Senate Intelligence Committee Report Shows That CIA Lied About Torture & Torture Did Not Work

The Senate Intelligence Committee released their report today, providing documentation that the CIA was both brutal and dishonest about their tactics, and that torture did not work. The New York Times listed these seven key points:

  • The C.I.A.’s interrogation techniques were more brutal and employed more extensively than the agency portrayed.
  • The C.I.A. interrogation program was mismanaged and was not subject to adequate oversight.
  • The C.I.A. misled members of Congress and the White House about the effectiveness and extent of its brutal interrogation techniques.
  • Interrogators in the field who tried to stop the brutal techniques were repeatedly overruled by senior C.I.A. officials.
  • The C.I.A. repeatedly underreported the number of people it detained and subjected to harsh interrogation techniques under the program.
  • At least 26 detainees were wrongfully held and did not meet the government’s standard for detention.
  • The C.I.A. leaked classified information to journalists, exaggerating the success of interrogation methods in an effort to gain public support.

The Washington Post indexed the report by twenty key findings. See the articles in The Washington Post and New York Times for more specifics on each point.

1 “not an effective means of acquiring intelligence”
2 “rested on inaccurate claims of their effectiveness”
3 “brutal and far worse than the CIA represented”
4 “conditions of confinement for CIA detainees were harsher”
5 “repeatedly provided inaccurate information”
6 “actively avoided or impeded congressional oversight”
7 “impeded effective White House oversight”
8 “complicated, and in some cases impeded, the national security missions”
9 “impeded oversight by the CIA’s Office of Inspector General”
10 “coordinated the release of classified information to the media”
11 “unprepared as it began operating”
12 “deeply flawed throughout the program’s duration”
13 “overwhelmingly outsourced operations”
14 “coercive interrogation techniques that had not been approved”
15 “did not conduct a comprehensive or accurate accounting of the number of individuals it detained”
16 “failed to adequately evaluate the effectiveness”
17 “rarely reprimanded or held personnel accountable”
18 “ignored numerous internal critiques, criticisms, and objections”
19 “inherently unsustainable”
20 “damaged the United States’ standing in the world”

The Daily Beast lists The Most Gruesome Moments in the CIA ‘Torture Report’

Right-leaning Politico reports: Dick Cheney Was Lying About Torture–The Senate report confirms it doesn’t work. As those of us on the inside knew.

Needless to say, there is commentary throughout the blogosophere. Andrew Sullivan wrote:

The US did torture many many people with techniques devised by Nazis and Communists, sometimes in former KGB facilities. The CIA itself admits in its internal documents that none of it worked or gave us any actionable intelligence that wasn’t discovered through legal means. The torture techniques were not implemented by highly-trained professionals, but by goonish amateurs who concealed what they were doing and lied about it to superiors. All the techniques were and are clearly illegal under US and international law.

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Another Unforced Error On Selling Obamacare

The Obama administration has done an excellent job policy-wise with the Affordable Care Act, but politically has made a few major mistakes along the way. The most recent was discovered today when Bloomberg reported that the administration had made mistakes in reporting the number of people who obtained health coverage through the exchanges in its first year. The error came from adding sales of dental plans available under the Affordable Care Act to the total number who actually purchased plans.

HHS Secretary  Secretary Sylvia Burwell responded on Twitter that, “The mistake we made is unacceptable. I will be communicating that clearly throughout the dept.”

From a practical point of view, the mistake does not really change anything. The important factor is the benefits provided, not the number of people who signed up the first year, especially when the number was depressed by a dishonest right wing smear campaign. The actual number still exceeded the predictions of the Congressional Budget Office. Nearly seven million did obtain coverage on the exchanges in the first year, with about seventy percent happy with their coverage–a number comparable to those receiving employer-paid coverage and Medicare.

Unfortunately an error such as this plays into the false right wing narrative that the Obama administration was not transparent in promoting the Affordable Care Act. They ignore the degree to which every aspect was publicly debated for months, and every version of the law was posted on line. Of course many conservatives were probably unaware of the discussion which was occurring as the right wing media was too busy spreading lies than to actually report on what was being openly discussed.

Man on the right are cherry picking and distorting the words of Jonathan Gruber, as I recently discussed here and here. They falsely claim that Gruber was the “architect” of the Affordable Care Act and falsely attribute his views to the Obama administration. Gruber was an outside academic consultant who had worked on Mitt Romney’s health care plan. He was paid to make economic projections based upon this to predict the economic effects of Obamacare. He had no role in the legislative strategy to pass Obamacare, and does not speak for the Obama administration in making statements which Obama disagrees with.

Being an academic outside of Washington, it is very likely that the somewhat convoluted legislative actions used by both parties to achieve the best scores from the Congressional Budget Office might seem to lack transparency. This does not mean that those promoting Obamacare were in any way dishonest. They honestly presented the facts about the law. In contrast, when George Bush pushed through his Medicare drug plan, he not only lied about the cost, but threatened to fire the chief Medicare actuary if he testified before Congress about the true cost.

