a short quiz on big brother

1. if there were a clickbox labled "allow gov't surveillance", would you click "yes"?

2. do you believe anyone else would click "yes"?

3. if not, then why is there unlimited gov't surveillance?

a modest proposal

for a modest president of a modest nation, offered to firedoglake's jane hamsher by constitutional lawyer bruce fein:

jane:	... so, ah, george bush pardons everybody on the way out the door, there's a new president: what would you like to see happen in a new administration, in order to be able to look back, and i'm assuming that you're not one of the people who says "let bygones be bygones, let's all look forward" ... ?
bruce:	the first thing the president ought to do is announce that we don't have any war against international terrorism, that these are criminals, and we will treat them as criminals, we'll capture them as criminals, and try them, prosecute them, and punish them as criminals. second thing he should do is say "i don't have any power to detain americans as enemy combatants, ah, we either charge you with [a] crime or let you alone." third thing he'd say "i do not have any power to violate federal laws in gathering foreign intelligence. i can't commit torture, i can't violate fisa, i can't open your mail, except in accordance with what congress has prescribed." fourth thing he should say is "i'm not gonna invoke execute privilege and use secrecy to prevent you from knowing what i'm doing. absent weapons systems, my government will be transparent, and i'll make certain all my officials come and testify before congress. there may be need for executive sessions, if there's sensitive information, but i will not claim executive privilege and hide from congress anything." another thing that he should say is "i do not have authority to engage in extraordinary rendition. i can't go abroad and simply kidnap people, stick them in an interrogation chamber, torture them, dump them out without any political or legal recourses. and i won't do that. that is a formula for returning the world to a hobbesian state of nature, and authorizing other foreign governments to kidnap americans who might be sympathetic to some indigenous force, chechens in russia for instance, or tibetans in china. and the fifth thing he should say is "i'm shutting down the military commissions in guantanamo. all those people charged will be moved to civilian, ah, sector for trial consistent with due process, and all the guantanamo bay detainees will have a right to habeas corpus and i'm not detaining even non-citizens as enemy combatants. if i think i have evidence they've committed a crime, i prosecute them, otherwise, y'know, they can go back." and perhaps the most important thing — i don't have enough time to fully amplify on this idea — is to say "the united states of america chief, really cardinal mission, is to protect america and make it a more perfect union. we don't need and it doesn't make us safer to have a military footprint all over the globe. and i will work to eliminate all of our foreign troops abroad. defense will mean we'll have a defense against anyone who wants to attack us. if anyone attacks us, we'll incinerate them, but other than that, we, um, wish other people in the world happiness and freedom but we're not gonna sacrifice our men and women to protect the lives of people who have no loyalty, no taxes that pay to the united states, they're not u.s. citizens or who aren't involved in any way. we don't go abroad in search of dragons, as john quincy adams said in 1826, to project our power abroad. it's that, that craving for international stature and prestige that's caused disaster to the constitution of the united states," and i'd want to see a president of the united states say "that era is over." "now i'm a president of modesty. i don't want to leave my footprints in the sands of time based upon fighting wars and attempting to transform the world in our own image. we've got enough problems making ourselves a more perfect union, and i'm not gonna do something that i don't know how to do, and in any event, it's not up to me to risk men and women's lives for a people who owe no loyalty to the united states." that is what i'd like to see. now regards to the people who are outgoing? i'd want to say the president should announce that he certainly will open criminal investigations if there was wrongdoing in the prior administration, ah, and he's gonna make certain that and pledge that he would expect a succeeding administration after his to do the same, if his administration committed any wrongdoing. um, and so he's not gonna hold this administration up to any more immunity than he would grant a predecessor administration.
jane:	i hope we get that president.

time is not on your side

as with most of the blogosphere, i've been watching over the last two weeks the not-so-slow-motion trainwreck of joe klein's "well beyond stupid" hit piece on the democrats' restore act and time magazine's craven and clownish defense of klein — even after klein stopped defending himself — as doggedly documented by glenn greenwald:

although i've posted nothing to date of my own on the fiasco, i sympathized with those who voiced continued frustration with the democrats' puzzling silence in the face of yet another fact-free and callow smear. such silence only contributes to the ongoing right-wing narrative of left-wing weakness. to date, i can recall only one response from any democratic official, that of rep. rush holt of new jersey, one of the bill's authors: what's really in the restore act.

well it seems that the silence of the democrats was not due to any clichéd lack of spine on their part, as glenn revealed today in yet another revelatory post: time magazine refused to publish responses to klein's false smears:

sen. russ feingold submitted a letter to time protesting the false statements in klein's article. but time refused to publish it. sen. feingold's spokesman said that the letter "was submitted to time very shortly after klein's column ran but the letters department was about as responsive as the column was accurate."

