General Rove and the Battle of Gitmo
Look for the brilliant mastermind of November victories to use the Supreme Court's pro-prisoner decision to the R's advantage this fall. Add to "cut and run" as an epithet for Democrats the potent message that D's stand for releasing murderers and terrorists. To thwart this tactic, Democrats need to clamor for legislation calling for no bail, confidential reports to Congress on the danger to the country from these prisoners (conducted by the 911 Commission), trials starting no later than in the fall, and harsh penalties.















Unreal.
Damn. They are one bunch of relentless jerks.
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June 29, 2006 4:39 PM | Reply | Permalink
According to Jack Balkin, the decision says that if the administration wants to continue these practices, they can do so if they get legislative authorization from Congress. It's their Congress, their party: make the case to them.
June 29, 2006 4:47 PM | Reply | Permalink
Rove will use the same strategy that he has used in the past: exploiting hot button issues that appeal to their base in order to ramp up turnout.
I don't think the aforementioned issues will do anything to convince Independent voters to vote Republican.
June 29, 2006 6:07 PM | Reply | Permalink
"Unreal.
Damn. They are one bunch of relentless jerks."
Well, I disagree that Reed is a relentless jerk. He is, however, very misguided on this issue. Our President, our country, has just been deemed by our own Supreme Court to have committed War crimes - violations of the Geneva Conventions. But, Reed sees this as a plus for the Republicans??? Are our American voters so crass, so barbaric, so un-Christian, that they will think it is good that we are a nation committing war crimes, with a President ordering that war crimes be committed? I refuse to believe that. What Democrats need to do, is crawl out from under their beds and point out what this ruling means - that Bush = Milosevic, both leaders who ordered war crimes. We need to make sure the voters know that they voted in a man who is a war criminal.
This is part of the whole pattern of crime in the government, and that crime is Republican crime, committed by Republicans, to favor Republicans. Our real problem is that we are so afraid of Karl Rove, the boogie man, that we just can't seem to find the courage to say these things. Do we really have that much disrespect for Christian America?
Hoppy in Sacramento
June 29, 2006 6:29 PM | Reply | Permalink
I agree with Reed. But let's distill the message even further:
Try them all.
No bail.
Public trials.
Public evidence.
Public witnesses.
Public verdicts.
End of discussion.
June 29, 2006 6:51 PM | Reply | Permalink
Well, that is the Rove response alright. But what is the point? The proper response is to quote Hamdan's lawyer who said "I think he (Hamdan) was awe-struck that the court would rule for him, and give a little man like him an equal chance," Commander Swift said. "Where he's from, that is not true." If Rove, Bush, Cheney, Scalia, Thomas, Alito, and apparently you, get your way, it won't be true of America either. What is the point of wining if "winning" means America ceases to be America?
June 29, 2006 6:54 PM | Reply | Permalink
Er, the "harsh penalties" are assuming they're found guilty, right Reed?
Ovid
June 29, 2006 7:00 PM | Reply | Permalink
J. McCutchen "JmacSF"
San Francisco. CA
The LAST thing the D's need to do is fear Karl Rove. The only way to deal with a bully is to kick him in his jewels. If six years of cowering democrats and the sorry spectacle of Dianne Feinstein burnng the Bill of Rights on the Senate Floor hasn't convinced you, this won't.
John Yoo was on NewsHour with a former prosecutor who filed an amicus in the USG's case; John Marguiles of the Northwestern University law school, and Neal Katyal, at Georgetown University Law Center who represented Hamdal.
Some body's got to take a stand or just re-open Star Chamber.
I do not trust the Congress, democrats and republicans as presently constituted with this president to do anything other than let the American legal system as presently constituted work its course. Hard cases make bad law, but these jokers make even worse mischief. The risks hardly outweigh the dangers.
I hope it stalls. It is ironic in the extreme that it Osama bin Laden's driver to show America once again how much of heritage of justice it has frittered away in just five years.
June 29, 2006 7:04 PM | Reply | Permalink
Bush sounds more like a cat in heat than the President of the greatest Democracy in the world.
The thing about credibility is that once it’s gone, it’s gone for good.
Those opposed to this Administration and what it stands for need to raise the volume on how these guys are a bunch of greedy, reckless, incompetent liars, threatening the very core values of our Democracy.
Time to seize the initiate on values-- not based on one person or groups religious dogma, but the values that created and preserve this great nation.
Turn his sword of divisiveness against him, and we shall overcome.
June 29, 2006 7:16 PM | Reply | Permalink
I don't think the aforementioned issues will do anything to convince Independent voters to vote Republican.
Yes. It was the Independents and their votes that have given GWB the edge based on the terrorism issue. They seem to be over that now. Without them, Bush's pull has no push.
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June 29, 2006 7:22 PM | Reply | Permalink
Now, if we really want to be Tough on Terror, let’s keep ‘em in Gitmo and torture ‘em some more. They should try them immediately in criminal courts but not for these reprehensible political reasons. Most of the detainees would be released because they are not terrorists. The ones who are, would likely be released for lack of evidence.
June 29, 2006 7:24 PM | Reply | Permalink
Yoo:
But that's going to take a lot of effort and political time and energy, which the court could have saved the president and Congress, if they had just left things alone and let the president and Congress fight between themselves over these matters.
Wait a minute. It's the administration that's caused the problem here. It's the administration that decided to invent a whole new legal fabric in order to deal with a bunch of jumped-up international criminals.
In this country we have one of if not the most highly evolved judicial systems on the planet, a system that has been able to cope with just about every bizarre civil and criminal challenge thrown at it.
Meanwhile, we in parallel our highly evolved UCMJ, which has also been tested again and again and never found to be wanting in a way that could not be fixed without becoming unrecognizable.
On a larger scale, we've dealt in the past with various malefactors on a world historical scale. Systems were evolved and are still in place for the treatment of criminals whose behavior transcends national borders. Nuremburg alone was proof of the confidence we can place in such efforts.
But no, the administration insists it has to rearrange everything, mostly in the interest of simplfication, apparently. Really, what the administration wanted was something akin to a lynching. In the dust and confusion of the immediate aftermath of 9/11 I'm sure lots of people would have enjoyed some "rough justice", even though it would have been an insult to our country. Now, much later, the administration is still trying to insist on their mob-appealing travesty.
So the problem is not being created by the courts. Far from it.
June 29, 2006 7:29 PM | Reply | Permalink
J. McCutchen "JmacSF"
San Francisco. CA
The High Cost of American Gullibility - Paul Craig Roberts
Another issue the War Wing of the Democratic Party cannot even begin to address adequately, much less the RubberStamp Republicans.
June 29, 2006 7:35 PM | Reply | Permalink
J. McCutchen "JmacSF"
San Francisco. CA
Isn't that a freaking scandal?!?!?!
Doesn't that say all there is to say about the present danger?
June 29, 2006 7:36 PM | Reply | Permalink
Reed is absolutely correct on this. For all the valid criticisms of Guantanamo I have yet to hear anyone offer a reasonable alternative. The Democrats will not win in November by merely offering criticism - they need to offer leadership.
This business about war crimes and equating Bush to Milosevic; if the Democrat's go there before November they will be snatching defeat from the jaws of victory. Lest we forget, some of the people detained in GTMO hate liberalism even more than Karl Rove does.
June 29, 2006 7:39 PM | Reply | Permalink
"Harsh penalties".... You mean instead of the lenient penalties that the current federal code metes to those convicted of terrorism-related crimes?
First, it will be interesting to see what "they" are guilty of -- and who "they" are, since for 5 years we have basically taken the word of the Prez that these were such dangerous folks. Except of course when a good friend like Tony Blair put in the good word for a couple of his nationals, then out came a baker or a cab driver or someone's cousin's younger brother who had been hanging out in Afghanistan at a really bad time.
The Dems and everyone else should just note that the American system of justice is ready and willing to deal with the crimes committed, and stop the criminally insane in the WH. Gitmo and the choices it represents were an out and out disaster for this country.
