Author Archive

Weekly Web Watch 09/14/09 – 09/20/09

September 21, 2009

The Obama administration decided to scrap the Bush administration’s plans for missile defense systems in Poland and the Czech Republic.  Defense Secretary Robert Gates gave more information about the season in a press conference, implicitly rebuking those who claimed this was more about politics than defense.  The New York Times put together a selection of responses to the news.  John Noonan reinforces the point that the old system was about future capabilities, not about present threats.  Nathan Hodge is one of several who points out that announcing this decision on the 70th anniversary of the Soviet invasion of Poland was not the most politically astute move.  And Thomas Joscelyn follows up on the “updated intelligence” reports that led to the decision.

Last week, we noted that the Obama administration was putting in new procedures at Bagram AFB allowing detainees to challenge their detention.  As more details have emerged, however, reaction to this development seems to have shifted.  Spencer Ackerman, Glenn Greenwald, and Alex Knapp all weigh in with some variation of “this replicates Guantanamo at Bagram.”  Ackerman has the best quote: David Remes from Appeal for Justice says that the administration is replicating the Combatant Status Review Tribunals with the new order.  Greenwald points out that these new guidelines were issued one day before the DoJ appealed a ruling (.pdf) that interpreted Boumediene to extend habeas corpus rights to Bagram detainees.

The Obama administration delivered to Congress a document that, it says, lays out metrics to determine victory in Afghanistan.  Foreign Policy managed to acquire and post the entire document.  Spencer Ackerman offers the Cliffs Notes version.  Early reaction seems almost entirely negative, because the “metrics” read more like mission statements than measurable goals.  The Economist has the most disgusted reaction, saying that the document is disappointing and confusing.  Dave Schuler is also unimpressed, calling it a “wishlist” instead of a strategy.  Fred Kagan defends, if not the metrics themselves, at least the thinking behind them.

The Obama administration proposed the creation of a Consumer Financial Protection Agency (CFPA), engendering pushback from several interest groups.  The CFPA would regulate businesses that extend credit to consumers in a wide range of products, including credit cards and mortgages.  Joshua Wright and Todd Zywicki have an essay up that argues that the CFPA is a knee-jerk response to the financial crisis that fundamentally misunderstands what led to the breakdown in financial markets.  Their key argument is that the problem was not the consumers but rather the lenders.  Ilya Somin piles on, arguing that the agency will lead to less (or less effective) consumer protection.  Obama advisor Larry Summers has fired back, accusing business groups of using “scare tactics” like the infamous “death panels” used against health-care reform.  Meanwhile, Judge Jed Rakoff angrily disapproved of a settlement between the Securities and Exchange Commission and Bank of America that, he said, would allow both of those organizations to profit by BofA’s wrongdoing at shareholders’ expense.

Several provisions of the PATRIOT Act are up for renewal, and several Democratic senators are promising to fight for expanded protection of civil liberties.  Julian Sanchez, who wants reform of the PATRIOT Act, has the full text of proposed changes here (.pdf).

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Weekly Web Watch 09/07/09 – 09/13/09

September 15, 2009

President Obama gave a speech outlining his new health-care reform proposal.  The highlight of the evening, at least for reporters, was Rep. Joe Louis shouting “You lie!” at the president after Obama stated that illegal aliens would not be covered.  Reaction was immediate and Louis apologized the next day.  Despite some claims, heckling the president is not unprecedented.  James Joyner defends Louis, saying that the Democrats’ plan will wind up covering illegal aliens, even if it is not explicitly supposed to do so.  Alex Massie is uninterested in health care, but the British writer is fascinated by a country that staged a revolution to overthrow a king, only to demand that everyone treat the president like a monarch.  Relatedly, Obama is offering to put tort reform into the health-care bill, though he would use a former trial lawyer lobbyist to do so.

President Obama imposed a thirty-five percent tariff on tire imports from China.  He did so under a section of the law that allows the President to unilaterally impose tariffs to prevent “surges” of foreign goods.  The Financial Times reports that China is already threatening to escalate the incident into a trade war by slapping tariffs on U.S. poultry and cars.

The men who attempted to blow airliners up with liquid explosives were convicted in the U.KChannel 4 reports that they were caught using NSA wiretaps.  Glenn Greenwald notes, however, that those wiretaps were authorized by the FISA.

