Davis tells the House of Commons, “The government is going to have to do some pretty careful explaining about what’s going on.” It is absolutely inappropriate for the US to have “threatened” the British government, Davis says: “The ruling implies that torture has taken place in the Mohamed case, that British agencies may have been complicit, and further, that the United States government has threatened our High Court that if it releases this information the US government will withdraw its intelligence cooperation with the United Kingdom.… Frankly, it is none of their business what our courts do.”
Lawyer Objects - Clive Stafford Smith, Mohamed’s attorney, says that by not disclosing the evidence, Britain is guilty of “capitulation to blackmail.… The judges used the word ‘threat’ eight times. That’s a criminal offense right there. That’s called blackmail. Only the Mafia have done that sort of stuff.” Smith continues: “It is hardly Britain’s finest hour. As the judges say, it is up to President Obama to put his money where his mouth is. He must repudiate his predecessor’s reprehensible policy.”
Prime Minister Knows Nothing of Threats - Officials in Prime Minister Gordon Brown’s office say they know nothing of any threats from Obama officials. “We have not engaged with the new administration on the detail of this case,” says a Brown spokesman. But British Foreign Secretary David Miliband notes: “Matters regarded as secret by one government should be treated as secret by others. For it to be called into question would pose a serious and real risk to continuing close intelligence-sharing with any government.” Miliband notes that the British government has made “strenuous efforts” to have Mohamed released (see August 2007). [New York Times, 2/4/2009; Washington Post, 2/5/2009]
ACLU Asks for Clarification - The American Civil Liberties Union (ACLU) has sent a letter to Secretary of State Hillary Clinton, asking that she clarify the Obama administration’s position on the Mohamed case and to reject what it described as the Bush administration’s policy of using false claims of national security to avoid judicial review of controversial programs. According to ACLU head Anthony Romero, “The latest revelation is completely at odds with President Obama’s executive orders that ban torture and end rendition, as well as his promise to restore the rule of law.” State Department spokesman Robert Wood refuses to comment on the judges’ statement, saying, “It’s the first I’ve heard of it.” [Washington Post, 2/5/2009; Los Angeles Times, 2/5/2009]
Entity Tags: Robert Wood, John Thomas, Binyam Mohamed, Anthony D. Romero, American Civil Liberties Union, Bush administration (43), Obama administration, Clive Stafford Smith, David Lloyd Jones, David Davis, Gordon Brown, David Miliband, Hillary Clinton
Timeline Tags: Torture of US Captives
Leon Panetta. [Source: San Diego Union-Tribune]President Obama’s pick to head the CIA, former Clinton administration chief of staff Leon Panetta, says that the CIA will not carry out “extraordinary renditions” under his tenure. Sparked by recent claims that the Obama administration intends to continue such extraordinary renditions, Senator Dianne Feinstein (D-CA) asks Panetta during his Senate confirmation hearings, “Will the CIA continue the practice of extraordinary rendition by which the government will transfer a detainee to either a foreign government or a black site for the purpose of long-term detention and interrogation, as opposed to for law enforcement purposes?” Panetta says, “No we will not.” He adds, “[B]ecause under the executive order signed by the president (see January 22, 2009), that kind of extraordinary rendition, where we send someone for the purposes of torture or for actions by another country that violate our human values—that has been forbidden by the executive order.” Panetta goes on to note the difference between “extraordinary rendition” and law enforcement rendition. [Think Progress, 2/5/2009]
Pete Sessions. [Source: Washington Post]Representative Pete Sessions (R-TX), the chairman of the National Republican Congressional Committee, says that House Republicans should become political “insurgents” to oppose and undermine the Obama administration, specifically its economic proposals, and says the GOP can learn from the example of the Taliban. “Insurgency, we understand perhaps a little bit more because of the Taliban,” he tells editors of the conservative National Journal. “And that is that they went about systematically understanding how to disrupt and change a person’s entire processes. And these Taliban—I’m not trying to say the Republican Party is the Taliban. No, that’s not what we’re saying. I’m saying an example of how you go about [sic] is to change a person from their messaging to their operations to their frontline message. And we need to understand that insurgency may be required when the other side, the House leadership, does not follow the same commands, which we entered the game with.” Sessions complains that neither President Obama nor House Democrats have attempted to work with Republicans in a truly bipartisan fashion. “If they do not give us those options or opportunities then we will then become insurgency of a nature to where we do those things that are necessary to making sure the American public knows what we think the correct answer is. So we either work together, or we’re going to find a way to get our message out.” Sessions says he is not comparing House Republicans to the Taliban: “I simply said one can see that there’s a model out there for insurgency.” Sessions is interrupted by an aide, who explains that Sessions is merely trying to express the need for Republicans to start thinking about how to act strategically as the minority party. Sessions blames House Speaker Nancy Pelosi (D-CA) for the Republicans’ new approach: “I think insurgency is a mindset and an attitude that we’re going to have to search for and find ways to get our message out and to be prepared to see things for what they are, rather than trying to do something about them. I think what’s happened is that the line was drawn in the sand” by Pelosi. [National Journal, 2/5/2009] At a House Republicans’ retreat the week before, Sessions told fellow Republicans that they “need to get over the idea that they’re participating in legislation and ought to start thinking of themselves as ‘an insurgency’ instead.” [Think Progress, 2/5/2009]
MSNBC host Keith Olbermann slams former Vice President Dick Cheney for Cheney’s recent warnings concerning the policies of President Obama (see February 4, 2009). Olbermann calls Cheney’s remarks a “destructive and uninformed diatribe… that can only serve to undermine the nation’s new president, undermine the nation’s effort to thwart terrorism, and undermine the nation itself.” Cheney said that the Obama administration seems “more concerned about reading the rights to an al-Qaeda terrorist than they are with protecting the United States against people who are absolutely committed to do anything they can to kill Americans.” Olbermann responds by asking: “What delusion of grandeur makes you think you have the right to say anything like that? Because a president, or an ordinary American, demands that we act as Americans and not as bullies; demands that we play by our rules; that we preserve, protect, and defend the Constitution of the United States; you believe we have chosen the one and not the other? We can be Americans, or we can be what you call ‘safe’—but not both?” Olbermann says that the Bush-Cheney policies—the so-called “Bush System,” as recently dubbed by former Bush administration lawyer John Yoo (see January 29, 2009)—“[s]tart[ed] the wrong war, detain[ed] the wrong people, employ[ed] the wrong methods, pursue[d] the wrong leads, utilize[d] the wrong emotions.” He continues: “We, sir, will most completely assure our security not by maintaining the endless, demoralizing, draining, life-denying blind fear and blind hatred which you so thoroughly embody. We will most easily purchase our safety by repudiating the ‘Bush System.’ We will reserve the violence for which you are so eager, sir, for any battlefield to which we truly must take, and not for unconscionable wars which people like you goad and scare and lie us into. You, Mr. Cheney, you terrified more Americans than did any terrorist in the last seven years, and now it is time for you to desist, or to be made to desist. With damnable words like these, sir, you help no American, you protect no American, you serve no American—you only aid and abet those who would destroy this nation from within or without.” [MSNBC, 2/5/2009]
Upon his return from a brief tour of the Guantanamo detention facility (see January 30, 2009), Senator James Inhofe (R-OK) delivers a speech on the floor of the Senate recommending that the facility remain open, despite President Obama’s decision to close it (see January 22, 2009). Inhofe says, “The military detention facilities at GTMO meet the highest international standards and are a fundamental part of protecting the lives of Americans from terrorism.” He says “[t]he detainees are being treated humanely,” there are “two lawyers for every detainee that has been charged or had charges preferred against them,” and there is one health care professional for every two detainees, ensuring that they receive the highest level of medical care (see April-May 2002, August 8, 2002-January 15, 2003, and March 10-April 15, 2007). Guantanamo “is the only complex in the world that can safely and humanely hold these individuals who pose such a grave security risk to the US,” Inhofe insists. “It is a secure location away from population centers, provides the maximum security required to prevent escape, provides multiple levels of confinement opportunities based on the compliance of the detainee, and provides medical care not available to a majority of the population of the world.” He goes on: “Furthermore, GTMO is the single greatest repository of human intelligence in the war on terror. This intelligence has prevented terrorist attacks and saved lives in the past and continues to do so today (see Summer 2000 and November 30, 2008). New intelligence is continually being collected from detainees at GTMO and is being used to fight terrorists in Iraq, Afghanistan and around the globe.” Since the US “will continue to capture, hold and detain enemy combatants,” he says, “we require a location to safely detain and care for these detainees.” [US Senate, 2/5/2009] Fellow Republican Senator Richard Burr (R-NC), who joined Inhofe on the tour, agrees, saying that the Guantanamo facility is “well thought out and in keeping with our nation’s highest ideals.” Burr adds that it is the US guards, not the prisoners, who are being mistreated: “If anyone receives mistreatment at Guantanamo, it is the guard force. They must endure frequent verbal and physical attacks from detainees while maintaining the highest standard of care for those same individuals.” [US Senate, 2/2/2009] Neither Inhofe nor Burr address the hunger strike among Guantanamo detainees, nor the allegations that prisoners are being force-fed and beaten (see February 8, 2009). Satyam Khanna of the left-leaning website Think Progress notes: “It is unclear how Inhofe and his conservative colleagues failed to see 50 detainees on hunger strike, some near death, while touring the prison. Conveniently, none of the senators alerted the public to these facts upon their return.” [Think Progress, 2/9/2009]
Binyam Mohamed. [Source: Independent]A lawyer for a Guantanamo detainee demands the release of her client because he is near death. Lieutenant Colonel Yvonne Bradley is in London to ask that her client, British resident Binyam Mohamed (see May-September, 2001), who is still in Guantanamo even though all charges against him have been dropped (see October-December 2008), be released. Through Bradley, Mohamed claims that he has been repeatedly tortured at the behest of US intelligence officials (see April 10-May, 2002, May 17 - July 21, 2002, July 21, 2002 -- January 2004, and January-September 2004). Bradley says that Mohamed is dying in his cell. Mohamed and some twenty other detainees are so unhealthy that they are on what Bradley calls a “critical list.”
Hunger Strike, Beatings - Fifty Guantanamo detainees, including Mohamed, are on a hunger strike, and are being strapped to chairs and force-fed; those who resist, witnesses say, are beaten. Mohamed has suffered drastic weight loss, and has told his lawyer that he is “very scared” of being attacked by guards after witnessing what The Guardian describes as “a savage beating for a detainee who refused to be strapped down and have a feeding tube forced into his mouth.” Bradley is horrified at Mohamed’s description of the state of affairs in the prison. She says: “At least 50 people are on hunger strike, with 20 on the critical list, according to Binyam. The JTF [the Joint Task Force running Guantanamo] are not commenting because they do not want the public to know what is going on. Binyam has witnessed people being forcibly extracted from their cell. SWAT teams in police gear come in and take the person out; if they resist, they are force-fed and then beaten. Binyam has seen this and has not witnessed this before. Guantanamo Bay is in the grip of a mass hunger strike and the numbers are growing; things are worsening. It is so bad that there are not enough chairs to strap them down and force-feed them for a two- or three-hour period to digest food through a feeding tube. Because there are not enough chairs the guards are having to force-feed them in shifts. After Binyam saw a nearby inmate being beaten it scared him and he decided he was not going to resist. He thought, ‘I don’t want to be beat, injured or killed.’ Given his health situation, one good blow could be fatal.… Binyam is continuing to lose weight and he is going to get worse. He has been told he is about to be released, but psychologically and physically he is declining.”
Demanding Documents to Prove Torture, Rendition - Bradley is also demanding documents that she says will prove her client was tortured, and may also prove British complicity in Mohamed’s treatment (see February 24, 2009). An American court in San Francisco is also slated to hear evidence that Mohamed was subjected to “extraordinary rendition” by the CIA, where Mohamed and other prisoners were sent to other countries that tortured them. That lawsuit was originally dismissed when the Bush administration asserted “state secrets privilege” (see March 9, 1953), but lawyers for Mohamed refiled the case hoping that the Obama administration would be less secretive.
US Intelligence Wants Mohamed Dead? - The Guardian also notes that “some sections of the US intelligence community would prefer Binyam did die inside Guantanamo.” The reason? “Silenced forever, only the sparse language of his diary would be left to recount his torture claims and interviewees with an MI5 officer, known only as Witness B. Such a scenario would also deny Mohamed the chance to personally sue the US, and possibly British authorities, over his treatment.” [Guardian, 2/8/2009]
A Justice Department official says that the Obama administration will continue to assert the so-called “state secrets privilege” (see March 9, 1953) in a lawsuit filed by Guantanamo detainee Binyam Mohamed (see February 8, 2009). In the case Mohamed et al v Jeppesen Dataplan, Inc, Mohamed and four former detainees are suing a Boeing subsidiary, Jeppesen Dataplan, for cooperating with the CIA in subjecting them to “extraordinary rendition,” flying them to foreign countries and secret overseas CIA prisons where, they say, they were tortured. The case was thrown out a year ago, but the American Civil Liberties Union (ACLU) has appealed it. According to a source inside the Ninth US District Court, a Justice Department lawyer tells the presiding judge that its position has not changed, that the new administration stands behind arguments that the previous administration made, with no ambiguity at all. The lawyer says the entire subject matter remains a state secret. According to Justice Department spokesman Matt Miller, “It is the policy of this administration to invoke the state secrets privilege only when necessary and in the most appropriate cases, consistent with the United States Supreme Court’s decision in Reynolds that the privilege not ‘be lightly invoked.’” Miller adds that Attorney General Eric Holder is conducting a review of all state secret privilege matters. “The Attorney General has directed that senior Justice Department officials review all assertions of the State Secrets privilege to ensure that the privilege is being invoked only in legally appropriate situations,” Miller says. “It is vital that we protect information that, if released, could jeopardize national security. The Justice Department will ensure the privilege is not invoked to hide from the American people information about their government’s actions that they have a right to know. This administration will be transparent and open, consistent with our national security obligations.” The ACLU’s Anthony Romero says that the Obama administration is doing little besides offering “more of the same.” He continues: “Eric Holder’s Justice Department stood up in court today and said that it would continue the Bush policy of invoking state secrets to hide the reprehensible history of torture, rendition, and the most grievous human rights violations committed by the American government. This is not change. This is definitely more of the same. Candidate Obama ran on a platform that would reform the abuse of state secrets, but President Obama’s Justice Department has disappointingly reneged on that important civil liberties issue. If this is a harbinger of things to come, it will be a long and arduous road to give us back an America we can be proud of again.” ACLU attorney Ben Wizner, who argued the case for Mohamed and the other plaintiffs, adds: “We are shocked and deeply disappointed that the Justice Department has chosen to continue the Bush administration’s practice of dodging judicial scrutiny of extraordinary rendition and torture. This was an opportunity for the new administration to act on its condemnation of torture and rendition, but instead it has chosen to stay the course. Now we must hope that the court will assert its independence by rejecting the government’s false claims of state secrets and allowing the victims of torture and rendition their day in court.” [ABC News, 2/9/2009]
Betsy McCaughey (R-NY), the former lieutenant governor of New York and a fellow at the conservative Hudson Institute, writes that health care provisions in the Obama administration’s economic stimulus plan will affect “every individual in the United States.” McCaughey writes: “Your medical treatments will be tracked electronically by a federal system. Having electronic medical records at your fingertips, easily transferred to a hospital, is beneficial. It will help avoid duplicate tests and errors. But the bill goes further. One new bureaucracy, the National Coordinator of Health Information Technology, will monitor treatments to make sure your doctor is doing what the federal government deems appropriate and cost effective. The goal is to reduce costs and ‘guide’ your doctor’s decisions.” McCaughey says the provisions are similar to suggestions in the book Critical: What We Can Do About the Health Care Crisis, by former Senate Majority Leader Tom Daschle (D-SD), until recently Obama’s pick to head the Department of Health and Human Services. McCaughey writes that hospitals and doctors who do not use the system will be punished, by a federal oversight board to be called the Federal Coordinating Council for Comparative Effectiveness Research. Perhaps most worrisome is McCaughey’s claim that elderly Americans will be given reduced health care based on their age and expected productivity. “Medicare now pays for treatments deemed safe and effective. The stimulus bill would change that and apply a cost-effectiveness standard set by the Federal Council,” she writes. “The Federal Council is modeled after a UK board discussed in Daschle’s book. This board approves or rejects treatments using a formula that divides the cost of the treatment by the number of years the patient is likely to benefit. Treatments for younger patients are more often approved than treatments for diseases that affect the elderly, such as osteoporosis. In 2006, a UK health board decreed that elderly patients with macular degeneration had to wait until they went blind in one eye before they could get a costly new drug to save the other eye. It took almost three years of public protests before the board reversed its decision.… If the Obama administration’s economic stimulus bill passes the Senate in its current form, seniors in the US will face similar rationing. Defenders of the system say that individuals benefit in younger years and sacrifice later. The stimulus bill will affect every part of health care, from medical and nursing education, to how patients are treated and how much hospitals get paid. The bill allocates more funding for this bureaucracy than for the Army, Navy, Marines, and Air Force combined.” [Bloomberg News, 2/9/2009] McCaughey’s claims are very similar to the ones she made against the Clinton administration’s attempt to reform health care in 1994 (see Mid-January - February 4, 1994). They will be proven false (see July 23, 2009).
Ben Wizner, an attorney with the American Civil Liberties Union (ACLU) representing five plaintiffs suing a Boeing subsidiary for participating in their extraordinary rendition and torture (see February 9, 2009, says it is remarkable that the Obama administration is opposing the lawsuit. Wizner notes that the entire claim of “state secrets” advocated by the Justice Deparment in its quest to have the lawsuit thrown out is based on two sworn declarations from former CIA Director Michael Hayden. One was made public and one was filed secretly with the court. In those declarations, Hayden argued that courts cannot become involved in the case because to do so would be to disclose and thus degrade secret CIA programs of rendition and “harsh interrogation.” Wizner notes that President Obama ordered those programs shut down (see January 22, 2009). He says it is difficult to see how the continuation of the lawsuit could jeopardize national security when the government claims to have terminated the programs that are being protected. Salon pundit Glenn Greenwald writes: “What this is clearly about is shielding the US government and Bush officials from any accountability. Worse, by keeping Bush’s secrecy architecture in place, it ensures that any future president—Obama or any other—can continue to operate behind an impenetrable wall of secrecy, with no transparency or accountability even for blatantly criminal acts.” [Salon, 2/9/2009]
Fox News graphic making disproven claims about Congressional health care reform proposals. [Source: Media Matters]The Wall Street Journal, Fox News anchors, conservative Web news purveyor Matt Drudge, and conservative radio host Rush Limbaugh promulgate a discredited claim by health care lobbyist Betsy McCaughey that the economic recovery bill pending in Congress includes a provision that would have the government “essentially dictate treatments” for sick Americans. McCaughey wrote a commentary for Bloomberg News on February 9 that makes the claim (see February 9, 2009); Drudge and Limbaugh echo and add to the claim the same day. The next day, the Wall Street Journal’s senior economic writer, Stephen Moore, appearing on Fox News’s flagship morning news broadcast America’s Newsroom, joins news anchors Bill Hemmer and Megyn Kelly in promoting the same claim (see October 13, 2009), with Moore saying that the provision would “hav[e] the government essentially dictate treatments.” Moore credits Limbaugh with informing him of the claim, saying: “I just learned of this myself yesterday. In fact, Rush Limbaugh made a big deal out of it on his radio show and it just—it caused all sorts of calls into congressional offices.” On February 10, Limbaugh takes credit for spreading the claim, telling listeners: “Betsy McCaughey writing at Bloomberg, I found it. I detailed it for you, and now it’s all over mainstream media. Well, it’s—it headlined Drudge for a while last night and today. Fox News is talking about it.” McCaughey is wrong in the claim: according to an analysis of the legislative language by progressive media watchdog Media Matters, “the language in the House bill that McCaughey referenced does not establish authority to ‘monitor treatments’ or restrict what ‘your doctor is doing’ with regard to patient care but, rather, addresses establishing an electronic records system such that doctors would have complete, accurate information about their patients ‘to help guide medical decisions at the time and place of care.’” Moore says: “[T]his news story really has exploded on the public scene in just the last 24 hours, Bill. We’ve been just inundated with complaints from people about the implications of having the government essentially dictate treatments.” Moore later goes on to add that the bill “especially will affect elderly people, because one of the ways, if we move more towards a nationalized health care system, as this bill would move us one step towards that, what you have to do to restrain costs—what many other countries do, like Canada and Britain, is they essentially, Bill, ration care. And they tell patients you are eligible for this kind of care, but this is too expensive. And so what this bill would essentially do is set up a kind of pricing mechanism to tell people, yes, we can afford to treat you for this, but not that.” Moore encourages viewers to “express their outrage over this” before Congress takes the issue up. Kelly adds another false claim: that the bill discourages doctors to act on their own judgment and promotes medical decisions “in the spirit of uniform health care.” Kelly notes, “That sounds dangerously like socialized medicine.” Hemmer also makes the false claim that the legislation contains “rules [that] appear to set the stage for health care rationing for seniors, new limits on medical research, and new rules guiding decisions your doctor can make about your health care.” Hemmer calls the provision a “midnight health care insertion” into the Senate spending bill. [Media Matters, 2/10/2009]
Entity Tags: Stephen Moore, Wall Street Journal, Megyn Kelly, Bill Hemmer, Elizabeth (“Betsy”) McCaughey, Fox News, Matt Drudge, Media Matters, Rush Limbaugh
Timeline Tags: US Health Care, Domestic Propaganda, 2010 Elections
Fox News on-air graphic repeating a typo from the original Senate Republican Communications Center press release. [Source: Media Matters]Fox News anchor Jon Scott, co-anchor of the “straight news” program Happening Now, uses research provided in a Senate Republican Communications Center (SRCC) press release to make dubious claims about how the Obama economic recovery plan “grew, and grew, and grew” over time. While Scott reports the claims, Fox displays seven graphics illustrating them. The graphics’ textual content hews so closely to the SRCC’s press release that it even repeats a typographical error found in the original memo. Scott and the on-air graphics cite the SRCC’s original sources for their information, which include Politico, the Congressional Quarterly, the Denver Post, the Washington Times, the New York Times, and the Wall Street Journal, but neither Scott nor the graphics acknowledge the SRCC as the source of the research. The typo is in the seventh and last graphic, incorrectly citing the date of a Wall Street Journal article as “12/19/09.” The next day, Scott apologizes, but only for the typo, prompting Washington Post media critic and CNN host Howard Kurtz to say: “We sometimes jab at the pundits for using talking points, but in the case of Fox News anchor Jon Scott, it was literally true this week.… You should be apologizing for using partisan propaganda from the GOP without telling your viewers where it came from. Talk about missing the point” (see October 13, 2009). [Media Matters, 2/10/2009; Media Matters, 2/15/2009]
Conservative columnist Thomas P. Kilgannon, the president of Freedom Alliance, writes in a piece for the online news magazine Human Events: “Globalists were dismayed because [President] Bush’s rejection of the ICC [International Criminal Court] was a vote for American sovereignty—a refusal to cede authority to international government and a court that is not bound to the principles of the US Constitution, far less our laws. That could change under the Obama administration. Two weeks ago, hope returned to the House of Hammarskjold [referring to the United Nations] when US Ambassador Susan Rice, in a closed [UN] Security Council meeting, voiced support for the ICC.” [Human Events, 2/10/2009; Media Matters, 4/10/2009]
Seattle math teacher and Young Republican member Keli Carender, writing for her blog “Redistributing Knowledge” under the moniker “Liberty Belle,” posts: “Anyone in the Seattle area? I would like to stage a Porkulus Protest here. I know that ‘the most frightening bill on Earth’ has now passed both Houses, but they are going to have to reconcile the two bills, which will take at least a few days, I’m hoping!” (Carender is referring to the recent passage of the federal economic stimulus package.) “If you are at all close to this area, leave a comment that you would be interested in attending. I’m going to go look up the requirements to have a protest around our dear Senators’ offices downtown. Unlike the melodramatic lefties, I do not want to get arrested. I do however want to take a page from their playbook and be loud, obnoxious, and in their faces. If I don’t do something, I might just lie around totally depressed. Who’s with me??” Carender gets a single comment in return, from an anonymous poster promising to mention her idea on his Internet radio show and advising her to “[k]eep up the fight against Marxism and Faux-Bama!” Shortly thereafter, she posts exuberantly, “The protest against the porkulus is on for President’s Day!” She gives the date as February 16, 2009 in Westlake Park, and advises: “The idea is to use what we’ve learned about dissent over the last eight years. We need loud protests with lots noise and visuals. So, what should you bring? Bring AS MANY PEOPLE AS YOU CAN! Bring your families, your friends, neighbors, bring everyone! Bring SIGNS!! Get those craft making juices flowing and make signs and banners and pictures and paintings. Just imagine that you are a left-wing college student with nothing else to do and that should help you get started! Bring something to sit on and appropriate clothing. Most importantly, JUST BRING IT!!!” Carender receives no comments until February 11, when a trickle of positive responses begin appearing. [Keli Carender, 2/10/2009; Keli Carender, 2/10/2009; Huffington Post, 4/15/2009] The term “porkulus” has been popularized by talk show host Rush Limbaugh, in reference to the economic stimulus package, which Limbaugh says is loaded with “pork” for Democratic Congress members. [Institute for Research & Education on Human Rights, 8/24/2010] Carender’s rally is later considered one of the seminal events in the nascent “tea party” movement (see February 16-17, 2009).