June 29, 2006 7:45 PM | Reply | Permalink
An alternative to what? It may have occurred to you we have things called "maximum security prisons," we occasionally lock people in them, sometimes we apply to them even the tender treatment confusingly called "the death penalty" (at least here in Texas).
Typically though, we bother to find out who is guilty.
June 29, 2006 7:50 PM | Reply | Permalink
It might be helpful for the Democrats to come up with a serious policy. However, it is more important that they come out swinging at Rove. They need to take a page out of the John Murtha or James Webb playbook. Don't cower, don't apologize, don't dance around with 10 point plans. Call Rove and Bush what they are cowards and failures.
Daniel A. Greenbaum
June 29, 2006 8:01 PM | Reply | Permalink
fairleft.blogspot.com is my blog.
Ovid,
I didn't think so either.
June 29, 2006 8:09 PM | Reply | Permalink
confidential reports to Congress on the danger to the country from these prisoners...
Like those confidential reports on WMD the Congress bought a few years ago? At least understand that openness might expose the utter b.s. these depraved, morally disgusting nearly four-year long incarcerations are founded on. (And exposing the moral depths of the Repubs helps the Dems!)
Think: if there were ever evidence enough to convict these illegally imprisoned men in real courts, then we never would have had a Gitmo and the illegal kangaroo court procedure in the first place. There is suspicion based on unreliable witnesses (the unreliability centering on the fact that many of the 'witnesses' were paid (a lot in desperately poor Afghanistan) by the head to turn people in as 'terrorists'). That's about it.
As someone implied earlier, this Reed Hundt 'strategy' is the end result of consistently shutting up the Democratic Party base's moral outrage, over torture, over abuse and killing of Iraqi civilians, over the 'no reason' waste of American lives in Iraq, and over the repeated rape if not obliteration of the constitution. Now, after accompanying the Republicans all the way down this long road down into moral hell, Reed Hundt and the conventional thinkers' stale game plan is "Keep that whimpy 'me tooism' going, it'll work eventually!"
June 29, 2006 8:25 PM | Reply | Permalink
First up... Screw Rove and that "mastermind" bullshit.
Other than that, I think Reed has stated three very obvious pertinent points here. I say obvious, because what he's pointed out, no bail, and trials starting no later than in the fall, and (if found guilty) harsh penalties are all part and parcel of American jurisprudence. At the very least let's get to taking care of "due process." Although I agree more with what rzh said: "Public trials, Public evidence, Public witnesses, and Public verdicts." And then let the facts fall where they may.That's more in alignment with American jurisprudence than the kangaroo court concept of "...confidential reports to Congress on the danger to the country from these prisoners..." That's a total line of horse manure.
Democratic Whip Senator Harry Reid has already publicly issued a statement earlier today that the Democrats are ready, willing and able to start work on proceeding in a timely fashion to institute the proper constitutional role of oversight by the Congress that the Supreme Court ruled on in this matter. Not that the Majority will listen to a damn thing anyone says on the otherside of the aisle. That's it for me.
By the way, one more thing -- I hate to grovel (but I will) ... I have a short, related topic sitting in the Moderation/Submission queue titled "The Gitmo Ruling and it's Influence on the NSA/FISA/ Oversight Issue" that needs a few votes to get up on the discussion table... Give it read. If you think it is worthy, please drop your vote. If not, vote your conscience... Thanks
~OGD~
June 29, 2006 8:41 PM | Reply | Permalink
What's to stop Bush from predominately ignoring this ruling via gimmicks like the "Presidential Signings" and classifying any piece of information that might be used against him?
It's not like he's at risk of being impeached by his own party.
June 29, 2006 8:50 PM | Reply | Permalink
For some reason everyone seems to be avoiding the actual language of the Constitution -- it actually contemplates precisely the current matter. Democrats just need to shout to the heavens the actual language there, (Donkey on hind legs) and demand Congress do what it was told to do by the authors.
Article One, Section Eight; "To constitute tribunals inferior to the Supreme Court.
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."
See -- it is all there, and it is all powers specifically assigned to CONGRESS!!!
Now admittedly, when the founders crafted that language they were probably thinking about the Barbary Pirates, but in many respects the GWOT is far more like that matter than anything else. To use one of Condi's favorite useages, I rather doubt that our 18th Century Founders could imagine World War One Trench Warfare, Mustard Gas, Tanks, Fighter planes and Bombers, World War Two, Submarine warfare, Radar, Nuclear Weapons, Death Camps, Nurenberg Trials, Berlin Air Lifts, wars in Korea and Vietnam, ICBM's and much else. In many respects doctrine from the recent past is much less appropriate than that with which the Founders would have been familiar, and which probably led them to drop the response to the Barbary Pirates into the Constitution.
Democrats can fight Rovean attacks by just sticking to the Constitution -- in fact demanding -- that the Judiciary Committee immediately commence hearings regarding what kind of "inferior tribunal" to create.
June 29, 2006 9:06 PM | Reply | Permalink
Umm, can we, as Democrats, fire Bob Schrum and whoever else does polling/issue framing for the Congressional Democrats, and hire Reed instead?
Please?
Pretty please?
June 29, 2006 9:09 PM | Reply | Permalink
I vigorously disagree, and if the Democratic Party assents to this, I will take great pleasure incessantly bloodying their heels with vicious bites should they ever become clueful enough to regain political power in America.
For the great majority of my adult life, I have believed that the threat to liberty in America is not based on the party, but on the wielder of the political power. Because of this, I have dissented against the majoritarian influence, irrespective of the party.
What the Republicans have done on this go around is repugnant to the Dreamtime America, and the Democrats have a chance to gain an upper hand in my perception. Not a snowball's chance in the earth's climatic future if they weasel on the rights of humans though.
Damn-It! We're Americans, and even the devil gets a fair and open trial. What has happened to my country? Why have so many lost faith in liberty and justice for all?
June 29, 2006 9:31 PM | Reply | Permalink
Take these persons into an open court, secure convictions against them using due process of law; then, and only then, hang em high.
June 29, 2006 9:42 PM | Reply | Permalink
There is no reasonable alternative to Guantanamo Bay as it is presently structured, because the Bush administration violated international accords, which by definition also violates the US Constitution; Article VI; Clause 2 with its creation. This is not a problem of the Democrats' making, the blame belongs at the feet of the acquiescent right.
Mr. Bush has now twice sworn to defend and uphold the constitution. He is derelict and a tyrant. His response to failing at his primary duty to protect America on September 11, 2001, was to immediately begin to equivocate on the Natural Rights of Humans.
The President, even in a time of war, hasn't the authority to strip these rights unlawfully from any human. This is non-negotiable.
The rampant cowardice, and preponderate lack of faith in the American system within those who support Bush in this is self-evident, and they are hurting America.
June 29, 2006 9:57 PM | Reply | Permalink
OGD- I just voted on your post. I hope it comes up for discussion. I am amazed that some Democrats are not rejoicing at this death knell for Bush’s monarchy-in-waiting instead of urging Dems to take a page from their playbook. The SC ruling not only refutes the administration’s claim about the AUMF granting implicit powers, it overturns the whole Woo doctrine of unrestrained executive power in time of war:
Whether or not the President has independent power, absent congressional authorization, to convene military commissions, he may not disregard limitations that Congress has, in proper exercise of its own war powers, placed on his powers. See Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 637 (1952) (Jackson, J., concurring).
Besides restoring rules of law like the FISA controls, it reinstates the Geneva Conventions, affirms Constitutional checks and balances that Bush has ignored, and moots some of those 750 signing statements. So, military tribunals and denying due process are unconstitutional. Torture is unconstitutional. Unwarranted spying is out. Rendition and secret prisons are unconstitutional. Any thoughts of going after the press for exposing secret (illegal) programs will be rethought. I know it won't effect much at this time, but eventually, Constitutional authorities have to recovered. Of course, Congress can come back and re-ordain Bush as Supreme Ruler but I don’t think they dare.
June 29, 2006 10:19 PM | Reply | Permalink
P.S. I agree with you and Reed:
…no bail, and trials starting no later than in the fall, and (if found guilty) harsh penalties…
-for Bush and Co.