feingold was not the only democrat getting stiff-armed — incredible as it is to believe, every democrat who tried to get a hearing on time's pages was ignored:

rep. rush holt — before he published his response in the huffington post detailing klein's false claims — asked that he be given the opportunity to respond to klein's false column directly on time's swampland, where klein was in the process of making all sorts of statements compounding his errors. but time also denied rep. holt the opportunity to bring his response to the attention of time's readers.

a letter was also sent to time jointly from house judiciary committee chairman john conyers and house intelligence committee chairman silvestre reyes. although they communicated with time in advance and advised them that the letter was coming, time has not published this letter either. [empasis mine]

and while time is free to publish whatever it deems fit on its letters pages,

at least 100 individuals wrote letters to time's editors protesting klein's article and responding to its claims. i know this because that's how many people (at least) cc'd me on their letters, forwarded them to me, and/or copied their letters to the editor in the comment section here. managing editor rick stengel's voice mail and email box overflowed with responses. nonetheless, time — while publishing 15 separate letters on a whole array of topics in its print edition this week — did not see fit to publish a single letter about the klein falsehoods. at every step, they sought to hide from their readers — and continue to hide from their readers — just how outrageous and severe were klein's false statements by suppressing all responses. [empasis mine]

these latests revelations simply boggle the mind. the ever-more-deeping corruption of time magazine is once again laid bare. i would daresay that, without a wholesale change in management, time's reputation is now irrecoverably damaged.

i would urge those who care (a group that does not include myself, since i do not read time) to let time know what you think of their complete surrender to the dark side, but as glenn has demonstrated yet again, it's clear that they don't care either.

greenwald v. klein and time magazine the tone-deaf democrats by joe klein too many of them — in congress and the presidential campaign — still don't get national security. [11/21/07] joe klein: both factually false and stuck in the 1980s the time pundit spouts pro-capitulation advice to democrats that is as obsolete as it is grounded in falsehoods. [11/21/07] time magazine's fisa fiasco shows how beltway reporters mislead the country joe klein passed on outright gop lies about the house democratic fisa bill to 4 million time readers and now obscures what happened. [11/25/07] time magazine lavishly rewards journalistic malpractice the newsweekly's behavior under managing editor rick stengel enthusiastically promotes fact-free journalism. [11/26/07] joe klein digs time's hole deeper still the still-uncorrected errors in the time article are made far worse by klein's ongoing deceit. [11/26/07] demand answers from time magazine the time editors responsible for joe klein's "shameful journalism" arrogantly refuse to account for what they did. [11/27/07] everything that is rancid and corrupt with modern journalism: the nutshell time's "correction" reads like satire. [11/27/07] bad stenographers referring to the role played by our establishment press as stenography is truly an insult to the work of professional stenographers. [11/28/07] time tries again the editors went today and corrected yesterday's correction. they should keep trying. [11/28/07] the chicago tribune vs. time magazine the newspaper clearly and unequivocally states that joe klein's statements were false. update: gop rep. pete hoekstra outs himself as klein's source. [11/29/07] time magazine refused to publish responses to klein's false smears both sen. feingold and rep. holt asked to respond to joe klein's falsehoods. both were blocked from doing so. [12/4/07] update: protecting privacy by sen. russ feingold klein calls the democrats' position on reforming the foreign intelligence surveillance act "well beyond stupid" but without getting his facts straight. [12/3/07] setting the record straight on fisa by rep. john conyers a comprehensive and detailed response to the president's accusations of obstruction, the misinformation in the time magazine column, and the debate over warrantless surveillance. [12/5/07]

liar

yes, i know — politicians lie, fib, equivocate, prevaricate, fabricate, dissemble, misinform and mislead like fish breathe water — not exactly breaking news.

but senate intelligence committee chair arlen specter seems to have told us a desperate ass-saving whopper that needs to be called out.

you'll recall my post "the not ready for prime time players", which highlights specter's cowardly proposal to grant amnesty to administration officials who may have broken federal law by engaging in the widespread warrantless wiretapping of american citizens. if blanket amnesty for the bush administration weren't craven enough, specter's proposal, if granted, would also make that amnesty retroactive to 1978, the year congress enacted the fisa statute, which created the fisa court, the only judicial body charged with reviewing federal warrant applications on matters of national security.

which means that every illegal espionage act for the past thirty years would be summarily disregarded with only a signature. so much for the party of accountability.

