Links, 8/2/11
Justice and Injustice
Amanda Terkel describes how the state-level budget cuts are putting courts and justice out of the reach of Americans.
Dahlia Lithwick transcribes highlights of the remarkable panel she moderated over the weekend.
The Whistleblower–the trailer for which is above–opens on Friday. Nick Schwellenbach provides background on the story it tells–how DOD Contractor Dyncorp was involved in human trafficking–here.
The other day I noted that former Director of ISOO, Bill Leonard, wanted to file a complaint against those in NSA who improperly classified one of the documents charged in the Thomas Drake case. about which he said, “I’ve never seen a more deliberate and willful example of government officials improperly classifying a document.” Leonard received permission and has now submitted that complaint. In related news, Thomas Drake and Jesselyn Raddack have an op-ed on the Obama Administration’s war on whistleblowers.
Surveillance Nation
The Obama Administration says the guidelines it uses to decide what–in addition to a Muslim’s faith–gets them targeted for FBI infiltration is a state secret. That’s an excellent way to protect the First Amendment, don’t you think?
Not only did Bill Nelson join Republicans in blocking more reporting on FISA, but the entire Intelligence Committee took a voice vote to reject Mark Udall and Ron Wyden’s attempt to make James Clapper tell us they are using our phones to track us.
Josh Gerstein reported last week that TSA was going to roll out Israeli-style behavioral screening at airports. It looks like they’re rolling it out at Boston. The idea in principle might be great (it sure beats stripping granny of her adult diaper); but no one is going to pay TSA workers enough to do this competently, I’m betting. Meanwhile, scanner machines introduced for airport security in Australia are set off by sweaty armpits.
The US had to relax its guidance on al-Shabaab so that humanitarian groups could work with the terrorist organization to get relief to famine victims. They really ought to just rewrite the law to get rid of the stupid Holder v. Humanitarian Law interpretation.
Jeff Kaye has a story cataloging the range of uses of water in torture by DOD. Some of these pretty clearly fall into descriptions of water dousing (which DOD wasn’t authorized to use, either; the others are clearly attempts to simulate drowning, like waterboarding). But I think that shows that the ways the government was stretching whatever guidance it had.
The Thomas Drake issue had me thinking about an article from some years back about Jack Abramoff and his ties to IT companies who got enormous contracts from the NSA.I have always wondered if some of these deals were related to Drake’s complaint of excessive spending..may be or maybe not.
I could not recall where or by whom the piece was written.
Serendipity stepped in,and by sheer kismet,I found it in an ew thread from back in 2009 about Russeel Tice.To wit:
Abramoff’s NSA and Domestic Spying Scandal by leveymgWed Jan 25, 2006 at 10:25:59 AM PDT
The National Security Scandals of Jack Abramoff – Part II(Pt. 1, http://www.dailykos.com/story/2006/1/24/121156/129
While Jack Abramoff’s scandalous rip-off of Indian tribes is well know, his role as a GOP fixer for NSA and CIA contractors has gone virtually under the radar screen. Abramoff’s lobbying activities raise serious questions about the role of his corporate and foreign clients in compromising highly sensitive NSA and Capitol Hill communications networks, in domestic spying and in other illegal national security-related activities.
leveymg’s diary : Abramoff served as a conduit between the NSA and private companies that have become the focus of multiple criminal prosecutions and national security investigations, including the abuse of prisoners abroad, and alledged spying on Capitol Hill lawmakers by Abramoff clients. This has resulted in the gravest constitutional crisis since Watergate, as well as a massive damage to U.S. national security.
The 2001 Contract to Privatize NSA’s Surveillance Systems In 2001 Verizon, along with CACI (a defense contractor shepherded by Abramoff that heavily contributed to the GOP), was awarded part of a multi-billion dollar NSA contract to privatize the NSA’s information technology systems, capabilities that were then used by the Bush Administration to carry out illegal domestic spying. As part of that ten-year program, code-named Project Groundbreaker, NSA surveillance systems continue to be developed, operated and maintained by private sector IT companies. See, http://lists.jammed.com/…Washington PostAugust 1, 2001Pg.
Re Amanda Terkel’s piece . . .
Iowa State Supreme Court Justice Mark Cady gave a “State of the Judiciary” speech to the Iowa legislature in January, and “access to justice” and repeated budget cuts, layoffs, and overall downsizing of the judiciary was the subject of the first third of the speech.
The first reason he offered the legislators for boosting funding is that while the budgets over the last decade have slashed the judiciary’s workforce back to 1987 levels, the workload of the courts has doubled, growing especially fast during the last three years.
Dealing with civil commitments — a particularly labor-intensive and time-sensitive process — is the second reason he offers for better funding to increase staffing.