June 29, 2006 10:57 PM | Reply | Permalink
Daniel:
You may wish to refer to Bush and his cabal of cronies as cowards and failures. Don't let me stop ya'... But to be more succinct and in all truth, under the bright sunshine of our Constitution they are derelicts in their collective duties to the Constitution and tyrannical in the execution of unlawful orders under the guise of national security. Lawbreakers of the highest order ...
~OGD~
June 29, 2006 11:21 PM | Reply | Permalink
Simple and to the point!
4-**** for Sara...
Like building a bicycle... When all else fails read the damn instructions.
~OGD~
June 29, 2006 11:29 PM | Reply | Permalink
waltdv1 wrote:
"Reed is absolutely correct on this. For all the valid criticisms of Guantanamo I have yet to hear anyone offer a reasonable alternative. The Democrats will not win in November by merely offering criticism - they need to offer leadership."
In order to lead, a leader must communicate guiding principles. The guiding principle of the Democratic Party has generally in the past and ought to be that we follow the Constitution even in times of war. I don't recognize a "reasonable alternative" to that.
The Supreme Court has just smacked down the Bush War Doctrine. If the Democrats can't take up the gauntlet on that fight, then we effectively no longer have a democracy and the November election is moot.
-Dave Adams-
June 30, 2006 12:32 AM | Reply | Permalink
Good question and point there Homefries...
The following is what I cited earlier today in "The Gitmo Ruling and it's Influence on the NSA/FISA/ Oversight Issue" that is still sitting in the Moderation-Submission queue awaiting to be placed in discussion...
From the words of the Majority Opinion on today's ruling from Justice Anthony Kennedy:
With that in mind: You may wish to go back in this thread and read what Don Key had posted:
Don posted the following that was also cited in the Majority Opinion today:
And Don went on to point out in relationship to that citation:
Make sure you read Don Key's post in it's entirety.
In closing: The weight of it all will in itself turn the tide ever so slightly in the favor of the Constitution and thereby "We the People...." Even ol' Belshazzar took notice of the coming doom when Daniel told him what "...the writing on the wall..." meant...
~OGD~
June 30, 2006 12:33 AM | Reply | Permalink
“But that's going to take a lot of effort and political time and energy ,which the court could have saved the president and Congress, if they had just left things alone and let the president and Congress fight between themselves over these matters”. – John Yoo
This Republican Congress fight with this President? My god man! I must say I never regarded you as much of a lawyer; but to be so naïve, too. I don’t think of you as an honorable person. I think you are craven and opportunistic - Mr. Yoo, you did your job, which was to find the “legal” cover this president needed to do whatever the hell he wanted. In the course of it you went from obscurity to sinecure didn’t you? With a few strokes of your pen, and some tortured legal perspective you attempted to eviscerate our Constitution. I think it’s disgusting. And the Supreme Court found your reasoning weak and shallow and wrong.
“Take a lot of political time and energy “. Well, it just might take some time and energy. My Constitution is worth it! Our very system of government is now at stake. I don’t care one wit how much time and energy it takes to “smack” this President into reality. I only hope it can be done. And if it takes the threat of some type of legal action against him I say, “bring it on”! And if the legal action proves successful, I say, “mission accomplished”.
I fought for this country, and swore to defend the Constitution “against all enemies foreign OR domestic”. I truly believe we have domestic enemies to our Constitution – Bush and Cheney (and Yoo). I want them to suffer the consequences of this malfeasance – I want punishment - sure, swift and severe.
Gees, I’m sweating, and my heart is pounding, and I don’t think I’ve ever been so pissed in my life. My friends, including my closest, died fighting under our Flag, and committed to our Constitution. I want the President accountable for what he has done. I want answers under oath. I want the President to explain what he meant when he said the Constitution is “just a goddamn piece of paper.
We are Americans. We believe in fair play, and fair trials. Evidence, witnesses, and no secret Soviet tribunals. This President only believes that we should do what he says. Believe what he tells us. Be afraid if he says we should – well, screw him!
I just want him and the Vice-President to answer to the American people. They work for us. They don’t get to torture, and maim, and kill in my name. They get to be questioned, cross-examined, and explain why they did what they did. And if we find their answers unacceptable, we get rid of them!
June 30, 2006 12:37 AM | Reply | Permalink
dbostrom wrote:
"But no, the administration insists it has to rearrange everything, mostly in the interest of simplfication, apparently. Really, what the administration wanted was something akin to a lynching. In the dust and confusion of the immediate aftermath of 9/11 I'm sure lots of people would have enjoyed some "rough justice", even though it would have been an insult to our country. Now, much later, the administration is still trying to insist on their mob-appealing travesty."
I've been thinking about this, and I've come to the conclusion that it meshes perfectly with Bush's drunken frat-boy persona.
He can't get a single damn thing done properly by following the rules, so he either ignores them or makes up new ones that suit him.
-Dave Adams-
June 30, 2006 12:44 AM | Reply | Permalink
usmc0311, I wish I could rate your post a "5"...
-Dave Adams-
June 30, 2006 1:01 AM | Reply | Permalink
At the risk of piling on, I would have to re-emphasize the point that Rove is not "brilliant". He's a one-trick pony. All he does is slime, slime, slime. His management of the Bush campaigns has been widely overrated - absent widespread voter suppression, Bush would have lost the re-election, something we should all keep in mind.
The American people really do want to see a nation ruled by laws, and not the whims of a President. Haven't we all noticed Bush's approval ratings? Or rather, his disapproval ratings? The 60% of the population who disapprove of his job are not keen on Bush's "I do anything I want to do" approach to being President.
June 30, 2006 2:42 AM | Reply | Permalink
Mike
Umm, no, thank you.
I'm not impressed at all by any anyone who beging with beginning with tactics as dos Mr. Reed.
We have lost election after election by thinking at the tactical level without explicitly making tactic the servant of principle. And I hold it a matter of faith that the majority of Americans are smart enough to understand principle and have enough integrity to stand by it, if the policital leadership does the hard work of explaining it and defending it. Do that, and then the only tactic people need to worry about is defending the principled position against unprincipled opponents without themselveds becoming equally unprincipled.
June 30, 2006 5:17 AM | Reply | Permalink
This post explains exactly why Dems just don't get it. Basically to avoid the "cut and run" label Dems are supposed to cut and run from opposing torture.
"Cut and run" is like a nickname kids get at school they just can't shake. The only way to ever shake it is to embrace it. In fact there is nothing wrong with cutting and running in warfare, for example: "He who fights and runs away lives to fight another day". All warfare is a series of battles in which any side "cuts and runs" when tactically it is losing. Only a madman would advocate another way to fight a war, to waste troops because of being afraid to retreat and regroup.
So "cutting and running" is good not bad which is why Poppy Bush did it in Iraq, and why Cheney supported it then, and why Reagan "cut and ran" from Lebanon. 9/11 didn't happen from cutting and running. Hitler lost because he refused to cut and run in Russia, and so did Napolean. The Viet Cong won by cutting and running, attacking then withdrawing from superior US forces. The insurgents in Iraq are winning there by cutting and running, attacking and just like the Viet Cong withdrawing from the US retaliation.
But Dems are afraid of this label and so are trying to find a way to "cut and "run" which is clearly the best military strategy without appearing to be doing so. And the rightly the Republicans call them hypocrites for it. Those same Republicans if they were soldiers would be the first to frag their officers for failing to cut and run in a losing battle.
So Dems need to grow a spine or explain why growing a spine is inappropriate, not just pretend to grow a spine. In other words stop lying about your strategies, stop being afraid of name calling and explain why you are right and they are wrong. Because the Republicans are wrong, their tactics are basically kamikaze, and calling people chicken.
Voters want to see resolve, but the Dems won't demonstrate any, because "cut and run" has infected all their strategies. To fix this problem they need to convince themselves that cutting and running is the sensible option, in fact it used to be called the Powell Doctrine. Then when they can defend cutting and running when it is needed they can demonstrate resolve about other things that require it.
