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Think Progress

March 5, 2009

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

ADMINISTRATION

Lifting Bush's Shroud

During his confirmation hearings in January, Eric Holder promised that if he became attorney general, he would increase the Justice Department's transparency. Specifically, he pledged to make public controversial memos the Bush administration fought to keep secret. Earlier this week, Holder made good on his promise, releasing nine Bush-era memos that formed the basis for the previous administration's policies on issues such as torture, wiretapping, and the suppression of free speech. Jennifer Daskal of Human Rights Watch said the memos "read like a how-to document on how to evade the rule of law." "Americans deserve a government that operates with transparency and openness," read a statement by Holder, underscoring the clean break with the Bush administration. "It is my goal to make OLC [Office of Legal Counsel] opinions available when possible while still protecting national security information and ensuring robust internal executive branch debate and decision-making." Also this week, the Obama administration revealed in court documents that the CIA destroyed 92 tapes showing interrogations of detainees -- far more than the Bush administration was willing to admit. In December 2007, the New York Times reported that the CIA had destroyed at least two videotapes documenting suspected al Qaeda operatives being subjected to "severe interrogation techniques."

WHAT THESE MEMOS REVEAL: Some of the memos were released in response to a lawsuit against former OLC attorney John Yoo, by Jose Padilla, whom the United States held for years as an enemy combatant. The Obama administration concluded that there was no classified information in these documents; this admission was a stunning contrast to the Bush era, when officials attempted to maximize government secrecy by increasing the classification of government documents. Senate Judiciary Committee Chairman Patrick Leahy (D-VT) praised Holder's quick release of the memos, saying that they finally  "provide details of some of the Bush administration's misguided national security policies." The picture they end up painting is of an administration that believed "the president had broad authority to set aside constitutional rights," as the Associated Press reported. Furthermore, several of the memos -- including ones on extraordinary rendition and First Amendment rights -- were eventually rescinded, reflecting the "major legal errors committed by Bush administration lawyers during the formulation of its early counterterrorism policies."

CREATING A DICTATORSHIP: A memo written by Yoo on Oct. 23, 2001, contained one of the most surprising revelations: the Bush administration considered suspending First Amendment rights. "Freedom of speech is integral to a free society," President Bush said in May 2008. However, seven years earlier, Yoo wrote, "First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully. ... The current campaign against terrorism may require even broader exercises of federal power domestically." After reading the memos, Harpers' Scott Horton wrote, "We may not have realized it at the time, but in the period from late 2001-January 19, 2009, this country was a dictatorship." In fact, Yoo's memo was too much even for Steven Bradbury, the man who failed to gain Senate confirmation to head the OLC because of his extreme views on torture. On Oct. 6, 2008, Bradbury wrote a memo saying that Yoo's suggestions to ignore free speech were "overbroad" and "not sufficiently grounded."

A BLANK CHECK: Yoo's October 2001 memo also dismissed the Fourth Amendment, claiming that protections against unwarranted searches and seizures could be subordinated in the war on terrorism. Yoo similarly proposed invading Americans' privacy in a Sept. 25, 2001 memo, advocating "warrantless searches for national security reasons." The Associated Press noted that the document "did not specifically attempt to justify the government's warrantless wiretapping program, but it provided part of the foundation." In fact, one of the most controversial memos from the Bush era that many lawmakers have been asking to be released is one explicitly justifying the National Security Agency's warrantless wiretapping. Another major focus of the memos is the treatment of detainees. A March 13, 2002 memo written by then-assistant attorney general in the OLC Jay Bybee argued that the president had the authority to transfer detainees to other countries, whether or not they may be tortured there. Recognizing his controversial proposals, Bybee provided ways for the Bush administration to avoid being held legally liable. "So long as the United States doe[s] not intend for a detainee to be tortured post-transfer, however, no criminal liability will attach to a transfer even if the foreign country receiving the detainee does torture him," he wrote. "These memos were meant to provide the president with a blank check with respect to the rights of not only prisoners overseas but people in the United States as well," concluded the ACLU's Jameel Jaffer.

