Daily Archive: October 20, 2012

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“A Different Set of Rules”

Cross posted from The Stars Hollow Gazette

From Glenn Greenwald: “A violent breach of everything America stands for,”:

In Tuesday night’s debate, President Obama delivered a bold, powerful, aggressive performance that has Democrats across the land cheering. One of his most effective lines about the oligarchical fraud known as Mitt Romney was this one:

“Governor Romney says he’s got a five-point plan. Governor Romney doesn’t have a five-point plan; he has a one-point plan. And that plan is to make sure that folks at the top play by a different set of rules.”

It would be terrible indeed if “folks at the top” were able to “play by a different set of rules”. It might mean that Wall Street tycoons could perpetrate a massive fraud that virtually collapses the world economy and causes massive economic suffering, yet suffer no consequences of any kind thanks to a subservient Justice Department – all while ordinary Americans are subjected to the world’s largest and one of its most unmerciful penal states. It might mean that the nation’s largest telecoms could enable illegal spying on millions of their customers and then be retroactively immunized from all civil and criminal liability.

We cannot afford this from either party.

Things That Make Me Cringe: Awarding Torture Apologia

Cross posted from The Stars Hollow Gazette

Without comment from Marcy Wheeler at emptywheel:

Eric Holder Rewards the Teams that Gave Torturers and Mortgage Fraudsters Immunity

As TPM’s Ryan Reilly noted yesterday (link to come), among the awards Attorney General Eric Holder gave out at yesterday’s Attorney General’s Award Ceremony was a Distinguished Service Award to John Durham’s investigative team that chose not to prosecute Jose Rodriguez or the torturers who killed their victims.

   The 13th Distinguished Service Award is presented to team members for their involvement in two sensitive investigations ordered by two different Attorneys General. In January 2007, Attorney General Michael Mukasey asked Assistant U.S. Attorney John Durham to lead a team that would investigate the destruction of interrogation videotapes by the CIA. Assistant U.S. Attorney Durham assembled the team and began the investigation. Then, in August 2009, Attorney General Holder expanded Assistant U.S. Attorney Durham’s mandate to include a preliminary review of the treatment of detainees held at overseas locations. This second request resulted in the review of 101 detainee matters that led to two full criminal investigations. In order to conduct the investigations, the team had to review significant amounts of information, much of which was classified, and conduct many interviews in the United States and at overseas locations.



The timing on this award-coming even as DOJ aggressively prosecutes John Kiriakou for talking about this torture-is particularly cynical.

Holder also presented a Distinguished Service Award to the team that crafted a $25 billion settlement effectively immunizing the banksters for engaging in systemic mortgage fraud.

   The third Distinguished Service Award is presented to the individuals involved in procuring a $25 billion mortgage servicing settlement between the United States, 49 state attorneys general and the five largest mortgage servicers, representing the largest federal-state settlement in history.   The settlement includes comprehensive new mortgage loan servicing standards, $5 billion to state and federal treasuries and borrowers who lost their homes to foreclosure, $20 billion in consumer relief and a $1 billion resolution of False Claims Act recoveries by the Eastern District of New York.

As DDay has documented relentlessly, the settlement is little more than kabuki, with most of the “consumer relief” consisting of actions the banks were already taking.

Cartnoon

There’s no denying that it’s getting on toward Halloween time and I’ve already shown you some pretty ‘scary’ movies-

Here’s one I’ve been holding for the appropriate moment.

F. W. MurnauNosferatu, Eine Symphonie Des Grauens (1922) (1:24)

I have always believed that a man can fairly be judged by the standards and taste of his choices in matters of high-level plagiarism.- Stockton

Kill List

A sequel of sorts to What Will It Take?

Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will

By JO BECKER and SCOTT SHANE, The New York Times

Published: May 29, 2012

WASHINGTON – This was the enemy, served up in the latest chart from the intelligence agencies: 15 Qaeda suspects in Yemen with Western ties. The mug shots and brief biographies resembled a high school yearbook layout. Several were Americans. Two were teenagers, including a girl who looked even younger than her 17 years.



