Friday, April 07, 2006

Bush Deliberately Put Plame's Life in Jeopardy to Cover Up a Fraud!

by Len Hart, The Existentialist Cowboy

It's not about Libby! It's not about Rove! It's not about Valerie Plame or Joe Wilson!

It's all about Iraq, a fraud that Bush tried to cover up —by sacrificing Valerie Plame, if need be. It's all about keeping secret a deliberate fraud that Bush perpetrated upon the American people and the world. And Bush proved himself capable of jeopardizing lives in order to perpetuate his cover up.

It doesn't get any more evil than that. The act is dastardly, impeachable, prosecutable, morally reprehensible, despicable!

That there was a such a leak at all proves that Bush's order to attack and invade Iraq was and continues to be a war crime. All the black hearted lies told by Bush —and by Powell at the United Nations —were known by Bush to be lies at the time he told them. Hiding the nature of the crime and the lies told to justify it is the motive for yet another crime —the deliberate "outing" of Plame. She was targeted because her husband dared to tell the truth about just one of many lies told by Bushcho about Iraq.

Bush's crime is much worse that a mere technical violation of the law —itself an act of treason. No! Bush's crime against humanity is his personal authorization of a leak by which Bush deliberately put Valerie Plame's life in jeopardy. This is clearly the act of a psychopath, the act of a petty, desperate, mean-spirited, tin horn tyrant. The moral dimensions of this crime are too easily overlooked. The   "major" media is myopically obsessed with tracking down who told who what and when. What makes it all a crime is why?.

Has it soaked in? George W. Bush deliberately sought to endanger the life of Valerie Plame because Ambassador Joe Wilson dared to expose just one of Bush's multiple frauds, lies, and con games. How does one characterize this act? Immature, petty, psychopathic, criminal, vindictive, evil!

Now Bush is left with no defense but "...if the President does it is not illegal"! That's nonsense for a start and not worth comment. This is a nation of laws and Bush is not "the" law. If Bush says otherwise, he's lying.

Bush will try to claim that he declassified Plame's cover. More nonsense! Was Plame notified or, in any way, warned that her life would suddenly be imperiled? What consideration other than revenge would have motivated such a de-classification even if it had been undertaken in a legal manner?

Any case that Bush might make will be laughed out of the court that tries Bush for his crimes. The fact is Bush didn't go through a process by which things that no longer need to be classified are thus de-classified. See: EXECUTIVE ORDER 13292 which outlines the procedures by which information is classified and de-classified —by law!
Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order.

(b) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some exceptional cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not:

(1) amplify or modify the substantive criteria or procedures for classification; or (2) create any substantive or procedural rights subject to judicial review.

(c) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the Assistant to the President for National Security Affairs. The information shall remain classified pending a prompt decision on the appeal.

(d) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders. ... [Thanks to Doug Drenkow & Barry Gordon for the link to Executive Order 13292 ]
Bush, however, always tries to make legal —after the fact —crimes that he's already committed. How bloody convenient!

In the year 2005, when confronted by leak developments, Bush, with practiced deliberation, leaned forward, put on his best sincere face, placed the splayed fingers of his left hand on his heart, and intoned with rehearsed earnestness:
If there is a leak out of my administration, I want to know who it is. And if that person has violated the law, the person will be taken care of. If anyone in this administration was involved in it, they would no longer be in this administration.
It is time that Bush is held precisely to that standard. Clearly —that statement gives the lie away. Clearly —the leak had nothing whatever to do with national security but with a petty, criminal vendetta!

Bush must step down or be impeached and removed. And when he is removed, he must be charged and prosecuted in a criminal court.

Additional resources:
Did Bush Lie to Fitzgerald?
An excerpt:
Lewis Libby's testimony identifying George W. Bush as the top official who authorized the leaking of intelligence about Iraq's alleged nuclear weapons program raises two key questions: What did the President tell the special prosecutor about this issue in 2004 and what is Bush's legal status in the federal criminal probe?

Bush's legal danger came into clearer focus with the release of a court document citing testimony from Libby, Vice President Dick Cheney's former chief of staff who claimed that Bush approved the selective release of intelligence in July 2003 to counter growing complaints that Bush had hyped evidence on Iraq's pursuit of enriched uranium. ...
Leaker-In-ChiefYesterday, a court filing disclosed that President Bush specifically authorized Vice President Cheney's chief of staff Scooter Libby to disclose classified information in an effort to discredit Joseph Wilson, a former CIA adviser whose criticisms undermined the administration's case for war. According to the 39-page document submitted by special prosecutor Patrick Fitzgerald on late Wednesday night, Libby testified that Cheney "advised him that the President had authorized [Libby] to disclose relevant portions" of the October 2002 National Intelligence Estimate (N.I.E.), the key CIA document that the administration used to persuade Congress and the American public into war. The court filing "for the first time places Bush and Vice President Cheney at the heart of what Libby testified was an exceptional and deliberate leak of material designed to buttress the administration's claim that Iraq was trying to obtain nuclear weapons." While the document does not address the issue of whether Bush was personally involved in specifically leaking Valerie Plame's identity, it is clear from the timing of the leak authorization by President Bush that he was personally involved in the administration-wide effort to smear Joseph Wilson by any means necessary.
BUSH AUTHORIZED LEAKING DESPITE REPEATED ASSURANCES TO THE CONTRARY: Throughout the past two and half years, while the investigation into the leak of Valerie Plame's identity has been ongoing, Bush has made numerous public statements indicating his desire to crack down on leakers. For instance, on September 30, 2003, Bush said, "There's just too many leaks, and if there is a leak out of my administration, I want to know who it is." He added, "I want to tell you something -- leaks of classified information are a bad thing." And on October 28, 2003, the president said, "I'd like to know if somebody in my White House did leak sensitive information." Bush never indicated that he was engaged in leaks, instead casting "himself as a disinterested observer, eager to resolve the case and hold those responsible accountable." The new revelations by Fitzgerald, however, demonstrate Bush was personally authorizing highly-sensitive intelligence leaks and has therefore been engaged in a cover-up about the extent of his own involvement in the leak case. Sen. Chuck Schumer (D-NY) said, "The president has always stood so strong against leaks. If he leaked himself, he should explain why this is different than every other leak."

BUSH WAS INVOLVED IN THE CAMPAIGN TO SMEAR WILSON: "The White House did not challenge the prosecutor's account of Bush's and Cheney's role in orchestrating the effort to discredit Wilson yesterday." Previously, the administration claimed it had not engaged in a smear campaign against Wilson. Robert Luskin, Karl Rove's attorney, previously claimed that the facts were being spun "in an ugly fashion to make it seem like people in the White House were affirmatively reaching out to try to get them to report negative information about Plame." But Fitzgerald made clear that Libby's disclosure took place as the result of "a strong desire by many, including multiple people in the White House, to repudiate" Wilson's claims, adding, "it is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to 'punish' Wilson." Bush has now been placed at the center of those efforts. (The Progress Report has previously documented why Wilson was smeared -- simply put, because his public criticisms of the administration set into motion a series of events that were not only politically damaging but began to expose how the nation was misled into war. See our timeline.) "If the disclosure is true, it's breathtaking. The president is revealed as the leaker-in-chief," said Rep. Jane Harman (D-CA). While it is clear that Bush was engaged in the campaign to "punish" Wilson, it is unclear what knowledge he had of Wilson's wife, Valerie Plame. At the very least, Bush should now be asked when he personally learned of Plame and whether he authorized the leak of her covert identity.

