Russ Feingold: Repeated Assertion of State Secrets “Reminiscent of Bush Administration”
Russ Feingold just had a conference call to announce his release of a report card grading Obama’s first 100 days in office. (The report card gives Obama a "some good, some bad, some too early to tell" grade.)
While he applauded the efforts the Obama Administration has made to end torture and to restore a presumption of release under FOIA, there were two areas where Feingold had particular complaints: State Secrets and the disclosure of information to the intelligence committee.
Of State Secrets, he said the Administration’s repeated assertion of State Secrets in litigation was reminiscent of the Bush Administration. He alluded to the cases before Vaughn Walker, and complained that the invocation of State Secrets would prevent Americans from finding out what really went on with the warrantless wiretap program.
His second major complaint, while less specific (for obvious reasons), was more revealing. He said there was not yet enough disclosure to members and staffers on the intelligence committees. While he said the Obama Administration is clearly more open than the Bush Administration, he suggested the intelligence community was still "stonewalling and roadblocking" information to the committees. He did note, however, that he can’t assess whether the Obama Administration is using the Gang of Eight process properly as he’s not part of the Gang of Eight. He did argue, though, that there are few things that shouldn’t be briefed to the entire intelligence committees. It seems that’s not currently happening.
In a related point, he said the Administration has an opportunity–one it hasn’t taken yet–to fix overclassification problems. He suggested the Administration could–but hadn’t–return to policies practice on classification under the Clinton Administration.
A Milwaukee reporter–who seemed to reflect a divided local response on the release of the torture memos–asked about what he thought of the release. Feingold said the Administration got "real [high?] marks for having the courage to release these memos." He specified, however, that the Administration still should release the 2006 and 2007 memos on torture that we haven’t yet seen.
It sounds like those memos may be just as appalling as what we’ve seen so far.
He also made clear that the memos authorizing the warrantless wiretap program have not been released and remain in effect. I guess we shouldn’t be surprised, then, that the NSA continues to follow the same domestic wiretapping practices it did under the Bush Administration.
The Obama administration has zero excuses for not briefing the full Intel committees. It takes no time to prepare, it’s not complicated; JUST OBEY THE LAW, damn it!
The intel oversight is feeble enough as it is; actively perpetuating the Bush-Cheney drive to weaken it further is evidence of bad faith.
Feingold has rapidly become my favorite congresscritter. I’m thinking he’s working for the top spot on Obama’s enemy list.
Boxturtle (Does Russ dress up as Jimney Cricket for Halloween?)
>> Boxturtle (Does Russ dress up as Jimney Cricket for Halloween?)
Yes, he does, but since Vitter is often at the same parties, let’s not talk about this, OK? We can’t afford to lose him.
I’m not sure what this even means. They are on the same side!
… but if they obey the law and start the complete briefings now they’ll have to do all that tedious explaining about various things they hadn’t briefed the committees completely on in the past.
… better to simply do the minimal briefings… less questions that way…
Specter To Switch Parties
Was just going to post that. I’ll bet Harry is happy as can be. More “middle of the roaders” for him. Yuck.
YEE HAW!!!
I want to see if he drops his opposition to Dawn Johnsen before I get excited…
Apparently he hasn’t switched his position on EFCA. Dumb.
already stated in his presser he is still against her nomination
We are all Scottish haggis now.
Holy crap! EW, check your cookbook… Can Haggis be made from Blue Dogs?
Huh. Now that I think of it, can Jane put Haggis at the tippy top of her list of Dems to get a primary challenger? That might focus Haggis’ attention on core values that Dem voters hold (even if the Dem leadership doesn’t).
From the article you link to.
And probably all anyone needs to know.
Maybe we need to see the new photos to put the next round of memos in perspective?
Somewhere in the past few months I had read G4, or G8, soon was to include the right of those principals to bring to the secret briefing as well their private employees who are experts in the topic of the session.
Prof Kelley had an interesting article recently on Specter’s acrobatics in re signing statements, though, reading Scalia’s dissent in Hamdan I think Kelley is too understated about the sub rosa Federalist impetus toward monarchical regression to the conscious detriment of congress.
That sound you hear is Marcy furiously typing away on a Scottish Haggis post.
in the meantime, I think this would be great time to review how she came to give him that nickname. My mind is a little hazy on this one…
Yup.
But c’mon, you guys. Haggis is wonderful with a nice mango chutney.
Ah, cast your mind back to the days of yore in the land of The Next Hurrah… (May 20, 2007)
Once again, it comes up in the first sentence:
Re-reading that post though, she fails to explain why she picked Scottish Haggis. The relevant comments from the thread are as follows:
…
Note, once again we find our fearless leader is prescient in her frustration with Haggis’ “increasing cowardice”. Ummm, yeah, like changing your party affiliation in a desperate attempt to win an election. One might think changing his votes would be more important ; )
link @15 there.
