Some recent trailers of a political bent: Sen. Tom Cruise urges stay the course, journalist Meryl Streep harbors doubts, and guidance counselor Robert Redford soapboxes like it’s going out of style in the full trailer for Redford’s Lions for Lambs, also with Peter Berg, Derek Luke, and Michael Pena. Or, if you take your Meryl dark, Reese Witherspoon’s Arabic husband falls awry in the CIA secret prison system (or does he?) in the more compelling trailer for Rendition, also with Streep, Jake Gyllenhaal, Peter Sarsgaard, Alan Arkin, J.K. Simmons, and Omar Metwally. Elsewhere, an Afghani emigre (Khalid Abdalla) ventures home, into the realm of the Taliban, to honor the last wish of a childhood friend in Marc Forster’s version of Khaled Hosseini’s The Kite Runner. And, for more historically-minded muckraking, Ed Harris, Helen Mirren, Harvey Keitel, and Bruce Greenwood join alums Nicolas Cage, Diane Kruger, Jon Voight, and Justin Bartha in unlocking the hidden mysteries of the presidency in the trailer for National Treasure 2: Book of Secrets. (A totally cheesy b-movie, to be sure, but I enjoyed the first one more than the ponderous Da Vinci Code.)
Category: Civil Liberties
Democratic Disgrace.
“‘We’re hugely disappointed with the Democrats,’ said Caroline Fredrickson, legislative director for the American Civil Liberties Union. ‘The idea they let themselves be manipulated into accepting the White House proposal, certainly taking a great deal of it, when they’re in control — it’s mind-boggling.‘” Um, why did we put these jokers in office again? Surely not to support such flagrantly unconstitutional intrusions as this. Folding completely to White House pressure, a Democratic Senate voted 60-28 and a Democratic House voted 227-183 to sanction Dubya’s illegal wiretapping procedures. ‘The bill would give the National Security Agency the right to collect such communications in the future without a warrant. But it goes further than that: It also would allow the monitoring, under certain conditions, of electronic communications between people on U.S. soil, including U.S. citizens, and people ‘reasonably believed to be outside the United States,’ without a court’s order or oversight.” The Dems’ fallback position? They included a six-month sunset provision in the bill, so they’ll get a chance to revisit and repeat their capitulation to the executive throne early next year. But can we expect any more leadership from the congressional Democrats then? Really, this is beyond disgraceful. “‘The day we start deferring to someone who’s not a member of this body…is a sad day for the U.S. Senate,’ Feingold said. ‘We make the policy — not the executive branch.’“
Backcourt Violations.
“‘Conservatives got everything they could reasonably have hoped for out of the term,’ said Thomas C. Goldstein, a Washington lawyer who specializes in Supreme Court litigation.” Proving the crucial importance of the Alito-O’Connor switch (and, I’ll continue to maintain as my answer to Emily Bazelon’s line of questioning, the 2004 election), the Roberts Court flexed its muscle in depressing fashion this week, voting 5-4 (as feared) not only to gut the McCain-Feingold act in the name of “free speech” but also — seriously, no lie — to partially roll back Brown v. Board of Education. (In another well-reported case, the majority’s inordinate fear of bongs trumped this stalwart commitment to free speech.) So, if you’re keeping score, Roberts, Alito, Scalia, Thomas, and Kennedy came down like this: money good, corruption good, drug hysteria good; clean politics bad, youthful irony bad, integration bad. Oh, wonderful. Suddenly, the announcement that the Court will take a look at the Guantanamo cases doesn’t sound so appetizing. Update: Slate‘s slate of legal observers discuss.
Fein Gold.
“In grasping and exercising presidential powers, Cheney has dulled political accountability and concocted theories for evading the law and Constitution that would have embarrassed King George III…As Alexander Hamilton advised in the Federalist Papers, an impeachable offense is a political crime against the nation. Cheney’s multiple crimes against the Constitution clearly qualify.” Former Reagan Assistant Attorney General Bruce Fein makes the conservative case for Dick Cheney’s impeachment in Slate.
Shame of the Nation, continued.