The Washington Times spins off a recent op-ed by health industry lobbyist Betsy McCaughey (see February 9, 2009) to claim that the Obama administration will attempt to save money by euthanizing old people, disabled people, and sickly infants. The editorial begins with the “chilling” idea of a national medical information database that will allow the government to “track… your every visit to a health care provider—where you went, who you saw, what was diagnosed, and what care was provided.” The Obama administration, the Times claims, will use that information to decide which people deserve the more expensive lifesaving treatments and which ones must be denied in the interest of cost efficiency. “If it costs too much to treat you, and you are nearing the end of your life anyway, you may have to do with less, or with nothing,” the Times writes. “You just aren’t worth the cost.… What nondescript GS-11 will be cutting care from Aunt Sophie after her sudden relapse before he or she heads to the food court for some stir fry?” The elderly, the physically and mentally disabled, all “whose health costs are great and whose ability to work productively in the future” will, the Times writes, be allowed to die or even exterminated. So will premature babies, badly wounded soldiers, and others as yet to be determined. The Times again cites Nazi Germany’s “T4 Aktion” program of forcibly euthanizing less productive citizens (see November 23, 2008) as a likely template for the Obama program. [Washington Times, 2/11/2009]
Sean Hannity, a Fox News host who also hosts a daily radio show, has conservative columnist Ann Coulter as a guest on his radio show. Coulter and Hannity warn listeners that President Obama wants to “tak[e] our guns and schools and doctors.” Coulter says: “[B]y the way, the NRA [National Rifle Association] also has information on how they [the Obama administration] are going to be expanding the concept of national parks to include, you know, highways running from Rhode Island to Virginia. National parks have gun bans imposed throughout.” Of the American Recovery and Reinvestment Act, the enormous Obama-backed economic recovery plan that includes large government-financed bailouts of several large corporations, Coulter says: “This bill is so much worse than earmarks and pork. This is a total government takeover, and Big Brother coming in and taking our guns and schools and doctors.” Hannity agrees with Coulter’s claims. [Media Matters, 4/9/2009]
Keli Carender, a Seattle blogger and Young Republicans member who is organizing a rally to protest the Obama economic stimulus package (see February 10, 2009), is interviewed on a local Fox News radio show hosted by Kirby Wilbur, a board member of the Young America’s Foundation. The YAF is one of the organizations that produces the Conservative Political Action Conference. Carender does not mention the interview on her blog, but some of those who comment on her posts mention the Wilbur interview. [Keli Carender, 2/10/2009; Huffington Post, 4/15/2009] Carender’s rally is later considered one of the seminal events in the nascent “tea party” movement (see February 16-17, 2009).
The American Civil Liberties Union (ACLU) and other human rights organizations release over a thousand pages of government documents obtained through the Freedom of Information Act (FOIA). The documents provide new details of the Bush administration’s treatment of prisoners in its “global war on terror.” Among other things, the documents show a much closer collaboration between the CIA and the Defense Department than initially believed; the Defense Department was intimately involved with the CIA’s practices of indefinite “ghost” detentions and torture. The documents confirm the existence of a previously “undisclosed detention facility” at Afghanistan’s Bagram Air Base and details of the extensive abuse and torture of prisoners at that facility. They also show that the Defense Department worked to keep the Red Cross away from its detainees by refusing to register their capture with the International Committee of the Red Cross (ICRC) for two weeks or more, “to maximize intelligence collection,” a practice the Defense Department officials acknowledged in their private communications to be illegal under the Geneva Conventions.
CIA, Defense Department in Collusion? - The Center for Constitutional Rights notes, “These policies demonstrate the ease with which the CIA could have used DOD facilities as ‘sorting facilities’ without having to worry about ICRC oversight or revelation of the ghost detainee program.” The documents also include e-mails sent to Defense Department Transportation Command officials recommending that a number of prisoners slated for release from Guantanamo be detained longer, for fear of negative press coverage (see February 17, 2006). [AlterNet, 2/13/2009] “These newly released documents confirm our suspicion that the tentacles of the CIA’s abusive program reached across agency lines,” says Margaret Satterthwaite of New York University’s International Human Rights Clinic. “In fact, it is increasingly obvious that defense officials engaged in legal gymnastics to find ways to cooperate with the CIA’s activities. A full accounting of all agencies must now take place to ensure that future abuses don’t continue under a different guise.”
Heavy Redactions Thwart Intent of FOIA - Amnesty International’s Tom Parker notes that much of the information in the documents was blacked out before its release. “Out of thousands of pages, most of what might be of interest was redacted,” he says. “While the sheer number of pages creates the appearance of transparency, it is clear this is only the tip of the iceberg and that the government agencies have not complied with spirit of President Obama’s memo on Freedom of Information Act (FOIA) requests (see January 21, 2009). We call on Attorney General Eric Holder and the Obama administration to put teeth into the memo and work actively to comply with FOIA requests.” [Center for Constitutional Rights, 2/12/2009]
Entity Tags: US Department of Defense, Geneva Conventions, Central Intelligence Agency, Center for Constitutional Rights, Amnesty International, American Civil Liberties Union, International Committee of the Red Cross, Obama administration, International Human Rights Clinic, New York University, Margaret Satterthwaite, Tom Parker
Timeline Tags: Torture of US Captives, Civil Liberties
Unsuccessful House candidate Steve Beren (R-WA), now working for an Internet marketing firm, begins promoting a rally organized by Seattle blogger Keli Carender (see February 10, 2009). According to Beren, he became aware of Carender’s rally by hearing interviews with her on radio shows hosted by Kirby Wilbur (see (February 11, 2009)) and David Boze. An hour after Beren’s announcement, Carender announces that she will again be interviewed by Boze, and says Beren will speak at her rally. [Keli Carender, 2/12/2009; Steve Beren, 2/16/2009; Huffington Post, 4/15/2009] Carender’s rally is later considered one of the seminal events in the nascent “tea party” movement (see February 16-17, 2009).
The Justice Department is holding back on publicly releasing an internal department report on the conduct of former department officials involved in approving waterboarding and other torture techniques. The department’s Office of Professional Responsibility (OPR), led by H. Marshall Jarrett, completed the report in the final weeks of the Bush administration. The report probes whether the legal advice given in crucial interrogation memos “was consistent with the professional standards that apply to Department of Justice attorneys.” According to knowledgeable sources, the report harshly criticizes three former department lawyers: John Yoo, Jay Bybee, and Steven Bradbury, all former members of the department’s Office of Legal Counsel. But then-Attorney General Michael Mukasey and his deputy, Mark Filip, objected to the draft. Filip wanted the report to be “balanced” with responses from the three principals. The OPR is now waiting on the three to respond to the draft’s criticisms before presenting the report to Attorney General Eric Holder. “The matter is under review,” says Justice Department spokesman Matthew Miller. The OPR report could be forwarded to state bar associations for possible disciplinary actions against any or all of the three. But Bush-era officials feel the probe is inherently unfair. “OPR is not competent to judge [the opinions by Justice Department attorneys]. They’re not constitutional scholars,” says a former Bush lawyer. Mukasey criticized the report, calling it “second-guessing” and says that Yoo, Bybee, and Bradbury operated under “almost unimaginable pressure” after 9/11, and offered “their best judgment of what the law required.” OPR investigators looked into charges by former OLC chief Jack Goldsmith and others that the legal opinions provided by the three were “sloppy,” legally dubious, and slanted to give Bush administration officials what they wanted. [Newsweek, 2/14/2009; Newsweek, 2/16/2009] Some of the report is later leaked to the press (see February 22, 2009).
Entity Tags: Jay S. Bybee, Eric Holder, Bush administration (43), Jack Goldsmith, US Department of Justice, Matthew Miller, Office of Professional Responsibility, Mark Filip, John C. Yoo, Michael Mukasey, Steven Bradbury, H. Marshall Jarrett
Timeline Tags: Torture of US Captives, Civil Liberties
Nationally prominent conservative blogger Michelle Malkin promotes an anti-economic stimulus rally in Seattle being organized by an area math teacher, Keli Carender (see February 10, 2009 and February 12, 2009), writing: “There should be one of these in every town in America. What are you doing?” Malkin also posts a response from Carender expressing her gratitude at the mention, and adding: “I wanted to give the Coloradans some advice for gathering folks there, and believe me, you have the time. I got the permit for the park here on Tuesday, and now look, by Sunday, it is ALL OVER THE PLACE. I emailed everyone I knew. I emailed friend’s parents who I knew were Conservative, I emailed my parents’ friends, bloggers, etc. I called everyone I could think of, policy think tanks, ‘movers and shakers’ in the Seattle Republican Party, Conservative organizations, college professors, etc. (From this I have forged a relationship with the chairwoman of the National Black Republican Association who is going to write a statement for me to read, as she cannot get to Seattle on Monday.) I called local Conservative talk radio stations and they have been running it all week. I lived and breathed this thing for four days, which did cause me to miss a couple of things here and there, but it is totally worth it. Basically everyone, you just have to do it. Call up your police station or parks department and ask how you can obtain a permit, and then just start advertising. The word will spread. I am only one person, but with a little hard work this protest has become the efforts of A LOT of people. To the people who think this won’t help I say this: this protest will not stop the bill. I have no illusions that it could. I’m hoping for a few things though. One, that the Conservatives and Libertarians and Republicans in Seattle can finally meet each other and see they are not alone. There are actually quite a lot of us here, but we are very quiet, and that MUST STOP. We need to show that we exist. Second, we need to show support for the Republicans and Democrats that voted against the porkulus. If they think, for one second, that they made a bad choice, we have no chance to fight. Third, it sends a message to [President] Obama and [House Speaker Nancy] Pelosi [D-CA] that we are awake and we know what’s happening, and we are not going to take it lying down. It is a message saying, expect more opposition because we’re out here. That’s it! I hope everyone across the country can get something going too!!!” [Michelle Malkin, 2/15/2009; Huffington Post, 4/15/2009] Carender’s rally is later considered one of the seminal events in the nascent “tea party” movement (see February 16-17, 2009). Liberal blogger Jane Hamsher will note, “First [tea party] rally organized on a three week-old blog with help from folks from Fox News Radio, the Young Republicans, the Young America’s Foundation (CPAC—see (February 11, 2009)), and a GOP House candidate who works for an Internet marketing firm.” [Huffington Post, 4/15/2009]
Jonathan Hafetz of the American Civil Liberties Union calls the case of alleged al-Qaeda detainee Ali Saleh Kahlah al-Marri (see June 23, 2003) a key test of “the most far-reaching use of detention powers” ever asserted by the executive branch. Al-Marri has spent five years incarcerated in the Charleston Naval Brig without being charged with a crime. “If President Obama is serious about restoring the rule of law in America, they can’t defend what’s been done to Marri. They would be completely buying into the Bush administration’s war on terror,” he says. Hafetz, who is scheduled to represent al-Marri before the Supreme Court in April, compares the Bush administration’s decision to leave al-Marri in isolation to his client’s being stranded on a desert island. “It’s a Robinson Crusoe-like situation,” he adds. Hafetz says that among the issues to be decided is “the question of who is a soldier, and who is a civilian.” He continues: “Is the fight against terrorism war, or is it not war? How far does the battlefield extend? In the past, they treated Peoria as a battlefield. Can an American be arrested in his own home and jailed indefinitely, on the say-so of the president?” Hafetz wants the Court to declare indefinite detention by executive fiat illegal. He also hopes President Obama will withdraw al-Marri’s designation as an enemy combatant and reclassify him as a civilian; such a move would allow al-Marri to either be charged with crimes and prosecuted, or released entirely. Civil liberties and other groups on both sides of the political divide have combined to file 18 amicus briefs with the Court, all on al-Marri’s behalf. The al-Marri decision will almost certainly impact the legal principles governing the disposal of the approximately 240 detainees still being held at Guantanamo.
Opinion of Former Bush Administration Officials - Former Bush State Department counsel John Bellinger says of his counterparts in the Obama administration: “They will have to either put up or shut up. Do they maintain the Bush administration position, and keep holding [al-]Marri as an enemy combatant? They have to come up with a legal theory.” He says that Obama officials will find it more difficult to put their ideals into action: “Governing is different from campaigning,” he notes, and adds that Obama officials will soon learn that “they can’t just set the clocks back eight years, and try every terror suspect captured abroad in the federal courts.” Former Attorney General John Ashcroft calls keeping al-Marri and other “enemy combatants” locked away without charges or trials a “sound decision” to “maximize the national interest,” and says that in the end, Obama’s approach will be much like Bush’s. “How will he be different?” he asks. “The main difference is going to be that he spells his name ‘O-b-a-m-a,’ not ‘B-u-s-h.’”
Current Administration's Opinion - Obama spokesman Larry Craig sums up the issue: “One way we’ve looked at this is that we own the solution. We don’t own the problem—it was created by the previous administration. But we’ll be held accountable for how we handle this.” [New Yorker, 2/23/2009]
Keli Carender at the Seattle ‘porkulus’ rally. Blogger Michelle Malkin promoted the rally and provided food for the protesters. [Source: Taxing Tennessee (.com)]Covering the anti-economic stimulus “porkulus” rally in Seattle (see February 16-17, 2009), conservative blogger Michelle Malkin uses the term “tea party” in conjunction with the protests, perhaps for the first time. In a blog post largely made up of photos from the Seattle rally, Malkin titles the post “From the Boston Tea Party to your neighborhood pork protest.” Malkin credits Seattle blogger and organizer Keli Carender with single-handedly organizing the rally, though liberal blogger Jane Hamsher will later note that Carender had assistance from Malkin, members of Fox News Radio, a representative of the Young America’s Foundation, and a Republican politician who works for an Internet marketing firm (see February 15, 2009). The conservative blog Instapundit cites protests to follow in Denver, Nashville, and New York City. [Michelle Malkin, 2/16/2009; Huffington Post, 4/15/2009]
Some of the protesters at the ‘Porkulus’ rally in Seattle. [Source: American Typo / Michelle Malkin]A rally in Seattle called “Porkulus,” a term popularized by conservative radio host Rush Limbaugh, draws about 100 participants. The rally is to protest the Obama administration’s economic policies. It is organized by area math teacher Keli Carender, who blogs under the moniker “Liberty Belle.” During the rally, Carender shouts, “We don’t want this country to go down the path to socialism!” eliciting “Hear, hear!” responses. She calls the government’s economic stimulus package (which Limbaugh has dubbed “porkulus”) “the reason we’re in this mess.” She also plays an audiotape of a speech by former President Ronald Reagan. Rally participant Connie White tells a reporter that Congressional Democrats are “ramming things through for their liberal agenda. I’m one of the poor. I used to be middle class. But I don’t want the government helping me.” Carender will become one of the area’s more prominent “tea party” organizers, and after she is brought to Washington, DC, for training by the lobbying group FreedomWorks, becomes part of the nationwide Tea Party Patriots organization. The next day, the day President Obama signs the American Recovery and Reinvestment Act, another “Porkulus” rally occurs in Denver, hours after Obama visits another site in the city to promote the bill. The Denver “Porkulus” rally is sponsored by Americans for Prosperity and the Independence Institute. The next day, CNBC commentator Rick Santelli performs his five-minute “impromptu” rant against the legislation, and calls for “tea party” protests to oppose it (see February 19, 2009). [Publicola, 2/17/2009; Institute for Research & Education on Human Rights, 8/24/2010]
Entity Tags: Tea Party Patriots, Rush Limbaugh, Independence Institute, Keli Carender, Americans for Prosperity, Barack Obama, Rick Santelli, Connie White, FreedomWorks
Timeline Tags: Global Economic Crises, Domestic Propaganda, 2010 Elections
Former 9/11 Commission executive director Philip Zelikow (see Shortly Before January 27, 2003), a former adviser to then-Secretary of State Condoleezza Rice (see February 28, 2005), calls for the US to launch a military strike against North Korea in order to remove that nation’s nuclear weapons capability. Zelikow dismisses Secretary of State Hillary Clinton’s reservations about North Korea’s nuclear program (see February 15, 2009) and writes, “To accept the combination of nuclear weapons and IRBMs or ICBMs in the hands of North Korea is a gamble, betting on deterrence of one of the least well understood governments on earth, in a country now undergoing high levels of internal stress.” Zelikow refers directly to the 2006 call from two former Defense Department officials, Ashton Carter and William Perry, for a military strike against North Korea’s nuclear weapons program (see June 22, 2006), and writes that at the time he believed the call for military action was “premature.” Now, however, “political predicate for the Carter-Perry recommendations has been well laid.” Zelikow recommends that the Obama administration issue the requisite warnings to dismantle the nuclear weapons, and if North Korea refuses to heed the warnings, the US should destroy them. [Foreign Policy, 2/17/2009; Foreign Policy, 10/22/2010]
Protesters in front of the Colorado State Capitol wave anti-Obama, pro-Ayn Rand signs and large ‘checks’ from the federal government representing ‘pork’ spending. [Source: People's Press Collective / Michelle Malkin]Hundreds of protesters gather on the steps of the Colorado State Capitol to protest President Obama’s signing of the economic stimulus legislative package (see February 16, 2009). The rally is organized by, among others, the Colorado chapter of Americans for Prosperity (see Late 2004, February 16-17, 2009, February 19, 2009 and After, and April 2009 and After), the Independence Institute, and blogger Michelle Malkin. Former House Representative Tom Tancredo (R-CO) is one of the speakers, along with a number of state and local Republican politicians. Malkin writes after the rally: “[H]opefully, [the rally] will spur others to move from the phones and computers to the streets. Community organizing helped propel Barack Obama to the White House. It could work for fiscal conservatism, too.” Liberal blogger Jane Hamsher later notes that the Independence Institute is funded by the Coors Foundation’s Castle Rock Foundation, which operates as something of a “mini Heritage Foundation in Colorado.” Beer billionaire and conservative financier Jeffrey Coors sits on the board of the Institute. Hamsher later writes, “According to Michelle Malkin, second rally organized by Koch/Americans for Prosperity, Coors/Independence Institute, former GOP congressman and Independence Institute fellow Tom Tancredo.” [Michelle Malkin, 2/17/2009; Huffington Post, 4/15/2009]
In the case of Kiyemba v Obama the Court of Appeals for the District of Columbia Circuit unanimously blocks a judge’s order to free 17 Chinese Uighurs (see September 17, 2006 and June 30, 2008) from detention in Guantanamo. [New York Times, 2/18/2009; Constitution Project, 2/18/2009]
Not a Threat to the US - The Uighurs, members of a small Muslim ethnic and religious minority, have been in detention for seven years after being captured in Pakistan; they insist they were receiving training to resist Chinese oppression, and never harbored any ill will towards the US or had any intention of participating in attacks on US or US-allied targets. Judge Ricardo Urbina concurred in an October ruling. Even Bush officials had decided not to try to prove the 17 men were “enemy combatants”; instead, they said that they would continue imprisoning them because they had “trained for armed insurrection against their home country” in a Uighur camp in Afghanistan. The Obama administration can choose to release the Uighurs if it can find a country—the US or another nation—to accept the detainees for resettlement. Obama officials do not want to turn the Uighurs over to Chinese authorities for fear that they will be imprisoned and tortured.
