Civil Liberties Groups Urge Obama To Curtail Government Surveillance Following Trump Victory

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After the revelations of NSA surveillance my concern, along with others such as Daniel Ellsberg, was not that we were already in an Orwellian totalitarian state, but that the infrastructure for a police state was being developed. In 2013 Ellsberg warned:

Obviously, the United States is not now a police state. But given the extent of this invasion of people’s privacy, we do have the full electronic and legislative infrastructure of such a state. If, for instance, there was now a war that led to a large-scale anti-war movement – like the one we had against the war in Vietnam – or, more likely, if we suffered one more attack on the scale of 9/11, I fear for our democracy. These powers are extremely dangerous.

Civil libertarians now fear another development which risks the progression to a police state–the election of Donald Trump. Even those who trusted Obama with these powers recognize the dangers of abuse under Trump. Politico reports:

Tech and civil liberties advocates are imploring the Obama administration to rein in the government’s massive surveillance apparatus before President-elect Donald Trump takes office, fearful he will carry out his campaign promises to register Muslims, spy on mosques and punish companies that offer Americans unbreakable encryption.

But many national security experts and former administration officials say the effort is almost certainly doomed to fail. “I don’t know how you tie the king’s hands in just the weeks going out,” said Michael McFaul, a former ambassador to Russia under President Barack Obama.

And some civil libertarians blame Democrats for being too content to allow President Barack Obama to wield the sweeping, post-Sept. 11 surveillance powers he inherited from George W. Bush, rather than rolling them back so that no future president could use them.

“We shouldn’t be relying on the benevolence of the leaders put in power after an election to ensure that people’s privacy and civil liberties are protected,” said Neema Singh Guliani, a legislative counsel with the American Civil Liberties Union.

“You have a situation where the executive branch has control of a surveillance apparatus that is unparalleled in history,” said Trevor Timm, a surveillance critic and head of the activist group Freedom of the Press Foundation. “And because the Obama administration either retained the right to use a lot of these unprecedented powers, or expanded them, they are now in the hands of somebody who many people consider to be a madman.”

…Hoping to head Trump off, civil liberties, digital rights and watchdog groups are pleading with Obama to take a series of actions to weaken the surveillance state. Those include releasing classified inspector general reports and the secret legal rationales behind the government’s spying efforts, which could help advocates challenge Trump in court. Some also urged Obama’s team to purge the NSA’s databases of some of the information they hoover up, wiping out reams of data that are focused on foreigners but incidentally drag in details on an unknown number of Americans.

Thirty advocacy groups banded together this week in a letter telling Obama to take action, writing: “No less than our shared legacy of a vibrant democratic government is at stake.”

…Obama came into office vowing to “revisit” many of these powers, but privacy advocates believe he has largely failed to do so. While the president has regularly spoken about the need for greater checks and public oversight of the system, he has defended the powers themselves.

“This may go down in history as President Obama’s most consequential mistake,” Timm said.

Civil libertarians have been concerned about the danger of abuses under Donald Trump, but the degree of government surveillance placed civil liberties at risk regardless of whether Trump was elected. Other than for Trump’s xenophobia, Hillary Clinton’s views on civil liberties and the surveillance state are not all that different from those of Donald Trump.

There is one benefit to Trump as opposed to Clinton winning–Democrats will be far more likely to protest abuses under Trump than they would protest abuses from Clinton. Many partisan Democrats have been whitewashing her record and excusing her extremely conservative views on First Amendment rights. Those of us who protested the growth of the surveillance state under both Bush and Obama were often ignored by Democrats when Obama was president and they thought he would be succeeded by Clinton. The election of Donald Trump is opening more eyes to the danger of such powers in the hands of the president.

How About A More Meaningful Pardon–Ed Snowden

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Barack Obama has fulfilled the tradition of pardoning a turkey for Thanksgiving. Before he leaves office he should make a more meaningful pardon and honor the American tradition of individual liberty and privacy. Pardon Edward Snowden.

Edward Snowden Calls On Obama To Pardon Him; Jill Stein Supports Request

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Edward Snowden expressed hope that Obama would pardon him before leaving office in an interview with The Guardian:

Speaking on Monday via a video link from Moscow, where he is in exile, Snowden said any evaluation of the consequences of his leak of tens of thousands of National Security Agency and GCHQ documents in 2013 would show clearly that people had benefited.

“Yes, there are laws on the books that say one thing, but that is perhaps why the pardon power exists – for the exceptions, for the things that may seem unlawful in letters on a page but when we look at them morally, when we look at them ethically, when we look at the results, it seems these were necessary things, these were vital things,” he said.

