Jeb Bush Not As Transparent As He Claims

The revelations this week regarding Hillary Clinton’s use of private email (discussed here, here, and here) added to questions about her secrecy, opposition to transparency in government, and her character. Her actions also look remarkably foolish for a major candidate, especially considering how she had previously criticized Republicans in the Bush administration for the same actions. Her actions, and her poor response to the situation, have also reinforced concerns among some Democrats that Clinton is not a very good campaigner.

Initially it appeared that Jeb Bush had out-maneuvered her by recently releasing email from when he was Governor of Florida. Now CNN is reporting that Bush is exaggerating the transparency of his administration:

Bush has released hundreds of thousands of emails from the personal account he used during his eight years as governor in the name of transparency — and after public records requests for those emails. A Bush aide told NBC News that a number of his staffers and his general counsel’s office decided which emails to release.

But a CNN review of those emails turned up evidence a number of his official aides and family members also had email addresses housed at — and used them to conduct both official and political business — raising questions about how transparent that email dump ultimately was.

Of course Bush isn’t the only potential Republican candidate with email problems. Chris Christie’s administration had similar problems. Perhaps that is why Hillary Clinton thinks she can get away with primarily keeping quite about the whole thing.

Please Share

Quote of the Day: Conan on Jeb Bush

Conan Photo

“Yesterday during a speech on national security, Jeb Bush mispronounced Boko Haram and got confused between Iran and Iraq. When reached for comment, his brother George W. said, ‘He sure sounds presidentiary to me.'” –Conan O’Brien

Please Share

Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016

Clinton Email

The reports I discussed yesterday regarding Hillary Clinton using private email as Secretary of State are leading some, such as Frank Rich, to wonder if Democrats need a backup plan for 2016. A follow up story in The New York Times reports how Clinton used her private email to thwart requests for information, including requests from Congress and Freedom of Information requests from journalists. These ethical breaches by Hillary Clinton are of particular concern taking place so soon after scandals in the Bush administration regarding private use of email, making many liberals besides myself question why Clinton could have done something so foolish.

As The Guardian summarized the significance of the news:

It leaves Clinton vulnerable to at least three lines of criticism: that she potentially broke fundamental rules governing the handling and security of state secrets; that she skirted around guidelines put in place to ensure historical accountability and transparency within high public office; and the political attack that she must have had something to hide.

Perhaps the most serious accusation facing Clinton is that she may have breached one of the fundamental tenets of classified information. J William Leonard, former director of the body that keeps watch over executive branch secrets, the Information Security Oversight Office, told the Guardian that if Clinton had dealt with confidential government matters through her personal email, that would have been problematic. “There is no such thing as personal copies of classified information. All classified information belongs to the US government and it should never leave the control of the government.”

The Associated Press is considering legal action in response to her failure to respond to Freedom of Information Act requests for email:

The unusual practice of a Cabinet-level official running her own email server would have given Clinton — who is expected to run for president in the 2016 campaign — significant control over limiting access to her message archives.

It also would complicate the State Department’s legal responsibilities in finding and turning over official emails in response to any investigations, lawsuits or public records requests. The department would be the position of accepting Clinton’s assurances she was surrendering everything required that was in her control…

The AP said Wednesday it was considering taking legal action against the State Department for failing to turn over some emails covering Clinton’s tenure as the nation’s top diplomat after waiting more than one year. The department has failed to meet several self-imposed deadlines but has never suggested that it doesn’t possess all Clinton’s emails.

Having checked more coverage in the media and blogosphere since my initial post, I was pleased to see that most liberal bloggers I read did question Clinton’s conduct. For example, rather than a partisan defense Steve Benen‘s post raised the same objective points:

There’s no shortage of problematic angles to this. Obviously, there’s the question of transparency and compliance with the Federal Records Act. Clinton wasn’t the first Secretary of State to make use of a personal email account – Colin Powell did the same thing during his tenure in the Bush/Cheney administration – but preservation rules have changed and Clinton apparently faced more stringent requirements.
There’s also the matter of security: as Secretary of State, Clinton sent and received highly sensitive information on a daily basis, including classified materials, from officials around the world. By relying on private email, instead of an encrypted State Department account, Clinton may have created a security risk.

Other liberal bloggers have been far harder on Clinton.  Clinton is also receiving criticism on MSNBC, as opposed to the partisan defense we would expect in the reverse situation from Fox. Needless to say, conservatives tended to be quite critical, and  hypocritical, usually ignoring the comparable use of private email by many Republicans, including officials in the Bush administration, Chris Christie, and Sarah Palin.

