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Archive for May, 2009

US Violated Geneva Conventions, Bush Iraq Commander Says

Posted by James O'Rourke on May 30, 2009

By John Byrne, Raw Story. Posted May 30, 2009.

A stunning admission from General David Petraeus reveals that the US may have violated international law.

The head of the US Central Command, General David Petraeus, said Friday that the US had violated the Geneva Conventions in a stunning admission from President Bush’s onetime top general in Iraq that the US may have violated international law.

“When we have taken steps that have violated the Geneva Conventions we rightly have been criticized, so as we move forward I think it’s important to again live our values, to live the agreements that we have made in the international justice arena and to practice those,” Gen. Petraeus said on Fox News Friday afternoon.

Petraeus made the comment in the context of being asked about the Bush administration’s so-called “enhanced interrogation techniques.” The now-Central Command chief said he believed that banning the more extreme techniques had taken away “a tool” employed by “our enemies” as a moral argument against the United States.

Petraeus didn’t say which parts of the Geneva Conventions he thought he and other administration officials had violated.

Asked about a “ticking time bomb” scenario — which is often employed by torture’s defenders — Petraeus said that interrogation methods approved for use in the Army Field Manual were generally sufficient.

“There might be an exception and that would require extraordinary but very rapid approval to deal with but for the vast majority of the cases our experience… is that the techniques that are in the Army Field Manual that lays out how we treat detainees, how we interrogate them, those techniques work, that’s our experience in this business,” he said.

He also acknowledged that the US prison at Guantanamo Bay has inflamed anti-US hostility.

“I do support is what has been termed the responsible closure of Gitmo,” Petraeus said. “Gitmo has caused us problems, there’s no question about it. I oversee a region in which the existence of Gitmo has been used by the enemy against us. We have not been without missteps or mistakes in our activity since 9/11 and again Gitmo is a lingering reminder for the use of some in that regard.”

“I don’t think we should be afraid of our values we’re fighting for,” he added. “What we stand for and so indeed we need to embrace them and we need to ope rationalize them in how we carry out what it is we’re doing on the battle field and everywhere else. So one has to have some faith I think in the legal system. One has to have a degree of confidence that individuals that have conducted such extremist activity would indeed be found guilty in our courts of law.”

This video is from Fox’s Live Desk, broadcast May 29, 2009.

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The Results Are In: Americans Are Now More Closely Aligned With Progressive Ideas Than at Any Time in Memory

Posted by James O'Rourke on May 30, 2009

By Joshua Holland, AlterNet.

Posted May 30, 2009.

On issue after issue, significant majorities of Americans favor progressive solutions to the nation’s problems and reject the right’s worldview.

On issue after substantive issue, significant majorities of Americans favor progressive solutions to the nation’s problems and reject the right’s worldview. That’s true whether the issue at hand is taxes, war and peace, the role of government in the economy, health care, and on and on.

Yet the idea that America is a “center-right” nation persists; Republican and conservative activists repeat the assertion ad nauseum — as it’s in their interest to do — and most of the political press corps swallows it whole.

The idea is like a zombie — you can bludgeon it, burn it or get Dick Cheney to shoot it in the face, but it keeps coming — it will not die.

The persistence of the center-right narrative, even in the face of piles of evidence suggesting it’s little more than a myth, has very real consequences on our political discourse.

Aside from coloring the way the media covers — and the public views — the vital issues of the day, it impacts progressive activists, who even when they have the wind at their backs often feel the need to move slowly, cautiously and in ways that will minimize direct confrontation with the conservative movement.

Progressives have long begun the legislative process in the middle and then moved to the center-right, when the reality is that the country is looking for bold changes, not incremental tinkering.

This week, a new report released by the Campaign for America’s Future and the media watchdog group MediaMatters attempts to finally bury the idea that the U.S. leans rightward. It takes a comprehensive look at the political landscape in which we live and a look forward at America’s shifting demographic profile — all of which reveal a citizenry that is anything but center-right and will only continue to trend in a more progressive direction, leaving modern conservatism increasingly isolated in its ideas.

