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Obama Did It For the Money May 7, 2013

Posted by rogerhollander in Barack Obama, Economic Crisis.
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Roger’s note: Obama strikes again: rewarding another one the architects of the economic disaster that ruined thousands of lives.  But she got him elected and the banksters and the corporate blood-sucking congress-owning community will be pleased; and that is what is important to the president.

The love fest between Barack Obama and his top fundraiser Penny Pritzker that has led to her being nominated as Commerce secretary would not be so unseemly if they both just confessed that they did it for the money. Her money, not his, financed his rise to the White House from less promising days back in Chicago.

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President Barack Obama looks to longtime fundraiser Penny Pritzker, right, as she laughs in the Rose Garden of the White House, where he announced he would nominate Pritzker to run the Commerce Department and economic adviser Michael Froman, left, as the next U.S. Trade Representative. (Photo: AP/Carolyn Kaster)

“Without Penny Pritzker, it is unlikely that Barack Obama ever would have been elected to the United States Senate or the presidency,” according to a gushing New York Times report last year that read like the soaring jacket copy of a steamy romance novel. “When she first backed him during his 2004 Senate run, she was No. 152 on the Forbes list of the wealthiest Americans. He was a long-shot candidate who needed her support and imprimatur. Mr. Obama and Ms. Pritzker grew close, sometimes spending weekends with their families at her summer home.”

But don’t sell the lady short; she wasn’t swept along on some kind of celebrity joyride. Pritzker, the billionaire heir to part of the Hyatt Hotels fortune, has long been first off an avaricious capitalist, and if she backed Obama, it wasn’t for his looks. Never one to rest on the laurels of her immense inherited wealth, Pritzker has always wanted more. That’s what drove her to run Superior Bank into the subprime housing swamp that drowned the institution’s homeowners and depositors alike before she emerged richer than before.

Pritzker and her family had acquired the savings and loan with the help of $600 million in tax credits. She became the new bank’s chairwoman and ended up as a director of the holding company that owned it. Under her leadership, Superior specialized in subprime lending, hustling folks with meager means and poor credit into high interest loans that were bundled into the toxic securities that wrecked the U.S. economy.

As federal regulators began to move in on her bank after it had dangerously inflated the value of its toxic assets, Pritzker assured its employees: “Our commitment to subprime has never been stronger.” Two months later, the bank was pronounced insolvent. At the time, the Federal Deposit Insurance Corp.‘s inspector general report concluded, “The failure of Superior Bank was directly attributable to the board of directors and executive management ignoring sound risk diversification principles, as evidenced by excessive concentration in residual assets related to subprime lending. …”

No biggie. In announcing her appointment, Obama joked, “For your birthday present, you get to go through confirmation. It’s going to be great.” It’s the same sort of joke he could have cracked in appointing Citigroup alum Jack Lew to be Treasury secretary.

It is deeply revealing that in the midst of the continuing cycle of misery brought on by the chicanery of the financial community two key Cabinet positions dealing with business practices will likely be occupied by people who specialized in those financial rip-offs.

For Pritzker, as with the confirmation of Lew, the fix is in. The Republicans don’t dare push back too hard on shady business practices that their deregulation legislation endorsed, and Democrats will go along with anything the president wants.

The same restraint will be exhibited in exploring the offshore tax havens that have protected the Pritzker family’s immense wealth. Back in 2008, when she had been rumored for this same Cabinet post, Pritzker was queried about avoiding the sort of taxes most ordinary folks are obligated to pay, and she replied in writing: “I am a beneficiary of some non-U.S. situs trusts which were established about 50 years ago (when I was a child) and are administered by a non-U.S.–based financial institution as trustee. I do not control how those assets are administered.” If the Republicans challenge that canard, the Democrats will smugly remind them of Mitt Romney’s tax havens, as if that excuses tax avoidance within their own ranks.

Certainly the Republicans will not raise questions about the anti-union practices that helped create the Hyatt fortune in the first place and continue to this day. Nor will the Democrats, who embrace unions only at national convention time.

“There is a huge unresolved set of issues in the Democratic Party between people of wealth and people who work,” noted Andy Stern, former president of the Service Employees International Union, which attempts to organize the miserably paid workers that produced Pritzker’s wealth. “Penny is a living example of that issue.”

But it’s payback time, and even normally progressive Democrats like Pritzker’s home state Sen. Dick Durbin are prepared to roll over. Treating the appointment of billionaire Pritzker as a victory for women everywhere, the senator said she’d “broken through the glass ceiling with her extraordinary intelligence and business acumen.”

Right, Pritzker will be a fine role model for those women working at the Asian factories that she’ll be touring as Commerce secretary extolling the virtues of the American business model.

Robert Scheer

Robert Scheer is editor of Truthdig.com and a regular columnist for The San Francisco Chronicle.

Gitmo Groups Call Out Obama Over Political Cowardice April 30, 2013

Posted by rogerhollander in Barack Obama, Criminal Justice, Health, Human Rights, Torture.
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Roger’s note: On the first day of his presidency, Obama promised to close Guantánamo within a year.  That was over five years ago.  Guantánamo is a national disgrace and only one example of the president’s abominable lack of ethics, courage, and  of his broken promises.

‘Congress has very little to do with it’: Following press conference, groups say Obama has only himself to blame for Guantanamo

- Jacob Chamberlain, staff writer

U.S. President Barack Obama stated at a press conference on Tuesday that he would like to shut down the Guantanamo Bay prison but said that Congress was to blame for blockading any such action.

However, rights groups are calling Obama’s bluff, saying he actually does have the power to transfer detainees and put an end to the indefinite detention, solitary confinement, and torture inherent within the military prison—without the approval of Congress—and that he simply lacks the political courage to do so.

Obama stated Tuesday:

Now Congress determined that they would not let us close it and despite the fact that there are a number of the folks who are currently in Guantanamo who the courts have said could be returned to their country of origin or potentially a third country. . . . And so I’m going to — as I’ve said before, we’re — examine every option that we have administratively to try to deal with this issue. But ultimately, we’re also going to need some help from Congress.

In response, lawyers for Guantanamo detainees at the Center for Constitutional Rights stated, “We praise the president for re-affirming his commitment to closing the base but take issue with the impression he strives to give that it is largely up to Congress.”

Rather than waiting for Congress to make a move on Guantanamo, CCR reports Tuesday that Obama has the autonomy to take a number of actions:

  • Congress is certainly responsible for imposing unprecedented restrictions on detainee transfers, but President Obama still has the power to transfer men right now. He should use the certification/waiver process created by Congress to transfer detainees, starting with the 86 men who have been cleared for release, including our client Djamel Ameziane.
  • Congress may have tied one hand behind his back, but he has tied the other: he should lift his self-imposed moratorium on transfers to Yemen regardless of a detainee’s status. It’s collective punishment based on citizenship, and needs to be reevaluated now.
  • President Obama should appoint a senior government official to shepherd the process of closure, and should give that person sufficient authority to resolve inter-agency disputes.
  • The President must demonstrate immediate, tangible progress toward the closure of Guantanamo or the men who are on hunger strike will die, and he will be ultimately responsible for their deaths.

Likewise, the ACLU affirmed Tuesday that Obama holds certain powers to release at least half of the Guantanamo detainees:

There are two things the president should do. One is to appoint a senior point person so that the administration’s Guantánamo closure policy is directed by the White House and not by Pentagon bureaucrats. The president can also order the secretary of defense to start certifying for transfer detainees who have been cleared, which is more than half the Guantánamo population.

Carlos Warner, an attorney representing 11 Guantanamo prisoners, said today:

I applaud President Obama’s remarks — he hasn’t mentioned Guantanamo in years — but the fact is that Congress has very little to do with it. NDAA as written allows the President to transfer individuals if it’s in the national security of the United States. The President’s statement made clear that Guantanamo negatively impacts our national security. The question is not whether the administration has the authority to transfer innocent men, but whether it has the political courage to do so.

And writing at the Lawfare Tuesday, Benjamin Wittes adds that Obama’s comments on Tuesday are a direct contradiction of his own self imposed policies. Wittes states:

The President’s comments are bewildering because his own policies give rise to the vast majority of the concerns about which he so earnestly delivered himself in these remarks.

Remember that Obama himself has imposed a moratorium on repatriating people to Yemen. And Obama himself has insisted that nearly 50 detainees cannot either be tried or transferred.