June 30, 2006 5:23 AM | Reply | Permalink
Listening to the analyses of who makes up the prisoner population of Guantanamo, it looks as though most are innocent bystanders -- an embarrassment to the Administration. I think it goes something like this: there are about 400 prisoners of which about 30 are probably real felons with sufficient evidence to hold up in court. There are maybe 50 more who might -- might -- turn out to have played a role in something making them worth bringing into court. (Don't quote my numbers! My memory isn't that good...)
The rest should not have been picked up, much less held this long. Putting them "on the street" -- or on trial, if the Administration dared -- would only reveal that Guantanamo has been a cruel holding tank for dozens and hundreds of innocents. This "killers on the streets" meme is absurd. There will probably be more "killers on the streets" in the US over this long Fourth of July weekend than anyone's going to find at Guantanamo Bay.
The same report (on NPR yesterday) reveals that there are no signs the prison is going to be shut down. In fact, new buildings are being built -- including something like an elaborate new "intelligence center." Any explanations for that?
June 30, 2006 6:05 AM | Reply | Permalink
The term "enemy combatants" has no legal meaning, it was invented by the Bush admin.
The prisoners at Guantanamo have not been charged with any crimes, just being enemy combatants. The precedent that is being used against them is the case of five German spies who were caught on Long Island after they had been dropped off by a sub during WWII. Since they were not in uniform they were (allegedly) not covered by rules applying to POW's.
The Supreme Court has already ruled that foreign nationals do not has the same rights to due process as do citizens. Even naturalized citizens and "green card" holders don't have equal rights. They can (and have been) deported regardless of how long they have lived in the US.The US is using these rulings to hold many immigrants in the US in limbo for various real and imagined ties to terrorism.
I would interpret the ruling as more about procedural deficiencies rather than human rights abuses. The fact that these prisoners don't have access to counsel or the court system is what bothered the Justices. When it comes to reaffirming the scope of the court's powers they always rule in their own favor. The connection with the Geneva Convention also reflects this concern with legalistic procedures.
I doubt this ruling will have any immediate practical effect, except to stop the trials that were about to begin.
The courts are always very protective of the scope of their authority. A quick piece of legislation giving powers back to the president will be challenged in court and there is a good chance that it too will be found in violation of the constitution. The courts insist that non-military trials be held in civilian courts, otherwise they lose power which they are not about to concede. This is just more symbolic legislation by the Republicans designed to impress voters.
--- Policies not Politics
Daily Landscape
June 30, 2006 7:10 AM | Reply | Permalink
How about a call to rise about epithets and name calling, and set policy in the interesting of forwarding the principles and welfare of the United States and its citizens?
June 30, 2006 7:24 AM | Reply | Permalink
There will "probably" be more killers on the streets in the US over the long weekend? You have got to be kidding. There will certainly be more. The average number of murders in the USA is about 15,000 a year. The average number of people killed by alcohol related car crashes in the US is about 18,000 a year. In terms of potential premature deaths (we will all die, the only issue questions are when and how), those caused by Isaamic jihadists ranks way, way,way down the list.
June 30, 2006 7:42 AM | Reply | Permalink
"While you are fighting the great battle and responding to every move made by your enemy, what is your destiny?" - Mama's last words to young Karl.
dc
June 30, 2006 7:55 AM | Reply | Permalink
I’m basically a legal illiterate or a literate illegal or something. I’ve just been reading summations and conclusions from various sites, mostly
Scotusblog and
Unclaimed Territory.June 30, 2006 10:20 AM | Reply | Permalink
This apparently was also the reaction of Zacharias Moussaoui when the jury did not impose the death penalty. (It's a little hard to tell what the guy really thinks, because he seems to be badly off his rocker.) But if the goal here is to win hearts and minds, this is the way to do it: show these guys what "government of laws and not of men" really means. (A lesson we could use in this country, too.)
June 30, 2006 10:25 AM | Reply | Permalink
I don't disagree with you. However reading letters to the New York Daily News and listening to CNBC I know many Americans don't want the Constitution to interfere with their feeling safe. That Bush and his crew want to create a society that too closely resemebles the sorts we are fighting I agree. I don't want Democrats standing up for the Constitution and never winning another election.
Daniel A. Greenbaum
June 30, 2006 10:50 AM | Reply | Permalink
The Democrats and opponents of the Administration's approach have a very simple position going forward:
1. It is a military problem, the military has established legal processes, direct them to do their job.
2. Trust the military to solve the 500+cases, it is not too much to expect.
3. The mistake was to let civilian lawyers (with only academic experience) working in the Justice Department in Washington DC make military battlefield decisions.
4. Don't divert Congress from current unsolved issues to fiddle around with military justice.
June 30, 2006 10:57 AM | Reply | Permalink
"He's a one trick pony. All he does is slime, slime, slime." You got that right. The book "Bush's Brain" is one long testament on Rove slime, more pointedly, dirty tricks. What he's really mastered is the art of getting away with them, which is the true danger he poses. (Fitzgerald can certainly testify to that.) Having no scruples whatsoever, he is capable of doing whatever it will take to win. No crime is ruled out.
June 30, 2006 10:58 AM | Reply | Permalink
There's doubt about the reliability of the "just a goddamned piece of paper" story. Doug Thompson of capitolhillblue.com is the ONLY person who has reported that, based on anonymous sources, and he has been known to get things wrong. I'm not saying it couldn't have happened -- if Bush could make the "it would be easier if this were a dictatorship" remark, he's sure capable of this one -- but I'd like to see it coming from an independent source before I put too much weight on it.
June 30, 2006 11:16 AM | Reply | Permalink
The so-called Woo doctrine of unrestrained executive power in time of war was a crock from the outset - primarily because we are not at war with Iraq. We liberated them, remember, so now we're at war with them? Even if we call it War on Terrorism, unrestrained executive authority doesn't apply. It certainly didn't apply when we had our War on Crime, or our War on Drugs. I'd like the Supremes to define 'war' as it's used in the Constitution. Afterall, we seem to be constantly having one so it's about time it gets defined constitutionally.
June 30, 2006 11:19 AM | Reply | Permalink
So "cutting and running" is good not bad which is why Poppy Bush did it in Iraq, and why Cheney supported it then, and why Reagan "cut and ran" from Lebanon. 9/11 didn't happen from cutting and running. Hitler lost because he refused to cut and run in Russia, and so did Napolean..
George Washington and Sam Houston made, ah, extensive use of cutting and running. It was known as "retreat," back in their day.
June 30, 2006 11:39 AM | Reply | Permalink
Say what? Did you mean "naturalized citizens" or "resident aliens"? Since when did naturalized citizens not have all of the same rights that native-born citizens have except the right to become president/vice-president of the United States?
June 30, 2006 11:52 AM | Reply | Permalink
I simply don't understand why the Democrats are wasting there time defending and/or running from the 'Cut & Run' position when they could be attacking the Republican War Policy espoused by McCain, Frist et.al that is captured in the Rovian Phrase "Stay & Pay."
The Democrats need to give it back to Rove the way he is giving it to them by framing the issue for the voters as a choice between 'Cut(our losses) &(let the Iraquis) Run (it)' or the 'Stay & Pay' position of Bill Frist and the Boys.
June 30, 2006 12:17 PM | Reply | Permalink
Look it up. Both naturalized citizens and resident aliens can be deported. The naturalized citizens just have their citizenship revoked first. Resident aliens don't share all the rights of citizens either. Aside from voting they are not permitted to inherit their spouse's estate tax free under the marital exemption, for example.
--- Policies not Politics
Daily Landscape
June 30, 2006 12:49 PM | Reply | Permalink
As I understand it naturalized citizens can only have their citizenship revoked if they committed perjurty on their original entry or other forms that allowed them to get their citizenship.
Daniel A. Greenbaum
June 30, 2006 12:56 PM | Reply | Permalink
It doesn't meant that the Supreme Court is right, or that they will not correct this obvious error in the future. There can be no justice without equal applicability to all.
