Obama Ghraib.

“‘There can be no conceivable justification for requiring a soldier to surrender all his clothing, remain naked in his cell for seven hours, and then stand at attention the subsequent morning,’ he wrote. ‘This treatment is even more degrading considering that Pfc. Manning is being monitored — both by direct observation and by video — at all times.‘”

Sometimes I don’t post here because I’m really busy. Sometimes I don’t post here because the news is too damned depressing: The United States takes another big step towards Miniluv by applying Dubya-era torture and intimidation techniques to an American citizen in custody for leaking, Bradley Manning. (Y’see, it’s a four lights = five lights kinda thing. Manning has to break — and then, like Zubadayah and KSM, voice untruths — for there to be any sort of possible criminal conspiracy case against Wikileaks.)

What is there to say, really? State Department spokesman P.J. Crowley already correctly stated that this abusive treatment of Manning was “ridiculous, counterproductive, and stupid,” and, within days, he was fired for stating the obvious.

The president, meanwhile, assures us everything is ok because the Pentagon said so: “I have actually asked the Pentagon whether or not the procedures that have been taken in terms of his confinement are appropriate and are meeting our basic standards. They assure me that they are.” This, as Glenn Greenwald (who’s been on top of this all the way) points out, is exactly the same rationale Dubya used to use: “‘When [Bush] asked ‘the most senior legal officers in the U.S. government’ to review interrogation methods, ‘they assured me they did not constitute torture.’” Well, ok then.

So let’s review. Dubya’s administration constructs an illegal and unconstitutional torture regime — Nobody goes to jail, and nothing changes. (Look forward, not backward!) The Dubya administration lies to the American people in order to prosecute a war of choice in Iraq. Nobody goes to jail, and nothing changes. Through greed and outright fraud, Wall Street traders implode the global economy to the tune of trillions of dollars, and, with the convenient exception of Bernie Madoff, nobody goes to jail, and nothing changes. (Synthetic junk, anyone?) Big banks continue their crime spree by engaging in a massive epidemic of foreclosure fraud, and nobody goes to jail (but we’ll make them promise not to do it again!)

Oh, and an Army private leaks “secret” documents (so secret they were available to millions of people) because “[h]e wanted people held accountable and wanted to see this didn’t happen again” — the very definition of whistleblowing — and now we’re treating him like Winston Smith. (Then again, our president does despise whistleblowers.)

Should Manning be in U.S. custody right now? Yes. He took an oath to the United States military and, knowing full well the consequences, broke it in an act of civil disobedience. If you can’t do the time, don’t do the crime — I get that. But should Manning be abused and tortured in U.S. custody? Of course not — Nobody should be. In fact, I thought we elected Barack Obama as president to make sure this never happened again.

Nope, sorry. Instead, President Obama fired Crowley and is owning what’s happening to Manning right now. He also just reinstated and normalized indefinite detentions at Gitmo. (Obama the constitutional scholar? Meet the Fifth and Sixth Amendments.) And when not perpetuating Dubya-era illegalities, he (and new lefty-bashing chief of staff) spend their days talking up the deficit, talking down regulation, and hoping the Chamber and the NRA take their meetings. Feel those winds of change, y’all. (Obama meme pic above via here.)

Update: “Based on 30 years of government experience, if you have to explain why a guy is standing naked in the middle of a jail cell, you have a policy in need of urgent review.” P.J. Crowley reflects on his recent firing. “I stand by what I said. The United States should set the global standard for treatment of its citizens – and then exceed it. It is what the world expects of us. It is what we should expect of ourselves.“

Palantir Pervasive.

