We Ain’t Seen Nothing Yet?

“‘We’re sitting on the doorstep of a definitional moment,’ said Rep. Rahm Emanuel (Ill.), chairman of the House Democratic Caucus.” Faced with their own low poll numbers, the Democratic Congress readies a flurry of late-term legislation involving homeland security (implementing most of the 9/11 commission recommendations), ethics (gift bans and increased disclosure requirements), and child health care (expanding insurance coverage for children of the working poor.) “Republican leaders plan to stand in the way…But against such philosophical stands, there is a stark political problem: How many Republicans are really going to oppose legislation expanding insurance coverage for children, tightening ethics rules and bolstering homeland security?” More than one might think, I’d wager.

Nope, can’t have those either.

Think I’m being shrill? Ok, here’s another: After listening to former Attorney General John Ashcroft discuss internal differences over Dubya’s illegal surveillance program yesterday, the Senate Judiciary Committee voted 13-3 to issue subpoenas for White House and Justice Department documents regarding the eavesdropping system. “The White House made no move to comply.

Rule of Law 1, Dubya 0.

“The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention…To sanction such presidential authority to order the military to seize and indefinitely detain civilians…would have disastrous consequences for the constitution — and the country.” In what should have been a no-brainer, a federal appeals court rules 2-1 in the case of al-Marri v. Wright that Dubya can’t hold US residents indefinitely on suspicion alone. [Full opinion, and the dissent by a Bush appointee.] “The panel tailored its opinion to Marri’s circumstances; it does not directly apply to the more than 300 foreign nationals held as enemy combatants in the military prison at Guantanamo Bay, Cuba. But lawyers for some captives noted that the same flaws the court found in the administration’s classification of Marri were true for Guantanamo detainees.”

A Mockery of Justice.

“James B. Comey, the straight-as-an-arrow former No. 2 official at the Justice Department, yesterday offered the Senate Judiciary Committee an account of Bush administration lawlessness so shocking it would have been unbelievable coming from a less reputable source.” By way of Medley, the WP blanches at a ridiculous attempt by then-White House counsel Alberto Gonzales to secure warrantless wiretaps against the will of the Justice Department. “Having failed, they were willing to defy the conclusions of the nation’s chief law enforcement officer and pursue the surveillance without Justice’s authorization. Only in the face of the prospect of mass resignations — Mr. Comey, FBI Director Robert S. Mueller III and most likely Mr. Ashcroft himself — did the president back down.

Deconstructing Harvey.

“But reading Mansfield has real value for understanding the dominant right-wing movement in this country. Because he is an academic, and a quite intelligent one, he makes intellectually honest arguments, by which I mean that he does not disguise what he thinks in politically palatable slogans, but instead really describes the actual premises on which political beliefs are based. And that is Mansfield’s value; he is a clear and honest embodiment of what the Bush movement is.” Glenn Greenwald eviscerates Harvard professor Harvey Mansfield after the latter pens an op-ed for the WSJ entitled “The Case for the Strong Executive — Under some circumstances, the Rule of Law must yield to the need for Energy.” See the problem in that title? It kinda jumps out at you.

A Chicken in every pot, a plunger in every terrorist.

“If one of them gets elected, it sounds to me like we’re going on the defense. We’ve got a timetable for withdrawal from Iraq. We’re going to wave the white flag there. We’re going to try to cut back on the Patriot Act. We’re going to cut back on electronic surveillance. We’re going to cut back on interrogation. We’re going to cut back, cut back, cut back, and we’ll be back in our pre-September 11 mentality of being on defense.” Meanwhile in related news, Rudy Giuliani lapses into aggro fearmonger mode to try to shore up his right-wing cred. That accompanying giant sucking sound you might hear is all of Hizzoner’s legitimately-earned but now hopelessly squandered Churchillian cred going right out the window…He seems to have reverted to his true colors much earlier than I anticipated. Said Barack Obama, correctly, of Rudy’s pathetic stunt, “[Giuliani has] taken the politics of fear to a new low…We know we can win this war based on shared purpose, not the same divisive politics that question your patriotism if you dare to question failed policies that have made us less secure. The threat we face is real, and deserves better than to be the punchline of another political attack.” Touche.

Are You on the List?

“The bar for inclusion is low, and once someone is on the list, it is virtually impossible to get off it. At any stage, the process can lead to ‘horror stories’ of mixed-up names and unconfirmed information, Travers acknowledged.” The WP plunges into the rising TIDE (Terrorist Identities Datamart Environment), a.k.a. the terrorist watch list that has quadrupled in size over the past four years. (And, here I thought we were winning the war on terror.) “Sen. Ted Stevens (R-Alaska) said last year that his wife had been delayed repeatedly while airlines queried whether Catherine Stevens was the watch-listed Cat Stevens.

Commission Accomplished.

Upholding a Democratic promise from the 2006 elections, the Senate passes long-overdue legislation to implement the 9/11 commission suggestions. “In a sign of how far the politics of homeland security have shifted since the Democrats seized Congress, senators voted 60 to 38 — with 10 Republicans and no Democrats crossing ranks — to force a fresh national security confrontation with President Bush, who has threatened to veto the bill over a provision to expand the labor rights of 45,000 airport screeners.

The Ghost of J. Edgar.

“‘We concluded that many of the problems we identified constituted serious misuse of the FBI’s national security letter authorities,’ Inspector General Glenn A. Fine said in the report.” A Justice Department audit finds the FBI has been systematically misusing NSA letters to procure personal information without a court order, prompting a mea culpa from director Robert Mueller and the prospect of possible hearings into the matter. “‘It appears that the administration has used these powers without even the most basic regard for privacy of innocent Americans,’ [Sen. Dick] Durbin said in a statement.

Karl’s Truman Show.

The wheels may have come off the Bush bandwagon several months ago, but that’s not stopping Karl Rove from trying to finesse Dubya’s place in the history books. And, like his boss, Karl seems to be attempting the Truman route: “In the West Wing interview, Rove adopted a longer view, citing the policy of containment of the Soviet Union, adopted by Truman in the 1940s and then embraced by a succession of presidents despite initial misgivings, as reason to believe history may offer a kinder assessment of the durability of Bush policies and institutional changes.” Hmm. When it comes to the war on terror, somehow I doubt dropping the ball in Afghanistan to prosecute a badly-bungled war of choice in Iraq is going to look any better to future generations. Just a hunch.