Wednesday, December 30, 2009

Can Obama Face the 'Unspeakable'?

Obama, like President John F. Kennedy, has had his first encounters with the permanent warfare establishment, and so far, has been persuaded by their arguments. This book could open his eyes – and ours – to the possibility of another path.

In this eloquent, remarkable book, longtime peace activist and theologian Jim Douglass uses Thomas Merton, a prominent Catholic monk, to elevate the study of Kennedy’s presidency to a spiritual as well as physical battle with the warmongers of his time.

In 1962, as Douglass records in his preface, Merton wrote a friend the following eerily prescient analysis:

“I have little confidence in Kennedy. I think he cannot fully measure up to the magnitude of his task, and lacks creative imagination and the deeper kind of sensitivity that is needed. Too much the Time and Life mentality ….

“What is needed is really not shrewdness or craft, but what the politicians don’t have: depth, humanity and a certain totality of self-forgetfulness and compassion, not just for individuals but for man as a whole: a deeper kind of dedication. Maybe Kennedy will break through into that someday by miracle. But such people are before long marked out for assassination.”

Merton coined the term “the Unspeakable” to describe the forces of evil that seemed to defy description, that took from the planet first Kennedy, then Malcolm X, Martin Luther King, and Robert Kennedy, and which tragically escalated the war in Vietnam.

Merton warned that “Those who are at present too eager to be reconciled with the world at any price must take care not to be reconciled with it under this particular aspect: as the nest of the Unspeakable. This is what too few are willing to see.”

The Unspeakable represents not only willful evil but the void of an agenda for good, an amorality that, like a black hole, destroys all that would escape from it.

Douglass defines the Cold War version of the Unspeakable as “the void in our government’s covert-action doctrine of ‘plausible deniability,’” that sanctioned assassinations and coups to protect American business interests in the name of defeating communism.

Douglass traces Kennedy’s confrontation with the Unspeakable and his efforts to escape that trajectory. Kennedy came to understand that peace through war would never bring us true peace, but only a “Pax Americana,” which would foster resentment among the conquered, sowing the seeds of future conflicts, a fear that has proven true over and over in the years following his death.

Mea Culpa

Douglass opens with a sort of mea culpa, noting that by failing to see the connection between Kennedy’s assassination and his own personal fight against nuclear weapons, he “contributed to a national climate of denial.”

Douglass explains that the cover-ups of the assassinations of the Sixties was enabled in large part by denial, and not just by the government, but by those of us who never clamored for the truth about what happened.

Douglass reminds us that “The Unspeakable is not far away. It is not somewhere out there, identical with a government that has become foreign to us. The emptiness of the void, the vacuum of responsibility and compassion, is in ourselves. Our citizen denial provides the ground for the government’s doctrine of ‘plausible deniability.’”

Douglass quotes Gandhi on the principle of satyagraha, how truth is the most powerful force on earth, and how, as Gandhi said, “truth is God.” If you want to see God, you must first be able to look truth in the face.

Douglass frames Kennedy’s assassination as rooted in our Cold War past. Our collective failure to demand accountability for the crimes done in our name came back to haunt us in the most visceral of ways on Nov. 22, 1963, when the President was shot dead in the street in front of us.

With astonishing moral clarity and elegant prose, Douglass lays out Kennedy’s multiple battles with the military, industrial and intelligence establishments, which are not really separate entities, but deeply interdependent on each other.

The well-documented (and footnoted and indexed) book opens with a succinct chronology of major events during Kennedy’s administration. Seeing all the events laid out simply, end-to-end, makes the book’s conclusions all the more powerful.

The answer to the question implied in the book’s subtitle of “Why he was killed and why it matters” seems self-evident when you strip away all the false history and distractions that have been injected into the record to muddy the waters and look simply, finally, at what happened.

Douglass takes us back to what may well be the source of John Kennedy’s courage – the sinking of his PT boat and his heartbreakingly difficult but ultimately successful efforts to rescue his comrades. Kennedy faced his own death several times during that first long night, and told his fellow crewmembers when he got back to shore that he’d never prayed so much in his life.

Even after he was safe, Kennedy plunged back into the ocean a second time in an attempt to signal another boat. Kennedy’s utter selflessness was not some liberal fantasy; it was an actuality, for his PT crew.

JFK’s Suffering

As Robert Kennedy wrote later, at least half of John Kennedy’s life he suffered some form of pain. He had scarlet fever as a child, and suffered from back trouble most of his life. He was beset with illnesses, often at the most inconvenient times.

