“The curtain got pulled aside, and there’s not even a wizard behind it…these people are incompetent.” As you probably heard, Karl Rove emerged from hiding to offer his blueprint for Republican resurgence in 2006. Yep, you guessed it: terror, terror, terror, 9/11, 9/11, 9/11, garnished with a smattering of tax cuts. But, to their credit, it sounds like Dems are relishing this coming fight, with Intelligence Committee Dem Jane Harman pushing back once more on the illegal wiretaps, and, in keeping with the recent trend of presidential also-rans finding their voice, John Kerry taking off the gloves on the Sunday shows. “Osama bin Laden is going to die of kidney failure before he’s killed by Karl Rove and his crowd.“
Category: War on Terror
The Kennedy Era.
“While it’s true that O’Connor has tended to vote with the majority more frequently than Kennedy, and that she has done so in some big 5-4 decisions, it’s also true that in other extremely contentious areas, it is Kennedy, not O’Connor, who has swung the court leftward.” As Dem begin to announce their no votes for Alito (while downplaying the likelihood of a filibuster), Dahlia Lithwick — who is concerned about Alito’s judgment in the relatively precedent-less world of anti-terror-law — gives us hope for the Court’s future in highlighting Anthony Kennedy as the new swing vote. (Clearly, the psycho-right despises him, which speaks well of his jurisprudence in my book.)
Another law broken.
The non-partisan Congressional Research Service finds — again — that Dubya’s warrantless wiretapping was illegal. In this case, the Dubya White House violated the 1947 National Security Act, by neglecting to inform the entire House and Senate intelligence committees of their shenanigans. Put it in the impeachment file, Sen. Specter.
Photo Opportunities (and shots at redemption).
“The president of the United States has been breaking the law repeatedly and insistently…A president who breaks the law is a threat to the very structure of our government.” I’ve had my issues with the guy, but, y’know, when he’s right, he’s right. As the ACLU and Center for Constitutional Liberties plan lawsuits against the NSA wiretaps, a revived Al Gore calls out Dubya on Snoopgate (Transcript.) Interestingly enough, “Gore was supposed to have been introduced, using a video link, by former congressman Robert L. Barr Jr. (R-Ga.) — a bitter adversary of Gore and President Bill Clinton during the 1990s who now shares Gore’s concern over the surveillance program. That strange-bedfellows moment was thwarted by a technological breakdown.“
9/11 in 4 Colors.
By way of LMG, an online exhibit on the response in comics to 9/11, featured on an intriguing site in its own right: The Authentic History Center: Primary Sources from American Popular Culture.
He has refused his assent to laws.
“It appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here,’ the authors of the CRS report wrote. The administration’s legal justification ‘does not seem to be…well-grounded.'” A 44-page nonpartisan report by the Congressional Research Service finds Dubya’s dubious reliance on presidential prerogative to explain away the NSA wiretaps doesn’t hold up.
Let’s Roll.
The teaser for Flight 93, first of the 9/11 movies out of the box, is online. Normally, I wouldn’t be interested in this project, but the presence of Paul Greengrass (Bloody Sunday, The Bourne Supremacy, the aborted Watchmen) at the helm is an X-factor. (Expect lots of shakicam.)
Repeated Injuries and Usurpations.
With most of their arguments already rendered false or nonsensical, “Big Time” Dick Cheney invokes an old standby to justify the illegal NSA wiretaps (which, it turns out, may have begun before White House authorization): 9/11, 9/11, 9/11. And, also in the King George department, Dubya in effect announces he’ll bypass the new torture ban whenever he feels like it. Says one legal expert: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’” (Media Matters link via Looka.) Update: The FISA court judges want answers, and a possible NSA whistleblower steps up.
Patriot Games.
Unable to defeat the Feingold-led filibuster, the Senate GOP instead decide to punt with a six-month extension of the Patriot Act. Dubya originally said he’d veto a three-month stopgap, and the Republicans have been fervently against previous Democratic calls for a temporary extension…but at this point it sounds like the White House and GOP will take what they can get. (Feingold’s reaction: It’s “a victory for the American people.”) Update: Make that a month.
The I-Word.
“‘The fact is, the federal law is perfectly clear,’ Turley says. ‘At the heart of this [NSA wiretap] operation was a federal crime. The president has already conceded that he personally ordered that crime and renewed that order at least 30 times. This would clearly satisfy the standard of high crimes and misdemeanors for the purpose of an impeachment.'” Salon‘s Michelle Goldberg assesses the current political temperature for Dubya’s impeachment. “‘For Republicans to suggest that this is not a legitimate question of federal crimes makes a mockery of their position during the Clinton period. For Republicans, this is the ultimate test of principle.‘” Update: Slate‘s Dahlia Lithwick also muses on Dubya’s distaste for the rule of law.