“After the Anonymous attacks and the release of Barr’s e-mails, his partners furiously distanced themselves from Barr’s work. Palantir CEO Dr. Alex Karp wrote, ‘We do not provide — nor do we have any plans to develop — offensive cyber capabilities…’ But both of the Team Themis leads at these companies knew exactly what was being proposed…They saw Barr’s e-mails, and they used his work. His ideas on attacking WikiLeaks made it almost verbatim into a Palantir slide about ‘proactive tactics.’“

Strange powers have our enemies, and strange weaknesses! In Wired, Nate Anderson of Ars Technica fdelves into the story behind the highly troubling HBGary leaks. Among other things, these leaks have already revealed that:

Bank of America contemplated hiring private-intelligence goons — the aforementioned HBGary, the aptly-named Palantir Technologies, and third-wheel Berico Technologies — to spread anti-Wikileaks disinformation discredit Salon’s Glenn Greenwald.

The Chamber of Commerce has been using their services to conduct surveillance on and smear progressives and unions.

These organizations are manufacturing sock-puppets wholesale to create an “illusion of consensus” on behalf of their clients.

Private security firms like the aforementioned ones above are, as Marcy Wheeler puts it, deploying “intelligence techniques developed for use on terrorists [against] citizens exercising their First Amendment rights.” And

These morons actually tried to charge their clients $2000 a day for what amounts to trolling services.

As HBGary target Glenn sums it up: “What is set forth in these proposals for Bank of America quite possibly constitutes serious crimes. Manufacturing and submitting fake documents with the intent they be published likely constitutes forgery and fraud. Threatening the careers of journalists and activists in order to force them to be silent is possibly extortion…Attacking WikiLeaks’ computer infrastructure in an attempt to compromise their sources undoubtedly violates numerous cyber laws. Yet these firms had no compunction about proposing such measures…and even writing them down. What accounts for that brazen disregard of risk? In this world, law does not exist as a constraint.“

In other words, they do not fear the law because it has forsaken these lands. And, hey, when you consider that nobody has yet gone to jail for lying the American people into a trillion-dollar war, setting up an illegal, unconstitutional, and inhumane torture regime, or fraudulently abetting or even precipitating a multi-trillion-dollar economic meltdown, their brazen calculation seems like a pretty safe bet.

Enemy of the State.

“‘To the extent there are gaps in our laws,’ Holder continued, ‘we will move to close those gaps, which is not to say…that anybody at this point, because of their citizenship or their residence, is not a target or a subject of an investigation that’s ongoing.“

After another embarrassing document dump by Wikileaks — this time diplomatic cables, next time Bank of America? — Attorney General Holder threatens the prosecution of Julian Assange, an Australian citizen — most likely under the Espionage Act, the same catch-all 1917 law used to lock up Eugene Debs back in the day.

First of all, Gawker‘s John Cook has already explained why this attempted line of prosecution doesn’t work. However docile the “nation’s watchdogs” remain on any other given day, the newspapers that published these leaks would have to be considered co-conspirators in any Espionage Act-related indictment. “We think its fairly obvious that the Department of Justice won’t go after the Times or any of the other papers involved in the story. But if it doesn’t, that’s just evidence that its attempt to use the Espionage Act to go after Assange isn’t about enforcing laws: It’s about retribution, harassment, and rattling sabers.“

Secondly, if Assange wants to avoid federal prosecution, perhaps he should just…I dunno…torture somebody? Or maybe rip off the American people for trillions of dollars? Or how ’bout just spying on Americans via warrantless wiretap? Apparently, disclosing those kinds of secrets is one of those look-forward-not-backward kinda things.

Let’s get real here. There’s no threat to our troops in these leaks — Even the Pentagon admits that. (A more overlooked problem, as a friend pointed out, is what this leak might mean for human rights workers.) Wikleaks’ methods are of the blunderbuss variety, yes. (That probably speaks in their favor: They don’t seem to tailor their leaks to suit a predetermined spin. They just dump data. And, hey, somebody should be doing the media’s job.) And, sure, Assange comes off as more than a bit pretentious, but what of it? If being a jackass were a crime, our prison system in this country would be completely broken…oh wait, it already is.