N.I.E. BOLSTERED WILSON'S ARGUMENT: Libby testified that he was given specific authority by the president to "disclose certain information in the N.I.E." to former New York Times reporter Judith Miller and others. The administration decided to disclose only "relevant portions" for a very obvious reason -- disclosure of the full N.I.E. would have undermined the administration's argument and bolstered Joseph Wilson's. Recall, Wilson attacked Bush's 2003 State of the Union claim that Iraq was acquiring uranium from Niger to build a nuclear weapon. Wilson wrote in July 2003, "I have little choice but to conclude that some of the intelligence related to Iraq's nuclear weapons program was twisted to exaggerate the Iraqi threat," specifically stating he saw no evidence of a uranium transaction. The N.I.E. bolstered Wilson's claim. The CIA gave "low confidence" to the uranium claim and said "we cannot confirm whether Iraq succeeded in acquiring uranium ore." The estimate further said the intelligence on Iraq's uranium acquisition was "inconclusive."
BUSH ADMINISTRATION'S DEFENSE FULL OF LEAKY HOLES: At the heart of the White House and Libby's defense of their actions is the claim that a March 2003 executive order allows both the president and vice president to unilaterally declassify intelligence documents. Attorney General Alberto Gonzales stated yesterday that Bush has "inherent authority to decide who should have classified information." The White House maintains Bush's decision to disclose classified information means he declassified it. But it was unclear if that was the President's intention in this case. First, the action to leak the October 2002 N.I.E. was apparently done "without notifying Cabinet officials or others in the administration, including the CIA authors of the National Intelligence Estimate," raising questions about whether a real declassification ever occurred. Moreover, as Fitzgerald writes in the court filing, then-deputy National Security Adviser Stephen Hadley was engaged in a process to get the N.I.E. officially declassified at the same time Libby was leaking classified portions of the N.I.E. to reporters. On July 18, 2003, the administration decided to officially disclose the contents of the full N.I.E. at a White House press briefing, "suggesting the information had not been declassified until that time." Jonathan Turley, a law professor at George Washington University, argued on National Public Radio yesterday, "At a minimum, it is grossly improper for the president to order a subordinate to disclose a highly classified document to an uncleared reporter and then have that document treated as continuing to be classified."
CASE AGAINST LIBBY NOT AFFECTED: The new disclosures do not affect the legal case against Scooter Libby. Libby is on trial for having allegedly lied to FBI investigators and the federal grand jury about how he learned of Plame's identity. As special prosecutor Fitzgerald said at his October 2005 press conference announcing the indictments against Libby, "At the end of the day what appears is that Mr. Libby's story that he was at the tail end of a chain of phone calls, passing on from one reporter what he heard from another, was not true. It was false." The court filing reasserts that the "central issue at trial will be whether defendant lied when he testified that he was not aware that Mr. Wilson's wife worked at the CIA prior to his purported conversation with Tim Russert about Mr. Wilson's wife on or about July 10, 2003."


Wednesday, April 05, 2006

Democrats should be laying the foundations for freedom in a post Bush world!

Democrats may be shy of impeachment for the same reasons that it would have been better for them if Tom DeLay had hung around until after the elections. But if the Democratic "platform" consists only of tactical moves to regain White House and Congress, they are doomed to fail. Democrats must now position themselves in opposition to the Bush dictatorship if they are to entertain thoughts of resurgence.

I would advise the Democratic party to beware of Machiavellian thinking of the form: a Bush in the White House is worth two birds [Bush and Cheney] in the "dock". Sadly, the Democrats who believe this are probably correct if one assumes that the only goal is to retake the house and put a Democrat in the White House. That's mere "DeLayism" but on the other side of the aisle. I would hope that Democrats are thinking past that. I would hope that they are thinking in terms of what policies and measures are absolutely necessary if this nation is to heal of its Bush inflicted wounds.

Democrats must be thinking in terms of restoring the separation of powers, the rule of law, due process of law, civil liberties, free and fair elections. Democrats must be thinking about how they can organize a viable party without selling out to the military/industrial complex, the crooked lobbies, the powerful and ruthless industries like oil, tobacco, and gun.

Democrats must be thinking of restoring the economy, creating jobs, addressing obscene income disparities, restoring financial integrity to the Social Security trust fund and securing it against another attack from the GOP.

Democrats must address the U.S. failure to educate its people. "No Child Left Behind" was a fraud from the get go; the cost of attending any college (even a poor one) is often out of reach; the right wing has watered down many curricula and has, indeed, attacked science itself.

Democrats must restore the separation of church and state and repeal "faith-based initiatives", a violation of the First Amendment on its face. The Democrats must affirm the Constitution, a document about which Bush is credibly quoted: "The Constitution is just a goddamned piece of paper!" Impeaching Bush, admittedly, doesn't even begin to address the problem. Neither would a double impeachment of both Bush and Cheney. Sadly, bringing criminal charges against the majority of the GOP leadership won't either. Just as the GOP emerged from the fall of Nixon radicalized, more organized, ruthless, even a successful impeachment of Bush will push the bitter-enders over the edge. We have not yet seen the end of the radicalization of the Republican party.

To address the crimes that have gone unpunished and the deeper divisions ripping apart what's left of the republic, I support a new National Convention, a notion that scares most people who fear it will be hijacked by special interests and lobbyists. But our entire government has been permanently hijacked by moneyed special interests. I fail to see how we would be any worse off. Moreover, a new National Convention is convened upon a petition of two thirds of the State Legislatures. The apparatuses of the various lobbies are located in D.C. and geared toward the existing Federal Bureaucracy; the various incestuous relationships have been years in the making. A new National Convention will fare better. And the best part of it is this: Bush would be powerless to prevent it by any lawful measure.

I am told that the "religious right" is not the monolithic block that it might appear to be. I am told that there are many "religious" people working to bring about the end of the Bush tyranny. I would hope so. The alternative to moderation —a long and nasty cultural war —is too terrible to contemplate.

A post-Bush world may be nearer than generally thought. Following are two reports indicating that Bush himself authorized the leak that "outed" Valerie Plame. This act is properly characterized as treason. Treason is specifically mentioned in the Constitution as grounds for impeachment.

The impeachment procedings against George W. Bush should begin immediately. Contact your reps!

Libby: Bush himself authorized leak on Iraq

Former top aide to Cheney says word came down through vice president

WASHINGTON - Vice President Dick Cheney’s former top aide told prosecutors President Bush authorized the leak of sensitive intelligence information about Iraq, according to court papers filed by prosecutors in the CIA leak case.

Before his indictment, I. Lewis Libby testified to the grand jury investigating the Valerie Plame leak that Cheney told him to pass on the information and that it was Bush who authorized the leak, the court papers say. According to the documents, the authorization led to the July 8, 2003, conversation between Libby and New York Times reporter Judith Miller.

There was no indication in the filing that either Bush or Cheney authorized Libby to disclose Plame’s CIA identity.
From the Smoking Gun:

Libby: Bush Authorized Plamegate Leak

Indicted ex-Cheney aide told grand jury of White House approval

APRIL 6--A former top aide to Vice President Dick Cheney told a federal grand jury that President George W. Bush authorized him to leak information from a classified intelligence report to a New York Times reporter. Details of I. Lewis "Scooter" Libby's testimony were included in a court filing made yesterday by Special Counsel Patrick Fitzgerald, who is prosecuting Libby for perjury, obstruction of justice, and making false statements in connection with the probe into the leaking of CIA agent Valerie Plame's identity.

According to Fitzgerald's filing, an excerpt of which you'll find below, Libby, 55, testified in 2003 that he provided reporter Judith Miller with information from a classified National Intelligence Estimate after being told by Cheney that Bush "specifically had authorized" him to "disclose certain information in the NIE." Libby also testified that Cheney specifically directed him to speak to other reporters about information in the classified NIE (which addressed Iraq's purported weapons of mass destruction programs) as well as a cable authored by Plame's husband, former ambassador Joseph Wilson.

The leaking of the classified material was apparently done in an effort to counter claims made by Wilson regarding the White House's justification for invading Iraq. The Fitzgerald filing also notes that Libby told grand jurors that he conferred with David Addington, Cheney's counsel, about the leak directive and that Addington told him "that Presidential authorization to publicly disclose a document amounted to a declassification of the document."

While both Bush and Cheney have been interviewed by Fitzgerald, it is unknown whether they confirmed or disputed Libby's assertion that he was authorized to disclose findings in classified reports. Libby, Cheney's former chief of staff, resigned his White House post last October following his indictment on five felony counts. (7 pages)

Plamegate aficionados: Click here for PDF of entire 39-page Fitzgerald filing
Count on this: Bush and the endemically criminal GOP will now say that if Bush ordered the leak, then it's not a crime!

But you must remember what Bush said back in 2005.
WASHINGTON -- President Bush vowed yesterday to fire anyone in his administration who is found to have ''committed a crime" involving the disclosure of a former covert CIA agent's name, seemingly redefining the grounds for dismissal the White House had pledged when the case erupted in 2003.

''If someone committed a crime, they will no longer be in my administration," Bush said, answering a question about whether his deputy chief of staff, Karl Rove, should be fired if he is found to have leaked the identity of a former CIA operative, Valerie Plame. The leaking of information about Plame, who is married to a White House critic and a former ambassador, Joseph C. Wilson IV, is being investigated by a federal grand jury.

Bush's remarks suggested he has narrowed the criteria for sacking a White House employee in the Plame matter; previous statements by Bush and his press secretary, Scott McClellan, made as recently as last year, indicated that Bush would dismiss anyone from his staff who had identified Plame to reporters.

''If there is a leak out of my administration, I want to know who it is. And if that person has violated the law, the person will be taken care of," Bush said at a campaign stop in Chicago in October 2003. McClellan, speaking to reporters just before the campaign appearance, said, ''If anyone in this administration was involved in it, they would no longer be in this administration."

...