you'll also recall in the update to that post, that news of specter's call for amnesty seems to have been the result of a gross misreading of the proposed legislation by the washington post. it seemed that specter's bill wasn't quite as servile and loathsome as we've come to expect from the rubberstamping politburo we used to call congress. specter's immediate, vociferous and unequivocal prime-time denials seemed so genuine — or was it our desperate wish to believe that congress would not so eagerly castrate itself for a president whose approval ratings rival nixon's that made us so gullible?

glenn greenwald: i have now obtained (with the help of the aclu) a copy of specter's marked-up proposed legislation, which makes quite clear that specter simply was not telling the truth when he denied proposing amnesty to the administration. the bill in question was one which specter substituted last week in the judiciary committee for the prior legislation he proposed back in march (the reason the new version was not available online was because — according to the aclu — he introduced it only in the committee, but not yet on the senate floor). in sum, specter's legislation amends the provision of fisa which provides for criminal penalties, and then, astonishingly, makes those revisions retroactive all the way back to 1978 (when fisa was enacted). the effect and almost certainly the intent of those revisions is to immunize the president and anyone acting under his authority from criminal liability for violating fisa — just as the post and the aclu correctly reported, and just as specter falsely denied. ... currently, section 109(a) of fisa provides that "a person is guilty of an offense if he intentionally - (1) engages in electronic surveillance under color of law except as authorized by statute ..." that means that anyone who eavesdropping on americans without complying with the warrant requirements of the statute (fisa) is committing a felony. to amend this provision to include the phrase "or under the constitutional authority of the executive" after "authorized by statute," makes it legal to eavesdrop not only in compliance with fisa (i.e., by obtaining a warrant), but also under the "constitutional authority" of the president to engage in warrantless eavesdropping even if that warrantless eavesdropping is prohibited by fisa (which it is). ... section 801 of specter's proposed bill specifically provides that "nothing in this act shall be construed to limit the constitutional authority of the president to gather foreign intelligence information or monitor the activities or communications of any person reasonably believed to be associated with a foreign enemy of the united states." that language tracks precisely the language used to define the parameters of the warrantless eavesdropping program, and it makes crystal clear that its intent is to declare legal the nsa program. and that provision is one of the provisions that has retroactive application back to 1978, which means the specter bill goes back in time — 28 years — and transforms fisa from a statute which has always regulated the president's eavesdropping power into one which places no limits on that eavesdropping power of any kind. ... what is extremely noteworthy — and worth emphasizing — is that arlen specter amended his legislation to include the most extremist provision imaginable (retroactive amnesty for criminal behavior), all in order to please the president's allies on the judiciary committee (led by sen. kyl) — who, as always, are marching to the dictates of the white house, which obviously is willing to accept new fisa legislation only if it provides them with immunity from criminal prosecution for their lawbreaking. but even more notable still is the fact that after engaging in this behavior, specter went on national television and dishonestly denied that he was doing that.... specter was so embarrassed by his amnesty provision once the post revealed it that he simply denied that his legislation contained it even though it so plainly does. specter's dishonesty aside, these shenanigans reveal what the white house is really after. their senatorial minions are going to support nsa legislation only if it contains full amnesty for the lawbreakers in the administration. the white house will then "reluctantly" agree to a newly revised fisa, and will have full immunity from criminal prosecution. specter will be the primary sponsor of this, and the media will drool over his "maverick" status and suggest that it's unreasonable to argue that specter is acting as the obedient white house shill that he always, in the end, becomes. if even the independent, rule-of-law-loving specter advocates amensty, then doesn't that show that it's reasonable? the white house insists that it has clear legal authority for warrantless eavesdropping, so why are retroactive amendments to fisa's criminal provisions necessary at all? and if we stand by and allow the republicans in congress to legislatively exonerate the president and his aides from breaking the law, it is hard to imagine what we won't stand by and tolerate. if the president can break the law and then use his party's control over the congress to grant him legislative immunity from the consequences of his criminal behavior, no hyperbole is required to say that the rule of law exists only as an illusion.

the not ready for prime time players

it's saturday night, so let's tune into the not-ready-for-prime-time players. but it's not the cast of nbc's saturday night live we'll be watching, though this season's replacements from washington d.c. — that tragicomic capital of calumny and calamity — should prove as entertaining as the originals, if nothing else. we should by now be used to nothing else.

as i forewarned in my post "elegy", the constitutional crisis facing the country can only be resolved by congress' resumption of its responsibilities to both its constituents and itself as a concrete bulwark against any encroachment on its powers and duties by either of the other two branches of government — in these circumstances, the encroachments of the bush administration against the nation's time-tested system of checks and balances.

