Want to Remain Silent? Speak Up!

“‘A suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to the police,’ Justice Kennedy wrote.‘” Breaking 5-4 along the usual lines — Roberts, Alito, Thomas, Scalia, and Kennedy in the majority — the Supreme Court determines Miranda rights must now be specifically invoked. “Justice Sonia Sotomayor, in her first major dissent, said the decision ‘turns Miranda upside down’ and ‘bodes poorly for the fundamental principles that Miranda protects.’“

One important note: “The majority ruling is in line with the position taken by the Obama administration and Supreme Court nominee U.S. Solicitor General Elena Kagan. In December, she filed a brief on the side of Michigan prosecutors and argued that ‘the government need not prove that a suspect expressly waived his rights.’” And, given that this administration is currently working to rewrite Miranda to stop the terr’ists, I guess we shouldn’t be too surprised.

The New “Black Hole”: Bagram.

“The bottom line is this: Current procedures under the CSRT are such that a perfectly innocent individual could be held and could not rebut the Government’s case and has no way of proving his innocence. I would like somebody in this Chamber, somebody in this Government, to tell me why this is necessary.” Me too, Senator Obama, me too.

In a decisive break with his campaign stances and the best indicator yet that this administration is now happily perpetuating deeply troubling Bush-era policies, the President wins the right to hold detainees indefinitely in Bagram — the difference from the Boumediene decision on Gitmo being that Bagram is a “war zone.” (And Ben Franklin’s admonition aside, that’s an excuse you hear quite a bit these days.)

FWIW, Politico’s Josh Gerstein — while bending over backwards, as per the Village norm, not to call torture “torture” — suggests civil liberties concerns are overblown here, but check out his reasoning: “The Obama administration…has, so far, resisted seeking a full-scale preventive detention law that would apply to future captives. Instead, it has pleaded with civil liberties and human rights groups not to oppose some legal mechanism to allow the continued detention of Al Qaeda captives, at least some of whom may be untriable because of aggressive interrogations many view as torture.“

Oh, please. We have to hold them forever because we tortured them? How utterly and completely effed up is that? As Stephen Colbert well put it: “It’s essentially the same stance taken by George Bush. With one important difference: Obama makes the kids like it.”

The Failure at the Crack.

Another very busy week at work, and haven’t had time to do a real update. But, in the meantime, via @Normative and since today is Tolkien Reading Day (i.e. the day Isildur’s Bane was destroyed and Sauron fell), here’s a great editorial cartoon on the dangers of the ring on the executive power front. (I presume that’s meant to be Russ Feingold in the Elrond role.) The Hearts of Men are easily corrupted, and the Ring of Power has a will of its own…

It’s Not Easy Being Green.

On this St. Patrick’s Day, what better recent release to discuss here at GitM than Paul Greengrass’ Green Zone? Not only do we have two shades of emerald in that last sentence, but we’re now on the cusp of the 7th anniversary of the beginning of the War in Iraq. (It broke out, I well remember, just as I was heading to a March Madness weekend in Vegas.) Alas, I just wish I had a better sitrep to report.

I don’t mean to be too harsh — There’s nothing terribly wrong with this edutainment-y attempt to explain de-Baathification, highly dubious detainee procedures, and most notably the faked WMD casus belli to disinterested laypersons by way of action-thriller. And, in a way, I sorta admire the gutsiness of the the attempt. But, if you were already well aware of these grim developments, and I assume most GitM readers are, then it’s hard to escape the sensation that one is mainly just being talked down to for two hours. Wait, there were no WMD in Iraq? You’re kidding me, right? And, while I’m a great fan of Greengrass’ previous output — I said over and over again in this space that I wish he had stuck with Watchmen, and on the Top 100 films of last decade list, Bloody Sunday was #84, his two Bournes were at #49, and the exemplary United 93 was at #6 — The Green Zone feels quite a bit more leaden than usual.

