The parade of "shrill, unserious extremists" on display at today's impeachment hearings
(updated below)
Former Reagan DOJ official, constitutional lawyer, and hard-core conservative Bruce Fein was one of the first prominent Americans to call for George Bush's impeachment in the wake of the illegal NSA spying scandal. Back in late 2005 and 2006, when even safe-seat Democrats like Chuck Schumer were petrified even of uttering the words "broke the law" when speaking of the Bush administration -- let alone taking meaningful action to investigate and putting a stop to the lawbreaking -- Fein wrote a column in The Washington Times forcefully and eloquently arguing:
Volumes of war powers nonsense have been assembled to defend Mr. Bush's defiance of the legislative branch and claim of wartime omnipotence so long as terrorism persists, i.e., in perpetuity. Congress should undertake a national inquest into his conduct and claims to determine whether impeachable usurpations are at hand.In 2006, Russ Feingold called Fein as one of his witnesses in support of Feingold's resolution to censure President Bush for his lawbreaking. Today, Fein is one of the witnesses who will testify before the House Judiciary Committee in favor of Dennis Kucinich's impeachment resolutions (joined by Elizabeth Holtzman, Bob Barr and several others). As KagroX details here, that the House is holding hearings on Kucinich's resolution is not, in any way, an indication that the Congress is prepared to take those resolutions seriously. Manifestly, they are not.
Yesterday, Jane Hamsher spoke with Bruce Fein on BloggingheadsTV about why the Democrats have, in general, failed to hold the Bush administration accountable for their multiple crimes (Slate yesterday detailed some of the many Bush crimes). Here is what Fein -- echoing an argument I made a couple of weeks ago -- said on that topic:
Jane also asked Fein about Obama adviser Cass Sunstein's recent statements that Bush officials should not be prosecuted for their illegal detention, interrogation and spying programs. To get a sense for why this matters, National Journal this morning listed Sunstein as one of a small handful of likely Supreme Court appointees in an Obama administration. But -- similar to Fein's point regarding Jay Rockefeller, Jane Harman and comrades -- Sunstein has long been one of the most vocal enablers of Bush radicalism and lawlessness, having continuously offered himself up over the last seven years to play the legal version of the TNR role of "even-liberal-Cass-Sunstein-agrees-with-Bush."
During my Democracy Now debate with him, Sunstein said: "I'd be honored but surprised if the military commissions cite some of my academic articles." But as Talk Left's Armando documented, Sunstein would be an ideal and highly likely "legal scholar" for the Bush administration to cite as part of its military tribunals, as Sunstein was an early and outspoken supporter of the theory that Bush had the authority to order military commissions (a theory which the Supreme Court rejected in Hamdan). Identically, while Sunstein now pretends to disagree with Bush's theory as to why he had the power to spy on Americans in violation of the law (Sunstein said on Democracy Now: "while I agree with Senator Feingold that the President's position is wrong"), Sunstein defended those theories as "very reasonable" when he was on right-wing talk radio with Hugh Hewitt in late 2005 during the height of the NSA controversy.
It's really hard to imagine a worse person on whom Obama could be relying as a legal adviser, let alone a potential Supreme Court nominee, and here is what Fein had to say about Sunstein's view of things:
The destruction of the CIA interrogation videos in 2005 that Fein referenced there seems particularly malicious -- plainly criminal -- in light of the new documents obtained yesterday from the CIA by the ACLU. One of those documents -- an August 4, 2004 CIA memo (.pdf) -- explicitly warns "of possible future judicial review of the Program and of these issues," meaning the CIA's interrogation methods and the legality of the Bush administration's behavior. Destroying evidence relevant to a future criminal proceeding is the very definition of obstruction of justice -- a crime for which ordinary people are regularly prosecuted and imprisoned -- yet we have the Cass Sunsteins of the world, speaking on behalf of our political and media class, insisting that it would be terribly unfair and disruptive to treat any of this as a criminal matter (and -- as is true for many of the episodes of Bush lawbreaking -- key Congressional Democrats were briefed on the possible destruction of the interrogation videos as well).