“How old are these people?” he asked, according to two officials present. “If they are starting to use children,” he said of Al Qaeda, “we are moving into a whole different phase.”



Mr. Obama is the liberal law professor who campaigned against the Iraq war and torture, and then insisted on approving every new name on an expanding “kill list,” poring over terrorist suspects’ biographies on what one official calls the macabre “baseball cards” of an unconventional war.



It is the strangest of bureaucratic rituals: Every week or so, more than 100 members of the government’s sprawling national security apparatus gather, by secure video teleconference, to pore over terrorist suspects’ biographies and recommend to the president who should be the next to die.

This secret “nominations” process is an invention of the Obama administration, a grim debating society that vets the PowerPoint slides bearing the names, aliases and life stories of suspected members of Al Qaeda’s branch in Yemen or its allies in Somalia’s Shabab militia.



One early test involved Baitullah Mehsud, the leader of the Pakistani Taliban. The case was problematic on two fronts, according to interviews with both administration and Pakistani sources.

The C.I.A. worried that Mr. Mehsud, whose group then mainly targeted the Pakistan government, did not meet the Obama administration’s criteria for targeted killing: he was not an imminent threat to the United States. But Pakistani officials wanted him dead, and the American drone program rested on their tacit approval. The issue was resolved after the president and his advisers found that he represented a threat, if not to the homeland, to American personnel in Pakistan.

Then, in August 2009, the C.I.A. director, Leon E. Panetta, told Mr. Brennan that the agency had Mr. Mehsud in its sights. But taking out the Pakistani Taliban leader, Mr. Panetta warned, did not meet Mr. Obama’s standard of “near certainty” of no innocents being killed. In fact, a strike would certainly result in such deaths: he was with his wife at his in-laws’ home.



The very first strike under his watch in Yemen, on Dec. 17, 2009, offered a stark example of the difficulties of operating in what General Jones described as an “embryonic theater that we weren’t really familiar with.”

It killed not only its intended target, but also two neighboring families, and left behind a trail of cluster bombs that subsequently killed more innocents. It was hardly the kind of precise operation that Mr. Obama favored. Videos of children’s bodies and angry tribesmen holding up American missile parts flooded You Tube, fueling a ferocious backlash that Yemeni officials said bolstered Al Qaeda.



In Pakistan, Mr. Obama had approved not only “personality” strikes aimed at named, high-value terrorists, but “signature” strikes that targeted training camps and suspicious compounds in areas controlled by militants.



Mr. Hayden, the former C.I.A. director and now an adviser to Mr. Obama’s Republican challenger, Mr. Romney, commended the president’s aggressive counterterrorism record, which he said had a “Nixon to China” quality. But, he said, “secrecy has its costs” and Mr. Obama should open the strike strategy up to public scrutiny.

“This program rests on the personal legitimacy of the president, and that’s not sustainable,” Mr. Hayden said. “I have lived the life of someone taking action on the basis of secret O.L.C. memos, and it ain’t a good life. Democracies do not make war on the basis of legal memos locked in a D.O.J. safe.”

The remarkable, unfathomable ignorance of Debbie Wasserman Schultz

Glenn Greenwald, The Guardian

Friday 19 October 2012 20.38 EDT

On 29 May 2012, the New York Times published a remarkable 6,000-word story on its front page about what it termed President Obama’s “kill list”. It detailed the president’s personal role in deciding which individuals will end up being targeted for assassination by the CIA based on Obama’s secret, unchecked decree that they are “terrorists” and deserve to die.

Based on interviews with “three dozen of his current and former advisers”, the Times’ Jo Becker and Scott Shane provided extraordinary detail about Obama’s actions, including how he “por[es] over terrorist suspects’ biographies on what one official calls the macabre ‘baseball cards'” and how he “insist[s] on approving every new name on an expanding ‘kill list'”. At a weekly White House meeting dubbed “Terror Tuesdays”, Obama then decides who will die without a whiff of due process, transparency or oversight. It was this process that resulted in the death of US citizen Anwar Awlaki in Yemen, and then two weeks later, the killing of his 16-year-old American son, Abdulrahman, by drone.