As with the political edutainment project Greengrass aspired to here, I like the idea of fusing his highly visceral action work (the Bournes) with his fly-on-the-wall discursions into recent history (Sunday, ’93)…on paper. But The Green Zone gets lost somewhere in the interstice, and lacks the gripping power of either of these previous Greengrass grooves. Instead, Zone ends up mostly being two grainy hours of watching Matt Damon run around at night, as he tries to uncover an insidious government plot that our nation has been fully aware of for years…and has chosen to greet with a yawn.

More on that depressing problem in a bit, but, first, to bring y’all up to speed: Loosely based on Rajiv Chandrasekaran’s Imperial Life in the Emerald City, a non-fiction examination of Dubyaite imbecility and excess in post-war Baghdad, Green Zone begins with a brief sequence set amid the original Shock-and-Awe period of the war, followed by, a few weeks later, a tense raid on a possible WMD storehouse by American soldiers. Led by Chief Warrant Officer Roy Miller (Damon), this crack MW2-ish assault ends up finding, well, bupkis, just like the time before and the time before that.

To Chief Miller, the problem here is obvious — the intel must be rotten. But, when he brings this up at the next briefing for high-level military muckety-mucks, he is basically told to shut up and do his job. Nonetheless, events soon conspire to introduce Miller to the “Jack of Clubs” in the Dubya deck, a Baathist general (Yigal Naor) with a still-clearly extant power base in Baghdad. And, when our hero digs deeper to figure out how this Jack might know “Magellan,” the top-secret source of all this lousy intel, he soon finds himself trapped — along with a very Judith Miller-y reporter (Amy Ryan) — in a power play between a slimy executive branch bureaucrat (Greg Kinnear, stuck no more) and a grizzled CIA hand (Brendan Gleeson), one that might just end up getting Miller fragged by the creepy Special Forces guy (Jason Isaacs, with great accent) who keeps popping up…

Along the way, there’s a digression into a detainee facility with all the makings of an Abu Ghraib waiting to happen, the tearful homecoming of the administration’s hand-picked Iraqi stooge (re: Ahmed Chalabi), some rather pained attempts to make the decision to de-Baathify an action beat…In other words, Green Zone is basically an attempt to dramatize the Iraq war for people who, for whatever reason, weren’t paying much attention the first time ’round. And, to be fair, it’s done with solid acting all around (including several folks recognizable from United 93), quality production values, and a reasonable degree of versimilitude throughout. (Note also the brief Paul Rieckhoff cameo, which should nip any IAVA whining about dramatic license right in the bud.)

But, for all its edutainmenty truths to tell, Green Zone still ends up feeling rather fake and film-ish to me, perhaps in part because — unlike Greengrass’ other recent histories — it seems to subscribe to a very movie-like All the President’s Men view of things, where, once word of misdeed gets out, justice will be done tho’ the heavens fall. Not to get all Debbie Downer up in here, but that’s not really the way the world works anymore, is it? One of the saddest and scariest moments in the recent and very worthwhile Daniel Ellsberg: The Most Dangerous Man in America is when Ellsberg explains how he thought everything would change once the Pentagon Papers got out…and then he finds that, in the face of clear and irrefutable evidence of government wrongdoing, most people just shrugged.

This is the uncomfortable horror that Green Zone almost seems willfully designed not to recognize. The whole premise of the movie seems to be that, if We the People knew what really went down in Iraq (or could just be taught via action-movie), we would be totally livid about the corruption involved. But, is the problem really that the American people don’t know what happened in the build-up to Iraq? Or is it that we know pretty well what happened and don’t much seem to care?

Just as with our indefensible dabbling in torture and indefinite detention in recent years, we have known about the lies and incompetence that fueled the Iraq fiasco for awhile now. And, alas, nothing ever happened. Dick Cheney, Karl Rove, and the whole awful, lying lot are still deemed Serious People with Serious Opinions by the nation’s domesticated media watchdogs, who, by the way, have also been studiously ignoring the Blair hearings overseas. Our current president, elected with the largest mandate for change in a generation, has deemed all of this just the sins of the past and refused to “look backward” (or worse, made himself complicit in these Dubya-era crimes.) And life continues, much as it has this past age, with no sense of reckoning whatsoever for the Big Lies that were told.

