Showing posts with label FISA. Show all posts
Showing posts with label FISA. Show all posts

Wednesday, April 29, 2009

Why I'm Hard on Obama

Recently, my facebook wall became a bit of an ideological battleground. I have spats with one of my liberal friends from Indiana who is wholly in the tank for Obama. Then, a girl I had a fleeting crush on (Yes, you Amy) in my last few weeks at IU (my first time around) has been giving her two cents, along with an old friend from grade school, among others. The topics of contention varied, from school choice to spending and waste. The topic, however, that garnered the most comments was Obama's bow to the King of Saudi Arabia.

Without rehashing all the mess that went along with it, the general consensus of the liberal faction was that a) it wasn't a big deal, b) we should be worrying about other things and c) we should give Obama some space and time to see how his policies play out. I grant "a" to a certain extent, fully agree with "b," and "c" I couldn't disagree with more strongly because I think it flies fully in the face of "b." There was also mention that I was detracting from Obama just to be contrarian, or perhaps out of some partisan agenda. Neither is true, but probably would have been 10 years ago or so, so I'll forgive the assumption.

As I've noted here before, I hoped Obama would do well and have, most definitely, gushed pride for his accomplishments. But almost all good will toward him has been erased, not for some petty reason or any fealty to the GOP--I think they'd be screwing up pretty bad too, at the moment, because only about five of them really buy the limited government argument they've been spouting since the election--but because he is what I feared he'd be: just another opportunistic Democratic politician who will pander to the typical lefty constituencies (the American Bar Association, the Big Labor, and--most disappointingly--the teachers' unions). While one would expect some deference to his party's supporters, he's going out of his way to make himself a liar and bend to the whim of Reid, Pelosi, et al. who represent anything but "change." Furthermore, he's maintained or strengthened some of the Bush administrations most awful policies: indefinite detention and state's secret privilege, which even the left is starting to howl about.

Even though he has as much political capital as W. did post-9/11 and more than Bill Clinton ever enjoyed while in office, Obama can't bring himself to use it against his own party--effectively the only group keeping him from implementing his own policy.

Between his capitulations and outright reneges, the Obama presidency has already demonstrated itself to be more of the same, instead of the change that so many--and on some levels, I must count myself here--hoped for. Below, you will find a list of his more egregious actions, none of which involve royalty, diplomacy, or foreign policy--and the majority of which come from either major news sources or respected but unabashedly liberal sites (not that there's anything wrong with that):

Farm subsidies
(New York Times):


The White House plan would have prohibited so-called direct payments to farms whose annual gross receipts exceeded $500,000 — a large sum on the surface, but one that did not take account of whether those receipts yielded any real profits.

Within days, the National Farmers Union, which represents roughly 250,000 farm families, forcefully denounced the president’s plan and urged Congress to oppose it. The group’s board also raised the issue at a meeting with officials at the White House

While Mr. Obama’s Democratic allies on Capitol Hill adopted much of his budget template, the farm subsidy limits never got off the ground.

State Secrets (Washington Post):


There are two things you really need to know about the "state secrets" privilege.

The first is that the government lied in the 1953 Supreme Court case that established the government's right not to disclose to the judicial branch information that would compromise national security. The widows of three civilian engineers who died in a military airplane crash sued the government for negligence. The government refused to turn over records, citing national security. But some 50 years later, when the records in question were made public, there were no national security secrets in them, just embarrassing information establishing the government's negligence. (More about the case here.)

The second thing is that the way the state secrets privilege has typically worked since then is that the government can refuse to publicly disclose a specific item of information if it explains why to the judge. The idea is not that government officials get to tell a judge to dismiss an entire case because they don't want to answer any questions at all.

But it is precisely such a sweeping assertion that the Justice Department -- the Obama Justice Department -- is making in three cases that relate to torture and warrantless wiretapping. (emphasis in original)

State Secrets, cont'd (Salon.com/Glenn Greenwald):


Every defining attribute of Bush's radical secrecy powers -- every one -- is found [in Obama's DOJ briefs], and in exactly the same tone and with the exact same mindset. Thus: how the U.S. government eavesdrops on its citizens is too secret to allow a court to determine its legality. We must just blindly accept the claims from the President's DNI that we will all be endangered if we allow courts to determine the legality of the President's actions. Even confirming or denying already publicly known facts -- such as the involvement of the telecoms and the massive data-mining programs -- would be too damaging to national security. Why? Because the DNI says so. It is not merely specific documents, but entire lawsuits, that must be dismissed in advance as soon as the privilege is asserted because "its very subject matter would inherently risk or require the disclosure of state secrets." (emphasis in original)



Education (Former DC Mayor Williams in Washington Post)

The reality of our children's deficits demands much more than we have given them. Platitudes, well-crafted speeches and the latest three-to-five-year reform plan aren't good enough. We must find ways to educate every child now, by any means necessary.