“I think when people look at the calculations of benefit, it is clear that in the wake of 2013 the laws of our nation changed. The [US] Congress, the courts and the president all changed their policies as a result of these disclosures. At the same time there has never been any public evidence that any individual came to harm as a result.”

Although US presidents have granted some surprising pardons when leaving office, the chances of Obama doing so seem remote, even though before he entered the White House he was a constitutional lawyer who often made the case for privacy and had warned about the dangers of mass surveillance.

Obama’s former attorney general Eric Holder, however, gave an unexpected boost to the campaign for a pardon in May when he said Snowden had performed a public service.

The campaign could receive a further lift from Oliver Stone’s film, Snowden, scheduled for release in the US on Friday. Over the weekend the director said he hoped the film would help shift opinion behind the whistleblower, and added his voice to the plea for a pardon.

His chances are  not very good, with the Obama administration having a very strict policy towards prosecution in whistle blowing cases. This includes using the Espionage Act more than all previous administrations combined to prosecute those who have leaked information to the press.

Of course the Obama administration’s zeal with regards to protecting classified information did not apply to Hillary Clinton being “extremely careless” with classified information as Secretary of State.

While it is not very likely that Obame will pardon Snowden, his chances are dramatically lower once the next president takes office. Both Hillary Clinton and Donald Trump are extremely conservative on civil liberties and are not likely to pardon him. John Cassidy of The New Yorker pointed out that, “From a civil-liberties perspective—and a factual perspective—Clinton’s answers were disturbing” when she was asked about Snowden in a Democratic debate last October. PoltiFact also called her statements about Snowden Mostly False.  Donald Trump has referred to Snowden as a traitor.

Snowden’s chances would be much better if one of the third party candidates had a chance to win. Libertarian Party candidate Gary Johnson was equivocal on applying libertarianism here, having said he would consider pardoning him. Green Party Jill Stein has been calling for a pardon for Snowden for quite a while, and has an op-ed in The Guardian repeating this view. She concluded:

Federal judges ruled that such massive collection of citizens’ metadata without any connection to a particular investigation was patently illegal, essentially vindicating Snowden. His goal was to tell the truth about the government spying on all of us, and to create public and judicial pressure on the government to create real changes in the way things are done and to stop the trajectory towards a surveillance state.

Snowden’s whistleblowing was among the most important in US history. It showed us that the relationship between the people of the United States and the government has gone off track and needs a major course correction.

The fourth amendment of the constitution provides that a court must find probable cause that an individual has committed a crime before issuing a warrant, and forbids systematic spying on the American people. The requirement of individualized suspicion should prohibit this type of dragnet surveillance. Spying on whole populations is not necessary, and is actually counterproductive.

If elected president I will immediately pardon Edward Snowden, Chelsea Manning and John Kiriakou for their important work in exposing the massive, systematic violation of our constitutional rights. I would invite them to the White House to publicly acknowledge their heroism, and create a role for them in the Stein-Baraka Green party administration to help us create a modern framework that protects personal privacy while still conducting effective investigations where warranted.

The American people have a right to privacy. My hope is that Obama uses his power to pardon Snowden now. The debate he began must be continued so we find a resolution that protects the freedom of press, association, religion and speech as well as the privacy of people in the United States and around the world.

Down To One Liberal And One Defender Of Civil Liberties In The Presidential Race

Colbert Hungry for Power Games

The number of presidential candidates should drop quickly now that voting has begun. It is not surprising that many of the candidates are waiting to see if they do better than the polls have predicted, which is reasonable considering how poorly polls often are at predicting primary results. Some of the more mainstream candidates are putting their hopes on New Hampshire. For other candidates, a loss in Iowa was enough to tell them that they had no chance.

On the Democratic side, Martin O’Malley announced that he is suspending his campaign while the Iowa caucus was in progress. It has been clear for months that O’Malley had no real chance with the conservative/establishment voters going for Clinton and the liberal/pro-insurgent voters going for Sanders. There was no middle lane for O’Malley, who certainly would be a far better choice than Clinton. He campaigned hard in Iowa, and there was no point in continuing once this failed to result in support at the caucuses. This leaves Bernie Sanders as the only liberal or progressive left in the race from either party.

For the Republicans, the Iowa caucus is the best shot for a candidate from the religious right to win, as Mike Huckabee and Rick Santorum have done in the past. Republicans this year are bucking their usual trend of backing the next in line, with Ted Cruz winning this year. Huckabee at least deserves credit for realizing there is no hope and not dragging it on any longer. I wonder how much longer Rick Santorum and Ben Carson will stay in the race.

