Category: The Obama Presidency

Manning Down.

“The ‘aiding the enemy; charge was so preposterous on its face, and so evil in its intent, that it tended to obscure how contrary to acceptable American jurisprudence the entire situation — from his detention to his trial — regarding Bradley Manning was. But it was in that charge that this administration — this Democratic administration, headed by a former professor of constitutional law — demonstrated its willingness, if not its eagerness — to elevate information into a tin god to whom we are all suppliants, and against whom we have no civil rights worthy of the name.”

As the Bradley Manning trial moves to sentencing — I wrote about the case here in March — Esquire’s Charlie Pierce wonders again how we got so far down the rabbit hole. Honestly, we should have a pretty good sense, at this late date, that prosecuting anyone under the godforsaken Espionage Act is generally a terrible idea.

Referring to the most venomous of the charges, which Manning thankfully escaped — that he was willfully “aiding the Enemy” by blowing the whistle on Army misdeeds — Pierce writes: “That anyone in this government thought this is a good idea is something worth studying. Manning’s going to go to jail from now until Christ alone knows when. The people who thought this up are still going to have good government jobs. Something’s not right with that.” Amen.

The Arctic Depression.

“The release of methane from thawing permafrost beneath the East Siberian Sea, off northern Russia, alone comes with an average global price tag of $60 trillion in the absence of mitigating action — a figure comparable to the size of the world economy in 2012 (about $70 trillion). The total cost of Arctic change will be much higher.”

A new scientific analysis estimates the global cost of the melting Arctic, and it’s extremely terribad — $60 TRILLION bad. “Many experts now say that if recent trends continue and Arctic sea ice continues its ‘death spiral,’ we will see a ‘near ice-free Arctic in summer’ within a decade. That may well usher in a permanent change toward extreme, prolonged weather events ‘such as drought, flooding, cold spells and heat waves.'” So, hey, instead of working to address this multi-trillion dollar crisis before it hits, let’s just spend years and years and years sweating the deficit. Now, that’s leadership.

Update Per Mother Jones, the potentiality of such a methane bomb is in some dispute: “Bear in mind that there are many good reasons to be skeptical of a methane disaster — it is hardly a matter of scientific consensus that this is a real concern. And that stands in stark contrast to the issue of climate change in general, an issue on which scientists are overwhelmingly aligned (and where the solution remains incredibly obvious: cutting carbon emissions).”

Orange is the Same Old Black.

“Last month, President Obama quietly did something that should shake every American to the core. Seeking to enforce federal crack cocaine laws that have since been repealed, the Obama administration asked a federal appeals court to ensure that thousands of human beings, mostly poor and mostly black, remain locked in prison – even though everyone agrees that there is no justification for them to be there.”

Yet another for the Hope-and-Change file: Obama’s DOJ urges the Courts to keep prisoners convicted under outdated sentencing requirements in jail, because…because…well, it’s hard to fathom, really. “For several years, federal judges have done nothing to remedy this injustice; one famously concluded that the prisoners sentenced under the old law had simply ‘lost on a temporal roll of the cosmic dice”. So, there are American citizens serving tens of thousands of years in prison because, according to all three branches of government, it’s just their tough luck?”

If you’re keeping score at home, folks, Obama’s Department of Justice has basically said at this point that whistleblowers and non-violent drug offenders should get the book thrown at them, but economy-toppling banksters and torturers should walk free. Yessir, they’re really speaking truth-to-power over at DOJ these days. What a courageous bunch.

The Minimum is Not Enough.


“As of today, it’s been four years since the last increase in the federal minimum wage, to $7.25 per hour, or $15,000 per year for full-time work…[T]he current level, by all measures, is just too low…[I]f it had kept up with inflation since its peak in 1968, the federal minimum wage would now be $10.75 an hour. And if the minimum wage had grown along with workers’ productivity, it would be as high as $17.19 today.”

