“In all the years I have been on the bench, I have never seen such an egregious violation of a court’s rule on witnesses.” In keeping with this administration’s penchant for cutting corners on civil liberties (and playing right into the hands of America’s critics), the trial of Al Qaeda operative Zacarias Moussaoui, the so-called “20th hijacker,” appears on the verge of mistrial after it comes out that government lawyer Carla Martin blatantly coached witnesses. Said Judge Leonie Brinkema: “This is the second significant error by the government affecting the constitutional rights of this defendant and, more importantly, the integrity of the criminal justice system in this country.” Update: Slate‘s Dahlia Lithwick tries to explain the strange “medical malpractice” reasoning at work in this death penalty case.
Tag: Civil Liberties
Rubber Stamp Roberts.
“Far from ‘reasserting responsibility and oversight,’ Congress is putting itself out of business. Sen. Jay Rockefeller, D-W.Va., suggested that, after this week, the intelligence committee will sink ‘further into irrelevancy.’ The Times went a step further today and declared the committee dead.” Century Foundation fellow Patrick Radden Keefe takes issue with the Pat Roberts “compromise” over the NSA’s warrantless wiretaps.
Night (and Day) Watch.
“I am only a chicken farmer in Pakistan.” With the recent release of detainee names, the NYT looks more closely at exactly who’s being held at Guantanamo Bay, including several folks, it seems, who were guilty of the heinous crime of wearing the wrong timepiece, a “Casio model F-91W watch. According to evidentiary summaries in those cases, such watches have ‘been used in bombings linked to Al Qaeda.’“
Not exactly the comfy chair.
“‘These allegations…describe disgusting treatment, that if proven, is treatment that is cruel, profoundly disturbing and violative of’ U.S. and foreign treaties banning torture, [U.S. District Judge Gladys] Kessler told the government’s lawyers.” So what happened to “we don’t torture?” Lawyers for the administration fight allegations of abuse at Gitmo (involving force-feeding and a restraint chair) — not by saying it didn’t happen — but by arguing instead that the recent McCain bill doesn’t apply there. “‘Unfortunately, I think the government’s right; it’s a correct reading of the law,’ said Tom Malinowski, Washington advocacy director for Human Rights Watch. ‘The law says you can’t torture detainees at Guantanamo, but it also says you can’t enforce that law in the courts.'”
Freedom of…D’oh!
Here’s a depressing civics poll: While one in five Americans (22%, doesn’t that seem low?) could name the five members of the Simpsons family (Homer, Marge, Bart, Lisa, Maggie…but you knew that), only 1 in 1000 could name the five rights protected in the First Amendment (religion, speech, press, assembly, petition), and only a measly 8% could name even three of them. I got all five in both, but, then again, in the inimitable words of Marge Simpson: “Don’t make fun of grad students, Bart. They just made a poor life decision.“
But wait, it gets worse.
“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.
Surrender, Democrats.
“‘The die has now been cast,’ acknowledged the law’s chief opponent, Sen. Russell Feingold, D-Wis….’Obviously at this point, final passage of the reauthorization bill is now assured.‘” As expected, most Senate Dems — no doubt aiming to protect their national security flank in the upcoming elections — join in voting 84-15 to end another Feingold filibuster, thus sending the barely-revised Patriot Act along for likely passage. “‘No one has the right to turn this body into a rubber stamp,’ said Feingold, the leading opponent of the law in Congress. ‘The White House played hardball and the decision was made by some to capitulate.‘” Good God, our party is pathetic at times. Update: The Senate passes the Patriot Act, 89-10.
McClellan: Hunt the Whistleblowers.
Arlen Specter, who has clearly given up on his oversight and impeachment talk of a few short weeks ago, tries at least to bring future NSA wiretap inquiries before the FISA court. Meanwhile, the White House nixes a call by 18 House Dems to appoint an independent counsel to delve into the NSA matter, opting instead for more of their patented Shoot-the-Messenger defense: “‘I think that where these Democrats who are calling for this ought to spend their time is on what was the source of the unauthorized disclosure of this vital, incredible program in the war on terrorism,’ White House spokesman Scott McClellan said. ‘I really don’t think there is any basis for a special counsel. … But the fact that this information was disclosed about the existence of this program has given the enemy some of our playbook.’“
Full-Court Press.
The WP surveys the recent White House campaign to prevent Senate oversight into the NSA wiretaps. “Hagel and Snowe declined interview requests after the meeting, but sources close to them say they bridle at suggestions that they buckled under administration heat.” Well, then, Senators, what do you want to call it?
Will to Power.
“[T]errorism is not the only new danger of this era. Another is the administration’s argument that because the president is commander in chief, he is the ‘sole organ for the nation in foreign affairs.'” From the Right, George Will makes the conservative case against Dubya’s “monarchical” pretensions regarding the NSA wiretaps. (Via Cliopatria.)