Democrashield.com


Invisible Reform

Ohio’s Republican Senate candidate, Rob Portman, goes extremely off-message talking about the GOP’s health care reform plan:

“I will tell you, I don’t think there is a Republican alternative at this point,” he said. He said he reached that conclusion after talking to Senate leaders and lawmakers about the GOP’s position. “There isn’t one,” he said.

You heard it straight from the elephant’s mouth: the Democrats have a health care reform plan and the Republicans don’t. So not only is the GOP the Party of No, they’re also the Party of No Ideas.

But hey, they have talking points. Because there’s the modern GOP for you, putting hollow messaging over real reform.

No wonder these guys are in the minority.

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White Flags As Far As The Eye Can See

It looks like that, in the wake of Judge Sotomayor’s accomplished academic and judicial records, her abundance of experience, moderate stances and bipartisan history, the GOP is giving up the fight against her nomination to the Supreme Court:

Top Senate Republican strategists tell POLITICO that, barring unknown facts about Judge Sonia Sotomayor, the GOP plans no scorched-earth opposition to her confirmation as a Supreme Court justice.

More than 24 hours after the White House unveiling, no senator has come out in opposition to Sotomayor’s confirmation.

“The sentiment is overwhelming that the Senate should do due diligence but should not make a mountain out of a molehill,” said a top Senate Republican aide. “If there’s no ‘there’ there, we shouldn’t try to create one.”

[...]

However, senators on both sides said they are confident that unless the process takes some startling turn, Sotomayor will be confirmed in plenty of time for the court’s opening on the fabled first Monday in October.

[...]

Republicans’ only hope of derailing Sotomayor would be a filibuster — a move countless Republicans have opposed in the context of judicial nominees. And even if they took that route, they are virtually certain to lose badly.

Republicans have 40 votes in the Senate — and it’s hard to imagine someone like Sen. Olympia Snowe (R-Maine) or anyone from a state with big Hispanic population blocking the judge.

[Emphasis mine]

The GOP would have very little power to block Sotomayor even if they had some kind of solid ground upon which to oppose her.

If out-of-context quotes are garbage made-up statistics about ‘reversal rates’ are the most conservatives can lob against a 17-year veteran of the federal bench, then Judge Sotomayor has nothing to worry about.

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Republicans In Bad Faith
May 27, 2009, 9:51 PM
Filed under: Uncategorized

It’s been less than 48 hours since President Barack Obama nominated Judge Sonia Sotomayor to the Supreme Court.

Sotomayor graduated summa cum laude from Princeton and got her J.D. from Yale Law School, where she was editor of the Yale Law Journal.

Judge Sotomayor has been a federal judge for nearly 17 years–she has more federal judicial service under her belt than any other sitting Supreme Court Justice had when they were nominated.

But here we are, less than 2 days from her nomination, and conservatives have smeared Sotomayor as “incompetent”, “unqualified”, “racist”, “sexist”, “bigoted”, a “judicial activist”, etc.

Republicans are ignoring Judge Sotomayor’s long, accomplished academic career and longer, more accomplished judicial career in order to launch superfluous political smears based on nothing substantive.

The GOP isn’t even saying they’re going to reserve their judgment until Judge Sotomayor testifies before the Senate Judiciary Committee. They have had nearly no time to review her record as a federal judge, yet they have already declared her unfit to serve on the Supreme Court.

Where is all this unwarranted, unprecedented hostility coming from? This exchange between MSNBC’s David Shuster and Judicial Watch’s Tom Fitton explains it all:

David Shuster: “What evidence do you have that she would put her feelings and politics above the rule of law?”

Tom Fitton: “Because President Obama chose her.”

Judge Sotomayor is absolutely, undeniably qualified to serve on the Supreme Court, period.  I doubt conservatives will find anything substantive in her judicial record–if they even get around to looking at it–that will undermine that.

(I mean, it’s not like Judge Sotomayor voted to uphold police strip-searches of children, unlike Judges Roberts and Alito did in Hedgepeth v. Washington Metropolitan Area Transit Authority and Doe v. Groody, respectively)

Republicans are acting in bad faith, period. They would have tried equally hard to torpedo anyone President Obama appointed to the Supreme Court, no matter what their record, accomplishments, or judicial philosophy were.

And, in all likelihood, if the GOP goes to the bat to oppose Sonia Sotomayor, they will fail. In the past 30 years, only 3 Supreme Court nominees have failed to make it to the high court, and only one of those was rejected; the other two withdrew their names from consideration.

Plus, the GOP is extraordinarily weakened–they have only 40 Senators, meaning that they would have to maintain total party unity to successfully filibuster Judge Sotomayor, an extraordinarily unlikely prospect.  And with only 7 seats on the Judiciary Committee–as opposed to the Democrats’ 12–it’s extremely unlikely they’ll be able to block her in committee, either.

So, with all probability, despite the GOP’s sound and fury, Judge Sonia Sotomayor will be seated on the Supreme Court.  And if the GOP mounts an all-out defense, history will remember that the Republican Party attempted to filibuster the first Hispanic woman to be appointed to the United States Supreme Court–a woman who, in the end, won’t be much more liberal than the man she is to replace.

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Debunking Right-Wing Talking Points On Judge Sotomayor

Let’s debunk some right-wing talking points on Judge Sonia Sotomayor, shall we?

Judge Sotomayor said that the appeals courts make policy! That proves she’s an activist judge!

While it’s true that Judge Sotomayor said:

All of the legal defense funds out there, they are looking for people with court of appeals experience because the court of appeals is where policy is made

She did follow that up with:

I’m not promoting it. I’m not advocating it.

In addition:

She’s not wrong,” said Jeffrey Segal, a professor of law at Stony Brook University. “Of course they make policy… You can, on one hand, say Congress makes the law and the court interprets it. But on the other hand the law is not always clear. And in clarifying those laws, the courts make policy.”