as glenn greenwald argues with his characteristic clarity — and frustration — in his post "a new low — the senate seeks to 'pardon' the president for past lawbreaking", from which i excerpt liberally, the 109th congress, especially as represented by senate intelligence committee chair arlen specter, is not quite ready for prime time:

observing and commenting on the behavior of arlen specter is one of the most unpleasant obligations a person can have, but for anyone following the nsa eavesdropping scandal specifically, and the bush administration's abuses of executive power generally, it is a necessary evil. the principal reason that the bush administration has been able to impose its radical theories of lawbreaking on the country is because congress, with an unseemly eagerness, has permitted itself to be humiliated over and over by an administration which does not hide its contempt for the notion that congress has any role to play in limiting and checking the executive branch. and few people have more vividly illustrated that institutional debasement than arlen specter, who, along with pat roberts, has done more than anyone else to ensure that congress completely relinquishes its constitutional powers to the president. congressional abdication is so uniquely damaging because the founders assumed that congress would naturally and instinctively resist encroachments by the executive, and the resulting institutional tension — the inevitable struggle for power between the branches — is what would preserve governmental balance and prevent true abuses of power. but for the last five years, congress has done the opposite of what the founders envisioned. they have meekly submitted to the almost total elimination of their role in our government and have quietly accepted consolidation of their powers in the president. if the congress is unmoved by their constitutional responsibilities, then at least basic human dignity ought to compel them to object to the administration's contempt for the laws they pass. after all, the laws which the administration claims it can ignore and has been breaking are their laws. the senate passed fisa by a vote of 95-1, and the mccain torture ban by a vote of 90-9, and it is those laws which the president is proclaiming he will simply ignore. and yet not only have they not objected, they have endorsed and even celebrated the president's claimed power to ignore the laws passed by congress. and that failure, more than anything else, is what has brought us to the real constitutional crisis we face as a result of having a president who claims the power to operate outside of, and above, the law. a bill proposed yesterday by arlen specter to resolve the nsa scandal — literally his fifth or sixth proposed bill on this subject in the last few months — would drag the congress to a new low of debasement. according to the washington post, specter has introduced a bill "that would give president bush the option of seeking a warrant from a special court for an electronic surveillance program such as the one being conducted by the national security agency." this proposal is the very opposite of everything specter has saying for the last several months: specter's approach modifies his earlier position that the nsa eavesdropping program, which targets international telephone calls and e-mails in which one party is suspected of links to terrorists, must be subject to supervision by the secret court set up under the foreign intelligence surveillance act (fisa). a law which makes it "an option" — rather than a requirement — for the government to obtain a warrant before eavesdropping is about as meaningless of a law as can be imagined. but that complete change of heart by specter is not even nearly the most corrupt part of his proposed bill. for pure corruption and constitutional abdication, nothing could match this: another part of the specter bill would grant blanket amnesty to anyone who authorized warrantless surveillance under presidential authority, a provision that seems to ensure that no one would be held criminally liable if the current program is found illegal under present law. the idea that the president's allies in congress would enact legislation which expressly shields government officials, including the president, from criminal liability for past lawbreaking is so reprehensible that it is difficult to describe. ... what makes this proposed amnesty so particularly indefensible is that specter himself has spent the last two months loudly complaining about the fact that he — along with the rest of the country — has been denied any information about how this illegal, secret eavesdropping has been conducted. has that power been abused? has it been exercised for political, rather than national security, reasons? before one even considers shielding those responsible for this lawbreaking from liability, wouldn't one have to at least know the answer to those questions? ... specter receives substantial criticism because of the flamboyant way in which he engages in what can only be described as sado-masochistic rituals with the administration. he pretends to exercise independence only to get beaten into extreme submission, and then returns eagerly for more. it is as unpleasant to watch as it is damaging to our country. but specter's unique psychological dramas should not obscure the fact that it is the entire congress which has failed in its responsibilities to take a stand against this president's lawbreaking and abuses, and there is plenty of blame to go around in both parties. the reason the president has been allowed to exert precisely the type of unrestrained power which the founders sought, first and foremost, to avoid, is because the congress has allowed him to.

update:

to glenn's further consternation, it looks like the post may have only imagined the heinous amnesty proposal in specter's bill:

before i wrote the post, i searched for the actual text of specter's bill in order to read it myself, but could not find it (specter's website is one of the worst sites for any senator, as it is usually a month or more behind). as a result, my post ... was based upon the post's reporting about specter's bill, rather than my own reading of it. i have now had a chance to review the actual text of specter's bill and cannot find any basis for the post's claim that it contains an amensty [sic] provision for past violations of the law. ... there is simply nothing in it which supports the post's report.

