“Unlike so many of the hacks placed in charge of important government agencies during the past six years, Hayden possesses powerful qualifications for the job…By the admittedly dismal standards of the Bush administration, then, Hayden is an unusually good appointment.” As former NSA head and probable CIA director-to-be Michael Hayden navigates the confirmation process (leaving all his Snoopgate-related answers for the secret session), he procures an endorsement from an unlikely source: Salon‘s Joe Conason: “[D]espite his military uniform, Hayden is likely to be more independent of the Pentagon and the White House than Goss was. It will help that, unlike Goss, he actually knows what he’s doing.” Hmmm. Update: Hayden is through committee on a 12-3 vote. (Feingold, for his part, voted no: “Our country needs a CIA Director who is committed to fighting terrorism aggressively without breaking the law or infringing on the rights of Americans.”
Tag: Civil Liberties
Chinese Phone Tag.
Even more Snoopgate fallout: As last week’s bombshell story in USA Today makes the covers of the major newsweekies, two ABC reporters say their calls to sources are being monitored. “A senior federal law enforcement official tells ABC News the government is tracking the phone numbers we call in an effort to root out confidential sources. ‘It’s time for you to get some new cell phones, quick,’ the source told us in an in-person conversation.”
Alarm Call.
“In defending the previously disclosed program, Bush insisted that the NSA was focused exclusively on international calls. ‘In other words,’ Bush explained, ‘one end of the communication must be outside the United States.’ As a result, domestic call records — those of calls that originate and terminate within U.S. borders — were believed to be private. Sources, however, say that is not the case.” USA Today unleashes a firestorm in Washington today after the paper uncovers a NSA plan to “create a database of every call ever made.” (Q&A) “With access to records of billions of domestic calls, the NSA has gained a secret window into the communications habits of millions of Americans. Customers’ names, street addresses and other personal information are not being handed over as part of NSA’s domestic program, the sources said. But the phone numbers the NSA collects can easily be cross-checked with other databases to obtain that information.“
Dubya’s response? As expected, we’re only going after the bad people. Nevertheless, Dems and even moderate Republicans in Congress are livid over these new revelations, to the point of possibly spiking the Hayden bid for CIA chief. For his part, Senate Judiciary Committee chair Arlen Specter says he’ll chair hearings on the matter, but, really, what else is new? For all his tough talk in the past, so far he’s remained a paper tiger when it comes to curbing Dubya’s imperial pretensions. Still, one would think this stunning leak might breathe new life into Sen. Feingold’s censure resolution, as well as strong congressional legislation that might finally help to redress this administration’s startling contempt for civil liberties. After all abuse and torture, secret and/or illegal gulags, indefinite detentions without cause or charges, extraordinary rendition, and warrantless wiretaps are all one thing…but now you’re hitting most Americans where they live. Update: Or not — A new poll shows Americans surprisingly sanguine about NSA data-mining. Update 2: Or are they?
Goodbye Gulag?
“The most important aspect of the president’s comment isn’t just that he acknowledged, at least tacitly, that Gitmo is a disaster and must be closed; or even that he acknowledged that detainees have a basic right to some adjudicatory process. These two concessions are momentous, but they pale next to his admission that he is in any way bound by the decision of the high court — that the court will have the last word on anything to do with the war on terror.” Slate‘s Dahlia Lithwick dissects some surprising recent comments by Dubya on Guantanamo Bay, and ponders the future of the Gitmo Gulag. “[Recent] silent mass releases do suggest that Donald Rumsfeld’s famous 2002 claim, that the then-760 prisoners at Guantanamo were ‘the worst of the worst,’ was something of an overstatement. They were probably closer to ‘the best of the worst,’ or as I’ve suggested, ‘the least lucky of the middling.’ The actual worst of the worst have been relegated to a whole other secret prison system that actually makes Guantanamo look rather attractive.”
Hiding in Plain Right.
“Many of us are disturbed by the calls for investigations or even impeachment as the defining vision for our party for what we would do if we get back into office.” Concerned about the desire for possible investigations of Dubya (as well as calls for withdrawal from Iraq) among the party’s grassroots and left-wing, the Democratic hawks of the DLC make a case for running on national security issues. I dunno..at first glance, it sounds like the same-old stale brand of warmed-over protective camouflage that the DLC’s been pushing on us for years…first you’d have to convince me that calling Dubya out for his multiple civil liberties violations and breaches of the public trust, as well as putting the brakes on our badly mismanaged foray into Iraq, aren’t national security issues.
Jose, can you see?