It was disappointing but not surprising to see that the Clintonistas did quickly get some writers out to defend Clinton. Typically their defenses were no more honest than a report from Fox. Defenses of Clinton tended to concentrate on the arguing that Clinton did not actually break the law. This is definitely a case of moving the goal posts and possibly also incorrect. The initial articles raising these concerns did note that Clinton may have broken the law and with the complexity of the regulations involved avoided a definite conclusion, but it was her conduct and judgment, not whether she was in violation of the law, which is the heart of the issue.  The defenses of Clinton point out that Colin Powell used private email, but ignore the changes in regulations made in 2009 which “required that all emails be preserved as part of an agency’s record-keeping system.” Her defenders have also ignored the more stringent requirements put into place in 2011. As a consequence of these rules changes, John Kerry has used government email for his communications, as has Barack Obama since taking office in 2009.

Many of the other defenses of Clinton are rather trivial attacks on the journalist who wrote the story. The statements that these revelations came out as part of the Benghazi hearings is contradicted with finding a journalist who had reported on this previously. This is analogous to the debates as to who discovered America. Finding that someone had previously reported on Clinton’s private email does not change the substance of this story any more than discovering that Vikings beat Columbus to America substantially other facts regarding American  history post-Columbus.

The rapid release of such dishonest defenses of Clinton by her allies is yet another reason why I would hate to see Hillary Clinton as president. I have always been disturbed by the degree of secrecy when she was working on health care reform, her push for war against Iraq based upon fictitious claims of ties between Saddam and al Qaeda, along with many questionable statements I’ve heard from her over the years. Electing Clinton would be a great blow to honesty and transparency in government. Democrats should be able to do better.

There is no question that Clinton was at least skirting the rules in effect when she became Secretary of State, if not outright breaking them. Her honesty has already been a serious question. Someone with a reputation for dishonesty and lack of transparency should have realized that this would only make matters worse. Her credibility, already in question, will be even lower when there is always the question of secret emails looming. Republicans will be able to drag out their hearings on Benghazi even longer because of this. If she runs against Jeb Bush she would be on the defensive over transparency after the release of his emails. Clinton has never been a very good campaigner, and her lack of judgment in this matter only raise.

Update: Hillary Clinton On Private Email 2007 And 2015

Please Share

Did Hillary Clinton Learn Anything During All Her Years In Politics?

The report in The New York Times that Hillary Clinton used a private email account while Secretary of State, possibly violating the law, has me wondering whether Hillary Clinton has learned anything during her years in public life. There is no doubt that the majority of attacks on Clinton from the right are bogus. To a certain degree these attacks even give her some protection among thinking people who have seen right wing attacks and conspiracy theories, such as those over Benghazi, constantly being debunked. However this does not mean that there are not people beyond the Fox sheep, including myself, who still have concerns regarding the judgement and integrity of Hillary Clinton. This only increases such concerns, along with concerns about secrecy and lack of transparency on the part of the Clintons.

Hillary Clinton followed the same procedures as Colin Powell before her, and many other politicians, such as Chris Christie and Sarah Palin, have had problems with using private email accounts. In contrast, John Kerry and Barack Obama use secure government email systems. Clinton’s actions look worse in historical context, following the scandals and reckless disregard for transparency during the Bush administration, just before she became Secretary of State. It is also reasonable to hold a Secretary of State, with aspirations to become president, to a higher standard than a corrupt Governor of New Jersey and the incompetent half-term former governor of Alaska. We have low expectations of people such as Christie and Palin, but should expect more of a potential Democratic candidate for president.

Hillary Clinton, if she has any real awareness of her public reputation, should have been aware of how this would have looked. Beyond the legal and security issues this raises, there is the simple question of whether she should have known better, even if no evidence of actual dishonesty is uncovered. Democrats should also have learned something about Clinton in light of her conduct during her 2008 campaign. In retrospect. Jeb Bush now looks far smarter for having released his email, despite the embarrassment of including some private information on constituents which should have been redacted.

Update: Clinton’s Use Of Private Email Suggests Democrats Need To Consider A Plan B For 2016. Plus response to the initial reports, and concerns over national security and use of private email to avoid Freedom of Information Act requests.

Please Share

Question of the Day: Jon Stewart On Lies About Iraq

Jon Stewart

“Never again will Brian Williams mislead this great nation about being shot at in a war we probably wouldn’t have ended up in if the media had applied this level of scrutiny to the actual f**king war.” –Jon Stewart

This again raises the question–if Brian Williams is now being punished for lying about Iraq, what about Bush and Cheney?

