Civil libertarians have long objected to the continuation (and in some cases the expansion) of Bush policies in the national security areas by President Barack Obama. Obama has blocked the investigation and prosecution of Bush officials for torture, renewed the military tribunal system, extinguished dozens of public interest lawsuits against telecommunication companies and agencies as well as other controversial moves. Now, two former Bush officials are considered leading contenders to take over the FBI despite their involvement in some of the worst abuses during the Bush Administration. They are James Comey and Kenneth Wainstein. As discussed below, they are a case of the coronation of the one-eyed man as King of the land of the blind.
FBI Director Robert Mueller’s 10-year term expires on September 4th.
What is disturbing is how Comey has been embraced as a hero of civil liberties because he opposed Bush’s warrantless wiretapping program and threatened to resign. It is part of the relativism that set in during the Bush Administration. Before the Bush Administration, it would have been obvious and expected for all Justice Department attorneys to oppose a clearly unconstitutional program. However, in the Bush Administration, even the objection to unconstitutional acts suddenly transformed officials into instant civil libertarians despite their involvement in other abuses. This is an example of how, in the land of the blind, the one-eyed man is King. Comey was the one-eyed man.
Of course, Comey did not object to other aspects of the surveillance program deemed unconstitutional by civil libertarians. Moreover, while objecting to the surveillance program, Comey was the deputy attorney general involved in other abuses without a peep of protest. The most obvious was the case of Jose Padilla. Comey was personally involved in that case that shocked the world. Padilla was subjected to cruel treatment and was moved around the country to avoid judicial review. Comey and his staff adopted a series of conflicting arguments in court designed to avoid judicial review. Then, on the eve of a review by the Supreme Court, Comey dropped the prior charges and moved Padilla into the federal system on different claims. If you recall, Padilla was originally arrested under a claim by former Attorney General John Ashcroft that the Justice Department had stopped a nuclear attack on a major city. That claim was later denied by the White House. Yet, the Justice Department continued to hold and abuse Padilla.
In prior testimony, Comey made clear that he supported Padilla being denied access to the federal courts because he might win his release and take advantage of his constitutional rights:
Had we tried to make a case against Jose Padilla through our criminal justice system, something that I as the United States attorney in New York could not do at that time without jeopardizing intelligence sources, he would very likely have followed his lawyer’s advice and said nothing, which would have been his constitutional right. He would likely have ended up a free man, with our only hope being to try to follow him 24 hours a day, seven days a week and hope — pray, really — that we didn’t lose him.
Of course, he was ultimately charged with a federal crime and convicted. This occurred only after the Justice Department succeeded (under Comey’s direction) in evading review of his mistreatment and long confinement without access to counsel or the courts. Is this the model that we want for FBI Director?
For his part, Kenneth Wainstein was Assistant to the President for Homeland Security and Counterterrorism and held various national security positions with President Bush during the periods of greatest abuse of detainees and civil liberties. Wainstein did not resign in the face of those abuses but continued to advance the policies. Since leaving, he has shown the same casual view of constitutional claims, such as his view that Wikileaks can and should be prosecuted: ““By clearly showing how WikiLeaks is fundamentally different, the government should be able to demonstrate that any prosecution here is the exception and is not the sign of a more aggressive prosecution effort against the press.” Most scholars and civil libertarians see a far more difficult case over Wikileaks that threaten first amendment rights. In his testimony, Wainstein continued the Bush-era approach of avoiding the constitutional question by attacking the defendant. Wainstein cited public statements by Julian Assange and assured Congress that this is not a concern over free speech or free press because the disclosures were “more personal rather than simply a public-minded agenda.” It is a dangerous argument since you could take the same tact for any reporter and seeks to avoid the constitutional analysis by engaging in an ad hominem attack.
Wainstein and Comey did raise concerns over the torture of detainees but notably did not threaten to resign over such abuses. They continued to advance policies that were condemned by civil libertarians around the world.
I cannot say that I am optimistic given Obama’s record. He continues to court the conservative base on the theory that liberals have to vote for him in the next election. Indeed, objections from civil libertarians are most likely to increase the attraction to these nominees.
Jonathan Turley
You are mean, sneaky and malevolent, your conscience is shorter than Dick Cheneys and your half as intelligent. So Fuck Off, Deal? You stay away from mentioning me and I’ll do the same….Understand dick face?
So tell us how you really feel 🙂
Thanks Mike. I am much more afraid of the tea party than Obama. I am not so much pro-Obama as anti-tea party. Buddha can speak for himself but I see his views as every bit as anti-democrat as anti-tea party. My fear is that people will sit back and not vote in 2012 or waste their vote and let the tea party take over. I need to resume my vacation. I have already been around this block too many times. I had a Jewish father in law that I took care of in old age who faced much discrimination even in Chicago.