One of the main reasons Bloody Sunday and United 93 work so well is that they offer complex, nuanced portraits of complicated times. But, as Green Zone moves along, it just ended up feeling more and more like a cartoon to me, and one predicated mainly on wishful thinking. Like I said, I guess I admire what Paul Greengrass & co. were trying do here, but Green Zone as an action film feels flat and mostly uninvolving. And Green Zone as a political enterprise — Iraq War: The Movie!, basically — often seems at best condescending and at worst dangerously naive.

Found on a Drowned Man.

“Interrogators were instructed to start pouring water right after a detainee exhaled, to ensure he inhaled water, not air, in his next breath. They could use their hands to “dam the runoff” and prevent water from spilling out of a detainee’s mouth…[T]o keep detainees alive even if they inhaled their own vomit during a session – a not-uncommon side effect of waterboarding – the prisoners were kept on a liquid diet. The agency recommended Ensure Plus.“

But it’s not torture or anything: Recently-released CIA documents explain exactly how we went about waterboarding suspects during the Dubya era. “‘It does not simulate drowning, as the lungs are actually filling with water,’ Nance wrote in the New York Daily News. There is no way to simulate that. The victim is drowning.“

Update: Oh, by the way, Karl Rove is “proud” of these despicable acts.

Like Ma Bell, We Got the Ill Communication.

“The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.”

The WP’s John Solomon and Carrie Johnson report on widespread phone record abuse at the FBI. What’s particularly galling here, if I’m reading this right, is that the law they were breaking seems to be a loophole-ridden statute in the Patriot Act included mainly as a fig leaf, but even that weak tea was too much for them to abide by. For shame.

The Myth of 11-Dimensional Chess.

“Obama supporters are eager to depict the White House as nothing more than a helpless victim in all of this — the President so deeply wanted a more progressive bill but was sadly thwarted in his noble efforts by those inhumane, corrupt Congressional ‘centrists.’ Right. The evidence was overwhelming from the start that the White House was not only indifferent, but opposed, to the provisions most important to progressives. The administration is getting the bill which they, more or less, wanted from the start — the one that is a huge boon to the health insurance and pharmaceutical industry.“

A day after Senate Democrats kill Byron Dorgan’s non-importation amendment in order to preserve the administration’s back-door deal with Big Pharma, the indispensable Glenn Greenwald takes the Obama administration to task for the final Senate product on health care, which, suffice to say, is looking pretty far afield from the House bill. (And all the while, the bought and paid for Joe Lieberman grins like the Cheshire Cat.)

I was going to wait until year-in-review post week to put this up, but now’s as good a time as any: From civil liberties to this Senate health care fiasco, it’s hard to think of any arena where this administration’s first year hasn’t been a tremendous disappointment. (Regarding the former: I didn’t mention this here earlier, but the brazen audacity of this passage from the president’s war-is-peace Nobel Prize speech made me blanch: “We lose ourselves when we compromise the very ideals that we fight to defend. And we honor — we honor those ideals by upholding them not when it’s easy, but when it is hard.” Uh, your Justice Department is not upholding them, remember? Is the president even aware of his own civil liberties record?)

Anyway, I keep being reminded of this line from my Obama endorsement of January 2008: “There’s a possibility — maybe even a strong possibility — that he’ll end up a Tommy Carcetti-like president: a well-meaning reformer outmatched and buffeted to and fro by the entrenched forces arrayed against him.” Well, welcome to the Carcetti presidency, y’all. The only surprise so far for many of us is in how little he’s actually even tried to enact meaningful reforms. But I guess once the president surrounded himself with the exact same GOP-lite people we’d spent months trying to defeat in the Democratic primary, the writing should have been on the wall. This will not be change we can believe in. A New Day is not dawning. And the president is not really with us — We’re going to have to do the heavy lifting for reform next year without him.

Dubya By Any Other Name.

