The Diplomatic Bridge To Somewhere In The Middle East

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Ten days after the election, I wrote what turned out to be, at the time, a somewhat controversial piece on the meaning of the hints by Obama that Hillary Clinton might be his Secretary of State.

Indeed. But what strikes me is that, if Obama really has made the offer to Clinton, he may have in mind not just the obvious skills (and potential detriments) that Hillary Clinton could bring to the job, but also making a bold play for mid-east peace and specifically the Israeli/Palestinian component of it.

George Bush has never paid more than lip service to honest brokerage of real peace and rapprochement between Israel and the Palestinians. Even the supposedly vaunted "Roadmap" was nothing but rhetorical roadkill on delivery, and his efforts have gone downhill since then. Condi Rice has been useless at best on the issue, and Dick Cheney, well, enough said there.

Now that office has been assumed, both Barack Obama and his agent, Hillary Clinton, have been methodical in their moves affirmatively and diplomatically on the mid-east foreign policy front; however they have been aggressive and far more enlightened than the Bush/Cheney regime. And, let’s be honest, this is not something that could be done precipitously or overnight. I am critical of Obama on several domestic fronts, but as to foreign policy, with the possible exception of Afghanistan, there is some healthy credit due. Here are just a few of the signs.

From the LA Times:

In her trip through the Middle East and Europe last week, Hillary Rodham Clinton was warmly received in most places by audiences who are fascinated by the life of the former first lady — and delighted that George W. Bush resides once more in Texas.

She was applauded vigorously by reporters at a news conference in Egypt, a highly unusual gesture from Arab journalists toward a U.S. official. Officials of the North Atlantic Treaty Organization, some of whom felt shut out by the Bush administration, grilled her in a private meeting on the Obama administration’s intentions, then applauded as well.

Love-fests aside, Clinton moved with a speed few expected on her second voyage as secretary of State. Billed as no more than a modest "listening tour," Clinton’s trip offered the most complete picture yet of how the new administration hopes to overhaul American relations with the world.

Clinton took steps toward possible new relationships with Syria and Iran that could redraw Read more →

Elena Kagan Confirms Her Vacuity and Farce

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Yesterday’s Judiciary Committee consideration of Obama Solicitor General nominee Elena Kagan proved that confirmation hearings are not totally useless. We knew that the selection to be the nation’s lead advocate to the Supreme Court had never in fact appeared before the Supreme Court, had shockingly little experience in front of significant courts of any kind, thought Bush apologist and cover artist Jack Goldsmith was a boffo hire to make at Harvard Law, thought the same of the Constitutionally malleable shill Cass Sunstein, and thinks it is just fine to detain people indefinitely without due process as "enemy combatants".

That is what we knew; yesterday we learned something new about Kagan before the SJC. She was for honest and open answers to Senator’s questions at confirmation hearings before she was against it. This oh so shocking revelation is documented courtesy of the Washington Post:

She once wrote that nominees should answer questions from senators.

And in no uncertain terms, either. Reviewing Stephen Carter’s book "The Confirmation Mess" for the University of Chicago Law Review in 1995, Kagan opined that "when the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce."

She thought that executive branch nominees, "for whom ‘independence’ is no virtue," really deserved to be grilled.

Those statements apparently are no longer operative.
…
Kagan, the dean of the Harvard Law School, told the lawmakers she had endeavored to answer their questions but acknowledged: "I am . . . less convinced than I was in 1995 that substantive discussions of legal issues and views, in the context of nomination hearings, provide the great public benefits I [previously] suggested."

Isn’t that convenient. And a good thing to know about a woman roundly considered to be at the very top of Obama’s list of choices for future appointment to the Supreme Court. Now Kagan ducked and dodged on the ground that, as a nominee to be the Administration’s advocate, her opinions were not germane:

"I do not think it comports with the responsibilities and role of the solicitor general for me to say whether I view particular decisions as wrongly decided or whether I agree with criticisms of those decisions," she repeatedly said.

