“The grim truth is, not much has changed. The Bush administration continues to limit our basic freedoms, conceal its own worst behavior, and insist that it does all this in order to make us more free.” As a follow-up to her 2006 list of civil liberties violations, Slate‘s Dahlia Lithwick surveys The Bush Administration’s Top 10 Stupidest Legal Arguments of 2007.
Category: The Dubya Era
A Death in Pakistan.
Benazir Bhutto, 1953-2007. It seems all too many christmases of late has been marked by grim news on the global front, from the devastating tsunami to the botched Saddam execution. This year, obviously, it was the assassination of the former prime minister who, while no angel, nevertheless embodied for many hopes for a stable, democratic Pakistan. Her murder — in the military stronghold of Rawalpindi, no less — further destabilizes a nuclear-armed nation already teetering on the brink, and roils significantly the Dubya administration’s fatally flawed approach to the country. Let’s just hope Bhutto isn’t remembered as the next Franz Ferdinand.
Delusional Decider.
“‘I believe we will keep the White House,’ he said twice at a pre-holiday news conference in the White House briefing room. ‘I believe ours is the party that understands the nature of the world in which we live and that the government’s primary responsibility is to protect the American citizens from harm…I’m confident we can pick up seats in both the Senate and the Congress.'”
Hey, Mr. President, how is the weather on Mars? At a news conference today, Dubya predicted a GOP presidential victory and GOP congressional gains come next November. (He also refused to comment on the CIA tapes debacle.) The good news here for the rest of us is that this man has been wrong about pretty much everything for the past seven years. Why stop now?
Old-School Document Dump?
Monday: A judge orders the White House to release all visitor logs within 20 days. Wednesday: A two-alarm fire at the OEOB. Hmm…
Congress/Judge to WH: Tear down the Wall!
So much for those early, hopeful signs of independence…Attorney General Michael Mukasey tries to stonewall both a Congressional investigation and a Judicial investigation into the destroyed CIA tapes, arguing it would impede the Justice Department’s own inquiry into the matter. “‘We are stunned that the Justice Department would move to block our investigation,’ Reps. Silvestre Reyes (D-Tex.) and Peter Hoekstra (R-Mich.) said in the [responding] statement. ‘Parallel investigations occur all of the time, and there is no basis upon which the Attorney General can stand in the way of our work.’“
And, in somewhat related news, conservative judge Royce Lamberth, who earlier butted heads with the administration over FISA, rules that — despite what Dick Cheney thinks on the matter — White House visitor logs are public records, meaning visits from “Casino Jack” Abramoff and/or religious conservatives can no longer be kept secret on account of (dubious appeals to) “national security.” Looks like it’s win-some, lose-some for Dubya’s imperial pretensions this week.
Cuba? Don’t they make mojitos?
“‘I was panicked a bit because I really don’t know about…the Cuban Missile Crisis,’ said Perino, who at 35 was born about a decade after the 1962 U.S.-Soviet nuclear showdown. ‘It had to do with Cuba and missiles, I’m pretty sure.‘” Wait, wait, wait…what? By way of Ben of The Oak, it seems Dubya press secretary Dana Perino has never heard of the Cuban Missile Crisis. “So she consulted her best source. ‘I came home and I asked my husband,’ she recalled. ‘I said, “Wasn’t that like the Bay of Pigs thing?” And he said, “Oh, Dana.”‘” Ladies and Gentlemen, the spokesperson for our current president. Have we fallen so far? And if that sounds like a pedantic thing to say, well, consider me pedantic. I know nobody wants to work for this misfit administration anymore, but, we’ve a lot of people in this country, and many of ’em are still even Republicans. Perhaps we can find someone to fill the position of the president’s mouthpiece who knows a thing or two about major events in American history over the past fifty years? That’d be great.
Contempt for Karl.
Remember the persecuted prosecutors? The Senate Judiciary does, voting 12-7 to hold Karl Rove and Josh Bolten in contempt of Congress. “Two Republicans, Arlen Specter and Charles Grassley, joined the committee Democrats in the contempt vote. Today’s action means contempt citations are now pending in both the House and Senate.“
The Lost Langley Terror Tapes.
“[H]ere’s a different thought experiment: How would the national debate over torture have changed if we’d known about the CIA tapes all along? How would our big terror trials and Supreme Court cases have played out? Yes, this is also a speculative enterprise, but it’s critical to understanding the extent of the CIA’s wrongdoing here.” In light of the recent revelation that the CIA destroyed video evidence of their abusive interogation procedures in 2005, well after they’d become relevant both in many different legal cases and in the national discussion about torture, Slate‘s Emily Bazelon and Dahlia Lithwick survey the wreckage the CIA has made of our legal process. “Video of hours of repetitive torture could have had a similarly significant impact — the truism about the power of images holds. If we are right about that — and we think we are — this evidence that has been destroyed would have fundamentally changed the legal and policy backdrop for the war on terror in ways we’ve only begun to figure out.” If nothing else, an independent counsel should be named immediately. Even given the criminality and contempt for the rule of law we’ve come to expect from this administration, this sort of thuggish, gangland behavior is shocking news.
Libby cries Uncle.
“The process ‘would last even beyond the two years of supervised release, cost millions of dollars more than the fine he has already paid, and entail many more hundreds of hours preparing for an all-consuming appeal and retrial,’ Wells said.” Cheney consigliere and convicted felon Scooter Libby files a motion to dismiss his appeal of the Plamegate verdict. Said Libby’s lawyer, Theodore Wells: “[T]he burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear.” (Let’s remember: According to Dubya last July, the burden of jail time for perjury was apparently too much to bear as well.)
Dubya’s Iran Plans, NIE-capped.
“Tehran’s decision to halt its nuclear weapons program suggests it is less determined to develop nuclear weapons than we have been judging since 2005.” Uh, y’know that whole Iran is the new face of evil, imminent-WWIII thing we’ve been hearing about? Well, never mind. It’s time to update those lyrics, Senator McCain: A new National Intelligence Estimate (NIE) report — which, it seems, Cheney may have held up for a year — finds that Iran actually stopped its nuclear weapons program in 2003. “Even if Iran were to restart its program now, the country probably could not produce enough highly enriched uranium for a single weapon before the middle of the next decade, the assessment stated. It also expressed doubt about whether Iran ‘currently intends to develop nuclear weapons.‘”
This happy piece of information obviously puts our Saber-Rattler in Chief in a bit of a bind — In a news conference this morning, he was reduced to spluttering, “‘What’s to say they couldn’t start another covert nuclear weapons program?‘” What indeed…perhaps we should bomb them anyway, is that your point? Well, probably not. Says Slate‘s Fred Kaplan of the NIE: “If there was ever a possibility that President George W. Bush would drop bombs on Iran, the chances have now shrunk to nearly zero….Skeptics of war have rarely been so legitimized. Vice President Cheney has never been so isolated.” Still, just to keep the timeline in perspective, Dubya made that dubious WWIII comment months after being apprised of this information. So, in effect, he was lying to us yet again.
As for the 2008 contenders, the campaigns are all taking the news pretty much in stride, although Chris Dodd got off a pretty good zinger on Clinton: “It’s easy to say ‘fool me once, shame on George Bush,’ but when she’s been fooled twice, shame on her.“