You’re On File.

“Under the new rules issued in March, the National Counterterrorism Center, known as NCTC, can obtain almost any database the government collects that it says is ‘reasonably believed’ to contain ‘terrorism information.’ The list could potentially include almost any government database, from financial forms submitted by people seeking federally backed mortgages to the health records of people who sought treatment at Veterans Administration hospitals.”

The WSJ tells of the (very limited) debate withing the administration that accompanied the NCTC’s new database on everybody. “It’s breathtaking’ in its scope, said a former senior administration official familiar with the White House debate.”

The New Haymarket.

What I said last year stands. The world doesn’t need any more 9/11 retrospectives. Still, this NASA picture from that dark day is pretty impressive, so there’s that.

I will say this: Since last week we watched Democrats — Democrats — chant USA, call out Mitt Romney for being insufficiently for the troops, and all but roll the severed head of Osama Bin Laden out on stage, perhaps it’s time to regain a little perspective.

9/11 was a horrible crime that demanded justice. It was also an event, it has now become clear, that could have and should have been prevented by the Dubya administration using traditional, pre-9/11 intelligence methods. Since that dark day, nine people have died in our indefinite detention prison camp at GitMo. The only person being prosecuted for the Dubya-era torture regime is the whistleblower. And we’re now set to unleash a wave of SKYNET-like drones over our own territory in the name of keeping us safe.

It’s long past time to stop compounding the tragedy of what happened in New York and Washington eleven years ago by shredding the constitution in response. It’s time to get back to being America again.

Devil in a Blue Dress.


(Ok, admittedly, that’s still unsubstantiated. Sorry, couldn’t resist.) In any event, a sturdy and plodding workhorse of a biopic, Clint Eastwood’s J. Edgar attempts to humanize the man who fanned forty years of fears about Communism to become architect of the F.B.I. and one of the most powerful figures in Washington. It’s…not bad, and I would say I was engaged for most of the movie’s run. But, even despite all the Brokeback Mountain-style kabuki restraint that Eastwood must’ve felt he had to employ to do justice to the are-they-or-aren’t-they relationship of Hoover and longtime partner Clyde Tolson, a film about a figure as polarizing as J. Edgar Hoover should take stronger stands about its subject. Despite some very good (and, in di Caprio’s case, very bizarre) performances, this is mostly biopic mush.

It doesn’t help that Eastwood has yet again opted for the tinkly piano and gray palette that seems to characterize all of his historical pictures. This worked wonders for Letters of Iwo Jima, not so much for Flags of our Fathers and this film. Here, Eastwood has set a story beginning in 1919 — perhaps the most lurid and tumultuous single year for America in the 20th century (I’m only ever-so-slightly biased on this) — and made it look like a drab, washed-out daguerrotype. In that fateful summer, after an anarchist’s bomb blows up the front porch of Attorney General A. Mitchell Palmer’s house in the ritzy West End of Washington (his neighbors, Franklin and Eleanor Roosevelt, had just parked down the street), Hoover is hand-picked to run the new “General Intelligence Division” of the Justice Department that will bring the perpetrators to justice.

With previous experience at the Library of Congress in organizing information, Hoover soon takes on two key assistants in Tolson (Armie Hammer, once again exuding Ivy League entitlement) and personal secretary Helen Gandy (Naomi Watts, who gets the best of the age make-up), and quickly attempts to make a CSI of the GID. Cut to forty years later, and Hoover — now balding, paunchy, and covered in latex — is obsessively snooping on Martin Luther King and making veiled threats to Attorney General Bobby Kennedy about his brother’s sleeping habits. With our two historical poles established, the rest of J. Edgar flits back and forth in time, telling the story of its protagonist as both a young and old man – Other than these two moments, the film spends most of its time, strangely enough, dealing with the kidnapping of the Lindbergh baby. (In 2004, when discussing The Alamo, I noted how fun it is to cast the story of American history with actors. Let me say that Josh Lucas totally works as Charles Lindbergh.)

