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Think Progress

January 6, 2009

by Faiz Shakir, Amanda Terkel, Satyam Khanna, Matt Corley, Benjamin Armbruster, Ali Frick, and Ryan Powers

NATIONAL SECURITY

Putting The Law Back Into Intelligence

Yesterday, press reports indicated that President-elect Obama had decided on his choices to lead the intelligence community, choosing President Clinton's former White House chief of staff Leon Panetta as CIA Director and retired admiral Dennis Blair as Director of National Intelligence. Obama is also expected to choose Indiana law professor Dawn Johnsen as Assistant Attorney General for the Office of Legal Counsel (OLC). After eight years of lawlessness and ever-expanding executive power that have tarnished the intelligence community, these picks are indicative of Obama's intent to work within the rule of law in fighting terrorism, sending "an unequivocal message that controversial administration policies approving harsh interrogations, waterboarding and extraordinary renditions...and warrantless wiretapping are over." Salon's Glenn Greenwald remarked that Johnsen is a "true expert on executive power and, specifically, the role and obligation of the OLC in restricting presidential decisions to their lawful scope." Similarly, neither Panetta nor Blair is "tainted by associations with Bush administration policies, in large part because they both come from outside the intelligence world," noted the Associated Press.

THE BUSH TOUCH: Initially, reports indicated that Obama would pick former CIA official John Brennan to head the agency. But Brennan withdrew his name from consideration after several progressive bloggers raised concerns that he had supported Bush's interrogation policies while at the CIA. Brennan had also supported immunity for telecommunications companies involved in Bush's illegal spying program. After the progressive backlash over Brennan, the Wall Street Journal reported that Obama was "moving more slowly on his intelligence picks in an attempt to find experienced officials who aren't associated with the Bush administration’s controversial interrogation policies." Then, last month, the press hinted that Obama "might ask CIA Director Mike Hayden to stay on for a while." Keeping with Bush administration policy, Hayden has refused to condemn waterboarding as torture and has dismissed "torture" as a "legal term." "We cloud the debate when, when we throw the word torture out there, I think, in a far too casual way," he said in March 2008. In 2007, after CIA Inspector General John Helgerson warned that some C.I.A.-approved interrogations seemed to "constitute cruel, inhuman and degrading treatment," Hayden ordered an inquiry into Helgerson's office, focusing on complaints that Helgerson was on "a crusade against those who have participated in controversial detention programs." 

A CLEAN BREAK: Panetta represents a stark departure from the Bush administration's intelligence professionals who were involved or closely associated with Bush's torture policies. Elisa Massimino, executive director of Human Rights First, said it is important that the new CIA director be someone "who recognizes that torture is illegal, immoral, dangerous and counterproductive." Indeed, Panetta has frequently criticized the administration's torture record. "Torture is illegal, immoral, dangerous and counterproductive. And yet, the president is using fear to trump the law," he said in March 2008, offering support of legislation compelling the CIA to comply with the Army Field Manual's interrogation practices. Answering critics who say they would rather have a more seasoned "intelligence professional" at the CIA's helm," former 9/11 Commissioner Tim Roemer remarked, "I think he does bring a knowledge of the CIA and good national security experience from both his time on the Hill and the Iraq Study Group...and as chief of staff to the president where you're immersed in it on an hourly basis."

INTELLIGENCE WITHIN THE LAW: One of the most consequential -- but generally unheard of -- offices in the federal government is the Justice Department's Office of Legal Counsel. Under Bush, the reputation of the OLC has been stained by "torture memos" written by Jay Bybee and John Yoo. After clashing with Vice President Cheney's office on torture, former OLC head Jack Goldsmith said the memos had "no foundation" in any "source of law". Recently, President Bush tried to install torture apologist Steven Bradbury as OLC head. As a legal scholar, Johnsen has excoriated Bush's legal policies justifying torture. Discussing a Yoo-sanctioned memo justifying the use of torture by American troops, Johnsen called the memo "shockingly flawed," decrying "the deficient processes that led to its issuance [and] the horrific acts it encouraged." Johnsen's pick is also a win for those seeking transparency at the DOJ. "I'm afraid we are growing immune to just how outrageous and destructive it is, in a democracy, for the President to violate federal statutes in secret," she said in March 2008, criticizing the administration's "utter and indefensible failure to be transparent regarding the legal advice that informs its sometimes-ludicrous positions."