Saturday saw the largest rally yet against President Obama.  The number of protesters is still unknown; most sources report 1-1.5 million people attended; outliers range from 2 million to 60,000.  One thing most observers agree on is that there was no unifying theme to the protesters aside from their dislike of Obama’s policies.

The U.S. invaded Somalia.  Again.

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Weekly Web Watch 08/31/09 – 09/06/09

September 7, 2009

The CIA has asked the Department of Justice to start an investigation into the leak about the CIA’s assassination program.  Also, interestingly, the head of Xe (formerly Blackwater) has been placed on al-Qaeda’s “most wanted” list.

Stuart Holder argues that John Durham’s probe of CIA interrogations is political theater.  Holder argues that the investigation meets the U.S. requirements under the UN Convention Against Torture, but that actual prosecutions would be “political suicide.”  The Economist argues that the U.S. is always just one terror attack away from becoming Dick Cheney.

President Obama plans to give a speech to schoolchildren next week.  Some critics are urging their readers to keep their children home from school; some school districts have cancelled their planned broadcast of the speech.  Jim Lindgren says that the speech itself is not unprecedented and provides the text of George H.W. Bush’s 1991 speech to schoolchildren.

The Citizens for Responsibility and Ethics in Washington declared victory by settling their lawsuits with the White House.  The White House will give up visitors’ logs and agrees to continue to post the logs online.

The Obama administration refused to release further information about interrogation practices, saying that, as intelligence “sources and methods,” they do not have to be disclosed, even in court.

The State Department fired its private security in Kabul, managed by Armor Group, after photos and documents emerged detailing lewd and abusive behavior by the guards.  The Project on Government Oversight called it a “Lord of the Flies environment.”  Nathan Hodge (warning: NSFW pic at link) points out that the contractors that have found themselves in trouble are usually employed by the State Department, not the Pentagon.  If you want to see the offending pictures, you may do so here (nudity and lewd behavior depicted).

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Weekly Web Watch 08/24/09 – 08/30/09

August 31, 2009
Sen. Ted Kennedy

Sen. Ted Kennedy

Sen. Edward Kennedy succumbed to brain cancer.  Kennedy had been a senator for 46 years.  His death leaves the Democrats with 59 senators instead of the filibuster-proof 60 (though they have been effectively operating with 58 senators recently, Kennedy being absent while undergoing cancer treatment and Robert Byrd staying at home in West Virginia).  Kennedy had urged Massachusetts to change the state’s procedure for choosing a replacement senator; currently, the law requires a special election 145 to 160 days after the vacancy arises.  Doug Bandow says that the Democrats have no one to blame but themselves for that mess.

Attorney General Eric Holder appointed John Durham as a special prosecutor with the mandate to investigate detainee abuse allegedly committed by the CIA.  The New York Times has a look at the bureaucratic struggles that this probe is aggravating.  Notable amongst those are the frustration of CIA efforts to end DoJ inquiries and the general sense of irritation at White House Cousel Gregory Craig for his troubles with message management.  Quin Hillyer makes no secret of his support for CIA in this struggle and worries that CIA director Leon Panetta is already on his way out of the administration.  Rep. Peter King says that Holder has “declared war” on the CIA.  Contrast that with Glenn Greenwald, who says that Holder’s investigation is designed to find a few bad apples while leaving the policymakers safe.  David Cole agrees that the investigation should push further.

The Obama administration directed the Office of Legal Counsel to release a wide range of memoranda on various aspects of the War on Terror.  They have helpfully been made available on the DoJ website.  John Elwood has helpfully reviewed and categorized them at the Volokh Conspiracy.  Scott Horton has helpfully read one of the memos; you can learn how an “extraordinary rendition” is done, step-by-step, by reading his summary.

The Washington Post reported that waterboarding and other techniques were effective in getting alleged 9/11 mastermind Khalid Sheikh Mohammed to talk.  Thomas Joscelyn predicts that this is just the first of several documents and reports that will justify “enhanced interrogation techniques.”

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Weekly Web Watch 08/17/09 – 08/23/09

August 23, 2009

Former DHS Secretary Tom Ridge reveals, in a forthcoming book, that he was pressured by the White House to raise the Threat Level Advisory (the color code) in order to influence the 2004 election.  Calling it an “intersection of politics, fear, credibility, and security,” Ridge explains that the episode led to his resignation.  Former Homeland Security Advisor Frances Townsend denied the allegation.  Ridge first made these allegations in 2005;   Ridge also claims that he never attended National Security Council meetings and that the White House thwarted his plan to reorganize FEMA prior to Katrina.  Caleb Howe takes a skeptical look at the claims and comes away wondering if this isn’t just effective marketing by Ridge’s publisher.

