With most of their arguments already rendered false or nonsensical, “Big Time” Dick Cheney invokes an old standby to justify the illegal NSA wiretaps (which, it turns out, may have begun before White House authorization): 9/11, 9/11, 9/11. And, also in the King George department, Dubya in effect announces he’ll bypass the new torture ban whenever he feels like it. Says one legal expert: “The signing statement is saying ‘I will only comply with this law when I want to, and if something arises in the war on terrorism where I think it’s important to torture or engage in cruel, inhuman, and degrading conduct, I have the authority to do so and nothing in this law is going to stop me.’” (Media Matters link via Looka.) Update: The FISA court judges want answers, and a possible NSA whistleblower steps up.
Tag: Wiretaps
The I-Word.
“‘The fact is, the federal law is perfectly clear,’ Turley says. ‘At the heart of this [NSA wiretap] operation was a federal crime. The president has already conceded that he personally ordered that crime and renewed that order at least 30 times. This would clearly satisfy the standard of high crimes and misdemeanors for the purpose of an impeachment.'” Salon‘s Michelle Goldberg assesses the current political temperature for Dubya’s impeachment. “‘For Republicans to suggest that this is not a legitimate question of federal crimes makes a mockery of their position during the Clinton period. For Republicans, this is the ultimate test of principle.‘” Update: Slate‘s Dahlia Lithwick also muses on Dubya’s distaste for the rule of law.
Judge of Conscience.
“What I’ve heard some of the judges say is they feel they’ve participated in a Potemkin court.” Allegedly in protest over Dubya’s illegal use of wiretaps, US District Judge James Robertson resigns from the Foreign Intelligence Surveillance Court (or FISA court.) Meanwhile, the NYT reports that, despite what the administration is saying, some purely domestic calls were overheard via Dubya’s warrantless wiretaps.
Dubya Unchecked.
Team Dubya spent the weekend on the offensive regarding the recent disclosure of illegal NSA wiretaps, with Bush saying over and over again that disclosing the wiretaps was “a shameful act” that “damage[d] our national security.” Sheah. That Dubya and his cronies would try to pass off these egregious violations of civil liberties and due process with more dissent is disloyalty garbage (and a frisson of 9/11, 9/11, 9/11) speaks once again to how corrupt and out-of-control this administration has become. Let the investigations commence. Update: Newsweek‘s Jonathan Alter weighs in: “Bush was desperate to keep the Times from running this important story — which the paper had already inexplicably held for a year — because he knew that it would reveal him as a law-breaker…If the Democrats regain control of Congress, there may even be articles of impeachment introduced.”
Patriotic Insurgency.
“I don’t want to hear again from the attorney general or anyone on this floor that this government has shown it can be trusted to use the power we give it with restraint and care.” Aided by today’s shocking revelation that the NSA has been monitoring thousands of international calls without a warrant since 2002, a group of Senators led by Russ Feingold — and including four Republicans (Craig, Hagel, Murkowski, and Sununu) — succeed in defeating an extension of the Patriot Act. At this point, I might as well put a Feingold 2008 banner over on the sidebar — Ever since the McCain-Feingold days, the Senator from Wisconsin has continued to rise in my esteem, and this once again proves his mettle as our most forthright and committed progressive standard-bearer. Bravo!
Patriotic Fervor.
Apparently the House and Senate have decided on a compromise over the Patriot Act, one that will theoretically reduce the disturbing number of FBI terrorism inquiries via fuller reporting. The bill is now being put on the fast track by the GOP, so as to give Dubya a much-needed boost on his terror credentials, which means the Patriot Act, warts and all, may be made permanent by Thanksgiving. Update: Feingold leads a bipartisan charge against the bill.
Out with the old, in with the…old.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists, for they erode our national unity and diminish our resolve.” After outgoing Attorney General John Ashcroft showed his true colors one last time, incoming Homeland Security head (and former admin torture guru) Michael Chertoff promises to keep an eye to civil liberties at his confirmation hearings. Hmm…I’d have more faith in his espoused concern if he hadn’t already ignored the in-house Justice Dept. ethics office (and lied about it) in the past.
We’re all in it together.
After a long and tortuous road, including some last-minute GOP balking, Dubya signed the intelligence bill into law today. “The new law, which grew out of last summer’s report of the national commission that investigated the Sept. 11, 2001, terrorist attacks, brings together the 15 separate intelligence agencies into a single command structure, legislates creation of a National Counter Terrorism Center, increases border security and establishes a civil liberties board to serve as a check on excesses in the war on terrorism.” Sounds good…now let’s get that bastard Buttle.
There Goes Da Judge.
On his way out the door, John Ashcroft calls out judges for judging. “‘The danger I see here is that intrusive judicial oversight and second-guessing of presidential determinations in these critical areas can put at risk the very security of our nation in a time of war,’ Ashcroft said.” Well, maybe now that he’s got some time on his hands, perhaps someone can explain to him that whole checks-and-balances thing.
We only lock up the bad people.
The Justice Department gives its most detailed accounting yet of how its used its post-9/11 powers in the war on terror, although the vagueness of the report does little to satisfy congressional critics and civil liberties advocates. On a loosely related note, it must be some weird cosmic irony that the spokesperson for the Ashcroft Justice Dept. is named Comstock.