Gruber’s claims of a lack of transparency would be more meaningful if he actually demonstrated any areas in which the proponents of the ACA were not open about the plans. He spoke about the mandate, but this penalty for not purchasing insurance was widely discussed before passage. He also concentrated on how the ACA is a transfer of wealth, but this was both openly discussed, and a common feature of all insurance. All insurance plans transfer wealth from those who pay premiums and do not wind up needing the coverage to those who receive benefits. While conservatives are quoting Gruber because his statements seem to reinforce their biases, once you look at the details there is no evidence of dishonesty present.

On the other hand. , the real dishonesty came from Republicans who lied about death panels, the number not paying their premiums, the effects of the ACA on jobs and the economy, the cost of coverage, and falsely claiming that Obamacare is a government take over of health care.  Even the corrected numbers show that far more people purchased coverage than many Republicans have claimed. Republican politicians continue to repeat the same lies even when disproven.

Prior Political Errors

Unfortunately the error in reporting the number who purchased coverage is not the first unnecessary error which wound up hurting politically. The most prominent error was in failing to properly test the computer programs behind the exchange before they went live in 2013. The problems were quickly fixed and the exchanges opened successfully this week, but the Obama administration never fully recovered from the poor first impression.

The second error was in over simplifying the issues when making statements that people can keep their own plans and/or their own doctors. Obama was being honest in the context in which he was speaking, but in over simplifying the matter in this way he was incorrect. Obama was responding to far more inaccurate right wing claim that the Affordable Care Act amounts to a government take over of health care. They spread horror stories of people being forced to lose their current health plans (and doctor) and instead being placed on some imaginary government-run Obamacare plan. I had patients call me in horror, asking if they would be lose me as a doctor because of having to change to Obamacare.

Obama was right in answering that people would not be forced into a new government plan and would not arbitrarily be forced to change doctors.

He was incorrect  in how he worded it because other factors were involved. Insurance companies elected to cancel plans, often when they could be grandfathered in. Doctors go in and out of health plans every year, regardless of Obamacare, but Obamacare does not assign people to new doctors. With or without Obamacare, some people would have to change health plans and doctors every year.

Most people had the option to get insurance, from the same company as before if they desired, with better coverage at a lower cost. It is also a bit ambiguous as to what keeping the same plan means considering that in the individual market it has been common for insurance companies to substitute similar but different plans quite frequently. Most people would feel like they had the same plan as it was from the same company with only minor differences (or with better coverage).

When Obama realized his statement was technically wrong, he not only apologized but acted to make it right by making it even easier to grandfather in old plans. Many of the old plans which were discontinued provided extremely limited coverage for the price, and people were better off replacing them with a better plan. I have often seen patients with plans purchased on the individual market in the past who were shocked to find that their plan paid nothing or only a tiny fraction of their bills. The Affordable Care Act guarantees both that health plans will provide reasonable coverage and that nobody can be dropped because of developing health problems, as frequently happened in the past.

By guaranteeing that people cannot be dropped from their health plan, by making insurance more affordable,  and by providing a greater choice of health plans, it is far less likely that people will have to change their health plan or doctor against their will as happened in the past. For the most part, Obama was right, but he worded this in a poor way as there were exceptions. Needless to say, Republicans concentrate on the rare cases where Obama was wrong, even though their health plans would ultimately lead to far more people being unable to keep their insurance or their doctor. By making these political mistakes, the Democrats have made it easier for Republicans to mislead.

Now yet another mistake has been uncovered which means little but which Republicans will be able to use to mislead the public.

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Leon Panetta and Jimmy Carter’s Irrational Attacks On Obama

There has been a lot of criticism of Obama’s Middle East policy from those of both parties who fail to recognize that we were placed in a situation with no good outcome the moment George Bush invaded Iraq. Leon Panetta has been all over the talk shows promoting his book, which echoes the criticism of Obama from Hillary Clinton.

Seeing the poor logic in these attacks makes me glad that Obama as opposed to either Clinton or a Republican have been calling the shots. It is easy to say that acting sooner would have helped, but no real evidence of this. The situation which allowed ISIS to develop and succeed in Iraq were created by the American intervention and subsequent actions of the Malacki government.

The actual advice given makes no sense. Arming Syrian moderates last year would have just led to increased bloodshed and more weapons in the hands of ISIS. Propping up Malicki longer was a dead-end policy, even if the United States could have stayed despite the desire of the Iraqui government for us to leave. While Panetta has criticized him over not bombing in Syria, Obama showed wisdom, not weakness, when he backed away from the military option when there was a diplomatic option to stop the use of chemical weapons.

The Neocon policies have been disastrous, causing this mess and Obama was right in opposing them, and attempting to disengage from the region. The Clinton/Panetta line is a repeat of the Bush/Cheney line and the current Clinton/Panetta attacks are no more credible than the attacks we are hearing from Dick Cheney

Other attacks are more petty. In a dispute between the White House and Pentagon over not giving the Pentagon everything it wants, I’ll generally side with the White House. It comes down to money on two levels. Now Panetta is cashing in to make money on his book, along with doing Hillary’s dirty work.