‘Torture Reinforcements’ Not ‘Medical Personnel’ Arrive to Combat Gitmo Hunger Strike

US Military Calls in ‘Force-Feeding Teams’ as Guantanamo Hunger Strike Continues

- Jon Queally, staff writer

A US military guard carries shackles at the US detention center in Guantánamo Bay. (Photograph: John Moore/Getty Images)

The US military has confirmed that at least 40 “medical personnel” have arrived at the Guantanamo Bay detention facility in order to expand a force-feeding operation designed to counter an ongoing hunger strike by more than 100 prisoners protesting their indefinite detention and ill treatment.

But because the procedure of “force-feeding” is widely held as a form of torture, critics of the practice may well view the medical teams as nothing more than ‘torture reinforcements’ as the number of those approved for the painful process continues to grow and their conditions deteriorate.

Military authorities repeatedly claim that force-feedings are somehow necessary, but experts are unequivocal when they declare that the procedure is torture.

The United Nations Human Rights Commission considers the practice of force-feeding—in which detainees are strapped to a restraining chair, have tubes pushed up their nostrils and liquids pumped down their throats—a clear form of torture. In addition, the World Medical Association prohibits its physicians from participating in force-feeding and the American Medical Association has just sent a letter to the Pentagon calling the practice an affront to accepted medical ethics.

One detainee, speaking recently through his lawyer David Remes, described the process by saying it felt a “razor blade [going] down through your nose and into your throat.”

In an interview with the Guardian, Remes discussed the treatment of those at Guantanamo as he pushed back against the US military’s claims that it is safeguarding the prisoners by torturing them. “It’s like the way you would treat an animal,” he said. Watch:

Despite testimony like this and the many objections by human rights advocates, reports indicate that at least 21 men have been approved for force feeding at the US prison.

As The Guardian reports:

Authorities said that the “influx” of medical reinforcements had been weeks in the planning. But the news will fuel speculation that the condition of hunger-striking prisoners at Guantánamo Bay is deteriorating. Shaker Aamer, the last British resident being kept at the centre, told his lawyer earlier this month that authorities will soon see fatalities as a result of the current action.

“I cannot give you numbers and names, but people are dying here,” said Aamer, who is refusing food.

The action is a protest against conditions at the centre, as well as the indefinite nature of the remaining prisoners’ confinement. Aamer has been cleared for release twice, but is still behind bars after 11 years. He has never been charged or faced trial but the US refuses to allow him to return to the UK, despite official protests by the British government.

Late last week, president of the American Medical Association, Dr. Jeremy Lazarus, sent a letter to US Secretary of Defense Chuck Hagel in order to remind the Pentagon that the AMA’s long-held view is that force feeding is both an unethical and inhumane practic practice.

As Reuters report:

[The AMA letter] urged the defense secretary “to address any situation in which a physician may be asked to violate the ethical standards of his or her profession.”

Hagel had just returned from a trip to the Middle East and it was unclear whether he had seen the letter, said Pentagon spokesman Army Lieutenant Colonel Todd Breasseale.

Asked if military doctors had raised ethical concerns about being asked to perform force-feedings, Breasseale said, “I can tell you there have been no organized efforts, but I cannot speak for individual physicians.

Vince Warren, director of the Center for Constitutional Rights which represents many of the detainees, welcomed the AMA’s letter.

“In reaffirming its long-standing opposition to force feeding Guantanamo prisoners, the country’s most prominent medical association has delivered a stinging rebuke to the Obama administration’s wholly inadequate response to the hunger strik,” Warren said. “The administration cannot force feed its way out of this growing medical emergency.”

He added, “The only true solution is to resume transfers of prisoners and close Guantanamo.”

________________________________________________

 

Obama: Speak Loudly and Carry a Toothpick January 23, 2013

Posted by rogerhollander in Barack Obama.
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President Obama, standard-bearer of the Republican agenda,*  takes on the Tea Party in inaugural address.
*war mongering (drone missiles, Afghanistan escalation, Pakistan, Libya, Sudan, and heeeeeere comes Iran)
*support of Israel Gaza massacres
*support of Latin America coups (Honduras, Paraguay) and right-wing governments (Colombia, Panama, Mexico)
*bank/Wall Street bailouts
*insurance industry health care plan
*protecting torturers (past:Bush/Cheney; present: Bagram)
*destroying public education (standardized testing)
*state secrets
*pursuing whistle blowers
*Patriot Act
*presidential kill list
*indefinite detention
*your favorite Obama cop-out here _____________________________

GOP and Feinstein Join to Fulfill Obama’s Demand for Renewed Warrantless Eavesdropping December 29, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy.
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Roger’s note: More Obama hypocrisy and lies.

 

Published on Friday, December 28, 2012 by The Guardian/UK

The California Democrat’s disgusting rhetoric recalls the worst of Dick Cheney while advancing Obama’s agenda

Dianne Feinstein, Saxby Chambliss, Mike Rogers

Democratic Senate Intelligence Committee chair Dianne Feinstein joined with GOP Senator Saxby Chambliss (right) to extend Obama’s warrantless eavesdropping powers. (Photograph: J Scott Applewhite/AP)

by Glenn Greenwald

To this day, many people identify mid-2008 as the time they realized what type of politician Barack Obama actually is. Six months before, when seeking the Democratic nomination, then-Sen. Obama unambiguously vowed that he would filibuster “any bill” that retroactively immunized the telecom industry for having participated in the illegal Bush NSA warrantless eavesdropping program.

But in July 2008, once he had secured the nomination, a bill came before the Senate that did exactly that – the FISA Amendments Act of 2008 – and Obama not only failed to filibuster as promised, but far worse, he voted against the filibuster brought by other Senators, and then voted in favor of enacting the bill itself. That blatant, unblinking violation of his own clear promise – actively supporting a bill he had sworn months earlier he would block from a vote – caused a serious rift even in the middle of an election year between Obama and his own supporters.

Critically, the FISA Amendments Act of 2008 did much more than shield lawbreaking telecoms from all forms of legal accountability. Jointly written by Dick Cheney and then-Senate Intelligence Committee Chair Jay Rockefeller, it also legalized vast new, sweeping and almost certainly unconstitutional forms of warrantless government eavesdropping.

In doing so, the new 2008 law gutted the 30-year-old FISA statute that had been enacted to prevent the decades of severe spying abuses discovered by the mid-1970s Church Committee: by simply barring the government from eavesdropping on the communications of Americans without first obtaining a warrant from a court. Worst of all, the 2008 law legalized most of what Democrats had spent years pretending was such a scandal: the NSA warrantless eavesdropping program secretly implemented by George Bush after the 9/11 attack. In other words, the warrantless eavesdropping “scandal” that led to a Pulitzer Prize for the New York Times reporters who revealed it ended not with investigations or prosecutions for those who illegally spied on Americans, but with the Congressional GOP joining with key Democrats (including Obama) to legalize most of what Bush and Cheney had done. Ever since, the Obama DOJ has invoked secrecy and standing doctrines to prevent any courts from ruling on whether the warrantless eavesdropping powers granted by the 2008 law violate the Constitution.

The 2008 FISA law provided that it would expire in four years unless renewed. Yesterday, the Senate debated its renewal. Several Senators – Democrats Jeff Merkley and Ron Wyden of Oregon along with Kentucky GOP Senator Rand Paul – each attempted to attach amendments to the law simply to provide some modest amounts of transparency and oversight to ensure that the government’s warrantless eavesdropping powers were constrained and checked from abuse.

Just consider how modest these amendments were. Along with Democratic Sen. Mark Udall of Colorado, Sen. Wyden has spent two years warning Americans that the government’s eavesdropping powers are being interpreted (by secret court decisions and the Executive Branch) far more broadly than they would ever suspect, and that, as a result, these eavesdropping powers are being applied far more invasively and extensively than is commonly understood.

As a result, Wyden yesterday had two amendments: one that would simply require the NSA to give a general estimate of how many Americans are having their communications intercepted under this law (information the NSA has steadfastly refused to provide), and another which would state that the NSA is barred from eavesdropping on Americans on US soil without a warrant. Merkley’s amendment would compel the public release of secret judicial rulings from the FISA court which purport to interpret the scope of the eavesdropping law on the ground that “secret law is inconsistent with democratic governance”; the Obama administration has refused to release a single such opinion even though the court, “on at least one occasion”, found that the government was violating the Fourth Amendment in how it was using the law to eavesdrop on Americans.