“‘Here…comes…that famous General Taguba — of the Taguba report!’ Rumsfeld declared, in a mocking voice.” Well, the agency and the time may have changed, but it’s increasingly clear we still have a lot to answer for, thanks to the actions of those who would claim to protect our way of life. The inimitable Sy Hersh of The New Yorker (who also played a role in 1974 in getting the CIA docs released — take that, Woodward) reports in with the tale of General Antonio Taguba, the head of the Army’s original investigation into Abu Ghraib who, like so many other truth-tellers in the administration, was eventually hung out to dry for his candor. Hersh’s frightening and sadly plausible piece not only makes clear that Rumsfeld, Dubya, et al had more knowledge of the nightmare of Abu Ghraib than they’ve publicly let on, but also suggests that those repellent images we’ve all seen from the prison may only be the tip of the iceberg of the horrors that occurred in our country’s name. “Taguba said that he saw ‘a video of a male American soldier in uniform sodomizing a female detainee.’ The video was not made public in any of the subsequent court proceedings, nor has there been any public government mention of it.“
Nope, can’t have those either.
Think I’m being shrill? Ok, here’s another: After listening to former Attorney General John Ashcroft discuss internal differences over Dubya’s illegal surveillance program yesterday, the Senate Judiciary Committee voted 13-3 to issue subpoenas for White House and Justice Department documents regarding the eavesdropping system. “The White House made no move to comply.“
Rule of Law 1, Dubya 0.
“The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention…To sanction such presidential authority to order the military to seize and indefinitely detain civilians…would have disastrous consequences for the constitution — and the country.” In what should have been a no-brainer, a federal appeals court rules 2-1 in the case of al-Marri v. Wright that Dubya can’t hold US residents indefinitely on suspicion alone. [Full opinion, and the dissent by a Bush appointee.] “The panel tailored its opinion to Marri’s circumstances; it does not directly apply to the more than 300 foreign nationals held as enemy combatants in the military prison at Guantanamo Bay, Cuba. But lawyers for some captives noted that the same flaws the court found in the administration’s classification of Marri were true for Guantanamo detainees.”
A Mockery of Justice.
“James B. Comey, the straight-as-an-arrow former No. 2 official at the Justice Department, yesterday offered the Senate Judiciary Committee an account of Bush administration lawlessness so shocking it would have been unbelievable coming from a less reputable source.” By way of Medley, the WP blanches at a ridiculous attempt by then-White House counsel Alberto Gonzales to secure warrantless wiretaps against the will of the Justice Department. “Having failed, they were willing to defy the conclusions of the nation’s chief law enforcement officer and pursue the surveillance without Justice’s authorization. Only in the face of the prospect of mass resignations — Mr. Comey, FBI Director Robert S. Mueller III and most likely Mr. Ashcroft himself — did the president back down.“
Deconstructing Harvey.
“But reading Mansfield has real value for understanding the dominant right-wing movement in this country. Because he is an academic, and a quite intelligent one, he makes intellectually honest arguments, by which I mean that he does not disguise what he thinks in politically palatable slogans, but instead really describes the actual premises on which political beliefs are based. And that is Mansfield’s value; he is a clear and honest embodiment of what the Bush movement is.” Glenn Greenwald eviscerates Harvard professor Harvey Mansfield after the latter pens an op-ed for the WSJ entitled “The Case for the Strong Executive — Under some circumstances, the Rule of Law must yield to the need for Energy.” See the problem in that title? It kinda jumps out at you.
Are You on the List?
“The bar for inclusion is low, and once someone is on the list, it is virtually impossible to get off it. At any stage, the process can lead to ‘horror stories’ of mixed-up names and unconfirmed information, Travers acknowledged.” The WP plunges into the rising TIDE (Terrorist Identities Datamart Environment), a.k.a. the terrorist watch list that has quadrupled in size over the past four years. (And, here I thought we were winning the war on terror.) “Sen. Ted Stevens (R-Alaska) said last year that his wife had been delayed repeatedly while airlines queried whether Catherine Stevens was the watch-listed Cat Stevens.“