—George W. Bush, from the Boston Globe, Bush seems to shift on his grounds for dismissal

If there was any legitimacy whatsoever to what will most surely be the Bush ex post facto defense, Bush would have 'fessed up at the time. He didn't. Instead, he tried muddy the issue and play stupid word games.

Bush is unfit to hold any public office whatsoever!

Bombard the House with emails and letters demanding that Bush be impeached, tried, arrested and jailed!

And —as if to illustrate points I've already made —the Bush administration can be counted on to prove true everything I've ever said about it. The war against the people of Iraq —we were told amid all the other lies —was intended to bring about Democracy in Iraq even as Democracy was put on life support at home. It didn't make sense then, and has since been proven to have been yet another Bush, bald-faced lie. Here's an update from the Washington Post:

Democracy In Iraq Not A Priority in U.S. Budget

By Peter Baker

Washington Post Staff Writer
Wednesday, April 5, 2006; Page A01

While President Bush vows to transform Iraq into a beacon of democracy in the Middle East, his administration has been scaling back funding for the main organizations trying to carry out his vision by building democratic institutions such as political parties and civil society groups.

The administration has included limited new money for traditional democracy promotion in budget requests to Congress. Some organizations face funding cutoffs this month, while others struggle to stretch resources through the summer. The shortfall threatens projects that teach Iraqis how to create and sustain political parties, think tanks, human rights groups, independent media outlets, trade unions and other elements of democratic society. ...

Polls: Embattled Repugs Rattled by Dems

Posted by Buck | Apr. 5, 2006, 8:33 am

Outta here: The latest round of Wall Street Journal/Zogby Interactive statewide polls shows an interesting political terrain for both Democrat and Republican incumbents and challengers.

California: Terminator Terminated

California voters are seriously dissatisfied with Gov. Arnold Schwarzenegger. Fewer than one in three (30 percent) approve of his job performance in Sacramento, and just one-third (34 percent) think he deserves re-election. Matched up against potential Democratic opponents, the Gubernator does better than previous poll numbers had suggested, but he still trails both potential opponents. State Treasurer Phil Angelides leads Schwarzenegger by five (46 percent to 41 percent) and state Comptroller Steve Westly holds a nine-point advantage over the incumbent, 47 percent to 38 percent.

Pennsylvania: Santorum Toast

For Sen. Rick Santorum, considered the most vulnerable incumbent in the nation, election night is shaping up to be a big disappointment. But the race is far from over, with a nasty battle brewing within Democratic ranks over Democrat Bob Casey Jr.’s support for the pro-life position on abortion. The state Treasurer, Casey is beating Santorum by eight points, 47 percent to 39 percent. Just 40 percent give Santorum a positive job approval rating, and fewer (38 percent) think he deserves to be re-elected. ...
'Toon by Dante Lee; use only with permission

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Tuesday, April 04, 2006

"Local Republicans Are Eating Each Other Alive"

by Len Hart, The Existentialist Cowboy

That's how the situation is described in Tom DeLay's hometown of Sugar Land, TX. where a web site called "Juanita's" has been snapping at DeLay's heels and exposing his hijinks from the get go. So —don't fall for GOP nonsense about how those nasty old liberals like George Soros, Michael Moore and Barbra Streisand are ganging up on poor Tom. Tom DeLay's worst enemies are not only in the GOP, they live in Texas where they know him better than anyone else anywhere. The atmosphere in at least some parts of Sugar Land is downright "giddy" if not a substitute for Mardi Gras:
My prediction is that Tom will continue in his present life-calling and become a teevee evangelist. It's just like being a Congressman: the hours are good, you can have girlfriends on the side as long as you don't get caught, you can get stoopid people to give you lotsa money, it helps if your wife cries a lot and can make "Jesus" a three-syllable word, and you get to wear fancy clothes. He'll hardly know the difference.
Juanita's, Sugar Land, TX Web Site
The GOP has beheld the vacuum and it sucks! Most Texas GOPPERS fed at the trough; most benefited from crookery; most got on board the gravy train. DeLay's fall is a product of a polarized House of Representatives, a growing culture of corruption throughout Washington, and Bush's own falling star.
While Democrats might have looked forward to having DeLay to paint with "culture of corruption" charges, the GOP loses the most "effective" partisan in the GOP arsenal. It was back in the early 80's as a State Representative that DeLay began building a GOP majority that he hoped would last for decades, if not a thousand years.

A 20 year Reich? 

Here's the PC version on Tom DeLay's own web site:
During a Fort Bend County Republican Committee meeting in 1978, a party official suggested that DeLay run for an open Texas State House seat that had never before elected a Republican. Excited by the prospect of lowering taxes and excess regulations, DeLay rolled up his sleeves and impressed enough voters to win the election. After serving in Austin for six years, he succeeded in becoming the first Republican Fort Bend County ever elected to the United States Congress.
DeLay mastered the art of diluting the Democratic voting strength in Houston's area minority districts. Pioneering computer-aided gerrymandering, DeLay's GOP created strange looking districts —narrow, weirdly-shaped, artificial.

Before his announcement, it was reported that DeLay had raised $1.3 million for his campaign. DeLay would have faced a former victim of DeLay-mandering: former Rep. Nick Lampson, a Democrat, who lost his seat in 2004.

DeLay's troubles may have just begun. He still faces indictment in Texas on money laundering charges and other allegations of campaign law violations. Former DeLay aides, Tony Rudy and Michael Scanlon, have already pleaded guilty to federal corruption charges. Ex-lobbyist Jack Abramoff, meanwhile, is cooperating with federal investigators even as a corruption investigation continues to widen on Capitol Hill. And it is in this thicket that we find DeLay's real reasons for withdrawing:
"The guy has a hide of titanium. This is not about his election, this is about his defense of the criminal investigation," former federal prosecutor John P. Flannery II said. "The circle is closing on him for a federal indictment."
Brand, whose previous clients have included members of Congress, said it wasn't uncommon for lawmakers to shelve their political careers when faced with the possibility of criminal charges.
"He's going to face hundreds of thousands of dollars in legal expenses if he gets charged and decides to defend himself," Brand said. "It's hard to focus on that and focus on re-election."
Signs point to federal investigators zeroing in on DeLay, Ron Hutcheson, Knight Ridder Newspapers
Thoughtful bloggers have asked the question: "In the wake of DeLay's departure, will the GOP become more introspective about the "...course of the Republican revolution"?  Nahhhhhhh.....

Update:

Lampson Campaign Condemns DeLay's Goon Squad Assault

Nick Lampson wants Tom DeLay's job representing Texas's 22nd Congressional District. He wants it bad. Especially since he lost his House seat as a result of The Hammer's 2004 redistricting scheme. He's been gaining serious momentum and leads the polls. DeLay's announcement this week that he's dropping out of the race and resigning from Congress in June only enhances Lampson's chances at winning. And that makes many ReTHUGlicans very, very angry. They showed that anger Thursday by disrupting a press conference Lampson held on the steps of the Sugar Land city hall. The city is DeLay's hometown.
In calling on Tom DeLay to immediately resign so a May 13th special election can be held to fill his seat, Lampson's words were drowned out by demonstrators reminescent of the dozens of screaming, bullying GOP thugs who converged on Miami/Dade election headquarters during the 2000 recount. People were pushed, shoved and shouted at. Lampson and his supporters were surrounded by these bullies, who held up hand-written signs that read "Liberal Lampson," "I Stand with Tom DeLay" and "Go Lose Somewhere Else."In an ail sent to supporters, Lampson's campaign manager Mike Malaise said that "DeLay's goons showed up to harass, assault, and intimidate. A number of female Lampson supporters, including Marsha Rovai, a 69 year-old woman from Richmond, reported being pushed and shoved by belligerent DeLay goons at the event.""I can't believe my Congressman, Tom DeLay, would organize this type of assault," said Ms. Rovai. "I was assaulted by two different people. One of the men hit me and another shoved his sign into my face, and then when I pushed his sign away he violently pulled my hat down over my eyes and pushed me. I'm considering filing an assault charge. This is just very upsetting and I'm so disappointed in Tom Delay for organizing this attack." The disruption was well-orchestrated: "Let's give Lampson a parting shot that wrecks his press conference," read a mass e-mail to supporters by DeLay campaign manager Chris Homan. He promised more agressive protests. "Mr. Lampson is going to have to get used to being confronted about his voting record the next seven months." "This incident certainly shows that Tom DeLay continues to try and intimidate the people of this district from speaking out against his unethical activity," Malaise said.Take notice, Democrats. This is just the beginning of the type of brutish intimidation and devious acts the ReTHUGlicans will resort to in order to hold onto power. Fasten your seat belts, it's going to be a bumpy ride.
Juanita's has more
....Lampson's Press release: "Tom DeLay's campaign sent out an email asking supporters to disrupt Nick Lampson's press conference this morning. At that event, a 69 year old woman says she was assaulted by one of the DeLay thugs who showed up to disrupt the event. The woman, Marsha Rovai, of Richmond has asked the Lampson campaign to help see if any of the televisions stations caught this incident on tape so she can consider filing an assault charge. Several of the women at the event complained that they were pushed and shoved by male DeLay supporters.