The study gathered public-opinion data from a number of respected, nonpartisan polling outfits, findings from the (huge) National Election Study series and official statistics on ethnicity and gender to make the case. Among the findings:

  • On what may be the key difference between liberals and conservatives today — the role of government — more than twice as many people agree with the statement, “there are more things government should be doing” than believe the Reaganite adage, “the less government, the better.”
  • In 1994, more than half of Americans said, “government regulation of business usually does more harm than good” and fewer than 4 out of 10 thought “government regulation of business is necessary to protect the public interest.” That’s been flipped on its head during the 15 years since — today, fewer than 4 in 10 believe regulation causes more harm than good.
  • A majority (55-70 percent, depending on how the question is worded) believes it’s the government’s responsibility to provide health care to all Americans; fewer than a third of those responding to a CBS/New York Times poll thought health insurance should be “left only to private enterprise.”
  • Almost 2 out of 3 Americans believe the taxes they pay are fair, and that the very wealthy pay too little in taxes; almost 7 in 10 believe corporations don’t pay their fair share of taxes.

During a conference call with reporters, Robert Borosage, co-director of Campaign for America’s future, acknowledged that until 15 to 20 years ago, a center-right coalition of conservatives and political moderates did represent a majority of the electorate, but noted that the views of moderates and independents have grown much more closely aligned with those of more progressive voters, and the result is a center-left mandate for the new administration and Democratic-controlled Congress.   Read the rest of this entry »

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Why We Can’t Compromise On Public-Plan Choice

Posted by James O'Rourke on May 29, 2009

Featured blog entries-CAF

5/27/09 2:45 PM

Jacob S. Hacker Health Care for All 501c(3) health insurance public plan Issues Now!

Of all the components of the health reform package that will be debated in Congress this year, none inspires greater admiration or ire than the idea of “public plan choice.” Public plan choice means simply that Americans younger than 65 who do not have employment-based health insurance should have the option of enrolling in a new public health insurance plan that provides good coverage on equal terms in all parts of the country.

As I have argued at length, by creating a benchmark for private plans and a new means of reining in costs and improving quality, public plan choice is the key to ensuring that health reform provides quality affordable care to all Americans over the long term.

Recently, some policy experts have called for a “compromise” approach that would involve state-based public plans designed to mimic state self-insured health plans. Some have even backed models that simply involve a government contract with one or more private insurers to administer claims. Neither approach would achieve the cost savings nor delivery system changes that a truly national public plan could. Indeed, in an online debate, Stuart Butler of The Heritage Foundation correctly stated that a self-insured nonprofit health plan such as those now run for public employees in many states would be “a public plan in name only.”

A true public plan cannot rely on private insurers to set premiums, provider rates, or terms of coverage, and it must be publicly accountable at the national level. The simplest, most workable, most cost-effective, and most attractive way to achieve these crucial goals is to model the new public plan on Medicare, the successful and popular public health insurance program for the elderly and disabled.

A Medicare-like public plan would be much more stable and secure than other approaches. It would provide the broadest possible choice of doctors. It could be offered throughout the nation on the same terms. It would have the lowest administrative costs. And its bargaining power and large risk pool would allow it to offer the most affordable possible premiums and most effectively restrain costs while upgrading the quality of care. Read the rest of this entry »

Posted in *Healthcare Issues, Issues, Opinions | Tagged: | Leave a Comment »

Medicare For All: The Wrong Answer To The Right Question

Posted by James O'Rourke on May 29, 2009

Featured blog entries-CAF
5/28/09 9:25 AM Joe Paduda
An Economy for All 501c(4) issues now Issues Now!

Jacob Hacker’s enthusiasm for a ‘real’ public plan option is laudable. It also dramatically overstates the strengths of Medicare. I’m not entirely convinced that we need a public plan option, and am even less sure that Medicare should be the basis for a public plan option.
That said, there are at least three solid arguments for a public plan option;
1.) at least one public health provider actually does a terrific job of holding down costs while delivering outstanding care (hint it’s not Medicare);
2.) most markets are already dominated by one or two large private insurers, making it extremely difficult for another private insurer to effectively compete. a government plan may (emphasize MAY) offer more competition which might (emphasize MIGHT) lead to lower costs/better outcomes, and
3.) private insurers have done a lousy job of holding down costs, delivering better outcomes, and servicing their insureds. It is hard to see how a governmental plan could be any worse, and easy to envision much better results.
In my mind those arguments tip the scales in favor of a public plan option, and give the lie to opponents’ arguments against said option.
But Hacker overstates the case for Medicare, and in so doing weakens the case for a public plan option. Specifically, he argues that Medicare has lower administrative costs and does a better job holding down medical trend. I disagree. Read the rest of this entry »