In the end, as Glenn Greenwald well put it, “our government and political culture is so far toward the extreme pole of excessive, improper secrecy that that is clearly the far more significant threat.” You’d think an administration that ran on unparalleled transparency in government might feel the same way. But, sadly, like its predecessor, the only crime this administration really seems to hate is whistleblowing.

A Seed of Sanity in California.

“Our nearly century-long experiment in banning marijuana has failed as abysmally as Prohibition did, and California may now be pioneering a saner approach.” In very related news, the NYT’s Nick Kristof makes a case for Prop 19. “One advantage of our federal system is that when we have a failed policy, we can grope for improvements by experimenting at the state level. I hope California will lead the way on Tuesday by legalizing marijuana.” (Note also the example of Portugal, as studied by Glenn Greenwald.)

Illusion of Fulfillment.

“The president told Democrats that making change happen is hard and ‘if people now want to take their ball and go home, that tells me folks weren’t serious in the first place.’” As part of a continuing pattern of late, President Obama tells Rolling Stone that progressives need to stop whining about the way things are going and get happy, because, in what’s become a new talking point, “If you look at the checklist, we’ve already covered about 70 percent [of the 2008 campaign promises.]” (70%?! Uh, can I see this checklist?)

Anyway, this latest weird effusion against the base has already been well-critiqued and well-answered many times. See, for example, Glenn Greenwald and David Dayen: “I’ve never seen a politician run an election with the message ‘Don’t be stupid, quit your bitching and vote for me.’” I would only add two things:

1) As it turns out, the unhappy Dems among us are more likely to vote, so perhaps berating them for not clapping enough is not altogether productive. (Unless, of course, the WH is doing it as a Sistah Souljah bank shot to get independents, on the classic establishment premise that indies love hippie-punching.)

2) I’d love to live in a world where progressive bloggers have the power to move ginormous voting blocs, I really would. But it takes a certain type of top-down, Beltway-obsessive mentality to think that’s what’s going on here. The biggest reason voters are depressed is because the economy is, quite obviously, not doing so well at the moment, and people are feeling the pinch. And, that aside, most Obama voters don’t need blogs to tell them that this administration, on all too many fronts, hasn’t lived up to its promises.

If this White House wants to engage the base (and I really, really hope they do, for reasons personal, professional, and patriotic), then, for Pete’s sake, don’t browbeat and lecture the Left for being disappointed — Try to make them less disappointed! Give them some red meat, respond to their concerns, and, you know, do the things you were elected to do. Why this even has to be said is beyond me.

Not Gonna Take It Anymore.

“When you can read an entire column by the Washington Post’s Howard Kurtz and never once feel the urge to cut out your own heart with a dull knife, you know that you no longer have the sense of outrage that is essential to reporting from our nation’s capital.” In related news, and via Glenn Greenwald, Harper’s editor Ken Silverstein bids a pithy farewell to his DC beat.

United [REDACTED] of [CLASSIFIED].

“The top-secret world the government created in response to the terrorist attacks of Sept. 11, 2001, has become so large, so unwieldy and so secretive that no one knows how much money it costs, how many people it employs, how many programs exist within it or exactly how many agencies do the same work.“

Sigh. In the WP, Dana Priest and William Arkin attempt to survey the breadth and depth of our post-9/11 intelligence complex, and the results are troubling, to say, the least. Basically, nobody, not even the SecDef, has any clue how big some of these programs are, or what the armies of private contractors are up to half the time. “After nine years of unprecedented spending and growth, the result is that the system put in place to keep the United States safe is so massive that its effectiveness is impossible to determine…’Because it lacks a synchronizing process, it inevitably results in message dissonance, reduced effectiveness and waste,” Vines said. “We consequently can’t effectively assess whether it is making us more safe.’” If you have to ask…

For a good overview of the Post‘s laudable coverage, check out this worthwhile post from Wired‘s Danger Room and Glenn Greenwald’s pithy summation of the problem. “This world is so vast, secretive and well-funded that it’s very difficult to imagine how it could ever be brought under control…[Meanwhile] The Drudge and Politico sewers still rule our world — ‘fights over nothing’ — and happily distract us from Top Secret America, what it does and what it takes.” But, hey, what’s Sarah Palin been up to?