Scotland released Libyan agent Abdel Baset al-Megrahi, the only man convicted of the 1983 Lockerbie bombing.  Al-Megrahi suffers from terminal prostate cancer.  The U.S. lobbied against the release.  Part of his release involved his agreement to drop an appeal against his conviction.  That leads some to question whether this release is part of a deal between the U.K. and Libya to bury potentially thorny questions about who is actually responsible for the bombing (al-Megrahi, whatever his involvement, is not alleged to have been the mastermind).

The Wall Street Journal reports that Senate Democrats and the White House are considering splitting the health-care reform bill in two in order to use the reconciliation procedure to pass some elements.  Reaction to this idea, Philip Klein reports, seems mostly negative.  Meanwhile, President Obama published an op-ed in the New York Times to promote his health-care agenda.  David Rivkin and Lee Casey argue that the proposed health-care reform is, in any case, unconstitutionalJonathan Adler and Jack Balkin both disagree with that argument (and with each other).

Presidential elections were held in Afghanistan.  Afghani officials call the election a success, at least from a security point of view, with no major disruptions.  This story is disputed by some journalists; if they are correct, and people were staying away from the polling places, then it may prove Anne Applebaum correct that the Taliban’s goal in the elections was to cast doubt upon the legitimacy of the new Afghan president.  Bill Roggio, however, sees proof that the Taliban is too weak to mount a major offensive against an obvious target.

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Weekly Web Watch 08/10/09 – 08/16/09

August 16, 2009

Former Vice President Dick Cheney is threatening to write a “tell-all” book about the Bush administration, saying the “statute of limitations has expired” on his secrets.  Cheney apparently feels that Bush moved away from Cheney’s preferred policies during the second term.

Troops in Afghanistan

Anthony Cordesman claims that the U.S. may need to deploy 45,000 additional troops to Afghanistan.  Dave Schuler claims that this is a lowball figure, claiming that securing the country would likely require 325,000 to 820,000 troops.  Spencer Ackerman reports on the growing concern about goals in Afghanistan, including a more-contentious-than-expected press conference with envoy Richard Holbrooke.  Philip Giraldi says that Afghanistan is increasingly a sideshow and that the U.S. needs to concentrate on Pakistan, where a series of attacks on nuclear facilities show that the country is “unraveling.”  Eric Etheridge has much more from a variety of sources.

John Bellinger, the legal adviser to the State Department from 2005 to 2009, wrote an op-ed questioning the Obama administration’s strategy regarding the International Criminal Court.  So far, he says, the administration is unclear regarding its direction but the status quo is unlikely to change.

Protests against the proposed health-care reform are succeeding, according to a Gallup poll.  As Mickey Kaus points out, the poll is interesting but the real issue is how opinions on the reform change.

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Weekly Web Watch 07/27/09 – 08/02/09

August 2, 2009
Karl Rove

Karl Rove

A judge granted the habeas corpus petition of Guantanamo’s youngest detainee, Mohammed Jawad.  The government admitted that it could no longer defend his military detention.  However, the ruling gives the government until Aug. 21 in order to allow the Department of Justice to decide whether Jawad should be tried in civilian court for allegedly throwing a hand grenade, injuring two American servicemen and an Afghani translator.  Jacob Sullum reminds readers that this is not the end of proceedings for Jawad.  If he is charged and acquitted in civilian court, Jawad could be placed in “prolonged detention” until he succeeds in another habeas proceeding.  Liza Goiten suggests that those designated enemy combatants will never be found “not guilty.”  Scott Horton reminds readers of the treatment to which Jawad was subjected, including death threats and sleep deprivation.  And Glenn Greenwald remembers that the order for Jawad’s release would not have been possible except for the Boumediene ruling.

Another detainee, Khaled Al-Mutairi, whose case has not engendered as much debate, was also ordered released.  And the Obama administration is looking to create a “courtroom-within-a-prison” complex in either Michigan or Kansas.