[...]

Eric Freedman, a law professor at Hofstra University, was equally dismissive of this emerging conservative talking point. “She was saying something which is the absolute judicial equivalent of saying the sun rises each morning. It is not a controversial proposition at all that the overwhelming quantity of law making work in the federal system is done by the court of appeals… It is thoroughly uncontroversial to anyone other than a determined demagogue.”

[Emphasis mine]

Sotomayor said that Latina judges are better than white male judges! That’s racist!

It’s true that Judge Sotomayor said:

I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

Actually, the full sentence is:

Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

Looks like we’re missing some context here; keep in mind that Judge Sotomayor was discussing race and sex discrimination cases when she made these remarks:

Whether born from experience or inherent physiological or cultural differences, a possibility I abhor less or discount less than my colleague Judge Cedarbaum, our gender and national origins may and will make a difference in our judging. Justice [Sandra Day] O’Connor has often been cited as saying that a wise old man and wise old woman will reach the same conclusion in deciding cases. I am not so sure Justice O’Connor is the author of that line since Professor Resnik attributes that line to Supreme Court Justice Coyle. I am also not so sure that I agree with the statement. First, as Professor Martha Minnow has noted, there can never be a universal definition of wise. Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life.

Let us not forget that wise men like Oliver Wendell Holmes and Justice [Benjamin] Cardozo voted on cases which upheld both sex and race discrimination in our society. Until 1972, no Supreme Court case ever upheld the claim of a woman in a gender discrimination case. I, like Professor Carter, believe that we should not be so myopic as to believe that others of different experiences or backgrounds are incapable of understanding the values and needs of people from a different group. Many are so capable. As Judge Cedarbaum pointed out to me, nine white men on the Supreme Court in the past have done so on many occasions and on many issues including Brown.

[Emphasis mine]

Sounds a lot less controversial when you put everything in context, huh?

Many of Sotomayor’s rulings have been overturned upon appeal, which proves that she’s an inferior judge.

Actually, Judge Sotomayor’s record on reversals is far above average:

Over each of the last several terms, the [Supreme Court] has reversed 75% of the cases that have come before it.

[...]

Sotomayor’s decisions were upheld far more frequently than the norm. Apparently, out of the 380-odd opinions she penned while on the Second Circuit, the Supreme Court granted cert on just six. And of those six, Sotomayor was reversed on only three. That’s a .500 batting average

[Emphasis mine]

So while the Supreme Court reverses 75% of the rulings they review, they have reversed only 50% of Sotomayor’s rulings they reviewed.

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BREAKING: Obama Picks Sotomayor For SCOTUS (UPDATED X6)

President Barack Obama has nominated Judge Sonia Sotomayor, of the Second Circuit Court of Appeals, to replace David Souter as an Associate Justice of the Supreme Court.

A few things to keep in mind:

  • Judge Sotomayor has a strong history of bipartisan support–she was nominated to her current position by President Bill Clinton; before that, she was nominated to the U.S. District Court for the Southern District of New York by President George H. W. Bush.
  • This makes Sonia Sotomayor more bipartisan than John Roberts, who was nominated to the D.C. Circuit court by George W. Bush, who then nominated him to the Supreme Court.
  • This also makes Judge Sotomayor more bipartisan than Samuel Alito, who was nominated for the Third Circuit Court of Appeals by President George H. W. Bush and nominated to the Supreme Court by President George W. Bush.
  • When George W. Bush was making court appointments, conservatives claimed that the Senate’s constitutional duty to provide “advice and consent” on judicial nominees meant that they could only oppose a court nominee if he/she were unqualified, not due to ideological differences. Conservatives also claimed that filibustering judicial nominees was unconstitutional, demanding a definitive “up or down” vote on all nominees. When the possibility of a Democratic filibuster arose, Republicans threatened to eliminate the filibuster entirely for this very reason.
  • No matter who President Obama nominated–whether he chose a judge with broad bipartisan support like Sotomayor or someone more ideological–conservatives were going to call that nominee a “liberal” and an “activist judge.” Conservatives aren’t interested in determining whether or not Judge Sotomayor is fit to serve (since she undeniably is); they’re interested in smearing her for no other reason than the fact that she was appointed by a Democratic President.
  • UPDATE: Another important point: Judge Sotomayor has been a member of the federal judiciary longer than any other sitting Supreme Court Justice had at the time of their nomination.

UPDATE: The only solid criticism conservatives have been able to make about Sotomayor was her ruling that the City of New Haven could throw out its promotional test for firefighters and start over with a new test, since the city believed the test had a “disparate impact” on minority firefighters and they feared that those minority firefighters could sue.

That doesn’t exactly seem like a slam-dunk disqualifier to me or doctrinaire liberal ruling to me. Frankly, if that’s the most Republicans can criticize Sotomayor on then I don’t think she or President Obama have much to worry about.

UPDATE II: Here’s more proof that Judge Sotomayor, contrary to the right’s talking points, is not some kind of hard-line far left doctrinaire liberal:

  • In Center for Reproductive Law and Policy v. Bush, Judge Sotomayor voted to uphold the Bush administration Mexico City policy, which requires foreign organizations receiving U.S. funds to “neither perform nor actively promote abortion as a method of family planning in other nations,” as constitutional.
  • Judge Sotomayor dissented in Pappas v. Giuliani, claiming that the NYPD could not terminate an employee from his desk job for sending racist materials through the mail, since the First Amendment protects speech by the employee “away from the office, on [his] own time,” even if that speech was “offensive, hateful, and insulting.”

In other words, contrary to what the GOP would have you believe, Judge Sotomayor seems like a fair-minded legal scholar with significant respect for the Constitution and the rule of law.