Most revealingly of all, the Kucinich impeachment hearing today is like a parade of those whom the Beltway class mocks as Shrill, Unserious losers and Leftist radicals -- people who actually use overly excitable words like "crimes" and "prosecutions" when talking about our leaders or who, like the ACLU, actually object that most of what our Government does occurs in total secrecy. Serious, responsible Beltway establishment leaders know that courtrooms and prosecutions are only for the common people and -- for our own good -- our leaders cannot, must not and should not be exposed to any of that, and must continue to be able to shield what they do from public scrutiny.
* * * * *
NPR this morning has a story, both radio and print, regarding the left/right Strange Bedfellows citizen coalition and Money Bomb campaign targeting those responsible for the erosion of civil liberties, constitutional protections and the rule of law. The NPR story includes this:
Earlier this month, Congress passed a rewrite of the Foreign Intelligence Surveillance Act, known as FISA. Opponents say it gives the president too much power to tap private communications without court oversight. That argument was made none too subtly by a TV ad that ran in the home district of Chris Carney, a Pennsylvania Democrat who supported the new FISA law.Apparently, NPR isn't Comcast -- at least not in this instance -- and it thus ran the story despite Carney's pleas."Chris Carney is surrendering to Bush and Cheney the same un-American spying powers they have in Russia and communist China," the ad says.
Apparently, the ad hit a nerve. A Carney spokeswoman called the ad a "smear campaign" and said NPR should not do a story about it. But the ad was paid for by Carney's fellow Democrats.
Blue America is a political action committee promoted by Democratic bloggers like Jane Hamsher. She is disappointed with Congress since it went Democratic.
"I'm very upset with my party right now," Hamsher says. "They were given the majority, and they have a 9 percent approval rating right now for a reason."
UPDATE: To be clear, it's far from certain, obviously, that Obama would appoint Cass Sunstein to anything, let alone to the Supreme Court. And as I've said before, the precarious 5-4 Supreme Court balance is reason enough, just standing alone, to strongly prefer an Obama administration to a McCain administration. But Sunstein -- both due to his relationship to Obama and, independently, to his new marriage -- is one of the most inside of Obama insiders. That he has simultaneously been such an unusually vocal defender of some of the worst Bush radicalism is obviously worth noting, and is self-evidently disturbing. Today, Matt Stoller reviews Sunstein's latest book and several of the odd ideas in it.
Who is doing real journalism?
Newsweek's Jonathan Alter has an article this week filled with all the standard anti-blogger "pajama" platitudes (along with some praise) and, along the way, Alter writes this:
But we're finding [blogging] works better for keeping on top of daily flaps than for learning genuinely new information. Bloggers rarely pick up the phone or go interview the middle-level bureaucrats who know the good stuff. It's a lot easier to chew over breaking stories and bash old media. Where do they get the information with which to bash? Often from, ahem, newspapers.Leave aside the question of how much "real reporting" bloggers do as compared to newspapers. If one looks at most of the vital disclosures of the last seven years -- whereby concealed, legally dubious behavior of one of the most secretive administrations of the modern era is exposed -- one finds that such exposure comes overwhelmingly from two sources: (1) conscientious whistle-blowers inside the Government, and (2) advocacy groups such as the ACLU, which have tirelessly waged one litigation battle after the next in order to unearth the Bush administration's secret, improper conduct.
Today, the ACLU (with whom, as I've previously disclosed, I consult on various matters) released three formerly secret Bush administration memos -- two from the CIA to the Office of Legal Counsel inside the DOJ, and one from OLC to the CIA -- which set forth, in a revoltingly clinical tone that is by now all-too-familiar, extremely permissive standards for what constitutes (and what does not constitute) "torture." Raw Story's Nick Juliano has an excellent summary of the memos' lowlights, including the assertion that treatment of detainees does not constitute "torture" as long as there is no "specific intent to inflict severe pain or suffering," and the claim that interrogators are free to inflict mental harm as long as it falls short of "harm lasting months or even years after the acts were inflicted upon the prisoners."
The August 4, 2004 CIA memo (.pdf) specifically noted that "the waterboard" (sic) is not "torture," and it further points out that the President ordered that the Geneva Conventions are not always to be complied with, but rather, only "to the extent appropriate and consistent with military necessity." The same memo also pointedly notes that the Durbin Amendment -- which bars the use of torture and "cruel, inhuman and degrading treatment" in all circumstances -- "is not, as of now, law."