Kevin Drum put Panetta’s world-view in context:

…his basic worldview is simple: as long as Obama is launching lots of drone attacks and surging lots of troops and bombing plenty of Middle Eastern countries—then he’s a “strong leader on security issues.” But when Obama starts to think that maybe reflexive military action hasn’t acquitted itself too well over the past few years—in that case he’s “kind of lost his way.”

That’s the default view of practically everyone in Washington: Using military force shows strong leadership. Declining to use military force shows weakness. But most folks inside the Beltway don’t even seem to realize they feel this way. It’s just part of the air they breathe: never really noticed, always taken for granted, and invariably the difficult but sadly necessary answer for whichever new and supposedly unique problem we’re addressing right now. This is what Obama is up against.

Steve Benen had a great response to all the hypocrisy and poor arguments from the right being made by Panetta. He concluded:

The former Defense Secretary last week wrote a piece blaming Obama’s withdrawal of U.S. troops from Iraq for the chaos gripping much of the country. And yet, it was none other than Leon Panetta who defended Obama’s withdrawal policy, repeatedly, before he was trying to boost book sales.

Panetta now says he believes Obama should have pressed Iraqi officials to keep thousands of U.S. troops in Iraq indefinitely. What would those troops have accomplished that they didn’t already try over the last decade? Panetta hasn’t really said. What was Obama supposed to do about the fact that Iraq wanted American servicemen and women out? Panetta hasn’t really explained that, either. Why did Panetta see a residual force as impossible in 2011, only to believe the opposite now? He hasn’t offered an explanation of this, either.

And yet, Panetta just keeps complaining, not just about Iraq, but about U.S. policy in Syria, too, where the former Pentagon chief apparently believes it’s irrelevant that Obama rid Syria of its chemical-weapons stockpiles – weapons that now can’t fall into the hands of Islamic State militants.

Making matters slightly worse, as part of Panetta’s all-out media blitz, he complained to the New York Times about Obama going to Congress last year before intervention in Syria, and then complained about Obama not going to Congress this year before intervention in Syria.

Who knows, maybe this is a terrific public-relations strategy for a guy on a book tour. If Panetta hoped to generate chatter about his book, the past couple of weeks have been a triumph. If he hoped to get White House critics interested in his memoir, Panetta has done what he set out to do.

But those looking for real insights into a sensible national security policy probably haven’t learned much from Panetta’s p.r. campaign.

I would question if Panetta’s motivation is purely to make money from his book. He is also serving the Clintons well, considering that Hillary has motivation to separate herself from Obama but cannot speak out against him to this degree without looking calculating and disloyal. Of course both possible motives are served by the same actions.

The Daily Beast has further criticism of Panetta:

At both Langley and the Pentagon he became a forceful advocate for—or, some might say, bureaucratic captive of—the agencies he ran. As CIA Director he pushed back on efforts to expose the agency’s illegal activities during the Bush Administration —in particular, the use of torture (which he had once decried).

At DoD he ran around with his hair practically on fire denouncing cuts to the defense budget in out-sized, apocalyptic terms. The “catastrophic,” “draconian” cuts would initiate a “doomsday mechanism” and “invite aggression,” he claimed and always without specific examples. Ironically, when Panetta was chairman of the House Budget Committee in the early 1990s, he took the exact opposite position and pushed for huge cuts to the defense budget.

For Panetta, principles appear to be determined by wherever he happens to be sitting at any given moment.

However, his irresponsible threat-mongering and his constant stream of gaffes and misstatements (like the claim that the US was in Iraq because of 9/11 and that the war was worth it) masked a stunningly narrow and parochial foreign policy vision. It wasn’t just that Panetta was saying crazy things. As his new memoir shows, he apparently believed them.

The post went on to further criticize Panetta’s current ideas on what Obama should have done, along with his support for using force without adequate recognition of the consequences of using force, or of the positive benefits of Obama achieving an agreement to end the use of chemical weapons in Syria.

Jimmy Carter  has also raised similar attacks but the same issues remain that intervention earlier would have probably worsened the situation in Iraq and Syria. It is also easy to criticize in retrospect, but his current attacks are not consistent with previous criticism of Obama whichwere for being too aggressive.

While I have qualms about some of Obama’s actions, from drones to the current bombing, he is looking far better than most of those who are now attacking him.

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Quote of the Day: Seth Meyers on Dick Cheney

“Today The New York Times had to issue a correction after it mistakenly referred to Dick Cheney as a former president. Of course, George W. Bush made that same mistake all the time.” –Seth Meyers

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Republicans Prefer Out of Context Quotes Over Serious Middle East Discussion

Republicans, lacking any actual coherent policy arguments, love to dwell on taking comments from Democrats out of context, often distorting what was said. They made such an distorted quote the centerpiece of their last national convention. We are bound to hear another out of context quote over and over from Republicans. In response to a question from Chuck Todd, Obama explained why it is premature to take a plan to Congress before specific military targets are determined and arranging a regional coalition to fight ISIS. Republicans are ignoring the substance of what Obama said and taking a few unfortunate words out of context: “We don’t have a strategy yet.”