But the Obama White House opposed all amendments, demanding a “clean” renewal of the law without any oversight or transparency reforms. Earlier this month, the GOP-led House complied by passing a reform-free version of the law’s renewal, and sent the bill Obama wanted to the Senate, where it was debated yesterday afternoon.

The Democratic Chair of the Senate Intelligence Committee, Dianne Feinstein, took the lead in attacking Wyden, Merkley, Udall and Paul with the most foul Cheneyite accusations, and demanded renewal of the FISA law without any reforms. And then predictably, in virtually identical 37-54 votes, Feinstein and her conservative-Democratic comrades joined with virtually the entire GOP caucus (except for three Senators: Paul, Mike Lee and Dean Heller) to reject each one of the proposed amendments and thus give Obama exactly what he demanded: reform-free renewal of the law (while a few Democratic Senators have displayed genuine, sustained commitment to these issues, most Democrats who voted against FISA renewal yesterday did so symbolically and half-heartedly, knowing and not caring that they would lose as evidenced by the lack of an attempted filibuster).

In other words, Obama successfully relied on Senate Republicans (the ones his supporters depict as the Root of All Evil) along with a dozen of the most militaristic Democrats to ensure that he can continue to eavesdrop on Americans without any warrants, transparency or real oversight. That’s the standard coalition that has spent the last four years extending Bush/Cheney theories, eroding core liberties and entrenching endless militarism: Obama + the GOP caucus + Feinstein-type Democrats. As Michelle Richardson, the ACLU’s legislative counsel, put it to the Huffington Post: “I bet [Bush] is laughing his ass off.”

But what’s most remarkable here is not so much what happened but how it happened. When Obama voted in 2008 to massively increase the government’s warrantless eavesdropping powers, I so vividly recall his supporters insisting that he was only doing this because he wanted to win the election, and then would get into power and fix these abuses by reversing them. Yes, there were actually large numbers of people who believed this. And they were encouraged to believe this by Obama himself, who, in explaining his 2008 vote, said things like this:

“I know that the FISA bill that passed the House is far from perfect. I wouldn’t have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush’s abuse of executive power. . . .

I do so [vote for the FISA bill] with the firm intention – once I’m sworn in as president – to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future.”

Needless to say, none of that ever happened. Now, the warrantless eavesdropping bill that Obama insisted was plagued by numerous imperfections is one that he is demanding be renewed without a single change. Last week, Marcy Wheeler documented the huge gap between (a) what Obama vowed he would do when he voted for this law in 2008 versus (b) what he has actually done in power (they’re opposites).

Indeed, when it came time last year to vote on renewal of the Patriot Act – remember how Democrats used to pretend during the Bush years to find the Patriot Act so alarming? – the Obama administration also demanded its renewal without a single reform. When a handful of Senators led by Rand Paul nonetheless proposed modest amendments to eliminate some of the documented abuses of the Patriot Act, Democratic majority leader Harry Reid did his best Dick Cheney impression by accusing these disobedient lawmakers of risking a Terrorist attack by delaying renewal:

“When the clock strikes midnight tomorrow, we will be giving terrorists the opportunity to plot against our country undetected. The senator from Kentucky is threatening to take away the best tools we have for stopping them.

“We all remember the tragic Fort Hood shootings less than two years ago. Radicalized American terrorists bought guns and used them to kill 13 civilians [by "civilians", Reid means: members of the US military]. It is hard to imagine why the senator would want to hold up the Patriot Act for a misguided amendment that would make American less safe.”

In other words: if you even try to debate the Patriot Act or add any amendments to it, then you are helping the Terrorists: classic Dick Cheney. (Democratic Sen. Udall defended Paul from Reid’s disgusting attack: “This is not a Patriot Act. Patriots stand up for the Constitution. Patriots stand up for freedom and liberty that’s embodied in the Constitution. And I think true patriots, when they’re public servants, public servants stand up and do what’s right, even if it’s unpopular”).

Yesterday, I watched as Dianne Feinstein went well beyond Harry Reid’s disgusting Cheneyite display. Feinstein is one of the Senate’s richest plutocrats, whose husband, Richard Blum, has coincidentally been quite enriched by military and other government contracts during her Senate career. During this time, Feinstein has acted as the most faithful servant in the Senate of the National Security State’s unchecked, authoritarian power.

Yesterday, Feinstein stood up on the Senate floor and began by heaping praise on her GOP comrade, Sen. Saxby Chambliss of Georgia, for leading his caucus to join her in renewing the FISA act without any reforms. She then unleashed a vile attack on her Democratic colleagues – Wyden, Merkley, and Udall, along with Paul – in which she repeatedly accused them of trying to make the nation vulnerable to a Terrorist attack.

Feinstein insisted that one could support their amendments only if “you believe that no one is going to attack us”. She warned that their amendments would cause “another 9/11″. She rambled about Najibullah Zazi and his attempt to detonate a bomb on the New York City subway: as though a warrant requirement, let alone disclosure requirements for the eavesdropping program, would have prevented his detection. Having learned so well from Rudy Giuliani (and Harry Reid), she basically just screamed “Terrorist!” and “9/11″ over and over until her time ran out, and then proudly sat down as though she had mounted rational arguments against the transparency and oversight amendments advocated by Wyden, Merkley, Udall and Paul.

Even more notably, Feinstein repeatedly argued that requiring even basic disclosure about the eavesdropping program – such as telling Americans how many of them are targeted by it – would, as she put it, “destroy the program”. But if “the program” is being conducted properly and lawfully, why would that kind of transparency kill the program? As the ACLU’s Richardson noted: “That Sen. Feinstein says public oversight will lead to the end of the program says a lot about the info that’s being hidden.” In response to her warnings that basic oversight and transparency would destroy the program, Mother Jones’ Adam Serwer similarly asked: “Why, if it’s all on the up and up?”

All of this was accomplished with the core Bush/Cheney tactic used over and over: they purposely waited until days before the law is set to expire to vote on its renewal, then told anyone who wants reforms that there is no time to consider them, and that anyone who attempted debate would cause the law to expire and risk a Terrorist attack. Over and over yesterday, Feinstein stressed that only “four days remained” before the law expires and that any attempts even to debate the law, let alone amend it, would leave the nation vulnerable.

It’s hard to put into words just how extreme was Feinstein’s day-long fear-mongering tirade. “I’ve never seen a Congressional member argue so strongly against Executive Branch oversight as Sen. Feinstein did today re the FISA law,” said Micah Zenko of the Council on Foreign Relations. Referring to Feinstein’s alternating denials and justifications for warrantless eavesdropping on Americans, the ACLU’s Jameel Jaffer observed: “This FISA debate reminds of the torture debate circa 2004: We don’t torture! And anyway, we have to torture, we don’t have any choice.”

Jaffer added that Feinstein’s strident denials that secret warrantless eavesdropping poses any dangers “almost makes you nostalgic for Ashcroft’s ‘phantoms of lost liberty’ speech” – referring to the infamous 2001 decree from Bush’s Attorney General:

“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists for they erode our unity and diminish our resolve. They give ammunition to America’s enemies and pause to America’s friends.”

That is exactly the foul message which Dianne Feinstein, doing the bidding of the Obama White House, spewed at her liberal Senate colleagues (and a tiny handful of Republicans) for the crime of wanting to bring some marginal transparency and oversight to the warrantless eavesdropping powers with which Obama vested himself when voting in 2008 for that FISA law. As it turns out, Yale Law Professor Jack Balkin had it exactly right in mid-2008 when explaining – in the face of lots of progressive confusion and even anger – why Obama decided to support a FISA bill that vested the executive with massive unchecked eavesdroppoing power: namely, Obama “plans to be the executive”, so “from Obama’s perspective, what’s not to like?”

Just four or five years ago, objections to warrantless eavesdropping were a prime grievance of Democrats against Bush. The controversies that arose from it were protracted, intense, and often ugly. Progressives loved to depict themselves as stalwartly opposing right-wing radicalism in defense of Our Values and the Constitution.

Fast forward to 2012 and all of that, literally, has changed. Now it’s a Democratic President demanding reform-free renewal of his warrantless eavesdropping powers. He joins with the Republican Party to codify them. A beloved Democratic Senator from a solidly blue state leads the fear-mongering campaign and Terrorist-enabling slurs against anyone who opposes it. And it now all happens with virtually no media attention or controversy because the two parties collaborate so harmoniously to make it happen. And thus does a core guarantee of the founding – the search warrant requirement of the Fourth Amendment – blissfully disappear into nothingness.