UPDATE III: And let’s keep in mind some of John Roberts’ and Samuel Alito’s more controversial rulings before they were appointed to the Supreme Court:

  • In Hedgepeth v. Washington Metropolitan Area Transit Authority, Roberts ruled that it was constitutional for police to strip-search a 12-year-old girl for violating the Washington Metro’s zero-tolerance policy toward eating food in subway stations.
  • In Doe v. Groody, Alito claimed that it was constitutional for police to strip-search a mother and her 10-year-old daughter while they were carrying out a search warrant for the house they lived in.
  • In Chadwick v. Janecka, Alito held that that there was “no federal constitutional bar” to the “indefinite confinement” of a man imprisoned for civil contempt because he claimed he could not pay his $2.5 million debt to his wife.

I doubt you could nominate someone to the Supreme Court who doesn’t have some kind of controversial opinion or ruling in their past.

Yet, Congress has confirmed nominees with some objectionable rulings/opinions to the Supreme Court. Just because Republicans can find one or two of Sotomayor’s opinions they disagree with doesn’t–and shouldn’t–disqualify her from serving on the Supreme Court.

UPDATE IV: The following eight Republican Senators voted to confirm Sotomayor for the Second Circuit Court of Appeals:

Bennett (Utah)
Cochran
Collins
Gregg
Hatch
Lugar
Snowe
Specter (has since switched to the Democrats)

In other words, the GOP won’t be able to defeat Sotomayor’s nomination without several instances of stunning legislative hypocrisy.

UPDATE V: MSNBC just talked to Senator Orrin Hatch, one of the eight Republicans who voted to confirm Judge Sotomayor in 1998. He brought up two points that I think need to be dealt with:

Sonia Sotomayor was only nominated to the federal bench by George H. W. Bush so that Senate Democrats would confirm one of Bush’s more conservative nominees.

Regardless, Sonia Sotomayor was nominated to the federal bench by a Republican President. Every judicial nomination is affected politics and political calculations, but George H. W. Bush still thought Sotomayor was accomplished, qualified, and had the appropriate temperament and respect for the rule of law to serve as a federal judge.

While some Republican Senators voted to confirm Judge Sotomayor to the Second District Court of Appeals, that court is far less important than the Supreme Court; thus, Sotomayor now should be held to different standards.

Actually, I’d argue that federal courts of appeal are extraordinarily important considering that the Supreme Court only accepts about 1% of the cases that are brought before it. In other words, federal courts of appeal are far more often the last resort for major constitutional cases than the Supreme Court.

I’m not claiming that every federal appeals court judge is automatically qualified to be a Supreme Court justice, but it’s pretty appalling for Republicans to claim they only voted to confirm Sonia Sotomayor because the Second Circuit Court of Appeal wasn’t worth their opposition.

UPDATE VI: And the RNC boneheadedly sent their Sotomayor talking points to the press, so feel free to take a gander at their playbook for sinking the Sotomayor nomination.

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Closing Guantanamo (UPDATED X2)

Once again, the GOP is engaging in blatant dishonesty–this time about the President’s plan to close the Guantanamo Bay detention center and relocate its inmates.

The Republicans pretend like the Obama administration is proposing to just dump these guys off on a corner in Duluth or something is some of the most idiotic, willfully dishonest garbage I’ve ever heard. We Democrats are proposing putting these guys in supermax prisons, which are the most secure prisons in the world designed to house the worst of the worst; anyone who talks about releasing Guantanamo detainees “on American soil” or “into our communities” is misleading the public.

One of Dick Cheney’s main points today was that Guantanamo detainees are nothing like anyone we’ve ever dealt with before–but that’s just not true. America has been imprisoning terrorists in supermax prisons for decades: domestic terrorists like Eric Rudolph, Timothy McVeigh, Terry Nichols and Ted Kaczynski have all been kept in supermax.

We’ve also been holding Islamic jihadists in supermax prisons–Ramzi Yousef and Omar Abdel-Ragman, the men behind the 1993 WTC bombing, are in supermax prisons. So is 9-11 plotter Zacarias Moussaoui and Abdul Hakim Murad, an Al-Qaeda terrorist who planned to shoot 12 airlines out of the sky within a 48-hour period. And in the decades those men have been in supermax prisons, none of them have escaped, organized another terrorist attack, etc.

Republicans also pretend like we’ve never released anyone from Guantanamo before. In fact, before leaving office the Bush administration released nearly 500 Guantanamo detainees. In other words, George W. Bush released more people from Guantanamo than are currently being kept there. So why is moving detainees out of Guantanamo suddenly so controversial?

And, arguably, the Bush administration was more reckless in removing detainees from Guantanamo than the Obama administration will be–take this article from mid-January:

Six detainees were released from the U.S. military’s detention center at Guantanamo Bay, Cuba, the Department of Defense said Saturday.

Four of the men were transferred to Iraq, one to Algeria and one to Afghanistan, a military spokesman said.

[Emphasis mine]

So George W. Bush sent Guantanamo detainees back to the countries they came from, while Barack Obama wants to try them in American courts and put them in American prisons, which are the most secure in the world. You tell me–would you rather Guantanamo detainees be sent back to their home countries and have God knows what happen to them, or would you rather see them put on trial and incarcerated somewhere they will never leave?

The last stupid talking point I’ve heard is that, if you put Guantanamo detainees in American prisons, they’ll “radicalize” the prison population. But we’re talking about putting them in supermax prisons, which are nothing like the prisons you see on TV: supermax prisoners have very little contact with one another. They’re kept in tiny cells for 23 hours a day and are given only one hour of exercise in small, solitary exercise rooms.

Plus, jihadists are already kept in a separate area of the prison for just that reason:

A correctional officer at ADX told me that inmates are placed on the same range based on their compatibility. Another clue as to why jihadists are housed together comes from Bureau of Prisons director Harley Lappin’s 2003 testimony to the Senate Judiciary Committee. He said that his department’s strategy was to ensure that “inmates with terrorist ties do not have the opportunity to radicalize or recruit other inmates.” They are kept at ADX because, he noted, it’s “our most secure facility.”