Follow up discussion by Chuck Todd on  The Daily Rundown this morning (his last as host before taking over at Meet the Press), placed this in context. Todd and Andrea Mitchell were supportive about Obama’s transparency on the issue and consideration of the ramifications of military intervention (video above). It was good to see a news report provide the full context. The failure of other news outlets to do the same has placed the Obama administration in damage-control mode.

Steve Benen has a a good take on this “gaffe”

To see deliberate thought and planning as the object of criticism is a mistake – delaying military intervention in the Middle East until a firm strategy is in place is a positive, not a negative.

It’s a feature of the president’s foreign policy, not a bug.

Much of the media seems stunned by the process: “You mean, Obama intends to think this through and then decide whether to pursue military options in Syria?” Why, yes, actually he does. The question isn’t why Obama has adopted such an approach; the question is why so many are outraged by it.

“We don’t have a strategy yet,” without context, lends itself to breathless Beltway chatter. To accommodate the political world’s predispositions, maybe the president should have added the rest of the thought: “We don’t have a strategy yet for possible U.S. military intervention in Syria, which may require congressional approval.”

But that’s effectively all that he said. There is no great “gaffe” here.

If only George Bush had taken the time to develop a comprehensive strategy before going into Iraq.

Peter Beinhart pointed out that Obama does actually have a strategy in the middle east:

President Obama’s critics often claim he doesn’t have a strategy in the greater Middle East. That’s wrong. Like it or loathe it, he does, and he’s beginning to implement it against ISIS. To understand what it is, it’s worth going back seven summers.

In July 2007, at a debate sponsored by CNN and YouTube, Obama said that if elected president, he’d talk directly to the leaders of Iran, Syria, Cuba, and Venezuela. Hillary Clinton derided his answer as “irresponsible and frankly naïve.” The altercation fit the larger narrative the media had developed about the two Democratic frontrunners: Obama—who had opposed the Iraq War—was the dove. Hillary—who had supported it—was the hawk.

But less than a week later, a different foreign-policy tussle broke out. Obama said he’d send the U.S. military into Pakistan, against its government’s wishes, to kill members of al-Qaeda. “If we have actionable intelligence about high-value terrorist targets and President Musharraf will not act,” he vowed, “we will.” Suddenly, Obama was the hawk and Clinton was the dove. “He basically threatened to bomb Pakistan,” she declared in early 2008, “which I don’t think was a particularly wise position to take.”

So was Obama more dovish than Clinton or more hawkish? The answer is both. On the one hand, Obama has shown a deep reluctance to use military force to try to solve Middle Eastern problems that don’t directly threaten American lives. He’s proved more open to a diplomatic compromise over Iran’s nuclear program than many on Capitol Hill because he’s more reticent about going to war with Tehran. He’s been reluctant to arm Syria’s rebels or bomb Basher al-Assad because he doesn’t want to get sucked into that country’s civil war. After initially giving David Petraeus and company the yellow light to pursue an expanded counterinsurgency campaign in Afghanistan, he’s wound down America’s ground war against the Taliban. Even on Libya, he proved more reluctant to intervene than the leaders of Britain and France.

On the other hand, he’s proven ferocious about using military force to kill suspected terrorists. In Afghanistan and Pakistan, he’s basically adopted the policy Joe Biden proposed at the start of his administration: Don’t focus on fighting the Taliban on the ground, since they don’t really threaten the United States. Just bomb the hell out al-Qaeda from the air. Compared with George W. Bush, he’s dramatically expanded drone strikes, even though they’re unilateral, legally dubious, and morally disturbing. And, as promised, he sent special forces to kill Osama bin Laden without Pakistan’s permission, even though his vice president and secretary of defense feared the risks were too high.

When it comes to the Middle East, in other words, Obama is neither a dove nor a hawk. He’s a fierce minimalist. George W. Bush defined the War on Terror so broadly that in anti-terrorism’s name he spent vast quantities of blood and treasure fighting people who had no capacity or desire to attack the United States. Hillary Clinton and John McCain may not use the “War on Terror” framework anymore, but they’re still more willing to sell arms, dispatch troops, and drop bombs to achieve goals that aren’t directly connected to preventing another 9/11. By contrast, Obama’s strategy—whether you like it or not—is more clearly defined. Hundreds of thousands can die in Syria; the Taliban can menace and destabilize Afghanistan; Iran can move closer to getting a bomb. No matter. With rare exceptions, Obama only unsheathes his sword against people he thinks might kill American civilians.