June 30, 2006 1:47 PM | Reply | Permalink
Politcally, Mr. Hundt is right of course, much as those who have suggested that Democrats should support a muscular foreign policy devoted to Democratizing and Modernizing the Arab-Muslim world (giant mall palaces and 9/10 naked arses on television being the leading indicators of modernity, no doubt) are right. Much as those who counsel Democrats to support an enforcement-only immigration bill and not even mention what should be done about those already here (except perhaps deport them to Madagascar). Best to go even further in fact, propose a wall worthy of Hadrian (and no doubt just as effective), a lava moat, sharks. Mr. Hundt is right, just like those Wise Men who urged Mr. Clinton to return to his home state to turn the execution of a drueling retard into a media spectacle.
The suspension of Habeas Corpus and prison camps worthy of Adolf did not win the Civil War. The suspension of civil liberties and the internment of Japanese-Americans did not win the Second World War.
And the bugging of every phone in America, indefinite detention of prisoners, or the creation of a separate justice system for detainees will eliminate or radically diminish the threat of radical Islamism, however unlikely it is the dumb middle (let alone the dumber right) of the American electorate is liable to be convinced of this.
But if Democrats are not going to be the ones to say so out loud, who will?
The fact of the matter is that most of those being held at Guantanamo are Arab and Afghanistani kids caught up a war between the Taliban and Northern Alliance, not brilliant masterminds of international terrorism. Either treat them as prisoners of war - with all the rights and obligations therein - releasing them as soon as hostilities in Afghanistan are declared over. If they are international criminals try them in federal courts or the Hague. And if they are none of the above put them on planes and send them home.
One day we will learn just how many were none of the above, and we will - or at least should - feel ashamed.
For now, Mr. Hundt's comments remind me why I am not a Democrat.
June 30, 2006 2:18 PM | Reply | Permalink
Very good point ionFreeman:
Now where's that phone number...
Ah here it is...
Sorry ... couldn't resist my inner Merry Prankster. The ghost of Ken Kesey made me do it!
ps: Would you like to meet my friend Nurse Ratchet?
~OGD~
June 30, 2006 2:40 PM | Reply | Permalink
"I don't want Democrats standing up for the Constitution and never winning another election."
I do want Democrats standing up for the Constitution. It is up to us to win elections, but standing up for the Constitution is not a negotiable position. I'm going to assume you mistyped when you posted that statement.
Hoppy in Sacramento
June 30, 2006 2:42 PM | Reply | Permalink
Well I give you high-fives for taking the time and at the very least looking into the heart of a matter before jumping into the fire...
Myself? I'm just a plain ol' ex-sailor boy with a knack for sniffin' out the bull...
I appreciate your input.
~OGD~
June 30, 2006 2:53 PM | Reply | Permalink
If the Democrats don't start standing up for the Constitution there may not be many more elections.
June 30, 2006 2:55 PM | Reply | Permalink
I liked Stephen Colbert's take on appropriate way to pander -- Democrats can advocate abolishing the Supreme Court. I mean if you're going to pander, don't hold back.
June 30, 2006 2:58 PM | Reply | Permalink
I find it a little disturbing to think that Democrats should develop a Gitmo policy not based on the facts and what will best serve justice but rather as a way to counter whatever we think Karl Rove might say about Supreme Court decision.
thosethingswesay.blogspot.com
June 30, 2006 3:40 PM | Reply | Permalink
Hoppy, as usual, you are 100% right, and very insightful in the way you express it. However, did you see the news today? Frist will introduce a bill on July 5th to let Bush continue with his dirty deeds in Gitmo, but lawfully, since it will be by Congressional mandate.
I have yet to hear ONE SINGLE DEMOCRAT say what you said:
Our President, our country, has just been deemed by our own Supreme Court to have committed War crimes - violations of the Geneva Conventions.
Why not? What in the hell do Democrats have to lose by taking the high road at this point? They have certainly plenty of experience taking the low road --> without results, I might add!
But, Reed sees this as a plus for the Republicans???
I actually don't think he SEES it as a plus, but in the vacuum of morality on Capital Hill (what with all the big moral issues like flag-burning, etc) he thinks they will turn up into down, black into white, and an internationally disgraced president into their own little "talking point." Why? Because that is what they have done from the start. How else could an AWOL chicken-hawk accuse a war hero of being a coward -- and get away with it? How else can all these "leaders" who got out of ever putting on a uniform garner any respect when they continue to make horrifically bad military decisions? How else can such dishonest and meaningless phrases like, "Stay the course, Freedom is on the march, Cut and Run," and on and on...be used successfully to stymie the Democrats over & over again?
I truly hope you're right and he's wrong. I'd like to see it right now!
Jan Knaus
June 30, 2006 4:06 PM | Reply | Permalink
I don't want Democrats standing up for the Constitution and never winning another election.
Daniel, please re-read this sentence and see if you really stand behind it. Do you see it as, either -- or? The republicans evidently do. That is the philosophy that has gotten the Bush crime family where they are.
If winning an election is more important than the entire basis of our country, then it is probably time to start a new country.
Jan Knaus
June 30, 2006 4:31 PM | Reply | Permalink
Agree.First and foremost speak for what makes sense. Don't let Karl Rove drive real policy. That is what Democrats accuse Karl of, making policy subservient to politics!!
I am advocating that Democrats and Administration opponents give the military the judicial job for detainees. It should be theirs, it happened on the battlefield and the system exists.They have a whole Judge Advocate Corps of legal professionals. Have them do their job.
June 30, 2006 4:35 PM | Reply | Permalink
...we are not at war with Iraq. We liberated them, remember, so now we're at war with them?
Great point, Phelicity!!!!!!!!!!!!!!!
I'd like the Supremes to define 'war' as it's used in the Constitution. Afterall, we seem to be constantly having one so it's about time it gets defined constitutionally.
So would I! Don't have too much to add, just wanted to second your thoughts!
Jan Knaus
June 30, 2006 4:37 PM | Reply | Permalink
I want to see the Democrats separate the moral from the practical, policy. Let me explain.
I want them to advocate giving justice for detainees back to the military to handle according to existing military law. [Giving it to the military means the military legal professionals in the Judge Advocate Corps] This takes the politicans and Congress out of it. The US military justice system meets Geneva etc.
My logic is that justice for the battlefield should not be dreamed up by a civilian, academic lawyer sitting in Washington DC. Don't give a practical, nuts and bolts job to a theory guy.
Simeltaneously I want Democrats and Administration opponents to become advocates for the high standards that should be the basis for all US policy (be it military, foreign policy, intelligence, whatever). These standards come from US founding documents. We should not compromise those standards. I want a separate high standards discussion cause it is the foundation for so much more than detainees.
I like this from today's WaPo [my emphasis]:
June 30, 2006 4:45 PM | Reply | Permalink
Brat.
I didn't mean Reed. Since you put up a rather excellent post, I'll forgive the dig. However, please do note C'ville's rather excellent refute.
Um, yeah. That would be an affirmative there, Hoppy sir. We broke International Law just by invading Iraq, and, forgive me if I'm mistaken here, we Dems said that very thing, but guess who won. Bush the war criminal.
So I do apologize if I seemed a tad grim--it's the same script being played over and over that grates on the nerves. Or that I'm getting a divorce. Maybe both.I used to work in your fair city, kitty-corner from the GAP by the embarcadero. There's a bakery near there called sweet joanna's. Best cranberry scones I ever tasted. They were so good, I always bought two, so I could share. Maybe they're still there.
CSPAN junkies visit http://spannerbackup.ipbhost.comJune 30, 2006 5:08 PM | Reply | Permalink
One can always hope. To be honest. I think folks are coming round. Bush is messing up on more than just Iraq.
CSPAN junkies visit http://spannerbackup.ipbhost.com
June 30, 2006 5:13 PM | Reply | Permalink
Over the years, Capitol Hill Blue has shown itself to be unafraid to publish controversial articles, which immediately exposed them to attacks regarding their credibility. The great majority of the time, the story Capitol Hill Blue published turned out to be truthful, and when it did not, they have shown themselves to be honourable, and to quickly retract the story with a published apology.