[Emphasis mine]

In other words, nothing has changed–the Republicans are still as misleading and dishonest as ever. Once again, Republicans are playing political games with America’s national security and–to use their phrasing–undermining the President during wartime. Nobody who was part of (or even supported) the Bush administration can be trusted on this issue–shuttering Guantanamo while preserving America’s national security would be a huge blow to Bushism as a national security strategy, which is why Republicans are fighting so hard to make sure that Guantanamo stays open. It’s classic, craven, conservative CYA.

UPDATE: As for the “nobody will take Guantanamo detainees” argument–well, like I said, the supermax facility in Florence, Colorado, already houses Islamic terrorists.

Plus, there’s the town of Hardin, Montana:

Economic development officials in Hardin are looking at the soon-to-close detention facility in Guantanamo Bay as a possible fix for the jail sitting empty in Hardin.

[...]

Meanwhile, a 460-bed detention facility sits empty in Hardin. Built by Two Rivers Authority, the city’s economic development arm, the facility was meant to bring economic development to Hardin by creating more than 100 high-paying jobs.

While leaders continue to look for contracts to open the jail, which was completed in 2007, people in Hardin have approached Two Rivers executive director Greg Smith saying they have the answer: Get the contract to hold those prisoners from Guantanamo.

[...]

The Hardin City Council voted Tuesday to support Two Rivers’ efforts.

The council resolution states that the city “fully supports the efforts of the Two Rivers Authority to contact State and Federal officials for the purpose of inquiring into the possibility of housing Guantanamo detainees at the Two Rivers Authority in Hardin, Montana, and to determine whether the Two Rivers Detention Center could provide a safe and secure environment for housing said detainees.”

UPDATE II: As most of you have probably heard, the FBI recently broke up a terror plot being assembled by a group of homegrown Muslim converts.

The FBI went undercover in order to bust the plot, successfully foiling it before any damage could be done or any harm brought upon American citizens.

The alleged perpetrators have been arrested and will be tried in American courts; if guilty, they will be put in high-security American jails.

Most importantly, nobody had to be tortured or waterboarded for this plot to be prevented.  Event though this plot involved an impending terrorist attack on American soil, it was the FBI, not the CIA or the Pentagon or anyone like that, who stepped in and kept America safe.

Even though these men are jihadists who wish to wage war against the United States, none of them will be thrown in Guantanamo Bay. They are going to be tried under American law and, when convicted, placed in America’s most secure jails; personally, I hope they end up in Florence’s supermax facility.

What this shows us is that both torture and Guantanamo Bay are unnecessary. We are fully capable of investigating and foiling terrorist attacks and incarcerating those responsible without having to break our laws or sacrifice our values.  Whenever the GOP drags out their talking points about torture or Guantanamo, keep this story in mind.

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GOP “Class” & “Dignity”

I almost missed this little gem from RNC Chair Michael Steele’s speech yesterday:

While promising a more aggressive approach, Steele also insisted that Republicans will show “class” in countering Obama.

“We are going to take this president on with dignity. This will be a very sharp and marked contrast to the shabby and classless way that the Democrats and the far left spoke of President Bush.”

Ladies and gentlemen, courtesy of last month’s tax day tea parties, here’s the GOP’s “class” and “dignity”:

CLASS1

CLASS2

CLASS4

CLASS7

CLASS8

CLASS9

CLASS3

CLASS5

CLASS6

I eagerly await either Michael Steele’s explanation of how this constitutes class and dignity, or his full-throated denunciation of the tea party protests in the name of class and dignity.

Of course, in the interest of living, I won’t hold my breath.

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The Pelosi Diversion

So DC is consumed with trying to figure out what House Speaker Nancy Pelosi knew about torture and when.

Strange, since I thought that the people who committed crimes were more important than the people who heard about them.

Still, what led to this media-created firestorm? First, some Congressional Democrats–Pelosi included–discussed launching a truth commission to determine who was responsible for the authorization/implementation of torture.

Second, the CIA released several documents showing that Pelosi and other Congressional Democrats were briefed on “enhanced interrogation techniques” in 2002. There was no indication which techniques were described, nor was there indication of whether Congress was told those techniques were purely hypothetical or being implemented.

Nonetheless, Republicans jumped on the documents of proof that Speaker Pelosi knew about waterboarding in 2002 and was therefore somewhat culpable in the torture coverup.  But that conclusion isn’t borne out by the evidence–it makes assumptions about what was in those briefings that aren’t grounded in reality.

The CIA  alleged that Congress was told exactly what they were doing; Pelosi contradicted them and said the CIA was misleading the public, just like they had mislead Congress in 2002. Since there are no solid records of what the CIA told Congress–since these were classified intelligence briefings–we don’t know who is telling the truth.

Conservatives are taking the CIA’s side because it’s politically advantageous to them, but it’s not very sensible. It’s hardly as if the CIA is an objective, unbiased player in all this–doesn’t it serve the CIA’s interest to divert attention away from the implementation of torture and onto a political sideshow? I mean, if there was a comprehensive investigation into torture, wouldn’t it put the entire CIA under a microscope? They have a vested interest in clouding up the investigation with political posturing and conflict, since it saves them from having to confront–and be held responsible for–their role in torture.

Plus, the CIA is pulling together records of these briefings from whatever they have lying around from 2002.  Remember, the CIA circa 2002 wasn’t a bastion of competence and credibility; that was about the same time they were gathering the faulty intelligence that led to the Iraq War. As much as John Boehner may cry about the poor maligned “intelligence professionals” I don’t think you can give them the benefit of the doubt.