Here we find yet again a defining attribute of the Obama legacy: the transformation of what was until recently a symbol of right-wing radicalism – warrantless eavesdropping – into meekly accepted bipartisan consensus. But it’s not just the policies that are so transformed but the mentality and rhetoric that accompanies them: anyone who stands in the way of the US Government’s demands for unaccountable, secret power is helping the Terrorists. “The administration has decided the program should be classified”, decreed Feinstein, and that is that.

In 2005, the Bush White House invoked the “very bad guy” defense to assure us that we need not worry about the administration’s secret warrantless eavesdropping program; as a Bush White House spokesman put it:

“This is a limited program. This is not about monitoring phone calls designed to arrange Little League practice or what to bring to a potluck dinner. These are designed to monitor calls from very bad people to very bad people who have a history of blowing up commuter trains, weddings and churches.”

In 1968, Nixon Attorney General John Mitchell similarly told the public in the face of rising concerns over government eavesdropping powers that “any citizen of this United States who is not involved in some illegal activity has nothing to fear whatsoever.” That is the noble tradition which the Obama White House, Dianne Feinstein and their GOP partners are continuing now.

© 2012 Guardian News and Media Limited

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon. His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican Politics, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

Obama: A GOP President Should Have Rules Limiting the Kill List November 27, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, Pakistan, War, War on Terror.
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Roger’s note: No one says it better than Glenn Greenwald.

Published on Tuesday, November 27, 2012 by The Guardian/UK

The president’s flattering view of himself reflects the political sentiments in his party and the citizenry generally

  by  Glenn Greenwald

For the last four years, Barack Obama has not only asserted, but aggressively exercised, the power to target for execution anyone he wants, including US citizens, anywhere in the world. He has vigorously resisted not only legal limits on this assassination power, but even efforts to bring some minimal transparency to the execution orders he issues.

Mitt Romney and Barack Obama during the second US presidential debate. (Photograph: Mike Segar/Reuters)

This claimed power has resulted in four straight years of air bombings in multiple Muslim countries in which no war has been declared – using drones, cruise missiles and cluster bombs – ending the lives of more than 2,500 people, almost always far away from any actual battlefield. They are typically targeted while riding in cars, at work, at home, and while even rescuing or attending funerals for others whom Obama has targeted. A substantial portion of those whom he has killed – at the very least – have been civilians, including dozens of children.

Worse still, his administration has worked to ensure that this power is subject to the fewest constraints possible. This was accomplished first by advocating the vague, sweeping Bush/Cheney interpretation of the 2001 Authorization to Use Military Force (AUMF) – whereby the President can target not only the groups which perpetrated the 9/11 attack (as the AUMF provides) but also those he claims are “associated” which such groups, and can target not only members of such groups (as the AUMF states) but also individuals he claims provide “substantial support” to those groups. Obama then entrenched these broad theories by signing into law the 2011 National Defense Authorization Act, which permanently codified those Bush/Cheney interpretation of these war powers.

From the start, Obama officials have also ensured that these powers have no physical limits, as they unequivocally embraced what was once the core and highly controversial precept of Bush/Cheney radicalism: that the US is fighting a “global war” in which the “whole world is a battlefield”, which means there are no geographical constraints to the president’s war powers. In sum, we have had four straight years of a president who has wielded what is literally the most extreme and tyrannical power a government can claim – to execute anyone the leader wants, even his own citizens, in total secrecy and without a whiff of due process – and who has resisted all efforts to impose a framework of limits or even transparency.

But finally, according to a new article on Sunday by The New York Times’ Scott Shane, President Obama was recently convinced that some limits and a real legal framework might be needed to govern the exercise of this assassination power. What was it that prompted Obama finally to reach this conclusion? It was the fear that he might lose the election, which meant that a Big, Bad Republican would wield these powers, rather than a benevolent, trustworthy, noble Democrat – i.e., himself [emphasis added]:

“Facing the possibility that President Obama might not win a second term, his administration accelerated work in the weeks before the election to develop explicit rules for the targeted killing of terrorists by unmanned drones, so that a new president would inherit clear standards and procedures, according to two administration officials. . . .

“The matter may have lost some urgency after Nov. 6. But . . . Mr. Obama and his advisers are still debating whether remote-control killing should be a measure of last resort against imminent threats to the United States, or a more flexible tool, available to help allied governments attack their enemies or to prevent militants from controlling territory. . . .

For years before the Sept. 11, 2001, attacks, the United States routinely condemned targeted killings of suspected terrorists by Israel, and most countries still object to such measures.

“But since the first targeted killing by the United States in 2002, two administrations have taken the position that the United States is at war with Al Qaeda and its allies and can legally defend itself by striking its enemies wherever they are found.

“Partly because United Nations officials know that the United States is setting a legal and ethical precedent for other countries developing armed drones, the U.N. plans to open a unit in Geneva early next year to investigate American drone strikes. . . .

“The attempt to write a formal rule book for targeted killing began last summer after news reports on the drone program, started under President George W. Bush and expanded by Mr. Obama, revealed some details of the president’s role in the shifting procedures for compiling ‘kill lists’ and approving strikes. Though national security officials insist that the process is meticulous and lawful, the president and top aides believe it should be institutionalized, a course of action that seemed particularly urgent when it appeared that Mitt Romney might win the presidency.

“‘There was concern that the levers might no longer be in our hands,’ said one official, speaking on condition of anonymity. With a continuing debate about the proper limits of drone strikes, Mr. Obama did not want to leave an ‘amorphous’ program to his successor, the official said. The effort, which would have been rushed to completion by January had Mr. Romney won, will now be finished at a more leisurely pace, the official said.”

Now that Obama rather than Romney won, such rules will be developed “at a more leisurely pace”. Despite Obama’s suggestion that it might be good if even he had some legal framework in which to operate, he’s been in no rush to subject himself to any such rules in four full years of killing thousands of people. This makes it safe to assume that by “a more leisurely pace”, this anonymous Obama official means: “never”.

There are many important points raised by this report: Kevin Gosztola and Marcy Wheeler, among others, have done their typically excellent job of discussing some of them, while this Guardian article from Sunday reports on the reaction of the ACLU and others to the typical Obama manipulation of secrecy powers on display here (as usual, these matters are too secret to permit any FOIA disclosure or judicial scrutiny, but Obama officials are free to selectively leak what they want us to know to the front page of the New York Times). I want to focus on one key point highlighted by all of this:

Democratic Party benevolence

The hubris and self-regard driving this is stunning – but also quite typical of Democratic thinking generally in the Obama era. The premise here is as self-evident as it is repellent:

I’m a Good Democrat and a benevolent leader; therefore, no limits, oversight, checks and balances, legal or Constitutional constraints, transparency or due process are necessary for me to exercise even the most awesome powers, such as ordering people executed. Because of my inherent Goodness and proven progressive wisdom, I can be trusted to wield these unlimited powers unilaterally and in the dark.

Things like checks, oversight and due process are desperately needed only for Republicans, because – unlike me – those people are malevolent and therefore might abuse these powers and thus shouldn’t be trusted with absolute, unchecked authority. They – but not I – urgently need restrictions on their powers.

This mentality is not only the animating belief of President Obama, but also the sizable portion of American Democrats which adores him.

There are many reasons why so many self-identified progressives in the US have so radically changed their posture on these issues when Barack Obama replaced George W. Bush. Those include (a) the subordination of all ostensible beliefs to their hunger for partisan power; (b) they never actually believed these claimed principles in the first place but only advocated them for partisan opportunism, i.e., as a way to discredit the GOP President; and (c) they are now convinced that these abuses will only be used against Muslims and, consumed by self-interest, they concluded that these abuses are not worth caring about because it only affects Others (this is the non-Muslim privilege enjoyed by most US progressives, which shields them from ever being targeted, so they simply do not care; the more honest ones of this type even admit this motivation).

But the primary reason for this fundamental change in posture is that they genuinely share the self-glorifying worldview driving Obama here. The core premise is that the political world is shaped by a clean battle of Good v. Evil. The side of Good is the Democratic Party; the side of Evil is the GOP. All political truths are ascertainable through this Manichean prism.