Posted in *Healthcare Issues, Issues, Opinions | Leave a Comment »

SUPREME COURT

Posted by James O'Rourke on May 29, 2009

thinkprogress.org

Right-Wing Hate Rears Its Ugly Head
The radical right wing has launched a vicious campaign of racist and sexist attacks against Judge Sonia Sotomayor, President Obama’s selection to replace the retiring Justice David Souter on the Supreme Court. Sotomayor’s “compelling life story” involves a brilliant legal career after being raised in a South Bronx public housing project by parents who moved from Puerto Rico. Sotomayor graduated from Princeton University summa cum laude, edited the Yale Law Journal, then served as a “fearless and effectiveNew York City prosecutor and corporate lawyer before being appointed to the bench by President George H. W. Bush in 1992. “Since joining the Second Circuit in 1998, Sotomayor has authored over 150 opinions,” only three of which have been overturned by the Supreme Court’s conservative majority. During her time as an appeals judge, “her influence has grown significantly.” Public reaction to the nomination of the first Latina and third woman to the nation’s highest court is “decidedly more positive than negative.” Former Bush adviser Mark McKinnon remarked, “If Republicans make a big deal of opposing Sotomayor, we will be hurling ourselves off a cliff.” However, “the same right-wing extremists who drove the country into the ground,” Salon’s Glenn Greenwald writes, “continue to attack Sonia Sotomayor with blatant and ugly stereotypes.” Right-wing pundit Pat Buchanan called Sotomayor an “affirmative action candidate,” and Weekly Standard editor Fred Barnes claimed she “has benefited from affirmative action over the years tremendously.” As hate-radio extremist Glenn Beck described the nomination: “Hey, Hispanic chick lady! You’re empathetic … you’re in!”

‘WISE LATINA WOMAN’: “[L]ess than 24 hours after President Obama’s nomination of Sotomayor,” right-wing hate merchants seized on a 2001 speech about her Latina heritage and the courts, calling her “a racist” and a “bigot.” In a 2001 speech before the Berkeley La Raza Law Journal’s annual symposium, Sotomayor argued that judges’ gender and race can influence their decisions on gender and race discrimination cases, saying she “would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.” However, she cautioned she owes the parties who appear before her “constant and complete vigilance in checking [her] assumptions, presumptions and perspectives.” Pulling out the “wise Latina woman” phrase, former House Speaker Newt Gingrich attacked Sotomayor on his Twitter feed as a “Latina woman racist.” ”Obama is the greatest living example of a reverse racist,” hate-radio host Rush Limbaugh complained, “and now he’s appointed one…to the U.S. Supreme Court.” Former Republican House member and anti-immigration extremist Tom Tancredo agreed that Sotomayor “appears to be a racist” and called La Raza the “Latino KKK without the hoods or the nooses.” Curt Levey, executive director of Committee for Justice, “a conservative legal group active in judicial nominations,” said that “I wonder whether she knows the difference” between being a Puerto Rican advocate — Sotomayor served on the board of the Puerto Rican Legal Defense and Education Fund in the 1980s — and being a judge. Some of the racist attacks on Sotomayor are simply absurd. Mark Krikorian of the right-wing Center for Immigration Studies blogged on the National Review’s Corner about his outrage over people “[d]eferring” to Sotomayor over the “unnatural pronunciation” of her own name. Read the rest of this entry »

Posted in Politics As Usual | Leave a Comment »

FTC cracks down on robocalls

Posted by James O'Rourke on May 29, 2009

ZDNet

May 28th, 2009

Posted by Jason D. O’Grady

The Federal Trade Commission (FTC) is cracking down on robocalls, those calls to our mobile and home lines that claim “Your car’s factory warranty is about to expire!” If you’re unfamiliar, consider yourself lucky, then listen to sample audio from some of the most egregious robocalls.

The Federal Trade Commission and attorneys general in 40 states are cracking down on the warranty providers, including two in South Florida, and the telemarketing firms they use. Complaints filed by the Federal Trade Commission in U.S. District Court in Illinois target the aggressive automated pitches, which trade officials say violate federal telemarketing laws, and the warranties, which officials charge are misleading.