After four years of inaction, CEPR examines the costs of a stagnant minimum wage. Conversely, raising the minimum to $10.10 an hour — as supported by 80% of Americans — would create an estimated 300,000 jobs and add $33 billion to the economy. So you’d think Congress would get on that, yes? Umm…

In very related news, a new AP poll finds that, as a result of stagnant wages, income inequality, and a deteriorating job market, fully 80% of Americans experience poverty, unemployment, and deprivation at some point in their lives. “By 2030, based on the current trend of widening income inequality, close to 85 percent of all working-age adults in the U.S. will experience bouts of economic insecurity.” The American Dream, now with Vegas casino odds.

The Eyes of the White Tower.

“Consider the basic premise of Tolkien’s trilogy: a small group of dedicated subversives willing to sacrifice their lives slips in under the surveillance system of a great power, blends in with an alien population, and delivers a devastating blow to the heart of its empire, leaving its security forces in disarray and its populace terrified. Even a tower or two crumbles to dust.”

You know of what I speak, Snowden…a Great Eye, lidless, wreathed in flame. From the bookmarks, academics David Rosen and Aaron Santesso employ Tolkien to explain the modern surveillance state. “[I]n Sauron, Tolkien is able to imagine a figure of godlike power and seemingly infinite resources, but crippling interpretive fallibility.”

A bit overwrought, perhaps, but food for thought. And they neglected to mention another telling similarity: The hearts of Men are easily corrupted.

Here is the House.

“Let’s see where she stands, OK? Yesterday, an amendment leaped over ‘a key hurdle’ in the Senate…The amendment in question mandates that we spend an absurd amount of money on ‘border security’ because we love to spend absurd amounts of money on anything that looks remotely military or remotely like law enforcement, and “border security” looks a lot like both. We will also spend an absurd amount of money on “border security” because that was the only way to bribe enough Republicans to vote in such a way as to allow the amendment to clear the ‘key hurdle.’ So what was the ‘key hurdle.’ Enough senators voted for the amendment to spend an absurd amount of money on ‘border security’ to allow the amendment itself to be voted on in the Senate.”

The indispensable Charles Pierce checks in on immigration reform in the Senate, and underlines anew one of the fundamental truths of our current politics. To wit:

“In 2010, the American people elected what is possibly the worst national legislature in the history of the Republic. They also elected some of the worst state legislatures in the history of the Republic, too, which thereupon enacted redistricting and gerrymandering schemes guaranteeing that subsequent national legislatures elected wouldn’t be much better. In 2010, the country committed itself to decades of gridlock, mediocrity, and a perpetual state of hysterical paralysis in the national government. It would be nice if this were pointed out with somewhat more regularity.”

Update: Some telling stats by way of Dangerous Meta: “The much-criticized 112th Congress — from 2011 to 2012 — was the least productive and least popular Congress on record, according to the available statistics…only 15 legislative items have become law under the current Congress. That’s fewer than the 23 items that became law at this same point in the 112th Congress, which passed a historically low number of bills that were signed into law.”

Our Criminal Surveillance State.

“Leave aside the Patriot Act and FISA Amendments Act for a moment, and turn to the Constitution. The Fourth Amendment obliges the government to demonstrate probable cause before conducting invasive surveillance. There is simply no precedent under the Constitution for the government’s seizing such vast amounts of revealing data on innocent Americans’ communications.”

As scholars Jennifer Stisa Granick and Christopher Jon Sprigman remind us in the NYT, make no mistake: the NSA’s current surveillance regime is entirely illegal. “We may never know all the details of the mass surveillance programs, but we know this: The administration has justified them through abuse of language, intentional evasion of statutory protections, secret, unreviewable investigative procedures and constitutional arguments that make a mockery of the government’s professed concern with protecting Americans’ privacy. It’s time to call the N.S.A.’s mass surveillance programs what they are: criminal.”

As I said last time, this shouldn’t even be in dispute. But far too many ostensible Democrats seem to assume this culture of lawlessness is ok now that Obama’s at the helm. Once again, we have lost our way.