Additional coverage:

DeLay Reveals Plan To Have Texas Legislature Oust Ronnie Earle

From Think Progress

By Judd

On an interview this morning on Fox News Radio’s Tony Snow Show, Rep. Tom DeLay (R-TX) revealed a plan to have the Texas legislature oust district attorney Ronnie Earle, the prosecutor who charged DeLay with money laundering:

Transcript:
SNOW: Okay, so at this point, you know — are you willing to let bygones be bygones?

DELAY: Absolutely not. Texas should not allow a district attorney from Travis County have this kind of power. And they can take his power away from him because there was the Texas legislature that gave him this power. And I think that will happen in the next session of the Texas legislature.SNOW: Oh, really?

DELAY: Yes.

Clearly —DeLay is not interested in winning his "defense" on merit. DeLay, true to his odious nature and vindictive spirit, is going to try to smear anyone who has dared to bring his sorry ass to justice.

Update from the Washington Post indicates that DeLay could not have won re-election. And the money he had raised would not pay for both legal fees and the high price of campaigning:

DeLay to Resign, But His House Still Stands

Criminally-indicted Rep. Tom DeLay (R-TX) announced last night that "he will not seek reelection and will leave Congress within months." According to DeLay, he has been chosen as a "target" because he was "effective" and accomplished "some pretty amazing things." But the truth is that Tom DeLay's extensive corruption and bitter ultra-partisan activism had finally caught up with him -- costing him his Majority Leader title, turning him into a national political pariah, and eventually shifting his conservative Texas district against him. DeLay will reportedly leave Congress by the end of May, and says he plans to "pursue an aggressive speaking and organizing campaign aimed at promoting foster care, Republican candidates and a closer connection between religion and government." But despite his absence, the House of Representatives will remain the House of DeLay. The overwhelming majority of House conservatives supported the "DeLay Rule" that was "custom tailored for Majority Leader DeLay to avoid stepping down even after indictment." House conservatives rigged the ethics committee to protect DeLay from being penalized. And they rushed to his side with support even after the full extent of his corruption became evident. As Josh Marshall writes, "He's their guy. Their rule rests on his machine. They can run but they can't hide."

Email: "We would meet tomorrow morning at 9:45 am on the first floor of the parking garage attached to the Marriott. Please get folks to call our campaign office 281.XXX-XXXX and let us know they can do it-or e-mail Leonard Cash (in the cc field above) so that we can get some head count. Let's give Lampson a parting shot that wrecks his press conference."
One elderly Democratic woman was slightly injured when she was assaulted by a DeLay protester. The male DeLay supporter first hit her in the face with a sign and then grabbed her hat and tried to pull it down over her eyes. Think about this: Your Congressman asked his supporters to go out and assault old women. Okay, "wreck" them. But, that's all right because one of the Democrats shoved the DeLay protestor away from the elderly woman. We ain't doing non-violent protests when it comes to protecting our elderly.

But that's all right. It's all right. They're just helping prove what a stone-cold hypocrite DeLay and his supporters are. One day DeLay laments the "polarization" in the district and how horrible it is. The next day, he calls a hit. Thanks to the increasingly lawless right wing, a violent cultural war is now underway in America.


Monday, April 03, 2006

A Cowardly SCOTUS Takes the Easy Way Out, Refuses to Uphold Due Process of Law!

The Supreme Court has declined to rule on whether the Bush administration has the right to hold American citizens indefinitely without charges or trial. The high court's lack of action in defense of Due Process moves the U.S. closer to dictatorship and leaves the Constitutional basis of our republic in doubt.

Specifically, the high court refused to rule on an appeal by Jose Padilla, designated an "enemy combatant" by the Bush administration and held in a military brig in South Carolina for more than three years. The court's failure to act, is, in fact, a victory by default for Bush who claims all manner of inherent and implied war powers that, in fact, do not exist. Bush's war powers are spelled out in the Constitution.

Rather than clarifying, the high court has but muddied the waters. Rather than making a definitive statement in support of an embattled Constitution, the high court has but encouraged a would-be dictator. Bush's bogus and fallacious rationalizations are left standing to set dangerous precedents. If the high court's passive consent is allowed to stand, then all Bush need do to silence a critic is to term that critic an "enemy combatant". An "enemy combatant" is whatever Bush says is an "enemy combatant". This is the absurd logic that flies in the face of the very rule of law. This is the threat to both Democracy and justice that this court has let stand.

According to the BBC:
Jose Padilla was moved to civilian custody in January after being held for more than three years without charge. Government lawyers argued that the Supreme Court appeal was no longer relevant in the light of that move.
Justices David H Souter, Ruth Bader Ginsburg and Stephen Breyer voted in favor of granting the appeal, one vote short of four votes needed to grant an appeal.

Earlier, according to the Washington Post, the federal judge overseeing the Padilla case imposed tight restrictions on the handling of classified material including:
  • Results of surveillance conducted by the FBI in a separate investigation authorized by the Foreign Intelligence Surveillance Court, which oversees eavesdropping and other monitoring of suspected foreign agents in the United States.

  • A request to limit defense questioning of a witness about the chain of custody of a specific piece of evidence. No details were given, but the defense has raised questions about a "mujahideen data form" Padilla allegedly filled out to attend an al-Qaida training camp in Afghanistan.

  • Information provided to the U.S. by an unspecified foreign government. The material may eventually be declassified, prosecutors said.
  • Written and recorded statements Padilla made while in military custody. Some information about Padilla's interrogations has already been made public and the Justice Department is seeking declassification of most of the remaining evidence.
  • —Washington Post, Padilla Judge Restricts Classified Info

    Additional resources:A judiciary, due process update:

    ACS v. Federalists

    Abner Mikva

    With Samuel Alito's confirmation as a Supreme Court Justice, some pundits predict that we may be witnessing the final act in a great drama that has riveted the nation for decades. Fifty years ago the Supreme Court's decision in Brown v. Board of Education placed the courts at the forefront of the struggle for social justice, and there they remained, largely unchallenged, for three decades. But then, during the Reagan Administration, a conservative legal movement symbolized by (but not limited to) the Federalist Society rapidly rose to prominence. Its agenda was clear: Government--all government, but especially the courts--must be hobbled and the struggle for social justice initiated by Brown halted. Now, with Alito joining fellow conservative John Roberts on the Court, some on the right seem to believe that their great project is nearing completion.

    They are, however, dead wrong. Justices Roberts and Alito will take an already conservative court even further to the right, but the struggle for social justice will go on. And I am pleased to report that a new force--full of energy and optimism and new ideas--has entered the fray on the side of those who are committed to our founding values of liberty, equality and justice. It is the American Constitution Society for Law and Policy (ACS), which employs many of the undeniably successful techniques perfected by the Federalist Society, but in pursuit of liberal ends. ...


    Thursday, March 30, 2006

    The Emerging Outraged Majority

    by Len Hart, The Existentialist Cowboy

    American voters are in a nasty mood. Across the board, Americans feel betrayed by the process, elected officials, and the government. At the very heart of discontent are lies about the war, the lobbying of congress, the fiscal soundness of the nation, the state of "freedom" itself.

    Liberal Democrats —especially the growing grass roots anti-war movement —feel betrayed by Democrats whose only position vis a vis the GOP seems to be of the form "...but we could have fought the war better than Bush!" That's cold comfort to those who believe the war was not only wrong but premised upon a pack of GOP lies. It's a poke in the eye to progressives who believe American foreign policy is now dictated by Dick Cheney and Halliburton. Bush's policies are seemingly un-opposed though they seem to have made terrorism worse and Americans less safe.

    GOP politicians, however, are even less well off. E. J. Dionne, writing in the Washington Post, has written a brief but accurate history of how the GOP has been hijacked by the increasingly extremist right wing, how "moderate Republicans" have either left the party or been marginalized, how Bush's huge budget deficits point up the hypocrisy of GOP "conservatism".

    I am unhappy with Democratic triangulation of the center. I am less interested in out-maneuvering the GOP than in defeating them straight-up on issue, on points, on substance. But I suspect that I am less disenchanted with Democrats than GOPPERS with the GOP. Can you imagine how upset I might be if I were a GOPPER, favoring responsible government, confronted with Reagan/Bush deficits of truly historic proportions? Similarly, some GOP types were staunch civil libertarians. Where are they to go now that Bush has assumed dictatorial powers? Some old time Republicans disdained empire to the point of isolationism. What are they to do now that Bush has embarked upon world conquest for the benefit of Halliburton and handful of oil cronies? Many Republicans, like Nelson Rockefeller, for example, could have been described as "moderate" or even "liberal". What are they to do now that Bush has radicalized the GOP?