I had a bad run of robocalls to my iPhone back in April, peaking at about five per week, but they since seem to have petered out almost entirely.

Hopefully the deceptive, automated calls will drop dramatically after 1 September 2009 when the final phase of changes to the federal telemarketing law goes into affect. After that date, only people who have given written consent in advance can be called by automated systems. Unfortunately you’re still likely to receive robocalls from organizations that are exempt from the regulations, including charities and political organizations. Read the rest of this entry »

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A wise person for the court

Posted by James O'Rourke on May 29, 2009

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By Ellen Goodman

May 29, 2009

SO WE FACE the riddle of the wise old man, the wise old woman, and the wise old person.

Sonia Sotomayor, a Bronx-raised and Ivy League-educated “Newyorkrican,” has been nominated to the Supreme Court. What a difference since Ronald Reagan had to reach into a state appeals court to find his “first.” Today the most experienced candidate is the diversity candidate.

Unable to attack her credentials, opponents instantly highlighted a sentence from a thoughtful speech on life as a Latina and judge. “I would hope,” she said, “that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.”

“Reverse discrimination!” cried Rush Limbaugh. “Identity politics!” huffed opponents waving this evidence that her background was her bias, against, of course, white men. They would have been better off reading her entire meditation on what life experience brings to the bench. But that doesn’t happen in a politics of sound bites.

Indeed, Sotomayor was considering a phrase that Justices Sandra Day O’Connor and Ruth Bader Ginsburg have both repeated: “At the end of the day, a wise old man and a wise old woman reach the same judgment.”

Neither justice was denying the importance of more women on the court. O’Connor, after all, praised her successor, John Roberts, saying, “He’s good in every way, except he’s not a woman.” Ginsburg has made no secret of the loneliness of the lone woman. They merely raised the possibility that wisdom is – or can be – an equal-opportunity gift. A wise person.

Nevertheless, this swirling controversy around the third woman and first Latina on the court raises an old question about how much difference diversity makes. Or should make. Read the rest of this entry »

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Terrorism: the new communism

Posted by James O'Rourke on May 29, 2009

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By Dan Payne

May 29, 2009

DICK CHENEY, who didn’t say eight words publicly in eight years as vice president, suddenly won’t shut up. Every day it seems he’s doing interviews and giving speeches on national security, 9/11, and torture.

Torture defined. Torture is having to listen to Cheney sneer his way through a speech on why he and his president were right about everything and President Obama is wrong.

Selling fear. Cheney mentioned 9/11 only 27 times in his recent speech, flatly declaring that Obama was making America “less safe.” But a poll taken after the speech showed 51 percent of Americans disagreed with his wild charge (38 percent agreed). President Obama has a 64-to-31 percent approve-disapprove rating on national security, and the same two-to-one margin on fighting terrorism.

The numbers are good, but if it’s one thing Republicans are good at it’s making Democrats look weak on national defense. Consciously or not, Cheney is attempting to make terrorism the communism of the 21st century.

In 1946, the GOP won control of Congress by painting Democrats as “soft on Communism.” And they’ve been attacking Democrats ever since. Democrats supposedly let the communists take over China, lost Cuba to Fidel Castro, lost Vietnam, and refused to win the arms race against the Soviet Union – which, we’ve since learned, couldn’t even make a toaster.

Seven years ago, Howard Witt of the Chicago Tribune declared, “Terrorism has become the new communism.” Whether it’s the Red Menace or Islamic Jihadists, they represent fear of “the other.” Fighting them leads us into alliances with governments we’d rather not be involved with, like Pakistan. It produces bloated military budgets that take money from American domestic needs. It causes us to forget the lessons of history, such as the French failures in Vietnam or the 15,000 Soviet soldiers who died fighting the Taliban in Afghanistan.

Putting the Constitution on hold. To Cheney, the acid test for an administration is how much of the Constitution and world opinion it is willing to jettison to demonstrate its national security muscle against Islamic terrorists. Obama, Cheney said, wants to make us “more like France.”

Do as I say, not as I do. Cheney, 68 (doesn’t he seem about 80?), never served a day in the military. In fact, he got five deferments during the Vietnam War. Apparently he didn’t feel America needed him to fight the terrorists of his day.