“If convicted on all three counts, the former N.S.A. contract-systems administrator could face thirty years in jail. On the Sunday-morning talk shows I watched, there weren’t many voices saying that would be an excessive punishment for someone who has performed an invaluable public service.” In related news, The New Yorker‘s John Cassidy laments the cowardice of today’s media with regards to the fate of Edward Snowden: “The Obama Administration doesn’t want him to come home and contribute to the national-security-versus-liberty debate that the President says is necessary. It wants to lock him up for a long time”

The mantra of good journalism should be to afflict the comfortable and comfort the afflicted, but, here again, our broken, trivia-obsessed, lapdog-riddled fourth estate has it exactly backward. It is infuriating to behold.

Still, at the very least, Frank Rich has ably summed up all you need to know about NBC’s David Gregory, who recently queried on-air whether Glenn Greenwald should be jailed for breaking the Snowden story:

“Is David Gregory a journalist? As a thought experiment, name one piece of news he has broken, one beat he’s covered with distinction, and any memorable interviews he’s conducted that were not with John McCain, Lindsey Graham, Dick Durbin, or Chuck Schumer…In any case, his charge is preposterous…I propose that Gregory be full-time on Today, where he can speak truth to power by grilling Paula Deen.”

Snowden’s Secret.

“‘I don’t see myself as a hero,’ he said, ‘because what I’m doing is self-interested: I don’t want to live in a world where there’s no privacy and therefore no room for intellectual exploration and creativity.'”

Breaking everywhere the past week: 29-year-old former CIA IT guy and defense contractor Edward Snowden reveals to Glenn Greenwald that the NSA has been indiscriminately collecting everyone’s phone records and gouging into the data networks of Apple, Google, Facebook, and other mainstays of today’s social media. “The Prism program allows the NSA, the world’s largest surveillance organisation, to obtain targeted communications without having to request them from the service providers and without having to obtain individual court orders.”

Sadly, this isn’t all that surprising. There have been intimations that the NSA has been up to no good — even beyond the warrantless wiretap fiasco under Dubya — since that weird visit to John Ashcroft’s hospital bed. Nor, sadly, is it all that surprising that — despite saying exactly the opposite in 2007 — our current President is both fine with these surveillance practices and authorizing them. (And at least from my perspective, the idea that getting the rubber stamp approval of a secret FISA court that never says no makes it all ok does not hold water.)

This is exactly what I was talking about last update. Obama acts tortured about continuing all of Dubya’s most terrible civil liberties violations, but then goes ahead and does them anyway. For Crom’s sake, he’s even picked James Comey, the guy who approved warrantless wiretaps back in 2006, to be the new FBI chief. And because this president and this administration is so brazenly two-faced about their anti-terror policies, you end up with disturbing polls like this:

Speaking of which, at the very least these revelations of blatant NSA overreach have had the healthy effect of exposing which alleged lefties out there walk the walk.

For example, in the Senate: On one hand, we have Ron Wyden, Mo Udall, and Jeff Merkley calling out Obama for continuing with this extra-legal, ginormous-net approach to surveillance. “‘As far as we can see, all of the useful information that it has provided appears to have also been available through other collection methods that do not violate the privacy of law-abiding Americans in the way that the Patriot Act collection does,’ Udall and Wyden said.”

On the other hand, here’s ostensibly Democrat Dianne Feinstein yesterday going full Body Snatcher about Snowden: “‘I don’t look at this as being a whistle-blower,’ Sen. Dianne Feinstein (D-Calf.) said. ‘I think it’s an act of treason.‘” (FWIW, John Boehner and Lindsey Graham were right there with her.) Of course, it’s never “treason” when Feinstein continually does it, and, in any case, this wasn’t breaking news either: The senior Senator from California has long been a quintessential “symbol of the worthless Beltway Democrat.”

This revealing breeze stirred by the NSA revelations is coursing through media outlets too. On one hand, Slate‘s Fred Kaplan has — quite correctly — called for James Clapper’s resignation, given that he flat-out lied to Congress: “We as a nation are being asked to let the National Security Agency continue doing the intrusive things it’s been doing on the premise that congressional oversight will rein in abuses. But it’s hard to have meaningful oversight when an official in charge of the program lies so blatantly in one of the rare open hearings on the subject.” Spot on.

