Category: Congress

English Parliament Balks At Obama’s Latest Demand For Military Intervention

220px-Houses.of.parliament.overall.arpPresident_Barack_ObamaWhile President Obama continues to maintain that only he decides what constitutes a war and requires consultation (let alone a declaration) from Congress, there remains a modicum of democratic process in England. The Obama Administration was surprised to learn that British Prime Minister David Cameron could not simply plunge his nation into another military conflict and that Parliament did not want to blindly follow the United States into attacking Syria. They would like to wait for all of the facts to be established by the United Nations before deciding how to act. It is of course a ridiculous notion that was long ago discarded in this country. If that was the approach in the United States, we would never have been able to invade Iraq on false pretenses and spend hundreds of billions in a war that has cost us tens of thousands of dead and wounded service members. Indeed, such knowledge is steadfastly avoided by our own politicians. By simply giving Bush a blank approval, politicians like Hillary Clinton and John Kerry could later deny that they really approved of the Iraq war and insist that they were misled by Bush.

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Single Mom Versus George W. Bush

George W. Bush

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

With all of the discussion we have had on his blog about the abandonment of the rule of law in this country, I was very interested when I read about a class action lawsuit that was filed in March of this year.  The case is Saleh v. Bush, and it was filed in an attempt to hold former President George W. Bush and five members of his administration responsible and liable for the damages incurred when Iraq was attacked by the United States and some of its allies in 2003.

“Saleh is the lead plaintiff in a class action lawsuit targeting six key members of the Bush Administration: George W. Bush, Richard Cheney, Donald Rumsfeld, Condoleezza Rice, Colin Powell, and Paul Wolfowitz. In Saleh v. Bush, she alleges that the Iraq War was not conducted in self-defense, did not have the appropriate authorization by the United Nations, and therefore constituted a “crime of aggression” under international law—a designation first set down in the Nuremberg Trials after World War II. The aim of the suit is simple: to achieve justice for Iraqis, and to show that no one, not even the president of the United States, is above the law.” Yes Magazine   Continue reading “Single Mom Versus George W. Bush”

Bigotry Denialism

Submitted By: Mike Spindell, Guest Blogger

Martin_Luther_King_Jr_NYWTSWhenever the subject of bigotry gets touched upon in this blog we see certain readers who will not only disagree with the premise that bigotry exists, but who will assert that those who claim it does, are the “real bigots.” Last week on the thread following Mike Appleton’s post “Racism Once Removed” http://jonathanturley.org/2013/08/11/racism-once-removed/ and the week before in my guest blog “Call Me Queer” http://jonathanturley.org/2013/08/03/call-me-queer/ , we saw numerous comments that not only denying that their viewpoint was unbiased, but that our assertions of bigotry were themselves bigoted. While Mike Appleton’s post dealt with racism and mine dealt with homosexual rights, the reactions to presenting these different topics were essentially the same. So much so, that what I saw clearly as racial prejudice even got inserted into what was a thread dealing with homosexual rights. My sense as to why these two disparate issues were conflated by the same people is the subject of this piece, as I will attempt to put the concept of prejudice into the context of the American political scene. For many of us, including me, bigotry is viewed as the stuff of irrational hatred, but I’ve begun to sense that this is too narrow a perspective on this phenomenon. In attempting to counter prejudice, we must first be aware of the dynamics involved and stop looking at prejudice as a monolithic structure.