Not in my state. In a way, what’s worrying congressional Democrats over where to house suspected terrorists at Guantanamo isn’t just NIMBY. It’s also that Democrats don’t want to look “soft” on terror by letting those who would destroy America live in a prison in their home state.

Where to put the Gitmo detainees. Accused terrorists accustomed to blazing hot weather in the Middle East might find winters tough in, say . . . Alaska! Fortunately, there’s a spunky Republican governor up there who could keep an eye on terrorists while lookin’ out for an invasion from Russia, which she can see from her porch.

No proof. Cheney declared, without backup, that the Bush administration “prevented attacks and saved lives through the Terrorist Surveillance Program [TSP], which let us intercept calls and track contacts between Al Qaeda and persons inside the United States.”

The TSP sounds like the illegal wiretaps by former FBI chief J. Edgar Hoover, who eavesdropped on the Rev. Martin Luther King Jr., among others, on Hoover’s personal belief that they were communists.

Maybe he didn’t get the memo. Cheney conveniently forgets that 9/11 happened on his watch. The Bush administration even got a memo one month before the attacks entitled “Bin Laden likely to strike in US.”

Proving a negative. Cheney is challenging Democrats to prove a negative – that since we haven’t been attacked since 2001, the Bush policies must be responsible. I’d give him that if he’s willing to take responsibility for the evil doers on Wall Street.

Courting Gitmo. The Supreme Court has ruled that Guantanamo detainees have the right to a federal trial to challenge the charges against them. What do you want to bet this will be part of the hearings for Judge Sonia Sotomayor’s nomination to the high court?

Dan Payne is a Boston-area media consultant who has worked for Democratic candidates around the country. dingbat_story_end_icon1.gif

© Copyright 2009 Globe Newspaper Company.

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Answering Ahmadinejad

Posted by James O'Rourke on May 29, 2009

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May 29, 2009

POLITICIANS the world over indulge in campaign stunts, and Iran’s President Mahmoud Ahmadinejad is no exception. Facing a presidential election June 12, Ahmadinejad seized upon President Obama’s offer to open a US-Iran dialogue as an opportunity to do some electoral preening.

Instead of responding to Obama’s proposal for negotiations, Ahmadinejad said he would debate Obama at the United Nations General Assembly “regarding the roots of world problems.” He added that there would be no discussion, in any international forum, of Iran’s nuclear program. “The nuclear issue is a finished issue for us,” he said.

Ahmadinejad’s dismissal is an obvious campaign ploy, and it calls for a suitably political response. Obama ought to say he has too much respect for the people of Iran to meddle in its presidential election; that is why he will wait until after June 12 to open negotiations, without preconditions, on all the outstanding issues that have come between the two countries.

This would allow Obama to hold the door open for serious talks with Iran while lending credence to Iranian voices calling for a positive response to the US overture. Read the rest of this entry »

Posted in World Affairs | Tagged: , | 1 Comment »

ECONOMY

Posted by James O'Rourke on May 28, 2009

Recovery In Progress

One hundred days ago, President Obama signed the American Recovery and Reinvestment Act (ARRA), a bill designed to jump-start the economy and put Americans back to work. Yesterday, Obama sounded a cautiously optimistic note when speaking about ARRA in Las Vegas. “From where we stand today, the road to economic recovery is still long. … But after four months of this administration and one hundred days of the Recovery Act, we have carved out a path toward progress,” Obama said. According to Recovery.gov, $31.1 billion of the $787 billion package has been spent thus far. Yesterday, White House officials Jared Bernstein and Rob Nabors said that most of the released funds have been spent in the form of middle-class tax cuts, unemployment benefits and food stamps, and federal assistance to states to stop Medicaid cuts. The Congressional Budget Office (CBO) says the rate of expenditure is “consistent with the assumptions” of the CBO and that “ARRA will boost the level of GDP by the end of this year by between 1.4 percent and 3.8 percent.” Although only a small percentage of the recovery funds have been spent so far, the results have helped slow the continued hemorrhaging of the economy.

