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Targeted Killings: When John Cornyn Makes Better Sense than Democrats …

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Things got a little crazy when the Senate Judiciary Committee FISA Amendment Markup turned to targeted killing.

John Cornyn used the opportunity of this must-pass intelligence bill to propose an amendment to require the Administration to share its authorization for targeting killing. Cornyn rather modestly said that “I think all of troubled w/o further explanation” for the authority. [All quotes in this post are my inexact transcription] Chuck Grassley went further, saying something to the effect of “We [the Administration] has got a license to kill, and we don’t know about that license and we won’t get it until we legislate it.”

But Democrats prevented Cornyn and Grassley from attaching legislation mandating the Administration share the authorization with Congress.

Now, Cornyn claimed (incorrectly, given his inaction on Bush’s torture and wiretapping) that he wasn’t pushing for legislation on this just because the President is a Democrat; he would have done so if the President were a Republican too. To which Dick Durbin reminded him of all the times he refused to back legislation requiring oversight and transparency under Bush.

Which was Dick Durbin’s opportunity to call for writing a letter on this issue rather than legislating. Pat Leahy suggested he could just use his letter, which was already sent and ignored. Then Grassley reminded he has sent a letter on this subject too, and been ignored.

It was a bunch of Senators recounting the number of letters demanding oversight into the President’s unchecked authority to kill, including American citizens, only to be blown off. America, fuck yeah!

Again, John Cornyn came off sounding like the adult. “We’re not mere supplicants of the Executive Branch. It is insufficient to say, “Pretty please, Mr President, please tell us about the legal authorization.”

Nevertheless, that didn’t prevent Dianne Feinstein from promising that the Senate Intelligence Committee would include language about this in their authorization, and insisting that they let SSCI, not SJC, impose requirements. She suggested (though did not make explicit) that such a requirement belongs in SSCI because targeted killing is a covert program. Which is how the entire effort got tabled, leaving everyone to write more letters.

Cornyn had one more measure, requiring the President provide notice to the Gang of Eight. Dianne Feinstein, as she has repeatedly, assured her colleagues that she and Saxby Chambliss provide all the oversight on this front that is needed. To which Cornyn asked, “Is notice of targeted killing given before or after killing?” DiFi responded, “Sometimes before, sometimes during, sometimes just after.” Cornyn replied, “I don’t think Congress should delegate all authority to one or two members. Make sure not just you, but bicameral gang of eight.”

Curiously, DiFI had no response to that, leaving the impression that the Obama Administration, even on the matter of targeted killing of US citizens, has continued the Bush Administration violation of the National Security Act by briefing just the Gang of Four, not the Gang of Eight (which would add Harry Reid, Nancy Pelosi, John Boehner, and Mitch McConnell to the Intelligence Committee heads being briefed).

But again, Democrats voted to table that amendment on a party line vote.

This is a problem. Not only is it taking legislation to even get the Senate Intelligence Committee adequately briefed on this topic, but Democrats are using partisan obstruction to prevent the Judiciary Committee from learning enough to assess for themselves whether the targeted killing of a US citizen violates the Constitution.

“You can play that game when it doesn’t matter.”

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Apparently (according to Senator Johnny Isakson), all the posturing the Republicans have done to rip up the safety net and push families into bankruptcy over the last 8 years didn’t really matter. In the last two weeks–since Isakson returned home to Georgia and realized such policies have real consequences for real constituents–they matter.

"Unless every member of the Senate was in a cave over the two-week recess, it’s pretty obvious that gas prices and housing crisis are the two most important issues to the American public," said Sen. Johnny Isakson (R-Ga.), a former real estate broker who was among those urging Republican leaders to stop blocking the legislation. "You can play that game when it doesn’t matter. But people’s lives, their fortunes, their largest single asset is at stake."

Though I suppose I shouldn’t be churlish with Isakson’s recent epiphany, since he is pushing the Republican caucus to actually negotiate with the Democrats.

That said, here’s how the proposed compromise would divvy up money, per the WaPo:

$300 billion guarantee: Allow the FHA to insure refinanced mortgages for homeowners who had become upside-down on their previous mortgages; lenders would have to forgive the previous loan and accept a loan that is no more than 85% of the value of the previous loan (BushCo wants to accomplish this through administrative means, but Republicans are coming around to this Dodd-Frank proposal)

$30 billion: Reimburse the Fed for any losses relating to its Bear Stearns bailout

$14.5 billion: Give people who buy a newly built home, home in foreclosure, or a home whose owner has defaulted on a mortgage in the next year a $5,000 tax credit for the next three years (this is Isakson’s proposal; and in case you’re wondering, yes, Isakson was a realtor before he became a full time politician)

$10 billion: Finance tax-exempt bonds that could be used to finance distressed subprime mortgages

$4 billion: Allow communities to buy and redevelop properties in foreclosure, thereby preventing entire neighborhoods from declining (The White House says this $4 billion–about the cost of paying for two weeks of the wars in Iraq and Afghanistan–is too expensive)

$200 million: Finance additional counselors to help those at risk for foreclosure

No cost: Require lenders to tell borrowers what the highest possible rate for ARMs would be

No cost: Permit bankruptcy judges to change interest rates on mortgages of those in bankruptcy proceedings (this measure is opposed by Republicans)

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SJC Mukasey Hearing, Part Three

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Leahy: Updates people in the stimulus package, and 15-day extension. So that’s why not everyone is here right now.

"Box Turtle" Cornyn: Office of Government Information Services, FOIA reform. Concerns about moving that office to DOJ, or somewhere else. I wanted to let you know I have reservations. My opinion is that the legislation forecloses moving the office.

"Box Turtle": FISA reform. 15-day extension is kicking the can down the road. Let me just talk about this in human terms. Talked to the father of soldiers who had been kidnapped by Al Qaeda. And his father says if we had an easy FISA law, his son might be alive. Do you think we need to make it easier for people to go through FISA?

[Shorter Box Turtle: I’m going to pretend, once again, that FISA forced a delay of wiretapping, when in fact it was just DOJ disorganization.]

MM: You put a human face on the problem we’re trying to prevent from recurring. We want to lower the burden on the govt in all its presentations to FISA just to make sure that what gets approved are procedures. I hope that DOJ acted with all the speed it could act.

[Interesting dodge by Mukasey, not agreeing that DOJ moved as fast as it could.]

"Box Turtle": I’m okay with a relative basis for torture.

MM: There are clearly circumstances where waterboarding is illegal. I’m not going to get into an abstract discussion of when it’d be legal. Nor am I going to call into question what people do or have done, when it’s not necessary to do so.

Whitehouse: In your analytical stance in your letter, you have assumed the role of a corporate counsel to the Executive Branch. You have taken steps to make sure nothing illegal has happened, but you are unwilling to look back and dredge up anything that may be a problem. That’s not a proper stance, you are also a prosecutor, Prosecutors do look back, dredge up the past, in order to do justice. It’s the mission statement of the DOJ to seek just punishment of those guilty of illegal behavior. Duty of USG, whose interest is that justice shall be done. The president has said we will investigate all acts of torture, you have said if someone is guilty of violating the law. [Cites code on torture] You are the sole prosecuting authority for that statute, the DOJ. Read more →