The third reason, though, is one that gets little attention. Indeed, I haven’t heard anyone but Cady ever raise it in a public and political setting:
The whole speech was quite something.
A “security” alarm activated by sweaty armpits in Australia? Hahahahaha. Next to Vegas in summer, it’s the sunniest, hottest place to be this side of Death Valley or the Middle East.
I wonder how much American taxpayers are paying for similar software and “analysis” programs and the video, spectrum and other analyzers needed to “perceive” the data to be analyzed by it? Whose budgets? Which outsourced contracts and “servicers”? And what collateral commercial uses are being subsidized by them?
@Peterr:
It’s all about business, not social justice, jobs, public services or individual privacy rights needed for the survival of civil society.
Lithwick’s summary of the transcript of the panel she moderated is heavy with ironic statements from the participants. John Yoo, for example, describes the president as has having a “box” of powers. S/he determines how close to the edge of that box s/he wants to go. Yoo’s job was, and that of his successors at OLC is, to define how big that box s and what’s inside it.
Mr. Yoo fails, however, to mention that his definition of that box, like his successors, is that it has whatever dimensions and contents the president demands. Mr. Yoo is a farce waiting to happen, a trait that Mr. Obama has enshrined in his DoJ successors.
Correction: The box analogy is offered by Gonzales’ description of Mr. Yoo’s job. Mr. Yoo, in turn, has this fantasy, which is what must help hiim shave himself and sleep at night, because his answer to the last question is no:
“”I don’t think the biggest threat to American security is a claim that there is some kind of lawlessness or broad unconstitutionality going on here. … The ACLU has blurred the rules of war and made it seem like the rules of war are seeping into the domestic system, that a separate body of ways to act against an enemy are being transplanted into the American political, domestic system. … I don’t think that there has been any huge disorder or disruption or pulling back on civil liberties for Americans in the United States. … Ask yourselves, have civil liberties really declined in any significant way in the country? ”
Mr. Yoo must imagine that there has been no decline in civil liberties in America since 9/11 only because he doesn’t believe there are any such rights that the executive cannot mold, uphold or withdraw at his whim.
D. Lithwick, Esq.’s, excerpts afford interesting vignettes; however, I think a full transcript would be more contextual. I suspect the column is taking a constrained view of what its content needs to be. Slate often tends to encourage its writers toward the editorial, and, in my recollection, prescinds from a Washington-Post sort of full reportage, as when WaPo obtains a previously suppressed document, or, evidently, in instances in which WaPo actually simply turns to Congressional Quarterly for content, as CQ often provides its own transcriptions.
I had wondered how Dahlia Lithwick would fare in the chair as moderator at what certainly was going to be a rather dispute laden colloquy. DL clasically does very well when there is latitude for her exquisite appreciation of humor.
The non-Slate image I recall of Mr. Yoo at the Aspen event appeared much more stark, than the photo Slate has appended to the Lithwick article. Slate would have the reader envision Yoo as cool, ice-watered, at a white cloth sheathed conference table, isolated, thoughtful.
I also had initial concern about how Mr. Romero would fare at the give and take of the conversation; I had known his work only during a few years in which his comments appeared prominently at the aclU website; where, often, he would appear brazen; not quite rash; but willing to speak colorfully, as a barrister might find to be a natural tone of presentation; and illustratively incisive.
I think what Lithwick has produced is a well shaped contour of her own concerns regarding a cluster of still-live governance questions.
But I think her article’s title, ‘The discussion we should have had…’, only describes a sort of stolidity which still permeates the public dialogs on what occurred during the time Mr. Gonzales was elaborating the sandbox, and Mr. Yoo was a librarian, of sorts.
Journalistically, I believe the caption [“You Say Torture, I Say Coercive Interrogation”] which precedes the article’s boldface title, likely is more of Dahlia’s own words than the article’s title proper [“The conversation about torture we should have had 10 years ago.”] The former, to my dramaturgic muse’s ears sounds much like a songtitle from the upbeat, zippy, early years of the Beatles, an epoch whose tunes I enjoy much still; expressive of the optimism of British youth of the time; though, in a sense, still Liverpudlian drear: “You say Goodbye, I say Hello”; or some such. It took rubberSoul to transition beyond the kind of juvenility of which the fab4 were complaining in that lyric. Though I would expect that even the Beatles rarely would go back to listen to that antediluvian verse writing for its content very much.
I suppose Beatles and Lithwick, both, continue to offer promise in passing beyond these sorts of absolutes; or, at least, that is my acoustic impression of what Dahlia is attempting to do in the article; and, for which I commend her nearly invisible editorializing, and Slate’s discrete abstention from muddying her message, beyond the obvious gaps in content. The piece also noticeably is structured in a way that link glosses have very few likely places to rest. It simply is a little more full reporting, from a reporter who cares. If this works, there is the single-page version of Lithwick’s post; it’s only about 1000 words of excerpted fragmented interchange.