UNDER THE RADAR

RADICAL RIGHT -- STEELE HITS SALTSMAN: 'MAGIC NEGRO' STUNT 'REINFORCES NEGATIVE STEREOTYPE' OF GOP:  The Hill reported last month that current Republican National Committee (RNC) chairman candidate Saltsman sent out a Christmas greeting that contained a CD with the song "Barack the Magic Negro" on it, which sparked criticism from several of Saltsman's opponents. "I am shocked and appalled," current RNC chair Mike Duncan said. Michigan GOP Chair Saul Anuzis, another RNC chair aspirant, called the move "in bad taste."  However, Michael Steele and Ken Blackwell -- the two African-American candidates for RNC chair --  had "been the easiest on Saltsman." Yesterday, during a debate, all of the candidates agreed that the GOP needs to bring in more minorities. In an interview with The Progress Report after the event, Steele finally strongly criticized Saltsman's "Magic Negro" stunt and said he is harming the effort to make the party more inclusive. "Oh it doesn't help at all. Absolutely, it reinforces a negative stereotype of the party," Steele said. "This is not representative of the party as a whole, this is not a direction that we want to go in or a system that we believe."

ADMINISTRATION -- BUSH 'SERIOUSLY CONSIDERING' PARDON OF IRAQ WAR VET WHO KILLED UNARMED IRAQI CIVILIAN: In February 2008, a military judge convicted U.S. Army sniper Sgt. Evan Vela of  killing an Iraqi civilian "who wandered into the hiding place where six soldiers were sleeping." Vela, who received 10 years in prison and a dishonorable discharge, was found guilty of planting an AK-47 on the dead Iraqi man's body and lying to military investigators about the shooting. According to a letter sent by the White House to Vela's family, a request to pardon Vela is being "seriously considered" by President Bush. The soldier's father, Curtis Carnahan, said that the letter he received "also noted there are other ways for his son to be released," including being granted clemency. Sen. Mike Crapo (R-ID) and Rep. Mike Simpson (R-ID) have written letters to Bush on behalf of Vela, urging that the president grant him clemency. They argued that Vela "was simply following the orders of his superiors."

ADMINISTRATION -- BUSH CITES FAILED SOCIAL SECURITY PRIVATIZATION PUSH AS HIS BIGGEST DOMESTIC POLICY ACHIEVEMENT: Yesterday, the Weekly Standard's Fred Barnes reported that he and fellow conservative Bill Kristol met with President Bush last Friday for a lunch in the president's "private dining room adjacent to the Oval Office." Barnes reported that the President cited his push to privatize Social Security as his biggest domestic policy accomplishment. "Bush said his effort showed it's politically safe to campaign on changing Social Security and then actually seek to change it," wrote Barnes. Though it seems odd that Bush cited an unsuccessful effort as his biggest domestic policy achievement, it is understandable given that he doesn't have much else to include on a list of successes. But not only was Bush's drive to privatize Social Security an utter failure, the concept is also widely unpopular with the American public, and if enacted, would have had disastrous consequences for Americans' retirement funds. A recent Center for American Progress Action Fund report found that if a worker had retired on Oct. 1, 2008, after 35 years of contributions to private retirement accounts, that retiree would have lost nearly $30,000 in retirement funds because of the downturn in the stock market over the last two years.


THINK FAST

Yesterday, the Secretary of the Senate rejected Roland Burris's appointment to the legislative body "because his certificate of appointment was missing the signature of Illinois Secretary of State Jesse White." White has refused to sign the certificate, siding with Senate leadership in believing that Burris should not be seated. Burris, nevertheless, is heading to Washington and insisting that his appointment is legal.