This is the simplistic, self-flattering morality narrative that gets reinforced for them over and over as they sit for hours every day having their assumptions flattered and validated (and never questioned or challenged) by watching MSNBC, reading pro-Obama blogs that regularly churn out paeans to his greatness, and drinking up the hundreds of millions of dollars of expertly crafted election-year propaganda from the Party that peddles this Justice League cartoon.

The result is that, for so many, it is genuinely inconceivable that a leader as noble, kind and wise as Barack Obama would abuse his assassination and detention powers. It isn’t just rank partisan opportunism or privilege that leads them not to object to Obama’s embrace of these radical powers and the dangerous theories that shield those powers from checks or scrutiny. It’s that they sincerely admire him as a leader and a man so much that they believe in their heart (like Obama himself obviously believes) that due process, checks and transparency are not necessary when he wields these powers. Unlike when a GOP villain is empowered, Obama’s Goodness and his wisdom are the only safeguards we need.

Thus, when Obama orders someone killed, no due process is necessary and we don’t need to see any evidence of their guilt; we can (and do) just assume that the targeted person is a Terrorist and deserves death because Obama has decreed this to be so. When Obama orders a person to remain indefinitely in a cage without any charges or any opportunity to contest the validity of the imprisonment, that’s unobjectionable because the person must be a Terrorist or otherwise dangerous – or else Obama wouldn’t order him imprisoned. We don’t need proof, or disclosed evidence, or due process to determine the validity of these accusations; that it is Obama making these decisions is all the assurance we need because we trust him.

Similar sentiments shaping the Bush era

This mindset is so recognizable because it is also what drove Bush followers for years as they defended his seizures of unchecked authority and secrecy powers. Those who spent years arguing against the Bush/Cheney seizure of extremist powers always confronted this mentality at bottom, once the pseudo-intellectual justifications were debunked: George Bush is a Good man and a noble leader who can be trusted to exercise these powers in secret and with no checks, because he only wants to keep us safe and will only target the Terrorists.

Molded by exactly the same species of drooling presidential hagiography now so prevalent in progressive circles – compare this from the Bush era to things like this and this – conservatives believed that Bush was a good man and a great leader and thus needed no safeguards or transparency. If Bush wanted to eavesdrop on someone, or wanted to imprison someone, then – solely by virtue of his decree – we could and should assume the person was a Terrorist, or at least there was ample evidence to believe he was.

We were graced with a leader we could trust to exercise unlimited war powers in the dark. This is precisely the same mentality applied by Democrats (and by Obama himself) to the current President, except it not only justifies due-process-free eavesdropping and detention but also execution.

Faith v. reason and evidence

It is, for several reasons, extraordinary that so many citizens have been successfully trained to so venerate their Party’s leaders that they literally believe no checks or transparency are necessary, even as those leaders wield the most extremist powers: executing people, bombing multiple countries, imprisoning people with no charges, mass monitoring and surveilling of entire communities.

For one, there is ample evidence that virtually every leader of both major parties over the last century systematically abused these powers because they were able to exercise them in the dark. It was this discovery by the Church Committee that led to the reforms of the mid-1970s – reforms grounded in the premise that virtually all leaders, by virtue of human nature, will inevitably abuse these powers, exercise them for ignoble ends, if they operate without serious restraints and oversight. One has to ignore all of this historic evidence in order to place trust in any particular leader to exercise these powers without checks.

Then there is all the specific evidence of all the post-9/11 abuses. Over the last decade, the US government – under both parties – has repeatedly accused people of being Terrorists and punished them as Terrorists who were nothing of the sort. Whether due to gross error or more corrupt motives, the Executive Branch and its various intelligence and military agencies have proven beyond any reasonable doubt that their mere accusation that someone is a Terrorist – unproven with evidence and untested by any independent tribunal – is definitively unreliable.

Even beyond that, it is well-documented that the US government, under Obama, often targets people for death when they don’t even know the identity of the person they’re trying to kill. From the Sunday New York Times article:

“Then there is the matter of strikes against people whose identities are unknown. In an online video chat in January, Mr. Obama spoke of the strikes in Pakistan as ‘a targeted, focused effort at people who are on a list of active terrorists.’ But for several years, first in Pakistan and later in Yemen, in addition to ‘personality strikes’ against named terrorists, the CIA and the military have carried out ‘signature strikes’ against groups of suspected, unknown militants.

“Originally that term was used to suggest the specific ‘signature’ of a known high-level terrorist, such as his vehicle parked at a meeting place. But the word evolved to mean the ‘signature’ of militants in general – for instance, young men toting arms in an area controlled by extremist groups. Such strikes have prompted the greatest conflict inside the Obama administration, with some officials questioning whether killing unidentified fighters is legally justified or worth the local backlash.”

It is truly staggering to watch citizens assert that their government is killing “Terrorists” when those citizens have no clue who is being killed. But that becomes even more astounding when one realizes that not even the US government knows who they’re killing: they’re just killing anyone whose behavior they think generally tracks the profile of a Terrorist (“young men toting arms in an area controlled by extremist groups”). And, of course, the Obama administration has re-defined “militant” to mean “all military-age males in a strike zone” – reflecting their propagandistic sloganeering that they are killing Terrorists even when they, in fact, have no idea who they are killing.

In light of all this evidence, to continue to blindly assume that unproven government accusations of “Terrorist” are tantamount to proof of those accusations is to embrace the type of faith-based trust that lies at the core of religious allegiance and faith in a god, not rational citizenship. Yet over and over, one encounters some form of this dialogue whenever this issue arises:

ARGUMENT: The US government shouldn’t imprison/kill/surveil people without providing evidence of their guilt.

GOVERNMENT-DEFENDING RESPONSE: But these are Terrorists, and they have to be stopped.

OBVIOUS QUESTION: How do you know they’re Terrorists if no evidence of their guilt has been presented and no due process accorded?

Ultimately, the only possible answer to that question – the only explanation for why this definitively authoritarian mentality persists – is because people have been so indoctrinated with the core Goodness of their particular party leader that they disregard all empirical evidence, and their own rational faculties, in order to place their blind faith in the leader they have grown to love and admire (if my leader says someone is a Terrorist, then I believe they are, and I don’t need to see evidence of that).

One can reasonably debate the extent to which democracy requires that some degree of trust be vested in the capabilities and judgment of whichever political leaders one supports. But however far that trust should extend, surely it must stop well before the vesting of the power to imprison and kill in total secrecy, far from any battlefield and without any checks or due process.

Core principles disregarded in lieu of leader-love

The Times article describes the view of Obama that some “drone rules” would be needed to be developed in light of the possibility of Romney’s victory. But at least some such rules already exist: they’re found in these things called “the Constitution” and “the Bill of Rights”, the Fifth Amendment to which provides:

“No person shall be . . . deprived of life, liberty, or property, without due process of law;”

Yet all of that has been tossed aside in lieu of a deeply disturbing and unhealthy faith-based belief that our leader can make these determinations without the need for any such bothersome impediments.

To me, this comment, left in response to a Gawker post from Sunday on the new NYT article, perfectly conveys the sentiment I heard for years in right-wing circles to justify everything Bush did in secret, and is now just as miserably common in progressive circles to justify Obama’s wielding of the same and even greater powers:

“The fact of the matter is that the complexities of security and war go far beyond what those interested in appearing morally superior are willing to concede. It just so happens that a lot of liberals are most interested in the appearance of moral superiority. . . .

“I used to be the exact same way, but then I actually genuinely considered how I would feel if I held the weight of the presidency and these decisions. I have no doubt that most liberals, when presented with that, would act just as Obama has. . . .

“I’m liberal, I’m no fan of war, I’m no fan of Republican fanaticism and thumping America-is-the-best nonsense across the globe. But I can understand why drone strikes might be the most expedient option in a war. Or, perhaps more precisely, can understand just how incapable I am of understanding. And instead of supposing myself worthy of understanding the complexity and therefore offering criticism, I trust those more intelligent than myself. But a lot of my fellow liberals don’t believe there are people more intelligent than themselves. I have no self-loathing of liberals. Its just like a moderate Republican finding the right wing of their party crazy even if they believe in most of the same stuff.”

That’s the Platonic form of authoritarian leader-faith:

I don’t need to know anything; my leader doesn’t need to prove the truth of his accusations; he should punish whomever he wants in total secrecy and without safeguards, and I will assume that he is right to do so (as long as I and others like me are not the ones targeted) because he is superior to me and I place my faith in Him.