Two Rulings, One on Release, One on Habeas Corpus - All three appellate judges agree to overturn Urbina’s order to release the Uighurs, but split 2-1 on a separate question: whether detainees such as the Uighurs have habeas corpus rights to challenge their detention. Two, Judges Arthur Randolph and Karen Henderson, say that the law, as decided by the Supreme Court in the June 2008 Boumediene v Bush case (see June 22, 2008), does not give judges the right to release detainees into the US. “Never in the history of habeas corpus,” the majority opinion finds, “has any court thought it had the power to order an alien held overseas brought into the sovereign territory of a nation and released into the general population.” Judge Judith Rogers dissents, writing that the ruling “ignores the very purpose” of the writ of habeas corpus, which is, she writes, to serve as “a check on arbitrary executive power.” If the court has no legal right to release the Uighurs into the US, Rogers writes, the Boumediene ruling has no meaning. A lawyer for the Uighurs, Susan Baker Manning, says the ruling means innocent people “can spend the rest of their lives in prison even though the US knows it’s a mistake.” [New York Times, 2/18/2009]
Civil Rights Organization 'Disappointed' in Ruling, Calls for Release - Sharon Bradford Franklin of the Constitution Project, a civil rights organization, writes: “We are disappointed by today’s DC Circuit ruling that denies freedom to the 17 men whom the government admits are not ‘enemy combatants’ and yet continues to hold at Guantanamo for a seventh year. President Obama should exercise his power to release the Uighurs into the US. The appellate court’s ruling that the trial court lacked the power to compel the executive branch to release the Uighurs into the United States in no way limits the ability of the executive branch to release the Uighurs on its own. We therefore call on President Obama to choose the right course and evaluate the terms under which the Uighurs may be released into the United States. The writ of habeas corpus is a fundamental constitutional right. For habeas corpus to have meaning, it must permit a court to end wrongful detentions. We regret that today’s decision failed to recognize the court’s ability to check arbitrary detention, such as that suffered by the Uighurs.” [Constitution Project, 2/18/2009]
Conservative syndicated columnist Cal Thomas uses a recent editorial by health care industry lobbyist Betsy McCaughey (see February 9, 2009) to accuse the Obama administration of planning a “euthanasia” program to exterminate hapless Americans. President Obama’s economic stimulus plan, Thomas writes, “means the government will decide who gets life-saving treatment and who doesn’t. It is survival of the fittest in practice.” Thomas then writes that the Obama administration’s support of legal abortions will inevitably lead to “euthanasia” of older and less productive citizens. He quotes a 1979 book by theologian Francis Schaeffer and future Surgeon General C. Everett Koop, Whatever Happened to the Human Race? as saying, “Will a society which has assumed the right to kill infants in the womb—because they are unwanted, imperfect, or merely inconvenient—have difficulty in assuming the right to kill other human beings, especially older adults who are judged unwanted, deemed imperfect physically or mentally, or considered a possible social nuisance?” Thomas then writes, “No one should be surprised at the coming embrace of euthanasia.” Schaeffer and Koop’s prediction that “the next candidates for arbitrary reclassification as nonpersons are the elderly” now “seems to be coming true,” Thomas writes. He also repeats a claim from the 92-year-old Koop that in 1988, he had suffered from an ailment that temporarily paralyzed him. Under Britain’s government-run health care, Koop claims, “I would have been nine years too old to have the surgery that saved my life and gave me another 21 years.” Soon, Thomas writes, “dying will become a patriotic duty when the patient’s balance sheet shows a deficit.” [Tribune Media Services, 2/18/2009]
NWFP Minister Bashir Bilour with Swat Treaty Hasham Ahmed. [Source: Agence France Presse - Getty Images]Pakistan agrees to a truce with Taliban fighters that would impose strict Islamic religious law—sharia—on the Swat Valley in northwest Pakistan, a setback for the Obama administration’s hopes to mount a united front against Islamist militants there and in Afghanistan. The agreement gives the Taliban religious and social control of the Swat region, considered of critical strategic importance in battling insurgents in the wild border region between Pakistan and Afghanistan. James Dobbins, a former Bush administration envoy to Afghanistan, says: “It is definitely a step backwards. The Pakistanis have to take a stronger line with extremists in the region.” Obama administration envoy Richard Holbrooke says, “We are very concerned about Pakistan and stability.” A Pentagon official calls it a “negative development,” but other officials are more circumspect. “What is, of course, important is that we are all working together to fight terrorism and particularly to fight the cross-border activities that some Taliban engage in,” says Pentagon spokesman Gordon Duguid. NATO officials take a tougher stance, with NATO spokesman James Appathurai calling the truce a “reason for concern.” He adds, “Without doubting the good faith of the Pakistani government, it is clear that the region is suffering very badly from extremists and we would not want it to get worse.” Amnesty International official Sam Zarifi says, “The government is reneging on its duty to protect the human rights of people from Swat Valley by handing them over to Taliban insurgents.” [Associated Press, 2/18/2009]
A rally against the Obama economic stimulus plan takes place in Mesa, Arizona, another in a spate of “porkulus” protests (see February 16-17, 2009 and February 17, 2009). The rally is organized by a talk-radio station, KFYI, owned and operated by Clear Channel, the nation’s largest radio ownership cartel. Former Congressman J.D. Hayworth (R-AZ) is a featured speaker and co-host. KFYI shock jock Bruce Jacobs, Hayworth’s fellow host, adds a flavor of racism to the event, pointing to Hispanic demonstrators and saying, “Look at how illiterate some of these illegals are.” [Huffington Post, 4/15/2009]
In a speech at the Nixon Center, neoconservative guru Richard Perle (see 1965 and Early 1970s) attempts to drastically rewrite the history of the Bush administration and his role in the invasion of Iraq. The Washington Post’s Dana Milbank writes that listening to Perle gave him “a sense of falling down the rabbit hole.” Milbank notes: “In real life, Perle was the ideological architect of the Iraq war and of the Bush doctrine of preemptive attack (see 1987-2004, Late December 2000 and Early January 2001, March, 2001, Shortly After September 11, 2001, September 15, 2001, September 19-20, 2001, November 14, 2001, November 14, 2001, November 18-19, 2001, May 2002, August 16, 2002, November 20, 2002, January 9, 2003, February 25, 2003, and March 27, 2003). But at yesterday’s forum of foreign policy intellectuals, he created a fantastic world in which:
Perle is not a neoconservative.
Neoconservatives do not exist.
Even if neoconservatives did exist, they certainly couldn’t be blamed for the disasters of the past eight years.” [Washington Post, 2/20/2009]
Perle had previously advanced his arguments in an article for National Interest magazine. [National Interest, 1/21/2009]
'No Such Thing as a Neoconservative Foreign Policy' - Perle tells the gathering, hosted by National Interest: “There is no such thing as a neoconservative foreign policy. It is a left critique of what is believed by the commentator to be a right-wing policy.” Perle has shaped the nation’s foreign policy since 1974 (see August 15, 1974, Early 1976, 1976, and Early 1981). He was a key player in the Reagan administration’s early attempts to foment a nuclear standoff with the Soviet Union (see Early 1981 and After, 1981 and Beyond, September 1981 through November 1983, May 1982 and After, and October 11-12, 1986). Perle denies any real involvement with the 1996 “Clean Break” document, which Milbank notes “is widely seen as the cornerstone of neoconservative foreign policy” (see July 8, 1996 and March 2007). Perle explains: “My name was on it because I signed up for the study group. I didn’t approve it. I didn’t read it.” In reality, Perle wrote the bulk of the “Clean Break” report. Perle sidesteps questions about the letters he wrote (or helped write) to Presidents Clinton and Bush demanding the overthrow of Saddam Hussein (see January 26, 1998, February 19, 1998, and September 20, 2001), saying, “I don’t have the letters in front of me.” He denies having any influence on President Bush’s National Security Strategy, which, as Milbank notes, “enshrin[ed] the neoconservative themes of preemptive war and using American power to spread freedom” (see May 1, 2001), saying: “I don’t know whether President Bush ever read any of those statements [he wrote]. My guess is he didn’t.” Instead, as Perle tells the audience: “I see a number of people here who believe and have expressed themselves abundantly that there is a neoconservative foreign policy and it was the policy that dominated the Bush administration, and they ascribe to it responsibility for the deplorable state of the world. None of that is true, of course.” Bush’s foreign policy had “no philosophical underpinnings and certainly nothing like the demonic influence of neoconservatives that is alleged.” And Perle claims that no neoconservative ever insisted that the US military should be used to spread democratic values (see 1965, Early 1970s, Summer 1972 and After, August 15, 1974, 1976, November 1976, Late November, 1976, 1977-1981, 1981 and Beyond, 1984, Late March 1989 and After, 1991-1997, March 8, 1992, July 1992, Autumn 1992, July 8, 1996, Late Summer 1996, Late Summer 1996, 1997, November 12, 1997, January 26, 1998, February 19, 1998, May 29, 1998, July 1998, February 1999, 2000, September 2000, November 1, 2000, January 2001, January 22, 2001 and After, March 12, 2001, Shortly After September 11, 2001, September 20, 2001, September 20, 2001, September 20, 2001, September 24, 2001, September 25-26, 2001, October 29, 2001, October 29, 2001, November 14, 2001, November 20, 2001, November 29-30, 2001, December 7, 2001, February 2002, April 2002, April 23, 2002, August 6, 2002, September 4, 2002, November 2002-December 2002, November 12, 2002, February 2003, February 13, 2003, March 19, 2003, December 19, 2003, March 2007, September 24, 2007, and October 28, 2007), saying, “I can’t find a single example of a neoconservative supposed to have influence over the Bush administration arguing that we should impose democracy by force.” His strident calls for forcible regime change in Iran were not what they seemed, he says: “I’ve never advocated attacking Iran. Regime change does not imply military force, at least not when I use the term” (see July 8-10, 1996, Late Summer 1996, November 14, 2001, and January 24, 2004).
Challenged by Skeptics - Former Reagan administration official Richard Burt (see Early 1981 and After and May 1982 and After), who challenged Perle during his time in Washington, takes issue with what he calls the “argument that neoconservatism maybe actually doesn’t exist.” He reminds Perle of the longtime rift between foreign policy realists and neoconservative interventionists, and argues, “You’ve got to kind of acknowledge there is a neoconservative school of thought.” Perle replies, “I don’t accept the approach, not at all.” National Interest’s Jacob Heilbrunn asks Perle to justify his current position with the title of his 2003 book An End to Evil. Perle claims: “We had a publisher who chose the title. There’s hardly an ideology in that book.” (Milbank provides an excerpt from the book that reads: “There is no middle way for Americans: It is victory or holocaust. This book is a manual for victory.”) Perle blames the news media for “propagat[ing] this myth of neoconservative influence,” and says the term “neoconservative” itself is sometimes little more than an anti-Semitic slur. After the session, the moderator asks Perle how successful he has been in making his points. “I don’t know that I persuaded anyone,” he concedes. [Washington Post, 2/20/2009]
'Richard Perle Is a Liar' - Harvard professor Stephen Walt, a regular columnist for Foreign Policy magazine, writes flatly, “Richard Perle is a liar.” He continues: “[K]ey neoconservatives like Douglas Feith, I. Lewis ‘Scooter’ Libby, Paul Wolfowitz, and others [were] openly calling for regime change in Iraq since the late 1990s and… used their positions in the Bush administration to make the case for war after 9/11, aided by a chorus of sympathetic pundits at places like the American Enterprise Institute, and the Weekly Standard. The neocons were hardly some secret cabal or conspiracy, as they were making their case loudly and in public, and no serious scholar claims that they ‘bamboozled’ Bush and Cheney into a war. Rather, numerous accounts have documented that they had been openly pushing for war since 1998 and they continued to do so after 9/11.… The bottom line is simple: Richard Perle is lying. What is disturbing about this case is is not that a former official is trying to falsify the record in such a brazen fashion; Perle is hardly the first policymaker to kick up dust about his record and he certainly won’t be the last. The real cause for concern is that there are hardly any consequences for the critical role that Perle and the neoconservatives played for their pivotal role in causing one of the great foreign policy disasters in American history. If somebody can help engineer a foolish war and remain a respected Washington insider—as is the case with Perle—what harm is likely to befall them if they lie about it later?” [Foreign Policy, 2/23/2009]
Entity Tags: Richard Perle, Jacob Heilbrunn, Lewis (“Scooter”) Libby, George W. Bush, Douglas Feith, Dana Milbank, Bush administration (43), Stephen Walt, Paul Wolfowitz, Richard Burt
Timeline Tags: Events Leading to Iraq Invasion, Neoconservative Influence
Michael Steele. [Source: Washington Times]Michael Steele, the newly elected chairman of the Republican National Committee and one of the few African-American Republicans in public office, says after the 2008 election losses suffered by his party he intends to “rebrand” the Republican Party in a more “hip-hop,” “off the hook” manner to attract minority and younger voters. The party’s principles and stances will not change, he says, but they will be marketed to appeal to “urban-suburban hip-hop settings.” Steele says he will “surprise everyone” with his new public relations initiative, and with his use of 21st-century technology, particularly Internet-based public outreach methods such as Twitter and Facebook. To those who say he is not up for the job, Steele retorts, “Stuff it.” He worries that the Republican Party has become too regionalized. “There was underlying concerns we had become too regionalized and the party needed to reach beyond our comfort” zones, he says, citing election defeats in such states as Virginia and North Carolina. “We need messengers to really capture that region—young, Hispanic, black, a cross section.… We want to convey that the modern-day GOP looks like the conservative party that stands on principles. But we want to apply them to urban-surburban hip-hop settings.… [W]e need to uptick our image with everyone, including one-armed midgets.… Where we have fallen down in delivering a message is in having something to say, particularly to young people and moms of all shapes—soccer moms, hockey moms.” However, he says, “[w]e don’t offer one image for 18-year-olds and another for soccer moms but one that shows who we are for the 21st century.” [Washington Times, 2/19/2009] Steele, the former lieutenant governor of Maryland, lost a race for the US Senate in 2006, where many observers noted that he never mentioned his party affiliation in any of his advertisements. [FactCheck (.org), 10/4/2006]
Mockup of a ‘Palin-Santelli 2012’ campaign poster. [Source: National Review]National Review columnist Kathryn Jean Lopez says that the reaction to CNBC commentator Rick Santelli’s “tea party rant” (see February 19, 2009) has been so strong that she is speculating about the possibility of a presidential ticket for 2012 featuring former Governor Sarah Palin (R-AK) and Santelli: “Palin-Santelli 2012.” She writes: “I’m noticing the tone. I’m seeing the enthusiasm. And I’m digging out from the sheer volume of e-mails I’ve been getting today about that CNBC dude. The reaction to Rick Santelli’s Chicago-trading-floor incident this morning echoes the emotional reaction my inbox had to Sarah Palin’s convention speech this summer. I make no endorsements. It’s just an observation.” She calls Santelli a “sign of life” for a flagging conservative opposition movement. [National Review, 2/19/2009]
Leon Panetta is sworn in as the latest director of the CIA. He was nominated by President Obama shortly after Obama became president, and he replaces Michael Hayden. Unlike many previous CIA directors, he did not rise up through the CIA. He is best known for being chief of staff during the Clinton administration. [Wall Street Journal, 2/19/2009]
CNBC commentator Rick Santelli ‘rants’ about the Obama economic policies. [Source: CNBC / Media Matters]In what is purportedly an impromptu on-air “rant,” CNBC financial commentator Rick Santelli exhorts viewers to join in what he calls a “Chicago tea party” to oppose the Obama administration’s plans to bail out several large financial institutions. Santelli’s rant comes during CNBC’s Squawk Box broadcast. [CNBC, 2/19/2009; CNBC, 2/19/2009] Santelli’s “impromptu rant” is actually preceded by a number of “tea party” protests and activities, and some of the protests’ organizers claim to have given Santelli the idea for his on-air “tea party” statement (see After November 7, 2008, February 1, 2009, and February 16-17, 2009).
'It's Time for Another Tea Party' - Broadcasting from the Chicago Mercantile Exchange, Santelli tells viewers in part: “The government is promoting bad behavior. We certainly don’t want to put stimulus pork and give people a whopping $8 or $10 in their check and think that they ought to save it.… I have an idea. The new administration is big on computers and technology. How about this, Mr. President and new administration. Why don’t you put up a website to have people vote on the Internet as a referendum to see if we really want to subsidize the losers’ mortgages? Or would they like to at least buy buy cars, buy a house that is in foreclosure… give it to people who might have a chance to actually prosper down the road and reward people that can carry the water instead of drink the water? This is America! How many people want to pay for your neighbor’s mortgages that has an extra bathroom and can’t pay their bills? Raise their hand! President Obama, are you listening?… It’s time for another tea party. What we are doing in this country will make Thomas Jefferson and Benjamin Franklin roll over in their graves.” Santelli also compares the US to Cuba: “Cuba used to have mansions and a relatively decent economy,” he says. “They moved from the individual to the collective. Now they’re driving ‘54 Chevys.” [RightPundits, 2/19/2009] Santelli’s “tea party” metaphor is in reference to the Boston Tea Party, a Revolutionary War protest against taxation by America’s British rulers. [New York Daily News, 2/20/2009]
Financial Traders Are the 'Real Americans' - Santelli tells viewers that the “real” Americans are not the working-class citizens trying to pay mortgages larger than they can handle, but the stock traders and other members of the Chicago Mercantile, New York Stock Exchange, and other members of the financial industry. [Business Insider, 2/19/2009] Santelli says, “We’re thinking of having a Chicago Tea Party in July (see After November 7, 2008), all you capitalists that want to show up to Lake Michigan, I’m gonna start organizing.” [Institute for Research & Education on Human Rights, 8/24/2010]
Cheers and Applause - Behind Santelli, traders erupt in cheers and applause at his comments. [College News, 2/20/2009]
Active Promotion of the Video - Within hours, CNBC begins promoting the video of Santelli’s comments, calling it “the rant of the year” and posting it on YouTube and its own website. [CNBC, 2/20/2009]
Protests, Organizations Begin Forming - Within minutes of Santelli’s broadcast, “tea party” organizations and groups begin forming (see February 19, 2009 and After).
More Studied Response - Three days later, Santelli will explain the thinking behind his comments, saying: “America is a great country and we will overcome our current economic setbacks. The issues that currently face us and the solutions to correct them need to be debated, vetted, and openly studied. This should not be an issue about the political left or right. This is an issue of discourse on a topic that affects the foundation and principles that make our country great… free speech, contract law, freedom of the press, and most of all the legacy we leave our children and grandchildren.” [CNBC, 2/22/2009]
Human Rights Organization: 'Racial' Component to Santelli's Rhetoric - In 2010, a report by the Institute for Research & Education on Human Rights (IREHR) will say that “[a]n unstated racial element colored Santelli’s outrage over the Obama administration’s home mortgage rescue plan.” The report will explain that many of the “losers” responsible for the “bad loans” Santelli is criticizing were made by banks that “disproportionately targeted communities of color for subprime loans.” Santelli’s “losers” are largely African-American or Hispanic borrowers who had “been oversold by lenders cashing in on the subprime market. Their situations were worsened by derivatives traders, like Santelli, who packaged and re-packaged those loans until they were unrecognizable and untenable.” [Institute for Research & Education on Human Rights, 8/24/2010]
The media responds strongly to CNBC commentator Rick Santelli’s call for a “tea party” to oppose the Obama economic stimulus. [CNBC, 2/20/2009]
Santelli 'Equally Complicit' in Economic Crisis - Writing for College News, Jon Graef notes that Santelli has opposed virtually all of the Obama economic policies, including all the bailouts of the mortgage and automobile industries. He lauds Santelli for “embracing the democratic possibilities that the Internet allows,” but says that “Santelli and his ilk are equally complicit in the housing/finance crises as those who refused to live responsibly within their means. If Santelli doesn’t like the details of the mortgage bailout, then why is continuing to work in conjunction with an industry that received its own government bailout—and promptly spent it on press releases and product placement?” [College News, 2/20/2009]
'Mad as Hell' - Writer Jerome Corsi, who penned a lurid and highly inaccurate “biography” of President Obama before the 2008 election (see August 1, 2008 and After), notes that some are comparing Santelli’s rant to that of fictional news anchor Howard Beale in the movie Network, where Beale screams, “I’m mad as hell, and I’m not going to take this any more!” [WorldNetDaily, 2/19/2009]
'Investors Have It All Figured Out' - Market analyst Donald Luskin writes that Santelli “went a little bit berserk in his broadcast… warning that all the bailouts, programs, rescues, stabilizations, and stimuli are turning our capitalist nation into Cuba. He got the floor traders so stirred up it seemed for a minute there that an armed revolution was going to start at any moment.” Luskin continues, with at least some sarcasm: “Santelli is right. This country is being rescued to death. The voters may be fooled, for a while at least. But obviously investors have it all figured out.” [Smart Money, 2/20/2009]
'Santelli Hates Poor People' - The avant-garde Washington political gossip blog Wonkette calls Santelli “unlikable” for calling Americans forced to default on their mortgage “losers,” and calls his on-air rant “apesh_t.” Commentator Jim Newell continues, “Maybe Obama’s plan isn’t so great, who knows, but one thing is clear, and that’s that Rick Santelli hates poor people—and by poor people we mean the bottom 50-90 percent of per capita income earners.” [Jim Newell, 2/20/2009]
'Speaking Truth to Ego and the Far Left' - Financial blogger Thomas Smicklas writes that Santelli “sp[oke] truth to ego and the far left.… It is becoming more apparent each day of the new administration those who work hard, save, and are responsible citizens are getting hosed by the practice of class warfare.… Ladies and gentlemen, the politics of vote buying, legal extortion, and the re-distribution of wealth to the lazy and ill-educated has begun in earnest. And we haven’t even touched upon a deteriorating foreign policy. Thanks to CNBC’s Rick Santelli and the workers in the pit that deal in commodities who finally expressed it. We can all be grateful for the lesson.” [Thomas Smicklas, 2/20/2009]
Rewarding Those Who Caused the Bad Lending - The Huffington Post’s Jason Linkins writes that right-wing media figures such as Matt Drudge are “freaking out” over Santelli’s rant, “fomentin’ a revolution on the trading floor of the Chicago Mercantile Exchange. He’s assembled a small army of half-hearted, floor-trading broheims to cheer and hoot as he rails against President Obama’s plan to not immediately foreclose on everybody and kick them out into the streets, because that rewards ‘bad behavior,’ and clearly what we should be doing is rewarding people who incentivized all the risky lending, because until the house of cards collapsed, things were looking pretty for everybody!” [Huffington Post, 3/22/2009]
'Hysteria a la Fox News' - Columnist Mary McNamara calls Santelli’s rant “colorful,” but says Santelli’s “rhetoric/hysteria a la Fox News is damaging to national discourse.” The financial crisis has hit hardest, not in the businesses and mansions of the people Santelli works with, but in the working-poor and lower-middle class families. “They work hard,” she writes. “They weren’t buying luxury homes. Sure, there were a few speculators. But mostly, they just wanted a little piece of the American dream, especially good schools for their kids and closer proximity to their work.” [MultiChannel (.com), 2/19/2009]
'Money for Idiots' - Conservative columnist David Brooks refers to Santelli’s “lustily” delivered rant in defending the necessity for the government to stabilize an economy sliding into chaos. [New York Times, 2/19/2009]
'Pretty Awesome' - New York Magazine’s Jessica Pressler writes that she finds Santelli’s “call for revolution… pretty awesome.” She writes, “Santelli is pissed off about the Obama administration’s bailout measures so far, in particular the housing plan the administration announced yesterday, and he wants America to stand up and revolt before we turn into some kind of not-even-tropical version of Cuba.” [New York Magazine, 2/19/2009]
Favorable Coverage from Limbaugh, Hannity, Drudge - Associated Content’s Mark Whittington notes that Santelli’s rant is garnering tremendous coverage from conservative commentators Rush Limbaugh, Sean Hannity, and Drudge. “More importantly,” he writes, “Santelli’s attack on the Obama mortgage bailout scheme seems to reflect a growing disquiet over President Obama’s spending schemes, which started with the stimulus package, and will now not only include a bailout for mortgages but also a new bailout for the car companies and perhaps even a second stimulus.” [Associated Content, 2/19/2009]
'Almost Inciting a Riot' - Business Insider’s Joe Weisenthal observes: “CNBC’s RIck Santelli is always pugnacious, but he outdid himself today, almost inciting a riot among the traders in Chicago when talking about Obama’s housing plan. Suffice to say, the capitalists on the floor do not want to pay for anyone else’s mortgage. Neither do we. That being said, his insistence that these guys represent the ‘real America’ won’t ultimately play that well among most people.” [Business Insider, 2/19/2009] Progressive columnist and blogger John Amato calls himself “disgusted” at Santelli’s “embarrassing diatribe at the expense of the American people,” and writes that watching Santelli “made me realize that these Wall Street frat boys still don’t get it. America is sick and tired of the riches they have manipulated out of the system and then be lectured by people who make more money than 100 middle class workers put together.” Referring to Santelli’s experience as a trader in the high-risk derivative market, an area that many have blamed for causing much of the economic downturn, Amato writes sarcastically, “The next time I want advice on how to live I’ll be sure to ask a man who was deeply involved in ‘derivatives.’” He concludes: “Don’t blame the crooked mortgage lenders who were having bidding wars to acquire their next mansion, but blame first time buyers or average Americans, the lifeblood of our society and call them ‘losers.’ Santelli needs to own that he is the loser and if it wasn’t for the gasbag insider crowd that gives his words a modicum of respect, crowds would gather outside his home with torches and pitchforks.” [John Amato, 2/21/2009]
'Voice of the Silent Majority' - Progressive author and blogger Jane Hamsher writes: “Rick Santelli is just the explosive id of CNBC, saying what everyone else thinks. Somehow it’s not the pervasive institutional rot, the criminal malfeasance at the highest levels, or the chairman of the Federal Reserve telling Americans over and over again that housing prices would never go down. They have convinced themselves that the real problem is once again people at the absolute bottom of the economic scale. If they’d only used appropriate ‘judgment’ and lived within their means, we’d all be fine. Santelli is now being promoted by CNBC as a truth teller, a voice of the… ‘silent majority.’ ‘Would you join Santelli’s “Chicago Tea Party?”’ they want to know. With 170,000 respondents, 93 percent say yes! I guess it was only a matter of time before a hero emerged.” [Jane Hamsher, 2/20/2009; CNBC, 2/20/2009]
Entity Tags: Jessica Pressler, Thomas Smicklas, Sean Hannity, David Brooks, Jane Hamsher, Jerome Corsi, Donald Luskin, Rush Limbaugh, Jason Linkins, Obama administration, Jim Newell, Joe Weisenthal, Jon Graef, Rick Santelli, Mark Whittington, Matt Drudge, Mary McNamara, John Amato
Timeline Tags: Global Economic Crises, Domestic Propaganda
CNBC stock analyst Rick Santelli’s “impromptu” on-air “rant” against President Obama’s economic stimulus program, in which Santelli calls for a “tea party” protest and tells viewers he intends to begin organizing a “Chicago Tea Party,” galvanizes nascent “tea party” groups around the nation. Chicago radio producer Zack Christenson has already registered the Internet domain “chicagoteaparty.com” (see August 2008), and hours after Santelli’s rant Christenson puts up a “homemade” tea party Web site. A Chicago Libertarian activist, Eric Odom (see After November 7, 2008), puts up a similar site at “officialchicagoteaparty.com.” The next day, the short-lived “Nationwide Tea Party Coalition” forms. At the same time, a new Facebook group, “Rick Santelli is right, we need a Taxpayer (Chicago) Tea Party,” is created by Phil Kerpen of Americans for Prosperity, and is administered by Odom. The Facebook page leads back to a site called “taxpayerteaparty.com,” run by Americans for Prosperity. Simultaneously, Brendan Steinhauser, the campaign director of FreedomWorks (see March 2, 2009) and another administrator of the Facebook group, begins organizing “tea party” groups—or actually continues his efforts, since on February 9, 10 days before Santelli’s broadcast, he had contacted a Florida activist who had attended a FreedomWorks training session and asked her to organize a protest in Fort Myers. Steinhauser later writes that the day after Santelli’s broadcast: “I just wrote this little 10 quick easy steps to hold your own tea party, wrote it up, and kinda was proud of it and sent it to Michelle Malkin. She linked to it from her blog.” Malkin’s blog is overwhelmed by the response. FreedomWorks staffers call activists around the country asking them to organize “grassroots” tea party organizations, and on March 9, FreedomWorks announces a nationwide “Tea Party Tour,” saying in a statement, “From [Santelli’s] desperate rallying cry FreedomWorks has tapped into the outrage building from within our own membership as well as allied conservative grassroots forces to organize a 25-city Tea Party Tour where taxpayers angry that their hard-earned money is being usurped by the government for irresponsible bailouts, can show President Obama and Congressional Democrats that their push towards outright socialism will not stand.” By February 27, the first official “tea party” events take place, organized by the Sam Adams Alliance, FreedomWorks, and Americans for Prosperity. Many of the original organizations will eventually be subsumed by, or merge with, national structures, again primarily organized and funded by FreedomWorks, Americans for Prosperity, and other right-wing lobbying organizations. Eventually, six nationwide networks will form (see August 24, 2010). [Huffington Post, 4/15/2009; Institute for Research & Education on Human Rights, 8/24/2010] During this period, conservative media outlets such as the Weekly Standard will claim that the tea party movement was entirely spontaneous in its origins (see March 2, 2009). However, facts stand in the way of that claim (see February 15, 2009, February 16, 2009, February 17, 2009, February 18, 2009, March 13, 2009 and After, April 2009 and After, April 6-13, 2009, April 8, 2009, April 14, 2009, April 15, 2009, April 16, 2009, July 23, 2009, July 24, 2009, August 4, 2009, August 4, 2009, August 5, 2009, August 6, 2009, August 6-7, 2009, August 10, 2009, August 10, 2009, August 11, 2009, August 28, 2009, July 3-4, 2010, August 30, 2010, and September 20, 2010).
