
Dan Froomkin has been asking all the right questions the last couple of days, including a fantastic column today on NeimanWatchdog on the issue of Presidential Signing Statements:
There are crucial questions for the White House, for Congress, for Congress to ask the White House, and for reporters to ask every Congressional candidate before the November election."I think one of the important things here is for reporters to apply their journalistic instincts to this story," says Phillip Cooper, a Portland State University public administration professor. Cooper’s seminal scholarly article on signing statements appeared in the academic journal, Presidential Studies Quarterly, last fall.
Cooper wrote that the Bush White House "has very effectively expanded the scope and character of the signing statement not only to address specific provisions of legislation that the White House wishes to nullify, but also in an effort to significantly reposition and strengthen the powers of the presidency relative to the Congress."
In fact, many of the objections the White House has raised in signing statements seem to be less about the specific legislation at issue and more about consistently resisting any limitations on executive power. For instance, any bill that requires a report to Congress sets off a signing-statement tripwire.
This is exactly right, and these questions desperately need asking by each and every reporter on the beat -- and by everyday Americans who ought to require answers from their elected representatives and from their President. Froomkin documents the paltry coverage given this issue by other news organizations, beyond the substantial digging that Charlie Savage has been doing for the Boston Globe. (For which he deserves Pulitzer consideration for keeping this issue alive in the face of so much malaise from the rest of the blinders-on media crowd.)
There has been a lot of work on this issue in the blogs, but not so much in the media, and I would love to know why that is. Because it's a difficult issue to explain to people without a legal background? Nah, I don't think so -- we talk about it here all the time, and we have hordes of non-legal readers. Because the media sees it as a non-sexy story? Maybe. But isn't it worthy of digging when the issues of separation of powers and the Constitution are threatened by continued assault and the pressing of a unitary executive theory above and beyond any prior Presidential power grab? I think so...but then, I've blogged this issue a lot in the past.
Froomkin's WH Briefing today includes a fantastic quote from Bruce Fein, former Assistant AG in the Reagan Administration and no liberal (I can recall wanting to throw things at the teevee whenever Fein was on testifying during the Reagan years, frankly). In this, though, Fein is spot on:
Bruce Fein, a Republican legal activist, who voted for Bush in both Presidential elections, and who served as associate deputy attorney general in the Reagan Justice Department, said that Addington and other Presidential legal advisers had 'staked out powers that are a universe beyond any other Administration. This President has made claims that are really quite alarming. He's said that there are no restraints on his ability, as he sees it, to collect intelligence, to open mail, to commit torture, and to use electronic surveillance. If you used the President's reasoning, you could shut down Congress for leaking too much. His war powers allow him to declare anyone an illegal combatant. All the world's a battlefield -- according to this view, he could kill someone in Lafayette Park if he wants! It's got the sense of Louis XIV: 'I am the State.' (from a New Yorker piece not yet available online)
"L'Etat, c'est moi." That's exactly what we fought to get away from during the American Revolution and I, for one, am not eager to go back to it.
The Bush Administration is vociferously protesting the belated revelation of the banking surveillance program that may be the worst kept secret in history, given how much the Treasury Department and the AG's office were trumpeting money tracking capabilities in the wake of 9/11. What they mean to say, is that they are sorry that it has been fully exposed to public scrutiny and sunshine, because it is but one further example of this Administration digging into American's private records, without assuring that privacy considerations were also being protected adequately. Again, from Froomkin:
As far as I can tell, all these disclosures do is alert the American public to the fact that all this stuff is going on without the requisite oversight, checks and balances.How does it possibly matter to a terrorist whether the government got a court order or not? Or whether Congress was able to exercise any oversight? The White House won't say. In fact, it can't say.
By contrast, it does matter to us.
This column has documented, again and again , that when faced with a potentially damaging political problem, White House strategist Karl Rove's response is not to defend, but to attack.
The potentially damaging political problem here is that the evidence continues to grow that the Bush White House's exercise of unchecked authority in the war on terror poses a serious threat to American civil liberties and privacy rights. It wasn't that long ago, after all, that an American president used the mechanisms of national security to spy on his political enemies.
The sum total of the administration's defense against this charge appears to be: Trust us. Trust that we're only spying on terrorists, and not anyone else.
But what if the trust isn't there? And what if they're breaking the law?
That's why it's better to attack. It makes for great soundbites. It motivates the base. And perhaps most significantly, it takes attention away from Bush's own behavior.
Exactly right. Which is why TRex's post was so on-the-money the other day. To Dems who are wondering how to respond to this idiocy, I have but four words: Attack. Attack! Attack! ATTTAAAAAACK!!!!
There is no monarch in this nation, simply a citizen who is elected to the Presidency for either four or eight years, and then to return to regular citizenship. We would all do well to remember that -- and to treat George Bush accordingly. He is not a King. And we should not treat him as such.
The laws apply to everyone. And no amount of Rovian smokescreen can obscure this fact: the nation is not so happy with George Bush at the moment. So let's tie the albatross that is the stinking Bush Administration and the do-nothing Rubber Stamp Republican Congress, with all their attendant corruption and cronyism, around the necks of every member of the GOP up for election this fall.