    A fundamental re-alignment of American politics is underway. Moderate and liberal Republicans —all but extinct —have no choice but to make common cause with the Democratic party. This seems to be a mirror image of an earlier re-alignment in which "conservative" Democrats became Republicans. There were dramatic individual examples of that. Former Texas Governor John Connally's joining the GOP is one. The most sweeping re-alignment, however, was Nixon's "southern strategy" which resulted in a solid "red" south. Admittedly, Nixon was helped out by LBJ who virtually ceded the south when he signed the voting rights act. What does that say of the south?

    Major developments signaling a major re-alignment are bad news for the GOP. A recent Gallup poll indicates more Americans now identify themselves as Democrats than Republicans —a shift that may give Democrats the edge they need in November. And from the same poll, we learn that independents give Democrats the advantage, though Democrats had been neck and neck with the GOP since the second quarter of 2005.

    Elsewhere there is evidence that the GOP is running scared while "...on the run". GOP candidates are on the defensive, forced to decide how closely they wish to identify with Bush who shows no sign of reversing his plunge in the polls. Problematic for the GOP is the party's conflicting, if not hypocritical, positions on the out-of-control federal debt and deficit and the Bush administration's inept response to Katrina. Overriding everything else, however, is Bush's tar baby —the war on Iraq! It's a tar baby that has permanently stuck itself to whatever legacy Bush might wish to leave behind. It is nothing if not a quagmire and will ultimately prove to be a war crime of unimaginable proportions! Until recently, Bush continued to lead Democrats on the issue of "terrorism". Now, when it has become clear to all but a few diehards that the war against Iraq has made terrorism worse, Bush has lost even that advantage.

    A TIME poll is stunning: 3 in 5 Americans now say the nation is headed in the wrong direction. Given a choice, a "generic" Democrat beats "generic" Republicans in races for Congress by a margin of almost 10%. What is clearly an anti-Republican wave cannot be good for the GOP's longer term prospects. Stuart Rothenberg, of the Rothenberg Political Report is quoted thus: "The only question is how high, how big, how much force it will have. I think it will be considerable."

    If there is a big picture, Kevin Phillips can always be counted on to get a handle on it. His latest book —American Theocracy —makes the analogy to California which recalled Gray Davis.
    Still, with impeachment losing credibility as a constitutional remedy, the possibility of having an "incompetent" president with a 35% job approval rating in office for almost three more years represents enough of a threat to an unhappy and beleaguered United States that a wide-ranging debate is in order.
    —Kevin Phillips, Time to Recall Bush?
    In American Theocracy, Phillips zeros in on what he calls " petro-politics" which he credits with having sparked the emergence of "the new national party politics of oil".
    Phillips is the kind of tough-minded realist who doesn't even bother to feign shock at the idea that our foreign policy has a bottom line. When Dick Cheney said in 1999 that ''by 2010 we will need on the order of an additional fifty million barrels a day," certain geopolitical consequences followed. Why pretend otherwise?
    Axis of ills:An indictment of recent Republican policies, domestic and foreign, Scott McLemee
    But this is not a real political movement. It is, rather, the Bush administration outsourcing the conquest of the world to Halliburton. The Roman Empire had similarly, outsourced to previously conquered tribes the defense of Rome. Bushco, however, has outsourced the seizure of world oil supplies to Halliburton even as Halliburton seems to have hijacked the armed forces of the United States to do its dirty work.

    Here's the truly tragic aspect of the Bush's coup d'etat: the Democrats —time and again —have simply failed to oppose, have failed to put forward an alternative to Bush's corporate rule of America, the GOP's concerted, deliberate, and well-organized subversion of the Constitution and the rule of law:
    Unfortunately, the Democrats’ “Real Security” plan , released yesterday, falls short of providing a sharp alternative to Republican policies. Whether one looks at the primary document, a 10-page brochure, or the 123 pages of back-up material, what emerges is not a plan, but a mixture of rhetoric and goals that is short on specifics and fails to set clear priorities. Its vagueness no doubt derives from the consensus nature of the document. The current Democratic Party is a fractured mosaic of factions with divergent positions on issues ranging from the war in Iraq to how best to address Iran’s nascent nuclear enrichment program. Coming up with a common platform that takes a clear stand on anything is no small task.
    Democrats' Tough Talk, William D. Hartung
    Kevin Phillips has summed up more in fewer words than most books and articles to date on the origins of Bush's power, the nature of his constituency, and the real reasons for the the so-called "war on terrorism". In even fewer words: the war on terrorism is not about 911, Bin Laden, or Saddam; it's about OIL! Thus, Phillips exposes the lies told by Bush on the road to theocracy:

    How the GOP Became God's Own Party

    By Kevin Phillips
    Sunday, April 2, 2006; B03
    Now that the GOP has been transformed by the rise of the South, the trauma of terrorism and George W. Bush's conviction that God wanted him to be president, a deeper conclusion can be drawn: The Republican Party has become the first religious party in U.S. history.
    We have had small-scale theocracies in North America before -- in Puritan New England and later in Mormon Utah. Today, a leading power such as the United States approaches theocracy when it meets the conditions currently on display: an elected leader who believes himself to speak for the Almighty, a ruling political party that represents religious true believers, the certainty of many Republican voters that government should be guided by religion and, on top of it all, a White House that adopts agendas seemingly animated by biblical worldviews.
    Indeed, there is a potent change taking place in this country's domestic and foreign policy, driven by religion's new political prowess and its role in projecting military power in the Mideast.
    The United States has organized much of its military posture since the Sept. 11, 2001, attacks around the protection of oil fields, pipelines and sea lanes. But U.S. preoccupation with the Middle East has another dimension. In addition to its concerns with oil and terrorism, the White House is courting end-times theologians and electorates for whom the Holy Lands are a battleground of Christian destiny. Both pursuits -- oil and biblical expectations -- require a dissimulation in Washington that undercuts the U.S. tradition of commitment to the role of an informed electorate.
    ...
    Because the United States is beginning to run out of its own oil sources, a military solution to an energy crisis is hardly lunacy. Neither Caesar nor Napoleon would have flinched. What Caesar and Napoleon did not face, but less able American presidents do, is that bungled overseas military embroilments could also boomerang economically. The United States, some $4 trillion in hock internationally, has become the world's leading debtor, increasingly nagged by worry that some nations will sell dollars in their reserves and switch their holdings to rival currencies. Washington prints bonds and dollar-green IOUs, which European and Asian bankers accumulate until for some reason they lose patience. This is the debt Achilles' heel, which stands alongside the oil Achilles' heel. ...

    Impeaching Bush is just the start

    By Dennis Fox/ Gadflying,Thursday, March 30, 2006"

    Town Meeting urges our representative in Congress to introduce and/or support a resolution impeaching President George W. Bush." That's the warrant article Brookline Town Meeting will probably approve in May. It's good, but it's not enough. ...

    Impeachment: Too Easy

    Impeaching the president is the remedy when Congress can't control him. This Congress hasn't even tried. Since talk of impeachment is in the air, it seems incumbent on all vocal critics of the president to ...

    US invasions and genocides: Dutch soldiers refuse

    Indymedia Argentina
    "Two thirds feel politicians in The Hague have handled the issue badly and only 4 (FOUR) percent of the respondents think the performance of the (cowardly, malignant, brain- and spineless) MP's and 'ministers' on the issue has been good.". ...
    From an excellent blog:

    It is the victors who write History

    And in so doing, they will always gloss-over their own excesses or omit them altogether - but the awareness of guilt endures notwithstanding, and is passed on subliminally to subsequent generations.

    In this context, a friend of mine on a discussion board brought an important article to my attention, regarding war crimes and victors and abuses.
    An excerpt:
    No one knows how many civilians have died violently in Iraq since the US-led invasion in 2003. The most careful assessment, by the website Iraq Body Count, estimates at least 36,000. The true figure could be three times higher. The uncertainty is explained by General Tommy Franks' now-notorious remark, "We don't do body counts."

    Three interesting facts nevertheless help shape a sense of the possibilities. One is that the US forces insist that they use precision techniques to minimise "collateral damage". The second is that the coalition recently and controversially admitted using phosphorus weapons in its attack on Falluja. The third is that one of the US marine air wings operating in Iraq announced in a press release in November 2005 that since the invasion began it had dropped more than half a million tons of explosives on Iraq.
    The felt inconsistency between the first fact and the other two reminds one that ever since the deliberate mass bombing of civilians in the second world war, and as a direct response to it, the international community has outlawed the practice. It first tried to do so in the fourth Geneva convention of 1949, but the UK and the US would not agree, since to do so would have been an admission of guilt for their systematic "area bombing" of German and Japanese civilians. ...
    An update: Bush has been frightened by Peace Activists in Texas. They've have frigtened him so that he won't sbe spending Easter in Texas.