The Press in the Tank.

“From the early 1930s until the modern story broke in 2004, the newspapers that covered waterboarding almost uniformly called the practice torture or implied it was torture: The New York Times characterized it thus in 81.5% (44 of 54) of articles on the subject and The Los Angeles Times did so in 96.3% of articles (26 of 27). By contrast, from 2002-2008…The New York Times called waterboarding torture or implied it was torture in just 2 of 143 articles (1.4%). The Los Angeles Times did so in 4.8% of articles (3 of 63).“

By way of Greenwald and Sullivan, a Harvard study documents exactly how absurdly our national media carried water for the Dubya-era torture regime. “In addition, the newspapers are much more likely to call waterboarding torture if a country other than the United States is the perpetrator.“

This story, along with Politico’s gaffetastic reaction to Rolling Stone‘s Michael Hastings doing real journalism on the McChrystal story — (“Hastings would be considered a bigger risk to be given unfettered access, compared with a beat reporter, who would not risk burning bridges by publishing many of McChrystal’s remarks” — See also Lara Logan) and Joke Line deeming Glenn Greenwald a traitor because he dared to call unrepentant Iraq war evidence-falsifier Jeff Goldberg a horrible journalist (“Greenwald…so far as I can tell, only regards the United States as a force for evil in the world.“) pretty much tells you everything you need to know about our broken and corrupt Village media. And this is all just in the past week. Rinse and repeat, over and over and over again. (Pic via here.)

The Invisible Victim…and the Ring of Power.

“No wonder President George W. Bush can now openly brag about the water-boarding policy he once denied even existed. The courts have become complicit in the great American cop-out on torture.” And let’s not forget the Obama administration in all this. Slate‘s Dahlia Lithwick surveys the wreckage from the Supreme Court’s recent capitulation on the Maher Arar case, wherein we, the United States of America, abducted, deported, and were ultimately responsible for the torturing of an innocent man, and are now trying to sweep it under the rug like it never happened. Look forward, not backward! (unless you’re a whistleblower)

In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented for a lot of reasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.

“The Beast” is not contained.

“The relationship between the federal government and the oil company has been an awkward collaboration all along — “We have them by the neck,” Interior Secretary Ken Salazar said of BP in congressional testimony last week — but it reached a turning point Monday when the administration said it no longer wants to share a podium with BP at the daily briefing in Louisiana. Instead, the national incident commander, Coast Guard Adm. Thad W. Allen, will give a solo briefing wherever he happens to be.“

With “Top Kill” a failure, the way forward murky, the environmental impact likely irrevocable, and oil still flowing into the Gulf at a rate three times what BP tried to spin, the Obama administration begins to move toward a more confrontational footing, including having Attorney General Holder look into a possible criminal investigation. Yeah, I’d say there’s a case there. And it’d be a much better use of Justice’s time than its flat-out reprehensible war on whistleblowers. (Aquaman cover via Graphic Policy. And Spongebob fared little better.)

Update 2: “‘We will prosecute to the fullest extent of the law, anyone who has violated the law,’ Holder said. ‘This disaster is nothing less than a tragedy.’” I’m all for it — Let’s get some accountability here for once. But, hey, you know what else is a tragedy? Torture. And you know what else? Indefinite detentions. And you know what else? The fraud-fueled Wall St. meltdown. As I noted above, the only folks this Justice Dept. seems to have been cracking down on so far, in full defiance of 2008 campaign promises about transparency, are whistleblowers. Their priorities have seemed awfully screwed-up thus far, to say the least.