Had enough?
(I found this illustration on ReidBlog, and it's hilarious. The Tony Blair jester holding the King's robes is priceless.)
UPDATE: Counterterrorism Blog has more. The ACLU has some information up on the Congressional hearings on Presidential signing statements. Glenn has more on the GOP press lynch mob for political posturing.
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Fitz, Froomkin, and Fighting Back!
Attack!! Damnit.
And the louder the attack, the better. The time for “quietly suggesting” and “excuse me” is over.
ATTAAAACKKKK!
TRex!
http://www.bgladd.com/Bush_Mal....._TWICE.jpg
De l’audace, encore de l’audace, toujours de l’audace!
The question we should be asking all our representatives, Democratic or Republican:
What is your plan to restore Constitutional government? (first try)
And if they boggle, or look perplexed, or don’t have a plan, well, they’re part of the problem, aren’t they?
from today’s LA Times: Why We Ran the Bank Story
They apparently got quite a lot of grief from the right-wing readers.
The Constitution gave Bush a signing statement he has refused to use: the Veto.
If the dems retake control of Congress in November, Addington’s next task will be to prepare the legal brief defending Bush’s signing statements, because as sure as God made little green apples, there will be a challenge to this nonsense (led, I’m betting, by Henry Waxman).
I’d just love to see Scalia and the Solicitor General going round on this one.
Scalia: If the bill in question contains the unconstitutional provisions that the signing statement maintains that it does, why did the President not use the tool the Constitution provided to him: the veto?
SG: Uh, uh, uh . . .
Still, why the silence in the mainstream press? No good pictures for TV, and the papers have to have the space on page one for the missing white women stories.
Fitz! Froomkin! Christy!
Redd
you go girl!
Congress has jealously withheld from the executive branch the line-item budgetary veto, yet it seems prepared to concede line-item legislative veto power with barely a whimper. “Signing statements”are none other than selective slice-and-dice of legislation, ergo are assertion of line-item legislative veto power.
Arlen Specter appears to be mounting an examination of Bush’s affection for the line-item legislative veto. Unfortunately everything we know about Specter suggests this will turn out to be sham.
Specter suggested today that he’s unsure how Congress could respond to executive intransigence over Bush’s new-found surgical veto powers. Is it possible to have a sotto voce constitutional crisis? Perhaps if we listen hard enough we might find out.
On the banking story, I recall hearing on the news last night (source unclear in my head Milbank on Olbermann/MSNBC, perhaps?) that once the WH figured that the NYT was going to run the story, they began leaking it to a couple other papers, to ruin the scoop (like the WaPo).
If Bush goes after the NYT, I’d love to see the Times defend itself by saying “Gosh, if this was so critical to keep secret, why were your officials leaking it to our competitors?” Take the next step: in discovery for trial, the NYT asks for emails, phone records, etc. of WH spinmeisters, and also the WaPo reporters who wrote their stories. “We’re trying to show a pattern of politically-motivated leaks here, because we all know this trial is not about security. It’s about politics.”
Wouldn’t that be a scream? The Times asking for records from the Post? Does the Post refuse, because this is a competitor, or do they agree with the logic of the NYT and provide the records, to shut down the WH attempts to muzzle the press?
The Press has got to realize that they aren’t observers in the political wars being fought. Like it or not, they are in the cross-hairs, and unless they start picking up on stories like the signing statements, the executive power grabbers are going to take them down hard.
Glenn Greenwald has an absolute must-read post on why the Bush/right attack on the NYT is so dangerous, and unjustified. He links to quote after quote of how Bush himself disclosed the major elements of the various surveillance programs and bragged about how much his Administration was doing to track terrorists, including steps to “follow the money.” Then he argues for why the media needs to be doing this and why calling the press traitors is inimical to constitutional principles.
http://news.yahoo.com/s/ap/200.....controls_2
Arlen Specter appears to be mounting an examination of Bush’s affection for the line-item legislative veto.
Arlen Specter is as significant as boil on Karl Rove’s butt. An irritant now and then, that goes away with a little Preparation W.
OT, but rather than be EPU’d:
Cleter:
Re the Confederate flag (which one, the battle flag or the flag of state?), and Jefferson Davis - my great-great-granduncle was on the patrol of cavalry who caught Davis. Davis was spotted among a group of civilians including women. One of the troopers wondered why one of the women was wearing some very expensive cavalry boots. Once questioned, Davis, who was also wearing a dress in most versions, admitted to who he was and surrendered. Most versions also say he had an American (not Confederate) flag wrapped around him inside the dress. A few versions also have Davis wearing a money belt full of gold.
It is infuriating that the mainstream press has failed to comment on the simple fact that this administration’s legal reasoning, if taken to a not too distant conclusion, would allow the President to suspend elections in 2008 if he concluded as commander in chief that a transfer of the presidency would pose a threat to national security. And if a Democrat is elected in 2008, how could national security NOT be threatened by handing the White House to him/her? I would say the possibility of such a despotic move is remote, but it sure as hell ain’t as remote as it was 5 years ago. And that is the danger of the theory of presidential power put forth by these assholes– it has no theoretical limits.