Reagan prosecuted Texas Sheriff for waterboarding
http://www.antemedius.com/cont…..risoners-0
in re Jewel Case M:06-cv-01791-VRW, Document 600, Filed 04/17/2009, is an order by V.Walker which seems to restore a new CIPA sort of process with a May 8 response date; it appears to require both parties to have a conference to find what evidentiary rules are mutually agreeable, plus having to produce a list of specific items upon which there remains disagreement. For some reason, the document is not apparent on EFF’s Jewel page, and I have lost record of where the document is on the web. The companion document is the standard stateSecrets material from DoJ, there.
I swear Feingold is one of only a handful who seem to have any integrity.
I’m glad he made the point about the Intel stonewalling, esp in light of Feinstein trying to make it seem like they have already gotten everything they need for at least two detainee cases.
One of the biggest and most revealing issues re: Obama is looking at who he brings into his fold and who he excludes. He early on made his commitment to people like Brennan (tipping him on CIA issues) and Summers/Geithner (tipping him on Wall Street issues) What you don’t see is him reaching out to any of the whistleblowers and leaders on issues that helped put him in office. They were fine for their purpose of getting people angry over the “Bush policies” and ready to vote dem, but the only area where he has really embraced any of the issues and groups that pushed for getting rid of the Republicans has been on voting rights.
For the rest, he’s ready to defend John Yoo while going for Tamm’s jugular; he’s ready to defend unconstitutional power grabs and attack rights to presence of counsel and filthy domestic spying programs and amnesty for anyone who is willing to bow to his office and imperial and do whatever a President says, no matter how awful. Harras a GITMO defendant’s lawer with efforts to send him to prison, all bc the lawyer sent Obama an embarassing letter – sure, no problem. Those things he’ll embrace by action, while still spewing Bushian rhetoric (he’s the conservative compassionate) on following the rule of law while just blatantly not doing it and assuming no one “important” will notice.
But the people whose stories and actions paved the road for him to end up where he is and who fought for this country and our Constitution – he doesn’t really give a rats ass about them. It’s hard to work up the right imperial air, and finger steeple impressively, over the pettiness of dragging a GITMO lawyer to court for sending a letter that complies with your own censorship standards. It’s easier to talk inanities on the economy than to bring people like Stiglitz and Krugman on board. It’s easier to cuddle up with Geithner than to address Warren.
It’s unsurprising that Obama has made becoming a Democrat appealing to Spectre; it’s more surprising that people like Leahy and Feingold and Nadler can stay in it than to see Spectre set up housekeeping.
It’s disappointing as hell. I understand and expected political caution – it’s in his DNA. But what we’ve seen goes beyond that…
Obama has interest in advancing the nominations of Dean Koh, and professor Johnsen
I realize that Spectre’s change of parties, which FWIW strikes me as monumental, will probably be roundly criticized around here.
But wow, it’s hard not to wonder whether he’s just fed up with the intransigence and looniness of the Republicans.
The TPM header says that Biden was ‘deeply moved’, and no matter what one thinks of Biden I’d sure like to know more about that conversation.
People will impute this to ‘politics’ and desperation, but I actually don’t so much. Having been incredibly frustrated with parties as a means to get anything done — at least, until Howard Dean came along with some spine and principles — it is quite plausible to me that having come through cancer treatments, been lied to, screwed, and treated like shit by the BushCheney cabal, and now having to spend his time caucusing with the likes of McConnell, the simplistic, jingoistic Inhofe, Shelby, and the rest of that group of lightweights in the Plantation Caucus, Spectre’s perhaps had a few ‘meaning of life’ ephiphanies, realized he can’t face one more offensive global-warming denying screed from Inhofe, and just threw in his towel on the GOP.
Anyone want to place bets on how long it could take Grassely to follow him?
I’m probably wrong on all this, but I do think that my point is plausible.
This will all probably be reported as ‘political gaming’ by Spectre, but that’s got to be far too simplistic and superficial. I wish he’d shifted four years ago, and maybe his upcoming election threat put him over the edge.
But it’s still been my observation that once people confront their own mortality and have to fight for their lives, their tolerance for bullshit, lies, wasted time, and stupidity tends to diminish considerably.
Chickens come home to roost in the very oddest, most circular routes…
Maybe he figured the Republicans are so down right nasty…
Amazing reaction from Repubs, many ad hominem…
One problem with the Specter switch: who will be the new ranker on his committee? I doubt he or she will work as well with Leahy (if you consider what Leahy has been doing between puffs of hot air to be “work”).
kos and kagro x are covering that on the front page of Big Orange
One more thing to thank Sarah Palin, John McCain’s craptastic campaign staff, Randy Scheunemann, and the neocons for — maybe Arlen just couldn’t face the thought of having Palin come to PA on his behalf… ;-))
I agree with your points Readeroftealeaves…but it seems like it could be too late for him. It does “seem”, “feel” like he has been struggling with his conscience about some of the behaviors of the republicans. And without a doubt, it legitimizes the dems. It might not save his job, but it does say to the world “something is really wrong in the republican party” even if that’s only the subtext of “I want to win so bad I would do anything”. (and I can’t do it as a republican) still comes out loud and clear.