Meanwhile, TPM’s Josh Marshall, who likes to pretend his blog is a font of independent thinking, hems and haws about it all in classic pusillanimous Village-think fashion, all the while making sure never to say anything that might harm his establishment respectability. “I’ve made clear that I don’t see Manning as a hero or a whistleblower or really anything positive at all…Pretty early I realized that to his supporters Manning was a whistleblower who was being persecuted by the government, almost like a political prisoner or prisoner of conscience.” No, Josh, it doesn’t “seem” that way “to his supporters” — That is in fact what is %#%@ happening.

In any case, so as not to fall into the same trap, I’ll just say it outright: First, if Snowden and Manning are traitors, then so is Daniel Ellsberg and so, for that matter, is Dianne Feinstein and any other politician or government official who leaks when it’s convenient. (Also, sorry, folks. there is no substantive difference between revealing secrets to the criminal Julian Assange or to the venerable Bob Woodward. But please do let me know when Richard Armitage is put in a sweatbox for 23 hours a day.)

Second, this vast surveillance apparatus NSA has been constructing is both obviously overkill and clearly legally and constitutionally repugnant, and if this president lived up to even half the rhetoric he continually espoused before he was elected, he would have ended it years ago. Quite frankly, the doubletalk from him, and from so many other Democrats about these revelations so far, is both inexcusable and out-and-out pathetic.

More than Words.

“And yet, as our fight enters a new phase, America’s legitimate claim of self-defense cannot be the end of the discussion. To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance. For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power — or risk abusing it.”

Didn’t get to this before heading out for a Memorial Day weekend camping trip: As y’all know by now, President Obama delivered a much-hailed State of the War on Terror address at the National Defense University, during which he called for the eventual repeal of AUMF, tighter oversight of drone strikes, and the closing of the Gitmo Gulag at last. “Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”

Sounds great! When’s it happening? Er…well, that’s that trick, isn’t it? When it comes to the first promise — the repeal of AUMF — as Brooking’s Benjamin Witte noted: “Obama does not need Congress to narrow or repeal the AUMF or to get off of a war footing. He can do it himself, declaring hostilities over in whole or in part. And Obama, needless to say, did not do anything like that.”

Ok, what about drone strikes? As Fred Kaplan and others — including the heckler at the speech — have pointed out, President Obama did not promise to transfer drone strike authority from the CIA (where they remain covert) to the military (where there’s more possibility of oversight.) Nor did he pledge to end “signature strikes,” meaning the current practice of unleashing fiery death upon unknown parties because they seem to be acting shady. This “supposedly new, restrictive policy on drone strikes,” writes Kaplan, “was neither new nor restrictive…In short, the speech heralded nothing new when it comes to drone strikes.”

Instead, Obama defended his drone policy as legal and effective. At one point, he asserted “for the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen — with a drone, or with a shotgun — without due process.” And then, in the very next paragraph, he asserts that particular executive prerogative in the matter of Anwar Awlaki — assassinated without due process. (FWIW, Obama is clearly using the Colbert reasoning here: “Trial by jury, trial by fire, rock, paper scissors, who cares? Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”)

As for Gitmo…well, we have been here before, so fool me once and all that. “‘The speech was deeply disappointing,’ says David Remes, a lawyer who has represented a number of Yemenis held at Guantanamo – adding that Obama only ‘created the illusion of forward momentum.’…The president has the power to issue national security waivers and direct the Secretary of Defense to certify detainee transfer if they are deemed not a national security threat – something human rights groups have been advocating. Didn’t hear much about that in the president’s address.

Yes, the paragraphs I quoted from the speech above at the onset are laudable, and yes, I suppose some people might find it vaguely comforting to know that the force of these issues weigh on the presidential mind in a way they didn’t between 2001 and 2008. But let’s be honest. It has been a troubling tendency of this administration — and by troubling tendency I mean signature pattern — to follow up lofty, progressive-minded rhetoric with absolutely no action of consequence. We need more than words from this president.