Great post Redd. Not only should the media be on this, the Dems should never cease shouting about it — except for when they shout about numerous other times that this administration broke the law.
Sorry, the link I posted at #14 is to what happens in China when their press publishes information the government doesn’t want its citizens to know. I had posted it in a comment at Glen’s Unclaimed Territory.
Here is the Glenn Greenwald link, I hope:
http://glenngreenwald.blogspot.com/
the senate judiciary committee had a hearing this morning on the use of signing statements. but, i didn’t see it on cspan…. does anyone know if it will be possible to watch (or listen) to it anywhere?
i want to know how the dems handled it this time (did they even show up?)….
OT somewhat but FWIW -
WFAN NY/YES Cable Network ‘Mike and Mad Dog’ are at Fenway for Mets v RedSox. Had discredited ‘plagiarizer’ Mike Barnicle (dependable Red Sox fan) on…after covering the usual, Barnicle was asked about POLITICS!
Said, Dems are in disarray. No cohesive msg. May not take either House. BUT, asked if Pres. can ‘get back in the good graces with the country’ - he went straight to Siskind’s book (even went so far as to spell out author’s name for everyone’s info…) and said ‘It is SCARY!’ and ‘the Pres would be great to watch a game with, but is working out of his league’ (ie ’smarts’) Is that the thrust of ‘One-Percent’? He mentioned the memos published in the book as damning.
anyway…
Ed*ward T—did you get my e-mail?
Jeff in Texas — Is the possibility of nullifying the elections truly remote? I agree it is becoming less improbable, though it’s hard to measure in this era how strong the nation’s institutions really are. There are clearly reasons to be worried.
It is not just the extreme unconstitutional theories about unlimited executive power being put forth that create the danger. It is also that these notions are being justified by the demonization of an enemy as both sub- and super-human, along with the propagation of excessive fear. And it also the likelihood that as the Iraqi occupation sours, and Iraqi spirals into chaos, the anger on the right against the left for “causing us to lose the war” could well promote civil unreast. Combine that with the viciousness and hatred we are already seeing directed at the NYT and anyone else who questions the Administration view of national security, and you have a potentially explosive situation.
We need very sober, wise and courageous leaders right now, and I fear there are not enough.
CHS - you really need to check out the NewYorker interview with Jane Mayer about the article she has coming out on Addington - Fein may get me upset at times too, but he has more guts than almost anyone else out there.
He tells Mayer, for attribution, that Addington is an “adequate lawyer.” Dang he’s good.
BTW - the flagburning amendment “The Congress shall have power to prohibit the physical desecration of the flag of the United States.”
When is that power supposed to kick in? Bc as we all know, Congress has no power during war times, and heck if we don’t have a Global war on terror that can’t really be won for few days.
As a matter of fact, has anyone checked with Dick Cheney to see if Congress isn’t helping the terrorists by pretending to have the power to make laws and things while we are at war?
btw - I wish I had legal training so as to not leave things out…
1) I don’t think Barnicle was fairly fired for the ‘alleged’ plagiarizing. Irish Bostonian caught in shady situation HAD to be let go in light of other ‘indiscretions’ by others w/same result.
2) Mention of Suskind’s work on that outlet may give a sales bump to the book, and otherwise raise awareness of same.
—–
That is all…
Just moving stone, maybe.
Christy,
I agree that it’s completely mysterious that the press seems so opaque to separation-of-power issues. These are the basic issues that the country was founded on, and the balance of power between the estates has enabled us to survive many things far more significant and dangerous than the current terrorist threat. You know, like the Civil War, WWII, the nuclear confrontation that threatened Armageddon.
Why have the press let us down?
I think that one reason may be that reporters hate Congress. It’s extremely difficult to cover well, the procedures are Byzantine at best, and extremely few congresspeople are appealing characters in any way. People in general hold Congress in even lower regard than the current President, and that’s not just a recent thing. People see Congress as a bunch of bribe-seeking blowhard rich white troglodytes — not to put too fine a point on it.
State assemblies are held in even lower regard than the Congress.
So, you couple a general, deep-seated antipathy of Congress with a supercharged infinite-budget spin machine in the White House, and you end up with our current situation. I mean, the White House Press Correspondent post is a charade, but at least it’s a charade that has a timetable and recognizable characters.
Not saying it’s right, by any means — but turning the press around to start caring about Congress again, and their relative power, is going to be extraordinarily difficult.
The billionaires & deep-pocket corporations who own major print media don’t make sense in any of this. These folks play lapdogs to Bu$hInc to get access, tax breaks & some forms of business mojo. Then Bu$hInc slaps them around like silly little bitches, in public. All this as the readers & subscribers walk away by the MILLIONS. Who’s doing what to whom in this clusterfuck?
I love it. The NYT does what it’s supposed to do (instead of the usual institutionalized suck-up). But because the results are “inconvenient” for the public to know, Bush goes ballistic and calls the coverage disgraceful — even as he’s talked about terrorist monitoring efforts all along. His swagger and hypocrisy are breathtaking.