@earlofhuntingdon: Wa’n’t it Yoo who came up with the opinion that Abu Zubaydah (and KSM’s kids?) could be put into a box? Maybe with a bug?
Further on the Lithwick summary, Mr. Yoo claims that the “criminal justice paradigm” is what failed on 9/11, not routine security measures and the errors, mistakes and negligence in routine policing and security work. His “analysis”, his political preference, really, has thankfully not been followed in Europe. Despite also cutting back on civil liberties, European democracies have not chosen to discard democracy in favor of imperial rule.
Per Mr. Yoo, instead of fixing routine mistakes – meaning instead of accepting political accountability for what happened on CheneyBush’s watch – the Bush (and now the Obama) administration chose to replace the “criminal justice paradigm” with the security state paradigm.
Yoo excuses our imperial transformation by characterizing government actions after 9/11 as simply filling the security gap left by the “failed” criminal justice paradigm. To achieve that, he has had to substitute his own constitutional paradigm that displaces the law with political security. That requires an emperor/president who determines what “the law” is as he pleases. He just wears Armani instead of a toga and breastplate. Plus ca change and all that.
Amanda Terkel’s report is a must read. State budget cuts are dramatically lowering court access to civil and criminal cases alike. Reports by others that that is bad for business seem misplaced or propagandistic. Delaying justice always works in favor of those who hold the power and money: the government that deprives you of your civil rights; the insurer who holds onto your settlement money longer; the employment, age, sex, employment discrimination cases that takes years instead of months to adjudicate. The environmental, anti-trust and predatory business practices suits that are never heard give businesses no incentive to settle, to internalize costs, to act in a less predatory or fairer way with customers, competitors, suppliers and the government.
Justice delayed is not simply justice denied. It is that. It is also a way to entrench existing power holders, to further enrich them and immunize them. It is a cycle, but it is not virtuous. It fits the disaster capitalist game plan to a T.
Thanks so much, Marcy, for linking to my story. I also have posted some of my own thoughts about what the TO story means at The Dissenter. I’ll let a quote from that speak here:
When war criminals are honored in America this way, as “very serious people” worthy of input and emulation, we lose the moral high ground, plus every one of the soldiers are now at risk for torture (for which we have prosecuted our enemies in the past) if captured. WE said it wasn’t torture even though it is.
An additional link that might be worth adding to EW’s excellent collection today via Sebastian Abbot, Kathy Gannon and Kimberly Dozier of the AP:
Another link that might e worth adding to EW’s excellent collection is from a piece by Nicholas Schmidle in the New Yorker:
GETTING BIN LADEN – What happened that night in Abbottabad.
It is an extensive article well worth the read, but I’ll just include this little tidbit:
@Jeff Kaye: Mighty fine work Jeff!
Don’t have a dog in this hunt but …
g+ pwns facebook and twitter
http://www.geeksaresexy.net/wp-content/uploads/2011/07/growth.png
Though I disagree with some of TIME’s Massimo Calabresi’s analysis of Dahlia Lithwick ‘s Slate piece, I did find this tidbit interesting:
Confirmation of what you’ve always thought
http://www.pcworld.com/article/236944/internet_explorer_users_are_kinda_stupid_study_suggests.html
Thanks, MadDog @15.
I agree the Lithwick piece looks very interesting, but being a work today, I’m not going to be able to read it until late tonight. Thanks, EW for the link.
@MadDog: @MadDog Actually there’s something funky about that.
Only one person who was waterboarded is thought to have known al-Kuwaiti, at least according to the story: KSM.
Al-Nashiri and Abu Zubaydah are not reported to have.
Then there’s Abu Furaj al-Libi, who is not supposed to have been waterboarded (I think, though am not positive, that he was waterdoused and threatened to be waterboarded).
Unless someone like Ibn Sheikh al-Libi gave up the name under waterboarding.
The LA Times on Wyden’s anti-surveillance maneuver.
The Times hasn’t been reading your posts on the wiretapping: they missed all the wonderful nuggets that would have woken people up.
@emptywheel: I too found the 2 folks waterboarded to be “strange”.
It didn’t jibe with public info on the number and the names of folks waterboarded.
Perhaps it was Calabresi’s or his source’s error, or perhaps its Jeff’s “water-drowning”.
I see pain getting distributed all around – and nobody’s happy.
Normally, that’s a sign of damn good leadership in hard times.
Imvho, we need to hold open the possibility that Obama is trying the best he can to do the ‘right’ thing here – and be prepared to throw-in with him when our interests intersect.