glenn had good cause to be cautious — this wasn't the first time that the post bungled the reading of the ever-multiplying proposals spawning from the senate intelligence committee:

before i wrote the post on friday, i was very reluctant to post anything about specter's bill in reliance on the report of the washington post. that's because the post previously published a front-page article about another fisa-related bill, this one proposed by sen. michael dewine, which was completely inaccurate about what the bill actually provided — not with regard to minor details of the bill, but with regard to its fundamental provisions. this is what happened. on march 17, the post published a front-page article by charles babington regarding the proposed legislation introduced by dewine (co-sponsored by sens. snowe, hagel, and graham), which was offered by those senators as the "compromise" solution when the republicans on the senate intelligence committee refused to hold hearings to investigate the nsa warrantless eavesdropping program. the post article falsely depicted this gop bill as vesting oversight power in the congress to stop warrantless eavesdropping, even though the bill provided nothing of the kind. specifically, the post article claimed — erroneously — that the bill would allow the administration to engage in warrantless eavesdropping only if a newly formed senate intelligence subcommittee approves of the program's renewal every 45 days. in fact, the legislation provided nothing of the sort. it gave no power whatsoever to any senate committee to approve or disapprove of warrantless eavesdropping. contrary to the post's front-page claim, that legislation would have vested no power whatsoever in the congress (or the courts) to stop the warrantless eavesdropping. it merely required that the administration "brief" the subcommittee, but the subcommittee (along with everyone else) would be completely powerless under that bill to stop the administration from engaging in warrantless eavesdropping. on that day, i first read the post article about this proposed legislation, but then found the legislation itself and read it. it was very clear that the post was simply wrong in what it told its readers on its front page about this significant legislation — wrong about the legislation's fundamentals.

poll pall

virtually overnight the washington post has generated a poll showing twice as many supporters than objectors to bush's illegal nsa spying program, which only yesterday was revealed to have been accumulating records on "tens of millions of americans", contrary to the administration's repeated assurances. bush supporters are of course ecstatic at any news that can be wrung into kool-aid while bush critics seem to be reflexively retreating into their ready disenchantment with the apathetic hordes.

i was planning to post my own analysis of the poll, whose construction raises serious questions regarding the framing of issues, and which completely ignored the central issue of warrants, court orders and oversight, but glenn greenwald's "polling hysteria and the nsa program" nimbly beat me to the punch:

... when the nsa eavesdropping scandal was first disclosed, rasmussen reports quickly issued a blatantly flawed poll purporting to show that "sixty-four percent (64%) of americans believe the national security agency (nsa) should be allowed to intercept telephone conversations between terrorism suspects in other countries and people living in the united states." the question mentioned nothing about warrants. it mentioned nothing about fisa. and it specified that the government would be eavesdropping only on conversations "between terrorism suspects." the only surprise with the results was that only 64% favored that. One would think that virtually everyone would favor eavesdropping on terrorism suspects. nonetheless, since that was the first poll, it was held up by bush followers as proof that the nsa scandal was political suicide for democrats ... as the debate over the nsa scandal became more informed and more americans understood the issues at stake, virtually every poll thereafter showed that a majority or plurality of americans oppose warrantless eavesdropping and/or believe the president broke the law, and some even show that a plurality favors the censure resolution. opinions change when people stand up and explain why what the government is doing is wrong and dangerous, and americans respect politicians who are willing to do that even when — especially when — they are not guaranteed by the consulting class ahead of time that they will win. all other issues aside, there is nothing for bush opponents to lose here by pursuing this issue. nobody who has abandoned george bush is going to again become a supporter of his because he is keeping track of the telephone calls of every single american.... ... meanwhile, in the real world, ever since the nsa scandal was revealed, the president's approval rating has done nothing but plummet. that, of course, does not demonstrate a causal relationship, but it certainly proves that scandals of this type do not remotely help the president in any way. all of those frightened beltway democrats who were anonymously screeching that russ feingold's censure resolution played right into karl rove's omnipotent hands, that it destroyed the grand democratic plan, that it would allow the president to recover by forcing the debate back onto his turf — how wrong were they, as always?

i encourage you to read the entire post.

meanwhile, for a no-nonsense takedown of the poll's questions themselves, be sure to also check out former telephone pollster krazypuppy's "worst poll ever: americans do care" at daily kos.