    Bush cutting back visits to Crawford ranch amid protests, paper to report

    RAW STORY, Published: Sunday April 2, 2006

    Since last summer President Bush's visits to Crawford, Texas have been "less visible," which some experts link to demonstrations of antiwar protesters held nearby his ranch, according to an article set for the Waco Tribune-Herald in Monday editions.
    According to the Tribune-Herald, the police chief of Waco has said President Bush will not be celebrating Easter there with his family, as he has done in the past. ...


    Tuesday, March 28, 2006

    The Founding Fathers' Revenge: How the People Can Fire George W. Bush

    by Len Hart, The Existentialist Cowboy

    It's time to fire Bush. There is a way that the people of the United States can fire Bush short of a Constitutional Amendment implementing a recall. And it beats waiting around for the actions of a Congress which enjoys even lower ratings than Bush. The remedy is "revolutionary" —but the best part is that it's entirely constitutional and there is absolutely nothing —within the law —that Bush can do about it. He can but wait for the verdict and pack his bags when he gets it. The "revolutionary" remedy had been foreseen by the founders. It is a new National Convention as described in Article 5 of the U.S. Constitution.

    Why this extraordinary measure?

    Congress has proven that it lacks the will to impeach though Bush's support continues to collapse. Bush himself expects that it will be left to a successor to clean up the mess he's made in Iraq. If that's the case, then it's better that a successor get started sooner than later. It is ironic that Bush has openly defended his overt usurpation of dictatorial powers even as he presides over the historic collapse of his popular support. How logical is that?
    According to SurveyUSA.com, which tracks Bush’s approval ratings in all 50 states, Bush’s support in the March readings plunged to double-digit net negative numbers even in some staunchly Republican states: -12% in South Carolina, -17% in Indiana, -18% in Virginia, and -19% in Tennessee. In Bush’s home state of Texas, public disapproval topped approval by 14 percentage points.

    —Sam Parry, State after State Repudiates Bush

    In November, Ted Rall made a compelling case for a national recall of Bush and last week there was some buzz about how a national recall could be effected. Now former Nixon staffer and distinguished author Kevin Phillips (Wealth and Democracy) makes the analogy to California which recalled Gray Davis.
    Still, with impeachment losing credibility as a constitutional remedy, the possibility of having an "incompetent" president with a 35% job approval rating in office for almost three more years represents enough of a threat to an unhappy and beleaguered United States that a wide-ranging debate is in order.

    —Kevin Phillips, Time to Recall Bush?

    Bush's edge is now within the "margin of error” in four of the so-called "red states". His solid support may be down to only three states. That means that since 2004, Bush has lost his margins of from +20% to +46% in those states. Truly historic.

    That Bush is losing support state by state makes the "revolutionary" concept of a new National Convention practical. It is the state legislatures that can make a new national convention happen whether or not Bush supports it. He won't support it and it won't matter.

    According to Article 5 of the Constitution, two thirds of the state legislatures may petition Congress to convene a national convention.
    The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which , in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided, that no amendment which may be made prior to the year 1808, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

    U.S. Constitution, Article 5

    In November, Ted Rall made a compelling case for a national recall. At the time, Rall quoted USA today:
    “When a president falls below 40 percent approval in public opinion polls–as President Bush has done twice in the past two months–it’s usually a sign of serious political danger.” —Richard Benedetto, USA Today.
    Now Bush's numbers are even worse and more significantly it is not the overall numbers that matter. It's the states! Getting the support of two thirds of the state houses is within reach of a well organized popular movement. Being a creation of the various states, a new national convention is completely outside the Washington bureaucracy. It would be beyond the reach of Bush to intimidate or threaten.

    What could a national convention do? A new national convention would have all the powers of the original Philadelphia Convention. According to the late Sen. Sam Irvin of Watergate Committee fame, it could rewrite the Constitution if it wanted to. But a prudent convention need only build upon the framers intentions even though Bush is widely quoted as having said:
    The Constitution is just a goddamned piece of paper!

    —George W. Bush

    A new convention would put teeth into the Constitution making it clear and un-nuanced so that Bush might understand that it is the supreme law of the land, a lesson he might have skipped at Yale. A lesson apparently not high on the Skull and Bones list of activities.

    A new national convention could literally write George W. Bush out of a job; it could, if it wanted to, rewrite the job description, change the title from "President" to something else and set the date for a direct election of the new executive.

    It could write strict language binding the new executive to the laws of the land; it could establish severe penalties for violations of the law. Impeachment may not even be necessary. The new national convention could literally form a new government —a velvet revolution. And there is absolutely nothing that Bush could do to stop it unless he is willing to order the U. S. Army to attack it. I don't think even Bush would do that.

    A new national convention could also set a national standard for the direct popular election of the "executive", abolishing the antiquated Electoral College and requiring paper trails at every precinct in the nation. A new national convention could make unlawful Presidential "signing statements". A new national convention could eliminate completely the corporate sponsorship of all politicians.

    A new national convention could put new teeth into the Bill of Rights and could prescribe criminal penalties for egregious violations. A new national convention could eschew the international lawlessness of the Bush regime, withdraw us from Iraq, re-affirm Due Process of Law and the rule of law, and establish new standards of accountability for elected officials and bureaucrats.

    A new national convention could end the "imperial presidency" by ending "empire". A new national convention could put the Military/Industrial complex out of business by slashing its budget to Constitutional restraints. A new national convention could establish the standards by which this might be achieved. A new national convention could require the CIA to make public and submit to an oversight committee a line item budget. At present, the CIA budget is a big secret.

    A new national convention could re-affirm what Thomas Jefferson called the "wall of separation" between church and state. A new national convention could give this nation a "rebirth of freedom". A new national convention might restore the republic, something the emperor Augustus never got around to doing and something that the emperor Bush has never intended to do.

    Meanwhile, Bush continues to thumb his nose at the Constitution and Congress aids and abets.
    We need new National Convention —even if Congress should wake up and impeach. This has gotten serious folks and, if any shred of American Democracy is to remains, we must act. We need a NEW government.

    Bush chooses to ignore Constitution

    DAVID SARASOHN

    The U.S. Constitution — which these days a lot of Americans sleep with under their pillows — is fairly direct about the relationship between the president and the laws.

    "He shall take care that the laws be faithfully executed," it says. There's nothing in there about "if he thinks they're a good idea."

    You wonder whether President Bush has ever read that part.

    You'd think he has, because that requirement comes right between two duties the president probably finds more congenial: "He shall receive ambassadors and other public ministers" and "shall commission all the officers of the United States." But sometimes you wonder just how deep his constitutional reading has gone.

    OPTING OUT OF PATRIOT ACT

    Last month, in a White House photo opportunity, the president signed the renewal of the Patriot Act after a year of legislative fights about expanded powers the act gave the government. After negotiating and rewriting, Senate Judiciary Committee Chairman Arlen Specter, R-Pa., proudly claimed to have added significant limits, including a requirement that the administration regularly report to congressional committees about its use of the new powers.

    Signing the bill, the president called it "a piece of legislation that's vital to win the war on terror and to protect the American people."

    Which didn't mean that he thought the legislation was binding on him.

    As the Boston Globe reported last week, after reporters left, the White House issued a statement declaring that the president would ignore the notification requirements if he decided they would "impair foreign relations, national security, the deliberative process of the executive or the performance of the executive's constitutional duties."

    So, after a year of congressmen debating what kind of law they should pass, Bush reminds them — as he did after he failed to stop Congress from banning the use of torture on prisoners, as he does by ignoring the Foreign Intelligence Surveillance court when ordering wiretaps — that, after all, the laws don't apply to him. ...



    Sunday, March 26, 2006

    Scalia's Got Some 'Splainin' to Do; He's Thinking Backward Again!

    by Len Hart, The Existentialist Cowboy

    Supreme Court Justice Antonin Scalia Says "Enemy Combatants" have no legal rights; Scalia is wrong!

    Scalia told an audience at the University of Freiburg in Switzerland that the Constitution does not protect foreigners held at the U.S. military prison at Guantanamo Bay, Cuba. And then he called European criticism of Bush "hypocritical".

    Typically, Scalia's remarks are shot-through with circular fallacies and inconsistencies and —quite possibly —deliberate distortions. Due Process of Law is not limited to "citizens" of the United States as Scalia would have you believe. Moreover, denial of "Due Process" violates Nuremberg and Geneva —treaties to which the United States is bound. In any case, "Enemy combatant" is a term used arbitrarily by Bush; it is, conveniently for Bush, whatever Bush says it is. At last, the right of citizens to defend a homeland against the invasion of an aggressor nation is a settled principle of International Law. Scalia is wrong!

