Lithwick: No More Kabuki Theater.

“Holder has fallen prey to the sort of magical legal thinking that seeps through the whole CIA report: the presumption that if there’s a legal memo, it must be legal…In other words, we are now protecting the good-faith torturers. That isn’t just wrong, it’s outrageous. It ratifies the most toxic aspect of the whole legal war on terror: that anything becomes permissible if it’s served up with a side of memo. Paper your misconduct with footnotes and justifications–even after the fact–and you can do as you please.“

Slate‘s Dahlia Lithwick explains the fundamental problem with the Justice Department’s new inquiry into Dubya-era torture: “Pretending we are investigating and curtailing a torture program isn’t all that different from pretending we didn’t torture in the first place.“

Meanwhile — hold on to your hats, people — Slate‘s Tim Noah discovers that Dick Cheney hasn’t been entirely truthful about what’s in the theoretically exculpatory CIA memos. “Portions have been redacted, so perhaps the evidence Cheney claims that enhanced interrogation saved American lives has been blacked out. But judging from what’s visible to the naked eye, the documents do not provide anything like the vindication that Cheney claims.” (Of course, even if they did provide said vindication, the question of whether or not torture is effective — 24 notwithstanding, we’re pretty sure it isn’t — is a completely separate question from whether or not torture is legal — it isn’t.)

The Messaging War.

“The narrative is simple: Insurance company plans have failed to care for our people. They profit from denying care. Americans care about one another. An American plan is both the moral and practical alternative to provide care for our people.“

Cognitive scientist George Lakoff discusses how the administration should best promote health reform (and the American Plan, nee “public option”), and offers a choice critique of “policy speak” — the old progressive standby of “enlightening public opinion” — that would make Walter Lippmann very happy: “To many liberals, Policy Speak sounds like the high road: a rational, public discussion in the best tradition of liberal democracy. Convince the populace rationally on the objective policy merits. Give the facts and figures. Assume self-interest as the motivator of rational choice. Convince people by the logic of the policymakers that the policy is in their interest. But to a cognitive scientist or neuroscientist, this sounds nuts. The view of human reason and language behind Policy Speak is just false. “

Lakoff aside, the good folks at Media Matters have compiled a useful list of “Myths and Falsehoods about Health Care Reform,” and how best to refute them. And, next time somebody starts ranting at you about how Big Guv’mint never does anything right, send ’em here with a smile.

Brain-Eating by Other Means.

“Instead, constructivists would posit that the zombie problem is what we make of it. That is to say, there are a number of possible emergent norms in response to zombies. Sure, there’s the Hobbesian ‘kill or be killed’ end game that does seem to be quite popular in the movies. But there could be a Kantian “pluralistic anti-Zombie” community that bands together and breaks down nationalist divides in an effort to establish a world state.“

Following up on this recent mathematical modeling study confirming the dire global ramifications of a zombie outbreak (naturally, the talk-radio right remains unconvinced), Daniel Drezner ponders the responses of various IR schools to World War Z. “Now, some would dispute whether neoconservatism is a systemic argument, but let’s posit that it’s a coherent IR theory…clearly, neoconservatives would argue, zombies hate us for our freedom not to eat other humans’ brains.“

Left Behind.

“‘I don’t understand why the left of the left has decided that this is their Waterloo,’ said a senior White House adviser, who spoke on the condition of anonymity. ‘We’ve gotten to this point where health care on the left is determined by the breadth of the public option. I don’t understand how that has become the measure of whether what we achieve is health-care reform.’” In one of the dumbest unsourced administration quotes since “the reality-based community,” an unnamed White House official indulges his/her pique with progressives by marginalizing the public option.

Uh, what? First off, this is your plan, White House folks, and not really the type of thing you want to characterize as “left of the left.” Second, the “left of the left”, as most people know, would actually prefer a single-payer system, and in fact find the public option to be pretty weak tea — the type of compromise between comprehensive reform and the status quo that we should have ended up with at the close of negotiations, not used as the opening salvo of our health care strategy. Third, the quote demonstrates a troubling arrogance toward, and an idiotic contempt for, both the administration’s natural allies in this fight and the very people who put them in office. Spitting in the eye of progressives in order to seem moderate to folks who will never, ever agree with you is not only counter-productive, but pointless and insulting.