There is some merit to that position on the surface, but the problem I have is we have no ability whatsoever to gauge Kagan’s ability to dissect and understand difficult Read more →

Dana Jill Simpson and Greg Craig

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I’m not entirely sure what to make of this (written by Dana Jill Simpson’s lawyer to White House Counsel Greg Craig)–besides that this is what you get when you hire an uber-insider like Greg Craig to be your White House Counsel. And that if we can tie Richard Shelby to the Siegelman mess (remember, Jeff Sessions is already in deep), then I’d be okay with that.

I represent Dana Jill Simpson, an attorney in Rainsville, Alabama, who testified before Congress in September 2007, regarding Karl Rove’s involvement in the U.S. Justice Department prosecution of Gov. Don Siegelman.

She is very concerned that you have violated the Rules of Professional Conduct 1.6 , 1.7 and 1.10, while citing 1.9 to decline representation. She is equally concerned about the person or persons to whom you have divulged her confidential information. Your recent efforts on the part of negotiating a settlement between Congress and Karl Rove have been noted, as well as your efforts to delay matters before the D.C. Court of Appeals, regarding Rove and other Bush administration officers claiming executive privilege.

For this reason, she is asking that you step down from your position as White House Counsel, at least in all matters dealing with the Bush administration. Further, she is asking that you furnish her with a list of each and every person with whom you have communicated regarding this matter; that is, Miss Simpson’s affidavit, testimony, knowledge, research and any other matters touching or information furnished by Miss Simpson. In recapping the events linking you and
Miss Simpson:

1.) Upon information and belief, Gov. Don Siegelman or his agent made the direct call to you at your law firm, Williams & Connolly, soliciting your pro bono representation of Ms. Simpson, with regard to her affidavit about Karl Rove’s involvement in Siegelman’s prosecution.

2.) According to Ms. Simpson, you called her up to four times on or about March 16-17, 2007, and you faxed her your resume.

3.) She initially asked, “Before we really start this, do you have any contacts with George Bush, Karl Rove, Don Siegelman or Bob Riley?”

4.) You indicated you did not and said, “Tell me who this is about.”

5.) Your initial conversation with Ms. Simpson lasted about 10 to 15 minutes.

Read more →

Michelle’s Triceps Continue to Disarm Critics

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Jodi Kantor and Lauren Beckham Falcone shriek insecure scolds about Michelle exposing muscles in February.

Boston Herald columnist Lauren Beckham Falcone wrote to Obama, "It’s February. Going sleeveless in subzero temperature is just showing off. All due respect."

But elsewhere, Michelle’s triceps are inspiring women to actually exercise.

Rylan Duggan, a personal trainer who runs Go Sleeveless, a blog that instructs women how to tone up flabby arms and "eliminate bat wings," said that in addition to asking how to get "Madonna arms" or "Kelly Ripa arms," clients are now asking about getting "Obama arms."

"The Obama effect has been that women of all ages have been inspired to take responsibility for their health and their body," said Duggan. "As the first lady of the United States, at 44 years old, and with two young children, Mrs. Obama has shown the world that you are never too busy to take care of yourself and look good doing it too," he said.

Exercise advocates are also fans. "She’s a great role model," said Jessica Matthews, a continuing education coordinator for the American Council on Exercise. "Women shy away from strength training, because they’re afraid of big muscles. She shows nice toned arms and that it’s not going to lead to this myth of a bodybuilder type."

[snip]

But others were amazed, like 25-year-old Jessie Rosen. After seeing Obama at the speech Tuesday, she went to the Adidas store in New York and bought two five-pound dumbbells. "It was her arms being so toned in spite of her life," she said.

"This woman is redecorating White House, trying to raise two children and backseat driving the nation," Rosen said. "She seems to have time to keep her arms toned, so why can’t I?"

I can think of many less productive things for a First Lady to do than encouraging women to do the weight-bearing exercise that will help them avoid osteoporosis.

Next thing you know it, though, she’ll be encouraging her lanky girls to play hoops. I can see Don Imus now joining Kantor and Beckham Falcone in their shrieks.