CHS
Unfortunately I did throw things at the TV when watching that little shit testify. He is spot on but it is also exasperating considering all the things that went on in the 80’s.
Is it possible for Congress to outlaw signing statements?
I realize the Rubber Stampers won’t, and I’m sure it would need a veto proof majority to make it happen, I’m just wondering if they can do it.
Eric Boehlert subbing for Eric Alterman — a good read:
http://msnbc.msn.com/id/13554357/#060627
OT - from yesterday - A Question That Needs Answers…
Here is a talking point - the money used to pay Rove to be spinmeister for the rethugs could be funding a couple of FBI agents working counter-terror
“Is it possible for Congress to outlaw signing statements?”
Sure. And Bush would sign the bill, then sign a signing statement saying he won’t follow it because it “impinges on the constitutional powers of the unitary executive.” That is why this has been called a “constitutional crisis.”
I just wish that ONE time Congress would discover that Bush circumvented a congressional law and followed his own “signing statement”…and then got the matter into the courts. I think even conservative judges would be hard pressed to justify such actions.
And, this is sort of related, I’ll fit it in here. Something which has been on my mind for a few days. By EVERYONE’S account, this WH is the most secretive, tight-lipped, closed-mouthed outfit in history. More “security-conscious” than any other WH in history. Now then…..
Let’s go back to…?December, 2005? Back when the first revelation of eavesdropping went public. The WH, including Bush, had a FIT. Since then, we’ve had discosure after disclosure after disclosure on intrusion into privacy arenas. Each time, the WH has a tantrum.
And yet…the leaks keep rolling right along! And, these massive leaks coming from that “most-secretive” WH! I’m beginning to ask “what’s wrong with this picture?” The iron-clad WH is incompetent in stopping 6 or so months of MASSIVE leaks? Leaks which, according to the WH, endanger our GWOT!!??
I don’t have any answers…and my train of thought now starts going off into tin foil hat land…but something is just not “fitting together” for me. Oh well.
Ghostman
Mary — the signing statement Bush would attach to any Congressional Act banning the desecration of the flag would be written on . . . the flag. Any everyone would just salute!
I’m delighted to see that the signing statement controversy finally has begun to percolate throught the M$M filter. But I still can’t help wondering why legions of lawyers haven’t decended on DC to set Abu, et al, straight.
Reduced to its essential form, the legal profession functions as the mediator of the state’s near-monopoly on violence. If the present trend continues, the legal profession might find itself disintermediated out of existence because the state will simply exert its violence against anyone it cares to for whatever reason (or lack of one) it sees fit.
Put more simply, why would I hire someone to help with interpretation of the rules when there aren’t any rules to interpret?
Thanks scarecrow, I was drawing a blank when that question poped up in mind. I knew there was something out there, I just couldn’t connect the dots.
There is no such thing as an illegal combatant.
This is a hoax, a fraud and a orwellian doublespeak.
Where are these “signing” statements published?
Are they part of some law, regulation, statutes or what? Are they in the Holy Book of Executive Orders?
scarecrow @ 11:50 am (#19) - Here’s the direct link to that Glenn Greenwald article:
http://glenngreenwald.blogspot.....-free.html
Speaking of Greenwald, I’m finally getting around to reading HWAPA, and I must say I wish my Senators and congresscritter had a copy.
there is no orwellian doublespeak.
there is only the doubleplusgood wisdom of dear leader . . .
We must all love Big Brother. When do we get our Lubyanka Breakfast?
I am amazed, flabbergasted, stupefied, that this president is still in office. That’s all.
Birdman @ # 32:
“the money used to pay Rove to be spinmeister for the rethugs could be funding a couple of FBI agents working counter-terror.”
The FBI agents and money spent by Ken Starr on investigating Bill Clinton WOULD HAVE PREVENTED 9/11!!!!
RBG,
I did get your e-mail and also Michelle’s. I’ll be in touch by Thursday afternoon, once I get another house party for a local candidate out of the way. The week of the 24th - 28th will have lots of evening holes in it.
ck#15 L–M–A–O!!!
The Constitutional Crisis has been of long duration. It began with the Clinton impeachment (or perhaps even earlier if you count Iran-Contra) went through two tainted Presidential elections and has included suspension of habeas corpus and due process not only with non citizens in Guantanamo but with the American Padilla. It has been marked by signing statements, attacks on an already largely complacent press, the bypassing of FISA with NSA wiretapping, and most recently the Treasure Department SWIFT searches. There has also been the condoning of torture and secret prisons in contravention of both international treaty and the Geneva Conventions, as well as the US Constitution. And there has been the perversion and manufacture of intelligence to initiate an otherwise illegal war.
This is a criminally minded Administration for whom the rule of law means doing what they say. These are people who will go to great lengths to protect the flag but have no compunction in burning the Constitution. If Clinton had done these things, even now he would be sitting in a cell in Leavenworth.
ET, that’s great. We’ll make one of those evenings work.