“Obama needed to regain control quickly, and he started by jettisoning liberal positions he had been prepared to accept — and had even okayed — just weeks earlier.” TIME’s Massimo Calabresi and Michael Weisskopf examine the recent ousting of Greg Craig, a slow death by leaking, as a telling indicator of how the Obama administration has fallen so far astray on civil liberties. “[Obama] quietly shifted responsibility for the legal framework for counterterrorism from Craig to political advisers overseen by [Rahm] Emanuel, who was more inclined to strike a balance between left and right.” Uh, what? As Nick Baumann points out in Mother Jones, what business do the politicos have in overseeing legal matters? That’s rather Rovian, isn’t it?

On target as usual, Salon‘s Glenn Greenwald puts this Craig story and the KSM trial into broader perspective: “As even Time now recognizes, many of the policies once widely declared by Democrats to be a grave threat to the Constitution are now explicitly adopted by the Obama administration. And it’s flatly inconsistent to invoke ‘the rule of law’ to defend Obama’s decision to give trials to a few Guantanamo detainees without pointing out that he’s violating that very same precept by denying trials to so many.” (Pic via the MJ article linked above.)

A Republic Needs No Subjects.

“The Obama administration has clung for so long to the Bush administration’s expansive claims of national security and executive power that it is in danger of turning President George W. Bush’s cover-up of abuses committed in the name of fighting terrorism into President Barack Obama’s cover-up.” In an editorial applauded by Salon‘s Glenn Greenwald, the NYT calls out the Obama administration for their appalling and Dubyaesque record on civil liberties.

As Greenwald well notes: “All of this vividly underscores a vital point. There is simply no way that a person with even the most minimal levels of intellectual integrity could have objected to these actions during the Bush years yet defend them now that Obama is doing them, or even refrain from objecting just as loudly.“

See also Sen. Feingold’s recent and angry post on dKos this month (coupled with this statement on the Senate Judiciary committee) on the hamstringing of his attempts to revise the Patriot Act. Far too many ostensible civil libertarians in the Democratic Party have been rolling over for this administration since January — The time for giving the benefit of the doubt has passed. On this — and other crucial issues before us — it’s time to put this admin’s feet to the fire and hold the president to his word.

Prevent Defense.

“‘We must recognize that these detention policies cannot be unbounded,’ he said at the time. ‘They can’t be based simply on what I or the executive branch decide alone.’” The Obama administration backs away from the new preventive detention law they’ve been floating in recent months. This is a clear victory for civil liberties advocates, but, as The Prospect‘s Adam Serwer makes plain, only a partial one: “‘It may be one of the better results we could hope for, but in reality indefinite detention continues,’ said Michael W. Macleod-Ball, Chief Legislative and Policy Council for the ACLU’s Washington Legislative Office. ‘That’s antithetical to the American justice system.‘”

Indeed, the administration’s fallback position is one long held by Dubya — that the authority for preventive detention already exists in the post-Sept. 11 blank check written by Congress. That’s not change we can believe in. See also Glenn Greenwald today on this and recent developments on the state secrets front: “[T]he Obama administration has proven rather conclusively that tiny and cosmetic adjustments are the most it is willing to do. They love announcing new policies that cast the appearance of change but which have no effect whatsoever on presidential powers.“

In the NY Review of Books, meanwhile, Garry Wills takes the long view of all this: “[T]he momentum of accumulating powers in the executive is not easily reversed, checked, or even slowed. It was not created by the Bush administration. The whole history of America since World War II caused an inertial transfer of power toward the executive branch…Sixty-eight straight years of war emergency powers (1941-2009) have made the abnormal normal, and constitutional diminishment the settled order.“

Wills concludes his essay on a worthy, if fatalistic, grace note that holds for a lot of ideals in this troubled age: “Nonetheless, some of us entertain a fondness for the quaint old Constitution. It may be too late to return to its ideals, but the effort should be made. As Cyrano said, ‘One doesn’t fight in the hope of winning’ (Mais on ne se bat pas dans l’espoir du succes).”