Widening the Breach.

“The SpeechNow decision effectively widens the field of organizations that can raise and spend money on politics more freely in light of the Citizens United decision, which swept aside decades of legislative restrictions on the role of corporations in political campaigns.“

The disaster on the Gulf isn’t the only gusher to worry about. Relying almost exclusively on Citizens United for their reasoning, the three-judge DC Court of Appeals struck down limits on individual contributions to advocacy groups last March, paving the way for even more cold hard cash overflowing the system. [FEC overview.] “The D.C. Circuit’s ruling was the first to apply and significantly expand [Citizens United], which invalidated limits on corporate expenditures in federal campaigns.“

I had heard very ominous rumblings about this hearing in the days after CU, but somehow missed that the actual decision had been handed down (Working as intended: It was dumped on a Friday) and only caught it on account of yesterday’s injunction. (Weirdly, there was no press release from CREW, Common Cause, or Public Citizen either, although PIRG was on the case.) The FEC does seem to be looking toward a Supreme Court appeal…but it’s hard to see that turning out very well, is it?

Troubled Waters.

“The Israeli commando raid on Monday on an aid flotilla, which left at least nine people dead, has dragged relations between Israel and Turkey to a new low, political experts here say, threatening to derail diplomatic relations between two close American allies.“

Gee, I wonder why (and as if we need another crisis right now.) All the facts aren’t in yet on what happened — in international waters — yesterday on the humanitarian-aid flotilla headed to Gaza. But, right now Slate‘s Fred Kaplan seems to be on the right track: “Israel’s storming of the Mavi Marmara, killing at least nine Free Gaza activists and wounding several more, was an act of jaw-gaping stupidity–strategically and tactically, even leaving aside morally.“

And morally, there are obvious problems too. As Peter Beinart — continuing his recent heterodoxy — explained today: “[T]he embargo must be tight enough to keep the people of Gaza miserable, but not so tight that they starve…There’s a name for all this: collective punishment.” Also of note: today’s J-Street response: “This shocking outcome of an effort to bring humanitarian relief to the people of Gaza is in part a consequence of the ongoing, counterproductive Israeli blockade of Gaza…We urge President Obama and other international and regional leaders to take today’s terrible news as an opportunity to engage even more forcefully in immediate efforts to end the Israeli-Palestinian conflict.“

I agree, and I hope our immediate actions in the wake of this flotilla fiasco (I feel like I’m using that word a lot lately, and yet it continually applies) — watering down the UN resolution and working the phones for Israel — are being done with an eye to the long game of bringing peace to the region, not just the usual, reflexive circling of the wagons.

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.

Krugman: Enough with the Deficit Panic.

“What’s the greatest threat to our still-fragile economic recovery? Dangers abound, of course. But what I currently find most ominous is the spread of a destructive idea: the view that now, less than a year into a weak recovery from the worst slump since World War II, is the time for policy makers to stop helping the jobless and start inflicting pain.” The NYT’s Paul Krugman weighs in on the deficit hysteria afflicting Washington right now. Honestly, this is Keynes 101, people — you don’t dial back government spending at a moment of incipient recovery, or else you end up with things like the 1937 Roosevelt Recession.

FWIW, the deficit witchhunt may be rolling in DC, but the bond markets aren’t listening. “On Friday, they were willing to hand over their cash to the Treasury for 10 years for 3.3 percent interest, a level so low it implies they consider the United States among the safest investments in the world.“

“The Beast” is not contained.

“The relationship between the federal government and the oil company has been an awkward collaboration all along — “We have them by the neck,” Interior Secretary Ken Salazar said of BP in congressional testimony last week — but it reached a turning point Monday when the administration said it no longer wants to share a podium with BP at the daily briefing in Louisiana. Instead, the national incident commander, Coast Guard Adm. Thad W. Allen, will give a solo briefing wherever he happens to be.“

With “Top Kill” a failure, the way forward murky, the environmental impact likely irrevocable, and oil still flowing into the Gulf at a rate three times what BP tried to spin, the Obama administration begins to move toward a more confrontational footing, including having Attorney General Holder look into a possible criminal investigation. Yeah, I’d say there’s a case there. And it’d be a much better use of Justice’s time than its flat-out reprehensible war on whistleblowers. (Aquaman cover via Graphic Policy. And Spongebob fared little better.)

Update 2: “‘We will prosecute to the fullest extent of the law, anyone who has violated the law,’ Holder said. ‘This disaster is nothing less than a tragedy.’” I’m all for it — Let’s get some accountability here for once. But, hey, you know what else is a tragedy? Torture. And you know what else? Indefinite detentions. And you know what else? The fraud-fueled Wall St. meltdown. As I noted above, the only folks this Justice Dept. seems to have been cracking down on so far, in full defiance of 2008 campaign promises about transparency, are whistleblowers. Their priorities have seemed awfully screwed-up thus far, to say the least.

