Post-partisan Ass-covering

by matttbastard

Paul Krugman wades into the ongoing debate over whether Obama should look back or move forward with regards to extra-legal activities on the part of the outgoing administration:

Last Sunday President-elect Barack Obama was asked whether he would seek an investigation of possible crimes by the Bush administration. “I don’t believe that anybody is above the law,” he responded, but “we need to look forward as opposed to looking backwards.”

I’m sorry, but if we don’t have an inquest into what happened during the Bush years — and nearly everyone has taken Mr. Obama’s remarks to mean that we won’t — this means that those who hold power are indeed above the law because they don’t face any consequences if they abuse their power.

[…]

Now, it’s true that a serious investigation of Bush-era abuses would make Washington an uncomfortable place, both for those who abused power and those who acted as their enablers or apologists. And these people have a lot of friends. But the price of protecting their comfort would be high: If we whitewash the abuses of the past eight years, we’ll guarantee that they will happen again.

First, let me make it clear that my sentiments directly and unequivocally intersect with Krugman’s, as outlined in this post. With that said, I’m all-too pessimistic about the likelihood of any serious investigations taking place. As Earl Ofari Hutchinson notes, members of the party that currently controls both branches of Congress (including and especially its leadership) also have bloodstained hands:

The Democratic-controlled Congress passed the “Protect America Act.” This put the Congressional stamp of approval on what Bush did and actually expanded his powers to snoop. The targets weren’t just foreign terror suspects and known operatives but American citizens. Democrats knew this and approved it by inserting in the law open ended wording that permitted legalized spying on anyone outside the U.S. who intelligence agencies “reasonably believed” to posses foreign intelligence information. The law deliberately made no distinction about exactly who the target could be. Then there was the infamous clause that granted immunity from lawsuits to communications service providers that made Bush snooping possible. With no fear or threat of legal action against the companies, the wraps were legally off on who could be snooped on. As an added sweetener the law also gave Bush emergency power to tap for up to a week anyone deemed a terror threat; all without a warrant.

And one can’t forget about the CIA’s torture enhanced interrogation program, of which top-level Democratic members of the House and Senate were informed early on of what was going on, yet at the time chose to do nothing. So, with all due respect to people like John Conyers Jr., any attempt to cast the spotlight on the many, many crimes committed over the past decade and hold everyone who is responsible accountable is, I fear, ultimately a futile pursuit. Forgive and (most importantly) forget will be the mantra that the Washington establishment continues to embrace, purely out of an unhealthy, cynical, yet entirely understandable bipartisan sense of self-preservation.

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To 2015 — And Beyond!

by matttbastard

“I’ve never looked at myself in the mirror and said, ‘What a good guy he is.’”

Making every Democrat and progressive who gives a shit about effective Congressional leadership wince, Harry Reid has informed The Politico that he isn’t going anywhere, and dares Republicans to bring it on (so to speak) in 2010. Yes, because nothing says “heckuva job” like once again guiding Congress to historically low approval ratings in 2008–shit, if Reid were the CEO of a Fortune 500 company he’d…er, well, he’d likely be handed a hefty multi-million dollar bonus and a contract extension. Anyway, despite all that pesky dissatisfaction being expressed by the ungrateful masses, Reid confidently likens his role over the past 8 years to “a point on a spear going against George Bush,” claiming “[t]hat’s what I had to do to protect the United States Senate and the country.”

Right, well, if that’s the case, the Dems better think about sharpening that mofo, because apparently it can’t pierce tissue paper, as Glenn Greenwald tartly notes:

Not even the most cynical political observer would have believed that it was the ascension of Harry Reid and Nancy Pelosi that would be the necessary catalyst for satisfying Bush’s most audacious demands, concerning his most brazenly illegal actions. If anything, hopes were high that Democratic control of Congress would entail a legislative halt to warrantless eavesdropping or, at the very least, some meaningful investigation and disclosure — what we once charmingly called “oversight” — regarding what Bush’s domestic spying had really entailed. After all, the NSA program was the purified embodiment of the most radical attributes of a radical regime — pure lawlessness, absolute secrecy, a Stasi-like fixation on domestic surveillance. It was widely assumed, even among embittered cynics, that the new Democratic leadership in Congress would not use their newfound control to protect and endorse these abuses.

Yet in July 2008, there stood Pelosi and Reid, leading their caucuses as they stamped their imprimatur of approval on Bush’s spying programs. The so-called FISA Amendments Act of 2008 passed with virtually unanimous GOP and substantial Democratic support, including the entire top level of the House Democratic leadership. It legalized vast new categories of warrantless eavesdropping and endowed telecoms with full immunity for prior surveillance lawbreaking. Most important, it ensured a permanent and harmless end to what appeared to be the devastating scandal that exploded in 2005 when the New York Times revealed to the country that the Bush administration was spying on Americans illegally, without warrants of any kind.

With passage of the Act, Democrats delivered to the Bush administration everything it wanted — and more. GOP Sen. Kit Bond actually taunted the Democrats in the Times for giving away the store: “I think the White House got a better deal than they even had hoped to get.”

[…]

The FISA fight was the destructive template that drove virtually every other civil liberties battle of the last year. Time and again, Democrats failed to deliver on a single promise. They failed to overcome a GOP filibuster in the Senate to restore habeas corpus, which had been partially abolished in 2006 as a result of the Military Commissions Act that passed with substantial Democratic support and wholesale Democratic passivity. Notably, while Senate Democrats, when in the minority, never even considered a filibuster to block the Military Commissions Act, it was simply assumed that the GOP, when it was in the minority, would filibuster in order to prevent passage of the Habeas Restoration Act. And filibuster they did.

Apparently Reid and his fellow travellers in the legislative branch never paid much heed to the old adage re: bringing knives to gun fights. The principle also holds true for spears, I’m sure. Especially dull spears, with roses and sweet, sweet candy tied to the tip (sour overtures to lame ducks aside).

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Obligatory FISA Compromise Post

by matttbastard

It really is the circle of life in Washington. And, yes, Obama totally deserves the WOTD moniker for rolling over right along with the rest of ’em“[A] colossal failure of leadership” is putting it mildly; with this so-called “compromise”, Obama and the Democratic Party have collectively given the legislative finger to the rule of law, securing themselves a dubious legacy:

…in 2006, when the Congress was controlled by Bill Frist and Denny Hastert, the [Bush] administration tried to get a bill passed legalizing warrantless eavesdropping and telecom amnesty, but was unable. They had to wait until the Congress was controlled by Steny Hoyer, Nancy Pelosi and Harry Reid to accomplish that.

Heck.  Of.  A.  Motherfucking.  Job.

Fucking hell.

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