Rand Paul dropped out today, realizing it made more sense to work at holding on to his Senate seat, especially when he is increasingly being excluded from the Republican debates. While I disagree with Paul on many things, I did like having Paul criticizing the other candidates for their conservative positions on military interventionism, civil liberties, and the drug war. For that matter, while he has done so at times, I also wish Bernie Sanders would do the same regarding Clinton’s views.

With Paul out, this leaves Sanders as the only candidate opposing unnecessary foreign intervention, the only candidate opposing the surveillance state and other restrictions on civil liberties, and the only candidate who opposes the drug war. By concentrating on economic issues, where he also differs substantially from all the remaining candidates, other issues are receiving too little attention this year.

Stephen Colbert did not do his usual segment on Hungry For Power Games last night, concentrating on the caucus instead. Now he has three candidates to mock tonight.

Update: Rick Santorum is also dropping out.

Edward Snowden Continues To Bring Out Differences Between Civil Libertarians And Advocates Of The Surveillance State

Edward Snowden We The People

The recent vote by the European Parliament calling on member states to protect whistle blower Edward Snowden from extradition and  prosecution, while largely symbolic, demonstrates how the United States government is conservative by international standards. This was seen again in the past week when, with absolutely no evidence to back them, some in the intelligence community used the recent terrorist attack in Paris to make Snowden the scapegoat. Glenn Greenwald has debunked these arguments:

The CIA’s former acting director, Michael Morell, blamed the Paris attack on Internet companies “building encryption without keys,” which, he said, was caused by the debate over surveillance prompted by Snowden’s disclosures. Sen. Dianne Feinstein (D-Calif.) blamed Silicon Valley’s privacy safeguards, claiming: “I have asked for help. And I haven’t gotten any help.”

Former CIA chief James Woolsey said Snowden “has blood on his hands” because, he asserted, the Paris attackers learned from his disclosures how to hide their communications behind encryption. Woolsey thus decreed on CNN that the NSA whistleblower should be “hanged by the neck until he’s dead, rather than merely electrocuted.”

The CIA’s blame-shifting game, aside from being self-serving, was deceitful in the extreme. To begin with, there still is no evidence that the perpetrators in Paris used the Internet to plot their attacks, let alone used encryption technology.

CIA officials simply made that up. It is at least equally likely that the attackers formulated their plans in face-to-face meetings. The central premise of the CIA’s campaign — encryption enabled the attackers to evade our detection — is baseless.

Even if they had used encryption, what would that prove? Are we ready to endorse the precept that no human communication can ever take place without the U.S. government being able to monitor it? To prevent the CIA and FBI from “going dark” on terrorism plots that are planned in person, should we put Orwellian surveillance monitors in every room of every home that can be activated whenever someone is suspected of plotting?

The claim that the Paris attackers learned to use encryption from Snowden is even more misleading. For many years before anyone heard of Snowden, the U.S. government repeatedly warned that terrorists were using highly advanced means of evading American surveillance…

Greenwald elaborated more on this, and concluded with a general warning about how the government uses terrorism as an excuse to infringe upon civil liberties:

What the Snowden disclosures actually revealed to the world was that the U.S. government is monitoring the Internet communications and activities of everyone else: hundreds of millions of innocent people under the largest program of suspicionless mass surveillance ever created, a program that multiple federal judges have ruled is illegal and unconstitutional.

That is why intelligence officials are so eager to demonize Snowden: rage that he exposed their secret, unconstitutional schemes.

But their ultimate goal is not to smear Snowden. That’s just a side benefit. The real objective is to depict Silicon Valley as terrorist-helpers for the crime of offering privacy protections to Internet users, in order to force those companies to give the U.S. government “backdoor” access into everyone’s communications. American intelligence agencies have been demanding “backdoor” access to encryption since the mid-1990s. They view exploitation of the outrage and fear resulting from the Paris attacks as their best opportunity yet to achieve this access.

The key lesson of the post-9/11 abuses — from Guantanamo to torture to the invasion of Iraq — is that we must not allow military and intelligence officials to exploit the fear of terrorism to manipulate public opinion. Rather than blindly believe their assertions, we must test those claims for accuracy. In the wake of the Paris attacks, that lesson is more urgent than ever.

The controversy over Edward Snowden’s actions has become apart of this year’s election debates. Hillary Clinton’s comments on Snowden in the first Democratic Debate were just one of many falsehoods from Clinton which went unchallenged during the debate. Nick Gillepsie and Amanda Winkler called Clinton’s comments on Snowden her biggest lie of the debate:

What was Hillary Clinton’s biggest lie during the first Democratic debate?

That NSA whistleblower Edward Snowden could have gone through official channels.

“He broke the laws,” said Clinton. “He could have been a whistleblower, he could have gotten all the protections of being a whistleblower.”

More important is the experience of NSA and intelligence whistleblowers who came before Snowden.