Those who are the object of prejudice and scorn will no doubt find my distinctions to be of little moment as their lives are so hurt by this hatred. My own sense is that the reaction of Blacks, Latinos and Native Americans to this nation’s history of oppression has been relatively mild when compared to the murderous viciousness with which it has been imposed. It says much for these people of color that they have had the intelligence and restraint to understand they were dealing with an implacable enemy and act accordingly. As someone who views their struggles merely  from the outside I know what rage boils up in my gut when I see it and hear about it, quite frankly I don’t know how much restraint I would put on myself if I directly experienced the same oppression. With that caveat let me try to explain my thinking about the distinctions that need to be made when we look at the phenomena of prejudice in this country, from my understanding of it that has developed over a long lifetime and the panoply of changes that have occurred during my existence. Continue reading “Bigotry Denialism”

Schumer: Worry About Ticks Not Bugs

220px-Charles_Schumer_official_portrait220px-Ixodus_ricinus_5xYou know those Democratic members who are encouraging citizens to forget about warrantless surveillance (with the help of media allies who are calling for the country to simply “move on”). They seem to be struggling to find ways to change the story as President Obama proposes a facially meaningless set of “reforms” to lull the public back to a comfortable sleep. For civil libertarians, it seemed like Sen. Charles Schmuer was adding this week to the effort to get citizens to stop thinking about government bugs and start thinking about nature’s ticks. Schumer is calling on New Yorkers to check themselves and be vigilant in the face of the threat of ticks.

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Obama: Snowden Is No Patriot

President_Barack_Obama228px-Picture_of_Edward_SnowdenPresident Barack Obama on Friday seemed to acknowledge that the determined effort by the White House and Congress to demonize Edward Snowden has not exactly worked. The White House has put pressure on many people in this town to make clear that Snowden is not to be praised in the media or by members of Congress. Various reporters and new organizations have held the line in mocking Snowden or refusing to call him a “whistleblower” rather than a “leaker.”  After all, the fear seems to be that Snowden has to be a traitor or Obama would look like a tyrant. Even high-ranking members have been frog walked back before cameras for uttering a work of praise for Snowden. The problem is that it has convinced few people, even with alteration of Wikipedia and other sites to maintain the party line. Now Obama has come forward to assure people that Snowden is no patriot. No, I guess that title belongs to Obama and others who have engaged in warrantless surveillance and continue to mislead the public on the erosion of privacy and civil liberties. Those patriotic souls include John Clapper who lie under oath to mislead the public about the programs. He is not a perjurer but a patriot in America’s New Animal Farm. Notably, however, not a single reporter asked Obama about the perjury by Clapper. Instead, Obama laid out another set of meaningless measures designed to lull the public back into a comfortably and controllable sleep.

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Will Detroit’s Pensioners Lose out to Big Banks?

Seal_of_Detroit,_Michigan_svg

Respectfully Submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

On July 18th, 2013, the City of Detroit made news because the state appointed emergency manager officially filed for a Chapter 9 bankruptcy. “Detroit filed the largest municipal bankruptcy in U.S. history on Thursday, setting the stage for a costly court battle with creditors and opening a new chapter in the long struggle to revive the city that was the cradle of the American auto industry.

The bankruptcy, if approved by a federal judge, would force Detroit’s thousands of creditors into negotiations with the city’s Emergency Manager Kevyn Orr to resolve an estimated $18.5 billion in debt that has crippled Michigan’s largest city.” Tribune

There is no dispute that the City of Detroit has been mismanaged for years, but now that the Emergency Manager has filed the bankruptcy, just who will lose the most in the bankruptcy process?   Continue reading “Will Detroit’s Pensioners Lose out to Big Banks?”

Machines Don’t Leak: NSA Moves To Replace Humans With Machines To Stop Leaks

200px-national_security_agencysvg256px-HAL9000.svgNational Security Agency has been reeling from leaks showing massive warrantless surveillance programs capturing communications for every American. These disclosures have further shown that officials like National Intelligence Director John Clapper committed perjury before Congress, though the White House and Congress have protected him from any charge in America’s Animal Farm system. Now, NSA director General Keith Alexander has indicated that he has a solution. With the public saying that it is more afraid of the government than terrorists and NSA workers balking at participating in such authoritarian programs, Alexander wants to replace the workers with machines. Machines don’t leak. Indeed, they have no sympathy or morals at all. They are perfect. That would leave citizens as simply the objects rather than the objectors for surveillance. So, the Obama Administration has finally found the barrier to the creation of the perfect government: the citizens themselves.

