Liberties

Torture is AWESOME! Just ignore those crazy WW2 vets. They only had to contend with Nazi Germany and the Japanese Empire. These guys have BOX KNIVES! They live in CAVES! They're way more hardcore.

Dick Cheney admits on camera to ordering the torture of prisoners in U.S. custody on multiple occasions - in violation of international law, national law, and the U.S. constitution. According to United States Federal law, each instance is a felony offense punishable by decades in prison.

Dick Cheney just stated on national TV - boldly, unapologetically, directly to our faces - that the Vice President is above the law.

Holy shit.

"But where says some is the king of America? I'll tell you friend, he reigns above, and doth not make havoc of mankind like the royal brute of Britain. ... so far as we approve of monarchy, that in America the law is king."

- Thomas Paine

... so much for that. The rule of law in America is dead.

Glenn Greenwald asks:

As the Bush administration comes to a close, one overarching question is this: how were the transgressions and abuses of the last eight years allowed to be unleashed with so little backlash and resistance? Just consider -- with no hyperbole -- what our Government, our country, has done. We systematically tortured people in our custody using techniques approved at the highest levels, many of whom died as a result. We created secret prisons -- "black site" gulags -- beyond the reach of international monitoring groups. We abducted and imprisoned even U.S. citizens and legal residents without any trial, holding them incommunicado and without even the right to access lawyers for years, while we tortured them to the point of insanity. We disappeared innocent people off the streets, sent them to countries where we knew they'd be tortured, and then closed off our courts to them once it was clear they had done nothing wrong. We adopted the very policies and techniques long considered to be the very definition of "war crimes".

Our Government turned the NSA apparatus inward -- something that was never supposed to happen -- spying on our conversations in secret and without warrants or oversight, all in violation of the law, and then, once revealed, acted to immunize the private-sector lawbreakers. And that's to say nothing about the hundreds of thousands of people we killed and the millions more we displaced with a war launched on false pretense. And on and on and on.

Prime responsibility for those actions may lie with the administration which implemented them and with the Congress that thereafter acquiesced to and even endorsed much of it, but it also lies with much of our opinion-making elite and expert class. Even when they politely disagreed, they treated most of this -- and still do -- as though it were reasonable and customary, eschewing strong language and emphatic condemnation and moral outrage, while perversely and self-servingly construing their constraint as some sort of a virtue -- a hallmark of dignified Seriousness. That created the impression that these were just garden-variety political conflicts to be batted about in pretty conference rooms by mutually regarding elites on both sides of these "debates." Meanwhile, those who objected too strongly and in disrespectful tones, who described the extremism and lawlessness taking place, were dismissed by these same elites as overheated, fringe hysterics.

"Obama will call on citizens of all ages to serve America, by developing a plan to require 50 hours of community service in middle school and high school"

I don't know specifically what he has in mind, but if it is anything forced, mandatory, well that just isn't constitutional.

I'm all for voluntary community service programs, especially when the government gives student aid in return.

But compulsory service in compulsory schooling is not acceptable nor legal.

UPDATE

The site has been changed, and no longer calls for mandatory service. Hooray!

The Obama Administration will call on Americans to serve in order to meet the nation’s challenges. President-Elect Obama will expand national service programs like AmeriCorps and Peace Corps and will create a new Classroom Corps to help teachers in underserved schools, as well as a new Health Corps, Clean Energy Corps, and Veterans Corps. Obama will call on citizens of all ages to serve America, by setting a goal that all middle school and high school students do 50 hours of community service a year and by developing a plan so that all college students who conduct 100 hours of community service receive a universal and fully refundable tax credit ensuring that the first $4,000 of their college education is completely free. Obama will encourage retiring Americans to serve by improving programs available for individuals over age 55, while at the same time promoting youth programs such as Youth Build and Head Start.

Good news because someone is finally standing up for and speaking out on Habeus Corpus. Bad news because the writ of Habeus Corpus has somehow gone from centuries-old universal political principle to a partisan wedge issue.