What's particularly notable here -- beyond the fact that this is further proof that our Government has engaged in deliberate, systematic and illegal torture -- is what a closed, secretive society we've become. Even the memos which the ACLU obtained -- between four to six years old -- are heavily redacted, with the vast bulk of the legal conclusions of our Government simply blacked out (.pdf). We just don't live in an open society, as most of the most consequential actions in which our Government engages are undertaken behind an increasingly impenetrable wall of secrecy.
The vast bulk of these memoranda consist of nothing more than legal arguments as to why the Bush administration claimed it had the authority -- as the ACLU's Jameel Jaffer put it -- "to permit interrogators to use barbaric methods that the U.S. once prosecuted as war crimes." There is absolutely no justification whatsoever for these Memoranda to be concealed from the public. All they do is set forth the Executive Branch's purported understanding of the law. How can legal arguments about the President's alleged authority possibly be secret?
And yet it was only because the ACLU relentlessly pursued protracted litigation that the CIA was ordered to turn over these documents and we learned about them. That's the same way we learned about the 81-page Memorandum authored in 2003 by John Yoo that provoked such disgust back in April (that's the Memo that calmly analyzed whether "'scalding water, corrosive acid or caustic substance' thrown on a prisoner" was legal and which noted that a prior, still-secret OLC Memorandum had concluded "that the Fourth Amendment had no application to domestic military operations"). And the DOJ's memoranda justifying Bush's NSA warrantless eavesdropping program -- as well as other long-abandoned, patently illegal surveillance programs -- remain concealed.
It has been left to the ACLU and similar groups (such as the Center for Constitutional Rights and Electronic Frontier Foundation) to uncover what our Government is doing precisely because the institutions whose responsibility that is -- the "opposition party," the Congress, the Intelligence Committees, the press -- have failed miserably in those duties. And while Democrats in Congress passively ignore their oversight responsibility or do the opposite by helping to conceal Bush crimes, the Democratic Party establishment goes around repudiating and even demonizing the factions that have tried to step into the void that they've left, as illustrated by this cowardly "senior Democratic lawmaker" who anonymously told The Wall St. Journal this about Obama's recent FISA vote:
"I applaud it," a senior Democratic lawmaker said. "By standing up to MoveOn.org and the ACLU, he's showing, I think, maybe the first example of demonstrating his ability to move to the center. He's got to make the center comfortable with him. He can't win if the center isn't comfortable.When Jesse Helms died last month, there was a discussion about Helms in an online email group of prominent liberal Beltway journalists, and one participant asked whether the Left has any equivalent to Jesse Helms, and a well-known "liberal" journalist responded: "Yes -- the ACLU extremists." Time's Joe Klein said last year that objections to the Senate's warrantless eavesdropping bill were merely "fodder for lawyers and civil liberties extremists" -- a phrase which GOP Rep. Pete Hoekstra then praised in National Review. The very same Beltway denizens who have so submissively enabled the radicalism of this administration simultaneously harbor and continuously spew contempt for those Shrill, Unserious "activists" -- such as the dreaded ACLU extremists -- who challenge and disrupt their little Beltway fiefdom.
Even in those rare instances of good investigative journalism -- Dana Priest's CIA black sites exposé and the Risen/Lichtblau disclosure of the NSA program -- most of the disclosures are due primarily to brave whistle-blowers inside the administration who were willing to risk their careers and even their own freedom in order to expose serious government wrongdoing. In addition to Priest and the NYT, there is Charlie Savage and Seymour Hersh and Jane Mayer and other actual journalists who have uncovered serious government wrongdoing, but those are the glaring exceptions.
Jonathan Alter can pat establishment journalists on the back as much as he wants, but the record of the establishment press over the last seven years is one characterized far more by failure and complicity than by real journalism. Alter laments that Americans "so distrust the mainstream media" that they "often prefer rumors to facts," but that's a natural and reasonable response to a media that gave us Iraqi mushroom clouds and Jessica Lynch's heroic firefight and Pat Tillman's dramatic confrontation with the Enemy and a whole slew of other government-dependent propaganda and government-promoting myths.
