“There’s a broader lesson here, and it speaks to the Bush administration’s present jam throughout the Middle East and in other danger zones. If the British had adopted the same policy toward dealing with Pakistan that Bush has adopted toward dealing with, say, Syria or Iran (namely, it’s an evil regime, and we don’t speak with evil regimes), then a lot of passenger planes would have shattered and spilled into the ocean, hundreds or thousands of people would have died, and the world would have suddenly been plunged into very scary territory.” In light of yesterday’s foiled plot, Slate‘s Fred Kaplan points out one of the critical flaws of Dubya Diplomacy (which, thankfully, the British do not share.)
Tag: War on Terror
Res ipsa loquitur.
“This report raises serious concerns crucial to the survival of our democracy…If left unchecked, the president’s practice does grave harm to the separation of powers doctrine, and the system of checks and balances that have sustained our democracy for more than two centuries.” Then, again, I could be sold on the merits of bar associations…if they continue to call out Dubya for trampling on our Constitution.
Here’s to Hamdan.
“If another nation’s leader adopted such positions, the United States would be quick to condemn him or her for violating fundamental tenets of the rule of law, human rights, and the separation of powers. But President Bush has largely gotten away with it, at least at home, for at least three reasons. His party holds a decisive majority in Congress, making effective political checks by that branch highly unlikely. The Democratic Party has shied away from directly challenging the president for fear that it will be viewed as soft on terrorism. And the American public has for the most part offered only muted objections. These realities make the Supreme Court’s decision in Hamdan v. Rumsfeld, issued on the last day of its 2005-2006 term, in equal parts stunning and crucial.” In related news, as seen at both Salon and Mother Jones (as well as the New York Review of Books), author and law professor David Cole underlines the importance of the Hamdan decision in preserving the rule of law and throttling Dubya’s unchecked power grabs of late.
The Specter of Tyranny | King George covers his flank.
“[I]f Specter’s bill prevails, it will amount to a White House masterstroke, precisely what James Madison had in mind when he described the dangers of unchecked rule by one branch of government: ‘the very definition of tyranny.’” Having read the legislation in full, author and wiretap expert Patrick Radden Keefe discovers, perhaps not surprisingly, that Specter’s recent NSA “compromise” is a complete capitulation to executive power. And, in very related news, file this under “repeated injuries and usurpations“: Attorney General Alberto Gonzales testified under oath this week that it was Dubya’s personal decision to close down the Justice Department’s probe into the NSA’s warrantless wiretaps (the one, you may recall, that couldn’t get the security clearances to do its job.)
Post-Hamdan Politicking…
As the legislative and judicial branches struggle to rein in Dubya’s excesses, recent Senate testimony on the treatment of Gitmo detainees reveals fissues within the administration’s approach to the Hamdan ruling: “The testimony has shown that the Justice Department — which had insisted on the legality of the existing policy — is eager to sharply limit the impact of the Supreme Court’s decision, while military lawyers and some other Pentagon officials are celebrating it as a vindication of their long-held concerns about U.S. detainee policy.” Update: “The President is always right?” (Via Looka.)
They hate these cans! Stay away from the cans!
“‘It reads like a tally of terrorist targets that a child might have written: Old MacDonald’s Petting Zoo, the Amish Country Popcorn factory, the Mule Day Parade, the Sweetwater Flea Market and an unspecified ‘Beach at End of a Street.’” A report by the Department of Homeland Security’s Inspector General finds that the government believes Indiana is the most target-rich state in the nation for terrorists: “The National Asset Database, as it is known, is so flawed, the inspector general found, that as of January, Indiana, with 8,591 potential terrorist targets, had 50 percent more listed sites than New York (5,687) and more than twice as many as California (3,212)” In addition, New York “lists only 2 percent of the nation’s banking and finance sector assets, which ranks it between North Dakota and Missouri. Washington State lists nearly twice as many national monuments and icons as the District of Columbia. Montana, one of the least populous states in the nation, turned up with far more assets than big-population states including Massachusetts, North Carolina and New Jersey.”
Geneva comes to Gitmo.
In a happy day for the rule of law, and following the Supreme Court’s recent decision in Hamdan, the Dubya White House and Pentagon reverse themselves and announce that the Geneva Conventions will now apply to Guantanamo detainees. Yes, good news indeed…Still, given that this administration can so rarely be taken at its word, vigilance will be required to see if the treatment of detainees actually changes at all: “Neither the White House nor the Pentagon provided any immediate details as to what would be done differently or how the decision would effect the controversial policies on interrogation, which have provoked an international outcry as well as considerable domestic controversy.“
Win Some…
In a blow to the monarchial presidency that may also affect future rulings on warrantless wiretaps and torture policy, the Supreme Court strongly rebukes Dubya for his Gitmo tribunals, declaring they “were not authorized by any act of Congress and that their structure and procedures violate the Uniform Code of Military Justice (UCMJ) and the four Geneva Conventions signed in 1949.” As Justice Stephen Breyer summed it up in a concurring opinion: “The Court’s conclusion ultimately rests upon a single ground: Congress has not issued the Executive a ‘blank check.‘”
Bank Shots.
“The real question here, as with so many other programs run by this Administration, is whether they are obeying the laws we have on the books to protect Americans from unnecessary invasions of their privacy.” Dubya & co. opt for the Shoot the Messenger offense once again and try to eviscerate the NYT for exposing their monitoring of banking records since 9/11. Well, sure, it’s entirely possible that this surveillance has been conducted legally and with proper respect to the civil liberties of ordinary citizens, but somehow I don’t think this administration has earned the benefit of the doubt.
Lion and the Snakes.
Listen up, Cornyn: “There never was a more vicious or insidious doctrine announced for the consideration of a free people than the doctrine that our constitution or any part of it is suspended during a state of war. Our constitution was made for war as well as peace. Equally vicious is the doctrine that you must disregard the guarantees of the constitution and trample upon our civil liberties in order to save the constitution…[W]e can never get anywhere if we resort to the theory that the minority has no rights which the majority is bound to respect or that the constitutional rights of the citizen must give way to some supposed emergency. I think the greatest service the true American can render to the cause of orderly liberty is to demonstrate in this critical situation that we can deal with every confronting situation and meet every emergency without violating or disregarding to the individual citizen any of his rights under our constitution. If we have reached the point where we cannot take care of the situation without resorting to arbitrary methods, to undefined official discretion, then the enemies of this government may well say that our system has proved a failure.” — Sen. William E. Borah, “Letter to Austin Simmons,” January 21, 1920.