But he never complained, and few realized what he dealt with. Perhaps these experiences shaped John Kennedy’s own sense of compassion for others.
And perhaps these experiences, in which death seemed always nearby, gave him the courage to do what few others would attempt, as the Cold War nearly exploded into a hot one during the Cuban missile crisis.

Kennedy’s first confrontation with the Unspeakable came during his first 100 days in office with the Bay of Pigs operation he inherited as a going concern from the Eisenhower Administration. The CIA convinced Kennedy that the operation would be successful, and that no American troops would be needed (Kennedy’s prerequisite for launching the operation).

The Cuban exiles were trained and ready and well supplied, he was told. Kennedy approved the plan, and the plan was a disaster.

In the Bay of Pigs account, Douglass referenced something I had never read before – coffee-stained notes from Allen Dulles leftover from an unpublished draft of an article, discovered by Lucien S. Vandenbroucke. In the notes, Dulles acknowledges the plan had no chance of success, but that he and others in the CIA drew Kennedy into the plan on the assumption that when it failed, Kennedy would send in the military to finish the job.

Dulles and the CIA had vastly underestimated Kennedy’s capacity to absorb defeat rather than to escalate a situation.

Douglass also cites an NPR report by Daniel Schorr to support this notion. Schorr attended a special conference on the Bay of Pigs in 2001, and reported on NPR additional details supporting this thesis, concluding that, “In effect, President Kennedy was the target of a CIA covert operation that collapsed when the invasion collapsed.”

The CIA even had a plan to circumvent Kennedy if Kennedy had not agreed to the Bay of Pigs invasion. Under the plan, Kennedy would be maneuvered into rubber-stamping it through the careful stage-managing of his ignorance.

But the one thing the CIA could not do was order the military’s direct intervention. For that, they needed the President. And that is where Kennedy won his first battle with the Unspeakable. He refused to choose more death and destruction over defeat.

Kennedy would demonstrate this capacity two more times – during the Cuban Missile Crisis, and in his refusal to escalate troop levels in Vietnam.

Backchannels

Douglass outlines in perhaps the greatest detail yet the various backchannels President Kennedy used to open avenues of communication with both the Soviet premier Nikita Khrushchev and Cuban leader Fidel Castro.

Castro was more distrustful of Kennedy than Khrushchev was at first, but Khrushchev told Castro that Kennedy could be trusted.

Indeed, Castro became so enamored of Kennedy that he was visibly distressed at the news of Kennedy’s assassination. He felt they had just started to make progress, and was concerned about his successor, Lyndon B. Johnson, and queried a contact about Johnson’s relationship with the CIA. (Castro knew how the system worked perhaps even more acutely than Kennedy did, having been at the receiving end of its actions for so long.)

Douglass is not uncritical of Kennedy, and points out his notable failing for even half-heartedly supporting the coup that led to the assassination of Diem in Vietnam.

But Douglass adroitly sidesteps sideshow issues that make up too much of the Kennedy literature of late, and focuses on Kennedy’s most important policy decisions, and how they show Kennedy’s changing and continually evolving mindset.

It was that evolution that threatened the ruling class who perhaps had assumed at first that they had elected one of their own to the White House. Kennedy was, after all, rich and privileged, and with that combination usually came the typically pro-business-above-all-else mindset.

But Kennedy was not one of them, as Douglass makes clear through the context of Kennedy’s actions in office. He was operating with a more spiritual understanding of our place in the world. And Merton proved right. That evolution put a target on his back.

Douglass’s book is a wondrous mixture of biography, history and conspiracy realities. Douglass seamlessly mixes new information about long acknowledged events with well-documented discoveries about the CIA’s covert relationship with Lee Harvey Oswald in a narrative that is tragic, compelling, and works on the reader with a quiet moral force, relentlessly asking us to face the truth about these events.

We, too, face the Unspeakable, each and every day. What can we do better? Douglass quotes Gandhi saying “truth is God,” and suggests that only by confronting the truth about our past can we be liberated from the Unspeakable.

The only fault I would find with the book, and it’s a really small one, is some reliance near the end on a couple of first-person accounts for which there are no additional corroborating records. The events may be true accounts, and if they were true, it makes sense there would be no corroborating records.

But the author provides no caveat, and given how well-documented the rest of the book is, those episodes stick out for their thinness. Still, these events are not central to the book’s thesis, and if proven false, they in no way detract from the rest of the nourishing narrative.

As someone who has researched the Kennedy assassination for over 17 years, and who has read many books on the case, I can finally say, for the first time, this is the single best book ever written on why Kennedy was killed, who did it, and why it still matters.