BushCo should be kissing NYT butt for allowing it to have its illegal war. WTH are they complaining about??
Oh–and don’t anyone forget that the signing statements were Sam Alito’s IDEA.
Go Lamont!
If congress did a law prohibiting signing statements, Bush would issue a signing statement that the law does not apply to HIS statements.
hahahahaha
The FBI agents and money spent by Ken Starr on investigating Bill Clinton WOULD HAVE PREVENTED 9/11!!!!
Maybe so; but which is the greater threat to American Civilization — The Clenis, or 9/11?
Obviously, The Clenis is the greatest threat — 9/11 is a right winger’s wet dream, that transformed Preznit Clusterfuck into Commander Codpiece, hero of the NRO and Liberator of Iraqi petroleum.
OM #47:
Which is why the NRO thing is so silly. The junta needs outlets with a veneer of respectibility so that it can get stuff leaked when it needs to.
NYT and everyone else needs to call them on this bull.
It’s not that money is being tracked that is a secret - and the terrorists already know that money is being tracked.
It’s not that SWIFT is and has been asked for cooperation that is a secret - the terrorists already know that there is banking services cooperation.
It’s that for five years thousands and thousands of transactions have been accessed based SOLELY ON ADMINISTRATIVE SUBPEONAS that have never been and will never be reviewed by a judge or Congressional committee and that are operating completely independent of any checks, balances and oversights that is the “secret.”
I didn’t pick that up at all from the soundbites (thanks to BarbB I went back and read the nitty gritty).
Checking transactions makes all the sense in the world and I think we have all been assuming and expecting that this is being done. Early on there was discussion of going after faux charities that are acting as money laundering conduits That just isn’t a secret - the UN has had reports filed I beleive talking about use of SWIFT for anti-terrorism activities.
The “secret” is that what is getting pulled and why has been going on unchecked for five years as solely a unilateral Executive Branch troll through records and what is done with the information that is NOT terrorist related — well, what is done with that? Out of the thousands of transactions they are requesting from SWIFT - based solely on unilateral requests not subject to any Judicial oversight and review - any chance that one or two might not be terrorist related? What happens to that info? No checks, no balances, no oversight.
And apparently with complete unfettered access to AT&T, emails, phone calls, financial information, NSLs with gags, etc. — Fred is still missing.
Remember Fred? Fred’s my name for the 9 Billion from the GAO report that got “lost” in Iraq one year. Let’s face it - 9 Billion doesn’t get lost, does it. It gets stolen. All that power, and no one has found Fred. Fred’s a lot bigger than a bread box too. Fred’s bigger than bin Laden. Fred’s even bigger than bin Laden AND Cheney together. Stacked in small denominatios, Fred takes up more space than the Boeing tanker that Rumsfeld and Perle and GWB brought us, although Fred is a little brother to the tanker costs.
In any event, the secrets all along have not been that al-Qaeda calls are being tapped, but rather that the 4th Amendment and FISA were being violated;
not that classified information was being leaked, but rather that Bush himself was cherrypicking misleading info to personally participate in illegal propagandizing of Americans, using the NYTs and Judy Miller;
not that financial transactions are being traced for terrorist funding links, but rather that access to all financial information has been turned over the the Executive Branch with no oversight, checks and balances purusant to “administrative subpeonas” that for five years have never had a formal introduction to a court or Congress.
Of course calls are being tapped, some mail opened, some people followed, some financial transactions traced, some satellite surveillance used, some backgrounds of individuals traced, some files kept.
The “secret” that is being revealed is that all of this is being done on a massive scale with no oversight by the same folks who use Target receipts to commit crimes and manage to lose millions of veterans personal data and started a war on ginned up info.
And that the Constitution is being routinely raped by a WH cabal.
Hey Congress - how about sponsoring an amendment that allows you to act to Prevent Desecration of the Constitution.
And how about putting Fred’s pic on some milk carton’s while you’re at it.
Or just ask Dick where he is. If, despite SWIFT and AT&T etc. , Dick can’t tell you - you need to impeach him and move up the food chain.
Ghostman — this may be about Administration incompetence, but I see more.
The Bush folks have been steadily building the case for going after the press, hard. In the NSA revelation, they were somewhat constrained because it was more apparent that the scope of the NSA program violated an express statute (FISA)and the 4th Amendment. But they still made the argument that the press was undermining security and did not back off. They’ve made it each time something else was reported and each time the response from the right has been more angry and threatening.
Now, the NYT article on the “follow the money” through the banks arises, and it is in an area where legal authority is less suspect in the abstract and many more agree on the program’s necessity in the abstract (except for the “are they abusing this too?” argument).
The WH has seized on this opportunity, not because it represents any real threat of tipping off the bad guys but because it can be used to engage and enrage the faithful. The WH has unleashed a carefully orchestrated, full scale attack on the patriotism and legitimacy of that portion of the press most likely to retain some independence and investigative power, and the right/pundits are in full battle cry.
That was the strategy, I suspect. Engage and enrage the faithful, discredit the critics (shades of Wilson/Plame)and intimidate everyone else. That is why Glenn Greenwald’s post is so important, along with the work Christy/Jane and other progressive bloggers do on all of these issues.