It will be interesting, that is for sure.
Not OT – Breaking via the AP:
WOO HOO!!!!
Thanks for the news MadDog!
Via TPMMuckraker who got it via the blog Legal Pad, here’s the decision.
It’s worth noting this comes out of the 9th Circuit. Good thing Bybee wasn’t one of the 3, eh?
Back to Poland, actually:
‘New’ evidence of secret CIA detention site in Poland reported by Raw Story 2 years ago…
http://rawstory.com/blog/2009/…..years-ago/
http://tinyurl.com/da2otd
Just yesterday I was hearing on NPR that Boeing was predicting it was going to need US Government bailout money.
Could just be a coincidence. Or maybe not?
Thanks for your update to this MadDog. And a hearty hell yes finally. Boeing was a blessing then a curse.
With Specter out, Toomey a lock. What will happen in the Dem primary. People like Scwartz, Sestak, and Murphy are rumored to be in the hunt. HMMM
I imagine that part of the deal for him to switch is that he won’t get any real opposition in the primary (from a party infrastructure perspective), and that he WILL get Biden or someone like that to campaign for him.
What I’d like to know is what they got in return.
Most of the Dems I know can’t stand the guy here in PA. I live in Murphy land and between him or Sestak it would be very hard to choose. Specter not so hard.
Specter should have become an Independent. He already is Lieberman like.
Can someone please clear this up for me. I’m confused.
There are two 8/02 Bybee memos, right? One was withdrawn by Jack Goldsmith, the other one is the one that was recently made public, which Goldsmith did not withdraw? Which of the two memos should have mentioned the Reagan-era prosecution of the sheriffs who were convicted of waterboarding their prisoner(s)? Should Goldsmith have withdrawn the second one because it failed to mention that case, and if he should have and didn’t, why didn’t he?
One memo, the earlier released torture memo, generically described what Jay Bybee and John Yoo thought was acceptable pain to inflict on other people and included a special dispensation that if the torture was done bc the President, as CIC, wanted it done, then no criminal statutes really applied. That’s the one that Goldmith withdrew and that was leaked out while Ashcroft was still around.
The other memo was more specific and it was an attempt at what I would call a reliance memo. It set forth, not general descriptions of how much abuse is abuse, but rather took very specific instances of things that were going to be done done (actually had been done, but the memo made a pretense of being forward looking). That memo abandoned the fiction of everything being ok as long as the CIC wanted it and replaced it with other fictions, as to why these acts would not violate existing criminal statutes and Treaties (neatly leaving out the acts they couldn’t excuse around and also misdescribing the ones for which they did nonetheless making shocking justifications).
Goldsmith did not withdraw this ‘reliance’ opinion. Levin did not either. They would have to give you their own inner moral compass reason, but pragmatically I’d say its because that memo at that time was the only thing standing between the CIA torturers and conspirators in the torture program (including their friend Yoo and more importantly the President) and clear crimes.
Both of the August 2002 memos, IMO, should have mentioned the Reagan waterboarding case. That’s not the only reason they should have been withdrawn, but that’s one.
Thanks Mary. Terrific answer, that clears it up.
AND THE KILLIN’ GOEZ ON AND ON AND…
Citizen emptywheel and the Firepup Freedom Fighters:
I for one am glad that you and Sen. Feingold are keepin’ the heat close ta the feet of the White House on the secrecy and domestic spyin’ stuff but I would like to voice a reminder that Obama is ruling from the top of a VERY big mine field. With the entire executive and Justice Dept. civil service embedded with crypto-Nazi Bushbots and the CIA workin’ personel compromised by the Cheney manipulations, Obama’s gotta move cautiously to secure the fealty of those that matter beginnin’ with the CIA (he’s got the FBI). The NSA and the other shadow bureucracies are much more politically sensitive in that solid Democrats in the committees that hold the purse strings must be placed so as to be able to disarm the claymores each has placed around their office complexes.
I am NOT convinced that Obama is ready to step into Cheney’s footprints and God knows Cheney’s goal was to control but not to insulate folks like the NSA and CIA. Cheney’s left both of these forces hangin’ out to dry and their allegiance at the moment is given to the corporate powers that staff and support them.
Let’s keep the pressure on but cut Obama some slack…I for one don’t want him joinin’ the faces of dead president’s on currency anytime soon.
KEEP THE FAITH AND PASS THE AMMUNITION, THE WAR IS ALL OURS!!
Semi-OT-ically — Speaking of EFF and FBI, it seems the FBI has since 2002 been massing an “Investigative Data Warehouse” that’s currently up to over 1 billion files. EFF FOIA’s that and their report is here. Summary news post is here.
Hopes this is not redundant to any recent comments.