It’s only fair to note that Douglass quoted from my own writings on the subject liberally. But before you assume that affected my objectivity, so have many others whose books I could not in good conscience recommend. Douglass maintains an unerring focus on the truth of what happened that is all too rare in books on the assassination.

If you’re only going to read one book on President Kennedy’s assassination, let Douglass, like Charon, ferry you through that murky realm. If enough people read and talk about this book honestly, a sea change in our foreign policy will become not just possible, but inevitable.

The truth really could still set us free, if we are brave enough to confront it.

Lisa Pease is a historian and writer who specializes in the mysteries of the John F. Kennedy era.

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Tuesday, December 29, 2009

Wall Street's 10 Greatest Lies of 2009

via Thom Hartmann's email newsletter:

Lies that justify screwing over Main Street.


By Nomi Prins, AlterNet
Posted on December 28, 2009, Printed on December 29, 2009

On December 13, President Obama declared that he was not elected to help the “fat cats." But the cats got another version of that memo. A day later, 10 of them were supposed to partake in some White House face-time to talk about their responsibilities to the rest of the country, but only seven could make it. No-shows for the "very serious discussion" -- due to inclement New York weather or being too busy with internal bonus discussions to bother with the President -- were Goldman Sachs CEO Lloyd Blankfein, Morgan Stanley CEO John Mack and Citigroup Chairman Richard Parsons.

Yes, Obama inherited a big financial mess from the Bush administration – which inherited its set-up from the Clinton administration (financial recklessness, it turns out, is non-partisan) -- but he and his appointees have spent the year talking about fighting risk and excess on Wall Street, while both have grown.

Treasury Secretary Tim Geithner patted himself on the back for making the "difficult and necessary” decisions of fronting Wall Street boatloads of money to cover its losses and capital crunch last fall. Federal Reserve Chairman Ben Bernanke (a Bush-Obama favorite) was named Time Magazine’s Person of the Year for saving the free world as we know it. And Congress is talking "sweeping reform" about a bill that leaves the banking landscape intact, save for some minor alterations. For starters, it doesn’t resurrect the Glass-Steagall Act of 1933, which separated risk-taking (once non-government-backed) investment banks from consumer oriented (government-supported) commercial banks.

Meanwhile, Wall Street is restructuring (the financial equivalent of re-gifting) old toxic assets into new ones, finding fresh ways to profit from credit derivatives trading, and paying itself record bonuses -- on our dime. Despite recent TARP payback enthusiasm, the industry still floats on trillions of dollars of non-TARP subsidies and certain players wouldn’t even exist today without our help.

Wall Street’s return to robustness and Main Street’s continued deterioration are the main takeaways for 2009 that stemmed from the 2008 choices to flush the financial system with capital and leave the real economy to fend for itself. Lies that exacerbate this divide only perpetuate its growth. With that, here is my top 10 list of lies. Please consider adding your own, and let’s all hope for a more honest New Year.

1) The economy has improved.

Earlier this month, Bernanke declared, “Having faced the most serious financial crisis and the worst recession since the Great Depression, our economy has made important progress during the past year. Although the economic stress faced by many families and businesses remains intense, with job openings scarce and credit still hard to come by, the financial system and the economy have moved back from the brink of collapse."

Sure, the economy is better -- if you work at Goldman Sachs or had an affair with Tiger Woods. But while Bernanke, former Treasury Secretary Hank Paulson and Geithner turned the Federal Reserve into a national hedge fund (cheap money backing toxic assets in secrecy), and the Treasury Department into a bank insurance policy, the rest of the real economy took hit after hit -- starting with jobs.

The national unemployment rate remains at double digits. Despite Washington’s bizarre euphoria about unemployment rates last month being better (they edged down in November to 10 percent from 10.2 percent in October), the number of Americans filing for initial unemployment insurance rose during the second week of December. After all the temporary holiday hires, that number will probably increase again. Plus, unemployment rates in 372 metropolitan areas are higher than they were last year.

2) If you give banks capital, they will lend it out.

On Jan. 13, 2009 Bernanke concluded that "More capital injections and guarantees may become necessary to ensure stability and the normalization of credit markets.” He said that "Our economic system is critically dependent on the free flow of credit." He was referring to the big banks. Not the little people.

Ten months later, though, he admitted that, "Access to credit remains strained for borrowers who are particularly dependent on banks, such as households and small businesses” and that “bank lending has contracted sharply this year."

In other words, big banks don’t share their good fortunes. Shocking. And as a result, bankruptcies are rapidly rising for businesses and individuals – a direct result of lack of credit coupled with other economic hardships like job losses.