Entity Tags: Sam Adams Alliance, Zack Christenson, Weekly Standard, Rick Santelli, Nationwide Tea Party Coalition, Michelle Malkin, Barack Obama, Americans for Prosperity, Brendan Steinhauser, Eric Odom, FreedomWorks, Phil Kerpen
Timeline Tags: Domestic Propaganda
Fox News talk show host Glenn Beck has a special segment called “War Games” during the week’s broadcasts. In today’s show, he is joined by former CIA analyst Michael Scheuer (see February 1996) and retired Army Sergeant Major, Tim Strong. The three discuss what they say is the upcoming “civil war” in America, which, they assert, will be led by “citizen militias” made up of principled, ideologically correct conservatives. Beck says that he “believes we’re on this road.” The three decide among themselves that the US military would refuse to obey President Obama’s orders to subdue the insurrection and would instead join with “the people” in “defending the Constitution” against the government. [Salon, 2/22/2009] Conservative commentator Michelle Malkin’s blog “Hot Air” features an entry that calls Beck’s rhetoric “implausible” and “nutty.” [Hot Air, 2/22/2009]
A day after CNBC’s Rick Santelli engaged in a “rant” against President Obama’s economic policies, and called for a modern-day “tea party” to protest those policies (see February 19, 2009), White House press secretary Robert Gibbs invites Santelli to the White House for coffee and to discuss Obama’s plan to help homeowners. “I’d be happy to buy him a cup of coffee,” Gibbs says. “Decaf.” Gibbs has said that Santelli needs to learn more about the economic bailout before engaging in such sharp criticism. “I’ve watched Mr. Santelli on cable the past 24 hours or so,” he says. “I’m not entirely sure where Mr. Santelli lives or in what house he lives but the American people are struggling every day to meet their mortgages, stay in their jobs, pay their bills, send their kids to school.… Mr. Santelli has argued, I think quite wrongly, that this plan won’t help everyone. This plan helps people who have been playing by the rules.… I would encourage him to read the president’s plan.… It’s tremendously important for people who rant on cable TV to be responsible and understand what it is they’re talking about. I feel assured that Mr. Santelli doesn’t know what he’s talking about.” Santelli, who has admitted to not reading the White House’s bailout proposals, tells CNBC viewers he “would love to accept” the invitation, but—holding a tea bag to the cameras—says he prefers “tea” to coffee. [CNBC, 2/20/2009; Politico, 2/20/2009; Think Progress, 2/23/2009; New York Times, 2/23/2009; Associated Press, 3/2/2009] Shortly thereafter, Santelli will say that he felt “threatened” by Gibbs’s reference to not knowing where he lives (see February 23, 2009).
Mohamed returning to London. [Source: Lewis Whyld / Associated Press]Binyam Mohamed (see May-September, 2001, February 8, 2009, and February 9, 2009) is released from Guantanamo, and returns to Great Britain. He is flown to Britain on a private chartered Gulfstream jet similar to those used by the CIA in “extraordinary renditions.” His sister, Zuhra Mohamed, meets him at the RAF Northolt airbase in west London, and tells reporters: “I am so glad and so happy, more than words can express. I am so thankful for everything that was done for Binyam to make this day come true.” His lawyers claim that he has suffered severe physical and psychological abuse, some of which was inflicted in recent days. He suffers from what his lawyers call a huge range of injuries. Doctors have found Mohamed suffering from extensive bruising, organ damage, stomach complaints, malnutrition, sores to feet and hands, and severe damage to ligaments. His weight has dropped from around 170 pounds to 125 pounds. His lawyers say he suffers from serious emotional and psychological problems, which have been exacerbated by the refusal of Guantanamo officials to provide him with counseling. Mohamed’s British lawyer, Clive Stafford Smith, says his client had been beaten “dozens” of times, with the most recent abuse occurring in the last few weeks (see September 2004 and After). “He has a list of physical ailments that cover two sheets of A4 paper,” says Stafford Smith. “What Binyam has been through should have been left behind in the middle ages.” Mohamed’s American military lawyer, Lieutenant Colonel Yvonne Bradley, adds: “He has been severely beaten. Sometimes I don’t like to think about it because my country is behind all this.” Britain’s former Attorney General, Lord Goldsmith, an advocate for the closure of Guantanamo, says that allegations of abuse against Mohamed, a British resident, should be raised by Foreign Secretary David Miliband with his American counterpart, Secretary of State Hillary Clinton. “If there are credible accounts of mistreatment then they need to be pursued,” Goldsmith says.
Care Provided upon Return - Upon his return to Britain, Mohamed will receive physical care and emotional counseling in a secure, secret location by a team of volunteer doctors and psychiatrists. He will be kept under a “voluntary security arrangement,” where he must report regularly to authorities, but will not be subject to charges or anti-terror control orders. The US dropped all charges against Mohamed last year, including allegations that he had participated in a “dirty bomb” plot. [Guardian, 2/22/2009; Guardian, 2/24/2009]
MI5 to Be Investigated? - At least one MI5 officer may face a criminal investigation over his alleged complicity in torturing Mohamed (see February 24, 2009). And Mohamed’s future testimony is expected to shed light upon MI5’s own participation in his interrogation and alleged torture; Mohamed may sue the British government and MI5, Britain’s counter-intelligence and security service, over its alleged complicity in his detention, abduction, treatment, and interrogation. If filed, Mohamed’s lawsuit could force US and British authorities to disclose vital evidence regarding Mohamed’s allegations of torture. [Guardian, 2/22/2009]
Citigroup CEO Vikram Pandit is in talks with the US government to increase the amount of public ownership of the bank in a move both politicians and bank bosses hope will avert the need for the ailing corporation to be taken into FDIC receivership (see March 15, 2008). Talks commenced after Citigroup shares dropped more than 20 percent in late trading on Friday, leaving the business with a share value of $10.6 billion, with balance sheet assets of $1.95 trillion. Government receivership of Citigroup is seen as politically unpalatable, and US taxpayers could conceivably own up to 40 percent of Citigroup. Economists see government takeover of the corporation as evidence of other major banks struggling with insolvency. The failure of major banks will have calamitous repercussions. The US treasury says it remains committed to helping the banking industry recover without taking complete control. “Because our economy functions better when financial institutions are well managed in the private sector, the strong presumption… is that banks should remain in private hands,” the Treasury Department said in a joint statement with the Federal Reserve. Speculation that a major Wall Street institution could be taken into public ownership toppled the market on Friday, February 20; likely targets were heavily rumored to be Citigroup and Bank of America. Bank of America lost nearly half its share value in three days before rallying late Friday afternoon. The latest talks center on a Treasury Department proposal to convert preference shares in Citigroup into new ordinary shares. This move would not involve additional taxpayer funds, but taxpayers would surrender the guaranteed dividends that come with preference stock, as well as some degree of protection in the event of a corporate collapse. Serious questions remain, such as the price at which new shares are issued. Estimates of the size of the government’s eventual stake range from 25 percent to 40 percent. With this move, Barack Obama’s administration would become a major presence on Citigroup’s ordinary share register, thus diluting the interests of existing investors, and heightening fears of political pressure being brought on US banks. Some analysts suggest that banks relying on taxpayer bail-outs are being encouraged to focus lending and liquidity on the national US market. [Guardian, 2/23/2009]
CNBC commentator Rick Santelli appears on two conservative radio programs, hosted by G. Gordon Liddy and Mike Gallagher respectively, to promote his “tea party” “rant” against the White House’s economic bailouts (see February 19, 2009). He tells both Liddy and Gallagher that he felt “threatened” by the White House’s response to his remarks (see February 20, 2009). Santelli tells Liddy that White House press secretary Robert Gibbs “started that press conference saying, ‘I don’t know where he lives, I don’t know where his house is.’ This is the press secretary of the White House. Is that the kind of thing we want?” Liddy calls Gibbs’s remark “a veiled threat.” Santelli replies: “It really is.… I don’t really want to be a spokesman, but I really am very proud of a) the response I’m getting, which is overwhelmingly positive, and b) discourse, that is debate. That if the pressure and the heat I’m taking from the White House—the fact my kids are nervous to go to school—I can take that, okay.” Santelli tells Gallagher he finds it “very scary” for Gibbs to say “we don’t know where he lives or where his house is.” Progressive news Web site Think Progress publishes Gibbs’s full quote from the February 21 press conference, which it says proves Gibbs made no such threats towards Santelli. Gibbs said: “I’ve watched Mr. Santelli on cable the past 24 hours or so. I’m not entirely sure where Mr. Santelli lives or in what house he lives but the American people are struggling every day to meet their mortgages, stay in their jobs, pay their bills, send their kids to school.” Think Progress’s Lee Fang writes, “Gibbs wasn’t threatening Santelli; he was pointing out the sheer absurdity of a well-to-do pundit criticizing Obama’s housing plan as seeking to simply [quoting Santelli] ‘subsidize the losers’ mortgages.’” [Think Progress, 2/23/2009]
Former Guantanamo detainee Binyam Mohamed (see May-September, 2001), a British citizen who suffered extensive abuse during his detention (see July 21, 2002 -- January 2004 and February 8, 2009) and is just now released (see February 22-24, 2009), says in a written statement that British officials from MI5 played an integral part in his abduction and torture at the hands of the CIA and Moroccan officials. Senior MPs say they intend to investigate his claims. Just after his arrival in London, Mohamed tells reporters: “For myself, the very worst moment came when I realized in Morocco that the people who were torturing me were receiving questions and materials from British intelligence.… I had met with British intelligence in Pakistan. I had been open with them. Yet the very people who I had hoped would come to my rescue, I later realized, had allied themselves with my abusers.” Days later, the Daily Mail will obtain documents from Mohamed’s American court proceedings that show MI5 agents twice gave CIA agents lists of questions they wanted to have asked, as well as dossiers of photographs. [Guardian, 2/24/2009; Daily Mail, 3/8/2009]
Gives Primary Blame to CIA - Mohamed places the bulk of the blame on his rendition and torture on the CIA, and says, “It is still difficult for me to believe that I was abducted, hauled from one country to the next, and tortured in medieval ways—all orchestrated by the United States government.” [Scotsman, 2/24/2009]
'They Sold Me Out' - Mohamed will later say that he reached his “lowest ebb” when he realized British agents were involved in his interrogation and torture. “They started bringing British files to the interrogations,” he will recall, “not one, but several of them, thick binders, some of them containing sheaves of photos of people who lived in London and places there like mosques. It was obvious the British were feeding them questions about people in London. When I realized that the British were co-operating with the people who were torturing me, I felt completely naked.… They sold me out.” The documents indicate that MI5 did not know where Mohamed was being held, but that its agents knew he was in a third nation’s custody through the auspices of the CIA. MI5 agents met with their CIA counterparts in September 2002, well after Mohamed’s rendition to Morocco, to discuss the case. [Daily Mail, 3/8/2009]
False Confession - He suffered tortures in Pakistan (see April 10-May, 2002), Morocco, and Afghanistan (see January-September 2004), including being mutilated with scalpels, a mock execution, sleep deprivation for days, being fed contaminated food, and being beaten for hours while hanging by his wrists from shackles in the ceiling. He says that the closest he came to losing his mind entirely was when, in US custody in Afghanistan, he was locked in a cell and forced to listen to a CD of rap music played at ear-shattering volume 24 hours a day for a month. It was these tortures that drove him to confess to being part of a plot to build a radioactive “dirty bomb” (see November 4, 2005), a confession he now says was untrue and given merely to avoid further torment. He also confessed to meeting Osama bin Laden and getting a passport from 9/11 plotter Khalid Shaikh Mohammed: “None of it was true.” [Daily Mail, 3/8/2009]
'Zero Doubt' of British Complicity - His lawyer, Clive Stafford Smith, says Mohamed is being cared for under the auspices of his legal team, and is “incredibly skinny and very emaciated.” Stafford Smith says he has “zero doubt” Britain was complicit in his client’s ill-treatment. “Britain knew he was being abused and left him,” he says. Stafford Smith also says Mohamed was subjected to “very serious abuse” in Guantanamo. Mike Gapes, the chairman of the House of Commons Foreign Affairs Committee, says he intends to question Foreign Secretary David Miliband and Foreign Office Minister Lord Malloch Brown over “outstanding issues,” which include “rendition, what happened to people in Guantanamo Bay, and black sites,” a reference to prisons in Afghanistan and elsewhere. Two British judges say they are suppressing “powerful evidence” of Mohamed’s torture at the insistence of Miliband and US authorities (see February 4, 2009). [Guardian, 2/24/2009] Miliband says Mohamed’s release was effected due to “intensive negotiations with the US government,” in which he played a key part. Edward Davey of the Liberal Democrats has little use for Miliband’s claims, saying, “It is telling that David Miliband is unable to give a straightforward yes or no as to whether British agents and officials have been complicit in torture,” and adds that “Mohamed’s case may just be the tip of the iceberg.” [Scotsman, 2/24/2009]
Evidence that MI5 Lied - The new revelations about MI5’s involvement contradict the testimony of MI5 officials, who in 2007 told Parliament’s Intelligence and Security Committee that the agency had no idea that Mohamed had been subjected to “extraordinary rendition” to Morocco or anywhere else. The Daily Mail will note, “The revelations will put Foreign Secretary David Miliband under even greater pressure to come clean about British involvement in the rendition and alleged torture of Muslim terror suspects.” [Daily Mail, 3/8/2009]
Cover of Grabe and Bucy’s ‘Image Bite Politics.’ [Source: University of Indiana]An Indiana University study shows that the three American broadcast networks, ABC, CBS, and NBC, systematically favored Republicans in their election news coverage from 1992 through 2004. The study is presented by two professors in the Department of Telecommunications, Maria Elizabeth Grabe and Erik Bucy, and is published in book form, entitled Image Bite Politics: News and the Visual Framing of Elections. The Indiana University press release notes, “Their research runs counter to the popular conventional notion of a liberal bias in the media in favor of Democrats and against Republican candidates.” Grabe says: “We don’t think this is journalists conspiring to favor Republicans. We think they’re just so beat up and tired of being accused of a liberal bias that they unknowingly give Republicans the benefit in coverage. It’s self-censorship that journalists might be imposing on themselves.”
Focusing on 'Image Bites' - Grabe and Bucy focused on visual coverage of presidential candidates. Between 1992 and 2004, they found, candidates were shown more visually over the years, in what the authors call “image bites,” while their verbal statements, or “sound bites,” steadily decreased in average length. Grabe and Bucy examined 62 hours of broadcast news coverage, totaling 178 newscasts, between Labor Day and Election Day over four US presidential elections between 1992 and 2004. Cable news outlets such as CNN and Fox News were not included in the study. The professors are now examining broadcast coverage for the 2008 election.
Favoritism in Visual Coverage - According to the press release: “Grabe and Bucy found the volume of news coverage focusing exclusively on each party—one measure of media bias—favored Republicans. Their research found there were more single-party stories about Republicans overall and in each election year except 1992. When they studied the time duration of these stories, no pattern of favoritism was evident. But they did spot differences when they studied visual coverage, that is, with the volume turned down.” Grabe and Bucy note: “Reporters do exercise control over production decisions. The internal structure of news stories—their placement in the newscast, editing techniques and manipulations related to camera angles, shot lengths, eyewitness perspectives and zoom movements—is at the volition of news workers, free of the influence of image handlers.”
Editing Techniques Favor Republicans - The authors examined several “visual packaging techniques” used in editing a film of a candidate. Two techniques worthy of note were the “lip-flap shot,” in which a reporter narrates over a video of the candidate talking, and the “Goldilocks effect,” wherein a candidate gets the last word in a piece and thus is better remembered by viewers. The “lip-flap shot” is considered so negative for a candidate that it is considered a “violation of professional television news production standards,” according to the authors. Both techniques were employed to the benefit of Republicans, the authors report. Democrats were more apt to be subjected to “lip-flapping,” while Republicans more often got the last word in (except in 2004, when the “Goldilocks effect” was relatively even-handed). Other techniques that are considered detrimental to candidates are extreme close-ups, with a face filling the screen, and long-distance shots. In general, both techniques were used to affect Democrats more often than Republicans. And Republicans garnered more favorable views with such techniques as low-angle camera shots, which the authors say demonstrably “attribute power and dominance to candidates in experimental studies.” Most professional cameramen and journalists are trained not to use low-angle or high-angle shots, says Grabe, and instead to favor more neutral eye-level shots. She notes: “It takes the same amount of time to rig a camera for a low-angle shot as for a more neutral eye-level shot. It doesn’t take any extra effort to be professionally unbiased. There is evidence that the pattern favoring Republicans is stable across networks, because there are no statistically significant differences between them.”
Impact on Poll Numbers - The impact of these negative and positive “packaging” techniques on daily polls was measurable, Grabe says: “When negative packaging over time spiked for a candidate, public opinion generally went down. You can observe the same inverse trend. When detrimental packaging subsides, public opinion is at its highest point. In experimental research, these production features have been shown to have an impact—now we have indications that they have broad impact on public opinion.”