This story is only a few days old and we’re already seeing evidence that the CIA’s recollection of events isn’t accurate.  Take this, for instance:

Almost every briefing described in the document — including the September 2002 Pelosi briefing that’s directly at issue — refers to “EITs,” or enhanced interrogation techniques, as a subject that was discussed. But according to a former intelligence professional who has participated in such briefings, that term wasn’t used until at least 2006.

That’s not just an issue of semantics. The former intel professional said that by using the term in the recently compiled document, the CIA was being “disingenuous,” trying to make it appear that the use of such techniques was part of a “formal and mechanical program.” In fact, said the former intel pro, it wasn’t until 2006 that — amid growing concerns about the program among some in the Bush administration — the EIT program was formalized, and the “enhanced interrogation techniques” were properly defined and given a name.

And this:

Rep. David Obey has sent a letter to [CIA Director Leon] Panetta complaining that a staffer identified in the documents as being briefed was in fact denied access to the briefing.

And this:

Rep. Jan Schakowsky, who chairs the oversight subcommittee of the House intelligence committee, told MSNBC’s Ed Schultz (h/t Democratic Underground):

On our subcommittee we are beginning an inquiry into a situation … initiated by the ranking minority member to look at a situation where the CIA did mislead the Congress … a documented issue of the CIA misleading the Congress.

A Schakowsky spokesman told TPMmuckraker that she was referring to the findings of a CIA inspector general report, portions of which were released last fall, which concluded that the agency had withheld crucial information from Congress and DOJ investigators who were probing whether CIA personnel committed crimes relating to the shooting of a missionary plane in Peru in 2001.

[Emphasis added]

And:

April 2002 (two briefings), September 2002: When Bob Graham first asked the CIA when they had briefed him on torture, they gave him a list of four dates, two in April 2002, and two in September 2002. However, when Graham reviewed his famously detailed notes, he discovered he had not attended any briefing on three of those dates (both April dates and one September date). The CIA conceded he was correct on the issue.

[...]

February 4, 2003: The CIA claims that, along with Pat Roberts and two staffers, it briefed John Rockefeller on EITs “in considerable detail” including “how the water board was used.” Rockefeller says, however, that he “was not present and was not later briefed individually by anyone in the intelligence community.”

And finally, from the CIA themselves:

As the agency has pointed out more than once, its list — compiled in response to congressional requests — reflects the records it has. These are notes, memos, and recollections, not transcripts and recordings.

[Emphasis mine]

In short, the CIA hasn’t proven themselves trustworthy in the past and they don’t appear to be very trustworthy on this particular issue.

Let me be clear: this entire issue is nothing more than a political witchhunt. The CIA is doing classic CYA, trying to keep their complicity in the torture debacle from becoming public.  The GOP is piggybcking on the CIA’s CYA in order to attack Speaker Pelosi and Congressional Democrats.

They want to drive a wedge between Pelosi and the anti-torture left by trying to mixing Pelosi up into the Bush administration’s torture program, hoping she’ll be forced to justify at least some of it.

They want to throw enough dirt on Pelosi to keep her from launching a truth commission, in case she ends up implicated.

And most of all, they want a scalp. They want to destroy Pelosi’s career, make that the opening salvo in their much dreamed-of political comeback. All the GOP knows to do anymore is drum up a scandal and ride it to political success; it looks like they’re hoping like that particular chapter of their playbook still works.

Let’s not take our eye off the ball.  The Bush administration authorized and implemented torture. They broke the law; they need to be held accountable. Whoever may have been told what when isn’t important; who actually justified torture and made it happen is.  Don’t let the real criminals get away; don’t let them divert your attention onto trivial political distractions.



Say What? (UPDATED)

RNC Chairman Michael Steele just declared that “The era of apologizing for Republican mistakes of the past is now officially over.”

Over? When did it ever begin?

The way I see it, the GOP has a lot to apologize about; we haven’t heard nearly enough contrition from Republicans to even begin to make up for it.

Heck, I think Michael Steele alone has a fair amount to apologize for; I mean, wasn’t he doing such a poor job that the RNC took away much of his power as Chairman?

UPDATE: As Steele spins out all that happy talk about the Republican Party, keep this in mind:

Today in an interview with Fox News, Steele suggested that if too much of his power is taken away, he may resign:

They can contemplate all they want to, but the reality is if they want a figurehead chairman you can have a figurehead chairman, but it won’t be Michael Steele.

Steele’s threatening to quit, yet we’re supposed to believe the GOP is doing just fine? Please.



Clever

Imagine that you’re Barack Obama, President of the United States.

Out of all the Republicans in America, there’s only one you actually worry about: the moderate Governor of Utah.  Despite representing one of the most solidly conservative states in the country, he has been urging his flagging party to take more moderate stances on a variety of issues.

You worry that this Governor might run against you in 2012 and could turn out to be a tough challenger to beat, depending on how the political winds shift in the next few years. You worry that–even though the GOP is pretty extremist at the moment–the far right could burn itself out, meaning that–by 2012–this moderate Governor could very well be seen as the future of the Republican Party.

So what do you do about this guy?

You make him an offer he can’t refuse:

President Barack Obama intends to name Utah’s Republican Gov. Jon Huntsman, seen by many as a potential GOP presidential contender, to be ambassador to China, a source close to the governor said Friday night.

The popular moderate governor has accepted the appointment, said the source, who would speak only on condition of anonymity ahead of a White House announcement expected Saturday.

[...]

Huntsman, a two-term governor, is fluent in Mandarin Chinese from his days as a Mormon missionary in Taiwan. One of his seven children, Gracie Mei, was adopted from China in 1999 after she was abandoned in a vegetable market.

He made headlines recently for encouraging the Republican Party to swing in a more moderate direction if it wanted to bounce back from the 2008 elections, angering some conservatives.

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“Rationing”

One of the newest right-wing talking points in the debate over health care reform is invoking the fear that health care will end up being “rationed.”