“Tom Drake, Bill Binney, Kirk Wiebe, and Ed Loomis did go through the proper channels,” says Radack. “And all of them fell under criminal investigations for having done so.”

Hillary Clinton has a right her own opinion about the value and damage done by Snowden’s revelations, but she’s simply not credible when she argues he could have worked through official channels.

Martin O’Malley also took a hard line on Snowden during the debate. In contrast, Bernie Sanders has called for clemency or a plea agreement for Snowden. He took the most moderate approach towards Snowden during the first debate:

SANDERS: I think Snowden played a very important role in educating the American people to the degree in which our civil liberties and our constitutional rights are being undermined.

COOPER: Is he a hero?

SANDERS: He did — he did break the law, and I think there should be a penalty to that. But I think what he did in educating us should be taken into consideration before he is (inaudible)

Sanders also defended privacy rights against NSA surveillance during the debate:

Well, I would shut down — make — I’d shut down what exists right now is that virtually every telephone call in this country ends up in a file at the NSA. That is unacceptable to me. But it’s not just government surveillance. I think the government is involved in our e-mails; is involved in our websites. Corporate America is doing it as well. If we are a free country, we have the right to be free. Yes, we have to defend ourselves against terrorism, but there are ways to do that without impinging on our constitutional rights and our privacy rights.

Snowden has received support world wide from civil libertarians and activists against tyranny. The most recent example came from Chinese activist Ai Weiwei:

Chinese artist and activist Ai Weiwei has expressed alarm about the growth of state surveillance and praised US whistleblower ­Edward Snowden for speaking out about the “technology monster”.

Ai is due in Australia next month for a show at the ­National Gallery of Victoria, where he will share top billing with the late American pop artist Andy Warhol.

Speaking in Berlin, where he runs a studio in tandem with ­another in Beijing, Ai told The Weekend Australian that Snowden was “one of the great heroes” for sharing information about government control.

Ai carries two iPhones, and a picture of Snowden — the National­­ Security Agency contractor who revealed domestic spying in the US — is printed on the back of both.

“This guy should have a Nobel Peace Prize if anybody ­deserves that,” he said. “But, of course, he could not stop it. He just told the people that’s what’s happening.

“Of course, what happened then is a nightmare, this young guy just had to sacrifice everything for saying that.”

The Democratic Debate: Clinton Wins On Style And Gets Support Of Pundits; Sanders Wins On The Issues And Wins The Focus Groups

CNN Democratic Debate

Hillary Clinton and Bernie Sanders each entered the first Democratic debate with different goals, and both accomplished them. Clinton was more polished, with both more debating experience, and having prepared in a conventional manner. She was also better at evading questions she did not want to answer. She won the chattering class. The same journalists who have underestimated Sanders from the start, and have not taken his campaign seriously, say that Clinton won.

Sanders won on the issues, and did what he intended to enhance his campaign. Sanders won the focus groups. He gained 35,163 followers on Twitter, compared to 13,252 for Clinton. Although unscientific and of questionable meaning, he won the online polls by large margins. Alternet summarized:

Bernie Sanders by all objective measures won the debate. Hands down. I don’t say this as a personal analysis of the debate – the very idea of “winning” a debate is silly to me. I say this because based on the only objective metrics we have, online polls and focus groups, he did win.  And it’s not even close.

Sanders won the CNN focus group, the Fusion focus group, and the Fox News focus group – in the latter, he even converted several Hillary supporters. He won the Slate online poll, the CNN/Time online poll, 9News ColoradoThe Street online poll, Fox5 poll, the conservative Drudge online poll and the liberal Daily Kos online poll. There wasn’t, to this writer’s knowledge, a poll he didn’t win by at least an 18 point margin.  But you wouldn’t know this from reading the establishment press. The New York Times, The New Yorker, CNN, Politico, Slate, New York Magazine, and Vox all of which unanimously say Hillary Clinton cleaned house.

Sanders went into the debate with an unconventional preparation as I discussed last week. Sanders did not go into the debate memorizing zingers or planning to try to take down Hillary Clinton. He used the debate to get access to potential voters who were not aware of him, and succeeded. This is also seen in the number of Google searches for him. To some degree this could be the novelty factor, from people who already knew about Clinton but not Sanders, but the large number of people expressing interest is bound to translate into some new supporters.

While Clinton did receive far more favorable reviews from the mainstream media, there are exceptions. Philip Bump at The Washington Post did point out how Sanders was the candidate breaking through. The Chicago Tribune considered Sanders to be the winner. Russell Berman at The Atlantic  argued that Sanders might receive a bigger bounce from the debate than Clinton. As might be expected, many blogs on the left also felt that Sanders won the debate.