EARLY SUCCESSES: Data released yesterday showed that consumer confidence jumped to 54.9 in May, the highest since last September. While states are indeed continuing to slash budgets, the recovery package has allowed some states to forgo making crippling cuts in jobs and services. Alabama, for example, plans to keep 3,800 teachers whose jobs were in jeopardy, knowing that stimulus money will be arriving. Funds are allowing Virginia to reduce planned cuts to state colleges from $296 million to roughly $170 million and will help prevent the shuttering of centers serving persons with mental health needs. The much lauded infrastructure investments have also begun. In all, the stimulus package has created or saved nearly 7,700 transportation and infrastructure jobs as of the end of last month, according to a congressional report. “Last year was rough, and this year was looking like it wasn’t going to be any better,” said Ed Shirk of Sunrise Safety, which works on projects in Maryland. “Now it’s a very good spring.” Yesterday, the White House released “100 Days, 100 Projects,” a report touting the 150,000 jobs saved or created so far because of stimulus funds.

LOCAL CHALLENGES: A major challenge in the successful implementation of ARRA is ensuring that states are applying for and spending their allocated money. At a Center for American Progress event last week, Secretary of Education Arne Duncan said that thus far, only 13 states have received their education funding from ARRA. “What’s been a little interesting to me is that states have been slow to apply for the money. … It’s really critical to me that states step up to the plate if they haven’t applied,” he urged. Indeed, several states are still working on getting approval for their recovery funds. “Alaska has made the least progress with just 4 percent of its [transportation] funding approved. States must use at least half of their money by June 30, or they risk losing it,” Pro Publica noted. Virginia has yet to send the Transportation Department its list of road projects. And while ARRA has reportedly created 150,000 jobs nationwide, “no jobs have been created in 17 states, including South Carolina, which has the second-highest unemployment rate in the country.” With roughly 46 states (most prominently California) now facing severe budget crises, efforts by “moderates” like Sen. Susan Collins (R-ME) to strip funding for aid to states were clearly short-sighted and limited the effectiveness of the package, as many had argued at the time. “The federal aid is enough to close roughly 30-40 percent of state budget shortfalls,” the Center on Budget and Policy Priorities noted.

RIGHT-WING GAMES: Conservative politicians continue to play political games with the recovery money. Last week, South Carolina state lawmakers required Gov. Mark Sanford (R) — who has waged a war with the Obama administration over the recovery funds – to seek the stimulus cash he has blocked for months. “Sanford doesn’t believe a federal deadline looms for him to seek $700 million in stimulus money for struggling schools,” according to his spokesman. Alaska Gov. Sarah Palin (R) has signed her state’s new budget but vetoed $80 million in recovery funds, including the rejection of funding for energy conservation. Palin is the only governor to reject the funds for energy conservation. To be sure, the state will still do “very well when it comes to the Recovery Act,” taking in an estimated $1.3 to $1.5 billion. Furthermore, this week, hundreds of Louisianans protested Gov. Bobby Jindal’s (R) refusal of roughly $98 million in federal unemployment benefits for his state. Jindal claims the funds would lead to “higher taxes for businesses.” Not surprisingly, Republican members of Congress have been traversing the country touting the success of stimulus projects they voted against.

Posted in *Economy | Leave a Comment »

How Is Cheney Wrong? Let Me Count the Ways

Posted by James O'Rourke on May 28, 2009

By Ruth Marcus

Wednesday, May 27, 2009; 5:52 PM

Some people think we’re paying too much attention to former Vice President Dick Cheney. I think we may be paying too little. As bracing as last week’s Obama-Cheney face-off was, the inevitable focus was on the current president, not the former vice. And for those of us who are relieved he’s out of office, there’s a tendency to treat Cheney with “there he goes again” ennui. Yet Cheney’s speech at the American Enterprise Institute was so chockfull of faulty arguments and rank misrepresentations that it’s worth taking the time to review them, in their multiple incarnations.

The baseless straw man: “[H]ere’s the great dividing line in our current debate over national security. You can look at the facts and conclude that the comprehensive strategy has worked and therefore needs to be continued as vigilantly as ever. Or you can look at the same set of facts and conclude that 9/11 was a one-off event — coordinated, devastating — but also unique and not sufficient to justify a sustained wartime effort.”

Now Obama has erected his squadron of straw men, but this one of Cheney’s is particularly hollow. There has not been another terrorist attack; therefore, everything the previous administration did must be kept in place. Anyone who disagrees is by definition feckless about confronting terrorism.

