Enemy of the State.


“‘To the extent there are gaps in our laws,’ Holder continued, ‘we will move to close those gaps, which is not to say…that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that’s ongoing.

After another embarrassing document dump by Wikileaksthis time diplomatic cables, next time Bank of America? — Attorney General Holder threatens the prosecution of Julian Assange, an Australian citizen — most likely under the Espionage Act, the same catch-all 1917 law used to lock up Eugene Debs back in the day.

First of all, Gawker‘s John Cook has already explained why this attempted line of prosecution doesn’t work. However docile the “nation’s watchdogs” remain on any other given day, the newspapers that published these leaks would have to be considered co-conspirators in any Espionage Act-related indictment. “We think its fairly obvious that the Department of Justice won’t go after the Times or any of the other papers involved in the story. But if it doesn’t, that’s just evidence that its attempt to use the Espionage Act to go after Assange isn’t about enforcing laws: It’s about retribution, harassment, and rattling sabers.

Secondly, if Assange wants to avoid federal prosecution, perhaps he should just…I dunno…torture somebody? Or maybe rip off the American people for trillions of dollars? Or how ’bout just spying on Americans via warrantless wiretap? Apparently, disclosing those kinds of secrets is one of those look-forward-not-backward kinda things.

Let’s get real here. There’s no threat to our troops in these leaks — Even the Pentagon admits that. (A more overlooked problem, as a friend pointed out, is what this leak might mean for human rights workers.) Wikleaks’ methods are of the blunderbuss variety, yes. (That probably speaks in their favor: They don’t seem to tailor their leaks to suit a predetermined spin. They just dump data. And, hey, somebody should be doing the media’s job.) And, sure, Assange comes off as more than a bit pretentious, but what of it? If being a jackass were a crime, our prison system in this country would be completely broken…oh wait, it already is.

In the end, as Glenn Greenwald well put it, “our government and political culture is so far toward the extreme pole of excessive, improper secrecy that that is clearly the far more significant threat.” You’d think an administration that ran on unparalleled transparency in government might feel the same way. But, sadly, like its predecessor, the only crime this administration really seems to hate is whistleblowing.

Feingold Falls.


“‘He was one of the last true progressives,’ said Michael Zimmer, a Feingold supporter who teaches media and communication at the University of Wisconsin. “Who is left now?‘” One important addendum to the 2010 midterm overview that deserves its own post.

A handful of notable losses notwithstanding — Tom Perriello, Alan Grayson, Phil Hare — a goodly number of the House Democrats who lost seats on Tuesday were of the Blue Dog or New Democrat variety, and the whirlwind they reaped was partly of their own making. Looks to me like Third Way-style corporate shilling just isn’t the answer.

Rather, the most painful loss of the night for progressives happened on the Senate side, when Russ Feingold fell to an idiotic Ayn Rand disciple, businessman Ron Johnson. (Wisconsin, the state of both Bob LaFollette and Joe McCarthy, is a strange place.) From fighting against the Patriot Act to calling for accountability on the illegal NSA wiretaps to, of course, battling for campaign finance reform, Feingold was often a lonely voice of conscience in the Senate, and his progressive leadership will be sorely missed there.

Of course, the fight goes on, so let’s hope Feingold will be back in public life someday soon. Big Russ has ruled out a 2012 primary shot, but if Wisconsin’s other Senator, Milwaukee Bucks owner Herb Kohl, should decide to retire in 2012 at the age of 77, Feingold would be a great candidate to go toe-to-toe against yet another “Galtian nincompoop” of the first order, current GOP golden boy Paul Ryan.

Minority Report.


Imagine for a moment you are president of the United States.

You were just elected in the midst of a worsening economic crisis, one that demands bold action and decisive leadership to confront. Fortunately, you enter office with an historic wind at your back: You enjoy unprecedented enthusiasm and goodwill from millions of new voters, a clear mandate for change, and, most importantly, sizable majorities in both the House and Senate.

You also know that the political opposition — who hold a long and storied record of being ruthless, craven and despicable to get what they want — will try to prevent your agenda by any means necessary.

And, being a student of history, you know that, particularly in the face of a poor economy, this political opposition is very likely to pick up congressional seats in the next election (with a few notable exceptions, one of which I’ll get to in a moment.) In other words, a pendulum swing against you is highly probable, and so the majorities you have are probably as big as they are ever going to get.