So much of the real journalism that is occurring isn't from TV and magazine stars but largely from severely under-paid advocates at public interest groups and anonymous government whistle-blowers who aren't even meant to be "journalists." The function of the ACLU and similar groups isn't really to uncover illegal behavior on the part of our Government. That is the intended function of the Congress, the media and the opposition party. But those institutions haven't done that -- with very rare exception, they don't do it (and in the case of Congress, one is hard-pressed to think of any real exceptions at all). As a result, the ACLU and similar groups -- with far fewer resources -- have been forced first to uncover what the Government does, to try methodically and incrementally to erode the government's wall of secrecy, to perform real journalism, in order then to engage in their real function of opposing Government encroachments and defending the Constitution, basic privacy rights and civil liberties.
The honorable centrist Joe Lieberman
(updated below - Update II - Update III - Update IV - Update V)
After John McCain sought Pastor John Hagee's endorsement and then heaped praise on Hagee when he received it, a slew of publicity surrounding Hagee's extremist, offensive and outright crazed views forced McCain to repudiate Hagee and reject his endorsement. But not Joe Lieberman. Last year, the Connecticut neocon spoke at the annual convention for Hagee's group, Christians United for Israel, and in an indescribably obsequious speech, said this about the radical Pastor:
I would describe Pastor Hagee with the words the Torah uses to describe Moses, he is an "Eesh Elo Kim," a man of God because those words fit him; and, like Moses he has become the leader of a mighty multitude in pursuit of and defense of Israel.That Hagee holds views that even John McCain eventually described as "deeply offensive and indefensible" isn't impeding Joe Lieberman's close association with Hagee. This week, Hagee's group is holding its Third Annual Convention in Washington, and here is the line-up for the final night, with the event's keynote speakers listed:
Hagee's bigoted comments against Catholics and gay people are well-documented, and this Jewish group has put together a new video documenting many of Hagee's most intensely anti-Semitic comments, including Hagee's false assertion that Hitler was partially Jewish, his insistence that the anti-Christ will be a Jew, and his claim that Jews believed that their spit contains magic healing powers and thus ran around rubbing it in the eyes of blind people in order to heal them.
As the controversy over Jeremiah Wright conclusively demonstrated, there is a glaring double standard applied to black Ministers such as Wright (who are quickly deemed scary, extremist anti-American radicals and therefore must be banished by all decent people) and white evangelical preachers such as Hagee (who can utter the most inflammatory and contemptible trash and still be treated with the utmost respect from Serious Centrists like Lieberman). More to the point, Democrats are continuously required to "repudiate" members of the so-called "Far Left" upon pain of being deemed un-Serious, while there is no such thing as "too extreme" on the Right, and Joe Lieberman is thus free to share a stage with a crazed extremist like John Hagee and depict him as a modern-day Moses and still be considered (and, at the GOP Convention, will be hailed as) a Serious, Responsible, Honorable, Centrist by our political and media elite.
UPDATE: The debate I had this morning on Democracy Now with University of Chicago Law Professor and Obama adviser Cass Sunstein (regarding his remarks this weekend concerning criminal prosecutions for Bush officials, torture, FISA and the like) can be seen and heard here. The prior segment in which I participated, regarding corporate lobbyists and the Democratic Party's Convention, can be heard here.
UPDATE II: As Atrios notes, a recent poll from a new Jewish political group found that Barack Obama is far more popular among American Jews than is Joe Lieberman:
Only 37 percent of Jews view the Connecticut Independent in a favorable light compared to 48 percent who have a negative perception. As for Obama, 60 percent of Jews view him favorably while 34 percent view him unfavorably.As is so often the case, the dominant media narrative -- Obama has a problem with Jewish voters! Lieberman's support for McCain is vital to McCain's attracting Jewish voters! -- is baseless and wrong.
UPDATE III: The good version of Barack Obama made an appearance today in Amman, Jordan as he delivered some unusually balanced, even-handed remarks about the Israel-Palestinian conflict. In reporting those comments, Politico's Ben Smith wrote that Obama's suggestion "that the fault in the region is not the Palestinians' alone [is] something you'll rarely hear from Republicans." That's true, but it's a view that is rarely heard from most Democrats as well. It's good to hear that view from Obama.
UPDATE IV: Law Professor Jonathan Turley also has some thoughts regarding Cass Sunstein's odd views on the rule of law, here. Turley apparently discussed these issues on MSNBC's Countdown tonight, though I didn't see his appearance and a transcript isn't yet available.
UPDATE V: Jonathan Turley last night discussing Obama adviser Cass Sunstein's views on the rule of law (h/t RMP):
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