Understanding Obama’s fierce minimalism helps explain the evolution of his policy toward Syria and Iraq. For years, hawks pushed him to bomb Assad and arm Syria’s rebels. They also urged him to keep more U.S. troops in Iraq to stabilize the country and maintain American leverage there. Obama refused because these efforts—which would have cost money and incurred risks—weren’t directly aimed at fighting terrorism. But now that ISIS has developed a safe haven in Iraq and Syria, amassed lots of weapons and money, killed an American journalist, recruited Westerners, and threatened terrorism against the United States, Obama’s gone from dove to hawk. He’s launched air strikes in Iraq and may expand them to Syria. As the Center for American Progress’s Brian Katulis has noted, the Obama administration is also trying to strengthen regional actors who may be able to weaken ISIS. But the administration is doing all this to prevent ISIS from killing Americans, not to put Syria back together again. Yes, there’s a humanitarian overlay to Obama’s anti-ISIS campaign: He’s authorized air strikes to save Yazidis at risk of slaughter. But the core of his military effort in Iraq and Syria, and throughout the greater Middle East, is narrow but aggressive anti-terrorism…

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Another Frivolous Suit Against Obamacare Thrown Out Of Court

There have  been a lot of frivolous suits filed by various Republicans lately, ranging from suits to try to block the Affordable Care Act to the House Republicans’ own suit. While we had contradictory rulings in the case making the absurd argument that the ACA did not intend to allow subsidies to those who obtained coverage on the federal as opposed to a state exchange, another ridiculous argument was thrown out of court this week.

The argument was that the Affordable Care Act is unconstitutional because of the requirement that revenue bills originate in the House, and the ACA does include mechanisms to raise revenue to pay for the law. The argument never made much sense but it has attracted increased attention among conservatives since George Will had a column on how the Supreme Court doomed the ACA in its ruling that the government had the power to charge a penalty for noncompliance with the mandate based upon the power to tax.

There are two major errors in this argument. First is that there is precedent for the Senate to take a House bill and then pass it with major changes, and still have this considered to have originated in the House. As the House also passed their own version of health care reform, this was sufficient to meet this criteria. Secondly, the courts have long differentiated between a bill with a primary purpose of levying taxes versus a bill which incidentlaly raises revenue. The Appeals court argued that, “The Supreme Court has held from the early days of this nation that revenue bills are those that levy taxes in the strict sense of the word, and are not bills for other purposes which may incidentally create revenue.”

Consider the irony in two of the Republican arguments against the bill. In this case the Republicans oppose the Affordable Care Act because it contains provisions to pay for itself. While Democrats have adopted a pay as you go attitude towards new government programs, Republicans prefer to purchase their programs on credit, such as with the Iraq War and George Bush’s Medicare D Program. When it is Republicans spending the money, deficits don’t matter.

In the case of the House law suit, Republicans are suing Obama for delaying implementation of a portion of the law (the mandate on small business) which they have claimed would be harmful and want repealed. Republicans also had no objection to a similar delay by George Bush in enforcing requirements of the Medicare D program.

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The Secret To Success In The Senate

warren paul

Congress has a record low approval rating, which perhaps is why the most successful Senators appear to be those who haven’t spent much time there. Barack Obama sure didn’t waste much time in the Senate before successfully running for president. Hillary Clinton is a special case as her time in the Senate is only a small part of her resume, but she didn’t spend very much time there either. The most popular Senator from each party today very well might be a freshman. Both have ignored the old tradition for new Senators to be fairly quiet.

On the Democratic side, Elizabeth Warren has received the most enthusiastic support. There is even a Ready For Warren web site, despite her statements that she has no plans to run for president. She has spoken out the most on economic issues, but is now wading into social issues as well with her comments on the Hobby Lobby case:

I’ll be honest – I cannot believe that we are even having a debate about whether employers can deny women access to birth control. Guys, this is 2014, not 1914 . Most Americans thought this was settled long, long ago. But for some reason, Republicans keep dragging us back here – over and over and over again.

On the Republican side, Rand Paul has generated the most excitement. As his foreign policy views are out of step with those of his party, there are real questions as to whether he has a chance to win a Republican presidential nomination. Gallup found that he falls just slightly behind Mike Huckabee among potential Republican candidates at this time. Aaron Blake looked at other polls to show that Paul is in a strong position to possibly win in both Iowa and New Hampshire, which certainly would give him strong momentum towards winning the nomination. Should Paul manage to win the nomination, a Quinnipiac poll shows that Paul is the strongest Republican candidate against Clinton in Iowa. Of course that might not hold nation wide.

A Huckabee versus Paul race for the Republican nomination would certainly offer a choice of different views. A presidential race between Paul and Warren would do the same, and most likley excite many on both the left and right far more than, say, another campaign between a Bush and a Clinton. Of course a race between Clinton, as opposed to Warren, and Paul is far more likley considering the state of the Democratic race. As I discussed previously, this would lead to a reversal in partisan foreign policy perspective, with the Democrats having the hawk as a candidate. As Peter Beinart pointed out, she sounded more like George Bush than a Democrat on foreign policy on her recent appearance on The Daily Show.

Updates: Digby also questions Clinton’s statement. Politico reports that Warren rallies the base. John Dickerson thinks a Warren run would be a good thing–but primarily to provide a worthy conversation and to “force Clinton to draw clear lines about what she believes, why she’s running, and why her message is something more than ‘It’s my turn.'” I would be more interested in a challenge to Clinton from the left which could actually beat her for the nomination, but that doesn’t look likely.

