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Fair and balanced news and opinion commentary by Thomas Nephew. Can you hear me now?

Saturday, May 24, 2008
 
Worth reading
  • A stalled U.S. peace movement? Antiwar activity since 2001 (janinsanfran, "Happening Here") --- This is the fifth and last post of a series Jan wrote to gather her thoughts for a history workshop, and the whole series is worth your while. Jan concludes:
    A more effective peace movement needs to be offering a vision of a plausible, sustainable global community that doesn't hinge on U.S. use of force to maintain empire. Elements of that vision clearly need to include challenges related to technology, climate change, and how to rein in cancerous capitalism. We really haven't known how to put out such a vision yet.

    That's not surprising -- it is hard and perhaps, also, the struggle against empire may not have changed us enough so that we could see it. But the group(s) that find elements of that vision will discover that millions are already with them, looking for something similar, ready to elaborate something as yet unknown. They just don't currently identify with the peace movement.
  • The Cynic and Senator Obama (Charles Pierce, Esquire) --- This is one of the best political essays I've read in a long time. Self-described cynic Pierce considers Obama's oratory and politics, and finds them serviceable but not entirely satisfying:
    There is one point in the stump speech, however, that catches the cynic up short every time. It comes near to the end, when Obama talks about cynics. Obama says that cynics believe they are smarter than everyone else. The cynic thinks he’s wrong. The cynic doesn’t think he’s wiser or more clever or more politically attuned than anyone else. It’s just that he fears that, every morning, he’ll discover that his country has done something to deface itself further, that something else he thought solid will tremble and quake and fall to ruin, that his fellow citizens will sell more of their birthright for some silver that they can forge into shackles. He has come to believe that the worst thing a citizen of the United States of America can believe is that his country will not do something simply because it’s wrong. It would be a mistake for anyone -- but especially for a presidential candidate -- to believe that the cynic thinks himself wise or safe or liberated. In 2008, the cynic is more modest. He considers himself merely adequate to the times.
    I could go on quoting this piece at length, but I'll make do with two quotes -- one that made me nod my head as the main thing I hold against Obama (link added):
    In 2007, when asked about the possibility -- just the possibility -- of impeaching George W. Bush and/or Dick Cheney, Obama scoffed at the idea, not entirely because it was constitutionally unsound but also because it was impolite and a nuisance and might make many people angry at one another, and he was, after all, running to help save us from ourselves.

    We would, once again, rather than attending to the people’s business, be engaged in a tit-for-tat, back-and-forth, nonstop circus.”

    He was offering a guilty country a nolo plea. Himself. Absolution without confession.

    The cynic declined the deal. There were not enough people in handcuffs yet.

    And one that made me laugh:
    “I look forward as president to going before the world community and saying, ‘America is back. We’re ready to lead,’ “ Obama says on the radio, the static crackling and popping and the transmission fading, and it takes a moment for the cynic to wonder whether or not the world wants America to lead. Maybe the world wants America to sit down and shut up for a while.
  • Race to the Bottom, (Betsy Reed, "The Nation") -- Reed stipulates that misogynistic attacks on Hillary Clinton have happened and are deplorable, but thinks declaring "sexism the greater scourge" than racism is not helpful. She continues:
    Yet what is most troubling--and what has the most serious implications for the feminist movement--is that the Clinton campaign has used her rival's race against him. In the name of demonstrating her superior "electability," she and her surrogates have invoked the racist and sexist playbook of the right--in which swaggering macho cowboys are entrusted to defend the country--seeking to define Obama as too black, too foreign, too different to be President at a moment of high anxiety about national security.
  • Women and the Invisible Fist (Charles Johnson, Rad Geek People's Daily) --- Libertarians (and others) grant and even assume the possibility of spontaneous order; but if so, must they not also grant the possibility of spontaneous repression? An interesting essay by libertarian Charles Johnson argues yes, with a close examination of writings by feminist theorist Susan Brownmiller. The latter coined the ugly but compelling "Myrmidon theory" of rape -- that men as a class or gender benefit from the transgressions of rapists.* Roughly speaking, the thinking is that the "good" men often identify themselves as protectors, women often agree, and society as a whole shapes itself around the ever-present threat. Johnson:
    But if widely distributed forms of intelligence, knowledge, virtue, or prudence can add up, through many individual self-interested actions, into an benign undesigned order, then there’s no reason why widely distributed forms of stupidity, ignorance, prejudice, vice, or folly might not add up, through many individual self-interested actions, into an unintended but malign undesigned order. Moreover, if you consider that spontaneous orders can emerge as unintended consequences of certain widespread forms of violence, then it ought to be especially clear that not all undesigned orders can be considered benign from a libertarian point of view.
    Via Jim Henley, who seems lately to be about metamorphosing your father's (and/or mother's) libertarianism into something more honest, multifaceted, and interesting. See also in this respect Henley's Art of the Possible post, and the site as a whole: "Liberals and libertarians on common ground… and otherwise." Henley says that the challenge is to "correct spontaneous malign orders without the tool of state violence." I'm not sure that circle can be squared -- some countervailing force is needed against spontaneous malign orders, and that force will need some agreed on norms of justice and enforcement. But I'm interested that libertarians are thinking about the challenge.