Please Share

Two Democratic Congressmen Propose Bills To Legalize Marijuana At Federal Level

It is probably only a matter of time until marijuana prohibition ends. Like gay marriage, we will reach a tipping point where conservative opposition loses its impact. Also, like marriage equality, the majority of Democratic politicians will probably lag behind the country in openly adopting more liberal views, but two House Democrats have introduced bills to end marijuana prohibition. Sam Stein reports:

Two congressmen filed separate House bills on Friday that together would legalize, regulate and tax marijuana at the federal level, effectively ending the U.S. government’s decades long prohibition of the plant.

Rep. Jared Polis (D-Colo.) introduced the Regulate Marijuana Like Alcohol Act, which would remove marijuana from the Controlled Substances Act’s schedules, transfer oversight of the substance from the Drug Enforcement Administration over to the Bureau of Alcohol, Tobacco, Firearms and Explosives, and regulate marijuana in a way similar to how alcohol is currently regulated in the U.S.

Rep. Earl Blumenauer (D-Ore.) introduced the Marijuana Tax Revenue Act, which would set up a federal excise tax for regulated marijuana.

The bills would not force states to legalize marijuana, but a federal regulatory framework would be in place for those states that do decide to legalize it. To date, four states and the District of Columbia have legalized recreational marijuana (however, D.C.’s model continues to ban sales), 23 states have legalized marijuana for medical purposes and 11 other states have legalized the limited use of low-THC forms of marijuana for medical use.

During the Bush administration, the federal government would often raid medical marijuana facilities which were legal in the states the states where they were legal, and the Obama administration was slow to turn this around. With Obama going to be out of office in a couple of years, it is becoming more important to change federal law. Hillary Clinton has been to the right of most Democrats on this (as well as most other issues) and we cannot trust either Clinton or her likely Republican opponent to continue the liberalization finally seen under Obama. While unlikely to be accomplished in the current Congress, it would be preferable to take this issue out of the hands of either Clinton or a future Republican president.

Last year The New York Times argued for legalization of marijuana. Jeffrey Miron discussed the case for marijuana legalization in op-ed at CNN:

Marijuana legalization is a policy no-brainer. Any society that professes to value liberty should leave adults free to consume marijuana.

Moreover, the evidence from states and countries that have decriminalized or medicalized marijuana suggests that policy plays a modest role in limiting use. And while marijuana can harm the user or others when consumed inappropriately, the same applies to many legal goods such as alcohol, tobacco, excessive eating or driving a car.

Recent evidence from Colorado confirms that marijuana’s legal status has minimal impact on marijuana use or the harms allegedly caused by use. Since commercialization of medical marijuana in 2009, and since legalization in 2012, marijuana use, crime, traffic accidents, education and health outcomes have all followed their pre-existing trends rather than increasing or decreasing after policy liberalized…

Federal law still prohibits marijuana, and existing jurisprudence (Gonzales v. Raich 2005) holds that federal law trumps state law when it comes to marijuana prohibition. So far, the federal government has mostly taken a hands-off approach to state medicalizations and legalizations, but in January 2017, the country will have a new president. That person could order the attorney general to enforce federal prohibition regardless of state law.

As long as marijuana is illegal at the federal level we will continue to have many of the adverse consequences of prohibition, including inhibiting the use of medical marijuana. This includes states where medical marijuana is legal under state law. Besides the previous problems of DEA raids, having medical marijuana illegal under federal law makes many physicians unwilling to treat patients who are legally using medical marijuana under state law.

I have seen many individuals who are taking medical marijuana legally under state law discharged from pain clinics which outright refuse to treat anyone using medical marijuana. This is both due to fears of violating federal law and due to personal biases.  I received a consult letter just last month from a pain specialist who opposed giving pain medications to a patient who was using medical marijuana, making arguments which are contradictory to the medical literature which demonstrates that using marijuana as part of a pain management regimen results in decreased opioid use and a decreased risk of overdoses.

Please Share

Bush Campaign Has Two Tech Problems

Since Jeb Bush began unofficially running for the Republican nomination he has had a couple problems with technology. These are primarily presented as examples of how politicians must be careful, not necessarily criticism of Jeb Bush personally. First there was the problem of old tweets from a campaign aide, such as calling women sluts. The solution was fairly simple, deleting the old tweets and apologizing:

Ethan Czahor’s tweets began disappearing today after news broke that he had been hired by Jeb Bush. A spokesperson for Bush told BuzzFeed News: “Governor Bush believes the comments were inappropriate. They have been deleted at our request. Ethan is a great talent in the tech world and we are very excited to have him on board the Right to Rise PAC.” Czahor also apologized in a tweet on Monday.