As i see it, there is a very serious political warfare going on, and this is a deliberate and major offensive on the other side. Much can be lost if we don’t respond well enough. JMO.
Ghostman
Yeah, funny that. Why now all the leaking–is it full on mutiny in the ranks? Are there things even more sinister in the works? Because the increase in presidential power has not been opportunistic, it has been a premeditate attack that has been going along according to plan right under the noses of the media and the american people.
Sumpin’ smells.
Attack of the TRex lambs
Ghostman (34) may be on to something.
Is the WH so incompetent they can’t stop the leaks? Or are there officials within the Administration so appalled with what’s going on, they can’t help themselves from talking? Or, do they really hate W/Cheney that much that they’ll just keep stabbing them in the back with these leaks?
I don’t have any answers either. I suspect though, that the leaks aren’t intentional. If this story has any legs, it could mean the end of this administration. To my mind this IS a Constitutional crisis, and with any luck after November, we may start hearing the I word again.
Cujo359 — thanks. As you can see, I’m link challeged. And I agree with doing another book run to Congress with Glenn’s book.
Take a look at the link to Glenn’s article in the update above — the leaker on this program for months and months has been the Leaker-In-Chief. The faux outrage is beyond hypocritical.
As I recall it was in the interests of national security to spy on our allies in the United Nations prior to the big vote on war with IRAQ.
Based on that kind of reasoning we can spy on anyone anywhere anytime. It’s for their own good.
RBG,
found the time to e-mail some details to ya….
Timing…Yeah, remember when they tried to do this with the secret prisons leak.? It was blown off the papers by the Dubai deal. Guess they had to wait to float it again.
Add OT–did anyone hear what Rush said on his radio program today? Heard it on MSRNC. He said he told the inspectors that he bought it at the Clinton Presidential library. Priceless.
I’ve wondered who the FISA courts are for since they don’t apply to the admin, I mean do the FISA courts exist in case I want to get a warrant to wiretap someone?
Mary’s post reminds me: everyone in the MSM, left and right, always links the Plame investigation with Bush’s crimes against the Constitution. That’s completely bogus and here’s why:
Limits on the First Amendment have always taken the form of CLEAR AND PRESENT DANGER. The ubiquitous example is yelling “Fire” in a crowded theater. Free speech that directly endangers lives is not permitted. Thus the law preventing the outing of CIA agents–this presents a clear and present danger to the agents and those working with them.
What BushCo is whining about the NYT revealing IS NOT a clear and present danger.
Wish I could rely on the Supreme Court to uphold such precedent.
Hugh at #45:
This is a criminally minded Administration for whom the rule of law means doing what they say. These are people who will go to great lengths to protect the flag but have no compunction in burning the Constitution.
Yes.
OT: A little laughter through the tears, Buchwald on Rather’s departure from CBS:
http://tinyurl.com/sx5xg
Not all the swiftboaters work for the RNC.
#61–You mean, the Viagra???
That is gold. Send it to the Daily Show.
Please excuse me for jumping in like this (t-storms have had me offline so far this afternoon), but on my way here I checked the PB and Ft.L. papers for Rush updates. The Sun-Sentinel has one; here’s the new news:
This is off topic, but it relates to George W. Bush’s impacts on our legal system, and to a notorious case of Democrats failing to ATTAAAACK at the right time.
The U.S. Supreme Court yesterday, by a 5-4 vote, reinstated the Kansas death penalty, overturning a 4-3 decision by the Kansas Supreme Court that the state’s death penalty statute was unconstitutional.
The Topeka Capital-Journal writes,
“The decision, however, was split 5-4, with new U.S. Supreme Court Justice Samuel Alito apparently breaking a tie in the case. It wasn’t clear how his predecessor, Justice Sandra Day O’Connor, would have sided.”
Read about it here: http://cjonline.com/stories/062706/leg_death.shtml
One thing is certain, however: if the U.S. Senate had not confirmed the Alito nomination, he would have not been on the court to cast that deciding vote. And a different appointee, even though a conservative, might have had a different philosophy on the death penalty than Clarence Thomas and the four justices, including Alito, who joined him on this decision.
Twenty-five brave Democrats joined in voting to defeat the cloture motion that allowed the Alito nomination to proceed and be approved. The remainder of the Democrats did not vote to block the vote (one, Harkin, did not vote; the others voted for the motion). Thanks a lot, Joe Lieberman and friends who voted for cloture(sarcasm intended).
The Supreme Court decision in the Kansas case is expected to help Kansas attorney general Phill Kline in his re-election bid this fall. His opponent in that race also supports the death penalty, but Kline argued for the state in the death penalty case, and will presumably use that fact to make himself look tougher to pro-death penalty voters.
On an unrelated issue, Kline is also widely known for trying to subpoena the personal medical records held by abortion clinics on women who received abortions.
Seems as if Bush is trying to keep secrets from Americans and Congress rather than terrorists.