“‘Even if the Court were to rule in Padilla’s favor,’ Kennedy went on, ‘his present custody status would be unaffected. Padilla is scheduled to be tried on criminal charges. Any consideration of what rights he might be able to assert if he were returned to military custody would be hypothetical, and to no effect, at this stage of the proceedings.” By a margin of 6-3 (Ginsburg, Breyer, and Souter dissenting), the Supreme Court punts on Padilla, on the grounds that Padilla’s dilemma has been rendered “hypothetical” now that he’s been transferrred into the normal justice system.
Justice Ginsburg disagrees: “This case…raises a question of profound importance to the Nation. Does the President have authority to imprison indefinitely a United States citizen arrested on United States soil distant from a zone of combat, based on an Executive declaration that the citizen was, at the time of his arrest, an ‘enemy combatant’? It is a question the Court heard, and should have decided, two years ago. Nothing the Government has yet done purports to retract the assertion of Executive power Padilla protests.“
Topic of Cancer.
“‘We know the president broke the law,’ Leahy said. ‘Now we need to know why.'” With the Dems — except for Feingold and Leahy — AWOL yet again, the Senate Judiciary Committee debates Feingold’s censure resolution and hears testimony from former Nixon counsel John Dean, who is back before Congress for the first time since Watergate. Said Feingold at one point: “If you want the words ‘bad faith’ in [the censure resolution], let’s put them right in, because that’s exactly what we have here…The lawbreaking is shocking in itself, but the defiant way that the president has persisted in defending his actions with specious legal arguments and misleading statements is part of what led me to conclude that censure is a necessary step.” Said the rest of the committee Dems (Kennedy, Biden, Kohl, Feinstein, Schumer, Durbin): Nothing.
Hearing Hamdan.
“The president’s consistent refusal to try the Guantanamo detainees before criminal courts or courts-martial leads a reasonable observer to conclude that the government’s case would fail if it were subjected to scrutiny by an impartial adjudicator. And if that is the only justification for military tribunals, it must be rejected. No one denies that the war on terror presents new challenges to the rule of law. But prosecuting someone with a crime that does not exist, before a commission that does not have rules, simply does not constitute justice under any set of circumstances.” Slate files several dispatches on the important case of Hamdan v. Rumsfeld, which the Supreme Court (without Chief Justice Roberts, who has recused himself…as should probably Scalia) will hear today. Emily Bazelon finds that GOP Senators Kyl and Graham seem to have tried to deceive the Court about the legislative history of their Detainee Treatment Act, while Ariel Lavinbuk suggests a compromise solution: the Supreme Court could “find that ‘conspiracy’ — the only charge against Hamdan — does not violate the law of war.“
Update: The Court hears the case, and it seems a majority — Scalia and Alito notwithstanding — are not amused with the Dubya administration: “Without Chief Justice John Roberts…the argument seemed lopsided against the government.” Still, as was expected to be the norm on the Roberts Court,”the outcome of the case will likely turn on moderate Justice Anthony M. Kennedy.”
The “Black Room.”
“Placards posted by soldiers at the detention area advised, ‘NO BLOOD, NO FOUL.’ The slogan, as one Defense Department official explained, reflected an adage adopted by Task Force 6-26: ‘If you don’t make them bleed, they can’t prosecute for it.'” In related news, the NY Times exposes more allegations of shameful and disturbing Abu Ghraib-like detainee abuse conducted by “a shadowy military unit known as Task Force 6-26.” “Task Force 6-26 was a creation of the Pentagon’s post-Sept. 11 campaign against terrorism, and it quickly became the model for how the military would gain intelligence and battle insurgents in the future…Military and legal experts say the full breadth of abuses committed by Task Force 6-26 may never be known because of the secrecy surrounding the unit.”
Would it help to confuse them if we run away more?
“‘I haven’t read it,’ demurred Barack Obama (Ill.). ‘I just don’t have enough information,’ protested Ben Nelson (Neb.).” As Senator Tom Harkin signs on as a co-sponsor of Russ Feingold’s censure resolution — which, word has it, is also now backed by John Kerry, Barbara Boxer, and Robert Menendez — the Post‘s Dana Milbank watches the rest of our party head for the hills. “Hillary Rodham Clinton (N.Y.) brushed past the press pack, shaking her head and waving her hand over her shoulder. When an errant food cart blocked her entrance to the meeting room, she tried to hide from reporters behind the 4-foot-11 Barbara Mikulski (Md.). ‘Ask her after lunch’ offered Clinton’s spokesman, Philippe Reines. But Clinton, with most of her colleagues, fled the lunch out a back door as if escaping a fire.”