Obama’s Two “Ifs” on FISA: Heads I Win, Tails You Lose

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Briefs on FISA are coming out in Northern California so fast and furious it’s hard to keep them straight. Just as a reminder there are two main cases:

  • al-Haramain, in which the Bush (and now Obama) Administration has invoked State Secrets to prevent lawyers for the defunct charity al-Haramain from using clear evidence that Bush wiretapped them illegally to prove that Bush wiretapped them illegally
  • Retroactive immunity (Jewel/EFF), in which the Electronic Frontier Foundation is challenging the retroactive immunity statute Congress passed last year on Constitutional grounds

The Obama stance on these two cases is worth looking at in conjunction because the Obama position toward congressionally-passed law is perfectly crafted to gut civil liberties (and Article III authority), all based on Obama’s interpretation of "if."

Astoundingly, both al-Haramain and retroactive immunity are almost certainly headed for the Appeals Court to rule on the meaning of two "if’s" (and one "shall") appearing in FISA-related law.

"If" the Attorney General Wants the President to Avoid Penalty for Illegal Wiretapping

Here’s the language Judge Walker just reviewed in FISA 1806(f) in the al-Haramain case:

Whenever a court or other authority is notified pursuant to subsection (c) or (d) of this section, or whenever a motion is made pursuant to subsection (e) of this section, or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under this chapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority, shall, notwithstanding any other law, if the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the surveillance as may be necessary to determine whether the surveillance of the aggrieved person was lawfully authorized and conducted. In making this determination, the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the surveillance only where such disclosure is necessary to make an accurate determination of the legality of the surveillance. [my emphasis]

The government (under both Bush and Obama) has argued that the "shall" in 1806(f)–requiring the District Court Judge to review in camera and ex parte the materials relating to the surveillance to see if was legal–only kicks in after the "if" tied to the Attorney General in it. That is, the District Court Judge only reviews the underlying materials if the Attorney General files an affidavit saying that an adversary hearing would harm national security.

Judge Walker thinks that’s bullshit. Read more →

Michelle’s Buff Arms

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Forgive me, because I am about to be cattier than I have ever been on my blog.

On the left is a picture of Jodi Kantor wearing short sleeves to a Batsheva Dance Company event (Panache Privee photo).

Below is the picture that accompanies Kantor’s latest blog post, taking Michelle Obama to task for her preference for sleeveless dresses (Doug Mills/NYT photo).

Nancy Reagan wore spangled ballgowns. Barbara Bush had fake pearls. Michelle Obama wears her bare arms.

It is February and Washington is freezing, but in appearance after appearance, the first lady displays her long, muscular arms. She is sleeveless on the cover of the new Vogue, she was sleeveless when she discussed menus on Sunday in the White House kitchen, and last night she was sleeveless again, in the House chamber for her husband’s first address to Congress. (All of the other women in the room seemed to be wearing long sleeves; a few even wore turtlenecks). If she keeps going at this rate, Mrs. Obama may do to dresses with sleeves what President John F. Kennedy did to men’s hats.

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[snip]

So Michelle Obama is athletic and disciplined. Yes, fine, but that was pretty clear before we started examining her triceps on a daily basis. Instead, those bare arms seem like a reminder of everything about her we can’t see.

In two years, she has shown us a great deal of herself, more than most of us would share, and yet right now, we actually don’t know that much about her. What does she think of the White House, and what does she do all day? Does her husband consult her on any of the difficult decisions he faces? Is the “Mom-in-chief” really, totally confident that her children are going to come through this just fine? In a few years, will she still look as confident as she did last night, or will she reach for cover? And is she comfortable as she looks in those skimpy tops, or is she actually freezing?

Now, as someone who has pretty decent arms myself (though not as great as Michelle’s), let me explain something to Ms. Kantor that she is likely unable to relate to: those of us that got ’em proudly flaunt ’em. There’s no need to look for some hidden meaning about that. Read more →

Darrell Issa’s Burning Concern about White House Emails? Not So Hot…

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Last Thursday, Darrell Issa wrote an urgent letter to Greg Craig, expressing concern about reports that White House staffers, in the days after Bush left the White House IT system in perma-crash mode, were temporarily resorting to Gmail.