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Liberal Democrats and Libertarian Republicans Working On Common Goals

Republicans have always had a libertarian wing but their influence and willingness to fight for true freedom has varied over time. Far too often Republican talk of freedom turns into the freedom of businesses to ignore necessary regulations or the freedom to impose their social and religious values upon others. Limited government also far too often turns out to mean reducing the authority of the federal government in order to allow state governments to infringe upon the rights of minorities. With true defense of freedom being rare among Republicans in recent years, it was good to see a report from The New York Times that Liberals and Libertarians Find Common Ground in House.

The article lists several areas where some Republicans have crossed the aisle to work with liberal Democrats:

From abortion to electronic privacy to background checks for gun purchases, a strange thing has been happening on the floor of the House as it debates its spending bills for the coming fiscal year: the stirrings of liberalism.

The House on Thursday voted 221 to 200 to approve an amendment by one of its most vocal liberal members, Representative Rosa DeLauro, Democrat of Connecticut, to ban federal contracts for companies that set up sham headquarters in offshore tax havens like Bermuda. Thirty-four Republicans bucked their party to push it to passage.

That was only the most recent stirring of life on the House’s left flank. Democrats have long hoped they could find common cause on at least some issues with the Republican conference’s libertarian wing. That is starting to happen, fueled by rising distrust of government on the right, a willingness of Democrats to defy the Obama administration in some instances and a freewheeling amendment process on appropriations bills.

The article cites examples of liberals and libertarians working together on legislation to increase individual liberty, from medical marijuana to privacy protections:

The tally of left-libertarian legislation is growing, with the House at least on record voting to limit federal law enforcement actions, intelligence efforts and social policy reach. On May 30, 49 Republicans crossed the aisle to approve language barring the federal government from raiding medical marijuana dispensaries.

“Some people are suffering, and if a doctor feels that he needs to prescribe something to alleviate that suffering, it is immoral for this government to get in the way,” said Representative Dana Rohrabacher, Republican of California, once one of the chamber’s most ardent conservatives, now a co-sponsor of the marijuana measure.

The day before, 76 Republicans joined Democrats to add $19.5 million to the federal instant background check system for gun purchases. The House Appropriations Committee has approved an amendment to allow Peace Corps volunteers who become pregnant by rape to have a federally funded abortion and another measure limiting the federal government’s access to private email communications.

“By passing this amendment, the Appropriations Committee is taking a critical step towards ensuring all Americans are protected by the Fourth Amendment — their mail, documents on their desks at home, and now their private emails,” said Representative Kevin Yoder, Republican of Kansas and one of the measure’s authors.

On June 19, the House voted 293 to 123 to prohibit the National Security Agency and C.I.A. from placing “backdoor” surveillance technologies on commercial technology products and to end warrantless collection of Americans’ online activities. That amendment, passed over the White House’s objections with a veto-proof margin, was written by Representative Thomas Massie, Republican of Kentucky and one of the House’s most outspoken libertarians, with the Democratic Representatives Zoe Lofgren, who represents Silicon Valley, and Rush D. Holt of New Jersey, a physicist.

An amendment by Representative Dave Reichert, Republican of Washington, reversed cuts to a Bill Clinton-era program that funds local police forces, a program long on the Republican target list. The liberal Democrat that Republicans love to hate, Representative Alan Grayson of Florida, convinced just enough Republicans to pass an amendment blocking the Justice Department from compelling journalists to divulge confidential sources. Another Democratic amendment clears a legal path for states to cultivate industrial hemp.

To be sure, Republicans note, plenty of amendments have driven spending bills to the right. Just last week, the House voted to block the Obama administration’s efforts to combat climate change on multiple fronts, including one amendment that prohibits any funding for any aspect of the administration’s “climate change agenda.”

Amendments also have passed to end the deferring of deportations of immigrants brought illegally to the country as children, to fund a Justice Department investigation of the Department of Homeland Security’s release of illegal immigrants and to block high-speed rail in California.

But, Mr. Massie said, the libertarian-liberal alliance is real and growing. He said he has been working with Ms. Lofgren on legislation that would repeal a federal law that makes it a felony to unlock a cellphone tied to a particular carrier, even after a contract is expired. Libertarians are also teaming with Democrats to change laws on federal mandatory minimum sentencing.

It would be helpful if left-libertarian goals were a higher priority from the executive branch. Obama had initially raised hopes that he would have governed as more of a left-libertarian, and Obama did receive some libertarian support when initially running for president. While he has been far preferable to George Bush on civil liberties, he has disappointed civil libertarians in areas ranging from continuing many of the Bush surveillance plans (even if seeking reform in some areas) to failing to keep his campaign promises regarding ending federal raids related to medical marijuana. While nothing is a certainty in politics, it looks most likely that Hillary Clinton, who has been to the right of Obama, is likely to win the 2016 nomination. This could leave it up to such a liberal and libertarian coalition in Congress to pursue liberal goals. There is hope for greater emphasis by the Democrats (and possibly some Republicans) on matters of personal freedom in the future as polls show that younger voters are more “determined to protect personal liberties from conservative moral constraint.”