With his lack of conventional debate preparation, there were areas in which Sanders could have explained himself better, along with other points where Sanders clearly won on the issues.  He should have been  prepared for a question based upon the recent Meet the Press interview. I recently discussed why the Democratic Socialist label is not hurting Bernie Sanders. Despite the labels he prefers, Sanders seeks to reform capitalism, not eliminate it. It is notable that he did point out his support for small and medium sized business:

SANDERS: I think everybody is in agreement that we are a great entrepreneurial nation. We have got to encourage that. Of course, we have to support small and medium-sized businesses.

But you can have all of the growth that you want and it doesn’t mean anything if all of the new income and wealth is going to the top 1 percent. So what we need to do is support small and medium-sized businesses, the backbone of our economy, but we have to make sure that every family in this country gets a fair shake…

Sanders could have also done a better job on guns, but he did note his D- lifetime rating from the NRA (with Sanders also receiving an F at  least once).

Let’s begin, Anderson, by understanding that Bernie Sanders has a D-minus voting rating (ph) from the NRA. Let’s also understand that back in 1988 when I first ran for the United States Congress, way back then, I told the gun owners of the state of Vermont and I told the people of the state of Vermont, a state which has virtually no gun control, that I supported a ban on assault weapons. And over the years, I have strongly avoided instant background checks, doing away with this terrible gun show loophole. And I think we’ve got to move aggressively at the federal level in dealing with the straw man purchasers.

Also I believe, and I’ve fought for, to understand that there are thousands of people in this country today who are suicidal, who are homicidal, but can’t get the healthcare that they need, the mental healthcare, because they don’t have insurance or they’re too poor. I believe that everybody in this country who has a mental crisis has got to get mental health counseling immediately

While some Democrats will attack his record, I believe that Sanders’ approach of considering both the need for gun control and the rights of hunters to be a stronger position for a general election. Sanders would also be in a stronger position than Clinton to bring both sides to the table to work on sensible gun legislation.

Sanders was more prepared for the questions about Black Lives Matter. Note that Sanders repeated the phrase, but Clinton did not. Sanders wins a point over Clinton in his support for expanding Social Security. In contrast to the Republicans, it was good to see a political party which faced reality on climate change, but there are also aspects of Clinton’s environmental record which could have been challenged.

Sanders was right in arguing that war should only be considered as a last resort. Clinton was unable to defend her mistakes on Libya or Syria, but her opponents could also have done a better job of criticizing her on these. Perhaps it would have been different if Joe Biden was there, considering how he spent four years opposing Clinton’s hawkish views. Sanders was also far better than Clinton when discussing civil liberties, including his opposition to NSA surveillance, and marijuana laws, including opposition to the drug war. Despite calling himself a Democratic Socialist, in many ways Sanders is the most libertarian candidate running from either party (at least for us left-libertarians who concentrate on civil liberties as opposed to greater freedom for giant corporations).

Clinton was right in saying that the economy does better when a Democrat is in office. It was clear that any of the participants in last night’s debate would have been better than the Republicans running. She was knocked for her flip-flopping on the issues. Factcheck.org exposed her for trying to throw her previous statements on TPP down the memory hole:

Clinton revised her earlier position on the Trans-Pacific Partnership, a proposed trade agreement between 12 Pacific Rim countries, claiming that she merely said she “hoped” it would be a “gold standard.” But her earlier support was more unequivocal.

The topic arose when debate moderator Anderson Cooper asked Clinton if some of her recent position changes were tied to political expediency, and he specifically referenced Clinton’s recent decision to oppose the TPP.

“You supported his trade deal dozens of times. You even called it the ‘gold standard.’ Now, suddenly, last week, you’re against it,” Cooper said. “Will you say anything to get elected?”

Clinton said that over the course of her career, her values and principles have remained consistent, though some positions have evolved as she “absorb[s] new information.”

“You know, take the trade deal,” Clinton said. “I did say, when I was secretary of state, three years ago, that I hoped it would be the gold standard. It was just finally negotiated last week, and in looking at it, it didn’t meet my standards. My standards for more new, good jobs for Americans, for raising wages for Americans. And I want to make sure that I can look into the eyes of any middle-class American and say, ‘this will help raise your wages.’ And I concluded I could not.”

But Clinton didn’t add the “hoped it would be” qualifier when she made the initial comment about the TPP in 2012.

“This TPP sets the gold standard in trade agreements to open free, transparent, fair trade, the kind of environment that has the rule of law and a level playing field,” Clinton remarked in Adelaide, Australia, on Nov. 15, 2012. “And when negotiated, this agreement will cover 40 percent of the world’s total trade and build in strong protections for workers and the environment.”

Two days later, in Singapore, Clinton again sang the praises of the TPP.