Nothing totally disappears from the internet, but old tweets from a campaign aide are not likely to cause any significant problems for Bush, as stories of his own earlier actions might, unless a trend develops. It does serve as a reminder that anything posted on social media can come back to haunt the writer when seeking a job, although in this case it did not prevent the Bush campaign from hiring Czahor.

This was quickly followed by another problem when Bush wanted to give the appearance of transparency by releasing hundreds of thousands of emails sent to him when he was governor of Florida. This was largely show as the press already had copies of the email. Bush ran into a problem when it was reported that the released emails also contain email addresses and Social Security numbers of constituents.

It was certainly a mistake to dump such information but I also suspect that these are problems which any campaign might have faced. In the lists of Bush family errors, this hardly ranks with invading the wrong country following a terrorist attack.  The Wall Street Journal reports that, “he is leaning toward his father’s more pragmatic and restrained philosophy” compared to the philosophy of his brother. Of course George W. Bush also spoke out against nation-building as a candidate.

Please Share

Jon Stewart Leaving The Daily Show

Jon Stewart

Comedy Central has confirmed reports that Jon Stewart will be leaving The Daily Show by the end of the year when his contract expires.

As with most major news these days, the mainstream media was bypassed, and this was released on Twitter:

There is no news as to what Stewart plans to do next. Considering he plans to be free prior to the first primaries, maybe Stewart plans a last minute challenge to Hillary Clinton for the Democratic nomination. Or perhaps he will replace Brian Williams at NBC News. It is only fair that Williams be punished for lying about Iraq, but I’m still waiting for Bush and Cheney to receive their punishment.

Please Share

Obama Approval Now Rises To Reagan-Levels As Economy Improves


An ABC News/Washington Post poll shows Obama’s approval reaching 50% on the eve of his State of the Union Address:

Obama’s overall approval rating now stands at 50 percent, the highest in a Post-ABC poll since the spring of 2013. His standing is nine points higher than in December and seven points higher than in October, just before Republicans captured control of the Senate, increased their House majority to its highest level in eight decades and recorded advances in the states.

The Post-ABC survey puts the president’s approval rating slightly higher than some other recent public polls. But most have shown improvement since the November elections as the president has moved aggressively and unilaterally on issues such as immigration and climate change.

A breakdown of the poll also shows greater support for Obama than for Republicans on the issues, which could be significant now that Obama will be facing a Republican-controlled Congress. These numbers put him well on course to exceed Ronald Reagan’s approval at this point in his presidency, which is quite an improvement after the many comparisons to George Bush’s approval ratings last year.

It is far too early to predict where his popularity will be at the time of the 2016 election. Nate Cohn, looking at his average improvement and not this specific poll, wrote on the political impact Obama’s popularity might have on the 2016 election:

There is a well-established relationship between the pace of economic growth and a president’s approval ratings, and Mr. Obama is clearly benefiting from signs of accelerating economic growth. For the first time since the start of the recession, more Americans believe the economic conditions are good or excellent than poor. Consumer confidence rose to an 11-year high last week, according to the University of Michigan consumer sentiment index…

Only a handful of modern elections have not had an incumbent president on the ballot. In these contests, the president’s approval ratings are unsurprisingly less important than when a president is running for re-election. So Mr. Obama’s approval ratings will matter in 2016, but it is hard to say exactly how much.

The balance of evidence suggests that the break-even point for the presidential party’s odds of victory is at or nearly 50 percent approval. If the only thing you knew about the 2016 election was Mr. Obama’s approval rating on Election Day, you might guess that the Democrats had a 37 percent chance of holding the White House with a 46 percent rating — rather than a 23 percent chance with a 41 percent rating. The difference between 41 and 46 might be worth between one and two percentage points to the Democratic candidate in 2016 — the difference between a close race and a modest but clear Republican victory.

Mr. Obama’s surge among Hispanic voters might be particularly telling. It is a sign that Democratic-leaning voters dissatisfied with Mr. Obama’s performance might not be so disillusioned that they can’t be lured back to the Democrats by the issues and messages that brought them to the party in the first place. The president’s ratings among liberals and Democrats remain mediocre — perhaps only in the low 70s and low 80s, respectively — suggesting that there are additional, low-hanging opportunities for Mr. Obama and his party’s next nominee.


Please Share

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.

Please Share