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Boehner Throws Small Business Owners Under The Bus In Order To Find Suit To File Against Obama

The weakness of Republican efforts to paint Barack Obama as a dictator who has been abusing his presidential powers have been shown to be a sham with John Boehner’s attempt to find grounds for a law suit against Obama. Boehner, in a desperate attempt to ward off the Tea Party fanatics who are pushing for impeachment, decided on filing a frivolous law suit against Obama instead. For years Republicans have made all sort of claims of executive overreach under Obama, after ignoring real cases of abuse of executive power under Bush and Cheney. With all their screaming of a dictatorial president out of control, all Boehner could come up with was a complaint that Obama postponed enforcing the penalties in the employer mandate contained in the Affordable Care Act by two years.

The biggest irony here is that Republicans opposed the Affordable Care Act and the employer mandate (despite previous Republican support for mandates before Obama called for them). Republicans are suing Obama for failing to enforce a law which they opposed. Obama granted the two year extension in order to make it easier for small business to comply with the Affordable Care Act. With this suit, Boehner and the House Republicans are taking a stand in opposition to the interests of small business owners.

Of course Republicans had no objection when George Bush made a similar delay durinig implementation of the Medicare D program. Clearly if there was any validity to any of the other Republican complaints against Obama’s use of power they would use a different case for the lawsuit. As Brian Buetler posted, John Boehner’s Lawsuit Against Obama Proves the President Isn’t Lawless.

Obama is correct in calling this a political stunt and had these comments on the do-nothing Congress:

As long as Congress will not increase wages for workers, I will go and talk to every business in America if I have to. There’s no denying a simple truth: America deserves a raise, and if you work full-time in this country, you shouldn’t live in poverty. That’s something that we all believe.

Now, here’s where it gets interesting. There are a number of Republicans, including a number in the Texas delegation, who are mad at me for taking these actions. They actually plan to sue me. Now, I don’t know which things they find most offensive — me helping to create jobs, or me raising wages, or me easing the student loan burdens, or me making sure women can find out whether they’re getting paid the same as men for doing the same job. I don’t know which of these actions really bug them.

The truth is, even with all the actions I’ve taken this year, I’m issuing executive orders at the lowest rate in more than 100 years. So it’s not clear how it is that Republicans didn’t seem to mind when President Bush took more executive actions than I did. Maybe it’s just me they don’t like. I don’t know. Maybe there’s some principle out there that I haven’t discerned, that I haven’t figure out. You hear some of them — ‘sue him,’ ‘impeach him.’ Really? Really? For what? You’re going to sue me for doing my job? Okay.

I mean, think about that. You’re going to use taxpayer money to sue me for doing my job — while you don’t do your job.

There’s a great movie called ‘The Departed’ — a little violent for kids. But there’s a scene in the movie where Mark Wahlberg — they’re on a stakeout and somehow the guy loses the guy that they’re tracking. And Wahlberg is all upset and yelling at the guy. And the guy looks up and he says, ‘Well, who are you?’ And Wahlberg says, ‘I’m the guy doing my job. You must be the other guy.’ Sometimes, I feel like saying to these guys, ‘I’m the guy doing my job, you must be the other guy.’

So rather than wage another political stunt that wastes time, wastes taxpayers’ money, I’ve got a better idea: Do something. If you’re mad at me for helping people on my own, let’s team up. Let’s pass some bills. Let’s help America together.

It is not clear what will become of this suit. The first question is whether the House has legal standing to file the suit. If it does proceed it is certainly possible that both Bush and Obama technically broke the law in extending deadlines independent of Congress. Even should there ever be a  ruling against Obama, it will not make much of a difference. By the time it works through the courts the issue will no longer matter as the temporary extension will be coming towards an end, if not already ended. It is over a pretty minor issue in the implementation of the Affordable Care Act and will have no bearing on the overall law. It is a pretty empty gesture by Boehner, but he has no real grounds to support right wing rhetoric that Obama has abused executive power.

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Sarah Palin Adds New Litmus Test To Far Right Wing GOP Agenda: Impeaching Obama

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There were times when Republicans were divided by real ideological differences, such as the Goldwater versus Rockefeller wings of the party. Since then nearly the entire Republican Party has moved so far to the extreme right that not only would Rockefeller be too liberal but so would Barry Goldwater with his strong opposition to the religious right. In the 1960’s conservative leaders such as William F. Buckley, Jr. worked to keep extremists such as the Birchers out of the GOP. Now their modern day equivalents in the Tea Party set the agenda for the party, with internal party debates limited to matters of how far to go in their tactics.

Dana Milbank described the current position of the Republican Party:

Imperial Japan taught its soldiers that death was preferable to surrender. The tea party’s code is similar: Stand firm, regardless of the odds of success or the consequences of failure. I’ve argued before that the struggle between the Republican establishment and the tea party is no longer about ideology — establishment figures have mostly co-opted tea party views — but about temperament.

It has become the amiable vs. the angry, the civil vs. the uncivil, a conservatism of the head vs. a conservatism of the spleen. The division now is between those who would govern and those who would sooner burn the whole place to the ground…

In past years Ronald Reagan would not hesitate to raise the debt ceiling to cover the nation’s debts. Now the Republican establishment fights with the Tea Party over whether to shut down the government over this.