Of course, that doesn’t make sense–if the Democratic plan is implemented, people with private insurance will be allowed to keep their current coverage.  On the other hand, those without coverage will be able to opt into a public health care option, so I don’t see how providing health care to people without insurance would somehow constitute rationing, but…

More to the point, isn’t health care in America already rationed? I mean, whether or not you even have health insurance depends on where you work/how much money you have; same goes for the quality of coverage you can get.

And insurance companies–being private entities–can deny people coverage for a variety of reasons, such as a preexisting condition;  even if you have the means to procure health insurance, you can’t always get it.

And even if you do have health insurance, your insurer can deny your claim for a particular procedure if they so choose. Plus, most health insurance plans involve a copay–you pay for part of your medical care while your insurer pays for the rest.  Same typically goes for prescription drugs–most insurance plans will only pay for a certain amount of medication per year, forcing you to pay for the rest if you go over that limit.

Health care isn’t unlimited in America; a variety of different factors determine how much care–if any at all–you can get.  In fact, profit motive drives insurance companies to ration care; the less health care they give to the fewest amount of people, the more money they make. Face it, in the United States insurance companies get rich by rationing out health care as strictly as they can.

That’s why we need some kind of public option–because private insurance companies can’t afford to cover everyone and provide them the health care they need.  But I wouldn’t expect intellectually-honest, worthwhile arguments against health care reform from the Party of No, who were telling us just a few years ago that there was no crisis and that America had the best health care system in the world.

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Torture: False Equivalencies (UPDATED)

Recently, CIA released memos indicating that Nancy Pelosi, now Speaker of the House, was briefed on “enhanced interrogation techniques” in 2002.

What those memos don’t indicate is which particular “enhanced interrogation techniques” Pelosi was told about, or whether waterboarding was among them. Those memos also don’t indicate whether those techniques were described as something that American forces were using/planning to use, or whether they were described to Pelosi and other members of Congress as purely hypothetical.

Right now, it’s a he-said she-said conflict between the CIA and Pelosi, and who you give more credibility to depends on where you fall politically.

Regardless, Republicans are pretending that, since Pelosi was briefed in some capacity about hypothetical “enhanced interrogation techniques” that neither she nor any other Democrat has any standing left to criticize the Bush administration or Republicans for the use of torture.

Even if you assume that members of Congress had some idea of what techniques were being implemented, this is still a false equivalence. Apples and oranges. Because there is a huge difference between people who justified and implemented torture and people who were simply told about it.

This is the standard GOP technique when they’re caught in some kind of scandal: claim the Democrats are also culpable in order to diffuse the eventual fallout.

Republicans want to shut down the torture debate because they know that it’s going to end poorly for them. A lot of politicos with vested interests in seeing the investigation end before it even begins are out there making these false equivalencies are trying to poison the well.

UPDATE: And here’s the right’s new talking point: they’re claiming that the government has documents proving definitively that torture works, but the Obama administration is refusing to declassify them in order to make the GOP look bad.

I don’t know whether such documents exist or not, but something tells me they don’t–or, at least, they don’t say what Cheney & co. are claiming they do.

Remember, the Bush administration were masters of the strategic leak, declassifying memos or leaking information at opportune moments in order to provide political cover. If they had smoking gun documents that proved torture worked, why didn’t they declassify them when they still had the power to? Even if they waited until Bush’s very last day in office, if those documents didn’t contain information that needed to be kept top secret, why didn’t they release them to the public and vindicate themselves once and for all?

And here’s the thing–even if those documents don’t exist, it doesn’t matter for Cheney and the Republicans; they can continue to claim they do in order to portray the Obama administration as acting in bad faith.  The administration can’t prove that nonexistent documents don’t exist,  so the Republicans can simply spin any claims that those documents aren’t there as attempts to keep those documents covered up.

I don’t think the GOP is hoping to prove that torture worked; I think they’re simply trying to taint whatever investigation may be launched. Their claims about secret smoking gun documents dovetail nicely with their allegations that Pelosi knew something and their calls for a “full investigation”; conservatives are trying to taint any investigation into torture as inherently politically-biased.

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And The Slide Into Irrelevancy Continues…

Conservatives are seriously obsessing over what condiments the President gets on his cheeseburgers.

What is this, 2002? Do conservatives still think phrases like “latte-drinking Volvo-driving sushi-eating liberal” have any kind of impact anymore?



BREAKING: Maine Legalizes Same-Sex Marriage

Maine Governor John Baldacci (D) just signed a bill into law that will legalize same-sex marriage in the Pine Tree State.

This makes Maine the fifth state to legalize same-sex marriage (after IA, CT, MA and VT) overall and the second state (after VT) to do it via legislation instead of a court decision.

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Torn From The GOP Playbook: The Luntz Health Care Memo

Mike Allen gives us a page out of the GOP’s playbook on their effort to block health care reform:

Here are some suggested arguments for Republicans that [GOP pollster Frank] Luntz calls “clear winners”:

“It could lead to the government setting standards of care, instead of doctors who really know what’s best.”

“It could lead to the government rationing care, making people stand in line and denying treatment like they do in other countries with national healthcare.”

-“President Obama wants to put the Washington bureaucrats in charge of healthcare. I want to put the medical professionals in charge, and I want patients as an equal partner.”

Luntz’s 10 pointers in “The Language of Healthcare 2009”:

(1) Humanize your approach. Abandon and exile ALL references to the “healthcare system.” From now on, healthcare is about people. Before you speak, think of the three components of tone that matter most: Individualize. Personalize. Humanize.

(2) Acknowledge the “crisis” or suffer the consequences. If you say there is no healthcare crisis, you give your listener permission to ignore everything else you say. It is a credibility killer for most Americans. A better approach is to define the crisis in your terms. “If you’re one of the millions who can’t afford healthcare, it is a crisis.” Better yet, “If some bureaucrat puts himself between you and your doctor, denying you exactly what you need, that’s a crisis.” And the best: “If you have to wait weeks for tests and months for treatment, that’s a healthcare crisis.”