But Obama’s speech made clear he understands that “this threat will be with us for a long time, and that we must use all elements of our power to defeat it.” The “great dividing line” between Obama and Cheney involves whether to fight terrorism in a way consistent with the Constitution and American values or to subordinate those niceties to the imperative of self-defense.

The dangerous overstatement, topped off with partisan jab: “The administration seems to pride itself on searching for some kind of middle ground in policies addressing terrorism… But in the fight against terrorism, there is no middle ground. And half measures keep you half exposed… Triangulation is a political strategy, not a national security strategy.”

If there is no middle ground, why place any limits on how enhanced interrogations can get? Why not wiretap all conversations? Why give detainees any legal process at all? Calibrating the proper balance between liberty and security is difficult, and reasonable people can differ about where lines should be drawn. But Cheney’s whatever-it-takes worldview seems to contemplate no tradeoffs whatsoever. Obama isn’t seizing on terrorism for political advantage, like Bill Clinton with welfare reform. He’s addressing a real threat — and cleaning up Cheney’s mess.

The outright misstatement: The interrogations were used on hardened terrorists after other efforts had failed. They were legal, essential, justified, successful and the right thing to do.”

But former FBI agent Ali Soufan offered a completely conflicting account of his interrogation of Abu Zubaida, telling the Senate Judiciary Committee that the injured terrorist was cooperating and yielding important information — the previously unknown role of Khalid Sheikh Mohammed in the Sept. 11 attacks — until other interrogators insisted on stepping up the pressure, at which point Zubaydah clammed up.

A twist on the above, misstatement wrapped in demagoguery: “Attorney General Holder and others have admitted that the United States will be compelled to accept terrorists here in the homeland, and it has even been suggested U.S. taxpayer dollars will be used to support them…. Keep in mind that these are hardened terrorists picked up overseas since 9/11. The ones that were considered low risk were released a long time ago.”

Hard to know where to start parsing the misinformation here. “Compelled to accept terrorists here in the homeland” makes it sound like they’ll be roaming the local malls. I don’t recall Cheney deploying the “terrorists in the homeland” bogeyman when Zacarias Moussaoui, the 20th hijacker, was being tried, sentenced and imprisoned here. As Obama said: “We are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders — highly secure prisons that ensure the public safety.”

U.S. taxpayer dollars supporting terrorists sounds like the 2009 version of welfare queens driving Cadillacs, with about as much truth. As if tax dollars aren’t being spent on Guantanamo? As to the notion that only the “worst of the worst” remain, in fact, courts have ruled — and in some cases Cheney’s administration acknowledged — that there was no legitimate reason to hold 21 of the 241 prisoners currently at Guantanamo; another 50 have been approved for transfer to another country. So the notion that the “low risk” ones are long gone is simply wrong. Ask the Chinese Uighurs who never intended harm to America but have been held without basis for seven years.

The best defense is a good offense: “[T]here has been a strange and sometimes willful attempt to conflate what happened to Abu Ghraib with a top-secret program of enhanced interrogations. At Abu Ghraib, a few sadistic prison guards abused inmates in violation of American law, military regulation and simple decency…. And it takes a deeply unfair cast of mind to equate the disgraces of Abu Ghraib with the lawful, skillful and entirely honorable work of CIA personnel trained to deal with a few malevolent men.”

What radicals have engaged in this slur? Well, a panel appointed by then-Defense Secretary Donald Rumsfeld and headed by former Defense Secretary James Schlesinger, for one. Enhanced interrogation techniques “migrated to Afghanistan and Iraq where they were neither limited nor safeguarded,” Schlesinger’s report found.

Finally, ultimate chutzpah: Cheney assailing the Obama administration for failing to disclose documents. “[A]ll that remains an official secret is the information that we gained as a result [of interrogations]. Some of his defenders say the unseen memos are inconclusive, which only raises the question why they won’t let the American people decide that for themselves.”

Cheney, ardent tribune of open government. Now, that’s rich.