Sarah Palin has now established a new litmus test for the establishment versus bat-shit crazy Republicans–impeachment of Barack Obama over immigration:

Without borders, there is no nation. Obama knows this. Opening our borders to a flood of illegal immigrants is deliberate. This is his fundamental transformation of America. It’s the only promise he has kept. Discrediting the price paid for America’s exceptionalism over our history, he’s given false hope and taxpayer’s change to millions of foreign nationals who want to sneak into our country illegally. Because of Obama’s purposeful dereliction of duty an untold number of illegal immigrants will kick off their shoes and come on in, competing against Americans for our jobs and limited public services. There is no end in sight as our president prioritizes parties over doing the job he was hired by voters to do. Securing our borders is obviously fundamental here; it goes without saying that it is his job

President Obama’s rewarding of lawlessness, including his own, is the foundational problem here. It’s not going to get better, and in fact irreparable harm can be done in this lame-duck term as he continues to make up his own laws as he goes along, and, mark my words, will next meddle in the U.S. Court System with appointments that will forever change the basic interpretation of our Constitution’s role in protecting our rights.

It’s time to impeach; and on behalf of American workers and legal immigrants of all backgrounds, we should vehemently oppose any politician on the left or right who would hesitate in voting for articles of impeachment.

This could cause new dilemmas for Republicans who fear primary challenges from the right but hope to avoid looking too extreme in a general election. Aaron Blake outlined the choices Republicans now have:

If a significant pro-impeachment portion of the conservative base does materialize — and that’s a big “if” — it will put Republican lawmakers in the unenviable position of responding to questions about whether they, too, agree with the idea of impeachment.

From there, there are three options:

1) Oppose impeachment and risk making yourself a target in the 2016 primary
2) Try to offer a non-response that doesn’t really support or oppose impeachment
3) Support impeachment and, while likely saving your own hide from becoming a target, exacerbate the problem with the larger Republican Party.

So just why is the whole impeachment talk bad for the GOP?

Well, as we’ve said before, it throws a sizable and unpredictable variable into what was already shaping up to be a good election year for Republicans. That same could be said for the Benghazi investigation (though that effort appears to have the support of the American people). The name of the game for the GOP right now is maintaining their edge and trying to win back the Senate. Everything else is noise.

Secondly, it lends credence to Democrats’ argument that Republicans are controlled by the extreme wing of their party. And to the extent that Democrats can make the 2014 election a referendum on the GOP’s conduct in Congress (see: government shutdown), it’s to their benefit.

Lastly, impeachment is a very difficult issue to press. Even in the late 1990s, when an American president had an affair in the White House and then lied about it, support for impeachment was still well shy of a majority — as low as 30 percent.

John Boehner has been caught in the middle of the disputes between the establishment and the Tea Party. If he was really in control he seems like the type who might be willing to compromise with Obama, as Tip O’Neil compromised with Ronald Reagan, and then get back out on the golf course. He has come out against impeachment, realizing what a disaster proceeding with impeachment would be for the Republicans. Once again, this is purely a difference in opinion regarding tactics, with Boehner preferring his frivolous lawsuit against Obama. Paul Begala had this to say about the lawsuit:

As political stunts go, Boehner’s is too transparent for my tastes. And I say this as a guy who has perpetrated some serious stunt work in my political career.
Boehner’s not a bad guy. One gets the sense he’d rather be sharing Marlboros and merlot with Obama than taking him to court. But he is a SINO: Speaker in Name Only. The tea party is driving the GOP train these days, which explains the frequent train wrecks. So, perhaps to appease the tea party bosses, Boehner has decided to sue the President.

But appeasement never works. Highly influential conservative blogger and pundit Erick Erickson calls the Boehner lawsuit “taxpayer-funded political theater” and notes that some of Boehner’s complaints about Obama are political, not legal or constitutional.

Then there’s the small problem of hypocrisy. As the progressive group Americans United for Change notes in this clever ad, Boehner has long opposed citizens’ rights to sue corporations over, say, defective products or gender discrimination in the workplace. He rails against “frivolous lawsuits” — until he decides to file one.

A second way Boehner is being hypocritical is his support for robust executive authority when George W. Bush was exercising it. Bush issued far more executive orders than Obama, going so far as to use his executive authority to authorize waterboarding, which Sen. John McCain flatly describes as torture and a “violation of the Geneva Conventions.”

So, to be clear: Dubya uses his executive authority more often — including to turn Americans into torturers — and Boehner goes along. But Obama uses his executive authority to give businesses more flexibility in complying with Obamacare or to extend family leave to gay couples, and Boehner literally wants to make a federal case of it.

There is no longer any principle behind the actions of Republicans. They supported Bush and Cheney while they  lied the country into a disastrous war, crashed the economy in order to transfer more wealth from the middle class to the ultra-wealthy, and ignored the Constitution with theories such as the Unitary Executive which would give virtually unlimited power to the President and/or Vice President. Now Republicans are united on an extremist, far right wing platform while they fight over matters such as whether to shut down the government or to impeach versus sue the president with no real justification for either.

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