Dear Mr. Craig:

Last month, several media outlets reported the existence of Gmail accounts issued to incoming members of the White House staff.[1] According to Politico, Deputy Press Secretary Bill Burton was "rocking three BlackBerrys . . . one for his Gmail, one for the transition and one for the White House."[2]

As you know, any e-mail sent or received by White House officials may be subject to retention under the Presidential Records Act (PRA).[3]

[snip]

The challenges posed by retaining e-mail as required under the PRA have proved vexing for the last two White Houses. You may recall the extraordinary problems the Clinton White House had with its e-mail archiving system.[6] Such problems have led to costly expenditures of taxpayer dollars. For example, earlier this month it was disclosed that the Bush White House reportedly spent "more than $10 million to locate 14 million e-mails reported missing."[7] These e-mails were restored after a costly search of approximately 60,000 back-up server tapes.[8]

In order to prevent similar taxpayer-funded e-mail restoration projects, it is incumbent that the new White House implement policies and processes to minimize the risk of losing e-mail subject to the Presidential Records Act. 

I ask that you answer the following questions for the Committee by March 4, 2009. 

One day after Issa sent that urgent letter calling for strict adherence to the Presidential Records Act, the National Security Archive and CREW announced that the Obama Administration would not deviate from Bush’s legal strategy on lost White House emails, which was basically to argue that the Federal Records Act requires only that an agency found to have allowed destruction of Federal Records must initiate efforts to restore those records. Neither a court nor an NGO can force an agency to completely restore records, Bush (and now Obama) argued, they can only order an agency to initiate attempts to restore them.

This administrative scheme is exclusive; a court cannot itself order the recovery or retrieval of records that may have been removed or destroyed, but must instead rely on the detailed processes set forth in the FRA and initiated by the agency heads, Archivist and Attorney General. See Armstrong, 924 F.2d at 294 Read more →

Condi’s Whole Life, in Three Volumes, Worth Slightly More than David Plouffe’s Two-Year Campaign

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As Lisa is reporting, Condi just signed herself a $2.5 million deal for three books on her life and her tenure as Bush’s foreign policy flunky. She will write one book on her time in the Bush Administration, a memoir of her life, and a kids version of the memoir.

That’s great news for Condi, as others in the Bush Administration are having less success getting book deals. Consider Alberto Gonzales, who doesn’t yet have a publisher for his book, which purportedly sets the record straight on his role in the crimes of the Bush Administration. Laura Bush got a book deal–at a quarter of the price that Hillary got for her First Lady story. Karl Rove, who smartly got an early start on the bidding, had to settle for $1.5 million for his book deal; experts had thought he’d get $3 million. And Bush himself has been advised to wait, as the market for anything he has to say looks like the rest of the economy: non-existent and getting worse.

But the market for books is not all bad. Just by way of perspective, consider David Plouffe’s book deal for the story of managing Obama’s historic campaign. Plouffe got $1.5 to $2 million for his advance.

So in case you were wondering, the market now values Plouffe’s role in Obama’s two-year campaign to have the same value as Karl Rove’s entire life work, Laura Bush’s tenure as First Lady, (for the moment at least) George Bush’s two term Administration, and two out of Condi’s three-volume life.

I think the market’s invisible hand just slapped the Bush Administration upside their head.

Veni, Vidi, Vici – Obama’s Foreclosure Reveal In Phoenix

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246349.thumbnail.jpgAs you may know, President Obama came to Phoenix in order to roll out his $75 Billion Plan to Fight Home Foreclosures. This was exciting for me, because Obama spent last night at a resort, Montelucia, about 3/4 of a mile from my house. Lots of excitement; even more jammed up traffic yesterday afternoon and evening. Still, all in all, pretty exciting for an old desert dweller. Our dog, Kiki, is still barking at all the helicopters. Interlaced into this post will be a series of pictures taken by various Phoenicians and submitted to the Arizona Republic for open use on their website. I would have taken proprietary photos for Emptywheel, especially of the shots going down the road right by my house and entering Montelucia, but, alas, I was tied up with conference calls with multiple attorneys, all of whom are every bit as annoying as I am. Trust me on the latter.