For the most part, J. Edgar is an innocuous edutainment. But it also has some serious problems, and not just the standard-issue groanworthy biopic tropes like Freudian parent issues overdetermining the subject’s entire life story. (Here, Mom (Judi Dench) is a stern and overbearing sort who forces Hoover to bury his secrets within, even as he’s trying to pry up everyone else’s.) Y’see, it comes out rather late in the third act that Eastwood and screenwriter Dustin Lance Black have attempted to add a Fight Club-ish “unreliable narrator” schtick to the film: The whole time, we’ve been watching Hoover’s sanitized retelling of his own history. But this should-be-huge reveal is underplayed, and thus becomes somewhat buried. And, as a result, people who don’t know anything about the times are going to leave a theater with a very wrongheaded sense of the story.

For example, it’s never mentioned or adequately explained that the 1919 anarchist bombings which open the film only killed two people — one of them the bomber on Palmer’s porch, who either tripped or mis-timed the blast — and that, not unlike recent times, pretty much everything Palmer and Hoover did subsequently in 1919 was a massive overreaction. (Hence, the “Red Scare.”) They show Hoover and a team of G-men knocking down an anarchist printing press in Paterson, New Jersey linked to the bombs, but, with the arguable exception of Emma Goldman’s deportation proceedings at Ellis Island, they don’t show any of the many, many raids that were just glorified fishing expeditions and/or excuses to remove foreign-born potential Communists from American shores.

Similarly, when the film briefly depicts the Centralia Massacre that same year, it shows events in a way that Hoover, and many other Americans, probably saw them — I.W.W. radicals killing patriotic veterans in a turkey shoot. But that depiction does violence to the much more complicated truth of the event, which involved American Legion members deciding first to go march on some radical Wobblies. And you’d never know that the culmination of that day was an I.W.W. member and veteran grabbed from jail by soldiers, beaten, castrated, hung, hung, hung, shot, and shot. Again, Eastwood and Black have written themselves a pass for this, because they hint Hoover is an unreliable narrator at the end of the film. But that lede is buried.

So the history has definite issues, and this same tendency towards whitewashing detracts from the whole film. Granted, given how little we know, the Tolson-Hoover relationship should perhaps be treated with this discretion — although my understanding is they were more conceived of as a couple than this film lets on. (FWIW, Hammer is quite good here despite some unfortunate age-makeup, and a Supporting Actor nod is likely.) But, that aside, and to be blunt about it, sometimes an asshole is just an asshole. One can argue that Hoover had all the reasons in the world to be the way he was — an overbearing mom, a traumatic secret, whathaveyou. But this film spends more time trying to make us feel charitable towards its protagonist than it does putting his behavior in any kind of appropriate context. (For example, why is Hoover obsessed with MLK? Should he be wiretapping him? It’s never really addressed.) Should we feel for J. Edgar, after hearing his story? Perhaps, yes. But we should also leave the theater with a clearer sense of how illegal and often reprehensible his rise to power really was.

A Mole in the Movement.


Responding to the newspaper’s requests, the government instead released 369 pages related to a 1970s public corruption probe that targeted Withers — by then a state employee who was taking payoffs — carefully redacting references to informants — with one notable exception. Censors overlooked a single reference to Withers’ informant number.

Thanks to one small clerical error, the Memphis Commerical Appeal uncovers the hidden life of famed civil rights photographer Ernest Withers, who apparently doubled as an FBI informant. [Reaction.] “‘He was the perfect source for them. He could go everywhere with a perfect, obvious professional purpose,’ said Pulitzer Prize-winning historian David Garrow, who, along with retired Marquette University professor Athan Theoharis, reviewed the newspaper’s findings.” Shady.

Life in the Great American City.


In her 1961 book The Death and Life of Great American Cities, self-taught urban scholar and activist Jane Jacobs observed that sidewalks and their users are ‘active participants in the drama of civilization versus barbarism’ (by “barbarism,” she meant crime) and that a continuously busy sidewalk is a safe sidewalk, because those who have business there — ‘the natural proprietors of the street’ — provide ‘eyes upon the street.’ Jacobs, who died in 2006, would not have been surprised to learn that it was two street vendors who first notified police of the suspicious Nissan Pathfinder parked on West 45th Street just off Broadway.