Capitol Hill Blue's editor, Doug Thompson, recently wrote that they still stand behind their report that Bush called the Constitution "just a goddamned piece of paper".
Late in 2005, Thompson also offered some insight into why he believes the veracity of the report:
Thompson has also defended Capitol Hill Blue's integrity, as well as his own:
So, unless you have substantive evidence that this report is false, I will take Doug Thompson's word on it. It's good enough for me.
June 30, 2006 5:36 PM | Reply | Permalink
Ah, yes, the military should handle the GITMO mess. Unfortunately, the military can only handle POW's, and, the Geneva Conventions are pretty clear about how POW's can be handled. For starters, once the war is over, as this one has been for some time, POW's have to be released or tried for war crimes. BushCo understood this, so they didn't call these prisoners POW's, but if they aren't POW's, the military can't handle them, since the military can't take civilians as prisoners, send them off to prison camps and hold them without charges. What a tangled web we weave, once we practice to deceive!
At this point, it appears to me that the only thing that can be done that comes close to being legal is to immediately bring specific charges against each and every one of our POW's, and try them within about 2 months, in US courts. Even that is illegal, but it comes close enough, perhaps, to count. Far better, and certainly far more legal, would be to send every one of them back to the country where they supposed committed crimes, for trials there.
Hoppy in Sacramento
June 30, 2006 5:43 PM | Reply | Permalink
Workerbee, Yeah, divorce is so tough. It is so commonplace that it normally doesn't get acknowledged for the trauma that it inflicts.
OK, off thread:
But re your post-name, my house has a beehive that I am trying to coax to a new location. Problemo--> probably 40 pounds of wax and honey once they are seduced to leave and no longer flap their little wings to cool the whole mess off! Where is the hive? Right over my computer!
The fun never ends here in divorce-land! Hey, good luck!
Jan Knaus
June 30, 2006 5:58 PM | Reply | Permalink
The reasonable alternative to Guantanamo? Free the prisoners against whom we can't make a case. Are some of them dangerous? Maybe, though after five years in a cage they may need some help getting back in the game. So what? They can do us some harm, but they can't destroy us. Just do it. Stop disgracing this country's principles.
June 30, 2006 6:05 PM | Reply | Permalink
I went to the military because of the discussion in the case decision about Article 3, Geneva convention which deals with those detained in civil wars or non-trational war between states. My leap was that there were military proceedings to correspond to or meet the requirements of Article 3.
And if I am wrong why wouldn't the smart President still give the problem to the military since it is a battle thing and from what the military say it is very important to them how we treat those we detain since the military know that they too can be held. Let the military find a way to handle the problem. If they need statutory changes let military justice/legal professionals propose them.
I have this weird thing about delegating jobs to those who should be responsible because they have the professional experience rather than giving jobs to highly motivated woefully unprepared people and organizations.
June 30, 2006 7:10 PM | Reply | Permalink
The Supreme Court doesn't have to define "war". The Constitution already does that. War is what the Congress declares to be war. The President has no Constitutional role to play in determining whether we are at war. The fact that the Congress has been too chicken for decades to perform that duty isn't the point, and this Congress handing Bush a blank check to use the military against anyone he wishes is also not the point. Unless the Congress declares war, we are not at war. Note that immediately after Japan attacked us in 1941, FDR did not say "we are at war", he asked Congress to declare war, which they did. Even in the Korean "war", Truman did not say we were at war, he asked the UN to authorize military intervention as a police action in Korea. But, Truman understood the UN Charter.
Hoppy in Sacramento
June 30, 2006 9:38 PM | Reply | Permalink
What is this situation really all about? The Dems are terrified that their left wing "big tent" will force them into making some policies that will lose the center and center right voters and cost them the election. So while Bush courts his right wing base so carefully the Dems ignore their base assuming they will vote anyway. So who has the right strategy? Clearly the Republicans have done better by not ignoring their base like the Dems.
Ideally the Dems should adopt a conservative foreign policy, but not a neoconservative one. Often foreign policy is bipartisan anyway so they should scour places like the Council for Foreign Relations for conservatives that don't agree with Bush, like those who used to work for Reagan and Clinton. Get them on board with the understanding they will have real input if the Dems win the presidency. Then Bush loses most of his real conservative base, as they will be prepared to vote for a basically conservative foreign policy. This is what Clinton did.
The Dems shouldn't care since those conservatives are isolationist anyway, and Dem philosphy is about helping the poor and disadvantaged, not deciding who to kill in other countries. The right will be reduced to supported their lunatic fringe against the Dems which will represent the conservative mainstream.
Also the Dems should be running on right wing conservative economic policy, and getting enough bipartisan advisors to make it look real to the center right. So this is good for everyone since this means reducing the deficit, getting rid of corruption, etc. Essentially it is probably running economic policy like Reuben again with a combination of McCain. Again good policy and good for the country.
So the real conservative base is stolen from the Republicans in economics and foreign policy, like Clinton did. The right then have to run against this on God, Guns, and Gays, or come to their senses.
Then the Dems can offer goodies to their own base, like raising the minimum wage, universal health care, cutting down the military budget again, tough ethical rules in Congress, etc. They cut and run from Iraq, and should in fact break it into 3 countries under the principle divide and conquer.
The Dems shouldn't be trying to please the far right with anything, just offering what the real conservatives want. In the last election they did the opposite, talking about God, Guns, and Gays all the time when the real conservatives (the silent right wing majority) wanted to see good economic housekeeping and minding our own business in foreign policy.
They should get all the generals who spoke out against Bush and make them into an advisory panel on getting out of Iraq.
June 30, 2006 11:03 PM | Reply | Permalink
So why then are the Dems afraid to discuss retreat? In fact the neocons are treating Al Quaeda as the new communism. Nixon believed in the domino principle, that it was necessary to fight the commies in Vietnam so they wouldn't have to fight them in America, the same flypaper doctrine. They also believed that countries would collapse one after another like dominoes forming a huge Communist empire.
Now the neocons believe in the Caliphate, said to be Bin Laden's goal and that muslim countries will fall like dominoes and a huge extremist Muslim empire will form. In effect the reason this won't happen is the same reason it didn't happen with Communism and McNamara said in the film about him as Defense Secreatary. The fact is all separate countries have their own interests and consider all other countries foreigners, and so don't want to join any empire. So the Caliphate will fail because countries won't want to join it, like Communism failed in the same way.
June 30, 2006 11:36 PM | Reply | Permalink
The Dems can't win by only trying to say the Republicans are worse. The right wants to demonise the concept of retreat and conserving military resources as cut and running, and implying cowardice. In fact it is not cowardice at all but standard ways to run a military as any general will tell you. So the Dems can't do the right thing militarily until they fight the stigma associated with their correct strategy.
No sane general would advocate wasting soldier's lives to avoid emboldening the enemy or because Bin laden might think them chicken for doing so. This is Cheney's strategy and he has openly said this. Luring soldiers into a losing battle by calling their leaders cowards is no way to run a military.
June 30, 2006 11:44 PM | Reply | Permalink
"murderers and terrorists" these people have not been charged and they are not p.o.w.'s. "harsh penalties?" for people who have already served 5 years of harsh treatment. How many of them are still sane?
July 1, 2006 1:24 AM | Reply | Permalink
Nixon did not believe the domino theory was in play in Vietnam. He traded blood for votes in '72 and punked the South Vietnamese gov real good.
Read about the treacherous "Decent Interval" at:
Then read Kissinger's Conversation with Zhou Enlai, 20 June 1972 (pp 27-37) at the NSA Archives.
Keep the memory of the Nixon dark/evil alive.