Basically, you have two years, and likely two years only, to do pretty much anything you want in order to grapple with this economic crisis. Do you [a] take a page from FDR’s 100 Days, go big, and push hard for the progressive agenda you laid down in your election campaign, which has the added benefit of enthusing the “rising American electorate” that got you elected? Or do you [b] try to ingratiate yourself with people who will always hate you, water down your signature legislative initiatives from the outset, and seemingly go out of your way to depress the lefty base that got you elected?

I think you see where I’m going with this.

First things first, let’s be clear about why the Republicans took back the House so decisively two days ago.

1) It’s the Economy, Stupid. Though it may be mostly Dubya’s fault, the economy is obviously still in terrible shape. The official unemployment rate hovers just under the double-digits, and real unemployment and underemployment levels are much higher. Household incomes are down, consumer debt is up, millions of homeowners are stuck with underwater mortgages, and millions more feel in danger of slipping under. As everyone knows, when economic times are bad, the party in power suffers.

Compounding the situation, families are feeling under the gun at exactly the same time that those same wealthy few who precipitated the Great Recession are now rolling in dough. Having evaded pretty much any and all serious consequences for the meltdown they created, the Big Brains on Wall Street are instead giving themselves record bonuses, and trying to profit from even more rampant corruption on the foreclosure front. To no one does this ugly sight look like change we can believe in.

2) Republicans voted, Democrats didn’t. Again, not rocket science: Democrats lost because Republicans came out and Democrats stayed home. Look at the breakdown of exit polls: As per the norm in midterms, the 2010 electorate was older than the population at large. (23% of the vote versus 13% of the population.) And 57% of those seniors, worried that the threat of Creeping Socialism might somehow interfere with their federal retirement security and universal health care, pulled the lever for Republicans.

Conversely, 29 million Obama voters did not show up to vote. “Hispanics, African Americans, union members and young people were among the many core Democratic groups that turned out in large numbers in the 2008 elections…In 2010, turnout among these groups dropped off substantially, even below their previous midterm levels.” Take voters under 30, for example, who vote Democratic at about the same rate seniors vote Republican. They went from 18% of the electorate in 2008 to 11% this year. Obviously, that’s a problem.

So, working back from these factors — economic performance and voter turnout — it follows that the two best things the administration could have done to improve Democrats’ standing this year would have been to get the economy moving again and to get the Democratic base fired up and ready to go. So what happened? Let’s look at the tape.

The Economy: As Paul Krugman has already pointed out, much of the story of this election was written way back in February 2009, when the Obama administration chose to settle on a stimulus package that was watered-down to appease Republicans who would never, ever vote for it. In fact, thanks to Larry Summers, the stimulus was low-balled from the start — Summers made sure Christina Romer’s higher-end projections for the amount needed never even made it to the president’s desk.

So the crystal was in the steel at the point of fracture, and mainly because Obama, doing the President Goldilocks routine that would become a trademark, watered down the Recovery Act early-on to appease an opposition that was unappeasable.

By late 2009, the warning signs that ARRA was probably too small were all over the place — not the least in the growing state budget crises seen all across the country. But even as Republicans throttled congressional attempts to remedy the situation, the Obama administration remained mostly passive…or, in the case of food stamps, worse. Many in the White House took up the standard of the deficit witchhunt. (Yes, there was some rhetorical urging of the tsk-tsk variety eventually, but that, as on so many other fights, was after the chips were already down.)

Going along with this frustrating passivity was the increasing sense over time that this administration, elected to be change we could believe in, was more than a little cozy with the Wall Street yokels who caused the economic disaster in the first place. Yes, TARP was originally Dubya’s baby — not that very many voters seemed to remember that fact. (And it’s hard to blame them when folks like Geithner keep touting its merits.) Still, acceding to the $700 billion bailout for Wall Street — with little to no strings attached — was an extraordinarily inopportune way to kick off an administration theoretically premised on fundamental change.

I have to confess that, at the time, I thought TARP was unfortunate but probably necessary. Two years later, I’m thinking I probably just just got railroaded, and didn’t know what I was talking about. (Hey, it wasn’t the only thing I was wrong about in 2008.) But, even back then, I argued that TARP had to come with game-changing restrictions on Wall Street’s behavior. Those, clearly, were not forthcoming.

Yes, Congress did pass financial reform — But let’s remember, Team Obama worked openly to weaken the bill, and even now certain admin folks are clearly trying to derail Elizabeth Warren, the best chance the financial reforms, however tepid, have at working as intended for consumers. (Or, to quickly take another example, there’s the matter of the HAMP foreclosure program, which, as David Dayen has documented, seems more concerned with recouping money for lenders than helping families in trouble.)