Obama to Palin: 'Don't Mock the Constitution'

It was in St. Paul last week that Palin drew raucous cheers when she delivered this put-down of Obama: "Al-Qaeda terrorists still plot to inflict catastrophic harm on America and he's worried that someone won't read them their rights."

Obama had a few problems with that.

"First of all, you don't even get to read them their rights until you catch 'em," Obama said here, drawing laughs from 1,500 supporters in a high school gymnasium. "They should spend more time trying to catch Osama bin Laden and we can worry about the next steps later."

"My position has always been clear: If you've got a terrorist, take him out," Obama said. "Anybody who was involved in 9/11, take 'em out."

But Obama, who taught constitutional law at the University of Chicago for more than a decade, said captured suspects deserve to file writs of habeus corpus.

Calling it "the foundation of Anglo-American law," he said the principle "says very simply: If the government grabs you, then you have the right to at least ask, 'Why was I grabbed?' And say, 'Maybe you've got the wrong person.'"

The safeguard is essential, Obama continued, "because we don't always have the right person."

"The reason that you have this principle is not to be soft on terrorism. It's because that's who we are. That's what we're protecting," Obama said, his voice growing louder and the crowd rising to its feet to cheer. "Don't mock the Constitution. Don't make fun of it. Don't suggest that it's not American to abide by what the founding fathers set up. It's worked pretty well for over 200 years."

Omar Khadr, a Canadian citizen, has been illegally held by the U.S. government at a prison in Guantanamo Bay for six years. He was captured by American forces at the age of 15 following a four-hour firefight with militants in the village of Ayub Kheyl, Afghanistan. Omar stands accused of war crimes - specifically, throwing a grenade that killed a U.S. soldier. The evidence against him is the fact that he was present at the firefight. However, no evidence exists that he threw the grenade. In fact, the military's original report concluded that another person had thrown the grenade shortly before being killed.

Omar says that he is innocent, and claims that he has been tortured by government officials. After a long legal battle, his defense lawyers have finally secured the release of video of an interrogation in 2003, taken by a camera hidden in a vent:

In a video released Tuesday, a 16-year-old captured in Afghanistan cries out for his mother and says he needs treatment for his battle wounds during questioning by Canadian officials at the U.S. military prison in Guantanamo Bay. "Oh Mommy," he cries in despair in Arabic when he is alone in the room, watched only by hidden cameras.

The 10 minutes of video -- selected by Omar Khadr's Canadian lawyers from more than seven hours of footage recorded by a camera hidden in a vent -- provides the first glimpse of interrogations at the U.S. military prison. It shows Khadr weeping, his face buried in his hands, as he is questioned by Canadian intelligence agents over four days in 2003. The lawyers hope to pressure Canada into seeking Khadr's return, but the government said its position was unchanged.

"I've been tortured. I'm a human being. I have not violated any law," Afghan prisoner Mohammed Jawad said in his first hearing on charges of attempted murder and causing great bodily injury.

"I've been brought here illegally . I am innocent. It's an injustice to me," he said through a Pashto translator.

Meanwhile, John Yoo - the man who authored legal opinions for the Bush Administration arguing that the executive has the right to torture children, regardless of any laws or treaties outlawing torture - is teaching International Civil Litigation at the University of California, Berkeley's Boalt Hall School of Law. In case you have any questions or comments for Professor Yoo, you can contact him by e-mail: yoo@law.berkeley.edu, yooj@law.berkeley.edu, jyoo@law.berkeley.edu (I'm not sure which is current - for some reason, the address keeps getting changed...)

Obama responds:

I want to take this opportunity to speak directly to those of you who oppose my decision to support the FISA compromise.

This was not an easy call for me. I know that the FISA bill that passed the House is far from perfect. I wouldn't have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush's abuse of executive power. It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush Administration's program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That's why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.