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New York Times: Government Conducting Broader Searches Of Emails and Text Messages Than Previously Reported

President_Barack_ObamaOn the heels of President Barack Obama again assuring that public that there is no domestic surveillance programs on their communications, the New York Times is reporting even broader surveillance by the Administration than previously reported.

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A Whale of a Decision: The Obama Administration Turns Down Georgia Aquarium’s Permit On Whale Importation

220px-Beluga_premier.gov.ru-3It is with great joy that I can report the decision of the Obama Administration to turn down the controversial permit application of the Georiga Aquarium to import 18 beluga whales captured and held in Russia. I have had the honor of serving as lead counsel with the J.B. and Maurice C. Shapiro Environmental Law Clinic of The George Washington University Law School in representing an international consortium of scientists, environmentalists, and organizations in challenging the permit application and preparing for litigation to block any permit issuance. My colleague GW Law Professor Joan Schaffner, Director of the GW Law Animal Welfare Project, has joined me in this representation with a team of GW law students, including Tyler Sniff, one of our Shapiro Fellows and a recent graduate. The Administration and specifically the National Marine Fisheries Service (“NMFS”) deserves to be commended for this decision to protect the whale population from continued depletion by these live capture operations. Here is the press release from the National Oceanic and Atmospheric Administration (NOAA).

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Wikipedia: Effort To Change Description of Snowden From “Dissident” To “Traitor” Traced To U.S. Senate

article-0-1B1AC667000005DC-316_634x501The desperate efforts of Congress to change the public view of Edward Snowden appears to be continuing. This week someone in the Senate attempted to change the description of Snowden as a “dissident” to a “traitor” on Wikipedia. The White House and congressional leaders are clearly alarmed that many view Snowden as a whistleblower. The media groups like NPR previously yielded to pressure not to call Snowden a whistleblower and instead use the less flattering term “leaker.” However, that is not enough because it does not seem to have helped.

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The Most Important Court Case You May Never Have Heard Of

220px-Leon_Panetta,_official_DoD_photo_portrait,_2011

Respectfully submitted by Lawrence E. Rafferty (rafflaw)-Guest Blogger

It has not made a lot of noise in the main stream media, but recently, an important case filed jointly by the ACLU and the Center for Constitutional Rights challenging the Department of Justice and the Obama Administration’s drone war was argued in front of Judge Rosemary Collyer.  That case is Anwar Al-Aulaqi vs. Panetta, et al and it was filed in the United States District Court for the District of Columbia in 2012.  You can find the filing here.

What makes this case so important is that it was filed on behalf of the estate of a 16-year-old American citizen who was killed by an American drone strike, along with other victims,  in Yemen in 2011.  Recently the United States Department of Justice presented a defense that is quite striking.  Continue reading “The Most Important Court Case You May Never Have Heard Of”

DOJ Memo Reveals Effort To Block Trotsky Speech

220px-Trotsky_Portrait225px-fdr_in_1933The Atlantic Magazine has an interesting article out this week on a little known effort by the Administration to stop Americans from listening to a speech in Mexico by Leon Trotsky that would be transmitted over a telephone line. Assistant Solicitor General Golden W. Bell wrote the memo below stating that the Administration had no such authority. That was before the Office of Legal Counsel and the rest of the Department became more ambitious and less principled. Today they can find interpretations to allow the circumvention of the separation of powers, the assassination of citizens, the establishment of a torture program, and the maintenance of an Imperial Presidency.