FINDING THE TRUTH: The release of these memos came as Congress determines how to investigate -- and perhaps even prosecute -- the Bush administration's misdeeds. Yesterday, the Senate Judiciary Committee held a hearing on the creation of a "truth commission" to investigate these wrongdoings. Leahy initially hinted at providing "blanket immunity" to Bush officials willing to testify, but both Sen. Sheldon Whitehouse (D-RI) and House Speaker Nancy Pelosi (D-CA) have warned against this approach. The Justice Department's Office of Professional Responsibility has also put together a report looking at whether Yoo, Bybee, and Bradbury "knowingly signed off on an unreasonable interpretation of the law to provide legal cover for a program sought by Bush White House officials." Whitehouse and Senate Majority Whip Dick Durbin (D-IL) have called on the Justice Department to release this report.

UNDER THE RADAR

RADICAL RIGHT -- VITTER INTRODUCES BILL TO SLASH FUNDS FOR FAMILY PLANNING:  Sen. David Vitter (R-LA), infamous for his role in the D.C. Madam prostitution scandal, has recently introduced a number of socially conservative bills in an effort to "shore up his bona fides with conservative voters." Earlier this year, Vitter, who may face a difficult primary challenge from the Family Research Council's Tony Perkins, co-sponsored of the Marriage Protection Amendment, which would amend the Constitution to declare that marriage "shall consist only of the union of a man and a woman." Vitter has also introduced an amendment gutting funding for Planned Parenthood from the omnibus spending bill. The amendment states that "none of the funds appropriated under this Act shall be made available to Planned Parenthood for any purpose under title X of the Public Health Service Act." As Jodi Jacobson of RH Reality Check noted, "the Title X Family Planning program, enacted in 1970, is the only federal grant program dedicated solely to providing individuals with comprehensive family planning and related preventive health services." Planned Parenthood is one of the largest providers of Title X services and removing funding for the organization would cut "prenatal and maternal health care services" while limiting "contraceptive methods needed to prevent unintended pregnancy in the first place." "It's unconscionable to try to strip our funding at time when so many people are relying on us -- but that's exactly what Sen. Vitter and his allies are trying to do," said Planned Parenthood President Cecile Richards in an e-mail to supporters.

INTERNATIONAL RELATIONS -- U.S. MAY RECONSIDER JOINING INTERNATIONAL CRIMINAL COURT: Yesterday, the International Criminal Court (ICC) issued an arrest warrant for Sudan's President Omar al-Bashi on charges of genocide in the Darfur war "in which up to 300,000 people have died and 2.7 million have fled their homes." Now, according to a senior White House official, the Obama administration "has launched a 'high-level, urgent review' of U.S. policy toward Sudan that will consider whether the U.S. should re-examine" joining the court. President Obama's "determination to end the atrocities in Darfur has not wavered," the official said, adding, "Our intent is not to address this in piecemeal fashion but to make sure the U.S. and its allies bring about a lasting end to the horrors in Darfur and the rest of Sudan." Indeed, U.S. membership to the ICC has been a controversial topic. President Clinton signed the "Rome Statute" setting up the court in 2000 but President Bush then "unsigned" the document in May 2002, thereby withdrawing U.S. support for the court. While "Republicans say the court is an abrogation of sovereignty and would expose U.S. servicemen and officials to criminal prosecution," the White House official said, "[a]s the review looks at the ICC, we do have to look at how it protects U.S. forces." 

CIVIL RIGHTS -- MARRIED SAME-SEX COUPLES DENIED THOUSANDS OF DOLLARS IN FEDERAL BENEFITS: When Congress first passed the Defense of Marriage Act in 1996, the law did not tangibly affect anyone, because no state issued marriage licenses to same-sex couples. Today, however, there are more than 10,000 married same-sex couples in Massachusetts alone, with many more in Connecticut and New York. Another 18,000 couples were married in California, and their marriages are under review in a state Supreme Court case on Prop. 8 that begins today. A new study by the Center for American Progress finds that a same-sex couple with average characteristics will be denied more than $8,000 in Social Security spousal survivor benefits because the federal government doesn't acknowledge their marriage. After paying a lifetime of payroll taxes into a system that is supposed to provide retirement benefits for married couples, same-sex couples who marry are denied thousands of dollars in Social Security retirement benefits, survivor benefits, and lump-sum death benefits. "The Social Security benefits we analyzed are only one of hundreds of federal privileges and benefits extended to opposite-sex married couples but denied to legally married same-sex couples," the study notes. A 2004 report by the Government Accountability Office found "1,138 federal statutory provisions classified to the United States Code in which marital status is a factor in determining or receiving benefits, rights, and privileges." Read the CAP study here.