Bad messaging, bad politics…This is an amateur move, and no mistake. One hopes Mr./Mrs. Anon. at the very least caught an earful about it this morning. And that there are some people in and around the inner circle who think a little more highly of this same public option that the administration has pushing for months. And that the archetypal DLC/Third Way contempt for progressives evinced in the quote is nipped in the bud, like, yesterday. These type of “let’s scoff at the lefty fringe” insults, like the self-aggrandizing “centrist” careerists who make them, are not part of change we can believe in. In fact, they sound entirely too much like more of the same.

TLDR version: Trying to marginalize the lefties who are behind you in order to appease the righties who hate you is not a winning strategy, in health care or anything else. Nor is it at all what we voted for. Get it together.

Before Birthers, Birchers.

“So the birthers, the anti-tax tea-partiers, the town hall hecklers — these are ‘either’ the genuine grass roots or evil conspirators staging scenes for YouTube?…They are both. If you don’t understand that any moment of genuine political change always produces both, you can’t understand America, where the crazy tree blooms in every moment of liberal ascendancy, and where elites exploit the crazy for their own narrow interests.“

In the WP, historian Rick Perlstein puts the latest incarnation of the stark raving right-wing in historical perspective. The difference this time? The media is completely failing at its job. “The tree of crazy is an ever-present aspect of America’s flora. Only now, it’s being watered by misguided he-said-she-said reporting and taking over the forest. Latest word is that the enlightened and mild provision in the draft legislation to help elderly people who want living wills — the one hysterics turned into the ‘death panel’ canard — is losing favor, according to the Wall Street Journal, because of ‘complaints over the provision.’ Good thing our leaders weren’t so cowardly in 1964, or we would never have passed a civil rights bill — because of complaints over the provisions in it that would enslave whites.”

The Moon Receding?

“‘If you’re willing to wait until 2028, you’ve got a heavy lift vehicle, but you’ve got nothing to lift,’ she said. ‘You cannot do this program on this budget.‘” President Obama’s Human Space Flight Plans Committee is set to announce that getting back to the moon by 2020 is not feasible given current budgetary constraints, and Mars is definitely out of the question. “The final list of options…will include some variation of a lunar base down the road. But the committee is most animated by what it calls the ‘Deep Space’ option, a strategy that emphasizes getting astronauts far beyond Low Earth Orbit but not necessarily plunking them down on alien worlds.‘” Which basically sounds like unnecessarily strapping astronauts to normally-unmanned fly-by missions — Not sure I see much point in that.

Honestly, this is pathetic. As I said here, it’s time to raise our expectations of what we can achieve in space, and fund manned exploration of the solar system accordingly. Particularly given how much we’re blowing on the Pentagon’s space toys at the moment, we could stand to spend a bit more on one of the most important collective human endeavors still before us.

A Republic, If You Can Keep It.

“‘An investigation that focuses only on low-ranking operators would be, I think, worse than doing nothing at all,’ said Tom Malinowski, Washington advocacy director for Human Rights Watch.” Per both the WP’s recommendation and an earlier trial balloon of a few weeks ago, Attorney General Eric Holder announces he’s considering a ridiculously abbreviated investigation into the Dubya era torture regime, one that will focus only on “‘whether people went beyond the techniques that were authorized’ in Bush administration memos that liberally interpreted anti-torture laws.“

In other words, Attorney General Holder’s big plan appears to be snag a Jack Lint (re: Lynndie England) or two, while retroactively legitimizing the real criminals who set these thoroughly un-American torture policies in motion, and then call it a day. This is not justice, nor is it change we can believe in.

Civil libertarians across the board are livid at today’s news, and for good reason. Worse, this is just the most recent chapter in the Obama administration’s blatantly terrible record on civil liberties issues over these past six months. The President’s nudge, nudge, wink wink stance on all this last April — these aren’t “really” our policies” — looks ever more mealymouthed and insulting with each new revelation. That dog won’t hunt anymore.