“The so-called TPP will lower barriers, raise standards, and drive long-term growth across the region,” Clinton said. “It will cover 40 percent of the world’s total trade and establish strong protections for workers and the environment. Better jobs with higher wages and safer working conditions, including for women, migrant workers and others too often in the past excluded from the formal economy will help build Asia’s middle class and rebalance the global economy.”

The same article also noted that Clinton has repeated some of the same lies she told in the past about the email scandal which have been debunked in the past by fact checkers,

When asked about her unusual email arrangement as secretary of state, Clinton said, “What I did was allowed by the State Department.” That’s not the full story.

Clinton conducted government business exclusively using a personal email account (hdr22@clintonemail.com), and those emails were stored on a private server.

As we have written before, the State Department and the Clinton campaign have cited a National Archives and Records Administration rule issued in 2009 that said federal agencies that allow the use of personal emails must preserve them “in the appropriate agency recordkeeping system.” So personal emails were allowed.

But federal rules also required Clinton to preserve her work emails “at the end of the Secretary’s tenure or sooner if necessary.” She did not turn over copies of her emails to the State Department until Dec. 5, 2014 — nearly two years after she left office on Feb. 1, 2013.

Also, whether the State Department allowed it or not, Clinton’s decision “to conduct all e-mail correspondence through a private e-mail network, using a non-.gov address, is inconsistent with long-established policies and practices under the Federal Records Act and NARA regulations governing all federal agencies,” according to congressional testimony of Jason R. Baron, a former director of litigation at the National Archives, who is now a lawyer at Drinker Biddle.

Sanders’ biggest error was to present statistics for underemployment when making statements about unemployment, and got the ranking of the United States in income inequality wrong.

Sanders did provide an unexpected lifeline to Clinton when the email scandal came up, objecting to discussing this instead of the issues. It makes sense that he would not want to include this in his campaign, especially at a Democratic debate in front of partisan Democrats invited by the DNC. Besides, if Sanders had his way, he would talk about nothing other than income inequality and related economic matters throughout the debate, and the campaign. It is also unnecessary for Sanders to discuss this when there are still around thirty-six FOIA suits in progress along with the Justice Department investigation. If this was a debate in the general election, the Republicans could have raised a lot of valid points against Clinton, and this time would not have had to make things up as with Benghazi. As The Washington Post noted, the email scandal is not a problem which is going away. Sanders can sit back and let it all play out.

While both Clinton and Sanders could claim victories in this debate, the night did not go as well for the other candidates. I thought Martin O’Malley often did a fine job, including setting Clinton straight on economic policy at one point, but so far there are no signs he is receiving credit for this.  He has shown he could make a fine cabinet member, but it is hard to see him becoming a viable candidate for the nomination this year.

I give Lincoln Chafee credit for taking on Clinton over both her support for the Iraq war and over ethics. While he has no chance at becoming president, probably not now or ever, I do hope he remains around in politics, and perhaps in the next administration, to provide a conscience. Unfortunately he will be most remembered for being unprepared for his first vote as a Senator. Jim Webb blew any chance of using this debate to improve his campaign, and probably will only be remembered for having said he killed somebody.

Donald Trump also tried to get in on the action by live-blogging the debate, but he seemed totally over his head when issues came up. Once again, the Democrats showed they were far superior to the Republican candidates.

 

Sanders Joins Obama In Opposing Clinton’s Hawkish Views On Syria

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While economics have so far dominated the campaign, I feel that the number one reason to nominate Bernie Sanders and not Hillary Clinton is to prevent a return to the foreign policy of George Bush and get us involved in further foolish military intervention. Clinton has a long history of irrational hawkishness. This includes pushing for the Iraq war with false claims of ties between Saddam and al Qaeda, along with advocating increased military intervention as Secretary of State. Fortunately the Obama White House frequently opposed advice from Clinton, often with Joe Biden leading the opposition to her proposals. When the Obama administration did listen to her on intervention in Libya, it turned into a disaster.

Clinton has disagreed with Obama on Syria, favoring increased military intervention. She has attacked Obama on Syria saying, “Great nations need organizing principles, and ‘Don’t do stupid stuff’ is not an organizing principle. ” It sound like a good principle to me, sort of the political equivalent of the Hippocratic Oath, and an idea Clinton should consider. Instead Clinton is proposing more “stupid stuff” in proposing that the United States impose a no-fly zone in Syria. Enforcement of this would not only increase the risk of us getting entangled in the conflict between the Syrian government and ISIS, but also risk direct military confrontation with Russia.

