Tag: FISA

Stating — and Rejecting — the Obvious.

“‘As he’s said many times before, Senator Obama honors and respects Senator McCain’s service, and of course he rejects yesterday’s statement by General Clark,’ Obama spokesman Bill Burton said in a statement.” So…I guess Wes Clark won’t be the veep. For some ill-defined reason, the Obama campaign sees fit to throw the general under the bus because Clark, a guy I run hot and cold on, simply stated the obvious. Getting shot down over Vietnam, however ostensibly character-building, in no way constitutes executive experience: “I certainly honor his service as a prisoner of war. He was a hero to me and to hundreds of thousands and millions of others in the armed forces as a prisoner of war. And he has traveled all over the world. But he hasn’t held executive responsibility…I don’t think riding in a fighter plane and getting shot down is a qualification to be president.”

Said Obama in Independence today: “McCain had ‘endured physical torment in service to our country’ and ‘no one should ever devalue that service, especially for the sake of a political campaign, and that goes for supporters on both sides.’” Fair enough, but that wasn’t at all what Clark was doing. McCain’s basically getting away with the same sort of resume inflation as Sen. Clinton did in the primaries, and Clark — a five-star general who knows what he’s talking about — called him on it.

One could argue that there’s a method to this move by the Obama campaign, but even that theory suggests a certain ugly political opportunism at work. (One could also argue karma had some part to play in all this, since Clark earlier jumped all over Samantha Powers’ gaffe during the primaries.) Nonetheless, between this, the Senator’s switchback on telecom immunity (which I discussed in the comments here), and various other recent triangulations, the Obama campaign has had a pretty lousy week. I don’t know if it’s the recent influx of “veteran” hands, an attempt to beat back the National Journal liberal label, or just an early-summer malaise, but that sickly-sweet smell of Old-School Dem Politics is lingering in the air. Get it together, y’all. I know the polls look good, but this defensive-minded playing-not-to-lose is assuredly not the way to go.

Update: “I’ve said this for some weeks now, they’ve been repeated many times.” Clark sticks to his guns, and Webb has his back. Meanwhile, Salon‘s Glenn Greenwald makes the case against Obama’s last two weeks: “There is no question, at least to me, that having Obama beat McCain is vitally important…[but] his election is less likely, not more likely, the more homage he pays to these these tired, status-quo-perpetuating Beltway pieties.“

Update II: Obama clarifies on Clark: “I don’t think that General Clark you know had the same intent as the swift boat ads that we saw four years ago, I reject that analogy…I think in at least one publication was reported that my comments yesterday about Senator McCain were in a response to General Clark. I think my staff will confirm that that was in a draft of that speech that I had written two months ago.”

Update III: Fred Kaplan has a theory about Clark v. McCain: Grunts are from Mars, Flyboys are from Venus.

To live inside the law, you must be honest.

“In the lower courts, according to a study Professor Long published in the Washington & Lee Law Review last year, Mr. Dylan is by far the most cited songwriter. He has been quoted in 26 opinions. Paul Simon is next, with 8 (12 if you count those attributed to Simon & Garfunkel). Bruce Springsteen has 5.“

With great lawyers, you have discussed lepers and crooks: By way of Ted at the Late Adopter, the NYT examines Chief Justice Roberts’ use of Dylan in court opinions. “Mr. Dylan has only once before been cited as an authority on Article III standing, which concerns who can bring a lawsuit in federal court…The larger objection is that the citation is not true to the original point Mr. Dylan was making, which was about the freedom that having nothing conveys and not about who may sue a phone company.”

…and Dubya’s FISA double down.

Meanwhile, in another recent reversal — one likely precipitated by both the Hamdan case and pending lawsuits by the ACLU and others — the Dubya White House agrees to a deal put forth by Arlen “paper tiger” Specter that would put the NSA warrantless wiretaps to a constitutional review by the FISA court. But the trick, as many Dems have pointed out, is under this deal the FISA court would only do a general review of the wiretap program, rather than conduct the individual case-by-case reviews that the law has always demanded: “Sen. Russell Feingold (D-Wis.) criticized the agreement, saying he will oppose ‘any bill that would grant blanket approval for warrantless surveillance of Americans, particularly when this administration has never explained why it believes that current law allowing surveillance of terrorist suspects is inadequate.’“

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.’“

FISA fights back.

The secret court overseeing the Foreign Intelligence Surveillance Act (FISA) rebuff Ashcroft’s plea for increased wiretap powers, and declares the FBI has misled the court over 75 times. Never thought I’d be on the side of a secret court, but there you go. It must be getting really ugly over at Justice if somebody’s leaking this bad boy.