Conclusion - Bucy concludes: “Visuals are underappreciated in news coverage. You can have a negative report. You can have the journalist being opinionated against the candidate. But if you’re showing favorable visuals, that outweighs the net effect on the viewer almost every single time.” [University of Indiana, 2/24/2009]
The photo Mayor Grose sent out to, among others, an African-American community member. [Source: Keyanus Price]The mayor of Los Alamitos, a small city in Orange County, California, causes an uproar when he sends a “joke” e-mail that shows the White House with a watermelon patch taking the place of the usual White House garden. The e-mail is entitled “No Easter Egg hunt this year.” Among the recipients are the members of the City Council, and black businesswoman and community volunteer Keyanus Price. Price explains, “I think he’s saying that since there’s a black president, there will be no need to hunt for eggs since they’re growing watermelons in the front yard this year.” Price replies to the e-mail, sent by Mayor Dean Grose, with the response: “Hey, that’s not nice at all. Not all black people like watermelon… you should know better than that.” Grose’s initial reply fails to respond to the racial content, and reads: “The way things are today, you gotta laugh every now and then. I wanna see the coloring contests.” Price says Grose’s response upset her even more than the original e-mail. “As soon as I saw his response; that put me over the top because it was no big deal to him,” she says. “I was horrified when I read that e-mail. What I’m concerned about is how can this person send an e-mail out like this and think it is OK?” When Orange County residents and city leaders begin protesting the racially insensitive e-mail, Grose issues an apology to Price, her boss, and the City Council; it reads in part: “I am deeply embarrassed in receiving your e-mail, and for any harm or hurt that it may have caused. It was poor judgment on my part and was never intended to be offensive to Ms. Price, your company or anyone in the African-American community.… I in no way was representing the City of Los Alamitos, or my role as a council member in sending this out and it went via my private business e-mail. That doesn’t justify the fact that it was sent, however, we gratefully appreciate the contributions that your company makes to our community and I wish to publically apologize to anyone within the firm or organization that may have been offended. I am truly sorry.” Some residents are not mollified. “It appalls me how much racial insensitivity continues in this day and age,” says Aliso Viejo resident Brian Alpers. “Even forwarding e-mails like that continue to perpetuate stereotypes and yes, even racial hatred.” 74-year old Marjorie McDowall says: “It reminds me of my childhood and all the filthy jokes there were about blacks. It’s really offensive. I thought we were beyond that. I really did.” Robert Graham adds: “To me, it’s not so much the e-mail that was sent but the comment that was sent afterward that supports it. For me, as a resident and he being my mayor, it reflects on the rest of our community. He’s our representative not only to the county, but the state as well.” An unidentified person smashes a watermelon in front of Grose’s office, apparently either in protest or retaliation for the e-mail. Two days after sending the e-mail, Grose announces that he will resign as mayor of Los Alamitos. “The attention brought to this matter has sadly created an image of me which is most unfortunate,” he writes. “I recognize that I’ve made a mistake and have taken steps to make sure this is never repeated.” [Orange County Register, 2/24/2009; Orange County Register, 2/24/2009; Orange County Register, 2/26/2009; Orange County Register, 2/26/2009]
Director of National Intelligence Dennis Blair says the Guantanamo detention facility needs to be closed (see January 22, 2009) because its existence has done serious damage to the US’s reputation and its ability to achieve foreign policy goals. “Countries won’t deal with us,” Blair tells the House Intelligence Committee. “Our popularity’s down. We don’t have blue chips to trade.” [Associated Press, 2/25/2009; Associated Press, 2/25/2009]
A federal appeals court rejects the Obama administration’s assertion that a potential threat to national security should stop a lawsuit challenging the government’s warrantless wiretapping program. The Justice Department had requested an emergency stay in a case brought by a defunct Islamic charity, the Al Haramain Islamic Foundation (see February 28, 2006). Al Haramain has asked that classified information be made available to the court to prove its case that the electronic surveillance brought to bear against it by the government was illegal; Justice Department lawyers contend that the information needs to remain classified and unavailable to the court, and cite the “state secrets” privilege (see March 9, 1953) as legal justification. Although the court rejects the request for the stay, Justice Department lawyers say they will continue fighting to keep the information secret. “The government respectfully requests that the court refrain from further actions to provide plaintiffs with access to classified information,” says a filing made by the Justice Department in regards to the ruling. A lawyer for Al Haramain, Steven Goldberg, says: “All we wanted was our day in court and it looks like we’re finally going to get our day in court. This case is all about challenging an assertion of power by the executive branch which is extraordinary.” The American Civil Liberties Union’s Ann Brick says the court has now crafted a way to review the issue in which “national security isn’t put at risk, but the rule of law can still be observed.” [Associated Press, 2/27/2009] Days later, the Justice Department will file a brief announcing its intention to refuse to honor the appeals court’s decision (see March 2, 2009).
Two of the signs being carried by ‘tea party’ protesters at the Santa Monica event. [Source: GayPatriot (.net)]Yasha Levine, co-author of a Playboy article alleging that the Rick Santelli “tea party” “rant” on CNBC was part of a pre-planned rollout of corporate-funded tea party organizations (see February 27, 2009), attends a tea party event at the Santa Monica pier. The event, planned as a “spontaneous” citizen protest of the Obama administration’s economic policies, was planned and supervised by Tony Katz, who organized it through a Facebook page. The event is planned to last 45 minutes, and consists of a quick “meet and greet,” three keynote speakers (an actor, a writer, and a comedian), and as a finale, a quick teabagging ceremony. Levine says the event’s timing is not conducive to attracting large numbers of protesters, being as it takes place at the beginning of a workday. However, she notes, it is quite conducive for media coverage: journalists would “get the material and be back in the office before noon, enough time to write and edit their segments to appear that same day.” Levine arrives late, but in time to witness Katz finishing his closing speech and event organizers passing out tea bags. She estimates the crowd size at about 50, “not what you would expect from a grassroots movement that supposedly tsunamied so fast that a whole network materialized in just a few days” (see February 19-21, 2009). Some protesters hold anti-Obama signs, others wave signs with anti-tax slogans. At least a third of the crowd, Levine writes, is made up of reporters and other “media types.” At 9:35, Katz exhorts the crowd to throw their tea bags into a pot of water (as throwing them in the ocean constitutes littering) and scream out their anti-tax demands. Levine observes: “It was a total sham, a front in order to get TV facetime. It worked, too. Fox News sent a camera crew. So did NBC. Koch [the Koch family, whom Levine has accused of clandestinely funding many tea party organizations] was teabagging the media, and the media loved it.” [Yasha Levine, 2/27/2009]
Dale Robertson, the leader of TeaParty.org, displays a handmade sign with a racial slur. Mediaite, the source of this photo, later blocked out a portion of the offending word. Robertson’s sign itself is not blocked out. [Source: Mediaite]Tea party activist Dale Robertson, who leads TeaParty.org, displays a sign at a “Liberty Concert” tea party rally in Houston that many critics will condemn for being openly racist. The sign reads, “Congress = Slaveowner, Taxpayer = N_ggar.” Josh Parker of the Houston Tea Party Society later claims that Robertson is asked to leave the event because of the sign. Robertson, one of the organizers of the event, told tea party activists via ResistNet that the rally is the first of a series of events “designed to be the key to create a model for our Nation to Take Back America. The Tea Party does not intend to waste their time simply rallying. The Plan is to optimize the events, they will be fun and Citizens will be asked to run for office, with the focus of Restoring America, and thus, putting it on the Conservative track.” According to Robertson’s email, he and his organization intend to run thousands of tea party-affiliated candidates in the 2010 elections, either as third-party candidates or as Republicans. In 2010, Mediaite reporter Tommy Christopher will observe: “I happen to be friends with a lot of conservatives, including many involved in the tea party movement, and while I disagree with them, I don’t think for a second that Robertson speaks for them, or for most tea partiers. The problem is that, after over a year of protests, the movement has still not succeeded in expelling this element.” [Washington Independent, 1/4/2010; Mediaite, 3/26/2010] Robertson later claims the photograph of the sign was doctored, and will say that the sign actually read, “Congress = Slaveowner, Taxpayer = Slave.” Mediaite Photoshop expert Philip Bump will say that there is no evidence showing that the photograph was tampered with or altered. Robertson will promise to provide a picture of the “actual” sign, but will fail to do so. He will blame high-ranking members of the Republican Party for attempting to besmirch his character and reputation. [Mediaite, 3/31/2010]
Mark Ames. [Source: Guardian]CNBC’s Rick Santelli has become something of a superstar among conservative media pundits and others exasperated by the Obama economic bailouts, after engaging in a purportedly impromptu “rant” during an on-air broadcast (see February 19, 2009). Investigative reporters Mark Ames and Yasha Levine discover that Santelli’s rant may have been a pre-planned incident timed to coincide with the launch of a so-called “tea party movement” predicated on opposing the Obama administration and supporting conservative and Republican ideas and agendas. In the hours and days following Santelli’s appearance on CNBC, the authors write, “[a] nationwide ‘tea party’ grassroots Internet protest movement has sprung up seemingly spontaneously, all inspired by Santelli, with rallies planned today in cities from coast to coast to protest against Obama’s economic policies.”
Connections to the Koch Family - Ames and Levine write that Santelli’s CNBC “rant” was “a carefully-planned trigger for the anti-Obama campaign. In PR terms, his February 19th call for a ‘Chicago Tea Party’ was the launch event of a carefully organized and sophisticated PR campaign, one in which Santelli served as a frontman, using the CNBC airwaves for publicity, for the some of the craziest and sleaziest right-wing oligarch clans this country has ever produced.” Ames and Levine are referring to the Koch family, headed by Fred Koch (see 1940 and After), the billionaire co-founder of the extremist John Birch Society (see March 10, 1961 and December 2011) and whose sons are heavy donors to right-wing think tanks and advocacy groups such as the Cato Institute (see 1977-Present) and FreedomWorks (see 1984 and After).
ChicagoTeaParty.com - On the air, Santelli said, “We’re thinking of having a Chicago tea party in July, all you capitalists who want to come down to Lake Michigan, I’m gonna start organizing.” Within minutes, Matt Drudge of the Drudge Report had posted headlines about the “tea party” rant on his Web site. Within hours, a new Web site, chicagoteaparty.com, had appeared, featuring a YouTube video of Santelli’s rant and calling itself the official home of the Chicago Tea Party. The domain name had been registered months before by right-wing media figure Zack Christenson (see August 2008), but had remained dormant until after Santelli spoke on CNBC. Ames and Levine note that Christenson bought the domain around the same time that Milt Rosenburg, the Chicago talk show host whom Christenson produces, began attempting to link then-presidential candidate Barack Obama with “left-wing terrorist” William Ayers (see August 2008). Ames and Levine write: “That Rosenberg’s producer owns the ‘chicagoteaparty.com’ site is already weird—but what’s even stranger is that he first bought the domain last August, right around the time of Rosenburg’s launch of the ‘Obama is a terrorist’ campaign. It’s as if they held this ‘Chicago tea party’ campaign in reserve, like a sleeper-site. Which is exactly what it was.”
The Sam Adams Alliance - The ChicagoTeaParty.com Web site, Ames and Levine report, is part of a larger network of conservative Web sites set up over the last few months under the auspices of the “Sam Adams Alliance” (SAA), an organization linked to the Koch family and to FreedomWorks, a public relations group funded by Koch and headed by former Republican House Majority Leader Dick Armey (see April 14, 2009). The SAA is a Chicago-area libertarian/conservative group named for Samuel Adams, who led the Boston Tea Party protest in 1773. [Playboy, 2/27/2009] In 2008, the New York Times described the SAA as having “started an ambitious project this year to encourage right-leaning activists and bloggers to get online and focus on local and state issues.” [New York Times, 7/19/2008]
OfficialChicagoTeaParty.com - Another Web site, officialchicagoteaparty.com, went live on February 19 as well. That site is registered to Eric Odom, a Republican specializing in faux-grassroots PR campaigns sometimes called “astroturf” (see April 15, 2009). Odom has worked with Koch Industries, a large oil and natural gas corporation and the source of the Koch family fortune, in supporting offshore oil-drilling legislation. Odom was, until January 2009, the “new media coordinator” for the Sam Adams Alliance. Upon his departure, the SAA removed Odom’s name from its Web site. The SAA also removed any mention of Koch’s funding, or any other connections between Koch and the organization, from its site. Two of the SAA’s board members, Eric O’Keefe and Joseph Lehman, are tied both to Koch and to FreedomWorks.
FreedomWorks - In the hours after Santelli’s rant, FreedomWorks posted a large photo of Santelli on its Web site’s front page with the caption: “Are you with Rick? We are. Click here to learn more.”
Other Sites - In the hours after Santelli’s rant, other Web sites such as Right.org, promoting a tea party support group that purports to be a citizen-launched organization “created by a few friends who were outraged by the bailouts” and headed by “Evan and Duncan,” and numerous pro-tea party Facebook pages, were launched. Right.org is sponsoring a $27,000 prize for an “anti-bailout video competition.” Ames and Levine ask: “Who are Evan and Duncan? Do they even really exist?”
No Connections on the Surface - Ames and Levine note that the numerous Web sites and Facebook pages have remarkable similarities in language and appearance, “as if they were part of a multi-pronged advertising campaign planned out by a professional PR company. Yet, on the surface, they pretended to have no connection. The various sites set up their own Twitter feeds and Facebook pages dedicated to the Chicago Tea Party movement. And all of them linked to one another, using it as evidence that a decentralized, viral movement was already afoot. It wasn’t about partisanship; it was about real emotions coming straight from real people.”
Santelli and the Tea Party Organizers - Ames and Levine ask why Santelli, and CNBC, would “risk their credibility, such as it is, as journalists dispensing financial information in order to act as PR fronts for a partisan campaign.” Santelli’s contract with CNBC is about to expire, they note. Until the “tea party” rant, Santelli was an obscure financial commentator with few prospects. Now, though, he is a “hero” of the right. As another Chicago tea party organization, the Daily Bail, wrote on its site: “Rick, this message is to you. You are a true American hero and there are no words to describe what you did today except your own. Headquartered nearby, we will be helping the organization in whatever way possible.” Ames and Levine speculate that Santelli may have been brought into the fold by one of his CNBC colleagues, Lawrence Kudlow, who himself has strong connections to FreedomWorks. [Playboy, 2/27/2009] Steve Megremis of the Daily Bail will call Ames and Levine’s allegations about his Web site’s involvement “categorically untrue,” writing: “It’s unfortunate because I believe that the article did some great investigative work and then at the end they threw me under the bus for no apparent reason. Apparently, the authors just assumed we were part of this conspiracy because of my own personal excitement about the prospect of a mid-summer tea party.” Megremis will post a response on his site, but the response will soon disappear. [Barry Ritholtz, 2/28/2009]
Playboy Removes Article - By March 2, Playboy will remove the Ames and Levine article from its Web site. No explanation is offered. The article will instead become available on a Web site called “The Exiled,” which bills itself as an “alternative” press outlet. [Jeffrey Feldman, 3/2/2009]
Entity Tags: Rick Santelli, William Ayers, Playboy, Sam Adams Alliance, Yasha Levine, The Exiled, Steve Megremis, Zack Christenson, Obama administration, Milt Rosenburg, Right.org, Mark Ames, Dick Armey, CNBC, Cato Institute, Eric O’Keefe, Chicago Tea Party, Eric Odom, FreedomWorks, Lawrence Kudlow, Joseph Lehman, Matt Drudge, John Birch Society, Fred Koch
Timeline Tags: Domestic Propaganda
According to media reports, the Obama administration intends to reverse the “right of conscience rule,” formally called the Provider Refusal Rule, for health care workers enacted by President Bush in the last weeks of his term. In December 2008, Bush issued an executive order allowing health care workers to deny care based on their personal beliefs. The order was issued to target doctors and nurses who do not want to provide abortions, even if they work in a facility that offers abortions to clients. Specifically, the rule denies Department of Health and Human Services (HHS) funding to institutions that do not allow workers to refuse care that goes against their beliefs. Now the Obama administration says President Obama will override that order. Seven states have already challenged the rule, claiming it sacrifices the health of patients in order to satisfy the religious or moral beliefs of medical personnel. The American College of Obstetrics and Gynecology has reported cases such as that of a Virginia mother of two who became pregnant because she was denied emergency contraception; in Texas, the group said, a rape victim had her prescription for emergency contraception rejected by a pharmacist. Obama has already overturned a ban on US funding for international aid groups that provide abortion services. However, administration officials say the administration may consider a rule that would clarify what health care workers can reasonably refuse. An HHS spokesman says: “We recognize and understand that some providers have objections to providing abortions. But we do not want to impose new limitations on services that would allow providers to refuse to provide to women and their families services like family planning and contraception that would actually help prevent the need for an abortion in the first place.” Dr. Suzanne Poppema of Physicians for Reproductive Choice and Health praises Obama “for placing good health care above ideological demands,” and says: “Physicians across the country were outraged when the Bush administration, in its final days, limited women’s access to reproductive health care. Hundreds of doctors protested these midnight regulations and urged President Obama to repeal them quickly. We are thrilled that President Obama took the first steps today to ensure that our patients’ health is once again protected.” Tony Perkins of the anti-abortion Family Research Council (FRC) counters: “Protecting the right of all health care providers to make professional judgments based on moral convictions and ethical standards is foundational to federal law and is necessary to ensure that access to health care is not diminished, which will occur if health care workers are forced out of their jobs because of their ethical stances. President Obama’s intention to change the language of these protections would result in the government becoming the conscience and not the individual. It is a person’s right to exercise their moral judgment, not the government’s to decide it for them.” [Chicago Tribune, 2/27/2009; CNN, 2/27/2009; New York Times, 2/27/2009] The liberal Center for American Progress (CAP) writes in April 2009: “Conservatives have criticized the Obama administration for infringing upon the conscience of health care professionals and ‘forcing’ them to provide abortion services.… Yet this assertion could not be further from the truth. President Obama’s proposal to rescind Bush’s last-minute rule restores the pre-existing compromise established through decades of debate.” CAP notes that Title VII of the Civil Rights Act disallows employers from firing or harassing workers who decline to fulfill assigned tasks due to moral or religious objections. “Obama’s proposal to rescind the Bush ‘conscience’ rule simply restores the prior balance that existed on matters of conscience,” CAP concludes. “It once again guides the health care system to value the consciences of health care providers and patients.” [Jessica Arons and Sarah Dreier, 4/28/2009] However, for reasons never made publicly clear, the Obama administration will never actually rescind the order. It is possible that Obama or HHS officials bow to pressure from a number of organizations such as the FRC and the Christian Medical Association, which have continually pressured the administration not to rescind the order. [Fox News, 4/8/2009; Time, 2/4/2010; Megan Sullivan, 7/13/2010]
Entity Tags: American College of Obstetrics and Gynecology, Family Research Council, Christian Medical Association, Barack Obama, Bush administration (43), Center for American Progress, Tony Perkins, George W. Bush, US Department of Health and Human Services, Obama administration, Provider Refusal Rule, Suzanne Poppema
Timeline Tags: US Health Care
Admiral Michael Mullen, the chairman of the Joint Chiefs of Staff, says that Iran most likely has enough fissile material to make a nuclear weapon. When asked by CNN’s John King whether Iran “might now have enough fissile material to make a bomb,” Mullen replies, “We think they do, quite frankly.” He adds, “Iran having a nuclear weapon, I believe, for a long time, is a very, very bad outcome for the region and for the world.” A spokesman for Mullen later “clarifies” his remarks to emphasize that Mullen was talking about “low-grade” material, and notes that for such to be used in a nuclear weapon, it would need to be highly enriched. Defense Secretary Robert Gates contradicts Mullen, saying that Iran is “not close to a weapon at this point” (see March 1, 2009), a point with which both the International Atomic Energy Agency (IAEA) and the Director of National Intelligence, Dennis Blair, agree. After Mullen’s interview, his spokesman, Captain John Kirby, tells CNN: “There are two components here: having enough and having it highly enriched. The chairman concurs Iran has enough low-enriched to produce a nuclear weapon, but it’s important to note it’s low-grade, and to enrich it would take time.” Iran has recently tested its first nuclear power plant, using dummy fuel rods that did not produce a nuclear reaction. [CNN, 3/1/2009]
Former Nixon White House counsel John Dean says that after reading the nine newly released Bush-era Justice Department memos that asserted sweeping powers for the president not granted by the Constitution (see March 2, 2009), “you’ve gotta almost conclude we had an unconstitutional dictator. It’s pretty deadly and pretty serious, what’s in these materials.” Anyone deemed a terrorist by President Bush could be kidnapped, incarcerated, and tortured, all without any legal recourse. “Who in this formula was supposed to decide that these were terrorists?” asks MSNBC host Keith Olbermann. Dean replies: “Well, according to these memos, that was rather limited to the president of the United States and there are no guidelines as to how he might describe who was or was not a terrorist. The president can unilaterally or, theoretically, even somebody he delegates can decide who indeed can be incarcerated, who can not. That is why I say, this is pretty close to being an unconstitutional dictator, in any definition under the law of this country.” [MSNBC, 3/2/2009; Raw Story, 3/3/2009]
In a letter to Judge Alvin Hellerstein regarding the American Civil Liberties Union (ACLU)‘s lawsuit against the US Defense Department, the Justice Department informs Hellerstein that the CIA destroyed 92 videotapes of prisoner interrogations. The CIA’s previous admissions of the number of destroyed videotapes were far smaller (see November 2005). [Re: ACLU et al v. Department of Defense et al, 3/2/2009 ] The CIA confirms that the tapes showed what it calls “enhanced interrogation techniques” used on a number of detainees. The Justice Department adds that it will provide a list of summaries, transcripts, and memoranda related to the destroyed tapes, though the American Civil Liberties Union notes that a previous list was almost entirely redacted. [TPM Muckraker, 3/6/2009; American Civil Liberties Union, 3/6/2009] The disclosure comes as part of a criminal inquiry into the tapes’ destruction. As the investigation comes to a close, observers expect that no charges will be filed against any CIA employees. The agency’s Directorate of Operations chief, Jose Rodriguez, ordered the recordings destroyed in November 2005 (see November 2005); former CIA Director Michael Hayden argued that the tapes posed “a serious security risk” because they contained the identities of CIA participants in al-Qaeda interrogations. Rodriguez has not yet been questioned. It is believed that the tapes show, among other interrogation sessions, the waterboarding of two detainees, Abu Zubaida (see Mid-May 2002 and After) and Abd al-Rahim al-Nashiri (see (November 2002)). Civil libertarians and human rights advocates are outraged at the destruction of the tapes. “The sheer number of tapes at issue demonstrates that this destruction was not an accident,” says Amrit Singh, a staff lawyer with the American Civil Liberties Union (ACLU). “It’s about time the CIA was held accountable for its flagrant violation of the law,” she adds. CIA spokesman George Little says the destruction of the tapes was not an attempt to break the law or evade accountability. “If anyone thinks it’s agency policy to impede the enforcement of American law, they simply don’t know the facts,” Little says. Senator Dianne Feinstein (D-CA), who chairs the Senate Intelligence Committee, confirms that her panel intends to conduct a broader investigation of the CIA’s interrogation program. [Washington Post, 3/3/2009]
Entity Tags: Michael Hayden, Jose Rodriguez, Jr., US Department of Justice, Senate Intelligence Committee, Central Intelligence Agency, Amrit Singh, American Civil Liberties Union, George Little, US Department of Defense, Alvin K. Hellerstein, Dianne Feinstein
Timeline Tags: Torture of US Captives
Some of the Justice Department memos released today. [Source: Los Angeles Times]The Department of Justice releases nine memos written after the 9/11 attacks that claimed sweeping, extraconstitutional powers for then-President Bush. The memos, written primarily by John Yoo of the Office of Legal Counsel (OLC), claim that Bush could, if he desired, order military raids against targets within the US, and order police or military raids without court warrants (see October 23, 2001). The only justification required would be that Bush had declared the targets of such raids to be suspected terrorists. Other powers the president had, according to the memos, were to unilaterally abrogate or abandon treaties with foreign countries, ignore Congressional legislation regarding suspected terrorists in US detention (see March 13, 2002), suspend First Amendment rights to freedom of speech and information dissemination (see October 23, 2001), and conduct a program of warrantless domestic surveillance (see September 25, 2001). In January, an opinion issued by the OLC claimed that the opinions of the earlier memos had not been acted upon since 2003, and were generally considered unreliable (see January 15, 2009). Attorney General Eric Holder, who signed off on the release of the memos, says: “Too often over the past decade, the fight against terrorism has been viewed as a zero-sum battle with our civil liberties. Not only is that thought misguided, I fear that in actuality it does more harm than good.” [American Civil Liberties Union [PDF], 1/28/2009 ; US Department of Justice, 3/2/2009; US Department of Justice, 3/2/2009; New York Times, 3/2/2009]
Memos Laid Groundwork for Warrantless Wiretapping - Though many of the powers said to belong to the president in the memos were never exercised, the assertions led to the warrantless wiretapping of US citizens (see December 15, 2005 and Spring 2004) and the torture of detained terror suspects. [Newsweek, 3/2/2009]
'How To ... Evade Rule of Law' - Senate Judiciary Committee Chairman Patrick Leahy (D-VT) says the memos begin “to provide details of some of the Bush administration’s misguided national security policies” that have long been withheld from public scrutiny. Jennifer Daskal of Human Rights Watch says the memos collectively “read like a how-to document on how to evade the rule of law.” [Washington Post, 3/3/2009] Kate Martin of the Center for National Security Studies says that the memos were part of a larger effort “that would basically have allowed for the imposition of martial law.” [Newsweek, 3/2/2009]
'Tip of Iceberg' - The memos are, according to a former Bush administration lawyer, “just the tip of the iceberg” in terms of what the Bush administration authorized. Jameel Jaffer of the American Civil Liberties Union (ACLU) says the Bush administration memos “essentially argue that the president has a blank check to disregard the Constitution during wartime, not only on foreign battlefields, but also inside the United States.” [Los Angeles Times, 3/3/2009] The ACLU, which has sued to obtain these and other memos, applauds the release of the documents, and says it hopes this is the first step in a broader release. [Reuters, 3/2/2009]
The American Civil Liberties Union (ACLU) welcomes the release of nine Bush administration documents that detail that administration’s policies on detainee interrogation and torture (see March 2, 2009). Jameel Jaffer, the director of the ACLU National Security Project, says in a statement: “We welcome the Justice Department’s decision to release these memos, some of which provided the basis for the Bush administration’s unlawful national security policies. These memos essentially argue that the president has a blank check to disregard the Constitution during wartime, not only on foreign battlefields, but also inside the United States. We hope today’s release is a first step, because dozens of other OLC [Office of Legal Counsel] memos, including memos that provided the basis for the Bush administration’s torture and warrantless wiretapping policies, are still being withheld. In order to truly turn the page on a lawless era, these memos should be released immediately.” [American Civil Liberties Union, 3/2/2009]
The Weekly Standard, in a column by Jonathan Last, promotes and celebrates the nascent “tea party” movement that started as a reaction to an on-air “rant” by CNBC commentator Rick Santelli (see February 19, 2009 and February 27, 2009) against the government bailouts of large corporations. (The article is dated March 9, but is posted on the Standard’s Web site on March 2.) Last notes that previous organizations opposing the bailouts had been proven to be “astroturf” groups pretending to be grassroots, citizen-driven organizations, but in fact owned and operated by such conservative public relations firms as FreedomWorks (see April 14, 2009). Now, however, Last says the “tea party” organizations springing up around the country are actual grassroots organizations with no affiliations to conservative PR firms or political organizations. Last notes that conservative radio producer Zack Christenson had indeed bought chicagoteaparty.com in August 2008 (see August 2008), as noted by progressive reporters who have alleged that the “tea party” movement—and Santelli’s “spontaneous” rant (see March 2, 2009)—were part of a pre-planned launch effort (see February 27, 2009), but claims that Christenson merely bought the domain “thinking it might be a good name for a group,” and “retooled the site” hours after seeing Santelli’s rant. Last claims that dozens of other sites, including reteaparty.com (see March 2, 2009), were bought and posted “spontaneously” within hours of Santelli’s broadcast, as were dozens of Facebook “tea party” and Santelli fan sites. Last claims that reteaparty.com owner Anthony Astolfi, with the help of “his roommate and a cousin,” bought the domain, designed and posted the site, and promoted it on dozens of “high-ranking results pages” within 12 hours of Santelli’s rant, and awoke the next day to find they had had 40,000 visitors to their site and become “a minor sensation.” Last concludes by writing: “[I]t’s easy to see the groups that might make up a real grassroots movement: the Ron Paul libertarians, renters, housing bubble obsessives, disillusioned Democrats, stat-head financial types, and, of course, rich, heartless Republicans. And then there is Santelli, who, if so inclined, might put himself forward the way Howard Jarvis did with his property tax revolt in California in 1978. The question is whether or not these people can find each other and figure out a way to push back.” [Weekly Standard, 3/9/2009] Investigative reporters Mark Ames and Yasha Levine note that Astolfi’s Web site is indeed funded by a conservative political action committee (PAC), a fact that Last either does not know or chooses not to report. [Mark Ames and Yasha Levine, 3/2/2009]
Entity Tags: Mark Ames, CNBC, Anthony Astolfi, FreedomWorks, Jonathan Last, Rick Santelli, Zack Christenson, Howard Jarvis, Ron Paul, Weekly Standard, Yasha Levine
Timeline Tags: Domestic Propaganda
CNBC financial commentator Rick Santelli, who caused a media sensation with his anti-bailout “rant” in mid-February (see February 19, 2009), and whose commentary has been alleged to have been part of a larger “tea party” rollout by several well-funded conservative organizations (see February 27, 2009), pens a disclaimer for the CNBC Web site. He writes that he has “NO affiliation or association with any of the Web sites or related tea party movements that have popped up as a result of my comments on February 19th, or to the best of my knowledge any of the people who organized the Web sites or movements.” He describes his on-air style as “aggressive and impassioned,” and says his February 19 rant was neither staged nor deliberate. “It was unique in that it obviously struck a chord with the public, thus inciting what can only be described as a groundswell of feedback from the public, the White House (see February 20, 2009), the Internet, and the media at large (see February 19-21, 2009). The president’s plan addressing issues in the housing market was the topic; but only the tip of the iceberg in fact. The real nerve struck seems to be the pent up emotions felt by millions of Americans regarding spending TRILLIONS of dollars to fix the housing market, the banks, and the economy. SPECIFICALLY WHO WILL PAY… WHO WILL BENEFIT.… and above all the government’s role in all of this.” He says he never supported government bailouts of any kind, neither by the Bush administration nor the Obama administration. His “rant,” he writes, “was spontaneous… not scripted… and any person, organization, or media outlet that claims otherwise IS INACCURATE.… Though it has been reported that I am a registered Republican, I have no political agenda and any person, organization, or media outlet that claims otherwise IS INACCURATE. I hope that the president and the final stimulus plan succeed.” [CNBC, 3/2/2009] The same day that CNBC posts Santelli’s column, it also issues a denial to the press that Santelli has any connection to the “tea party” organizations (see March 2, 2009).