GOP, meet 4chan.

“We need to train an army of Ninja Cats. Cats are natural born hunters and predators, and it is known that they indeed have 9 lives, many more than the typical human life (being one). They are also excellent at hiding themselves and would be ideal for sneaking into countries and assassinating communist leaders to lessen the ever growing threat of communism, finding key terrorist leaders and shattering the global terrorist network.”

As a highly entertaining Reddit thread well put it, “House Republicans turn to the Internets for suggestions on new legislation. Internets reacts exactly how you’d expect.” The lack of their own ideas aside, the fact that nobody on the GOP saw this egregious messaging #fail coming from a mile away speaks volumes about their Internet savvy. Series of tubes! (FWIW, here’s the counter-argument — More than anything, it’s a list-builder.)

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.”

Spitting on a Gift Horse.

“They’re not accustomed to being engaged in politics this way,” says a private-equity investor. ‘Their skin isn’t toughened. They actually take [the attacks by Obama] personally. This is a profession with a lot of smart people, but who aren’t necessarily terribly introspective. They think they actually deserve to make all this money. So any attack on their livelihood is, ahem, unpleasant.’“

In the wake of the Senate’s 59-39 passage of financial reform last week (not to mention increasing evidence of rampant and pervasive fraud at Goldman, Morgan, and elsewhere), New York‘s John Heilemann surveys the bruised egos of Wall Street’s would-be robber barons. (In very related news, Paul Krugman and the WP note that Wall Street is now betting heavily on the GOP again.)

Keep in mind: Wall Street is angry with the administration despite the fact that “Geithner’s team spent much of its time during the debate over the Senate bill helping…kill off or modify amendments being offered by more-progressive Democrats.” [Change we can believe in!] Heilemann writes: “Whatever the effects of the bill, among them will be neither an end to the too-big-too-fail doctrine nor any curb on what the sharpest Wall Streeters see as the central threat to the system’s stability: excessive financial leverage. Geithner, Summers, and Obama had little interest in tackling those matters, not because they are indentured servants to Wall Street but because at heart they are all technocrats who believe the system doesn’t need to be rebooted or downsized, merely better supervised.“

Still, on the bright side and despite the ambivalence (or open opposition) from folks in high places, this bill did get significantly stronger on the Senate floor, and in some ways is now stronger than the House version passed last year. Let’s hope this welcome progressive trend continues in conference.

No Joy in Kabul.

“Things in that unhappy country are going badly — much worse, of course, than Team Obama had to pretend this week but quite a bit worse than even a sensible skeptic might think. And unless Karzai takes to heart the lectures he heard (someone must have given him a stern talking-to amid all the bonhomie), things are only going to get worse still.”

After perusing an unclassified DoD report released last month, Slate‘s Fred Kaplan sees ominous trends unfolding in Afghanistan. “[T]he full report is a hair-raiser. The news is almost all bad; and the few bits of good news turn out, on close inspection, to be extremely misleading…[T]he report states, ‘The insurgents perceive 2009 as their most successful year.’”

Cut Corners Kill Coasts.

“We had this gradual discovery during Hurricane Katrina, where a natural disaster eventually became seen as what it was, a man-made failure. And now, what was called an ‘act of God’ and a freak accident by the defenders of the pollution industry is now being labeled, proof positive, as the consequence of design failure. Not only did the blowout preventer under the Deepwater Horizon well have a leak in it, not only did it include a dead battery, not only were the tests on it falsified for years, but when engineers actually needed to use it and tried to activate it, they didn’t have the right schematics.“

As the Gulf runs black, it’s the same old story: FDL’s David Dayen brings us up-to-date on the idiotic and/or corrupt shenanigans coming to light in the wake of the (still-gushing) Deepwater Horizon gusher. “This is all a consequence of aggressive deregulation by industry, the maneuvers whereby powerful interests save billions in safety costs. They follow the rules at their discretion, they practically own the regulatory agency. It’s amazing how much this mirrors the problems on Wall Street. And just like with Goldman Sachs, the criminal justice system may get involved.” (Pic via TBP.)

Update: “‘We don’t have any idea how to stop this,’ Simmons said of the Gulf leak. Some of the proposed strategies — such as temporarily plugging the leaking pipe with a jet of golf balls and other material — are a ‘joke,’ he added. ‘We really are in unprecedented waters.’“