    The term "enemy combatant" may or may not not apply to any one currently held in Guantanamo. The issue is Scalia's assumptive premise. If followed to its logical conclusion, we will never know the truth about how many "enemy combatants" —if any —are held at Guantanamo. The Bush/Scalia rationale seems conveniently designed to hide the truth. Denying Due Process to detainees is a sure way to accomplish just that. Taken to its logical conclusion, Scalia's doctrine gives to Bush the power to define American citizens as terrorist. Our rights under the Bill of Rights are thus gone forever.

    According to the Washington Post, Scalia's comments came just weeks before the justices are to take up an appeal from a detainee at Guantanamo Bay. The court will hear arguments Monday on Salim Ahmed Hamdan's assertion that President Bush overstepped his constitutional authority when he ordered a military trial for the former driver of al-Qaeda leader Osama bin Laden. It would appear that Scalia has already made up his mind. The case will merely go through the motions.

    Scalia's prejudice is revealed before the case can be heard. But that is hardly surprising. When the high court ruled two years ago that detainees could use U.S. courts to challenge their detention, Scalia disagreed. One wonders if he now has support he can count on from Roberts and Scalito.

    "War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," Newsweek quoted Scalia as saying. "Give me a break."
    Give ME a break! Scalia habitually thinks backward —from his prejudice to a convenient rationalization, from conclusions already drawn to convenient premises. It was Scalia who said one of the most absurd things ever coughed up by a judge. Continuing the recount (in Florida), he said, would be harmful to George Bush. Excuse me! The one who gets the fewer number of votes is supposed to lose the election. But if you conclude that neither Bush nor Scalia have any interest in defending either Democracy or the Constitution it all makes sense.
    The Constitution is just a goddamned piece of paper!

    —George W. Bush

    Scalia's dissent in the Rasul v. Bush case in 2004 said:
    "The consequence of this holding, as applied to aliens outside the country, is breathtaking. It permits an alien captured in a foreign theater of active combat to bring a petition against the secretary of defense. . . . Each detainee (at Guantanamo) undoubtedly has complaints -- real or contrived -- about those terms and circumstances. . . . From this point forward, federal courts will entertain petitions from these prisoners, and others like them around the world, challenging actions and events far away, and forcing the courts to oversee one aspect of the executive's conduct of a foreign war."
    Just a fusillade of words! What does Scalia have against learning the truth? Why would he prefer to remain ignorant of who the "enemy combatants" truly are based upon fact and evidence? Clearly —the summary injustice of rounding up people and holding them incommunicado, in secret, interminably, without access to attorney, without charges, without right of counsel, is not a recipe likely to win the hearts and minds of a people. Clearly —the Bush/Scalia formula has made terrorism worse and the world a much more dangerous place.

    An audience member in Switzerland asked our prejudiced judge about whether Guantanamo Bay detainees have protection under the Geneva or human rights conventions. According to Newsweek, Scalia replied:
    If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son, and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy,
    Well, Scalia, I am addressing the following questions directly to you should you chance upon this blog: if we are, in fact, fighting a war —as Bush has told us we are —then how would you explain the capture of non-U.S. citizens on anything other than a battlefield? If a citizen of a country that we have illegally invaded shoots back at us, does that not make it a "battlefield" by definition? If a foreign army invaded the United States would not citizens have the right to shoot back at them? What if that foreign power lied about its reasons for invading us? At last, if the person in question is truly an "enemy combatant" would that not make a "battlefield" of the area in which the person in question is doing battle? At last —have we not made of all of Iraq a "battlefield" by invading that sovereign nation upon a pack of black-hearted, malicious, deliberate lies?

    And now some questions for anyone who might chance upon this blog: doesn't it seem to you that Scalia does a lot "politicking" for someone who has an income for life? Doesn't it seem to you that Scalia does a lot of "campaigning" on behalf of partisan causes even as he would have you believe that he is an impartial arbiter of justice?

    Related updates:

    US has ``Black'' torture chamber in Iraq

    President's serial hypocrisy revealed again

    News today in the New York Times:

    [An] elite Special Operations forces unit converted one of Saddam Hussein's former military bases near Baghdad into a top-secret detention center. There, American soldiers made one of the former Iraqi government's torture chambers into their own interrogation cell. They named it the Black Room.
    George W. Bush has been naked for years on these atrocities, preaching serial hypocrisy on torture with extraordinary balls, since he claimed back in 2003 that Iraq under his fatherly love would be ``free of assassins, and torturers, and secret police'' and that -- like he claimed three years ago this week -- that Iraqis no longer would have to fear the tyrant Saddam's ``torture chambers and rape rooms''. Seems those same torture chambers have instead been built up and enhanced, continuing to be scenes of torture under Bush to this day, two years after the Abu Ghraib story broke.

    Deep Blade has covered serial hypocrisy on torture and rape in Iraq for years now. See entries here, here, and here among other places. A couple of years ago, William Saletan published a timeline called Rape Rooms: A Chronology What Bush said as the Iraq prison scandal unfolded -- damning indictments.

    These are war crimes, for which Bush as Commander-in-Chief is ultimately responsible.
    SUPREME COURT

    Scalia Unplugged

    This Tuesday, the U.S. Supreme Court will hear the case of Hamdan v. Rumsfeld. At issue is whether a detainee held at Guantanamo Bay is entitled to be tried by a civilian court, and whether the Geneva Conventions apply. New revelations reported by Newsweek cast some doubt on whether Justice Antonin Scalia will be sitting on the high court when opening arguments are heard. While speaking at an overseas conference on March 8, Scalia addressed the very issues the court will consider this week, asserting that the Constitution does not protect foreigners held in Guantanamo Bay, Cuba. (To watch Scalia's lecture, click here.) In a case involving the pledge of allegiance, Scalia did recuse himself because he had made comments prior to the case that left a reasonable doubt about his impartiality.

    WHAT'S AT STAKE: The Bush administration has maintained that the Geneva Conventions do not apply to the conflict with al Qaeda and has established special military commissions to try these detainees without fundamental due process protections required by American and international law. Hamdan's lawyers, on the other hand, say their client and other detainees at Guantánamo are covered by the Constitution and should be afforded basic due process rights. Amnesty International has repeatedly urged the U.S. government to abolish the special military commissions because it contends the commissions breach fundamental standards for fair trial. Solicitor General Paul Clement, using arguments similar to those involved in the warrantless wiretapping issue, will argue that President Bush has the authority to subject captured enemy combatants to trial by military commissions through his inherent commander-in-chief powers under the Constitution and through Congress's passage of the 9/11 Authorization for Use of Military Force. Thus, the Hamdan case "will test the scope of presidential power in the war on terror. It may clarify how detained al Qaeda suspects are treated by the US." Also, it will address where the balance of power falls in terrorism cases related to national security.

    SCALIA REVEALS HIS BIAS: In his lecture to an audience at the University of Freiburg in Switzerland, Scalia adamantly declared that the Constitution does not protect foreign enemy combatants held at Guantanamo Bay. "War is war, and it has never been the case that when you captured a combatant you have to give them a jury trial in your civil courts," he said. "Give me a break." Scalia's understanding of the legal rights of prisoners flies in the face of one of the Supreme Court's own rulings. In Rasul v. Bush, the Supreme Court specifically stated that allegations by detainees who have been detained without access to counsel and without being charged of any wrongdoing "unquestionably describe 'custody in violation of the Constitution or laws or treaties of the United States.'" There is reason to believe, given his comments, that Scalia would not give due regard this prior holding of the Court.

    COMMENTS WERE RELEVANT TO THE CASE: Challenged on his beliefs about whether the Gitmo detainees have protections under the Geneva or human rights conventions, Scalia told the Swiss audience: "If he was captured by my army on a battlefield, that is where he belongs. I had a son on that battlefield and they were shooting at my son and I'm not about to give this man who was captured in a war a full jury trial. I mean it's crazy." The comments are particularly relevant to the case at hand because, according to Hamdan's brief, he was "apprehended on the field of battle in a war between the United States and the government of Afghanistan." In Hamdi v. Rumsfeld, Scalia wasn't nearly as dismissive of detainee's rights. In that case, he showed disdain for the creation of an alternative process of detention. And, of all the justices on the Court, he took the most restrictive view of Executive power of detention, arguing that Hamdi must be tried under criminal law unless Congress suspended the right to habeas corpus.