As on the finreg bill, so too on other fronts — and this is where we get to the suppressing turnout issue.

On health reform, which thank god eventually passed, we now know that the administration cut deals early on to kill drug reimportation on behalf of the pharmaceutical industry (even after Sen. Dorgan reintroduced the idea) and, more egregiously, to kill the public option on behalf of AHIP and the hospitals. Looking back, the president signaled the public option’s expendability in his September 2009 health care address, another classic example of the wait-too-long-then-try-to-swoop-in-and-save-the-day legislative strategy usually preferred by the White House. And by the eve of the midterms, he was openly mocking public option supporters at fundraisers.

But, even those fundamental breaks with real reform aside, the entire health care process got badly screwed up when the administration, in a misguided attempt to curry bipartisan favor for reform, let Max Baucus dink around for weeks on the Senate Finance Committee. While Republican Senators Snowe and Grassley played Lucy to Baucus’ Charlie Brown and kept moving the football, the Tea Party August of 2009 took shape, and almost a year in legislative time was lost. And, by the time Baucus finally released the durned thing, the bill had once again been watered down to gain imaginary Republican votes that were never, ever going to be forthcoming.

The litany of Obama’s other sins by now are well known. As noted before, this administration has been absolutely egregious on civil liberties, all the while telling us to “look forward, not backward” on Dubya’s torture regime. (But different rules for everyone else, it seems.) Meanwhile, Gitmo is still open, and DADT is still enforced. Immigration reform did not happen. Nor did energy reform, despite House Democrats going out on a limb to pass a bill way back in June of 2009. (Yesterday, Obama the “shellacked” buried this bill for good.) And so on.

If all these compromises and capitulation — which were never political necessities so much as unforced errors — weren’t enough to depress the base, the administration’s press arm continued a steady diet of hippie-punching. “Left of the left“, pajama-wearing bloggers, the “professional left” — time and again, “senior advisors” and press flaks went out of their way to scorn the people who sweat blood and tears to get them elected. I already mentioned Obama ridiculing public option supporters — Well, where did folks ever get the notion that a wonky, badly-named fix like the public option was the ground to fight on anyway? Because the president told us it was important.

To be clear: I am not arguing that Obama hasn’t accomplished anything (although, in almost all cases — including health care reform, much more credit should really go to the very unfairly maligned Speaker Pelosi — she’s the one who made it all happen.) But, at every point down the line, for every piece of legislation that did pass, you have to factor in the opportunity costs that were lost. And consistently, this administration has pursued the politics of the lowest common denominator. To quote the prescient Drew Westen once again:

I don’t honestly know what this president believes. But I believe if he doesn’t figure it out soon, start enunciating it, and start fighting for it, he’s not only going to give American families hungry for security a series of half-loaves where they could have had full ones, but he’s going to set back the Democratic Party and the progressive movement by decades, because the average American is coming to believe that what they’re seeing right now is ‘liberalism,’ and they don’t like what they see. I don’t, either. What’s they’re seeing is weakness, waffling, and wandering through the wilderness without an ideological compass. That’s a recipe for going nowhere fast — but getting there by November.

And, hey, look what happened.

Remember how I mentioned a midterm outlier way up at the beginning of this post? That was 1934 — when, in an economy even worse than the one America faces now, Roosevelt managed to pick up seats in both the House and Senate. FDR gave us the 100 Days, a flurry of political activity we haven’t seen before or since. Now, granted, the Roosevelt team did not have to contend with either unfettered money corrupting the system or a pathetic Fourth Estate in a death spiral — both severe problems with our current political culture that must be addressed. Still, when elected in the midst of a similar economic crisis, with similar expectations, this administration did not bring about a 100 Days. It gave us Three Months of Max Baucus dicking around to appease intractable Republicans.

So why did the 2010 shellacking happen? Because of the economy, yes. And because of low turnout, yes. And also because of troubling trends like corrupting money everywhere and a national press in severe decline — The fact that the media followed Christine O’Donnell more than any other 2010 candidate tells you all you need to know about that broken-down disaster we call the Village these days.

But, nonetheless, all of these determining factors were exacerbated in the wrong direction by the administration’s fatal addiction to the Fetal Position fallacy. As I said of this year’s State of the Union address, “people were not looking to President Obama for this sort of deficit tsk-tsking and small-bore, fiddling around the margins. You’d think we Dems would have learned this by now. But curling up into a fetal position and mouthing moderate GOP-lite bromides will not stop the Republicans from kicking us, ever.