Anyone who thinks the leader (when he’s of my party) should have to show proof before killing someone, or allow them due process, is being a childish purist. I used to be like that – until Obama got in office, and now I see how vital it is to trust him and not bother him with all this “due process” fanaticism. That’s what being an adult citizen means: trusting one’s leader the way children trust their parent.

This is the only sentiment that can explain the comfort with allowing Obama (and, before him, Bush) to exercise these extreme powers without checks or transparency. This is exactly the sentiment any Obama critic confronts constantly, even if expressed a bit more subtly and with a bit more dignity.

Ultimately, what is most extraordinary about all of this – most confounding to me – is how violently contrary this mentality is to the ethos with which all Americans are instilled: namely, that the first and most inviolable rule of government is that leaders must not be trusted to exercise powers without constant restraints – without what we’re all taught in elementary school are called “checks and balances”. Here is how Thomas Jefferson expressed this warning in the Kentucky Resolutions of 1798:

“In questions of power…let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution.”

And here is what John Adams said in his 1772 Journal:

“There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty”.

It is literally impossible to conceive of any mindset more at odds with these basic principles than the one that urges that Barack Obama – unlike George Bush or Mitt Romney or whoever the scary GOP villain of the day is – can be trusted to unilaterally and secretly kill or imprison or surveil anyone he wants because he is a Good man and a trustworthy leader and therefore his unproven accusations should be assumed true. But this is, overwhelmingly, the warped and authoritarian sentiment that now prevails in the bulk of the Democratic Party and its self-identified “progressive” faction, just as it did in the GOP and its conservative wing for eight years.

Ultimately, this unhealthy and dangerous trust in one’s own leader – beyond just the normal human desire to follow – is the by-product of over-identifying with the brand-marketed personality of politicians. Many East and West Coast progressives (which is overwhelmingly what Democratic Party opinion leaders are) have been trained to see themselves and the personality traits to which they aspire in Obama (the urbane, sophisticated, erudite Harvard-educated lawyer and devoted father and husband), just as religious conservatives and other types of Republicans were trained to see Bush in that way (the devout evangelical Christian, the brush-clearing, patriotic swaggering cowboy, and devoted father and husband).

Politicians are thus perceived like contestants in a reality TV show: viewers decide who they like personally and who they dislike – but the difference is that these images are bolstered with hundreds of millions of dollars of relentless, sophisticated, highly manipulative propaganda campaigns (there’s a reason the Obama 2008 campaign won multiple branding awards from the advertising and marketing industry). When one is taught to relate to a politician based on a fictitious personal relationship, one comes to place excessive trust in those with whom one identifies (the way one comes to trust, say, a close family member or loved one), and to harbor excessive contempt for those one is trained to see as the villain character. In sum, citizens are being trained to view politicians exactly the way Jefferson warned was so dangerous: “In questions of power…let no more be heard of confidence in man.”

There’s one final irony worth noting in all of this. Political leaders and political movements convinced of their own Goodness are usually those who need greater, not fewer, constraints in the exercise of power. That’s because – like religious True Believers – those who are convinced of their inherent moral superiority can find all manner to justify even the most corrupted acts on the ground that they are justified by the noble ends to which they are put, or are cleansed by the nobility of those perpetrating those acts.

Political factions driven by self-flattering convictions of their own moral superiority – along with their leaders – are the ones most likely to abuse power. Anyone who ever listened to Bush era conservatives knows that this conviction drove them at their core (“you are with us or with the Terrorists”), and it is just as true of Obama-era progressives who genuinely see the political landscape as an overarching battle between forces of Good (Democrats: i.e., themselves) and forces of Evil (Republicans).

Thus should it be completely unsurprising that Obama (and his most ardent followers) genuinely believe that rules are urgently necessary to constrain Republicans from killing whoever they want, but that such urgency ceases to exist when that power rests in the hands of the current benevolent leader. Such a dangerous and perverse mindset is incredibly pervasive in the citizenry, and goes a long way toward explaining why and how the US government has been able to seize the powers it has wielded over the last decade with so little resistance, and with no end in sight.

© 2012 Guardian News and Media Limited

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Glenn Greenwald

Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon.  His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican PoliticsA Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.

Fearing Loss to Romney, Obama Officials Pushed to Codify Rules for ‘Kill List’ November 25, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, War.
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Roger’s note: it is typical hubris of Obama and the Democratic Party to think that only they have the moral stature to order assassinations totally devoid of any process, much less due process.  In the worry of the drone killing machine in the hands of a Romney presidency, it never occurred to them the precedent they have set, and that some day in the future the presidency will indeed be in the hands of a maniac like Romney or worse.  The thinking of Barack Obama, the constitutional scholar and Nobel Peace laureate: let’s construct a legal structure for an immoral and illegal (by any reasonable standards) project of presidential ordained murder.  It has been said over and over again — and we have right before us the ludicrous and disgusting Bush administration’s “legal” justification for torture – that the greatest crimes in history, from the poisoning of Socrates to the Nazi Holocaust, have been done within a “legal” structure.  There seems to be a collective amnesia with respect to the Nuremberg principles.

Published on Sunday, November 25, 2012 by Common Dreams

  – Common Dreams staff

A report in the New York Times on Sunday describes how, leading up to the recent US election, the Obama administration made a determined push to codify guidelines for its targeted assassination (aka ‘Kill List’) program and clarify rules for the use of US predator drones strikes overseas.

(Amarjit Sidhu/Al Arabiya) 

Critics of the US drone program have long made the argument that Demoractic supporters of the President would perhaps lose their enthusiasm (or passive acceptance) for the “kill list” program if it was placed in the hands of a Republican president like the party’s most recent hopeful, Mitt Romney.

The Times reporting on Sunday seems to indicate that the fear of handing over an amiguous and secretive assassination program to a Republican administration was also shared by some top officials in the Obama administration.

Reported by the paper’s Scott Shane, the article says that the “attempt to write a formal rule book for targeted killing began last summer after news reports on the drone program, started under President George W. Bush and expanded by Mr. Obama, revealed some details of the president’s role in the shifting procedures for compiling “kill lists” and approving strikes.”

Though the Obama administration has continually sought to protect the secrecy of certain details of its program, it has simultaneously defended its usefulness in combating international terrorism. This contradiction has been seized by international human rights groups, US civil libertarians, journalists, and the United Nations, calling on the US government to come clean on how it justifies the extrajudicial killing of individuals–both foreign citizens and American nationals–in countries like Pakistan, Yemen, Somalia, and others.

Shane reports that “the president and top aides believe [the programs] should be institutionalized,” and that efforts to do “seemed particularly urgent when it appeared that Mitt Romney might win the presidency.”

The report continues:

“There was concern that the levers might no longer be in our hands,” said one official, speaking on condition of anonymity. With a continuing debate about the proper limits of drone strikes, Mr. Obama did not want to leave an “amorphous” program to his successor, the official said. The effort, which would have been rushed to completion by January had Mr. Romney won, will now be finished at a more leisurely pace, the official said.

Mr. Obama himself, in little-noticed remarks, has acknowledged that the legal governance of drone strikes is still a work in progress.

“One of the things we’ve got to do is put a legal architecture in place, and we need Congressional help in order to do that, to make sure that not only am I reined in but any president’s reined in terms of some of the decisions that we’re making,” Mr. Obama told Jon Stewart in an appearance on “The Daily Show” on Oct. 18.

In an interview with Mark Bowden for a new book on the killing of Osama bin Laden, “The Finish,” Mr. Obama said that “creating a legal structure, processes, with oversight checks on how we use unmanned weapons, is going to be a challenge for me and my successors for some time to come.”

The president expressed wariness of the powerful temptation drones pose to policy makers. “There’s a remoteness to it that makes it tempting to think that somehow we can, without any mess on our hands, solve vexing security problems,” he said.

Despite public remarks by Mr. Obama and his aides on the legal basis for targeted killing, the program remains officially classified. In court, fighting lawsuits filed by the American Civil Liberties Union and The New York Times seeking secret legal opinions on targeted killings, the government has refused even to acknowledge the existence of the drone program in Pakistan.

In an interesting aside, the report also notes that the United Nations plans to open a unit in Geneva early next year to investigate American drone strikes.

Such a development was hinted at last month when the UN’s special rapporteur on counterterrorism and human rights announced that the Human Rights Council at the UN would likely initiate an investigation into civilian deaths caused by the CIA and US military’s use of drones and other targeted killing programs.