    GROUNDS FOR RECUSAL: According to Father Robert Drinan, a professor of judicial ethics at the Georgetown University Law Center, the standard for recusal is that a justice "should remove himself when there is a reasonable doubt of his impartiality." Drinan added Scalia's most recent comments in relation to the Hamdan case "should logically be a reason for his recusal." Other legal pundits have suggested that Scalia may not need to recuse himself because he did not specifically refer to the Hamdan case in his comments. But in fact, the statute governing inappropriate judicial speech states that a justice "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned."

    SCALIA'S STANDARD: Scalia previously recused himself from the Court's decision in Elk Grove Unified School Dist. v. Newdow, a case concerning whether the pledge of allegiance should have been banned from public schools due to its use of the words "under God." Prior to the Court's acceptance of the case, Scalia had remarked publicly that removing references to God would be "contrary to our whole tradition," and he suggested that courts did not have a role to play in changing the pledge of allegiance. Scalia's comments were not specific to the Newdow case, but rather, were related to the legal issue at hand, a noteworthy parallel to Scalia's most recent remarks on detainee's rights. Scalia explained he had, on the basis of "established principles and practices...said or done something" that required recusal. In another famous incident, Scalia decided not to recuse himself from a case involving his friend, Vice President Cheney. Scalia argued, "Since I do not believe my impartiality can reasonably be questioned, I do not think it would be proper for me to recuse." He argued he would recuse when, "on the basis of established principles and practices, I have said or done something which requires this course." That case did not involve allegations that Scalia had made pre-determined judgments on the legal issues at hand. Though a request for recusal can be submitted by one of parties to the Hamdan case, it is ultimately up to Scalia to determine for himself whether or not he will recuse. Should Scalia decide to recuse himself, it would leave the Court with seven justices to rule in Hamdan. (Chief Justice John Roberts has already recused himself from the case because he participated in a ruling on the case when he sat on the federal appeals court.)
    An update:

    Supreme Court hears challenge to military tribunals

    San Jose Mercury News BY CAROL ROSENBERG. WASHINGTON -

    In a key test of President Bush's war powers, the Supreme Court grappled Tuesday with whether the Pentagon's plan to try Osama bin Laden's ex-driver before a special military commission violates international law and the U.S. Constitution.

    Neal Katyal, the attorney for Salim Hamdan, argued that the Pentagon had concocted a charge - conspiracy - that isn't a war crime, had failed to grant Hamdan certain Geneva Conventions rights, such as prisoner-of-war status, and fell short of standards that Congress has set for how the United States must conduct either military or civilian justice.

    "This is a military commission that is literally unbounded by the laws, Constitution and treaties of the United States," he told the court. ...



    GOP Fraud, Lies, and Certitude: Sources and Affects

    by Len Hart, The Existentialist Cowboy

    The 14th-century philosopher William of Occam said Multiplicity ought not to be posited without necessity. In other words, the best hypothesis is the one with the fewest number of unproven assumptions. Simple folk complicate Occam in the name of 'simplification'. Occam did not say that the 'simplest' explanation is the best, nor did he say that the simplest explanation is always true.

    The key to Occam is the phrase: "...the fewest number of unproven assumptions". So called 'simple explanations' which assume as 'fact' propositions for which there is no evidence do violence to Occam's simple dictum: multiplicity ought not to be posited without necessity.

    Occam's razor is problematic for the conservative mentality accustomed to thinking in terms of absolute truths —a world of black or white, a world of you are either for us or against us, a world of if you are liberal you are a traitor! This mentality will discount a 'proposition' if conflicts with a pre-conceived notion, of one for which there is neither proof nor evidence. The GOP inclined, for example, will discount empirical evidence if it conflicts with cherished ideology. In other centuries, this 'top down' mentality burned witches, disemboweled heretics, and, more recently, in Kansas, forbids the teaching of biological science.

    In advance of his time, Occam introduced a measure of probability into the very concept of truth i.e., the simplest solution is most probably correct.

    Occam presaged Heisenberg's uncertainty principle by some 500 years or so. Heisenberg posited that either the position or the velocity of a sub-atomic particle may be known with certainty —but not both at the same instant. If one value is known, the other is only a probability. If the velocity is known precisely then the location may be expressed only as a probability inversely proportional to the degree to which the location is known.

    More recently, Gödel's Incompleteness Theorem strikes at the very heart of Russell and Whitehead's grounding of mathematics in pure logic. Gödel proved that in any formal system —consisting of a finite set of axioms and the meta-language in which the rules for inference are set —there will always be at least one true theorem that is not derivable by inference.

    Both developments harken back to Occam. Truth is always fuzzy but common-sense has always been the enemy of bigotry, moral certitude, propaganda and state-sponsored lies. That's because liars and moral absolutists have something in common: God and truth is always on their side. Or so they would have you believe.

    I would like to be as certain of one thing as Bush and Bushies are of all things. How is it possible that Bush and the GOP are so absolutely correct about all things as Bush would have you believe? The simplest and best explanation is simply: they are not! They know nothing. And what is known they lie about. Global warming is just such an issue. Bushies must surely know the truth of it but lie about it in order to protect a robber baron constituency of corporate sponsors.

    The falsehoods of the Bush administration can be classified as:
    • Deliberate, planned campaigns of lies, falsehoods and propaganda!
    • Incompetent mistakes!
    The war in Iraq is both. Colin Powell's infamous presentation to the United Nations was clearly a well-planned and orchestrated gestalt of deliberate lies based upon plagiarized student papers, exaggerations in which the Bush administration ignored evidence to the contrary, 20 old black and white satellite photos. The consequences have not yet dawned upon the American public and, indeed, even our elected officials.

    Let's try to make clear the significance of this series of lies. If Bush deliberately misled the American people and the world in order to justify his attack and invasion of Iraq, then the war, itself, is and continues to be, a crime against the peace. Its continuation is but a series of individual crimes against humanity. As such, it violates the Nuremberg Principles that the United States had insisted upon at the end of World War II. Violations of Nuremberg are criminal offenses in the United States, prohibited specifically by U.S. Codes, Section 2441.
    (a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.

    U.S Codes; Section 2441

    Bush's order to attack —whatever Congressional authorization he may claim —violates both Nuremberg and U.S. Codes. Moreover, if Bush lied to the American people and to the world, he lied also to Congress. Whatever was passed by Congress is, therefore, null and void by virtue of Bush's deliberate fraud, itself a deliberate subversion of the Constitution. As such, it is most certainly high treason.

    Sadly, the War against the people of Iraq is not the only fraud that Bush has perpetrated upon the world and the American people. A short list includes Global warming —about which the GOP and the oil industry waged a 15 year long campaign of lies and misinformation. Other lies, frauds, and hoaxes include the tax cut; faith-based initiatives; the unilateral and quite possibly illegal abrogation of Kyoto; "no child left behind"; his attack on Social Security; his illegal, unconstitutional widespread domestic wiretapping program; the Bush crack down on American civil liberties; his having arrogated unto himself the powers of judge, jury, and legislature.

    All are based on lies!

    All are illegal!

    All make up the gestalt of frauds that ARE the Bush administration!

    All make this administration the very worst in American history.

    All make this "President" a clear and present danger to America and to the world.

    An update:

    Bush lies - he wanted war

    For a long time, it seemed that I was the only blue-state person who did not think George Bush lied about how we came to invade Iraq. Then, last week, indomitable journalist Helen Thomas asked the President why he wanted "to go to war" from the moment he "stepped into the White House," and the President said, "You know, I didn't want war." With that, the last blue-state skeptic folded.

    I would not go so far as to say that Bush wanted war from Day One in the White House, but there is plenty of evidence he had Saddam on his mind and in his sights from the very moment he got the news of the 9/11 attacks.

    Richard Clarke, formerly the White House's chief anti-terrorism official, writes in his book "Against All Enemies" that within a day Bush was inquiring if Saddam might have had a hand in terrorist attacks. When told no, the President said testily, "Look into Iraq, Saddam."

    Bob Woodward's book "Plan of Attack" says that not only was Bush fixated on Iraq, but by Thanksgiving of 2001, he had told Donald Rumsfeld to prepare a plan to invade that country, but not to tell anyone. Rumsfeld said he would eventually have to take CIA director George Tenet into his confidence. "Fine," Woodward quotes Bush as saying, "but not now." ...

    When will Bush's lies be punished?

    Mar. 27, 2006 12:00 AM

    According to NBC news, the United States paid a six-figure salary to the Iranian foreign minister to keep us briefed on the situation in Baghdad.

    Moreover, it was reported that he told the United States well before our invasion that there were no weapons of mass destruction in Iraq, which turned out to be true.

    If this is so - and it would be amazing for NBC to report such news without factual support - Congress must immediately begin impeachment proceedings.

    For the president of the United States to have had prior knowledge of the lies he was telling us and still go to war would be treason of the highest order.

    When will the last of his lies be revealed?

    - Don McGuire, Glendale


    Image: irregulartimes.com