(3) “Time” is the government healthcare killer. As Mick Jagger once sang, “Time is on Your Side.” Nothing else turns people against the government takeover of healthcare than the realistic expectation that it will result in delayed and potentially even denied treatment, procedures and/or medications. “Waiting to buy a car or even a house won’t kill you. But waiting for the healthcare you need – could. Delayed care is denied care.”

(4) The arguments against the Democrats’ healthcare plan must center around “politicians,” “bureaucrats,” and “Washington” … not the free market, tax incentives, or competition. Stop talking economic theory and start personalizing the impact of a government takeover of healthcare. They don’t want to hear that you’re opposed to government healthcare because it’s too expensive (any help from the government to lower costs will be embraced) or because it’s anti-competitive (they don’t know about or care about current limits to competition). But they are deathly afraid that a government takeover will lower their quality of care – so they are extremely receptive to the anti-Washington approach. It’s not an economic issue. It’s a bureaucratic issue.

(5) The healthcare denial horror stories from Canada & Co. do resonate, but you have to humanize them. You’ll notice we recommend the phrase “government takeover” rather than “government run” or “government controlled” It’s because too many politician say “we don’t want a government run healthcare system like Canada or Great Britain” without explaining those consequences. There is a better approach. “In countries with government run healthcare, politicians make YOUR healthcare decisions. THEY decide if you’ll get the procedure you need, or if you are disqualified because the treatment is too expensive or because you are too old. We can’t have that in America.”

(6) Healthcare quality = “getting the treatment you need, when you need it.” That is how Americans define quality, and so should you. Once again, focus on the importance of timeliness, but then add to it the specter of “denial.” Nothing will anger Americans more than the chance that they will be denied the healthcare they need for whatever reason. This is also important because it is an attribute of a government healthcare system that the Democrats CANNOT offer. So say it. “The plan put forward by the Democrats will deny people treatments they need and make them wait to get the treatments they are allowed to receive.”

(7) “One-size-does-NOT-fit-all.” The idea that a “committee of Washington bureaucrats” will establish the standard of care for all Americans and decide who gets what treatment based on how much it costs is anathema to Americans. Your approach? Call for the “protection of the personalized doctor-patient relationship.” It allows you to fight to protect and improve something good rather than only fighting to prevent something bad.

(8) WASTE, FRAUD, and ABUSE are your best targets for how to bring down costs. Make no mistake: the high cost of healthcare is still public enemy number one on this issue – and why so many Americans (including Republicans and conservatives) think the Democrats can handle healthcare better than the GOP. You can’t blame it on the lack of a private market; in case you missed it, capitalism isn’t exactly in vogue these days. But you can and should blame it on the waste, fraud, and abuse that is rampant in anything and everything the government controls.

(9) Americans will expect the government to look out for those who truly can’t afford healthcare. Here is the perfect sentence for addressing cost and the limited role for government that wins you allies rather than enemies: “A balanced, common sense approach that provides assistance to those who truly need it and keeps healthcare patient-centered rather than government-centered for everyone.”

(10) It’s not enough to just say what you’re against. You have to tell them what you’re for. It’s okay (and even necessary) for your campaign to center around why this healthcare plan is bad for America. But if you offer no vision for what’s better for America, you’ll be relegated to insignificance at best and labeled obstructionist at worst. What Americans are looking for in healthcare that your “solution” will provide is, in a word, more: “more access to more treatments and more doctors…with less interference from insurance companies and Washington politicians and special interests.”

[Emphasis mine]

The GOP used to thrive on messaging memos like these, so expect to hear these talking points repeated ad nauseum by nearly every Republican politican and conservative commentator under the sun.

Problem is, this memo does nothing but craft and take down an elaborate strawman instead of commenting on the Democrats’ actual health care reform plan.

In reality, Democrats are proposing a program that would help Americans without health insurance buy it from the same private corporations that everyone else gets their health insurance from. There is also a public option that would let people choose to either retain their private health insurance or opt to enroll in a government plan.  Note the use of the words “option”, “choose” and “opt” in that last sentence–nobody would ever be forced into the public option, contrary to what the Luntz memo suggests.

And keep in mind that the GOP has no alternative plan.  They can attack the Democratic health care reform proposal all they’d like, but America is facing a health care crisis; without a viable alternative plan, all the talking points in the world won’t do the GOP any good.

Hell, even the GOP’s new rebranding committee doesn’t have a plan:

Responding to [small business owner Ed] McKee’s question concerning the dramatic health care cost hike, [House Minority Whip Eric] Cantor said “that should be a sure sign we ought to be promoting anything that can try to bring health care costs down.” But rather than offering any ideas or policy plans for addressing health care costs, Cantor launched into a set of attacks on the health systems in the UK and Canada, saying any reform should not reflect a “government takeover.” The National Council’s policy paper on health care is similarly vague and lacks a single policy plan.

Cantor is not offering any of the promised “new policy ideas.” Instead, he is rehashing tired straw man arguments against the single-payer systems of Canada and the UK. The Obama administration has consistently opposed a single-payer program.

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On Corporate Tax Cheats (UPDATED)

So today the Obama administration revealed their plan to close corporate tax loopholes and shutter offshore tax shelters in order to make it harder for American corporations to avoid paying their fair share in taxes. If implemented, the administration’s plan would generate $210 billion in additional tax revenue.

Conservatives are, of course, up in arms about this. Many of them are claiming that American corporations pay enough in taxes as it is and that tightening up tax laws could lead to American companies moving overseas to take advantage of comparatively lower corporate tax rates. In fact, many conservatives point to Ireland as one such country with a low corporate tax rate.