Check out this signing statement interpretation:
“March 9: Justice Department officials must give reports to Congress by certain dates on how the FBI is using the USA Patriot Act to search homes and secretly seize papers.
Bush’s signing statement: The president can order Justice Department officials to withhold any information from Congress if he decides it could impair national security or executive branch operations.”
http://www.boston.com/news/nat.....tatements/
OT, but I’m wondering if there are any updates on Net Neutrality today?
The Anchorage Daily Snooze finally printed my Ann Coulter letter. You can find it here:
http://www.adn.com/opinion/let.....8816c.html
scroll down to “Coulter book shouldn’t have been displayed so prominently in paper”
More laughter, guilt-free - Wolcott looks at Rush, manages to keep his lunch down:
http://jameswolcott.com/archiv.....ks_his.php
Ghostman #34 - We are the frogs in the tepid water, and they’re slowly turning up the heat.
Mary at #52:
The “secret” that is being revealed is that all of this is being done on a massive scale with no oversight by the same folks who use Target receipts to commit crimes and manage to lose millions of veterans personal data and started a war on ginned up info.
Wow. Too bad you don’t have any humor. ;)
weeder at 68 — no updates on any vote as yet. I have been hearing that Stevens and Innouye and several other Commerce COmmittee members have been meeting off an on the last couple of days. That the Snowe/Dorgan Amendment looked like it would pass, and that Stevens was thinking of putting a vote off indefinitely rather than have his position voted down in committee. I’ve also heard that Sen. Ron Wyden (D-OR) has said that if something does pass the committee that isn’t fully supportive of net neutrality, that he has told constitutents he will use an indefinite hold to keep it in committee. But I haven’t gotten confirmation on any of this from individual staffers from Dems on the Committee — nor have I seen any official announcements. But I’ll let everyone know when I hear anything for sure.
Is the WH so incompetent they can’t stop the leaks? …
I suspect… that the leaks aren’t intentional.
George Lakoff says we do ourselves a disservice by calling BushCo incompetent; it let’s them off the hook for their malignant crime spree.
And I’m not sure the leaks aren’t intentional.
An old CIA trick is to flood the media with dis-information, so that the truth is buried in plain sight.
The MSM can barely report one story at a time, and the shiny bauble of Missing White Women or Flag Amendments easily distracts them.
When all the news is bad for BushCo, the easiest way for them to escape the consequences is to pump so much news out there that the MSM forgets the original story.
Remember Karl Rove’s lost power point presentation? Neither do I — but I do remember that it distracted the Media coverage of the “Bush Knew about 9/11″ reports in the Spring of 2002.
Wyden will hold the bill if it isn’t strong enough on Net Neutrality
Bush got the Clash song all wrong - he thinks it goes like this:
“I am the law, and the one law”
Did some die and leave Gee Whiz Clusterfuck in charge of both the legislative and the judicial branches? Did I miss a meeting? WTF no memo, email? I would have sent flowers.
Signing statements: activist executive legislating from the oval office.
Am I the only one who’s really hoping that “The New York Times” really does get hit with treason charges? Don’t get me wrong–I think they’re totally in the clear on this, but I’d love to watch the trial. Discovery alone would be a bonanza. And I think the press would FINALLY stop allowing themselves to used by Karl Rove et al.
I’m sorry, I meant to say OUR Ann Coulter letter in #69. It is the letter they rejected earlier because I had referred to her as a “slut.” The late night crew here helped me edit it.
Thanks again, doggies……aarrrffff……
GOOOOOOOO WYDEN!!!
That’s very good news.
On other good news front, http://www.usatoday.com/news/w.....htm?csp=34
More attention focused on voting machine problems.
scarecrow - I’m hoping my humor is with Fred.
OT again but here is the quote I paraphrased above:
Limbaugh joked about the search on his radio show Tuesday, saying Customs officials didn’t believe him when he said he got the pills at the Clinton Library and he was told they were blue M&Ms. He later added, chuckling: “I had a great time in the Dominican Republic. Wish I could tell you about it.”
http://news.yahoo.com/s/ap/200.....NlYwM3MTY-
Ooooh, is it “classified”. Or just disgusting and illegal…
Mary — your humor is worth $Fred. And the moral clarity is $$FredFred.
AFL-CIO endorses Lieberman, but only as a Dem
Today the Connecticut AFL-CIO state political convention voted to endorse Sen. Joe Lieberman, but only until the August 8th primary. In effect, this means the union will likely support the Democratic winner of the primary, whether it’s Lieberman or challenger Ned Lamont.
This is a huge blow to the Senator’s efforts should he decide to flee the Democrats and run as an Independent in November.
MORE SOON!
http://ctbob.blogspot.com
Thanks Christy & Dover Bitch,
I couldn’t find anything about it but opinion today. As usual, in one brief paragraph and a link (go Wyden!) you tell me everything I need to know. :) Much appreciated.
Frank #80–I’m right there with ya. I would LOVE to see their a$$es get handed to them at that trial.
I have watched and listened to MY congressman, Peter King, make a fool of himself parroting the same talking ponts and the Shrub and dead Eye.