July 1, 2006 4:25 AM | Reply | Permalink
I read Nixon's and Kissinger's memoirs in full, and it was quite clear they believed that Asian countries might fall one after another, and to prevent this they were making a stand in Vietnam. For example also:
"The Cuban Missile Crisis was the final incident that declared the severity of the communist threat. During this period, many theories reflected and further provoked these fears; Dulles’ domino theory stated that if one country fell to communism, surrounding countries would fall as well."
http://s00.middlebury.edu/GG214A/STUDENTS/Liberation/Ideology/Paper.htm
By this time, proponents of "containment" were also talking about "the Domino Theory." Hardly a theory at all, since it had little or no intellectual content, the "domino theory" argued that if one nation (Vietnam) fell to the communists, neighboring nations would fall as well--like dominos. This absurd argument perpetuated the tendency, deeply rooted in the doctrine of containment, to see other nations as having no history, no past, no culture that mattered. They were simply dominos in a row, to be knocked down or picked up by the world's two largest powers.
http://chnm.gmu.edu/courses/122/vietnam/lecture.html
The neocons are doing the same thing now, spending blood and treasure to contain Al Queda from knocking over Muslim states like dominoes.
July 1, 2006 5:43 AM | Reply | Permalink
Thanks. :)
Try a beekeeper.
lol
CSPAN junkies visit http://spannerbackup.ipbhost.com
July 1, 2006 6:44 AM | Reply | Permalink
I'd just like to remind people that we are not at "war" in Iraq and Afghanistan. The war is over. We are occupying them. The proof is rather simple, one does not undertake reconstruction projects while there is a war going on. Did we start to build Japan and Germany before the war ended?
Since the war is over the treatment of prisoners needs to be adjusted accordingly.
--- Policies not Politics
Daily Landscape
July 1, 2006 7:04 AM | Reply | Permalink
RogerGathman
Reed is so right. The only way to build a humane, liberal alternative with a Democratic majority is to demand that every Guantanomo detainee be flayed in public before the trial. That would be even more brilliant than the brilliant General Rove! I recommend the tactics used by the French monarchy in the pre-Revolutionary years, where four horses were attached to the four limbs of the prisoner and urged to trot in opposite directions. It is the only way that good, decent Americans will have a chance to see that Democrats represent them too!
But this isn't all. To really undercut the brilliant General Rove, especially in the South, Dems can also come out for abolishing the Civil Rights act of 64 and bringing back Jim Crow! Southern working men, alienated from certain milksops on the far left of the spectrum, will then see the liberal, humane policies of FDR's party as their natural choice.
Thinking outside of the box like this is why I so love the DLC and all it stands for.
July 1, 2006 7:23 AM | Reply | Permalink
That is an interesting observation. Of course we demanded unconditional surrender by the Germans and the Japanese. Do you think we should have done that if Afghanistan and Iraq? It hightlights the problem, especially for the United States, of limited wars.
Daniel A. Greenbaum
July 1, 2006 7:39 AM | Reply | Permalink
First you have to read the post I was responding to. I originally suggested that Democrats have to fight back by calling Rove and Bush for what they are cowards and incompetents. There was a response to that pointing out the Constitution is under atack. I agree with that.
However, if Democrats only complain about violations of the Constitution, are only seen as worrying about the rights of people at Guantanomo Democrats will never win another election.
My point was not that it is either /or but that Demcorats why do often only play defense and they need to hit back. They need to put Bush and the Republicans on the defensive or they will spend the next five months and I fear many years to come explaining why they will allow America to be attacked.
Remember if you are preceived as unwilling to defend yourself you are not likely to be seen as defending others.
Daniel A. Greenbaum
July 1, 2006 7:47 AM | Reply | Permalink
Try a beekeeper.
lol
Actually, I googled beekeepers, and found one who has me on his "list." He will come and make a hole in my ceiling, spray sweet mists in (to keep them calm) and vacuum them out with a special "bee vacuum. Then he'll take the whole hive to his place and let them start over. He'll take all the honey he can get, but some will be left behind.
Sorry this is so off-thread, but I find the whole thing fascinating.
Jan Knaus
July 1, 2006 7:51 AM | Reply | Permalink
"Unless Congress declares war, we are not at war." I couldn't agree more, Hoppy, and that's sort of a back door to my point. But let the Supremes, by way of some case of course, challenge this president's use of the term in regard to Iraq. Perhaps, let's hope not, the Supreme's will be able to apply one their convoluted interpretations of war as expressed in the Constitution and voila, the president can declare war. If it goes the other way it opens to question everything from unitary government to domestic spying to whatever other horror is down the pike from this government. Certainly all the wars of the last century, some of which you cite, even though most were not constitutional wars felt like, looked like, killed like they were wars. Since this century is beginning to look like a repeat of the last, isn't it about time we at least applied some semantics to the term.
July 1, 2006 11:06 AM | Reply | Permalink
You counter my citations of actual recordings and transcripts from the Nixon Administration with Nixon's and Kissinger's personal memoirs? I will try to remain civil and not derisive.
Kissinger had fought for years to keep his papers confidential until five years after he died, but lost in court. The last batch released by the NSA Archives give a pretty good indication why he wanted to be long dead before their release.
Nixon had by December of 1970 decided that Vietnam was a lost cause, and bled North and South Vietnam as well as us out for over two more years, to assure that when the South fell, if would come after his re election. Peruse the Miller online Nixon display I cited earlier, and see what kind of a political realist Nixon really was.
This has veered way off thread. I'll see if I can't compose a piece about the "Decent Interval", for the TPM Cafe Tables. It has present relevance, given current circumstances and the often hurled deceitful claim that the left caused the fall of Saigon. Watch for it, I'm fairly certain it will pass muster, and be voted onsite.
July 1, 2006 11:43 AM | Reply | Permalink
My apologies, too. But it is rather fascinating. I once did an illustration of how to build a beehive for a book I designed.
It was one of the few books I've paged that I had to actually finish reading it before I could finish the work on the pages, the story was so very interesting. About-- believe it or not- -a divorced woman who took up beekeeping in Maine because her young daughter urged her to.
Oh, and the only time an author EVER sent me a thank-you gift. It was a tiny jar of honey. From her bees.
Now back full circle, thanks for the smiles.
:)
Sorry everyone.
CSPAN junkies visit http://spannerbackup.ipbhost.com
July 1, 2006 7:40 PM | Reply | Permalink
I am simply making the point that Republicans are pushing the notion of a Caliphate to be built by Al Quaeda and that we are supposedly fighting in Iraq to stop the dominoes falling (as in Vietnam) and this vast empire of Bin Laden's forming.
But the problems are three fold. The first is that Democrats have a traditional, succesful foreign policy and one that is practised successfully by left wing governments around the world. It is not better or worse than the Republican model, sometimes the left's answers are more applicable to the situation and sometimes the right's are. Usually this happens when one side becomes extremist like the neocons and so the other side needs to restore the balance.
The second part of the problem though is that Rove is good at demonising traditional left wing policies to the point where the left is afraid to openly defend them. So then they, being afraid of the "cut and run" taunt are unable to put forward the obvious military tactic of retreat and concentrating one's forces to their maximum effect. So they try and pretend they aren't advocating "cut and run" and so end up flip flopping between a retreat that isn't "cut and run" (which is absurd as the terms mean the same thing), or they give up the whole notion of left wing policy (like Lieberman) and embrace a Kamikaze stay and pay. Both tactics are wrong because you can't run on a negative, saying the Dems represent anti Rove or anti Bush.
This happens in every major policy area, the Democrats are simply afraid of defending their traditional policies because of Rove's name calling. So they don't defend the minimum wage rise on the prepostrous charge that it is bad to reduce corporate profits by doing so. Instead of the Lieberman way of caving in they need to defend their principles of left wing economic policy.
The elitist slur is one Democrats hide from but they should be proud of elitism and stop thinking that they need to have dumb ass policies to avoid this charge by Rove. Otherwise it turns into a version of Dumb versus Dumber policies.
The rule then is take all the slurs by Rove, put them together and that is the correct policy for the Dems. Instead of avoiding those policies one has to defend them as correct even though they can be made to sound bad. So elitism can be good, as can cut and running, supporting welfare queens, psychoanalysing terrorists, treating terrorism like a police action instead of war, killing babies with abortion, coddling criminals, being soft on drugs, drowning companies in red tape, tree hugging, being Too Liberal, cheese eating, appeasing Iran, persecuting the rich, and so on.