Let’s deal with the Ireland fallacy first, just because that’s a talking point that comes up pretty often. Even though Ireland has a lower corporate tax rate than the U.S., corporate tax revenue makes up a larger share of their GDP than it does for us. How is this? Well, Ireland doesn’t have all the tax loopholes that the U.S. has, making it harder for their corporations to avoid paying their taxes. Remember, politics doesn’t happen in a vacuum–part of the reason why our corporate tax rate is so high because companies use loopholes to avoid paying their fair share in taxes. In order to recoup the revenue we lose to offshore tax shelters and the such, we have to raise the corporate tax rate. As a corollary, if we closed the loopholes that allow offshore tax shelters to exist, we would be collecting more corporate tax revenue and thus could afford to cut the corporate tax rate without losing any revenue.

But I digress. More importantly, conservatives are being massive hypocrites in opposing the Obama administration’s plan. First, they raise fears that American companies–if pressured to pay the money they owe–may relocate overseas to more corporate-friendly locales. Yet, these are the same conservatives who supported free trade economic policies that led to millions of American jobs being shipped overseas. So conservatives apparently have no problem with a corporation shipping millions of good middle-class jobs overseas as long as that company can rent a room in the Caymans and claim to be incorporated in the U.S.

Second, Republicans have been attacking the Obama administration’s spending almost since day 1, even holding (sparsely-attended) protests to criticize his spending policies. Yet they oppose a plan that would recoup $210 billion dollars in additional revenue; go figure.

Third, conservatives railed against several Obama administration appointees for failing to pay their taxes on time–Tim Geithner and Tom Daschle come to mind–yet they have no problem with American corporations ducking their taxes and bilking the American people out of hundreds of billions of dollars a year.

This is the problem with the conservative outrage-a-day machine, though–they find something new to be mad about every day at the cost of contradicting themselves time and time again. This is why nobody takes the GOP seriously anymore–when you spend day after day scrounging for assorted reasons to attack your political opponents, you eventually lose all credibility. Plus, I don’t think that many people have all that much sympathy for corporations at the moment, particularly ones that abuse the tax system to avoid paying their fair share.

So I say, go Obama. Close the loopholes and get us the money we’re owed. $210 billion is nothing to sneeze at, and according to the laws of this country that money is rightfully owed to the American people. If our corporations don’t like it, they’re free to set up shop in Ireland, where none of these tax loopholes exist anyway.

UPDATE: Hypocrisy #4– conservatives complain about how complex the tax code is, but then turn around and say things like this:

[CNBC's Erin Burnett]: That’s right. Isn’t it your obligation in this country – there is a tax code for a reason, to take advantage of every bit of it you can and pay as little as you can.

The truth is, conservatives love the complicated tax code because it gives wealthy corporations loopholes they can use to avoid paying the taxes they owe.

But, you know, conservatives are right–let’s be more like Ireland. We can start by following President Obama’s lead and eliminating all the loopholes corporations use to avoid paying their taxes.

And since we’ll be collecting more corporate tax revenue as a result of closing those loopholes we can afford to lower the corporate tax rate while pulling in the same revenue we do now.

Of course, I won’t hold my breath waiting for the GOP to get on board with that plan…



GOP Rebrading Fail (UPDATED With More Fail)

This quote, from this past weekend’s GOP rebranding tour kickoff, is one of my favorite Republican quotes of all time:

[Republicans] are the party of the revolutionaries, [Democrats] are the party of the monarchists.

Let’s review Modern American History 101:

Our most recent Republican president was the son of a former Republican president, who himself was the son of a wealthy, well-connected Wall Street executive/United States Senator.

To contrast, our two most recent Democratic presidents were born into relative poverty and raised by single mothers, achieving success on their own without either inherited wealth or family connections to help them.

Oh, and that quote up there? That’s from former Massachusetts governor and Republican presidential candidate Mitt Romney, who is the son of former Michigan governor and Republican presidential candidate George Romney.

And thus the GOP rebranding effort fails right out of the gate as Republicans try to defy reality itself.

Bonus amazing quote from former GOP Whip Roy Blunt:

Just because we’re in a situation now where we vote no doesn’t mean we are the ‘party of no’ or have no ideas

Actually, yes, that’s exactly what that means; when you oppose the President’s agenda at every turn and offer nothing but warmed-over half-cooked non-alternatives, that makes you the Party of No with no ideas.

UPDATE: More about the aforementioned GOP rebranding kickoff:

GOP holds “Outside the Beltway” rebranding event inside the beltway

As part of the Republican Party’s rebranding effort, House Minority Whip Eric Cantor (R-Va.) hosted a National Council for a New America event at a pizza shop over the weekend. Roll Call reported, “Cantor said the idea of the road show is to gather ideas from outside the Beltway to shape the Republican agenda.”

[...]

At the risk of sounding picky, it’s probably worth noting that Republicans started gathering ideas “from outside the Beltway” at an event inside the Beltway.

A place called Pie-tanza, in an Arlington strip mall, hosted the event. Pie-tanza is just a few minutes from the Washington Golf and Country Club. Indeed, it’s only about six miles from Capitol Hill.

[Emphasis mine]

UPDATE II: Also, different event but same kind of fail:

GOP turns to Bush aides for advice

Republicans looking to recover from Bush-era defeats are turning to an unlikely source for advice: top aides to former President George W. Bush.

They really are out of ideas, aren’t they? Bush & co. drove the GOP into the ground but the only people they could think to ask for advice are Bush & co.

UPDATE III: Speaking of the usual suspects, guess who’s leading the aforementioned GOP rebranding effort:

[T]the House Minority Leader, the Minority Whip, the Senate Minority Leader and last year’s Republican presidential nominee[,] Mitt Romney (R), Bobby Jindal (R), Haley Barbour (R), John Cornyn (R), and … wait for it … Jeb Bush (R).

They’re calling themselves “The National Council for a New America.” Funny, they look and sound just like the old America that got whipped at the polls. Twice.

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