Megan McArdle. [Source: New Economist (.com)]The Atlantic’s business blogger, Megan McArdle, lambasts Playboy for publishing an article that claims the Rick Santelli “tea party” “rant” (see February 19, 2009) may have been a pre-planned incident designed to coincide with the launch of a number of “tea party” Web sites and “grassroots” organizations (see February 27, 2009). McArdle says that the suspicious timing of the chicagoteaparty.com Web site launch, hours after Santelli’s “impromptu” rant on CNBC, was nothing more than an example of someone “leap[ing] in when opportunity arose.” McArdle denies that oil giant Koch Industries, or the Koch family, funds the conservative lobbying firm FreedomWorks (see April 14, 2009), and says, “[A]stroturfing [the practice of forming fake ‘grassroots’ organizations clandestinely organized and funded by lobbying groups or corporate entities] doesn’t really seem like their style.” McArdle may not be aware of a recent Wall Street Journal expose of a FreedomWorks “astroturf” endeavor (see May 16, 2008). She does acknowledge that since FreedomWorks does not publicize its donor list, she cannot be sure Koch is not funding the group. She admits that many “tea party” organizations are funded and operated by large conservative PR and lobbying firms, and writes: “So what? Groups—often funded by God knows who—coordinate protests.” McArdle calls the article’s allegation that Santelli participated in a pre-planned, scripted event “potentially libelous,” and writes, “If I were Santelli, I’d sue.” At the very end of her column, McArdle admits that she lives with a former FreedomWorks official, Peter Suderman. She denies that Suderman influenced her writing in any way except to give her an e-mail address of “the right employee to… make inquiries” of at the firm. “I haven’t asked him about his former employer, and he hasn’t told me anything. I debated whether to write about this, but since I’m not actually defending FreedomWorks, I think it’s kosher.” [Atlantic Monthly, 3/2/2009] Shortly after posting her column online, McArdle posts a follow-up, with details of her conversation with FreedomWorks official Brendan Steinhauser. She identifies Steinhauser as “the chap at FreedomWorks who has helped organize the tea parties.” She calls the firm “completely open about their interest in furthering the tea parties” (see May 16, 2008 and March 13, 2009 and After). She says Steinhauser got the idea for the “tea parties” from Michelle Malkin’s blog, which is at odds with Santelli’s claim of “spontaneously” using the term (see March 2, 2009). [Atlantic Monthly, 3/2/2009]
Entity Tags: Megan McArdle, CNBC, Brendan Steinhauser, Fred Koch, Koch Industries, Peter Suderman, The Atlantic, Michelle Malkin, FreedomWorks, Playboy, Rick Santelli
Timeline Tags: Domestic Propaganda
CNBC denies that its financial commentator, Rick Santelli, has any connection to the “tea party” organizations that apparently spontaneously erupted within hours of his February 19 “rant” against the government bailouts of banks and automobile manufacturers (see February 19, 2009 and February 27, 2009). Santelli has also denied any affiliation with any “tea party” organizations (see March 2, 2009). The Associated Press notes that the Web site of one such organization, reteaparty.com, removed Santelli’s name from its front page after CNBC made it aware of its “dissatisfaction.” The site referred to “Rick Santelli’s Re-Tea Party” four times on its home page, urging people to organize for protests, featured an “About Rick” link with his CNBC profile, and said Santelli “voiced the sentiment of millions of Americans on the stock market floor.” The site is operated by an organization called the Political Exploration and Awareness Committee, and, in small type at the bottom of the home page, states that the “opinions expressed do not necessarily reflect the opinions of Rick Santelli.” The Re-Tea Party Web site is operated by California Web developer Anthony Astolfi, who worked for the 2008 presidential campaign of Representative Ron Paul (R-TX). Astolfi tells reporters that he put together the site overnight after seeing Santelli’s rant. According to the Associated Press: “He and others online are using Santelli’s statement to promote a Boston Tea Party-style protest against the government plan. Using Santelli’s name was the most effective way of drawing attention to his site, Astolfi said. He denied it was an attempt to mislead people into believing Santelli supported what they were doing.” [Associated Press, 3/2/2009] CNBC has cancelled Santelli’s upcoming appearance on Comedy Central’s The Daily Show, with a spokesman saying, “It was time to move on to the next big story.” [New York Times, 3/2/2009]
Time columnist Michael Scherer, writing about the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009), notes: “I know I am late on this, but every American should take note of the incredible neo-Orwellian, near-totalitarian powers that President Bush’s Justice Department granted the White House in the days after September 11.… They are certainly not based on a ‘conservative’ limited government reading of the constitution. They are, by almost every account, of doubtful constitutional merit. And if we wish to continue to teach our children that freedom and liberty are the bedrock of the American form of government, we should as citizens take care to make sure they do not become a precedent for future presidents to use in responding to attacks on the homeland.” [Time, 3/3/2009]
Columnist and civil litigator Glenn Greenwald writes that the recently released Bush-era Justice Department memos documenting the enormous power Bush attempted to gather for himself (see March 2, 2009) mandates a wide-ranging investigation of the Bush administration’s criminal activities. He notes, “[T]here is almost certainly a whole slew of other activities that remain concealed, and very well may remain undisclosed for years” because of the apparent reluctance of the Obama administration to give serious consideration to such an investigation, or, as Greenwald writes, “a new administration that seems bizarrely desperate to keep concealed the secrets of the old one.” Greenwald continues: “The most vital point is that all of the documents released yesterday by the Obama [Justice Department] comprise nothing less than a regime of secret laws under which we were governed. Nothing was redacted when those documents yesterday were released because they don’t contain any national security secrets. They’re nothing more than legal decrees, written by lawyers. They’re just laws that were implemented with no acts of Congress, unilaterally by the executive branch. Yet even the very laws that governed us were kept secret for eight years. This is factually true, with no hyperbole: Over the last eight years, we had a system in place where we pretended that our ‘laws’ were the things enacted out in the open by our Congress and that were set forth by the Constitution. The reality, though, was that our government secretly vested itself with the power to ignore those public laws, to declare them invalid, and instead, create a whole regimen of secret laws that vested tyrannical, monarchical power in the president (see March 3, 2009). Nobody knew what those secret laws were because even Congress, despite a few lame and meek requests, was denied access to them. What kind of country lives under secret laws?” But, he writes: “If our political class had its way, even the bits and pieces we’ve now seen would continue to be hidden in the dark. Most of the specific individuals who initiated these measures may no longer be in power, but the institutions and the political and media elites who enabled all of it haven’t gone anywhere. They’re now actively working to keep as much as possible concealed and to insist that nothing should be done about any of it.” [Salon, 3/3/2009]
Columnist and international law expert Scott Horton writes of his horror and shock at the nine just-released Bush administration memos from the Justice Department designed to grant President Bush extraordinary executive authority (see March 2, 2009).
'Disappearing Ink' - Horton writes: “Perhaps the most astonishing of these memos was one crafted by University of California at Berkeley law professor John Yoo. He concluded that in wartime, the president was freed from the constraints of the Bill of Rights with respect to anything he chose to label as […] counterterrorism operations inside the United States” (see October 23, 2001, and October 23, 2001). Horton continues: “John Yoo’s Constitution is unlike any other I have ever seen. It seems to consist of one clause: appointing the president as commander in chief. The rest of the Constitution was apparently printed in disappearing ink.”
Timing of Repudiation Proves Bush Officials Found Claims Useful - Horton has no patience with the claims of former Office of Legal Counsel chief Steven Bradbury that the extraordinary powers Yoo attempted to grant Bush were not used very often (see January 15, 2009). “I don’t believe that for a second,” Horton notes, and notes Bradbury’s timing in repudiating the Yoo memos: five days before Bush left office. “Bradbury’s decision to wait to the very end before repealing it suggests that someone in the Bush hierarchy was keen on having it,” Horton asserts.
Serving Multiple Purposes - The memos “clear[ly]” served numerous different purposes, Horton notes. They authorized, or provided legal justification for, the massive domestic surveillance programs launched by military agencies such as the Defense Intelligence Agency and the National Security Agency (see September 25, 2001). But the memos went much farther, Horton says: “[T]he language of the memos suggest that much more was afoot, including the deployment of military units and military police powers on American soil. These memos suggest that John Yoo found a way to treat the Posse Comitatus Act as suspended.” They also gave Bush the apparent legal grounds to order the torture of people held at secret overseas sites (see March 13, 2002), and to hold accused terrorist Jose Padilla without charge or due process, even though the administration had no evidence whatsoever of the crimes he had been alleged to commit (see June 8, 2002).
American Dictatorship - Horton’s conclusion is stark. “We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship,” he writes. “The constitutional rights we learned about in high school civics were suspended. That was thanks to secret memos crafted deep inside the Justice Department that effectively trashed the Constitution. What we know now is likely the least of it.” [Harper's, 3/3/2009]
Chuck Norris approved this photo illustration of himself with the tag line, ‘Contrary to popular belief, America is not a democracy, it is a Chucktatorship.’ [Source: ChuckNorrisFacts (.com)]Conservative talk radio and Fox News host Glenn Beck interviews self-described “martial arts master, actor, and political activist” Chuck Norris on his radio show. Beck begins by telling Norris he wants to see a military investigation of Congress: “I was talking about General [David] Petraeus [the commander of US forces in the Middle East] the other day. I mean this sincerely: I would love to have General Petraeus go up to Washington and clean that hornet’s nest out. I’d like him to set up a military tribunal and call them in one by one, okay, going to have a little interview with you. Find out if they’re guilty or innocent of being involved in, you know, all kinds of the scandals that are going on and kick them out.” Norris offers to mete out some extrajudicial justice: “I want to go with General Petraeus myself and be next to him and when he finds out who’s guilty and, you know, dishonest, then I will take care of it for him. Took him out. I’ll choke them out, the ones that he finds dishonest, I will choke them out and stick them into a pile.” Later in the conversation, the two discuss the possibility of Texas seceding from the United States. Norris, a Texas resident, says, “Yeah, we could break off from the union if we wanted to.” Beck agrees: “You do, you call me.… Seriously, you do. I don’t mind having that lone star on my flag. I really don’t mind it. I’ve been out with a seam ripper looking at my flag going, I don’t know, California could go. I’m just saying—” Norris interjects jokingly, “I may run for president of Texas.” [Glenn Beck, 3/3/2009] Beck is putting together a conservative anti-government movement called “We Surround Them,” and Norris is an enthusiastic supporter (see March 9, 2009). [Glenn Beck, 3/10/2009]
Mark Ames and Yasha Levine, the reporters-turned-bloggers who recently caused a firestorm of controversy with their article on Playboy.com accusing CNBC commentator Rick Santelli of colluding with FreedomWorks and the Koch family in launching the anti-Obama “tea party” movement (see February 19, 2009 and February 27, 2009), discuss Playboy’s recent unexplained deletion of their article from its Web site. AlterNet editor Jan Frel writes that Playboy’s action was likely taken due to fear of libel suits. In an e-mail to Frel, Ames and Levine write: “There has been a lot of speculation as to why Playboy removed our original article from its site. Let us put it this way: When you look at the fallout from our article—FreedomWorks admits its role in the teaparty, Santelli issues a giant lawyer-penned opus about how he loves Obama (see March 2, 2009), and CNBC (whose parent company is the megaconglomerate General Electric) frightens a bunch of Astroturfing Web sites into dropping Santelli’s name and into revealing their own PAC sponsors (see March 2, 2009)—then it’s clear we hit the bull’s-eye and stirred up the wrath of a very scary monster. Given all of this, it would not be unreasonable for one to consider the possibility (as many have) that the multigazilliondollar megabeast GE threatened the much smaller independent media company Playboy with a terrifying and expensive lawsuit, which, given the current financial crisis, is not something anyone but another GE-sized megabeast could cope with. ‘Nuf said on that.” Frel notes that some of the critics of Ames and Levine have their own ties to the subjects of the controversy. Playboy has a film deal with NBC Universal, the parent company of CNBC. The New York Times, which has been critical of the story, has disclosed its content-sharing agreement with CNBC. And Atlantic Monthly blogger Megan McArdle, who has attacked the credibility of the story, has disclosed that she lives with a man who used to work for FreedomWorks and who has engaged in similar “astroturfing” incidents as the ones Ames and Levine reported on in their article (see March 2, 2009). [AlterNet, 3/3/2009]
Entity Tags: Jan Frel, Fred Koch, Atlantic Monthly, General Electric, Rick Santelli, Yasha Levine, New York Times, Mark Ames, FreedomWorks, NBC Universal, Megan McArdle, Playboy
Timeline Tags: Domestic Propaganda
The students who run Dartmouth College’s “Generic Good Morning Message” (GGMM), a popular email update, post an essay about incoming college president Jim Yong Kim that many find racist and derogatory. Kim is a noted researcher and human rights advocate, with recent missions to Uganda. The essay includes such statements as: “Unless ‘Jim Yong Kim’ means ‘I love Freedom’ in Chinese, I don’t want anything to do with him. Dartmouth is America, not Panda Garden Rice Village Restaurant”; “It was a complete supplies” (employing stereotypical Asian-accented English); “Y’all get ready for an Asianification under the guise of diversity under the actual Malaysian-invasion leadership instituted under the guise of diversity. It’s a slippery slope we are on. I for one want democracy and apple pie, not Charlie Chan and the Curse of the Dragon Queen”; and others. The essay accuses Kim of being an Asian forcing “another hard-working American” out of a job, to be replaced “by an immigrant willing to work in substandard conditions at near-subsistent wage, saving half his money and sending the rest home to his village in the form of traveler’s checks.” GGMM later claims the message was intended as humor and satire, but “was executed in poor taste and offended many people in our community, as well as in the entire campus.… [N]o one on any level thinks what happened this morning was in any way acceptable, GGMM writers included. All seven writers of the GGMM realize the gravity of the statements made in the blitz, regardless of intent, and are taking internal measures towards a resolution.” GGMM will apologize for being racially offensive and acknowledges the lack of oversight on its part. [IvyGate, 3/4/2009]
Legal experts and civil libertarians are “stunned” by the recently released memos from the Bush-era Justice Department which assert sweeping powers for the president not granted by the Constitution (see March 2, 2009 and March 3, 2009). Yale law professor Jack Balkin calls the memos a demonstration of the Bush “theory of presidential dictatorship.” Balkin continues: “They say the battlefield is everywhere. And the president can do anything he wants, so long as it involves the military and the enemy.… These views are outrageous and inconsistent with basic principles of the Constitution as well as with two centuries of legal precedents. Yet they were the basic assumptions of key players in the Bush administration in the days following 9/11.” George Washington University law professor Orin Kerr agrees. “I agree with the left on this one,” he says. The approach in the memos “was simply not a plausible reading of the case law. The Bush [Office of Legal Counsel, or OLC] eventually rejected [the] memos because they were wrong on the law—and they were right to do so” (see January 15, 2009). Balkin says the time period of most of the memos—the weeks and months following the 9/11 attacks—merely provided a convenient excuse for the administration’s subversion of the Constitution. “This was a period of panic, and panic creates an opportunity for patriotic politicians to abuse their power,” he says. [Jack Balkin, 3/3/2009; Los Angeles Times, 3/4/2009] Civil litigator and columnist Glenn Greenwald writes that the memos helped provide the foundation for what he calls “the regime of secret laws under which we were ruled for the last eight years… the grotesque blueprint for what the US government became.” [Salon, 3/3/2009] Duke University law professor Walter Dellinger says that, contrary to the memos’ assertion of blanket presidential powers in wartime, Congress has considerable powers during such a time. Congress has, according to the Constitution, “all legislative powers,” including the power “to declare war… and make rules concerning captures on land and water” as well as “regulation of the land and naval forces.” Dellinger, who headed the OLC during the Clinton administration, continues: “You can never get over how bad these opinions were. The assertion that Congress has no role to play with respect to the detention of prisoners was contrary to the Constitution’s text, to judicial precedent, and to historical practice. For people who supposedly follow the text [of the Constitution], what don’t they understand about the phrase ‘make rules concerning captures on land and water’?” [Los Angeles Times, 3/4/2009]
David Rivkin, a lawyer in the Justice Department during the Reagan and George H. W. Bush administrations, testifies before the Senate Judiciary Committee. Rivkin is testifying in regards to committee chairman Patrick Leahy (D-VT)‘s proposal to form a Congressional “Truth Commission” to investigate the Bush administration’s conduct of its “war on terror.” Rivkin, like many other Bush supporters, is opposed to such a commission. He tells the committee: “Yes, mistakes were made. Yes, some bad things happened. But compared with the historical baseline of past wars, the conduct of the United States in the past eight years… has been exemplary.” Senator Sheldon Whitehouse (D-RI) disagrees. He responds, “I would suggest, Mr. Rivkin, that until you know, and we all know, what was done under the Bush administration, you not be so quick to throw other generations of Americans under the bus, and assume that they did worse.” [TPM Muckraker, 3/4/2009]
Michael Savage, a conservative radio host, calls President Obama a “dictator” as part of a larger diatribe against the president. He calls Obama “a young, articulate rabble-rouser” who “is espousing a message that I call ‘trickle-up poverty’.… Where it ends? I know where it ends, because I’ve studied history. I know where it ends. The signal as to when this begins, when the end begins, will be when he organizes a militia directly under his own control. He will not call it a militia. It will be called, perhaps, the ‘Ecology Corps’ or the ‘Environment Corps,’ or the ‘Global Warming Corps,’ or the ‘Energy Corps.’” Savage may be referring to Obama’s efforts to revive the moribund Americorps, a volunteer organization (see November 11, 2008 and March 31, 2009). “Whatever it will be called, they will all wear uniforms. They will either be blue denim or green denim. They will have the executive power under the ‘urban czar’ to come into your home without any court order to investigate your energy use, but they will be looking for other things as well. Would you have any chance to stand up to this army of Obamaites?” Savage asks, rhetorically, if he has “gone over the edge,” and then says: “I’ve gone over the edge before, and every time I have, I’ve been right eventually. I see the handwriting on the wall. Obama is a dictator.” Savage accuses liberals of failing to understand that any dictatorship, leftist or rightist, “is not going to be good for your children.” He then shouts, “Someone has to oppose this man.” He also claims that the White House “is going after” anyone who criticizes it, and repeatedly mixes his accusations of “government” persecution with “media” persecution of White House or Obama critics. “Fundamentally,” Savage concludes, “we have a dictatorship emerging.… Now I’ll make another prediction. I predict that very soon, Obama will create a crisis along the lines of the Reichstag Fire [the 1933 attack on the Reichstag by Nazi militiamen, who later blamed the fire on Communists, and used the attack to gain control of the German government]. I don’t know what form it will take. But I believe that once the minions are seen for what they are, Rahm Emanuel [the White House chief of staff] and his gang will set off a Reichstag Fire in this country of some kind, and they will” begin arresting US citizens without warrants much as President Lincoln did during the Civil War. “I will tell you as I sit here I fear that every night as I go to sleep.” Savage offers no evidence for any of his claims. [Media Matters, 3/4/2009] Two days later, Savage calls Obama a “neo-fascist dictator in the making.” [Media Matters, 3/6/2009] Savage has called the landmark civil rights decision Brown v. Board “sickening” (see May 18, 2004), accused Obama of being educated in a radical Islamic madrassa (see January 10, 2008 and April 3, 2008) and being a potential “radical Muslim” (see February 21, 2008), called Obama’s presidential victory “the first affirmative-action election in American history” (see February 1, 2008), accused Obama of being sympathetic towards the Nazis and the Imperial Japanese of World War II (see March 13, 2008), said that homeless Americans should be put in “work camps” (see June 6, 2008), called Obama an “Afro-Leninist” (see June 6, 2008), said that welfare recipients should lose the right to vote (see October 22, 2008), accused Obama of using his grandmother’s death to conceal his “efforts” to falsify his Hawaiian birth certificate (see November 10, 2008), and accused Obama of planning to fire all the “competent white men” in government once he became president (see November 18, 2008). Other conservatives, including Fox News’s Glenn Beck, will accuse Obama of being a Nazi, or of intending to create a “Reichstag Fire” crisis to gain power (see September 29, 2009 and October 3, 2010).