The Obama administration is proceeding with plans to aggressively pursue antitrust actions.  This reverses the Bush administration position, which sidelined the antitrust division except in cases where consumers were known to be harmed.  Early targets of investigation include airline companies, phone and cable providers, and Google.  Farhad Manjoo reviews the government’s antitrust case against Microsoft and cautions the DoJ against further tinkering with the relative power of software companies.

Retired NSA and CIA chief Michael Hayden took to the pages of the New York Times to defend the President’s Surveillance Program after the release of the inspectors general report.  Hayden noted that Congress was made aware of all activities, that the DoJ signed off on the program, and that, while it is hard to determine the exact amount of useful intelligence procured, the program was valuable to the intelligence community.  Spencer Ackerman accuses the former spy chief of “having fun with adjectives,” rather than addressing the concerns of the report.

CIA director Leon Panetta pens an op-ed for the Washington Post in which he expresses hope that Congress will look to the future with him rather than continue pointing fingers over the CIA’s secret assassination program that the agency concealed for seven years.

Karl Rove (pictured above) stepped in front of the House Judiciary Committee in a closed session to answer questions about his role in the firings of nine U.S. Attorneys in 2006.  He then gave interviews to the New York Times and Washington Post.  Rove admitted that he had passed on complaints about New Mexico’s fired David Iglesias and that he had campaigned for a job for his aide Tim Griffin but, his attorney stressed, Rove’s “answers should put to rest any suspicion that he acted improperly.”  Zachary Roth reminds readers that there is a special prosecutor involved and that the story is “a long way from over.”

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Weekly Web Watch 07/20/09 – 07/26/09

July 26, 2009

The Obama administration announced that its task forces on detention and interrogation had requested deadline extensions to issue their reports.  The White House maintains that the promise to close Guantanamo in January is still operative.  Deborah Pearlstein believes that the extensions are not big news and concludes that this means the administration is looking for ways to avoid releasing detainees that they consider to still be dangerous.  The task force on detention did offer a preliminary report (hotlink to ABC).  Liza Goiten reviews it and finds it lacking in analysis but plentiful in advocacy.  And Glenn Greenwald links to a report by Human Rights First that shows over 90% of terrorism suspects brought to the court system are convicted.  Meanwhile, Pentagon General Counsel Jeh Johnson appeared to take back earlier comments that Guantanamo detainees might be detained beyond January.

Iraqi President Nouri al-Maliki suggested that U.S. troops could be staying in Iraq beyond 2011, which is when the Status of Forces agreement expires.  Juan Cole does not see big news in the announcement, believing that al-Maliki only meant to cover a few advisors.  Eli Lake speaks with a couple of experts, however, who agree that the statement does signal a shift in policy.

The New York Times reports that, in 2002, Bush administration officials, led by Dick Cheney, argued that the military should be used to arrest and detain terrorism suspects found in Lackawanna, NY.  Ultimately, Bush ordered the FBI to make the arrests instead.  Jack Balkin sees in the episode evidence of a desire to evade Fourth Amendment guarantees against government detention.

The latest intelligence funding bill might mandate disclosure of documentation of the intelligence gained through enhanced interrogation techniques.  The proposed bill passed out of the Senate intelligence committee, where it appears to have split Democrats.

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Weekly Web Watch 07/13/09 – 07/19/09

July 19, 2009

The big story this week has been the Sotomayor confirmation hearing (or, possibly, the health care agenda).  While the remembered phrase from the hearing will likely be “wise Latina,” there have been several windows into Sonia Sotomayor’s views on executive power.  First was the declaration on June 10 by Vice President Joe Biden to law enforcement groups that Sotomayor has “got your back.”  This has been followed by Chuck Schumer’s declaration that Sotomayor rules in favor of the government 83% of the time, the median rate for judges.  Stephanie Mencimer says that the confirmation hearings have shown a Sotomayor who can be as “mean” as any white male judge.  Jacob Sullum, however, says that the judge’s record is far more mixed and cautions against drawing any sweeping conclusions.