But I also believe that the compromise bill is far better than the Protect America Act that I voted against last year. The exclusivity provision makes it clear to any President or telecommunications company that no law supersedes the authority of the FISA court. In a dangerous world, government must have the authority to collect the intelligence we need to protect the American people. But in a free society, that authority cannot be unlimited. As I've said many times, an independent monitor must watch the watchers to prevent abuses and to protect the civil liberties of the American people. This compromise law assures that the FISA court has that responsibility

The Inspectors General report also provides a real mechanism for accountability and should not be discounted. It will allow a close look at past misconduct without hurdles that would exist in federal court because of classification issues. The (PDF)recent investigation uncovering the illegal politicization of Justice Department hiring sets a strong example of the accountability that can come from a tough and thorough IG report.

The ability to monitor and track individuals who want to attack the United States is a vital counter-terrorism tool, and I'm persuaded that it is necessary to keep the American people safe -- particularly since certain electronic surveillance orders will begin to expire later this summer. Given the choice between voting for an improved yet imperfect bill, and losing important surveillance tools, I've chosen to support the current compromise. I do so with the firm intention -- once I'm sworn in as President -- to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future.

Now, I understand why some of you feel differently about the current bill, and I'm happy to take my lumps on this side and elsewhere. For the truth is that your organizing, your activism and your passion is an important reason why this bill is better than previous versions. No tool has been more important in focusing peoples' attention on the abuses of executive power in this Administration than the active and sustained engagement of American citizens. That holds true -- not just on wiretapping, but on a range of issues where Washington has let the American people down.

I learned long ago, when working as an organizer on the South Side of Chicago, that when citizens join their voices together, they can hold their leaders accountable. I'm not exempt from that. I'm certainly not perfect, and expect to be held accountable too. I cannot promise to agree with you on every issue. But I do promise to listen to your concerns, take them seriously, and seek to earn your ongoing support to change the country. That is why we have built the largest grassroots campaign in the history of presidential politics, and that is the kind of White House that I intend to run as President of the United States -- a White House that takes the Constitution seriously, conducts the peoples' business out in the open, welcomes and listens to dissenting views, and asks you to play your part in shaping our country's destiny.

Democracy cannot exist without strong differences. And going forward, some of you may decide that my FISA position is a deal breaker. That's ok. But I think it is worth pointing out that our agreement on the vast majority of issues that matter outweighs the differences we may have. After all, the choice in this election could not be clearer. Whether it is the economy, foreign policy, or the Supreme Court, my opponent has embraced the failed course of the last eight years, while I want to take this country in a new direction. Make no mistake: if John McCain is elected, the fundamental direction of this country that we love will not change. But if we come together, we have an historic opportunity to chart a new course, a better course.

So I appreciate the feedback through my.barackobama.com, and I look forward to continuing the conversation in the months and years to come. Together, we have a lot of work to do.

Glenn Greenwald debunks Obama's case for buckling on warrantless spying here.

This ad will begin running next week. You can give to this campaign here.

update:

The Bush Dog Democrat caucus has just grown to 70.

These people will be challenged, now and again in 2010. We will not forget.

No freaking way.

WASHINGTON - The Supreme Court ruled Thursday that foreign terrorism suspects held at Guantanamo Bay have rights under the Constitution to challenge their detention in U.S. civilian courts.

In its third rebuke of the Bush administration's treatment of prisoners, the court ruled 5-4 that the government is violating the rights of prisoners being held indefinitely and without charges at the U.S. naval base in Cuba. The court's liberal justices were in the majority.

I keep reading it, but I think I'm still in disbelief. I'm kind of wondering who's Supreme Court they're talking about, because that doesn't sound like our Supreme Court.

No, this isn't an accidental repost. Democrats are, YET AGAIN, trying to capitulate on warrantless wiretaps and telecom immunity. Have you heard the expression "We won the battle, but lost the war?" This is more like "We won the battles, won the war, and then decided to surrender just for the hell of it."