  • "Secret Law and the Threat to Democratic and Accountable Government," Senate Judiciary Subcommittee on the Constitution, Civil Rights and Property Rights, April 30, 2008 --- From Senator Russ Feingold's opening statement:
    “More than any other Administration in recent history, this Administration has a penchant for secrecy. To an unprecedented degree, it has invoked executive privilege to thwart congressional oversight and the state secrets privilege to shut down lawsuits. It has relied increasingly on secret evidence and closed tribunals, not only in Guantanamo but here in the United States. And it has initiated secret programs involving surveillance, detention, and interrogation, some of the details of which remain unavailable today, even to Congress.

    “These examples are the topic of much discussion and concern, and appropriately so. But there is a particularly sinister trend that has gone relatively unnoticed – the increasing prevalence in our country of secret law.
    Feingold went on to list examples like the secret Yoo memoranda on torture and (as we now know) on warrantless surveillance. Testimony by Federation of American Scientists secrecy expert Steven Aftergood, former Clinton OLC lawyer Dawn Johnsen, and University of Minnesota law professor Heidi Kitrosser, among others, delineate the problem and suggest some legislative solutions, or at least balances. Kitrosser:
    ...as the experience with the surveillance and torture programs demonstrate, the oversight system too often cracks under the weight of executive branch disregard and legislative acquiescence in the same. Such disregard and acquiescence is facilitated in part by the same arguments used to justify the circumvention of substantive statutory directives. That is, the executive branch often simply asserts that statutorily required disclosures or requested disclosures would prove too dangerous, and these assertions too often are met with acquiescence.
    Johnsen:
    Given the Bush Administration's propensity to claim that it is simply engaging in statutory interpretation when it in effect is claiming the authority to disregard a statute, Congress should amend the current notification requirement to extend beyond cases in which the executive branch acknowledges iti is refusing to comply with a statute. Presidents should explain publicly not only when they determine a statute is unconstitutional and need not be enforced, but also whenever they purport to rely upon the constitutional avoidance canon to interpret a statute.
    ("Constitutional avoidance" is when a statute admitting of an unconstitutional interpretation is instead is interpreted in such a way that the result is constitutional.) Administration spokesbot Bradford Berenson had his say as well; find it yourself. Via Marty Lederman ("Balkinization").


  • =====
    * The term "Myrmidon" is from the Iliad, where Myrmidons were Achilles' henchmen soldiers, who did his bidding: "Loyal and unquestioning, the Myrmidons served their master well, functioning in anonymity as effective agents of terror."

    UPDATE, 6/2: "Rad Geek" elaborates on his points in a lengthy and worthwhile comment here. Also, reading between the lines of Henley's link to this post, I wonder if I gave offense; that was not my intent. Maybe what's metamorphosing are my own views, not libertarian thinking. I meant that I see Henley as having his own considerable impact on reshaping libertarian thinking (and/or promoting understanding of it) for the better. Glenn Greenwald is another example. Thanks also to Avedon Carol for her nice link to this post.

    UPDATE, 6/10: "Rad Geek" comments on our discussion here at his own blog: "10,000 ways to lose your freedom."
     
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    Good for a grin
  • Liberal Pundits Offer Unprecedented Apology (Berube, TPM Cafe) ---
    The organization, "Repentant Villagers," announced today that it would be issuing formal apologies to hundreds of liberal bloggers, including Duncan Black, Jane Hamsher, Markos Moulitsas Zuniga, Glenn Greenwald, and "Digby," acknowledging that the progressive blogosphere was right about Lieberman after all. "No one could have anticipated the breach of the party," said Jonathan Chait, senior editor of the New Republic. "But Lieberman's recent op-ed, calling the Democratic Party insufficiently pro-American, is just sheer barking lunacy. I could never have seen this coming two years ago when I was calling Lieberman's critics 'a pack of crazed, ignorant ideological cannibals,' and I'm deeply sorry. It looks like I turned out to be the truly ignorant one in the end."
  • Fafblog Interviews: HILLARY CLINTON --- Worth it for this part alone -- "That's that no-nonsense down-to-business style I like about you, Hillary Clinton! You don't just talk about change. You talk about how much you don't just talk about change!" -- but there's more....
    CLINTON: I didn't vote for the war, Fafnir. I voted to give the president the authority to go to war. What was he going to use that authority for? Maybe he'd just frame it and hang it in his office. Maybe he'd use it to prop up one of the legs on his desk. Maybe he'd use it to sing songs and dance jigs and lift weary spirits down at the old folks home! I honestly couldn't say!

    FB: If only you knew at the time that that devious George Bush would use a war authorization to authorize a war!

    CLINTON: You know, I guess I'm just too giving. Maybe I just love my country too much to deny it the universal health care and endless wars it so desperately needs. Maybe some theoretical secret black Muslim who hates America wouldn't have that problem.