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Meet XKeyscore: The Latest Massive Surveillance Program Of U.S. . . . As Reported In The Foreign Media

President_Barack_ObamaNational_Security_Agency.svgThis morning we have yet another article detailing a warrantless surveillance program by the National Security Agency that contradicts representations made by President Barack Obama and members of Congress. You may recall how Obama has tried to get citizens to embrace a new surveillance-friendly model of privacy after the disclosure of massive surveillance of citizens, including programs acquiring every call made by citizens. Various Democratic members came forward to admit that they knew of such programs and not to be afraid . . . they have our backs. Yet every story that has surfaced has contradicted claims that such programs are limited and do not involve the content of communications in emails and messages. The latest program being reported is called XKeyscore and is described as scouring emails, chat rooms, and browsing histories . . . all without a warrant. In the meantime, citizens in polls are saying that they are more concerned with the threat of their own government to their privacy than the threat of terrorism. Once again, citizens learned of this program not from their representative or their media but largely from the foreign press and the disclosures of Edward Snowden.

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Manning Acquitted Of Aiding The Enemy in Wikileaks Case

Bradley ManningAfter years of abuse in confinement from denying him a charge to denying him counsel, Pfc. Bradley Manning finally had a trial on the most serious charge against him: aiding the enemy. He was convicted on lesser charges. The verdict should again focus attention on the mistreatment of Manning by the Obama Administration for leaking classified reports and diplomatic cables. Many of these documents showed that the U.S. government was lying to the public and to its allies.

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The Student Loan Problem

Submitted By: Mike Spindell, Guest Blogger

ColumbiamanOne month before I was scheduled to begin my freshman year in College my mother died. My father had gone bankrupt in his automobile franchise the year before and was working as a car salesman. Money was tight, but I had won a full tuition scholarship under the New York State Regents Scholarship program.  While tuition was not a problem, there would be other costs associated with College, such as books and various student fees. My father found out about New York State’s student loan program and signed me up for a low amount of money, with the understanding that he would repay it. Due to his business failure my father had no way to get credit in his own name.  Ironically, one month before my sophomore year my father died. I was 18 years old and the only work I had ever done was as a “car jockey” at the dealership where my father worked.  There was little money in my father’s estate and I soon had to start school. I upped my student loan to the maximum allowed so that I would have living expenses until I could get a job to support myself through my remaining college years. Within two months, still reeling from the effect of being orphaned, I had gotten a job as a Night Watchman in a municipal hospital and arranged my course schedule around it. I lived in a furnished room, with a bathroom in a common hall, but my life slowly began to normalize. Later I got a job as a Clerk/Delivery boy in a liquor store, working 35 hours a week after school and making $32.50 plus tips, using my own car. I managed to scrimp by with the aid of taking out the maximum available student loans each year. The loans under the program them were from a bank, guaranteed by New York State. After I graduated I got a job for $6,000 a year and tried to pull my financial head above water. Six months after graduation though, I was notified by the bank that my student loan was to start being repaid, at a fixed rate that to me was a hardship financially. I went to the bank to ask to restructure the deal so I would pay less each month and they refused. It turned out that the New York State Student Loan plan was set in such a way that if the borrower defaulted the State would pay the bank the full amount immediately and then go after the borrower. It was therefore in the bank’s interest to have the student default, since they would get their return much more quickly.

Flash to many years down the road and my two daughters going to college. I was forced to take out student loans for their education, but I made each of them the promise that I, not they, would pay it back. This was of course the result of my own experience and I considered it my duty. I paid off my oldest daughter’s debt and am now paying off my youngest daughter’s debt. On my fixed income this is difficult. Both of them are working with good jobs, however, I don’t want my children to go through what I went through and would prefer they are not burdened by the costs of their education. Incidentally, they both worked part time when they went through college, although in both instances I didn’t want them to have to do so and that is only a minor part of why I am so proud of them. Which leads me to what is going on today with the Federal Student Loan Program, which brings in a surplus of $184 billion for the Federal Government. Call me what you will, but I don’t think that government should be a profit making enterprise and I certainly believe that it is in all of our interests to educate our children. At least one Senator feels the same way. Continue reading “The Student Loan Problem”