Ben Emmerson, UN special rapporteur on counterterrorism and human rights, at speech given at Harvard Law School,  that he and his UN colleague, Christof Heyns, the special rapporteur on extrajudicial killings, warned that an investigation of the US program was warranted and said that if certain allegations against the US proved true, he would consider them serious enough to call “war crimes”.

When Obama Whitewashed Rape September 1, 2012

Posted by rogerhollander in Barack Obama, Criminal Justice, Human Rights, Torture, Women.
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Roger’s note: I apologize if I am mistaken, but I can hear the response of those “pragmatic” lesser of evils Obama supporters who will justify the president’s action on the grounds of political necessity.  For me it’s a case of Obama lacking the guts to stand up to the military and the CIA.  I do not think that human rights are divisible, that you can justify looking the other way in some cases for whatever reason.  There is also racism at play here in that the victims Obama is willing to sacrifice are not American women, not to mention American voters.
 
Further note: naturally the Pentagon denied that the supressed photos show rape, but apparently the evidence indicates otherwise, cf. http://www.salon.com/2009/06/02/suppressed_photos/
 
August 30, 2012

 

 

Rape is Rape … Except When You’re a Female Detainee

 

 
by RILEY WAGGAMAN

Hello friends! Have you heard the terrific news? President Obama stands up for women, and speaks out against rape! “Rape is rape!” Except when the U.S. Military is doing the raping, of course, in which case political expediency requires Barack Obama to whitewash and completely ignore rape, forever.

In May 2009, Barack Obama announced he would not comply with a court order that would have brought hundreds of meticulously documented cases of rape and sexual assault from prisons in Iraq and Afghanistan to the forefront of public debate and scrutiny.

The court order stipulated the release of an estimated 2,000 photographs taken from Abu Ghraib and six other prisons across Iraq and Afghanistan. According to Major General Antonio Taguba, who led the formal inquiry into prisoner abuse at Abu Ghraib, the photographs in question depict “torture, abuse, rape and every indecency.”

Explaining his decision to ignore the order, President Obama argued, “The most direct consequence of releasing [the photographs], I believe, would be to inflame anti-American public opinion and to put our troops in greater danger.”

I think I found the perfect keynote speaker for your college’s next Take Back the Night rally!

President Obama went on to add, apparently with no sense of shame whatsoever, “I want to emphasize that these photos that were requested in this case are not particularly sensational.”

And as a precautionary measure against the possibility that rape is actually “sensational” — especially when perpetrated (and gleefully documented) by the U.S military — the Pentagon’s official position on this matter is that the photographs in question do not even exist. Indeed, it’s unlikely that any of this “rape” stuff even happened. There’s certainly no evidence to support such wild claims.

But what about the video Major General Taguba obtained during his investigation, which shows “a male American soldier in uniform sodomizing a female detainee“? Don’t worry, that’s not “particularly sensational.” No need to fret! Move along! Also: that video doesn’t exist, and that never happened.

How about the photograph that depicts “an American soldier apparently raping a female prisoner”? Or the photograph that shows “a male translator raping a male detainee”? Or the countless photographs which are said to document “sexual assaults on prisoners with objects including a truncheon, wire and a phosphorescent tube”? How about the photo that shows “a female prisoner having her clothing forcibly removed to expose her breasts”?

That’s just a long list of “not particularly sensational”, misinformed speculation. Please try to remember: these photographs don’t even exist, according to the Obama Administration.

Also, this never happened:

Among the graphic statements, which were later released under US freedom of information laws, is that of Kasim Mehaddi Hilas in which he says: “I saw [name of a translator] ******* a kid, his age would be about 15 to 18 years. The kid was hurting very bad and they covered all the doors with sheets. Then when I heard screaming I climbed the door because on top it wasn’t covered and I saw [name] who was wearing the military uniform, putting his **** in the little kid’s ***…. and the female soldier was taking pictures.”

By now we are all well acquainted with Rep. Todd Akin’s ridiculous comments about “legitimate” rape, as well as President Obama’s widely-praised and publicized rebuttal, in which he called Akin’s remarks “offensive.” Obama went on to state, “rape is rape” and that Akin’s comments were “way out there.” As the November election looms, Obama supporters have jumped at the opportunity to contrast the president with the out-of-touch, anti-woman Rep. Akin, the latest poster boy for the Republican War On Women.

Yes, Barack Obama knows that “rape is rape.” Except when the U.S. military rapes women and children. Then rape is “not particularly sensational” or worthy of public disclosure, dialog or debate; then rape never even occurred, probably. And we don’t need to talk about rape that never happened. That’s just common sense, folks.

The President, ‬according to BUST Magazine, has become “the new feminist in town,” and his mighty takedown of Rep. Akin has been enshrined forever in the Annals of Brave Lip Service (“as if you needed another reason to swoon over our amazing president”; “We think feminism looks good on him“).

But Obama’s “rape is rape” lip service to America isn’t for everyone; it doesn’t really “resonate” if you’re a female detainee who was videotaped being raped by a U.S. soldier in uniform and then told that there’s nothing “particularly sensational” about that, no need to cause a commotion, think about the Troops that will be put in harm’s way! This is all silly goose talk anyway, since there is no evidence that such a rape even occurred. (Even though there is.)

But don’t be fooled: Todd Akin’s uninformed, hypothetical conjecturing about rape is the real war crime that needs to be exposed. That’s the real war being fought, in Jezebel Land, which apparently now suffers from “rape fatigue.”

And women will continue to praise Barack Obama for his bravery and feminism. And why shouldn’t they? The alternative is simply too gross to think about; whether a drone strike wiped out an entire village, whether President Obama covered up hundreds of rapes, or whether a phone call was placed by a high official in a forgotten, endless war…The point is, we need to bring Todd Akin to justice, before Jezebel explodes!

Riley Waggaman was the former co-editor of Wonkette.com.

Obama fights ban on indefinite detention of Americans August 8, 2012

Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice.
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(AFP Photo / Paul J. Richards)

(AFP Photo / Paul J. Richards)

Roger’s note: The phrase “lock ‘em up and throw away the key” used to be used jokingly.  It is no joke what Obama is doing.  This president, who is reputed to be a constitutional scholar, is systematically tramping over the constitution and what is perhaps the most important and precious civil and legal protections, habeas corpus.  Imagine how this precedent will be used under some of the Republican nut cases who are likely to be future presidents.  Frightening.

www.rt.com, August 7, 2012

The White House has filed an appeal in hopes of reversing a federal judge’s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.

Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to “pass constitutional muster” and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.

The plaintiffs “cannot point to a single example of the military’s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,” Obama’s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it.

Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest’s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.

In section 1021 of the NDAA, the president’s authority to hold a terrorism suspect “without trial, until the end of the hostilities” is reaffirmed by Congress. Despite an accompanying signing statement voicing his opposition to that provision, President Obama quietly inked his name to the NDAA on December 31, 2011. In May, however, a group of plaintiffs including notable journalists and civil liberty proponents challenged section 1021 in court, leading to Just Forrest to find it unconstitutional one month later.

“There is a strong public interest in protecting rights guaranteed by the First Amendment,” Forrest wrote in her 68-page ruling. “There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.”

At the time Just Forrest made her injunction, attorney Carl Mayer told RT on behalf of the plaintiffs that, although he expected the White House to appeal, “It may not be in their best interest.”

“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, ‘We’re not going to appeal,’” Mayer said. “The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans.”

The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Just Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.

One (Obscenely Profitable) Day In the Life of Big Oil August 2, 2012

Posted by rogerhollander in Economic Crisis, Energy, Environment.
Tags: , , , , , , , , , , ,
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08.02.12 – 12:02 PM, www.commondreams.org

 

by Abby Zimet

Every hour this year, the five biggest oil companies have made $14,400,000 in profits, or more in one minute than what 96% of American households earn in one year. Each hour they also received over $270,000 in federal tax breaks, or $2.4 billion a year. Romney and the GOP want to double that, even though they already pay under 17% in taxes. ThinkProgress created a great chart tracking their money and pollutants over one day.

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  • Suspiria_de_profundis 1 comment collapsed CollapseExpand

    It not just BIG OIL. It the entire rotten Corporate State that does this.

    70 percent of all income announced as profits last year by JP MOrgan were bailout funds and subsidies.