Some argue politics is the art of the possible. That’s true, but I believe much, much more was possible if this administration had actually deigned to fight for it.

Some say the president can only do as much as Congress lets him — he needs 60 votes, yadda yadda yadda. I’d say that he had 60 votes, and even then did not push to make things happen as much as he could. I would also argue that the presidency of the United States is actually a remarkably powerful position these days, that Obama has showed no inclination to act progressive on crucial matters like civil liberties that are totally in his bailiwick, and that, even now with a Republican House, the administration could move forward with a progressive agenda, if it so desired.

Some — such as pathetic, DLC-brand fortunate sons like Evan Bayh and Harold Ford — say progressivism was tried and found wanting. I would argue progressivism was not even tried.

Some say it is time to go for the Dems to embrace a more “centrist”, GOP-lite Third Way from now on. I think we’ve been experimenting with that sad sack of failure for decades now — it’s our First Way — and it’s been proven over and over again not to work. (Just ask the Blue Dogs, who got eviscerated on Tuesday. Why vote for Republican-lite when you can have the real thing?)

Basically, it comes to this. Without vision, the people perish…and vote GOP. And because this administration did not go big, because it did not produce the change people so desperately desired, and because it forsook the possibility of real progressivism early and often to indulge their fantastical belief in the magical unicorns of High Broderism, the Democrats have now lost the House — ironically the one branch of government that, under Speaker Pelosi, actually tried to get done what had been promised.

Now, matters are worse.

Clap louder, hippies.

They will be satisfied when we have Canadian healthcare and we’ve eliminated the Pentagon. That’s not reality.’ Of those who complain that Obama caved to centrists on issues such as healthcare reform, Gibbs said: ‘They wouldn’t be satisfied if Dennis Kucinich was president.’” In the virulently stupid department, insulting the base and further depressing midterm turnout = change we can believe in? Um, no, not really. Thankfully, I was away from civilization when press secretary Robert Gibbs threw his whiny temper tantrum about “the professional left,” so I missed out on the initial bout of aggravation about it.

Suffice to say, Robert Borosage, among others, was on the case: “The left is pushing the president from the left? The horror. The shame…The president is in trouble because his historic reforms were too timid, not too bold…We can argue about whether the president fought hard enough, or compromised too soon — but the reality is that the reforms, as bold as they were, are not sufficient to deal with the mess we are in.” And that doesn’t even get into the torture and civil liberties clusterfrak, where reform has been non-existent. Dennis Kucinich? I’d be happy with the Barack Obama I ostensibly voted for, thanks much.

United [REDACTED] of [CLASSIFIED].


The top-secret world the government created in response to the terrorist attacks of Sept. 11, 2001, has become so large, so unwieldy and so secretive that no one knows how much money it costs, how many people it employs, how many programs exist within it or exactly how many agencies do the same work.

Sigh. In the WP, Dana Priest and William Arkin attempt to survey the breadth and depth of our post-9/11 intelligence complex, and the results are troubling, to say, the least. Basically, nobody, not even the SecDef, has any clue how big some of these programs are, or what the armies of private contractors are up to half the time. “After nine years of unprecedented spending and growth, the result is that the system put in place to keep the United States safe is so massive that its effectiveness is impossible to determine…’Because it lacks a synchronizing process, it inevitably results in message dissonance, reduced effectiveness and waste,” Vines said. “We consequently can’t effectively assess whether it is making us more safe.’” If you have to ask…

For a good overview of the Post‘s laudable coverage, check out this worthwhile post from Wired‘s Danger Room and Glenn Greenwald’s pithy summation of the problem. “This world is so vast, secretive and well-funded that it’s very difficult to imagine how it could ever be brought under control…[Meanwhile] The Drudge and Politico sewers still rule our world — ‘fights over nothing’ — and happily distract us from Top Secret America, what it does and what it takes.” But, hey, what’s Sarah Palin been up to?

The Press in the Tank.

From the early 1930s until the modern story broke in 2004, the newspapers that covered waterboarding almost uniformly called the practice torture or implied it was torture: The New York Times characterized it thus in 81.5% (44 of 54) of articles on the subject and The Los Angeles Times did so in 96.3% of articles (26 of 27). By contrast, from 2002-2008…The New York Times called waterboarding torture or implied it was torture in just 2 of 143 articles (1.4%). The Los Angeles Times did so in 4.8% of articles (3 of 63).