The Times “kill list” story made a huge impact and was widely discussed and condemned by media figures, politicians, analysts, and commentators. Among other outlets, the New York Times itself harshly editorialized against Obama’s program in an editorial entitled “Too Much Power For a President”, denouncing the revelations as “very troubling” and argued: “No one in that position should be able to unilaterally order the killing of American citizens or foreigners located far from a battlefield – depriving Americans of their due-process rights – without the consent of someone outside his political inner circle.”

That Obama has a “kill list” has been known since January, 2010, and has been widely reported and discussed in every major American newspaper since April 2010. A major controversy over chronic White House leaks often featured complaints about this article (New York Times, 5 June 2012: “Senators to Open Inquiry Into ‘Kill List’ and Iran Security Leaks”). The Attorney General, Eric Holder, gave a major speech defending it.

But Debbie Wasserman Schultz, the Democratic Congresswoman from Florida and the Chairwoman of the Democratic National Committee, does not know about any of this. She has never heard of any of it. She has managed to remain completely ignorant about the fact that President Obama has asserted and exercised the power to secretly place human beings, including US citizens, on his “kill list” and then order the CIA to extinguish their lives.



One expects corrupt partisan loyalty from people like Wasserman Schultz, eager to excuse anything and everything a Democratic president does. That’s a total abdication of her duty as a member of Congress, but that’s par for the course. But one does not expect this level of ignorance, the ability to stay entirely unaware of one of the most extremist powers a president has claimed in US history, trumpeted on the front-page of the New York Times and virtually everywhere else.

digby says

Somebody needs to get Debbie a subscription to the New York Times.



She appears to think that story isn’t public for some reason. Or is pretending that it isn’t public. And  her annoyance at the ill-mannered hippie asking her “inappropriate” questions outside the approved 2012 campaign topics is palpable. She looks completely ridiculous.

Via Greenwald who is, unsurprisingly, appalled. He thinks she really has never heard of the kill list.  I suppose that’s possible. Which is even more appalling.

Ignorant or lying?

Stupid or evil?

Who cares about Debbie Wasserman Schultz digby?  The question is to you.

What will it take?  How many innocents will have to die before you and the rest of the ‘Good Germans’ can no longer ignore the corpses?

Just days after taking office, the president got word that the first strike under his administration had killed a number of innocent Pakistanis. “The president was very sharp on the thing, and said, ‘I want to know how this happened,’ ” a top White House adviser recounted.

In response to his concern, the C.I.A. downsized its munitions for more pinpoint strikes. In addition, the president tightened standards, aides say: If the agency did not have a “near certainty” that a strike would result in zero civilian deaths, Mr. Obama wanted to decide personally whether to go ahead.

The president’s directive reinforced the need for caution, counterterrorism officials said, but did not significantly change the program. In part, that is because “the protection of innocent life was always a critical consideration,” said Michael V. Hayden, the last C.I.A. director under President George W. Bush.

It is also because Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.

Counterterrorism officials insist this approach is one of simple logic: people in an area of known terrorist activity, or found with a top Qaeda operative, are probably up to no good. “Al Qaeda is an insular, paranoid organization – innocent neighbors don’t hitchhike rides in the back of trucks headed for the border with guns and bombs,” said one official, who requested anonymity to speak about what is still a classified program.

This counting method may partly explain the official claims of extraordinarily low collateral deaths. In a speech last year Mr. Brennan, Mr. Obama’s trusted adviser, said that not a single noncombatant had been killed in a year of strikes. And in a recent interview, a senior administration official said that the number of civilians killed in drone strikes in Pakistan under Mr. Obama was in the “single digits” – and that independent counts of scores or hundreds of civilian deaths unwittingly draw on false propaganda claims by militants.

But in interviews, three former senior intelligence officials expressed disbelief that the number could be so low. The C.I.A. accounting has so troubled some administration officials outside the agency that they have brought their concerns to the White House. One called it “guilt by association” that has led to “deceptive” estimates of civilian casualties.