It now appears to be the accepted wisdom that the secret CIA program disclosed by CIA Director Leon Panetta last week was, in fact, an assassination squad designed to locate and kill senior Al Qaeda leaders.  Andy McCarthy feels that the outrage is a dummy scandal drummed up by Democrats; Stephen Hayes and Bill Kristol agree.  Adam White says that disclosure of the program was not statutorily required.  Kenneth Anderson argues that the disclosure will make the administration clearly decide whether to prosecute actions against Al Qaeda under a self-defense rubric or one of “soft law.”  Stratfor notes that while the program was mostly rendered obsolete by the use of UAV strikes, there could still be a desire for a “boots-on-the-ground” program in the intelligence community.  Philip Giraldi’s sources tell him that the program went active once and nearly encountered catastrophe; he concludes that, given the difficulties in running an effective assassination squad, it’s best that the program was shelved.  Was this the secret assassination unit run by Dick Cheney that Sy Hersh reported on in March?  Michael Moynihan says no.  Hersh claims vindication.

What are our goals in Afghanistan?  Tom Friedman of the NYT hopes that we can bring cultural change to the region through schooling but notes that this is a different goal than the elimination of Al Qaeda.  Dave Schuler is sympathetic but notes that such a policy is likely to engender resistance among the Afghans.  Meanwhile, commanders in Afghanistan prefer to avoid the word “surge” to describe the “planned troop increase” because it suggests that the program will be temporary.  Gary Schmitt says that Obama is repeating the mistakes of the Bush administration when it comes to Afghanistan because the Afghani national institutions are not ready to stand on their own.  Rory Stewart sees the conflict more as a measure of American strengths than as a mortal struggle and recommends that the U.S. and the U.K. review whether resources are better spent in Afghanistan or Pakistan.

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Weekly Web Watch 07/06/09 – 07/12/09

July 12, 2009

The Inspector Generals of Justice, Defense, CIA, NSA, and the Director of National Intelligence released their report on the “President’s Surveillance Program.”  This report was mandated by the FISA Amendments Act of 2008.  Spencer Ackerman blogs his run through the report at the Washington Independent.  He highlights the finding that Alberto Gonzales’s testimony before Congress was misleading, but not intentionally so.  He also reports that the IGs determined that the majority of leads generated by the program had no connection to terrorism.  Andy McCarthy has his own rundown, which includes notes that two 9/11 hijackers would have been identified through the program and that Congressional leaders were briefed about the program.  The Washington Post keyed in on the report’s finding that only three lawyers at the Department of Justice were briefed on the program, noting that this structure allowed memos to evade “a rigorous peer review process.”  And Jack Balkin reminds readers that most of the activities in the report are now legal.  Meanwhile, Glenn Greenwald is irritated by the restrictions placed on the IGs in producing their report.  And Ryan Singel warns that some criminal prosecutions might be tainted by information gained through the program but not shared with defense attorneys.

CIA Director Leon Panetta revealed that the CIA had actively concealed operations from Congress for years, including some outright lies.  Eli Lake reports that one concealed program might have involved assassination.  Later follow-ups suggest that former VP Dick Cheney might be behind the concealment.  Steven Taylor has this takeaway from the whole situation: “The broader problem here is that the current congressional oversight process over intelligence doesn’t work very well (if at all).”  Some Democrats agree and have sought to expand the number of congressmen that must be briefed on CIA activities; President Obama has pledged to veto any Intelligence Authorization bill that includes that requirement (see original link).  Interestingly, one of the more prominent bloggers brought into the Obama administration was Marty Lederman, who, last year, proposed a measure remarkably similar to Congress’s (it is doubtful that this issue will involve OLC, however, which is where Lederman is now working).

Pentagon general counsel Jeh Johnson claims that the executive can detain people it claims as national-security threats even if they are acquitted in a criminal trial.  Deborah Pearlstein claims that this is not as controversial as many have made it out to be, pointing out that prisoner-of-war detention has never been subject to the results of criminal trial.  Jonathan Turley, by contrast, sees this as the “retention and expansion of abusive Bush policies.”  And Michael Goldfarb, cheering the decision, calls the assertion of power “no different than it was under Bush.”

President Obama and Russian President Dmitry Medvedev signed a deal to reduce nuclear armaments in the two countries by a third.  Former Defense Secretary James Schlesinger hopes that this is not the first step towards a nuclear-free world.  Dave Schuler has more from both sides.

Attorney General Eric Holder might appoint a prosecutor to investigate claims of torture and detainee abuse.  The Washington Post reports that such a prosecutor would only investigate claims against interrogators who went beyond legal authorizations offered by the DoJ.  Scott Horton claims, however, that the decision is not final and that the scope may include individuals who formulated “enhanced interrogation” procedures.  Glenn Greenwald claims that Horton is the only source peddling that line and offers his own thoughts on the proposal.

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