246347.thumbnail.jpgFrom the New York Times:

President Obama pledged on Wednesday to help as many as 9 million American homeowners refinance their mortgages or avert foreclosure, an initiative he said would shore up distressed housing prices, stabilize neighborhoods and slow a downward spiral that he said was “unraveling homeownership, the middle class, and the American Dream itself.”

The plan, more ambitious than many housing analysts had expected, was unveiled by Mr. Obama in a high school gymnasium here, in a community that is among the nation’s hardest hit by the foreclosure crisis.246467.thumbnail.jpg

“This plan will not save every home, but it will give millions of families resigned to financial ruin a chance to rebuild,” the president told the crowd. “It will prevent the worst consequences of this crisis from wreaking even greater havoc on the economy. And by bringing down the foreclosure rate, it will help to shore up housing prices for everyone.”

In a nutshell from the LA Times, the plan would:

• Remove restrictions on Fannie Mae and Freddie Mac that prohibit the institutions, both taken over by the government last year, from refinancing mortgages they own or have guaranteed when more is owed on a home than it is worth. The White House says this could reduce monthly payments for up to 5 million homeowners.

246470.thumbnail.jpg• Create incentives for lenders to modify subprime loans at risk of default or foreclosure. For lenders that agree to reduce rates to levels borrowers can afford, the government will make up part of the difference between the old monthly payment and the new payment. Participating lenders also will be required to cut payments to no more than 31 percent of a borrower’s income. Up to 4 million homeowners could benefit.

Read more →

Obama Hates The Truth On Binyan Mohamed

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Graphic by Darkblack

Graphic by Darkblack

The news last week that President Obama had bought into and signed off on the full boat of shameful state secrets assertion in the case of Binyan Mohamed v Jeppesen Dataplan set off a wave of criticism. Obama came to the criticism the old fashioned way, he earned it by breaking his campaign promise and continuing the wretched excess of unitary secrecy. Obama’s about face, and turn to the dark side of Bush/Cheney secrecy shocked even Ninth Circuit Chief Judge Mary Schroeder when confronted with it at the Mohamed v. Jeppesen Dataplan hearing.

That is the part of Obama’s war on Binyam Mohamed through Bush style secrecy that has been widely reported, but there is much more that is not as well known. It ought to be. From this morning’s Guardian:

A policy governing the interrogation of terrorism suspects in Pakistan that led to British citizens and residents being tortured was devised by MI5 lawyers and figures in government, according to evidence heard in court.
…
The existence of an official interrogation policy emerged during cross-examination in the high court in London of an MI5 officer who had questioned one of the detainees, Binyam Mohamed, the British resident currently held in Guantánamo Bay. The officer, who can be identified only as Witness B, admitted that although Mohamed had been in Pakistani custody for five weeks, and he knew the country to have a poor human rights record, he did not ask whether he had been tortured or mistreated, did not inquire why he had lost weight, and did not consider whether his detention without trial was illegal.
…
Mohamed was eventually able to tell lawyers that before being questioned by MI5 he had been hung from leather straps, beaten and threatened with a firearm by Pakistani intelligence officers. After the meeting with MI5 he was "rendered" to Morocco where he endured 18 months of even more brutal torture, including having his genitals slashed with a scalpel. Some of the questions put to him under torture in Morocco were based on information passed by MI5 to the US.

The Guardian has learned from other sources that the interrogation policy was directed at a high level within Whitehall and that it has been further developed since Mohamed’s detention in Pakistan. Evidence of this might emerge from 42 undisclosed US documents seen by the high court and sent to the MPs and peers on the intelligence and security Read more →