Badamn,
I did not misread your post. Playing with Mike just like when you called him a Christ Killer and you wanted to get your digs in with me….I know how people like you operate and for one I do not like them. You can say you are in the top 10, I pity people of your caliber as you are always waiting for people to screw you…so you figure its ok, so long as you screw them first because they were going to do it to you all along…
Swarthmore Mom,
“This blog is the wrong place for me. I think I need a vacation from it. Slarti left but I am taking a break. It is too negative…. ovens.”
Don’t let the haters get you down!
Bdaman,
As you are the resident Asswipe…there is probably not a chance in hell that you misread the post. You are mean, sneaky and malevolent, your conscience is shorter than Dick Cheneys and your half as intelligent. So Fuck Off, Deal? You stay away from mentioning me and I’ll do the same….Understand dick face?
Swathmore Mom you just had a vacation in sunny Florida 🙂
Sorry misread the post
Mike I’m sure it was just a slip on Buddha’s part. You and I have shown the blog how olive branches are extended. I felt the same way you feel a few weeks ago watching AY and Vince get into it. Take a break Mike and enjoy the outside. You’ve been through alot in the last year and deserve some of the finer things in life. Just don’t stay gone too long. All my best !!!!!!!
Mike S.,
Great points….I think she should stay…However there were some folks that have taken liberty of asshole shots at her postings…Disagree with a person on Principal or the stand…but not the person….I think you know what I mean….
As much as Slarti is missed…he is always welcomed back…as you are aware, when a subject does not interest me…I usually stay out of the conversation….
However, when something interest me…I stay and fight…even survived being called stupid…basically….what was interesting is on that one I stayed and the other person left….it cuts both ways……
Elaine,
Great news on the Posner decision. That is two good decisions in a row now. Maybe the rule of law is making a comeback?!
“This blog is the wrong place for me. I think I need a vacation from it. Slarti left but I am taking a break. It is too negative…. ovens.”
SwM,
I would miss your contributions here greatly and Buckeyes for that matter, but a persons gotta do what a persons gotta do (too many Westerns in my formative years). While Buddha’s ovens metaphor seems to be over the top, in context of all that has been happening lately, I do believe there is great cause for alarm.
As a Jew and with a knowledge of Jewish history, I’ve learned that in many eras and in many places Jews felt comfortable in their environment and assumed themselves average citizens. Yet in Spain, England, Germany and almost all of Europe, these feelings of comfort ended in disaster. In all of Jewish history
yet, America has by far been the most comfortable environment, where Jews have felt not just tolerated, but accepted by the citizenry.
Nevertheless, until the mid 50’s “Jews Not Wanted” signs were posted on many establishments in the South and Southwest. Jews were characterized in stereotypical terms as ugly people, weak, short of stature, with long noses. I was called “Christ-Killer” on numerous occasions in Middle School. This did change, assisted by the media images of Paul Newman (not religiously Jewish but assumed to be), Kirk Douglas, Milton Berle, Jerry
Lewis, etc.. However that has only been in the last six decades. While Jews were never mistreated to an extent approaching Blacks, or Native Americans, we did have the advantage of white skin and the ability if desired to change Schwartz to Smith.
I use this only as background to my main point which is that even in this land where my parents were born and where I feel so comfortable, my knowledge of the tides of history leave me with a weak, yet underlying feeling of dread for my progeny’s future. We are beloved today by most Fundamentalist Christians, as is Israel as now constituted. This “love” of course has an undertone of the Book of Revelations, conversion and the signs of Armageddon. The “love” could easily transform itself to hate, as shown by Martin Luther’s “love” turned to persecution, when he didn’t find the Jews rushing to convert.
However, that’s just my ethnic dread talking and so cannot be assumed as a universal truth governing the vast majority of Americans. Yet Latino’s, Blacks and Asians at this point represent what is, or will be a majority of the population of the US. The prejudice towards these groups by many “white” Americans is obvious. Gays too are as much icons of hatred to many Americans, as they are accepted by many others. Given the
terrible economic times thrust upon us by the wealthy elite of this country and with the knowledge that bad economies create a fierce competition between ethnicities, is it really so hard to imagine what will occur if the Teabaggers and the those of the Koch Brothers ilk gain further power? I think not and apparently Buddha is of similar mind.