It was that spirit that led us, as elected officials of the District in 2003, to promote the D.C. Opportunity Scholarship Program. The program, which provides scholarships for low-income children to attend private schools, is part of the three-sector initiative that annually provides $50 million in federal funding to the District for education purposes. That money has been equally divided among D.C. Public Schools, D.C. Public Charter Schools and the scholarship program.

...

Despite...obvious signs of success, though, some in Congress want to end the program. Its funding is set to expire after the next school year ends, but some have even suggested curtailing it immediately so that these students can be placed in D.C. public schools as soon as possible. Already, no more students are being enrolled. These naysayers -- many of whom are fellow Democrats -- see vouchers as a tool to destroy the public education system. Their rhetoric and ire are largely fueled by those special-interest groups that are more dedicated to the adults working in the education system than to making certain every child is properly educated.

To us, that narrow perspective is wrongheaded and impractical, especially during these perilous economic times. Rather than talking about ending this scholarship program, federal lawmakers should allow more children to benefit from it.

Obama's Dept of Ed killed the program

AIG/punitive taxation due to misinformed populist outcry (New York Times)


It is with deep regret that I submit my notice of resignation from A.I.G. Financial Products. I hope you take the time to read this entire letter. Before describing the details of my decision, I want to offer some context:

I am proud of everything I have done for the commodity and equity divisions of A.I.G.-F.P. I was in no way involved in — or responsible for — the credit default swap transactions that have hamstrung A.I.G. Nor were more than a handful of the 400 current employees of A.I.G.-F.P. Most of those responsible have left the company and have conspicuously escaped the public outrage.

After 12 months of hard work dismantling the company — during which A.I.G. reassured us many times we would be rewarded in March 2009 — we in the financial products unit have been betrayed by A.I.G. and are being unfairly persecuted by elected officials. In response to this, I will now leave the company and donate my entire post-tax retention payment to those suffering from the global economic downturn. My intent is to keep none of the money myself.

I take this action after 11 years of dedicated, honorable service to A.I.G. I can no longer effectively perform my duties in this dysfunctional environment, nor am I being paid to do so. Like you, I was asked to work for an annual salary of $1, and I agreed out of a sense of duty to the company and to the public officials who have come to its aid. Having now been let down by both, I can no longer justify spending 10, 12, 14 hours a day away from my family for the benefit of those who have let me down.

Medical Marijuana (reason.com):


Federal agents raided a medical marijuana dispensary in San Francisco Wednesday, a week after U.S. Attorney General Eric Holder signaled that the Obama administration would not prosecute distributors of pot used for medicinal purposes that operate under sanction of state law.
Transparency (Cato@Liberty/Jim Harper)


On the campaign trail, President Obama promised to post bills online for five days before signing them.

Last week, President Obama signed three new bills into law. None of them received the promised “Sunlight Before Signing” treatment - at least, not as far as our research reveals. (The White House has yet to establish a uniform place on its Web site where the public can look for bills that the President has received from Congress.)

The new bills put today’s podcast on Obama’s five-day pledge slightly out of date. He is not batting .091 on his transparency pledge. He’s batting .071. The substance of the podcast remains true, however: This is still a worse record than the Nationals.

Domestic Surveillance (ACLU):

A series of leaked "intelligence" reports have caused quite a dust-up over the last several weeks. A Texas fusion center warned about a terrorist threat from "the international far Left," the Department of Homeland Security and a Missouri fusion center warned of threats posed by right-wing ideologues, and a Virginia fusion center saw threats from across the political spectrum and called certain colleges and religious groups "nodes of radicalization." These are all examples of domestic security gone wrong. The way for local police to secure their communities against real threats is to focus on criminal activities and the individuals involved in criminal activities.

Trade (reason.com):

Just because it was totally predictable, doesn't make it any less outrageous: The man who campaigned daily against trade agreements and outsourcing has sparked an utterly pointless trade war with Mexico.

In addition to these, there has been double-talk on pork and earmarks while Democrats spread their spoils of electoral victory across their favorite constituencies, half-hearted gestures on fiscal responsibility (and I'm probably being generous about half of a heart), rushing to pass stimulus "right now" and then waiting two days to sign it in spite of few if any in Congress having the time to read it before voting, holding a proverbial gun to the head of the Senate (think "nuclear option" woo, bipartisanship!) and other tactics employed by politicians against politicians for political advantage against the better interests of the people.