“It bothers me when they say there were seven guys, so they must all be militants,” the official said. “They count the corpses and they’re not really sure who they are.”

On This Day In History October 20

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

October 20 is the 293rd day of the year (294th in leap years) in the Gregorian calendar. There are 72 days remaining until the end of the year.

On this day in 1973, Solicitor General Robert Bork dismisses Watergate special prosecutor Archibald Cox; Attorney General Richardson and Deputy Attorney General Ruckelshaus resign in protest. Cox had conducted a detailed investigation of the Watergate break-in that revealed that the burglary was just one of many possible abuses of power by the Nixon White House. Nixon had ordered Richardson to fire Cox, but he refused and resigned, as did Ruckelshaus when Nixon then asked him to dismiss the special prosecutor. Bork agreed to fire Cox and an immediate uproar ensued. This series of resignations and firings became known as the Saturday Night Massacre and outraged the public and the media. Two days later, the House Judiciary Committee began to look into the possible impeachment of Nixon.

The Saturday Night Massacre was the term given by political commentators to U.S. President Richard Nixon‘s executive dismissal of independent special prosecutor Archibald Cox, and the resignations of Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus on October 20, 1973 during the Watergate scandal

Richardson appointed Cox in May of that year, after having given assurances to the Senate Judiciary Committee that he would appoint an independent counsel to investigate the events surrounding the Watergate break-in of June 17, 1972. Cox subsequently issued a subpoena to President Nixon, asking for copies of taped conversations recorded in the Oval Office  and authorized by Nixon as evidence. The president initially refused to comply with the subpoena, but on October 19, 1973, he offered what was later known as the Stennis Compromise-asking U.S. Senator John C. Stennis to review and summarize the tapes for the special prosecutor’s office.

Mindful that Stennis was famously hard-of-hearing, Cox refused the compromise that same evening, and it was believed that there would be a short rest in the legal maneuvering while government offices were closed for the weekend. However, President Nixon acted to dismiss Cox from his office the next night-a Saturday. He contacted Attorney General Richardson and ordered him to fire the special prosecutor. Richardson refused, and instead resigned in protest. Nixon then ordered Deputy Attorney General Ruckelshaus to fire Cox; he also refused and resigned in protest.

Nixon then contacted the Solicitor General, Robert Bork, and ordered him as acting head of the Justice Department to fire Cox. Richardson and Ruckelshaus had both personally assured the congressional committee overseeing the special prosecutor investigation that they would not interfere-Bork had made no such assurance to the committee. Though Bork believed Nixon’s order to be valid and appropriate, he considered resigning to avoid being “perceived as a man who did the President’s bidding to save my job.” Never the less, Bork complied with Nixon’s order and fired Cox. Initially, the White House claimed to have fired Ruckelshaus, but as The Washington Post article written the next day pointed out, “The letter from the President to Bork also said Ruckelshaus resigned.”

Congress was infuriated by the act, which was seen as a gross abuse of presidential power. In the days that followed, numerous resolutions of impeachment against the president were introduced in Congress. Nixon defended his actions in a famous press conference on November 17, 1973, in which he stated,

“…[I]n all of my years of public life, I have never obstructed justice. And I think, too, that I can say that in my years of public life that I’ve welcomed this kind of examination, because people have got to know whether or not their President’s a crook. Well, I’m not a crook! I’ve earned everything I’ve got.

Today on The Stars Hollow Gazette

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Will IL school board kowtow to hate group?

The East Aurora, IL school board unanimously adopted a policy recently affecting transgender students.

The new policy specifically states that transgendered and gender nonconforming students have the right use the restroom that corresponds to their gender-related identity that is consistently asserted at school. The student has the right to be addressed by the name they want to be called, too.

The new policy does not require a court-ordered name change or gender change and does not require a change to official records.

In most cases, transgendered students should have access to the locker room that corresponds to their gender-related identity, according to the policy.

In no case shall a transgender student be required to use a locker room that conflicts with the student’s gender-related identity.

Student participation in gendered team sports will still be governed by state policy on an individual basis.

Good on them, right?

Not so fast.