THINK FAST

In "an unusual public criticism of Israel," Secretary of State Hillary Clinton said yesterday that the country's "plan to destroy dozens of Palestinian homes in Arab East Jerusalem was 'unhelpful' and contrary to Israel's obligations under a U.S.-backed peace plan." She added she would raise the issue, along with "concern over the growth of Israeli settlements in the West Bank, with Israeli officials."

"Congressional Republicans are trying to figure out how to distance themselves from Rush Limbaugh without really distancing themselves too much from Rush Limbaugh." In interviews with Politico, leading GOP lawmakers "took a delicate, almost pained approach to explaining their party's relationship with Limbaugh," fearing that ill words would bring “the wrath of his powerful microphone and millions of listeners."

President Obama is hosting a health care summit today that will "bring together historical adversaries" in an effort to move forward on health reform. The major stakeholders in health care will discuss "health care costs, access and quality." "They are coming to the White House and coming to the table because they want to get this done," says Melody Barnes, Obama's top domestic policy adviser.

Al Gore's Alliance for Climate Protection has formed a partnership with the environmentalists heading Dot Eco Ltd, who are formally applying to register the domain ".eco." "This is a truly exciting opportunity for the environmental movement and for the internet as a whole,"says Gore.

President Obama nominated W. Craig Fugate yesterday to lead the Federal Emergency Management Agency. Fugate, who has been director of the Florida Division of Emergency Management since 2001, "is credited with steering the state through some of the most devastating hurricane seasons in recent history." In a statement, Obama said that Fugate "has what it takes to help us improve our preparedness."

The Supreme Court ruled yesterday that "state juries may award damages for harm from unsafe drugs even though their manufacturers had satisfied federal regulators." The 6-to-3 ruling "upheld a jury verdict of $6.7 million in favor of a musician from Vermont whose arm had to be amputated after she was injected with an antinausea drug" and was a "a major setback for business groups that had hoped to build a barrier against injury lawsuits."

The administration's plan to stem the tide of foreclosures is "the most ambitious effort since the 1930s to help troubled homeowners." The plan would let bankruptcy judges restructure mortgages and would protect loan-servicing companies from lawsuits by investors.

Treasury Secretary Timothy Geithner "appeared to suggest" yesterday that the White House would "consider dropping or modifying" their proposal to cap "itemized deductions for mortgage interest and charitable donations to help pay for his health-care overhaul." The proposal had met strong resistance from senior Democrats in congress.

And finally: In a hate-filled screed, far right activist David Gibbs rallied North Carolinians to oppose gay marriage, claiming that it would "open the door to unusual marriage." "Why not polygamy, or three or four spouses?" Gibbs asked. "Maybe people will want to marry their pets or robots." The Washington Monthly's Steve Benen comments, "The times they are a changin'. Rick Santorum warned us about 'man-on-dog' relations; now we have David Gibbs raising the specter on man-on-robot action."



GOOD NEWS

After months of ignoring congressional subpoenas, Karl Rove and Harriet Miers have finally agreed to testify under oath before Congress concerning the firings of U.S. Attorneys during the Bush administration.

BLOG WATCH

THINK PROGRESS: Sen. David Vitter (R-LA): Rush Limbaugh is saying "what I am saying" -- "I hope" President Obama "fails in advancing leftist policy."

WONK ROOM: A Pakistani perspective on the current state of Pakistani society.

YGLESIAS: Sens. Evan Bayh (D-IN) and Ben Nelson (D-NE) join overclass revolt against President Obama's tax plans.

AIR CONGRESS: In Twitter fight, Rep. Earl Blumenauer (D-OR) slams Sen. John McCain's (R-AZ) attack on a solar-powered highway.

STATE WATCH

MISSOURI: State Department of Transportation "has mapped out 32 projects the federal economic stimulus package will pay for."

MISSISSIPPI: State House votes to bypass Gov. Haley Barbour (R)and accept all of the $2.8 billion in federal stimulus dollars.

ECONOMY: At least 17 states have already laid off 15,433 public employees in the last 11 months.

DAILY GRILL

"[T]here was no attack on Rush [Limbaugh]. I was saying that there are people out there who actually want to demonize and use him as a boogie man."
-- RNC Chairman Michael Steele, 3/4/09, on his criticism of Limbaugh

VERSUS

"Rush Limbaugh is an entertainer. Rush Limbaugh, his whole thing is entertainment. Yes, it's incendiary. Yes, it's ugly."
-- Steele, 3/1/09

INTERNSHIPS

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