Representative Michele Bachmann (R-MN—see October 17-22, 2008), interviewed by conservative radio host William Bennett, decries what she calls the Obama administration’s push for “socialized medicine” and a “new tax on energy,” and says: “If you want to look at economic history over the last 100 years, I call it punctuated equilibrium. If you look at FDR, LBJ, and Barack Obama, this is really the final leap to socialism.… And as the Democrats are about to institutionalize cartels—that’s what they’re very good at—they’re trying to consolidate power, so we need to do everything we can to thwart them at every turn to make sure that they aren’t able to, for all time, secure a power base that for all time can never be defeated.” [Think Progress, 3/5/2009] Bachmann is joined by House colleague Zach Wamp (R-TN), who says of the Obama health care plan: “It’s probably the next major step towards socialism. I hate to sound so harsh, but… this literally is a fast march towards socialism, where the government is bigger than the private sector in our country and health care’s the next major step, so we oughta all be worried about it.” [Huffington Post, 3/5/2009]
Karen Greenberg, the executive director of the Center on Law and Security at the New York University School of Law, asks when the Obama administration intends on closing down the detention facility at Bagram Air Force Base (see October 2001). The facility has been the site of repeated torture and brutalization of prisoners (see January 2002, March 15, 2002, April-May 2002, Late May 2002, June 4, 2002-early August 2002, June 5, 2002, July 2002, August 22, 2002, Late 2002-February 2004, Late 2002 - March 15, 2004, December 2002, December 2002, December 1, 2002, December 5-9, 2002, December 8, 2002-March 2003, December 26, 2002, Beginning 2003, February 2003, Spring 2003, October 2004, and May 20, 2005). Greenberg calls it a “far grimmer and more important American detention facility” than Guantanamo.
Little Information on Prisoners - Greenberg is unable to elicit specific information about how many prisoners are currently incarcerated at Bagram, who they are, where they are from, how they are classified—prisoners of war, enemy combatants, “ghost” detainees—how they are being treated, what human rights organizations have access to them, or what, if any, legal proceedings they have been put through. “It turns out that we can say very little with precision or confidence about that prison facility or even the exact number of prisoners there,” she writes. “News sources had often reported approximately 500-600 prisoners in custody at Bagram, but an accurate count is not available. A federal judge recently asked for ‘the number of detainees held at Bagram Air Base; the number of Bagram detainees who were captured outside Afghanistan; and the number of Bagram detainees who are Afghan citizens,’ but the information the Obama administration offered the court in response remains classified and redacted from the public record. We don’t even know the exact size of the prison or much about the conditions there, although they have been described as more spartan and far cruder than Guantanamo’s in its worst days. The International Committee of the Red Cross has visited the prison, but it remains unclear whether they were able to inspect all of it. A confidential Red Cross report from 2008 supposedly highlighted overcrowding, the use of extreme isolation as a punishment technique, and various violations of the Geneva Convention.”
Plans to Expand Facility - Greenberg says that the government is planning a large expansion of the Bagram facility, which is envisioned as holding up to 1,100 prisoners. She recommends:
The administration stop being secretive about Bagram and release complete information on the prisoners being held there, or at the very least admit why some information cannot be released. “Otherwise, the suspicion will always arise that such withheld information might be part of a cover-up of government incompetence or illegality.”
The reclassification of all detainees as “prisoners of war” who are protected under the Geneva Conventions. “Currently, they are classified as enemy combatants, as are the prisoners at Guantanamo, and so, in the perverse universe of the Bush administration, free from any of the constraints of international law. The idea that the conventions are too ‘rigid’ for our moment and need to be put aside for this new extra-legal category has always been false and pernicious, primarily paving the way for the use of ‘enhanced interrogation techniques.’”
The rejection of the idea of “ghost prisoners” at Bagram or anywhere else. “The International Committee of the Red Cross must be granted access to all of the prisons or prison areas at Bagram, while conditions of detention there should be brought into accordance with humane treatment and standards.”
The re-establishment of a presumption of innocence. “The belief that there is a categorical difference between guilt and innocence, which went by the wayside in the last seven years, must be restored. All too often, the military brass still assumes that if you were rounded up by US forces, you are, by definition, guilty. It’s time to change this attitude and return to legal standards of guilt.”
Greenberg concludes: “In the Bush years, we taught the world a series of harmful lessons: Americans can be as cruel as others. Americans can turn their backs on law and reciprocity among nations as efficiently as any tribally organized dictatorship. Americans, relying on fear and the human impulse toward vengeance, can dehumanize other human beings with a fervor equal to that of others on this planet. It’s time for a change. It’s time, in fact, to face the first and last legacy of Bush detention era, our prison at Bagram Air Base, and deal with it.” [TomDispatch (.com), 3/5/2009]
Gregory Hollister. [Source: Tiny Politics (.com)]The US District Court of the District of Columbia dismisses a lawsuit brought against President Obama (naming him “Barry Soetoro” in the complaint) by retired Air Force Colonel Gregory Hollister, who challenges Obama’s citizenship. Judge James Robertson begins his order of dismissal by writing: “This case, if it were allowed to proceed, would deserve mention in one of those books that seek to prove that the law is foolish or that America has too many lawyers with not enough to do. Even in its relatively short life the case has excited the blogosphere and the conspiracy theorists. The right thing to do is to bring it to an early end.” Robertson rules that Hollister is likely working on behalf of lawyer Philip Berg, whose Pennsylvania lawsuit against Obama’s citizenship was recently dismissed (see August 21-24, 2008). “Mr. Hollister is apparently Mr. Berg’s fallback brainstorm, essentially a straw plaintiff, one who could tee Mr. Berg’s native-born issue up” in another venue and using a new theory: that Hollister’s fears of Obama being an “illegal alien” could jeopardize his ability to respond to a possible call to rejoin the military. Robertson calls Hollister’s claims “frivolous” and terms Berg and his partner, lawyer Lawrence J. Joyce, “agents provocateurs” seeking to waste the court’s time and bring false and malicious charges against Obama. He concludes that the lawyer who filed the brief on Hollister’s behalf, John D. Hemenway, is an officer of the court who is “directly responsible to this court for the pleadings that have been filed on behalf of the plaintiff.” Hemenway, Robertson rules, will “show cause why he has not violated Rules 11(b)(1) and 11(b)(2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.” [US District Court for the District of Columbia, 3/5/2009]
Court documents filed by the government show that the CIA destroyed 12 videotapes specifically depicting two detainees being tortured by interrogators. Though the CIA has previously admitted to destroying 92 videotapes (see March 2, 2009), this is the first time it has admitted that some of the tapes showed detainees being tortured. The agency does not use the word “torture,” but instead uses the phrase “enhanced interrogation techniques.” According to the heavily redacted classified document: “There are 92 videotapes, 12 of which include EIT [enhanced interrogation techniques] applications. An OGC [Office of General Counsel] attorney reviewed the videotapes” and the CIA’s “OIG [Office of Inspector General} reviewed the videotapes in May 2003.” The document, along with others, are filed pursuant to a Freedom of Information Act lawsuit begun by the American Civil Liberties Union (ACLU). The ACLU has asked that the CIA be found in contempt for destroying the videotapes, a motion that is still pending. The videotapes were destroyed to prevent disclosure of evidence showing that CIA interrogators actively tortured detainees, using waterboarding and other methods. The destruction is under investigation by acting US Attorney John Durham (see January 2, 2008). The two detainees depicted in the videotapes are Abu Zubaida and Abd al-Rahim al-Nashiri, both of whom were waterboarded by the CIA (see March 2002, April - June 2002, and (November 2002)). The document describing the destroyed videotapes says “interrogators administered the waterboard to Al-Nashiri.” The videotapes are believed to have been made at the CIA’s secret detention center in Thailand. The CIA has promised to release more information about the videotapes by March 20. However, according to acting US Attorney Lev Dassin, “to date, the CIA is not aware of any transcripts of the destroyed videotapes.” An unredacted version of the inventory of the destroyed videotapes will only be made available for the ACLU to view behind closed doors in court: “This inventory identifies the tapes and includes any descriptions that were written on the spine of the tapes.” Much of the information sought by the ACLU will remain classified, Dassin says. ACLU attorney Amrit Singh says the “government is needlessly withholding information about these tapes from the public, despite the fact that the CIA’s use of torture—including waterboarding—is no secret. This new information only underscores the need for full and immediate disclosure of the CIA’s illegal interrogation methods. The time has come for the CIA to be held accountable for flouting the rule of law.” Author and reporter Jane Mayer believes the tapes were destroyed at least in part because Democratic members of Congress briefed on the tapes began inquiring whether the interrogations of Zubaida and al-Nashiri were legal. [Public Record, 3/6/2009]
In response to a Freedom of Information Act lawsuit by the American Civil Liberties Union (ACLU), the CIA turns over unredacted pages of a classified internal agency report that concluded the techniques used on two prisoners “appeared to constitute cruel, inhumane, and degrading treatment, as defined by the International Convention Against Torture” (see October 21, 1994). The CIA also turns over evidence showing that videotapes of the two prisoners being tortured were destroyed (see March 6, 2009). The pages are from a 2004 report compiled by then-CIA Inspector General John Helgerson. The document reads in part: “In January 2003, OIG [Office of Inspector General] initiated a special review of the CIA terrorist detention and interrogation program. This review was intended to evaluate CIA detention and interrogation activities, and was not initiated in response to an allegation of wrongdoing. During the course of the special review, OIG was notified of the existence of videotapes of the interrogations of detainees. OIG arranged with the NCS [National Clandestine Service, the covert arm of the CIA] to review the videotapes at the overseas location where they were stored. OIG reviewed the videotapes at an overseas covert NCS facility in May 2003. After reviewing the videotapes, OIG did not take custody of the videotapes and they remained in the custody of NCS. Nor did OIG make or retain a copy of the videotapes for its files. At the conclusion of the special review in May 2004, OIG notified [the Justice Department] and other relevant oversight authorities of the review’s findings.” The report has never been made public, but information concerning it was revealed by the New York Times in 2005 (see May 7, 2004). [Public Record, 3/6/2009]
The US military announces that 12,000 troops will withdraw from Iraq by September 2009. “Two brigade combat teams who were scheduled to redeploy in the next six months, along with enabling forces such as logistics, engineers, and intelligence, will not be replaced,” says a Pentagon spokesman. US forces will also turn over a number of facilities to Iraqi control. Additionally, the remaining 4,000 British soldiers, stationed in southern Iraq, will also depart by that time. The US withdrawal is the first step in President Obama’s announced “drawdown” of troops from Iraq by August 2010 (see February 27, 2009). Major withdrawals will not happen until after Iraq’s national parliamentary elections in December 2009. The “Status of Forces” agreement between the US and Iraq requires all American forces to be out of Iraq by the end of 2011; it also requires US forces out of all major Iraqi cities by the end of June 2009. Even in the face of increasing troop withdrawals, Major General David Perkins, a spokesman for the US command structure in Iraq, says the military is “by no means complacent.” Perkins adds: “We know that al-Qaeda, although greatly reduced in capability and numbers, still is desperate to maintain relevance here.… When al-Qaeda senses that it is under extreme pressure and it is losing momentum, it works very hard to gain relevance and to regain momentum.” The remaining US forces will be redeployed around the country, most likely in areas such as the city of Mosul and Diyala province, both of which contain a still-fierce insurgency. “We will not leave any seams in regards to security,” Perkins says. “We know how to do this. This is not the first time we’ve reduced our forces.” [China Daily, 3/8/2009; Washington Post, 3/9/2009; Daily Telegraph, 3/9/2009]
President Barack Obama orders a review of former President Bush’s signing statements. Bush often used signing statements to instruct administration officials how to implement, or to ignore, Congressional legislation and other laws (see Early 2005, January 13, 2006, and September 2007). Obama has sent memos to numerous federal agencies directing them to review Bush’s signing statements. White House press secretary Robert Gibbs says that other presidents have used signing statements to note potential problems and conflicts, and says Obama will continue that practice. But, Gibbs says, Obama will not use signing statements to disregard Congress’s intent in its legislation. [Associated Press, 3/9/2009]
Oath Keepers logo, as pictured on a T-shirt sold on the organization’s Web site. [Source: Oath Keepers (.com)]The Oath Keepers, a newly formed far-right “patriot” organization whose membership is restricted to soldiers, police officers, firefighters, and military veterans (see March 2010), is formed at a pro-militia rally in Lexington, Massachusetts, the site of the first battle of the Revolutionary War. It is founded by Army veteran and lawyer Stewart Rhodes, who delivers a fiery speech at the rally. “You need to be alert and aware to the reality of how close we are to having our constitutional republic destroyed,” he tells the assemblage. “Every dictatorship in the history of mankind, whether it is fascist, communist, or whatever, has always set aside normal procedures of due process under times of emergency.… We can’t let that happen here. We need to wake up!” The crowd of listeners includes many well-known “patriot movement” members, including Richard Mack, a former Arizona sheriff who refused to enforce the federal Brady law (see November 30, 1993) in his jurisdiction; Mike Vanderboegh of the “Three Percenter” movement (see October 1995 and After); and others. Rhodes gives the rally his group’s “Orders We Will Not Obey,” a list of 10 orders he considers unconstitutional and therefore unenforceable, whether they are issued by commanding officers, policemen, or the president. When Rhodes finishes, Captain Larry Bailey, a retired Navy SEAL who leads a group called Gathering of Eagles, asks the crowd to raise their right hands and retake their oath—not to the president, but to the Constitution. [Mother Jones, 3/2010]
Posting the 'Orders' - On the Oath Keepers blog, Rhodes posts the “Orders We Will Not Obey” along with an introductory statement culled from the speech given by then-General George Washington before the Battle of Long Island: “The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves; whether they are to have any property they can call their own; whether their Houses, and Farms, are to be pillaged and destroyed, and they consigned to a State of Wretchedness from which no human efforts will probably deliver them. The fate of unborn Millions will now depend, under God, on the Courage and Conduct of this army.” Rhodes writes: “Such a time is near at hand again. The fate of unborn millions will now depend, under God, on the Courage and Conduct of this Army—and this Marine Corps, This Air Force, This Navy and the National Guard and police units of these sovereign states.” He calls the Oath Keepers “non-partisan,” and issues his list of orders they will refuse to obey, calling these “acts of war” against the American people “and thus acts of treason.” He cites Revolutionary War actions and precedents for each of his 10 statements.
“1. We will NOT obey any order to disarm the American people.” Rhodes explains that this means the government will not attempt to restrain gun ownership in any way, and states his group’s opposition to any bans on assault rifles or any attempts to enforce gun regulation or registration.
“2. We will NOT obey any order to conduct warrantless searches of the American people, their homes, vehicles, papers, or effects—such as warrantless house-to-house searches for weapons or persons.” Rhodes compares these to the Revolutionary War-era “writs of assistance,” carried out by British soldiers against American colonists without judicial orders. The Constitution proscribes warrantless searches, Rhodes says. “We expect that sweeping warrantless searches of homes and vehicles, under some pretext, will be the means used to attempt to disarm the people,” he writes, and says Oath Keepers will not follow such orders.
“3. We will NOT obey any order to detain American citizens as ‘unlawful enemy combatants’ or to subject them to trial by military tribunal.” Any such detentions (see June 26, 2002 and June 9, 2002) are unconstitutional, harking back to Revolutionary War-era admiralty courts and the British “star chambers.” Rhodes predicts that the federal government will attempt to detain its own citizens under international law.
“4. We will NOT obey orders to impose martial law or a ‘state of emergency’ on a state, or to enter with force into a state, without the express consent and invitation of that state’s legislature and governor.” Rhodes fears that “states of emergency” will be declared in the aftermath of a natural disaster such as a hurricane or a massive flood, or perhaps another 9/11-level terror attack, and then used to impose tyranny and martial law on the American populace.
“5. We will NOT obey orders to invade and subjugate any state that asserts its sovereignty and declares the national government to be in violation of the compact by which that state entered the Union.” As many as 20 individual states have either passed or considered what Rhodes calls “courageous resolutions affirming states rights and sovereignty” that take powers from the federal government and give them over to the states. The federal government may attempt to use force to retake these powers, Rhodes writes, especially if a state attempts to secede or declare itself of equal sovereignty with the federal government.
“6. We will NOT obey any order to blockade American cities, thus turning them into giant concentration camps.” One of Rhodes’s most strongly stated fears is what he believes will be the attempts of the federal government to build concentration camps and detain citizens.
“7. We will NOT obey any order to force American citizens into any form of detention camps under any pretext.”
“8. We will NOT obey orders to assist or support the use of any foreign troops on US soil against the American people to ‘keep the peace’ or to ‘maintain control’ during any emergency, or under any other pretext. We will consider such use of foreign troops against our people to be an invasion and an act of war.” Rhodes believes that the US government may use foreign troops, perhaps under the auspices of the United Nations, to conduct military operations against its own citizenry.
“9. We will NOT obey any orders to confiscate the property of the American people, including food and other essential supplies, under any emergency pretext whatsoever.”
“10. We will NOT obey any orders which infringe on the right of the people to free speech, to peaceably assemble, and to petition their government for a redress of grievances.”
Rhodes concludes: “The above list is not exhaustive but we do consider them to be clear tripwires—they form our ‘line in the sand’—and if we receive such orders, we will not obey them. Further, we will know that the time for another American Revolution is nigh. If you the people decide that you have no recourse, and such a revolution comes, at that time, not only will we NOT fire upon our fellow Americans who righteously resist such egregious violations of their God given rights, we will join them in fighting against those who dare attempt to enslave them.… The mission of Oath Keepers is to vastly increase their numbers. We are in a battle for the hearts and minds of our own troops. Help us win it.” [Stewart Rhodes, 3/9/2009] Army spokesman Nathan Banks will remind the members that following through on their Oath Keepers pledge could mean serious repercussions. “You have every right to disobey an order if you think it is illegal,” Banks will say. “But you will face court-martial, and so help you God if you are wrong. Saying something isn’t constitutional isn’t going to fly.”