I firmly believe that the country stands at the precipice of feudalism and feudalism and ethnic cleansing have always gone hand in hand. Alternatively, I don’t really believe that who ever is appointed FBI Chief will be a tipping point towards overt feudalism. Nevertheless, to me the signs are ominous and so I think the “ovens” metaphor is illustrative of future possibilities. This reality needs to be faced and also the Republican Party as currently constituted is the harbinger of those dire possibilities. I am a registered Democrat, with family ties to particular Democratic politicians. I cried the night Obama’s election became certain. Yet I am angry at many Democratic politicians (Nancy Pelosi isn’t one of them)for their lack of ability to lead, or to stand up to the bullies of future repression and I continue to express that.
All that being said I am as sad at yours and Buckeye’s plans of departure, as I am glad at Buddha’s recovery.
SWM,
Sit a spell, stay around….Take your shoes off..enjoy yourself…its time for the Brian and Buddha Show…..
I amaze myself…..
Should I give Buddha first billing….as in its Time For the Buddha and Brian Show….
Blouise, I am only on vacation from the blog. If you want my email ask AY for it when he calls you the next time. Miss you,too, Blouise.
Re: Protesters:
Patience …
From Huffington Post
On Iraq War Anniversary, Judge Allows Suit By Rioters Against City Of Chicago To Go Forward
http://www.huffingtonpost.com/2011/03/21/on-iraq-war-anniversary-j_n_838632.html
Excerpt:
Just days before the eighth anniversary of the United States’ invasion of Iraq, a panel of appellate court judges ruled that a group of protesters from the war’s earliest days can sue the city of Chicago for mass arrests during that unrest.
Judge Richard Posner overturned a lower court decision to throw out the class-action suit by the over 900 people who were arrested on March 20, 2003, protesting the beginning of the war. The ruling in favor of the city “was erroneous and must therefore be reversed,” Posner wrote.
Eight years ago, protesters gathered for a spontaneous rally downtown as soon as the invasion began. City ordinance requires that even for impromptu gatherings, a permit be sought two days in advance, but as the decision reads, police often informally waive this requirement to allow protests that gather at a moment’s notice.
SwM,
Am I to defend Pelosi all by myself?
I want what is best for you … if leaving is what is best then know that I will miss you terribly … terribly. And what Elaine said.
For the record, the only reason I would ever send anyone to the ovens is to see if the cookies are done.
What Elaine said!
“Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.” – Thomas Jefferson
Ne nuntium necare. Sophocles once noted that “Truly, to tell lies is not honorable; But when the truth entails tremendous ruin, to speak dishonorably is pardonable.” While there is wisdom in softening the blows of ruin, I seek no pardon for my honesty. We are not children here and the stakes are far too great to be dishonest in the name of mercy when the very fabric of our country – the very essence of what sets our waning Constitutional democracy apart from the common tyrannies of the world – is under attack purposefully, from within and from all corners of political and corporate establishment.
I just calls ’em likes I sees ’em.
Or to quote Victor Hugo, “The guilty one is not he who commits the sin, but the one who causes the darkness.”
I would love nothing more than to be completely and utterly wrong about the dark path upon which we as a nation tread further each day. But when you ignore the monsters under the bed? Do you make excuses when you hear their claws on along the baseboard? For it was surely just the wind brushing a branch against the house? Wasn’t it? Surely there is no monster really there?
There as no such things as monsters.
Monsters can’t happen here.
It can’t happen here.
Can it?
Or we can discuss the ever encroaching night and heed again the words of Jefferson to “[e]nlighten the people generally, and tyranny and oppressions of body and mind will vanish like evil spirits at the dawn of day.” As darkness is not the opposite of light, it is the absence of light.
One cannot know the darkness without first naming it.
Absolute power is gained easiest when there is no challenge under the cover of night.
As ever, your company is always welcome and will be missed, but I support your freedom of choice.
I will continue to do so even beyond the point at which those in corrupted power will tell you that you have none left.
SM, everyone is on a learning curve with DK4. The search function is still too buggy to be useful plus a lot of other stuff does not work the way it should. Why do you suppose Cranky Users is such a popular forum? 😉
http://www.dailykos.com/blog/Cranky%20Users
The administrators are working around the clock to get the kinks worked out. The reason for the change was that it had gotten so big that people were limited to one diary a day, and even then the ‘Recent Diaries’ scrolled off with warp speed. The new one has better search functions for recent diaries and the recommended list. If you click Diaries at the top, it goes directly to the diaries list. On that page, you can see the recommended today, this week, and all time. Those links take you to a Recommended list that goes back further than what shows on the front page. It is now a gigantic site but the design is such as to make it easier to find and join groups and to find your favorite topics.