Despite increased calls for a cease-fire from Europe and warnings from aid organizations of a growing humanitarian crisis, Israel moved its forces deeper into Gaza toward the southern Khan Younis on Tuesday. Since the fighting began 12 days ago, 590 Palestinians have been killed, and 2,500 have been wounded, while nine Israelis have been killed.

Former Republican congressman Bob Barr states, "In 1996, as a freshman member of the House of Representatives, I wrote the Defense of Marriage Act, better known by its shorthand acronym, DOMA, than its legal title." But now, he says, "I have come to agree with [Obama] that the law should be repealed."

Former Florida governor Jeb Bush may decide against running for Senate, the St. Petersburg Times reports this morning. Bush "may conclude after completing his methodical review process that there are other ways he can help rebuild the GOP."

Speaking for the first time at length about his imprisonment, former Guantanamo Bay detainee Muhammad Saad Iqbal tells the New York Times that he left U.S. custody with a severely infected ear, lower back problems and a dependency "on a cocktail of antibiotics and antidepressants." Iqbal says the maladies were "the result of a gauntlet of torture, imprisonment and interrogation" that he was put through.

In the coming months, Congress plans to move aggressively against the tobacco industry "by regulating cigarettes, raising per-pack sales taxes and ratifying an international antitobacco treaty." The measures "are ones that the Bush administration opposed, vetoed or declined to act upon," but that President-elect Obama supported while in the Senate.

Toyota will be "suspending production at all 12 of its Japan plants for 11 days over February and March," an "unprecedented" suspension for the top automaker. Data released yesterday also showed that the auto industry "capped off 2008 with its worst sales in 16 years as Americans continued to steer clear of dealerships in December."

Five Blackwater Worldwide security guards are expected to appear in federal court today "to answer to manslaughter charges in the 2007 shooting deaths of 17 Iraqi civilians in Baghdad." Prosecutors contend the guards fired on unarmed Iraqis trying to escape while the defendants claim they were under attack "when a car in a State Department convoy they were escorting broke down."

And finally: Prominent Twitter users -- including Britney Spears and President-elect Obama -- had their accounts hacked yesterday. Users first noticed the suspicious message "Breaking: Bill O Riley is gay" on the Fox News account. CNN’s Rick Sanchez, another victim of the scheme, later Twittered that he had been at the gym when a fake message from his account went up. Twitter said that it had solved the breach, explaining that "accounts were compromised after a hacker accessed tools the support team uses when a Twitter user can’t remember or wants to reset their login info."



GOOD NEWS

Today, "President Bush will designate vast tracts of American-controlled Pacific Ocean islands, reefs, surface waters and sea floor as marine national monuments...limiting fishing, mining, oil exploration or other commercial activity."

BLOG WATCH

THINK PROGRESS: Conservatives label U.S. Attorney Patrick Fitzgerald a failure, ignoring his record of successful terrorism prosecutions.

WONK ROOM: Club for Growth: President-elect Obama should "embrace a stimulus bill" that cuts taxes for the wealthy and corporations.

YGLESIAS: Former U.N. Ambassador John Bolton's proposals on Israel and Palestine come from fantasyland.

THE BEST DEFENSE: In order to spy on it, the Maryland State Police designated the DC Anti-War Network as a white supremacist group.

STATE WATCH


COLORADO: Terrance Carroll and Peter C. Groff "are about to make history as the first blacks to preside over both houses of a state legislature in the same session."

CALIFORNIA: Marriage equality opponents attack Attorney General Jerry Brown's argument to void Prop. 8.

TEXAS: "While most states and the federal government make former lawmakers wait a certain period before they start lobbying, Texas doesn't."

DAILY GRILL

"We have endeavored to create an atmosphere and culture of ethics in the department, which is critically important."
-- Interior Department Secretary Dirk Kempthorne, 1/05/09

VERSUS

"Kempthorne spent about $235,000 in taxpayer funds renovating [his office] bathroom a few months ago, which included installing a new shower, a refrigerator and a freezer and buying monogrammed towels."
-- Washington Post, 1/05/09


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