Associated with Tea Party Movement - After the 2009 rally, Rhodes’s organization will become closely affiliated with the tea party movement; on July 4, 2009, Rhodes will send speakers to administer his organization’s “oath” at over 30 tea party rallies across the nation. He will take part in the September 12, 2009 “9/12” march in Washington, DC (see September 12, 2009), and host rallies in Florida and other states. [Mother Jones, 3/2010]
Self-described “martial arts master, actor, and political activist” Chuck Norris adds his voice to the call by some right-wing leaders for armed insurrection against the Obama administration. Norris and others are calling for open rebellion, and for the military to refuse orders from their commander in chief. Norris claims that thousands of right-wing “cell groups” have organized and are ready to launch what he calls a “second American Revolution.” Days before, he jokingly told radio host Glenn Beck that he was ready to “run for president of Texas” after Texas secedes from the US (see March 3, 2009). In an article for the conservative Web publication WorldNetDaily, Norris makes the same claim in a far more serious tone: according to Norris, Texas was never formally a part of the US, and Texas will be the first of many states to secede from the union. The need for him to run for president of Texas “may be a reality sooner than we think,” he writes. “If not me, someone someday may again be running for president of the Lone Star state, if the state of the union continues to turn into the enemy of the state.” He justifies his call for another revolution—essentially overthrowing the federal government and replacing it with one more to his liking—by writing, “[W]e’ve bastardized the First Amendment, reinterpreted America’s religious history, and secularized our society until we ooze skepticism and circumvent religion on every level of public and private life.” He asks: “How much more will Americans take? When will enough be enough? And, when that time comes, will our leaders finally listen or will history need to record a second American Revolution? We the people have the authority according to America’s Declaration of Independence, which states: That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government.” Norris has joined Beck’s nascent anti-government movement, “We Surround Them,” and writes, “Thousands of cell groups will be united around the country in solidarity over the concerns for our nation” when the group meets during a live telecast and series of “meetups” on March 13. Norris closes with the words of former Texas president Sam Houston, “We view ourselves on the eve of battle,” and finishes with a plug for his latest martial arts event in Houston, “Showdown in H-Town.” [Charlotte Examiner, 3/9/2009; WorldNetDaily, 3/9/2009] According to the website of “We Surround Them,” as of March 10, less than 30 sites have agreed to host meetings, a figure somewhat lower than the “thousands” Norris claims. The national unveiling of “We Surround Them” will take place on Fox News. [Charlotte Examiner, 3/10/2009]
Reporter Seymour Hersh speaking at a 2007 forum on the media in Doha, Qatar. [Source: Reuters / Fadi Al-Assaad / MinnPost (.com)]In a wide-ranging seminar with former Democratic Vice President Walter Mondale and investigative journalist Seymour Hersh at the University of Minnesota, Hersh claims that he has evidence that the US operated what he calls an “executive assassination wing” during the Bush administration, perhaps controlled by the office of then Vice President Dick Cheney. [MinnPost (.com), 3/11/2009] (Hersh will later say he used the word “wing,” but it was widely misreported as “ring” in the media.) [CNN, 3/30/2009] Hersh says he will explain his charges more fully in an upcoming book. When asked about recent instances of a president exceeding his constitutional authority, Hersh gives a response that moves from CIA activities, through the Joint Special Operations Command, to the alleged “assassination wing”: “After 9/11, I haven’t written about this yet, but the Central Intelligence Agency was very deeply involved in domestic activities against people they thought to be enemies of the state. Without any legal authority for it. They haven’t been called on it yet. Right now, today, there was a story in the New York Times that if you read it carefully mentioned something known as the Joint Special Operations Command—JSOC it’s called. It is a special wing of our special operations community that is set up independently. They do not report to anybody, except in the Bush-Cheney days, they reported directly to the Cheney office. They did not report to the chairman of the Joint Chiefs of Staff or to Mr. [Robert] Gates, the secretary of defense. They reported directly to him.… Congress has no oversight of it. It’s an executive assassination wing essentially, and it’s been going on and on and on. Just today in the Times there was a story that its leaders, a three star admiral named [William H.] McRaven, ordered a stop to it because there were so many collateral deaths. Under President Bush’s authority, they’ve been going into countries, not talking to the ambassador or the CIA station chief, and finding people on a list and executing them and leaving. That’s been going on, in the name of all of us. It’s complicated because the guys doing it are not murderers, and yet they are committing what we would normally call murder. It’s a very complicated issue. Because they are young men that went into the Special Forces. The Delta Forces you’ve heard about. Navy Seal teams. Highly specialized. In many cases, they were the best and the brightest. Really, no exaggerations. Really fine guys that went in to do the kind of necessary jobs that they think you need to do to protect America. And then they find themselves torturing people. I’ve had people say to me—five years ago, I had one say: ‘What do you call it when you interrogate somebody and you leave them bleeding and they don’t get any medical committee and two days later he dies. Is that murder? What happens if I get before a committee?’ But they’re not gonna get before a committee.” Mondale says of Cheney and his office that “they ran a government within a government.” Hersh adds, “Eight or nine neoconservatives took over our country.” Mondale notes that the precedents of abuse of vice presidential power by Cheney would remain “like a loaded pistol that you leave on the dining room table.” [MinnPost (.com), 3/11/2009] CIA spokesman George Little responds to Hersh’s allegation by writing: “I saw your story on Seymour Hersh’s recent allegations regarding CIA activities since 9/11. If you wish, you can attribute the quoted portion that follows to me, in name, as a CIA spokesman: ‘This is utter nonsense.’” [MinnPost (.com), 3/12/2009]
Former Nixon White House counsel John Dean says that the allegation of an “executive assassination wing,” as recently made by investigative reporter Seymour Hersh (see March 10, 2009), could well be a war crime if it is true. Both Dean and MSNBC host Keith Olbermann note that if true, Cheney’s actions could well violate a 1976 executive order that states in part, “No employee of the United States government shall engage in or conspire to engage in political assassination.” Dean says: “[F]ighting terrorism is not dealing with tiddlywinks. We want our government to deal with the most effective tools they have. But they also have to be legal. The executive order, really, is nothing more than direction to the executive branch and the presidency is the only one who you can even argue might have the authority to engage in assassinations. It’s an unresolved question. So, it’s potentially a war crime, it’s potentially just outright murder, and it could clearly be in violation of the Ford executive order.” In the same broadcast, author and political analyst Howard Fineman says of Hersh’s report: “In checking around in the intelligence community today, I can say this, you know, Seymour Hersh is somebody they respect. They don’t always trust. But they put it this way, as one of them said to me, ‘Look, I don’t know anything about this specifically at all, but I wouldn’t dismiss what Sy Hersh is saying without checking carefully.’ That’s their backhanded way of saying it’s worth looking into, for sure.” [MSNBC, 3/12/2009]
A lawsuit filed by failed presidential candidate Alan Keyes and handled by lawyers Orly Taitz and Gary Kreep (see November 12, 2008 and After) is dismissed by the Superior Court of California. The lawsuit asked that since President Obama’s US citizenship is “unproven,” the court bar him from serving as president until the issue is “resolved.” [Superior Court of California, 3/13/2009] Appeals of the lawsuit, going all the way to the California Supreme Court, will be dismissed as well. [Disposition: Keyes v. Bowen, 2/2/2011]
9/12 Project logo. [Source: Springfield 9/12]Conservative radio and Fox News television host Glenn Beck tearfully announces the inception of the “9/12” project, which he claims is a nonpartisan effort to reclaim the spirit of cooperation and unity that suffused the nation on September 12, 2001, the day after the 9/11 attacks. “We weren’t told how to behave that day after 9/11, we just knew,” he says. “It was right; it was the opposite of what we feel today.” With tears flowing down his cheeks, Beck asks, “Are you ready to be the person you were that day after 9/11, on 9/12?” He assures his viewers, “You are not alone,” and says that the project has already grown into “something that millions are now participating in.” The project is “not about parties or politics or anything else,” he continues, but “about proving that the real power to change America’s course still resides with you. You are the secret. You are the answer.” He apologizes for his on-air weeping, and, holding his hand over his heart, sniffles: “I just love my country, and I fear for it. And it seems that the voices of our leaders and the special interests and the media that are surrounding us, it sounds intimidating. But you know what? Pull away the curtain. You’ll realize that there isn’t anybody there. It’s just a few people that are pressing the buttons, and their voices are actually really weak. Truth is, they don’t surround us. We surround them. This is our country.” He tells his viewers to visit The912Project.com, the Web site for the new organization. Beck then cuts to his producer, Steve (Stu) Burguiere, broadcasting from a “massive gathering” in Hollywood, “one of the most liberal cities in the country.” Burguiere begins reporting from an empty room, and begins by saying, “There’s still no one here.” He reiterates Beck’s opening line of “You’re not alone, unless you’re me.” Beck says, “Well, it must be traffic or something.” [Media Matters, 3/13/2009; Media Matters, 9/11/2009] Days before, Beck had announced his “We Surround Them” movement (see March 9, 2009), featuring actor/martial arts expert and secessionist Chuck Norris. The two organizations seem to dovetail with one another, and with the “tea party” groups (see April 8, 2009). Bloggers at SaveTheRich (.com) later learn that the 9/12 movement is actually a creation of FreedomWorks (see April 14, 2009), the conservative, corporate-funded “astroturf” organization behind the 2009 anti-health care protests. The organization begins planning for its September 12, 2009 march on Washington the same day as Beck announces his 9/12 project on Fox. SaveTheRich concludes that the entire project is a collusion between Fox News and FreedomWorks. Beck does not inform his audience of the connections between the organizations and his project. [SaveTheRich (.com), 4/17/2009; Media Matters, 9/11/2009]
Former Vice President Dick Cheney says that the Obama administration’s policies endanger America, and defends his administration’s actions, including warrantless wiretapping, torture of suspected terrorists, and its economic policies. Using torture against suspected terrorists and wiretapping Americans without court orders were both “absolutely essential” to get information needed to prevent terrorist attacks similar to that of 9/11, Cheney tells a CNN audience, though he does not use the word “torture.” But Obama’s new policies are putting America at risk, he says: “President Obama campaigned against it all across the country, and now he is making some choices that, in my mind, will, in fact, raise the risk to the American people of another attack.”
'Pre-9/11 Mindset' - Cheney says to return to a pre-9/11 mindset of treating terrorism as a law enforcement issue, rather than a military problem, is a mistake: “When you go back to the law enforcement mode, which I sense is what they’re doing, closing Guantanamo (see January 22, 2009) and so forth… they are very much giving up that center of attention and focus that’s required, that concept of military threat that is essential if you’re going to successfully defend the nation against further attacks.” Representative Joe Sestak (D-PA), appearing after Cheney, counters Cheney’s arguments, saying that the Bush/Cheney policies undercut “what is actually the source of America’s greatness—our principles.” Sestak asks, “How can we say that keeping a man in a black hole forever—perpetually in a black hole—and saying, ‘Let’s torture when we decide to,’ is what America stands for?” Sestak is a retired admiral who led the Navy’s anti-terrorism efforts.
Iraq a Success - As for Iraq, Cheney says that while his administration had to spend more money than it had anticipated, and although over 4,200 US soldiers have lost their lives fighting in that country, the invasion and occupation of Iraq is an almost-unvarnished success. The US has “accomplished nearly everything we set out to do” in Iraq, including establishing a democratic government in the Middle East, Cheney says. Cheney answers questions about the threat of supposed Iraqi weapons of mass destruction by saying, “We’ve eliminated that possibility.” Sestak disagrees, saying the problems the Bush/Cheney policies in Iraq created have overshadowed the “whole fabric” of US national security: “The cost of this war is something that I strongly believe has far, far hurt us. We’re going to recover, because we’re Americans. But Iraq was just one piece of our security, and this administration failed to realize that.”
Opposition to Hill as Iraqi Ambassador - Cheney says he does not support the Obama administration’s choice of Christopher Hill as the ambassador to Iraq (see March 18, 2009). Hill successfully concluded negotiations with North Korea during the last years of the Bush administration, but Cheney repudiates his accomplishments. “I did not support the work that Chris Hill did with respect to North Korea,” he says, and adds that Hill lacks the Middle East experience necessary for him to represent the US in Baghdad. “I think it’s a choice that I wouldn’t have made,” he says. [CNN, 3/15/2009]
The US Supreme Court hears the case of Citizens United v. Federal Election Commission, in which the Federal Election Commission (FEC) refused to let the conservative lobbying organization Citizens United (CU) air a film entitled Hillary: The Movie during the 2008 presidential primary season (see January 10-16, 2008). The FEC ruled that H:TM, as some have shortened the name, was not a film, but a 90-minute campaign ad with no other purpose than to smear and attack Senator Hillary Clinton (D-NY) as being unfit to hold office. A panel of appeals judges agreed with the FEC’s ruling, which found the film was “susceptible of no other interpretation than to inform the electorate that Senator Clinton is unfit for office, that the United States would be a dangerous place in a President Hillary Clinton world, and that viewers should vote against her.” As a campaign ad, the film’s airing on national network television came under campaign finance laws, particularly since the film was financed by corporate political donations. CU was allowed to air the film in theaters and sell it in DVD and other formats, but CU wanted to pay $1.2 million to have the movie aired on broadcast cable channels and video-on-demand (pay per view) services, and to advertise its broadcast. CU president David Bossie (see May 1998) hired former Bush Solicitor General Theodore Olson after the Supreme Court agreed to hear the case. Bossie denies that he chose Olson because of their shared loathing of the Clintons—they worked together to foment the “Arkansas Project,” a Clinton smear effort that resulted in Congress unsuccessfully impeaching President Clinton—but because Olson gave “us the best chance to win.” Bossie dedicated the Clinton film to Barbara Olson, Olson’s late wife, who died in the 9/11 attacks (see (9:20 a.m.) September 11, 2001). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] “I just don’t see how the Federal Election Commission has the authority to use campaign-finance rules to regulate advertising that is not related to campaigns,” Bossie told reporters last year. [Christian Science Monitor, 2/1/2008]
Uphold or Cut Back McCain-Feingold? - Observers, unaware of the behind-the-scenes machinations, believe the case gives the Court the opportunity to either uphold or cut back the body of law stemming from the Bipartisan Campaign Reform Act (BCRA, or McCain-Feingold) campaign finance law (see March 27, 2002), which limits the ability of corporations and labor unions to spend unlimited amounts of money on political advertising before elections. CU is arguing that the BCRA is unconstitutional, having argued before a previous court that the the BCRA law was unconstitutional in the way it was being enforced by the FEC against its film. In its brief to the Court, CU denies the film is any sort of “electioneering,” claiming: “Citizens United’s documentary engages in precisely the political debate the First Amendment was written to protect… The government’s position is so far-reaching that it would logically extend to corporate or union use of a microphone, printing press, or the Internet to express opinions—or articulate facts—pertinent to a presidential candidate’s fitness for office.” The Justice Department, siding with the FEC, calls the film an “unmistakable” political appeal, stating, “Every element of the film, including the narration, the visual images and audio track, and the selection of clips, advances the clear message that Senator Clinton lacked both the integrity and the qualifications to be president of the United States.” The film is closer to a political “infomercial” than a legitimate documentary, the Justice Department argues. The film’s “unmistakable message is that Senator Clinton’s character, beliefs, qualifications, and personal history make her unsuited to the office of the President of the United States,” according to a Justice Department lawyer, Edwin Kneedler, who filed a brief on behalf of the FEC. The Justice Department wants the Court to uphold FEC disclosure requirements triggered by promotional ads, while Olson and CU want the Court to strike down the requirements. Olson says financial backers of films such as H:TM may be reluctant to back a film if their support becomes publicly known. Kneedler, however, writes that such disclosure is in the public interest. The Reporters Committee for Freedom of the Press (RCFP) is joining CU in its court fight, stating in a brief, “By criminalizing the distribution of a long-form documentary film as if it were nothing more than a very long advertisement, the district court has created uncertainty about where the line between traditional news commentary and felonious advocacy lies.” Scott Nelson of the Public Citizen Litigation Group, which supports the BCRA, disagrees with RCFP’s stance, saying, “The idea that [the law] threatens legitimate journalism and people who are out creating documentaries, I think, is a stretch.” [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009] The RCFP has said that the movie “does not differ, in any relevant respect, from the critiques of presidential candidates produced throughout the entirety of American history.” And a lawyer with the RCFP, Gregg P. Leslie, asked, “Who is the FEC to decide what is news and what kind of format news is properly presented in?” [New York Times, 3/5/2009]
Filled with False Information - The movie was relentlessly panned by critics, who found much of its “information” either misrepresentative of Clinton or outright false. CU made several other films along with the Clinton documentary, which included attacks on filmmaker Michael Moore, the American Civil Liberties Union, illegal immigrants, and Clinton’s fellow presidential contender Barack Obama (D-IL—see October 28-30, 2008). [Washington Post, 3/15/2009; Christian Science Monitor, 3/23/2009]
Arguments Presented - Olson and his opponent, Deputy Solicitor General Malcolm Stewart, present arguments in the case to the assembled Court. Traditionally, lawyers with the Solicitor General (SG)‘s office are far more straightforward with the Court than is usual in advocacy-driven cases. New Yorker reporter Jeffrey Toobin later writes: “The solicitor general’s lawyers press their arguments in a way that hews strictly to existing precedent. They don’t hide unfavorable facts from the justices. They are straight shooters.” Stewart, who clerked for former Justice Harry Blackmun and is a veteran of the SG office since 1993, is well aware of the requirements of Court arguments. Justice Samuel Alito, a conservative justice with a penchant for asking tough questions that often hide their true intentions behind carefully neutral wording, is interested in seeing how far he can push Stewart’s argument. Does the BCRA apply only to television commercials, he asks, or might it regulate other means of communication during a federal campaign? “Do you think the Constitution required Congress to draw the line where it did, limiting this to broadcast and cable and so forth?” Could the law limit a corporation from “providing the same thing in a book? Would the Constitution permit the restriction of all those as well?” Stewart says that the BCRA indeed imposes such restrictions, stating, “Those could have been applied to additional media as well.” Could the government regulate the content of a book? Alito asks. “That’s pretty incredible. You think that if a book was published, a campaign biography that was the functional equivalent of express advocacy, that could be banned?” Stewart, who tardily realizes where Alito was going, attempts to recover. “I’m not saying it could be banned,” he responds. “I’m saying that Congress could prohibit the use of corporate treasury funds and could require a corporation to publish it using its—” Justice Anthony Kennedy, considered a “swing” justice in some areas but a reliable conservative vote in campaign-spending cases, interrupts Stewart. “Well, suppose it were an advocacy organization that had a book,” Kennedy says. “Your position is that, under the Constitution, the advertising for this book or the sale for the book itself could be prohibited within the 60- and 30-day periods?” Stewart gives what Toobin later calls “a reluctant, qualified yes.” At this point, Roberts speaks up. According to Toobin, Roberts intends to paint Stewart into something of a corner. “If it has one name, one use of the candidate’s name, it would be covered, correct?” Roberts asks. Stewart responds, “That’s correct.” Roberts then asks, “If it’s a 500-page book, and at the end it says, ‘And so vote for X,’ the government could ban that?” Stewart responds, “Well, if it says ‘vote for X,’ it would be express advocacy and it would be covered by the preexisting Federal Election Campaign Act (FECA—see February 7, 1972, 1974, May 11, 1976, and January 8, 1980) provisions.” Toobin later writes that with their “artful questioning, Alito, Kennedy, and Roberts ha[ve] turned a fairly obscure case about campaign-finance reform into a battle over government censorship.” Unwittingly, Stewart has argued that the government has the right to censor books because of a single line. Toobin later writes that Stewart is incorrect, that the government could not ban or censor books because of McCain-Feingold. The law applies to television advertisements, and stems from, as Toobin will write, “the pervasive influence of television advertising on electoral politics, the idea that commercials are somehow unavoidable in contemporary American life. The influence of books operates in a completely different way. Individuals have to make an affirmative choice to acquire and read a book. Congress would have no reason, and no justification, to ban a book under the First Amendment.” Legal scholars and pundits will later argue about Stewart’s answers to the three justices’ questions, but, as Toobin will later write, “the damage to the government’s case had been profound.” [New Yorker, 5/21/2012]
Behind the Scenes - Unbeknownst to the lawyers and the media, the Court initially renders a 5-4 verdict in favor of CU, and strikes down decades of campaign finance law, before withdrawing its verdict and agreeing to hear rearguments in the fall (see June 29, 2009). Toobin will write that the entire case is orchestrated behind the scenes, by Roberts and his fellow majority conservatives. Toobin will write of “a lengthy and bitter behind-the-scenes struggle among the justices that produced both secret unpublished opinions and a rare reargument of a case” that “reflects the aggressive conservative judicial activism of the Roberts Court.” Toobin will write that although the five conservatives are involved in broadening the scope of the case, and Kennedy actually writes the majority decision, “the result represented a triumph for Chief Justice Roberts. Even without writing the opinion, Roberts, more than anyone, shaped what the Court did. As American politics assumes its new form in the post-Citizens United era, the credit or the blame goes mostly to him.” The initial vote on the case is 5-4, with the five conservative justices—Alito, Kennedy, Roberts, Scalia, and Clarence Thomas—taking the majority.
Expansive Concurrence Becomes the Majority Opinion - At the outset, the case is decided on the basis of Olson’s narrow arguments, regarding the issue of a documentary being made available on demand by a nonprofit organization (CU). Roberts takes the majority opinion onto himself. The four liberals in the minority are confident Roberts’s opinion would be as narrow as Olson’s arguments. Roberts’s draft opinion is indeed that narrow. Kennedy writes a concurrence opining that the Court should go further and overturn McCain-Feingold, the 1990 Austin decision (see March 27, 1990), and end the ban on corporate donations to campaigns (see 1907). When the draft opinions circulates, the other three conservatives begin rallying towards Kennedy’s more expansive concurrence. Roberts then withdraws his draft and lets Kennedy write the majority opinion in line with his concurrence. Toobin later writes: “The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. Roberts’s approach to Citizens United conflicted with the position he had taken earlier in the term.” During arguments in a different case, Roberts had “berated at length” a lawyer “for his temerity in raising an issue that had not been addressed in the petition. Now Roberts was doing nearly the same thing to upset decades of settled expectations.”
Dissent - The senior Justice in the minority, John Paul Stevens, initially assigns the main dissent to Justice David Souter. Souter, who is in the process of retiring from the Court, writes a stinging dissent that documents some of the behind-the-scenes machinations in the case, including an accusation that Roberts violated the Court’s procedures to get the outcome he wanted. Toobin will call Souter’s planned dissent “an extraordinary, bridge-burning farewell to the Court” that Roberts feels “could damage the Court’s credibility.” Roberts offers a compromise: Souter will withdraw his dissent if the Court schedules a reargument of the case in the fall of 2009 (see June 29, 2009). The second argument would feature different “Questions Presented,” and the stakes of the case would be far clearer. The four minority justices find themselves in something of a conundrum. They feel that to offer the Kennedy opinion as it stands would be to “sandbag” them and the entire case, while a reargument would at least present the issues that the opinion was written to reflect. And there is already a 5-4 majority in favor of Kennedy’s expansive opinion. The liberals, with little hope of actually winning the case, agree to the reargument. The June 29, 2009 announcement will inform the parties that the Court is considering overturning two key decisions regarding campaign finance restrictions, including a decision rendered by the Roberts court (see March 27, 1990 and December 10, 2003) and allow essentially unlimited corporate spending in federal elections. Court observers will understand that the Court is not in the habit of publicly asking whether a previous Court decision should be overruled unless a majority is already prepared to do just that. Toobin will call Roberts and his four colleagues “impatient” to make the decision, in part because an early decision would allow the ruling to impact the 2010 midterm elections. [New Yorker, 5/21/2012]
Created to Give Courts Shot at McCain-Feingold - Critics, as yet unaware of the behind-the-scenes maneuvering, will later say that CU created the movie in order for it to fall afoul of the McCain-Feingold campaign finance law, and give the conservatives on the Court the opportunity to reverse or narrow the law. Nick Nyhart of Public Campaign will say: “The movie was created with the idea of establishing a vehicle to chip away at the decision. It was part of a very clear strategy to undo McCain-Feingold.” Bossie himself will later confirm that contention, saying: “We have been trying to defend our First Amendment rights for many, many years. We brought the case hoping that this would happen… to defeat McCain-Feingold.” [Washington Post, 1/22/2010] CU’s original lawyer on the case, James Bopp, will later verify that the case was brought specifically to give the Court a chance to cut back or overturn campaign finance law (see January 25, 2010). The Court will indeed overturn McCain-Feingold in the CU decision (see January 21, 2010).
Entity Tags: Clarence Thomas, US Department of Justice, Theodore (“Ted”) Olson, Scott Nelson, US Supreme Court, Bipartisan Campaign Reform Act of 2002, Citizens United, Barbara Olson, American Civil Liberties Union, Anthony Kennedy, Barack Obama, Samuel Alito, Reporters Committee for Freedom of the Press, William Jefferson (“Bill”) Clinton, Michael Moore, Hillary Clinton, Gregg P. Leslie, Nick Nyhart, Edwin Kneedler, David Souter, Federal Election Commission, James Bopp, Jr, John Paul Stevens, David Bossie, John G. Roberts, Jr, Jeffrey Toobin, Malcolm Stewart
Timeline Tags: Civil Liberties
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