Bernie Sanders has joined Obama in opposing Clinton’s desire for this increase in military intervention. The Washington Post reports:

Sen. Bernie Sanders (I-Vt.) said Saturday that he opposes a unilateral American no-fly zone in Syria, offering a less hawkish stance on the war-torn region than Hillary Rodham Clinton, his chief rival for the Democratic presidential nomination, and a position more in line with President Obama.

“We must be very careful about not making a complex and dangerous situation in Syria even worse,” Sanders said in a statement to The Washington Post. “I support President Obama’s efforts to combat ISIS in Syria while at the same time supporting those in that country trying to remove the brutal dictatorship of Bashar Assad.”

But, Sanders added: “I oppose, at this point, a unilateral American no-fly zone in Syria, which could get us more deeply involved in that horrible civil war and lead to a never-ending U.S. entanglement in that region.”

In a television interview broadcast Thursday, Clinton advocated additional air power to protect civilians in the multi-front war, in which Syrian rebels and international advocates have said that air patrols in Syria’s north could give civilians a refuge from Assad’s bombing raids…

Clinton’s position puts her in the same camp as some Republican contenders for the presidential nomination, including former Florida governor Jeb Bush and Ohio Gov. John Kasich…

Sanders, who has a pair of rallies planned in Massachusetts on Saturday, has been speaking out in his recent campaign appearances about “the cost of war,” accusing Republicans of being too eager to insert the U.S. military into conflicts that will result in casualties and a range of other problems for returning U.S. soldiers.

Saturday’s events, planned in Springfield and Boston, come amid a fresh burst of momentum for Sanders, whose campaign announced this week that it had raised $26 million in the last fundraising quarter, nearly as much as Clinton. Recent polls from New Hampshire have showed Sanders leading Clinton, and polls from Iowa have showed a close contest.

I don’t know how much of his economic agenda Bernie Sanders could pass when the Republicans can block legislation with forty Senators. The big difference between a Sanders presidency and a Clinton presidency will probably seen in the areas where the president has more direct power. If Sanders is president we are far less likely to wind up in more unnecessary wars, and far less likely to see a continuation of infringements on civil liberties with activities such as the NSA surveillance of American citizens.

Update: Sanders reportedly had more record crowds out to see him in Boston. The Boston Globe reports it was “the largest rally for a presidential primary candidate in recent Massachusetts history, topping 10,000 people drawn to Boston Common eight years ago by Barack Obama.”

Fox Republican Debate Dominated By The Donald

Fox Debate August 2015

Fox brought in a record 24 million viewers for the first Republican debate on Thursday night , and nobody doubts it was because of Donald Trump. CNN explained what this number means:

For perspective, the first GOP primary debate four years ago, also on Fox, attracted 3.2 million viewers.

The most-watched primary debate that year, broadcast by ABC, reached 7.6 million.

Thursday’s debate audience more than tripled that one.

The audience easily exceeded pretty much everything that’s been on American television this year, from the finale of “The Walking Dead” to the final episode of David Letterman’s “Late Show.”

The debate was bigger than all of this year’s NBA Finals and MLB World Series games, and most of the year’s NFL match-ups.

It also trumped Jon Stewart’s Thursday night’s sign-off from “The Daily Show,” which averaged 3.5 million viewers.

Trump is a known ratings magnet. His reality show “The Celebrity Apprentice” used to reach 20 million viewers a week. But it has slipped over the years, averaging 6 to 8 million viewers for recent seasons.

The debate, as well as most of the talk afterwards, was about Donald Trump. They might as well have named it Presidential Apprentice. By the end, many viewers might have been expecting to go to the boardroom to see who Trump would fire. Hint–it might not have been one of the candidates considering what he has been saying about Megyn Kelley and the other Fox correspondents. Among the most crude:

Trump was the center of attention from the start when the very first question was a show of hands  as to “who is unwilling tonight to pledge your support to the eventual nominee of the Republican party and pledge to not run an independent campaign against that person.” Only Donald Trump raised his hand. (Full transcript of the debate can be found here).

Donald Trump did make a great case for campaign finance reform:

I will tell you that our system is broken. I gave to many people, before this, before two months ago, I was a businessman. I give to everybody. When they call, I give.

And do you know what?

When I need something from them two years later, three years later, I call them, they are there for me.

QUESTION: So what did you get?

TRUMP: And that’s a broken system.

QUESTION: What did you get from Hillary Clinton and Nancy Pelosi?

TRUMP: Well, I’ll tell you what, with Hillary Clinton, I said be at my wedding and she came to my wedding.

You know why?

She didn’t have a choice because I gave. I gave to a foundation that, frankly, that foundation is supposed to do good. I didn’t know her money would be used on private jets going all over the world. It was.

Trump also restated his opposition to the Iraq war but flip-flopped on his previous support for a single payer system. Trump could have been the best candidate in the room if he hadn’t turned into a Tea Party clown.

