“I did not and could not address…any other classified intelligence activities.” In a letter clarifying his recent Senate testimony on the NSA wiretaps, Attorney General Alberto Gonzales hints at a broader warrantless spying program than has yet been acknowledged. “‘It seems to me he is conceding that there are other NSA surveillance programs ongoing that the president hasn’t told anyone about,’ said Bruce Fein, a government lawyer in the Nixon, Carter and Reagan administrations.” Update: Gonzales tells Jane Harman that’s all there is.
Tag: Alberto Gonzales
Specter v. S.P.E.C.T.R.E.
The Specter hearings into the illegal NSA wiretaps begin, and, so far despite Specter’s tough talk on Sunday, they’ve been pretty much a sideshow. For one, as they did with Big Oil, the GOP ensured by a 10-8 party-line vote that Gonzales didn’t have to testify under oath. For another, Gonzales has been falling back on the ridiculous Article 2 defense and saying little of import as of yet. Still, at least Republicans like Specter and Lindsey Graham are joining Feingold and others in calling out the administration’s dubious rationale for the Imperial Presidency, so perhaps these hearings may be of some service yet. Update: As the NYT points out, we’ve been here before. Update 2: Dahlia Lithwick is not amused.
Big Russ.
With a tip-off from the Progressive Patriots Fund, I had the opportunity yesterday to catch Sen. Russ Feingold speak on the Patriot Act and the NSA wiretapping scandal over at Cardozo Law School. (Their pics are a lot better than mine — I forgot to charge my batteries, and thus only got in 2 or 3 shots before my camera died on me.) And how was he? Well, all-in-all, he came off as a convincing candidate for the election ahead, as well as an impressive, informed, and personable fellow. To be honest, I found his remarks a bit lawyerly (then again, he’s a lawyer speaking before a law school, so that’s not really a fair criticism), but, taken in full, he seemed a committeed progressive and a refreshingly candid leader, the type of dynamic, independent thinker the Senate should be teeming with, if the system came anywhere close to working these days.
The gist of Sen. Feingold’s remarks was thus: Al Qaeda is the central threat facing America and has been since 9/11. Yet, instead of bringing the nation together to eliminate this terrorist organization, the Dubya White House has chosen time and time again to endanger our national security and compromise our most fundamental American values for their own ideological or power-hoarding purposes. (Iraq, Guantanamo, extraordinary rendition, secret gulags, you name it.) Along those lines and as we now all know, the Patriot Act, which only Feingold voted against in 2001, contains some terrible provisions therein, the most notorious example affecting Middle America being Section 215 (which gives law enforcement, among other things, the right to see what you’ve been reading.)
Yet, as per the norm, Dubya has refused to admit that it’s even possible that something might be wrong with the Patriot Act now that it’s up for renewal — only that it’s necessary to defeat the evildoers and that any microscopic change in the statute could rend the fabric of freedom irreparably. (Despite this now-somewhat hoary ploy, Feingold and others have succeeded in blocking a permanent blanket extension for now, as y’all know if you’ve been visiting here lately.) And, of course, Dubya has taken this same tack of obfuscation and fear-mongering to cover up his brazen wiretapping power-grab — which, according to Congress’s own research arm, broke at least two laws and counting.
Again, this story is not news to many Dems out there, but Feingold laid it out in clear, comprehensible, and systematic fashion. (The only “breaking news” made was the Senator announcing this letter to Gonzales, asking him why he, in effect, lied to the Judiciary Committee during his confirmation hearings about the NSA wiretaps.) And he had some good lines throughout — In reply to Rove’s ridiculous claim that Dems were “pre-9/11”, Feingold quipped that the GOP suffered from a “pre-1776” mentality these days. (He also retold the recent Patrick Henry exchange.) To be honest, I’d liked to have heard more in this vein — In terms of breaking down the legislative legerdemain and legal issues at hand, Feingold was superb. But I thought the speech needed more narrative sweep and rhetorical grandeur, more explanation of why this battle matters so much to the workings of the republic. He doesn’t have to turn into Robert Byrd overnight. Still, I thought the remarks could have benefited from more dramatic heft and historical resonance: Jefferson, Madison, Adams, Lincoln, Wilson…they’re all relevant here. (Then again, as I said above, I was an historian sitting in a room full of lawyers, so I was a tougher sell than most.)
Along those lines, if there was a problem with this presentation, it’s that the Senator, while clearly outraged, at times seemed much less livid about all this than many in the audience, who occasionally sounded ready to hoist the black flag. (In fact, many will no doubt be happy to hear that Feingold was asked twice “why Democrats are so lame.” As he noted (and as the blogosphere can attest this week), if a crowd in New York City is this irate with the party, the Dems might be in serious trouble nationwide in November. Still, he also emphasized that the Democrats could be more effective fighters if they actually controlled a house of Congress — You can’t hold hearings if you’re in the minority.
In terms of other questions, Feingold said he supports and will take part in the very late-developing (and now already defunct) Alito filbuster (Roll Call.) In fact, he thought the Dems made a crucial mistake in capitulating to the original “Gang of 14” compromise, arguing cogently that Dems have seen nothing for it and may well have had the votes to win Catkiller‘s game of nuclear chicken. Since Casino Jack and lobbying reform seemed too big a subject to address competently in the time allotted, I asked him a question about his thoughts on the NYT decision to spike the NSA story for a year, his general view of the mass media’s performance in serving as a check on these types of executive abuses, and (’cause it seemed apropos) his thoughts on the burgeoning blogosphere’s role in all this. He didn’t really go after the Times decision, and said that, in terms of the recent Patriot Act debate, he thought the press had actually done an ok job. Regarding blogs, he called the Internet “a miracle for populist politics,” which was a good enough soundbite that everyone in my row dutifully wrote it down at the same time.