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Posted by James O'Rourke on May 27, 2009

thinkprogress.org
Obama’s Supreme Choice
Citing her “rigorous intellect” and her “commitment to impartial justice,” President Obama yesterday nominated Judge Sonia Sotomayor, a federal appeals judge from New York, to replace retiring Justice David Souter on the Supreme Court. Legal scholars argue that her record suggests similarities wither the man she is replacing. Thomas Goldstein, a Washington-based Supreme Court lawyer, said that both Sotomayor and Souter “seem to fit smack dab in the center-left.” Born into the Bronxdale housing projects in New York City, Sotomayor is now poised to become the first Latina to sit on the Supreme Court. Moreover, Judge Sotomayor brings more federal judicial experience to the Supreme Court than any Justice in the last century. A top graduate of Princeton and Yale Law School, Sotomayor would join the Court as the only member who has previously served as a trial judge. “This wealth of experiences, personal and professional, have helped me appreciate the variety of perspectives that present themselves in every case that I hear,” Sotomayor said yesterday. “It has helped me to understand, respect, and respond to the concerns and arguments of all litigants who appear before me, as well as to the views of my colleagues on the bench.”
REGARD FOR CIVIL LIBERTIES: Throughout her career, Sotomayor has shown great respect for the civil liberties protected by the Constitution. In Papineau v. Parmley, a suit brought by Native Americans who were beaten, dragged by their hair, and choked by police in order to break up a peaceful protest, Sotomayor held that the Constitution has no patience for law enforcement officers who disrupt peaceful protest with violence. Similarly, in Ford v. McGinnis, Sotomayor held that a prison could not deny Muslim inmates their First Amendment right to participate in the traditional meal celebrating the conclusion of Ramadan merely because prison officials determine that this traditional celebration was not sufficiently important to Muslims. And in Malesko v. Correctional Services Corporation, she held that a privatized prison corporation can be held accountable for unconstitutionally subjecting their inmates to cruel and unusual treatment. These cases represent a marked change from the decisions of right-wing judges favored by President Bush. Indeed, five conservative Supreme Court justices voted to reverse Sotomayor’s decision in Malesko, holding instead that the prison industry is immune to liability under the Constitution. Sotomayor’s civil liberties opinions are also a drastic departure from those of conservative justices who believe that Guantanamo Bay is a Constitution-free zone.

EQUAL JUSTICE UNDER LAW: Sotomayor has shown that she believes that laws intended to protect children, workers, minorities, and the disadvantaged cannot be ignored by the courts. “I strive never to forget the real-world consequences of my decisions on individuals, businesses, and government,” she said yesterday. Dissenting in Gant v. Wallingford Board of Education, Sotomayor refused to join a decision by two of her colleagues that stripped a public school student of his basic right to be free from racial discrimination. Ray Gant, Jr. was the only African-American child in his first grade class when he was suddenly demoted back to kindergarten. Although the evidence showed that white students were provided with “compensatory education, testing or transitional classes” before they were demoted to a lower grade, Gant was denied these opportunities. Rejecting the majority’s decision to throw Gant out of court before a jury could even hear his case, Sotomayor stood up for the same basic principle announced in Brown v. Board of Education: “Ray was entitled to an equal opportunity to learn.” Similarly, Sotomayor has stood up for the right of the disabled to continue working, and she has reaffirmed the basic truth that courts “do not cut corners” in habeas cases.  Indeed, AFL-CIO President John Sweeney praised her as a judge who “has enforced the right to be free of all types of discrimination in the workplace, to be paid the correct wages and to receive health benefits to which employees are entitled. She has recognized that persecution for union activity can be a basis for granting asylum in this country.”

THE SMEAR CAMPAIGN BEGINS: Right-wing groups have already begun distorting Sotomayor’s record. Pat Robertson’s Christian Broadcasting Network admitted that the conservative case against Sotomayor rests on a single out-of-context quote taken from a YouTube video. Motivated in no small part by a desire to stir their donors to pour money into right-wing coffers, conservatives have questioned Sotomayor’s intellect, despite the fact that she graduated at the top of her class from Princeton University. They have accused her of “judicial activism,” despite being unable to cite a single case where she ignored the law. They have also attacked her for refusing to twist the law in order to benefit white people.  Indeed, right-wing attacks on Judge Sotomayor has been so strident and unhinged that even the RNC refuses to risk “political peril” by joining their smear campaign. According to talking points leaked to the media, the RNC claims that it “will reserve judgment” on Sotomayor “until more is known” about her judicial record.

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