    General Electric pays a negative income tax rate as they outsource more jobs to China.

    Caterpillar makes record profits yet demands its workers in USA take massive wage cuts or jobs will be moved off shore.

    Wal_Mart employees are paid such a pittance as its owners roll in billions of dollars, thaty the State has to subsize the worker with health care and food stamps.

    CAPITALISM is the problem.

     

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  • Vlorg 1 comment collapsed CollapseExpand

    So here we have some nasty-looking facts about Big Oil, combined with a PhotoShop-ped photo of a hapless-looking GW Bush (“Will Kill for Oil”) and the assertion that “Romney and the GOP want to double” Big Oil’s federal tax breaks.

    Should we therefore see Big Oil’s evil-doing as mainly evincing the wickedness of “Republicans?” Should we therefore imagine that Democrats are any less the slaves of the oil corporations than Republicans? Isn’t there a guy in the White House named Obama who just in the past 2 years, ran interference for BP in the Gulf of Mexico oil disaster, after reversing himself and coming out in support of off-shore drilling?

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  • theoldgoat 1 comment collapsed CollapseExpand

    The wiggly fingered hypnosis of greed and power – the delusional thingification of life:

    dye your hair
    buy the most ‘exclusive’ expensive lifestyle that proves you are .001%
    live like there’s no tomorrow

    will get you

    ‘died’ hair
    exclusion from the natural paradigm
    no tomorrow

    What a return on investment – yahoooooo!!!

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  • speakup2day 1 comment collapsed CollapseExpand

    “Each hour they also received over $270,000 in federal tax breaks, or
    $2.4 billion a year. Romney and the GOP want to double that, even though
    they already pay under 17% in taxes.”

    So, will we next hear Obama and the Democrats tell us they will double the federal tax breaks to the five biggest oil companies to $540,000 per hour, or $4.8 billion a year? Because that’s how this administration works.

Syrian War of Lies and Hypocrisy July 29, 2012

Posted by rogerhollander in Foreign Policy, Imperialism, Iran, Israel, Gaza & Middle East.
Tags: , , , , , , , , , , , , , , ,
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Roger’s note: Robert Fisk has been living in and writing about the Middle East for decades.  I know of no other journalist with as much depth of insight as Fisk.  If you want to know what the real story is behind the mass media’s parroting the US/NATO party line on the various hot spots in the Middle East, read Robert Fisk in “The Independent.”
 
Published on Sunday, July 29, 2012 by the Independent/UK

 

The West’s real target here is not Assad’s brutal regime but his ally, Iran, and its nuclear weapons

Has there ever been a Middle Eastern war of such hypocrisy? A war of such cowardice and such mean morality, of such false rhetoric and such public humiliation? I’m not talking about the physical victims of the Syrian tragedy. I’m referring to the utter lies and mendacity of our masters and our own public opinion – eastern as well as western – in response to the slaughter, a vicious pantomime more worthy of Swiftian satire than Tolstoy or Shakespeare.

Is he the US’s real target? Iran’s President, Mahmoud Ahmadinejad

While Qatar and Saudi Arabia arm and fund the rebels of Syria to overthrow Bashar al-Assad’s Alawite/Shia-Baathist dictatorship, Washington mutters not a word of criticism against them. President Barack Obama and his Secretary of State, Hillary Clinton, say they want a democracy in Syria. But Qatar is an autocracy and Saudi Arabia is among the most pernicious of caliphate-kingly-dictatorships in the Arab world. Rulers of both states inherit power from their families – just as Bashar has done – and Saudi Arabia is an ally of the Salafist-Wahabi rebels in Syria, just as it was the most fervent supporter of the medieval Taliban during Afghanistan’s dark ages.

Indeed, 15 of the 19 hijacker-mass murderers of 11 September, 2001, came from Saudi Arabia – after which, of course, we bombed Afghanistan. The Saudis are repressing their own Shia minority just as they now wish to destroy the Alawite-Shia minority of Syria. And we believe Saudi Arabia wants to set up a democracy in Syria?

Then we have the Shia Hezbollah party/militia in Lebanon, right hand of Shia Iran and supporter of Bashar al-Assad’s regime. For 30 years, Hezbollah has defended the oppressed Shias of southern Lebanon against Israeli aggression. They have presented themselves as the defenders of Palestinian rights in the West Bank and Gaza. But faced with the slow collapse of their ruthless ally in Syria, they have lost their tongue. Not a word have they uttered – nor their princely Sayed Hassan Nasrallah – about the rape and mass murder of Syrian civilians by Bashar’s soldiers and “Shabiha” militia.

Then we have the heroes of America – La Clinton, the Defense Secretary Leon Panetta, and Obama himself. Clinton issues a “stern warning” to Assad. Panetta – the same man who repeated to the last US forces in Iraq that old lie about Saddam’s connection to 9/11 – announces that things are “spiralling out of control” in Syria. They have been doing that for at least six months. Has he just realized? And then Obama told us last week that “given the regime’s stockpile of nuclear weapons, we will continue to make it clear to Assad … that the world is watching”. Now, was it not a County Cork newspaper called the Skibbereen Eagle, fearful of Russia’s designs on China, which declared that it was “keeping an eye … on the Tsar of Russia”? Now it is Obama’s turn to emphasize how little clout he has in the mighty conflicts of the world. How Bashar must be shaking in his boots.

But what US administration would really want to see Bashar’s atrocious archives of torture opened to our gaze? Why, only a few years ago, the Bush administration was sending Muslims to Damascus for Bashar’s torturers to tear their fingernails out for information, imprisoned at the US government’s request in the very hell-hole which Syrian rebels blew to bits last week. Western embassies dutifully supplied the prisoners’ tormentors with questions for the victims. Bashar, you see, was our baby.

Saudi ally: Hillary Clinton at a conference with the Saudi foreign minister on plans for a Gulf missile shield against the Iranians.

Then there’s that neighboring country which owes us so much gratitude: Iraq. Last week, it suffered in one day 29 bombing attacks in 19 cities, killing 111 civilian and wounding another 235. The same day, Syria’s bloodbath consumed about the same number of innocents. But Iraq was “down the page” from Syria, buried “below the fold”, as we journalists say; because, of course, we gave freedom to Iraq, Jeffersonian democracy, etc, etc, didn’t we? So this slaughter to the east of Syria didn’t have quite the same impact, did it? Nothing we did in 2003 led to Iraq’s suffering today. Right?

And talking of journalism, who in BBC World News decided that even the preparations for the Olympics should take precedence all last week over Syrian outrages? British newspapers and the BBC in Britain will naturally lead with the Olympics as a local story. But in a lamentable decision, the BBC – broadcasting “world” news to the world – also decided that the passage of the Olympic flame was more important than dying Syrian children, even when it has its own courageous reporter sending his dispatches directly from Aleppo.

Then, of course, there’s us, our dear liberal selves who are so quick to fill the streets of London in protest at the Israeli slaughter of Palestinians. Rightly so, of course. When our political leaders are happy to condemn Arabs for their savagery but too timid to utter a word of the mildest criticism when the Israeli army commits crimes against humanity – or watches its allies do it in Lebanon – ordinary people have to remind the world that they are not as timid as the politicians. But when the scorecard of death in Syria reaches 15,000 or 19,000 – perhaps 14 times as many fatalities as in Israel’s savage 2008-2009 onslaught on Gaza – scarcely a single protester, save for Syrian expatriates abroad, walks the streets to condemn these crimes against humanity. Israel’s crimes have not been on this scale since 1948. Rightly or wrongly, the message that goes out is simple: we demand justice and the right to life for Arabs if they are butchered by the West and its Israeli allies; but not when they are being butchered by their fellow Arabs.

And all the while, we forget the “big” truth. That this is an attempt to crush the Syrian dictatorship not because of our love for Syrians or our hatred of our former friend Bashar al-Assad, or because of our outrage at Russia, whose place in the pantheon of hypocrites is clear when we watch its reaction to all the little Stalingrads across Syria. No, this is all about Iran and our desire to crush the Islamic Republic and its infernal nuclear plans – if they exist – and has nothing to do with human rights or the right to life or the death of Syrian babies. Quelle horreur!

© 2012 Independent/UK

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Robert Fisk

Robert Fisk is Middle East correspondent for The Independent newspaper. He is the author of many books on the region, including The Great War for Civilisation: The Conquest of the Middle East.

 
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