The thing I find most interesting though, is the timing. Te President, VP and A Congressman want a criminal investigation of the NYT? Do you really think they do?
Well, Abu is evidently out of the country. Do you think he left an emergency number, you know, where the president or a memeber of Congress could reach him if something kinda imprtant came up?
Yet what do we hear from Abu?
Crickets.
Chirping.
Quietly.
Softly.
More bright shiney objects. Get the lefties all upset about what an assault on the first ammendment it would be to indict the NYTimes.
I’m with Frank Probst, let me see those M*****F****** in a federal court in the Sovereign District of NY. (that’s not a typo–for a change–it’s a nickname)
That case would be as revelatory as the PJF investigation. Why should Pat have all the fun and be the only oe shining a flashlight on the cockroaches?
I love the drip, drip, drip.
Punch hires good lawyers (I am a lifelong Flloyd Abrams fan- did a debate panel with him once, the guy is just top flight) and the Judges in SDNY are, in th emain, very astute.
I like the frank Probst approach. Call their bluff, on flag burning, on indicting the Times. MAKE them do it.
Frank Probst — re would a NYT trial be a good thing? I wouldn’t invite this, because there would be a chilling effect until it was settled. And the outcome? I think it depends on the political climate. How about right after another terrorist attack? And who are the judges? Mr. unitary executive Alito? Remember Scopes.
ET @ 69
Good on you dude!
Baaa-aaa-aaa
My husband was hogging the computer so I couldn’t get onto the last thread. The Oregonian today has an article on Ron Wyden’s opposition to the corporate takeover of the blogs. He says he’ll do anything it takes to derail the bill. As for the flag-burning ammendment, we’d all better pray that Rockerfeller’s back continues to keep him off the Senate floor because I’ve read his could be the deciding vote in favor of the ammendment.
Ed*ard Teller 12:41 p.m.
Congratulations on getting your LTE printed on Coulter. I like your choice of “snidely slipping into the gutter this meretricious purveyor of calumny” to get around the censors in place of “Ann Coulter is a slut” or whatever your letter said originally that they refused to print.
From todays WH Snowjob:
(not one lapdog peeped up about his numbers)
Q This morning you acknowledged this President has used it more, I think you just said, not way out of line –
MR. SNOW: Well, that’s because I have been reading some of these stories, and I guess what I ended up doing is going back and reading Michelle’s statement. And I’ll give you just some of the data she has. I will also give you the caveat, because I think sometimes it depends on how you count these things. But, for instance, during the course of the Clinton administration, there were 110 signing statements — I’m sorry, 105 signing statements, 110 at this point in the Bush administration. We may be comparing apples and oranges, which is why I want to issue the caveat, but it is also the case — and again, I’ll just refer you back to this testimony. If you need a copy, I’ll be happy to email it to you. You can go through that.
My understanding is that someone from Treasury briefed the reporters on the banking program. Not, didn’t talk to them, or refused to confirm or deny, or invoked national security. Briefed them. Which makes the administration the actual source, not some anonymous leaker or some unnamed source.
They have played this game before, and will continue to play it unless and until they are stopped.
There is nothing in any of the reporting on the banking surveillance program or the NSA program or the black site prisons that has compromised national security. Nothing. Say what you will about the press, but they understand where the line is between attempting to shed light on something and giving away state secrets.
The press hears this or that, and follows the trail, which leads them, eventually, right to the White House. WH briefs, and requests no publication. Press reports, but withholds enough to protect the integrity and security of the program. WH cries foul and sends out the usual minions to charge treason and irresponsibility and compromise of national security.
The game is that the administration knows that it is going to thumb its collective nose at whatever attempts are made to rein them in or exert oversight - they already know they aren’t going to change or stop what they’re doing. But in using the press in this way, they get to tear them down, to muzzle them, to put fear in the heart of any reporter who might be thinking about exposing any of the administration’s dirty little secrets.
It’s a perversion of open government, a perversion of a free press, and it’s going to continue. But it doesn’t have to continue without push-back, without the press calling the administration on their little game. I, for one, would like the administration to “bring it on.”
It’s disgusting.
Excellent LTE, ET, and I thought yours was way more interesting than the one about “Discarded crab.”
From dKos:
http://www.dailykos.com/storyo.....1460/96531
ComScore Networks surveys the Daily Kos community and confirms much of what we’ve been saying, that the site isn’t a bunch of whippersnappers. In fact, there are more people over the age of 65 on Daily Kos, than between the ages of 18-34. Biggest age bracket? 45-54, which accounts for 27.7 percent of site readership.
Unfortunately, ComScore doesn’t confirm or deny David Brook’s claims that the site readership consists of flying, venom-spitting lambs.
HA!!! I Knew It!!! With the exception of a few (Matt O?) none of us are lambkins; more like, venom-spitting rams and ewes — sheep, who have their venom laced mutton chops down.
Anne @ 94
Right on. “Leaks” are evil threats to the nation, while “briefings by unnamed senior administration officials on deep background” are merely keeping the nation informed.
It all depends on whose gore is being oxed.
I mean, whose ox is being gored.