The sooner America realizes that he's just another smooth-talking politician (we've seen one or two of them before, haven't we?), the better off everyone will be. But right now, so many people just think the man can do no wrong, in spite of his miserable track record of broken promises, outright lies, and self-serving political moves that only help the Democrats at the expense of the people.

I've got more change in my pocket than we've seen in 100 days.

Tuesday, November 11, 2008

Change You Can Believe In...

From the WSJ:

On the campaign trail, Mr. Obama criticized many of President George W. Bush's counterterrorism policies. He condemned Mr. Bush for promoting "excessive secrecy, indefinite detention, warrantless wiretapping and 'enhanced interrogation techniques' like simulated drowning that qualify as torture through any careful measure of the law or appeal to human decency."

Amen. Unfortunately, that was later in the column. The column begins like this:

President-elect Barack Obama is unlikely to radically overhaul controversial Bush administration intelligence policies, advisers say, an approach that is almost certain to create tension within the Democratic Party.

Civil-liberties groups were among those outraged that the White House sanctioned the use of harsh intelligence techniques -- which some consider torture -- by the Central Intelligence Agency, and expanded domestic spy powers. These groups are demanding quick action to reverse these policies.

Mr. Obama is being advised largely by a group of intelligence professionals, including some who have supported Republicans, and centrist former officials in the Clinton administration. They say he is likely to fill key intelligence posts with pragmatists.

"He's going to take a very centrist approach to these issues," said Roger Cressey, a former counterterrorism official in the Clinton and Bush administrations. "Whenever an administration swings too far on the spectrum left or right, we end up getting ourselves in big trouble."

So much for "condemnation" and "appeal[s] to human decency."

Maybe he'll still break a fiver for me?

Friday, June 20, 2008

Brutalizing English for Political Gain

My head nearly exploded this morning when I read this opening paragraph of a WSJ editorial:

The best news about yesterday's White House-Democrat deal on overseas eavesdropping is that the ACLU and the anti-antiterror Internet mob are apoplectic. This can only be good for U.S. national security. Too bad the compromise also comes at the cost of a further erosion of Presidential war powers.
"Anti-antiterror?" "War powers?"

I've ranted against "anti-antiterror" before, although it still infuriates me to no end. If the WSJ is going to be that way, they should just call people like me pro-terrorist or communist or whatever other ridiculous smear they can think of for properly comprehending the 4th Amendment to the Constitution of the United States. If they did that, they could limit their offensiveness to their own ideas without butchering the language to mask the absurdity of their implication.

Secondly, domestic intelligence gathering is not a tool of war. Indeed, it is a criminal justice issue and thus properly relegated to the judicial oversight of the FISA court. Under this twisted logic that conflates a policy talking-point (i.e. "War on Terror") with a conflict between military or paramilitary forces (i.e., war), one could easily argue for discarding Constitutional rights in the "War on Drugs" or even the "War on Poverty"--and they have.

Calling something a "war" as a political tactic does not make it so. Such language is simply a political trick to convince the public that the government can strip individuals rights for the sake of some greater good during a national emergency, that may or may not be as dangerous as advertised.

More on the political chicanery of the ubiquitous war metaphor can be found in my friend Gene Healy's book Cult of the Presidency. Buy it here.

Monday, December 10, 2007

Take My Job...PLEASE!

In an extraordinarily disgusting op-ed in the NYT today, (entitled 'Help Me Spy on Al-Qaeda') DNI director Mike McConnell extols the virtues of throwing out the 4th Amendment for the purposes of making his job easier:

Before the Protect America Act was enacted, to monitor the communications of foreign intelligence targets outside the United States, in some cases we had to operate under the Foreign Intelligence Surveillance Act, known as FISA, a law that had not kept pace with changes in technology. In a significant number of these cases, FISA required us to obtain a court order. This requirement slowed — and sometimes prevented — our ability to collect timely foreign intelligence.
For the record, the FISA court acts like a secret grand jury of judges...if you want to spy on a ham sandwich, just say the word. But when the government's case is especially specious, they have been known to turn down a ridiculously low number of applications. But I digress...

Any new law should begin by being true to the principles that make the Protect America Act successful. First, the intelligence community needs a law that does not require a court order for surveillance directed at a foreign intelligence target reasonably believed to be outside the United States, regardless of where the communications are found. The intelligence community should spend its time protecting our nation, not providing privacy protections to foreign terrorists and other diffuse international threats. (Emphasis added.)
So, if I read this correctly, the government has to show (up to four months post facto) that it "reasonably believes" that the information it taps is of foreign origin, but can still be considered "regardless" of where it is actually collected.

No warrant. No judge. Our safeguards are reduced to the 'reasonableness' of our government.

Pardon me if I don't feel any safer.