These are left wing policies, they do work well in some circumstances, and this is what a left wing party runs on. They don't run as Republican Lite or flip flop as pretending their policies are really something else.
July 2, 2006 1:17 AM | Reply | Permalink
"I recommend the tactics used by the French monarchy in the pre-Revolutionary years, where four horses were attached to the four limbs of the prisoner and urged to trot in opposite directions." This horrific method of execution was, according to Michel Foucaualt, used exactly twice, on regicides: in 1610 on Ravaillac, the assassin of Henri IV, and in 1757 on Damiens, the attempted murderer of Louis XV. Hardly a tactic, though the regular form of execution for brigandage, breaking on the wheel, was a slow death similar to cruxifixion.
Far more relevant to today's monarchic USA is Foucault's account of the bureaucratised torture of suspects by investigating magistrates. They had a little book, which advised them for example not to torture if they could convict safely without it, for there was always a chance that the suspect would hold out, in which case he or she would have to be released. It was also policy that suspects never be informed of the precise charges against them. These methods are the logical concomitant of absolutism. What is surprising is how very quickly the USA has slid down into them.
July 2, 2006 1:36 PM | Reply | Permalink
"Guantanamo may have 30-40 'real' cases: OSCE inspector" at http://news.yahoo.com/s/afp/usattacksguantanamo
That's out of a total of 460 detainees, the Organization for Security and Cooperation in Europe says. Not sure if everyone saw this, but it would be a powerful arguing point if the Dems ever decide to argue for basic decency.
July 2, 2006 2:00 PM | Reply | Permalink
Thanks, that makes it clearer, but I feel like we are walking in one of those moon-bounce things; every step we take is blown up and used as a talking point by Rove et al.
The latest I heard in response to Pelosi's statement about the Supreme Court decision is that "Democrats favor giving special treatment to terrorists." (Pure Rove)
Every time a talking head asks about special treatment for the "terrorists" in Gitmo, someone has to sit back and say that many hundreds of those PRISONERS have been freed, presumably because they were found to be innocent: ie - they have been found NOT to be terrorists.
If a murder suspect is in jail, can we legitimately say, "The murderer's trial will be held next week?" NO, So why is it kosher to refer to these detainees -- who have NEVER had the opportunity to face their accusers, or even know their charges --terrorists?
Why? Because it suits the administration's propaganda. Because according to the Rove template, whenever anyone says what I just said, it makes them look like they are "soft on terror" to all the sheep who follow the Bush creed. It is those people who care less about the Constitution than they do the fear that has been stoked so successfully by this bunch.
We'll never win the Kool-Aid bunch, so forget pandering to them. It's time to educate swing voters.
By definition, they are people who listen, and pay attention, and think about their votes. How about giving them some facts? Some thoughtful evaluation of what we believe? How about ignoring, or LAUGHING at the absurd statements like the equivalent of "Democrats love terrorists."
I agree that if we only repeatedly sound like all we care about is the prisoners at Gitmo, then we continually lose ground. But our focus should be on the abuses of this administration, and also on the point that Hoppy brought up: the bottom line of the Supreme's decision is this -- The Bush administration has flauted the Constitution, which is the ONLY protection that every citizen has in common. Then we need to document all the signing statements, etc.
Fox News will refute it, but some thoughtful people just might pay attention. What do we have to lose?
Jan Knaus
July 2, 2006 3:41 PM | Reply | Permalink
We must simply refuse to concede them points. Just say "We teach our children to obey the law and respect the courts and we have faith that in the long run that is the best way to keep them both free and safe".
July 2, 2006 5:26 PM | Reply | Permalink
When did stopping the World Wide Caliphate becaome a reason for warring uopon the secular Pan Arabist State of Iraq? If anyone were to proffer that one to my face, I would be unable to respond through my laughter. Bush has greatly aided the cause of Ummah with his waging of unjustifiable war upon Iraq, as he slept with the devils, the butcher of Andijon, Islam Kerimov, as well and the abrogator of Pakistani democracy, Pervez Musharraf.
In large measure, where the one world caliphate holds sway is in the central Asian Steppes, and it has been the repressive Kerimov government in Uzbekistan, as well as other kleptocracies in the region, who have empowered the idea through their martyring of poor muslims who desire an end to their long endured yoke of tyranny.
I would advise the Jamestown Foundation as a good starting point for looking into what is happenning in central Asia. Search for an author named 'Rotar'.
To a lesser degree a Nixon Center realist named Zeyno Baran is worth the reading regarding her research into Hzib ut Tahir, but her allegories to their following Marxist strategies is specious as well as suspect in my mind, and is more a product of her Turkish ethnicity than reality.
The blogger site of the 'moderate muslims' at Aqoul offer illumination, as they often do.
July 2, 2006 11:48 PM | Reply | Permalink
That figure of 460 detainees at Guantanamo Bay is extremely deceptive, because it does not account for the hundreds of former Gitmo residents it has been reported have been repatriated, rendered, or imprisoned in their home countries.
In July, 2003, The Associated Press used a figure of 680 as the then present estimate of detainees.
In August 11, 2006, AdnKronos International reported 107 Yemenis at Guantanamo Bay were due to be released, and that 110 Afghani citizens were repatriated the week before their article.
Reuters told of a big Bush weaseling in January, 2006, when he agreed to accept the McCain anti-torture amendment, but only after the Semate had seriously mucked up Habeas Corpus, a natural human right which certainly is amongst the self-evident rights of all humans, which its abrogation was cited as a justifiable cause for Delaring Independence from England. The arrogance, and willful disreagard of the Senators who stripped habeas corpus away as an afterthought should be thrown into their next campaigns as evidence of their disregard for a legitimate limited government.
Senator Lindsey Graham (nasal whiner, South Carolina) is a most egregious example, and I actually felt the man might have possessed honour in his strident advocation for the McCain anti-torture ammendment, but he almost immediately began to equivocate on habeas corpus rights. This is no doubt whatsoever that the US government is restarined from the theft of that from any human. A conviction must occur first, which follows due process of law. Right after the SCOTUS Hamdan v Rumsfeld decision came down, Graham was on TV, saying that there was no way the civillian justice system could handle it. He doesn't believe in the US Judiciary, theferfore he has violated his oath to defend and uphold the Constitution.
There have been many more reports of Guatanamo prisoner releases, although nothin gclose to an honest accounting from the Bush Administration.
July 3, 2006 1:23 AM | Reply | Permalink
Jan
If Democratic politicans only express policy positions they are going to lose.
There are three, or at least three, different parts of this issue. There is the formulation of positions. Democrats never have a problem putting out position papers by the ream.
There is also the need to explain and educate the public about those positions. For example Bush's trampling of the Constitution needs to be explained. The public needs to be educated that just because they are "innocent" they have to worry about surveilance and other acts that trample the Constitution that are shortsighted and potentially dangerous in a democratic republic such as the United States.
Just as importantly Democrats have to fight back. When they are accused of being unpatriotic or soft on terrorism they must not whine about it not being fair or that Republicans should play nicer. Instead as Bill Clinton did, as John Murtha and James Webb recently have done you belt the Republicans back.
That was my point. Should the Democrats vigorously defend the Constitution absolutely and they should go to the public swinging about they ways the Constitution is being abused. But unless you never want to see the Democrats win office again they have to get tougher at the third part of the equation. Rove thinks the war on terror is a good political issue precisely because he believes Republicans will paint the Democrats as weaklings and the Democrats whining will prove them correct.
Daniel A. Greenbaum
July 3, 2006 8:28 AM | Reply | Permalink
Far too many Americans are somnambulists who allow the demands of their lives to impede their logic capabilities.
Far too many Americans are arrogantly naive, refusing to parse the necessary data needed to make their own rational decisions.
Far too many American believe in the righteousness of the three monkeys. They proudly wear the symobls of their faith; the blindfold, the earplugs and the cork.
None of these can be properly defined as 'innocent'. Ignorance is no is not a valid defense.
July 3, 2006 4:24 PM | Reply | Permalink