He’s not the President we wanted, but he’ll be the last one of the carcass formerly called America, if everyone eschews skillful and principled relations with him to instead stand on the extremes of their own partisan points of view.
He needs us, and we need him – but only in wholesome, balanced ‘right’ ways.
For now, we may only have enough common ground and trust to get a rope-bridge up between us, but even that’s strong enough to transport Hope, and worthy of open invites to parley.
There’s a ‘right’ way out of this clusterfuck for everyone through shared sacrifice, if we can all just agree to be principled more than partisan in our deliberations and decision-making.
And then maybe just maybe that rope-bridge will turn into a highway that gets everyone moving Our America forward again.
It could happen…but only if we’re courageous enough to offer the possibility, even while we’re hurting.
@MadDog: Just wanted to give myself an atta-boy high-five for having correctly debunked at EW’s old place the ABC News story that had a single Blackhawk helicopter taking all folks away from OBL’s compound (30 plus a bow-wow – 23 Seals, 6 Air Force crew, 1 dog, and OBL’s body).
As Nicholas Schmidle in the New Yorker reports:
As I said in my original EW comment, there was no way that you could fit all those folks (30 people and a dog) into a single remaining Blackhawk helicopter.
So there ABC News! You’ve been shot down by none other than MadDog and Nicholas Schmidle. And MadDog did it first! *g*
@emptywheel: IMO, they’ve lied so much, and destroyed so much evidence, that you can’t believe what you hear, or even read in any particular document. Makes it harder for us, of course.
@earlofhuntingdon: I know, I know, I know, pick me on the “what’s inside of it”
A: A buried alive al-Libi, giving the President the false torture statements he wants for his war in Iraq!
Right?
Thanks for including the al-Shabaabbit and also for the reference to the Holder/Kagan Doctrine on flogging and starving the poor and the crippled rather than letting any aid go through the hands of “terruhists”
I’m sure while he’s spooning the soup in to the bowls the glow of inner satisfaction from his Doctrine helps holder forget all about the dead children in Somalia.
Court freezes proceeds of Hicks book
“The NSW [Australia] Supreme Court has frozen assets relating to the sale of a revealing book by former Guantanamo Bay detainee David Hicks as Commonwealth prosecutors attempt to seize all proceeds from the sale of the book.”
Congrats, MadDog
@MadDog:
“a medic stepped out and knelt over the corpse. He injected a needle into bin Laden’s body and extracted two bone-marrow samples.”
FYI: This phrase “injected a needle” gives the wrong impression of a simple, quick test like drawing blood from a needle inserted into a vein.
Unless the army has special tools to extract bone marrow quickly, obtaining a bone marrow sample (from the iliac crest) usually is more akin to turning a cork screw against high resistance in order to get past the bone and into the marrow cavity.
Sorry, MadDog, I know you didn’t write that part. I didn’t format my reply correctly.
Glad to see the reply buttons and other new additions to comments.
ew wrote: “Leonard received permission and has now submitted that complaint.”
This is great news. Can Thomas Drake use this development to reclaim his government pension maybe?
@pdaly: No problemo!
Yeah, I kind of wondered how one was supposed to get bone marrow with a needle.
Late, but…
In 2006, The Constitution Project wrote this Report:
The Cost of Justice: Budgetary Threats to America’s Courts [pdf].
Here’s a link to the press release.
@MadDog:
That reminded me of this cartoon, MadDog…or, I should say, GreatDog!
Something new from Dawn Johnsen
The simple case for the Affordable Care Act’s constitutionality; Scotus Blog; 8/3/11
http://tinyurl.com/3mkhj8s
in reply to MadDog@32
I thought about it this morning: there is an interosseous route to infusing fluids (instead of intravenous route) when quick access is needed in an emergency. One gains access quickly with a drill–usually in the leg bone just below the knee cap. Youtube has videos showing how to place an IO access.
And here’s an interosseous drill made for the military
http://www.vidacare.com/Federal-Military/Levels-of-Care-Solutions.aspx
I suppose the bore can be/has been designed large enough to allow bone marrow sampling, too.
sorry, that’s “intraosseous”, not interosseous
Now I’m willing to bet that the Vidacare “On Control” bone marrow biopsy drill system was used on Bin Laden. It became commercially available in 2010
http://www.vidacare.com/OnControl/Bone-Marrow.aspx
And it looks like former Vidacare President and CEO Philip Faris of Texas was banking on a President John (Bomb Bomb Bomb Bomb Bomb Iran) McCain in 2008:
http://www.newsmeat.com/fec/bystate_detail.php?city=SAN+ANTONIO&st=TX&last=FARIS&first=PHILIP