There were some other moments when Republican candidates deserved credit. This includes Rand Paul criticizing both his fellow Republican candidates and Hillary Clinton for their policies which on sending more arms to middle east:

I’ve been fighting amidst a lot of opposition from both Hillary Clinton, as well as some Republicans who wanted to send arms to the allies of ISIS. ISIS rides around in a billion dollars worth of U.S. Humvees. It’s a disgrace. We’ve got to stop — we shouldn’t fund our enemies, for goodness sakes.

This was followed by John Kasich defending taking funds for the Medicaid expansion under Obamacare:

First of all, Megyn, you should know that — that President Reagan expanded Medicaid three or four times.

Secondly, I had an opportunity to bring resources back to Ohio to do what?

To treat the mentally ill. Ten thousand of them sit in our prisons. It costs $22,500 a year to keep them in prison. I’d rather get them their medication so they could lead a decent life.

Rand Paul made a another good point when he argued with Chris Christie over NSA surveillance:

The Fourth Amendment was what we fought the Revolution over! John Adams said it was the spark that led to our war for independence, and I’m proud of standing for the Bill of Rights, and I will continue to stand for the Bill of Rights.

Beyond this, we primarily learned from the debates that Republicans hate Barack Obama, Hillary Clinton, Obamacare, and Planned Parenthood.

I am looking forward to seeing Bernie Sanders debate Hillary Clinton on foreign military intervention and suppression of civil liberties. Clinton’s record on these topics does fit well in the GOP mainstream.

I am hesitant to write about winners because we have learned that the winner of a debate is not based upon the debate itself, but the perception of the candidates after people have listened to the talking heads in the days following the debate. This is further complicated with the Republican Party as most of their voters receive their thoughts from Fox. Criticism from the Fox commentators could make Donald Trump look like a loser, but so far he has managed to survive better than the pundits have predicted, and it is not looking like Fox will be successful against him.

From my perspective, which could be quite different from that of Fox, the winners were John Kasich and Marco Rubio. Kasich barely squeaked into the prime time debate, and the two debates did show that Kasich really did deserve to be there more than Rick Perry, who was excluded, possibly by fudging the results of the polls. Kasich and Jeb Bush looked the most stable in the group. Bush already has his position as top contender after Trump, but now Kasich might replace Scott Walker as the leading challenger to Bush and move into the top tier.

I also downgraded Bush for his discussion of his brother’s policies. It wasn’t faulty intelligence which got us in Iraq as he claimed, but his brother twisting the intelligence to justify the war he wanted to start. Jeb! also seemed oblivious to the fact that ISIS and the other problems now occurring in Iraq are due to his brother destabilizing the region. They all seemed oblivious, when talking about the deficit, to the fact that the deficit is a consequence of George W. Bush both fighting the war on credit and cutting taxes on the wealthy.

The other Republican who looked good, if you ignore his actual views, was Marco Rubio. He could make a good candidate in a television-based campaign. The entry of Trump into the race made it hard for candidates like Rubio to get attention, but he did get a shot at being noticed Thursday.

On the other hand, it seemed a battle throughout the evening between Mike Huckabee and Ted Cruz to be the most bat-shit candidate on stage, which was impressive considering that Donald Trump was on the same stage. I was edging towards awarding this to Huckabee, with lines such as, “The purpose of the military is kill people and break things,” until Cruz gave his closing statement, and clinched the title:

If I’m elected president, let me tell you about my first day in office. The first thing I intend to do is to rescind every illegal and unconstitutional executive action taken by Barack Obama.

The next thing I intend to do is instruct the Department of Justice to open an investigation into these videos and to prosecute Planned Parenthood for any criminal violations.

The next thing I intend to do is instruct the Department of Justice and the IRS to start (sic) persecuting religious liberty, and then intend to cancel the Iran deal, and finally move the U.S. embassy in Israel to Jerusalem.

I will keep my word. My father fled Cuba, and I will fight to defend liberty because my family knows what it’s like to lose it.

In contrast, Huckabee went for the laugh as opposed to Cruz’s tirade:

It seems like this election has been a whole lot about a person who’s very high in the polls, that doesn’t have a clue about how to govern.

A person who has been filled with scandals, and who could not lead, and, of course, I’m talking about Hillary Clinton.

So, in conclusion, Trump wins for continuing to totally dominate the discussion, Kasich and Rubio had smaller victories which might improve their position if the race should return to be about the more conventional candidates, and Cruz edged Huckabee for the scariest Republican in the room. Hillary Clinton and Bernie Sanders must really have felt happy seeing this debate and the caliber of candidate they might come up against in the general election.