By way of Greenwald and Sullivan, a Harvard study documents exactly how absurdly our national media carried water for the Dubya-era torture regime. “In addition, the newspapers are much more likely to call waterboarding torture if a country other than the United States is the perpetrator.

This story, along with Politico’s gaffetastic reaction to Rolling Stone‘s Michael Hastings doing real journalism on the McChrystal story — (“Hastings would be considered a bigger risk to be given unfettered access, compared with a beat reporter, who would not risk burning bridges by publishing many of McChrystal’s remarks” — See also Lara Logan) and Joke Line deeming Glenn Greenwald a traitor because he dared to call unrepentant Iraq war evidence-falsifier Jeff Goldberg a horrible journalist (“Greenwald…so far as I can tell, only regards the United States as a force for evil in the world.“) pretty much tells you everything you need to know about our broken and corrupt Village media. And this is all just in the past week. Rinse and repeat, over and over and over again. (Pic via here.)

The Invisible Victim…and the Ring of Power.

No wonder President George W. Bush can now openly brag about the water-boarding policy he once denied even existed. The courts have become complicit in the great American cop-out on torture.” And let’s not forget the Obama administration in all this. Slate‘s Dahlia Lithwick surveys the wreckage from the Supreme Court’s recent capitulation on the Maher Arar case, wherein we, the United States of America, abducted, deported, and were ultimately responsible for the torturing of an innocent man, and are now trying to sweep it under the rug like it never happened. Look forward, not backward! (unless you’re a whistleblower)

In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented for a lot of reasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.

Where Torture Goes, Mengele Follows.

“‘The CIA appears to have broken all accepted legal and ethical standards put in place since the Second World War to protect prisoners from being the subjects of experimentation,’ said Frank Donaghue, the CEO of PHR, a nonprofit organization of health professionals.

A new report by Physicians for Human Rights suggests the CIA conducted human experiments on detainees, including “monitoring the effects of sleep deprivation up to 180 hours” and testing out new forms of waterboarding on them. Once we’re all happy with the president’s visible anger levels toward BP, perhaps we can get some wrath-of-God fury — and criminal prosecutions — directed towards these atrocities committed in our name also? Thanks much. [Update: Here’s the Mother Jones story.]

Want to Remain Silent? Speak Up!

“‘A suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to the police,’ Justice Kennedy wrote.‘” Breaking 5-4 along the usual lines — Roberts, Alito, Thomas, Scalia, and Kennedy in the majority — the Supreme Court determines Miranda rights must now be specifically invoked. “Justice Sonia Sotomayor, in her first major dissent, said the decision ‘turns Miranda upside down’ and ‘bodes poorly for the fundamental principles that Miranda protects.’

One important note: “The majority ruling is in line with the position taken by the Obama administration and Supreme Court nominee U.S. Solicitor General Elena Kagan. In December, she filed a brief on the side of Michigan prosecutors and argued that ‘the government need not prove that a suspect expressly waived his rights.’” And, given that this administration is currently working to rewrite Miranda to stop the terr’ists, I guess we shouldn’t be too surprised.

The New “Black Hole”: Bagram.

The bottom line is this: Current procedures under the CSRT are such that a perfectly innocent individual could be held and could not rebut the Government’s case and has no way of proving his innocence. I would like somebody in this Chamber, somebody in this Government, to tell me why this is necessary.Me too, Senator Obama, me too.

In a decisive break with his campaign stances and the best indicator yet that this administration is now happily perpetuating deeply troubling Bush-era policies, the President wins the right to hold detainees indefinitely in Bagram — the difference from the Boumediene decision on Gitmo being that Bagram is a “war zone.” (And Ben Franklin’s admonition aside, that’s an excuse you hear quite a bit these days.)

FWIW, Politico’s Josh Gerstein — while bending over backwards, as per the Village norm, not to call torture “torture” — suggests civil liberties concerns are overblown here, but check out his reasoning: “The Obama administration…has, so far, resisted seeking a full-scale preventive detention law that would apply to future captives. Instead, it has pleaded with civil liberties and human rights groups not to oppose some legal mechanism to allow the continued detention of Al Qaeda captives, at least some of whom may be untriable because of aggressive interrogations many view as torture.

Oh, please. We have to hold them forever because we tortured them? How utterly and completely effed up is that? As Stephen Colbert well put it: “It’s essentially the same stance taken by George Bush. With one important difference: Obama makes the kids like it.