    FB: Maybe it didn't have to be an actual war, though. Maybe you coulda just met the president halfway by settin a big pile a money on fire an shootin a buncha random people.
  • The 3rd Annual Nigerian EMail Conference: "Write better emails. Make more moneys." ---
    Like most Nigerians, you're probably finding that it's increasingly difficult to earn a decent living from email. That's why you need to attend the 3rd Annual Nigerian EMail Conference.

    "This conference is an investment in your future. Learn to take advantage of modern technology, and make a great deal of money with very little effort. If you have any question, please contact me and I will send you a proposal that may be of interest to you. I await your response by return while assuring you that the transaction is absolutely risk free."
    - Dr. Collins Mbadiwe
  • Shroud Of Turin Accidentally Washed With Red Shirt (The Onion) ---
    The damage occurred when Pope Benedict XVI, whose turn it was to do the Vatican laundry, did not notice that a brand-new, bright-red Hanes Beefy-T belonging to Cardinal Angelo Sodano had been placed inside of the consecrated cleansing vessel, the Holy Whirlpool 24934 top-load washer.
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    Friday, May 23, 2008
     
    It's Yoo again
    In today's Washington Post article "Sentence in Memo Discounted FISA," Robert Barnes reports that Senators Whitehouse and Feinstein have finally pried loose an Office of Legal Counsel (OLC) opinion purporting to provide legal cover for ignoring FISA (the Foreign Intelligence Surveillance Act) as the exclusive means by which electronic surveillance may be conducted. Barnes quotes John Yoo:
    "[u]nless Congress made a clear statement in the Foreign Intelligence Surveillance Act that it sought to restrict presidential authority to conduct warrantless searches in the national security area -- which it has not -- then the statute must be construed to avoid [such] a reading.'
    Or as Barnes puts it, "In short, in this context exclusive does not mean exclusive because Congress did not specifically rule out the alternative approach sought by the administration."

    Now we've known that Yoo is a dangerous authoritarian hack for years, so yet more evidence of that may evince nothing but yawns. Still...
    • It took 2008-2001 = 7 flipping years for this opinion to come to light -- and even now only to Senators.
    • As 'emptywheel' ("firedoglake") writes, the document is part of a set of four by Yoo that Senator Whitehouse quoted from in the Senate late last year, all of which purport to let the President be the principal arbiter of what his Article II powers are under the Constitution. Yoo was writing the recipe for a silent putsch.
    • As Barnes reports, the Department of Justice continues to rely* on the 2001 authorization of military force (AUMF) against Al Qaeda as justification for warrantless electronic surveillance -- despite a vociferous denial by the Majority Leader at the time, Tom Daschle, that the legislation gave such authority.
    I also want to add another point to these, one that's smaller in some ways, perhaps important after all in others.

    After New York Times published Risen and Lichtblau's initial story on the NSA warrantless electronic surveillance, it developed that the publication was prompted in large part by Risen's threat to scoop his own story by publishing it in his then-upcoming book "State of War." In the course of the last few days I've been poking around the Internet looking for background and discussion of those decisions -- first, not to publish, and later to publish after all. One of the tangential items that hunt turned up was "Risen vs. Risen," a comparison, by Slate's Jack Shafer, of Risen's book with his and Lichtblau's reporting. Shafer sniffed at the allegedly poorer standards in the book:
    ...when Risen writes in his chapter about the "small, select group of like-minded conservative lawyers" in the Justice Department who Attorney General John Ashcroft assigned to write legal opinions to support the secret NSA surveillance. "They may have been some of the same lawyers involved in the legal opinions supporting the harsh interrogation techniques," Risen writes, bringing two thoughts to mind: 1) They may also not be and 2) such unsupported speculation would never pass muster in the Times.
    Well, Shafer can rest his little head easier tonight. In fact, it was exactly the same lawyer involved.

    I'm no expert on the journalistic protocols involved here. I assume if Risen wrote "they may have been some of the same lawyers involved " it's because sources told him "they may have been some of the same lawyers involved." And that's good enough for me -- even if there weren't a lawless, stonewalling mafia of an executive branch involved.

    What gets me is Shafer's snotty attitude towards a journalist by someone allegedly concerned with journalistic standards. Shafer both leavened and sharpened the charge in his conclusion:
    Enough of my ungrateful carping: James Risen deserves our thanks for both his book and his newspaper work. But my point stands. The fundamental difference between good book chapters and good newspaper articles boils down to this: The highest journalistic standard in New York book publishing is one of liability. "Did we libel anybody?" At newspapers like the Times it is, "Is it true?"
    Given this week's news, Mr. Shafer, your point doesn't stand either. Actually, this is just the coup de grace -- it never did. What Risen said was true either way, and worthwhile writing either way, and it was shabby to imply otherwise.

    And let me suggest a second set of questions to distinguish Risen the book author from Times editors' Hamlet-like indecision over his and Lichtblau's story: do we fail the country and our journalistic mission by not publishing this story? Or do we sit around and wait for someone braver?



    =====
    * Memorandum from Brian Benczkowski, Deputy Attorney General to Senators Whitehouse and Feinstein, published at "firedoglake" via "emptywheel". As a side note, it took the Post 2 days longer than this (excellent) blogger to report the story -- and the Post failed to supply any links like this one to supporting documentation.. Advantage: blogosphere.
     
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