In surveying the recent foiled Times Square car-bomb attempt, Slate‘s Fred Kaplan makes the case for the prescience of Jane Jacobs, and explains why Dick Cheney is, yet again, wrong. (Kaplan also makes a case for security cameras which I’m less sanguine about — but, hey, two out of three ain’t bad.)

Speaking of the Times Square situation, Twitter wag pourmecoffee had some arch responses to the near-disaster: “Somebody saw something in Times Square. If Cheney were still around, he’d torture entire Lion King cast for answers,” and “When we catch this Times Square guy, I assume he will be too scary to try in New York.” Ah, Twitter.

Thus Passeth the Small Talk.

An application that lets users point a smart phone at a stranger and immediately learn about them premiered last Tuesday at the Mobile World Congress in Barcelona, Spain. Developed by The Astonishing Tribe (TAT), a Swedish mobile software and design firm, the prototype software combines computer vision, cloud computing, facial recognition, social networking, and augmented reality.

Well, that should really facilitate the stalking (and now everyone will know right away I like sunsets and long walks on the beach…) The Atlantic‘s Derek Thompson reports in on Recognizr, a smartphone app soon likely to cause all kinds of consternation and unwanted advances in a town near you.

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.

Harman on the Hook.

“‘It’s the deepest kind of corruption,’ said a recently retired longtime national security official who was closely involved in the AIPAC investigation, ‘which was years in the making. It’s a story about the corruption of government — not legal corruption necessarily, but ethical corruption.” In a fascinating (and depressing) must-read, Congressional Quarterly‘s Jeff Stein lays bare a byzantine corruption scandal involving AIPAC, the Dubya WH, and Jane Harman, former Democratic chair of the House Intelligence Committee and, some grumbling aside, basically a “team player” for Dubya during the illegal and warrantless wiretaps episode. (Irony of ironies, it appears Harman’s misdeeds were caught on — a court-approved — wiretap.)

Talking Points Memo offers a handy timeline of the case here. Basically, on one level it’s your basic political quid-pro-quo. Harman told an unnamed suspected Israeli agent that she would “waddle into” a federal espionage case then extant against two members of AIPAC and gum up the works somehow. In return, “the suspected Israeli agent pledged to help lobby Nancy Pelosi…to appoint Harman chair of the Intelligence Committee after the 2006 elections.” (It didn’t take: Pelosi instead chose Silvestre Reyes.) “Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, ‘This conversation doesn’t exist.’

Sordid enough. But what’s a mid-oughts scandal without the Dubya angle? After she had been caught on said wiretap, a federal investigation into Harman was approved…for awhile. But it seems Attorney General Alberto Gonzales now knew he had Harman in his pocket, and took advantage accordingly. “According to two officials privy to the events, Gonzales said he ‘needed Jane’ to help support the administration’s warrantless wiretapping program, which was about to be exposed by the New York Times. Harman, he told [CIA Director Porter] Goss, had helped persuade the newspaper to hold the wiretap story before, on the eve of the 2004 elections. And although it was too late to stop the Times from publishing now, she could be counted on again to help defend the program. He was right. On Dec. 21, 2005, in the midst of a firestorm of criticism about the wiretaps, Harman issued a statement defending the operation and slamming the Times, saying, ‘I believe it essential to U.S. national security, and that its disclosure has damaged critical intelligence capabilities.’

Not that I need to remind anyone here, but Dubya’s use of illegal and warrantless wiretaps would, in more cases, be recognized as an impeachable offense. As it was, the Senate GOP (then in the catbird seat) held firm against hearings, and many of our congressional Dems — Feingold, Leahy, and a few other lonely souls notwithstanding — folded like a house of cards. Now, at least in the case of Harman, we know why.

Update: The NYT weighs in with their side, and it’s TLDR’ed by TPM. And Salon‘s Glenn Greenwald has a good bit of snarky fun with Harman’s recent “road to Damascus” moment regarding wiretaps.

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.