Whatever happens with health insurance reform, and let’s hope it passes with real teeth, the president’s civil liberties record thus far counts as a real moral failure for this administration. Their enthusiastic continuation of Dubya-era policies on this front does violence not only to the reasons why many of us voted for Obama in the first place, but to the founding principles of our increasingly aggrieved republic. For shame.

Inside Men at the FEC.

“That’s happened with increasing frequency at the FEC lately. Election-law experts, supporters of campaign-finance regulations, and even some members of the commission itself are expressing growing concern about a string of cases in which the three Republicans on the commission — led by Tom DeLay’s former ethics lawyer — have voted as a block against enforcement, preventing the commission from carrying out its basic regulatory function.” Pete Martin and Zachary Roth of TPM Muckraker delve into how Republicans antithetical to campaign finance reform have effectively sabotaged the FEC. “The FEC, he said, has been made ‘ineffective’ — and not by accident. ‘This is what McConnell had in mind.’“

“Of course, the one person who could do the most to get the commission back on track is President Obama…Most experts believe that the White House supports stronger campaign-finance laws as a goal, but, with a host of other issues on its plate, is reluctant to pick a fight with the GOP Senate leader. ‘They’re picking their priorities, and they don’t want to take on Mitch McConnell right now,’ said Hasen. ‘I consider that unfortunate.‘” Anyone else sensing a pattern?

Blue Sky Mining.

“One of the bill’s co-sponsors, Rep. Edward J. Markey (D-Mass.), said: ‘The American people wanted change in our energy and climate policy. And this is the change that the people are overwhelmingly asking for.’ He called it ‘the most important energy and environment bill in the history of our country.‘” After much wrangling and a half-hearted GOP attempt at filibuster (which is only a prerogative of the Senate), the House passes the Waxman-Markey climate bill, 219-212. (Eight Republicans voted for it, 44 Dems opposed.) The “cap-and-trade” bill “would establish national limits on greenhouse gases, create a complex trading system for emission permits and provide incentives to alter how individuals and corporations use energy.” [Key provisions.]

There is some concern that the bill has been watered down too much out of political necessity: “While the bill’s targets may seem dramatic, they are in fact less than what the science tells us is required to avoid catastrophic warming. The 2020 target in particular is far too weak and quite easy and cheap for the country to meet with efficiency, conservation, renewables and fuel-switching from coal to natural gas.“

Still, environmentalists remain hopeful. “It is worth noting that the original Clean Air Act — first passed in 1963 — also didn’t do enough and was subsequently strengthened many times.” And, while the bill — which (sigh) gives away 85% of the new emission allowances (the heart of the “cap-and-trade” market hopefully soon to emerge) to interested parties — looks to “set off a lobbying feeding frenzy,” groups like the NRDC seem to agree that “[t]his is the best bill that can actually get through committee.”

Of course, now the bill has to get through the Senate, where the usual lions lie in wait. “”Senator Inhofe of Oklahoma said ‘It doesn’t matter,’ he declared flatly, ‘because we’ll kill it in the Senate anyway.'” And even some Dems are fatalistic about its prospects. “Mississippi Rep. Gene Taylor (D) voted against the measure that he says will die in the Senate. ‘A lot of people walked the plank on a bill that will never become law,’ Taylor told The Hill after the gavel came down.” Looks like Sen. Reid has his work cut out for him.

Forty Years and Counting.

“The cultural climate is far different today, besides. Now, roughly 75 percent of Americans support an end to Don’t Ask, and gay issues are no longer a third rail in American politics. Gay civil rights history is moving faster in the country, including on the once-theoretical front of same-sex marriage, than it is in Washington. If the country needs any Defense of Marriage Act at this point, it would be to defend heterosexual marriage from the right-wing ‘family values’ trinity of Sanford, Ensign and Vitter.”

The NYT’s Frank Rich reflects on the gay rights movement on the 40th anniversary of Stonewall. “No president possesses that magic wand, but Obama’s inaction on gay civil rights is striking. So is his utterly uncharacteristic inarticulateness…It’s a press cliche that ‘gay supporters’ are disappointed with Obama, but we should all be.“