And, of course, Sen. Feingold was asked — a couple of times — whether or not he was running for President in 2008. Naturally, he played it coy — After all, we still have just under two years before the Iowa caucus. But, for what it’s worth, I was impressed by him — He’s not a first-class emoter like Edwards or Clinton, of course. Instead, he comes across as a highly intelligent, capable, and nuanced thinker, a la Bradley, Kerry, or Gore on his better days. But unlike those three, he also seemed much more comfortable in his own skin, more naturally himself at the podium, and — most importantly — more content to play the maverick if his lefty principles dictate thus. (Although, as I said, I’d like to see him tone down the lawyer-ese and rev up more Wellstone-ish fire if he does make a White House run.) I suppose there’s a small, bordering-on-infinitesimal chance that Rodham Clinton, Biden, Warner, or someone else might drop all the “New Democrat” protective camouflage this time around and begin loudly and undefensively proclaiming progressive principles to the Heavens. But, until that unlikely event, my candidate in the 2008 Democratic primary is Senator Russ Feingold of Wisconsin. (Update: 1776 link via Medley.)
Dubya Justice / The Way of Payne.
“The voting section is always subject to political pressure and tension. But I never thought it would come to this…I was there in the Reagan years, and this is worse.” With the help of former career officials who’ve resigned in disgust, the Post delves deeper into the partisan corruption of the Justice Department’s Civil Rights Division on Dubya’s watch. “The Bush administration has…initiated relatively few cases under Section 2, the main anti-discrimination provision of the Voting Rights Act, filing seven lawsuits over the past five years — including the department’s first reverse-discrimination complaint on behalf of white voters…By comparison, department records show, 14 Section 2 lawsuits were filed during the last two years of Bill Clinton’s presidency alone.“
And, in related news, Salon‘s Will Evans uncovers a crooked Dubya-appointed federal judge, James Payne of the 10th Court of Appeals. Apparently Judge Payne “issued more than 100 orders in at least 18 cases that involved corporations in which he owned stock,” which, obviously, is illegal. “‘There’s no wriggle room here,’ says professor Stephen Gillers, a scholar of legal ethics at the New York University School of Law. ‘It’s not just an ethics rule, it’s a congressional statute — a law.’” Little wonder the administration is running scared from pics of Casino Jack — they’ve already got the stink of Abramoff-style cronyism and corruption all over them.
Discriminatory Intent.
“At the same time, prosecutions for the kinds of racial and gender discrimination crimes traditionally handled by the division have declined 40 percent over the past five years, according to department statistics. Dozens of lawyers find themselves handling appeals of deportation orders and other immigration matters instead of civil rights cases.” The Post traces the demise and demoralization of the Justice Department’s Civil Rights Division under Attorneys General Ashcroft and Gonzales.
Dubya’s 2nd Round Draft Pick.
“I will pick a person who can do the job. But I am mindful that diversity is one of the strengths of the country.” As the Roberts nod goes to the full Senate (my thoughts on Roberts below), Dubya hints at a woman and/or minority justice for O’Connor’s seat. With these parameters in mind, Salon‘s Tim Grieve surveys the most likely choices. Among them are faces familiar — Edith Clement, Priscilla Owen, and Janice Rogers Brown, for example — and unfamiliar, such as Maureen Mahoney, the “female John Roberts.” (And, of course, there’s always Gonzales, although his star seems to have dimmed.)
Ex Parte Padilla.
Striking a blow against those terrorist conspirators who orchestrated the Fourth Amendment, a federal court headed by conservative Supreme Court contender Michael Luttig declares that US citizens can be held indefinitely without charges. ” For his part, Attorney General Alberto Gonzales, another big-time Court contender, “hailed the ruling as reaffirming ‘the president’s critical authority to detain enemy combatants who take up arms on behalf of al Qaeda.’ Oh, yes, they will destroy this village in order to save it.
Goring Alberto.
“As lawyer for the governor in the Texas Statehouse from 1994 to 1997, Gonzales was responsible for advising Bush about whether he should delay the death sentences of capital murderers…As my colleague Phillip Carter has written, Gonzales’ work on this life-or-death task ‘would have barely earned a passing grade in law school.'” Slate‘s Emily Bazelon argues that rabid right-wingers are correct on one account: Alberto Gonzales would make a lousy Supreme Court justice.
S9 > G8.
As Dubya heads off to G8 (although not before pushing back on Gonzales), Washington DC continues to gird for the Supreme Court fight ahead, with Senators of both parties airing their respective views on questioning candidates, the Post previewing the fall 2005 Supreme slate, and everyone else trying to guess Dubya’s probable pick. Of course, even a hardline conservative may not decide as Dubya intended…although that’ll be small consolation for the Dems should one get through.
Endgame?
Here’s an independence day nightmare: “With the Supreme Court vacancy left by the retirement of Justice Sandra Day O’Connor, the conservative movement has within its grasp the prize it has sought for more than 40 years: the control of all levers of the federal government.“
Yes, the right-wing fundies’ time is now, which is why they are already trying to spike Alberto Gonzales as too moderate and imploring Dubya to pick the “right” kind of conservative. Meanwhile, as the two parties gear for battle (despite talk to the contrary) and Dems reconsider the filibuster, Senate Judiciary Chair Arlen Specter contemplates his own legacy, which, if past behavior is any indication, likely means rolling over on command.