Total bankruptcy filings for the first nine months of 2009 were up 35 percent to 1,100,035 vs. the same period in 2008. The number of business bankruptcies during the first three quarters of 2009 eclipsed all of 2008. Individual consumer filings totaled 373,308 during the third quarter of 2009 and were up 33 percent vs. the same period of 2008. Tell those people about the free flow of credit, Ben.

3) Taxpayers are being repaid.

On December 17, the Treasury Department announced: ”As a result of our efforts under EESA (the Emergency Economic Stabilization Act that spawned TARP), confidence in our financial system has improved, credit is flowing, and the economy is growing. The government is exiting from its emergency financial policies and taxpayers are being repaid.”

Even as banks rush to repay TARP in order to get the government off their backs before annual bonuses are set, the Treasury Department is helping them out. On December 11, the Internal Revenue Service gave government-subsidized banks a tax exemption that, for instance, allows Citigroup to keep the benefit of $38 billion. Three days later, Citigroup announced its $20 billion repayment of TARP. Get the math? Not exactly a taxpayer windfall.

Additionally, the FDIC gave banks including Citigroup, Bank of America, and JPMorgan Chase a holiday gift -- at least a six-month break from having to raise capital to support the billions of dollars of securities (read: toxic assets – remember those?) that firms are going to have to add to their books in 2010. That will open a whole new can of worms – a glimpse into either insolvency and a replay from the too-big-to-fail scenario, or book-cooking (the Financial Accounting Standards Board, as of last year, has allowed banks to price their own assets if there’s no true market for them – fun times), or both. Meanwhile, banks can use the capital for bonus payments instead.

4) Homeowners are being helped.

Last year’s big lie was that banks would turn around and help their borrowers if they got federal money. Yet, they were under no obligation to do so, and thus, they didn’t.

Since the Obama administration released guidelines for the Home Affordable Modification Program (HAMP) on March 4, 2009, the HAMP permanent loan modification numbers have been anemic.

Separately, by almost every measure, mortgage and credit problems are worse this year than last. There were almost a million new foreclosure fillings in the third quarter of this year, 5 percent more than in the second quarter, and 23 percent more than during the third quarter of 2008.

Plus, foreclosures are not abating. Mortgage delinquencies (borrower 60 or more days overdue) increased for the 11th quarter in a row, reaching a national average record of 6.25 percent for the third quarter of 2009. Delinquencies precede foreclosures. Compared to last year, mortgage borrower delinquencies are up 58 percent. Meanwhile, banks are sitting on properties they acquired to avoid selling them into the market and having to book the resultant loss.

5) Big banks will help small businesses.

On October 24, because a whole year had passed without this happening, Obama declared, “It's time for our banks to stand by creditworthy small businesses and make the loans they need to open their doors, grow their operations and create new jobs."

Small businesses, which employ half of all private sector employees, had received less than $400 million in new loans under government programs, and were granted access to just one program that buys up to $15 billion in securities tied to small business loans. According to the Small Business Administration (SBA) the number of approved loans shrunk from 124,360 in 2007 to 69,764 in 2009 (it was 93,541 in 2008).

Two months later, since that didn’t work, Obama reiterated, “given the difficulty business people are having as lending has declined, and given the exceptional assistance banks received to get them through a difficult time, we expect them to explore every responsible way to help get our economy moving again." He asked the big bank chiefs to take "extraordinary" steps to revive lending for small businesses and homeowners.

Too bad banks don’t gear their business strategy to expectations and suggestions. Still, as a gesture of good faith, Bank of America promised to kick in an extra $5 billion more to small- and medium-sized businesses next year. JP Morgan Chase promised to increase lending by $4 billion. Goldman had already decided to go the pledge route a few weeks earlier, putting up half a billion dollars in small business “charity" to help its deservedly negative image.

To make up for what the banks aren’t doing, the Obama administration is setting aside $30 billion from the financial bailout fund to stimulate lending to small businesses.

6) The Fed values transparency.

On February 10, Bernanke told the Committee on Financial Services that he "firmly believes that central banks should be as transparent as possible. Likewise, the Federal Reserve is committed to keeping the Congress and the public informed about its lending programs and balance sheet."

Yet, on March 5, the Fed refused to comply with a Freedom of Information Act request and lawsuit filed by Bloomberg News to disclose the details of its 11 lending facilities. In front of the Senate Budget Committee, and in response to a question from Senator Bernie Sanders, I-VT, about naming the firms that got money from those facilities, Bernanke said "No" -- such disclosure would be "counterproductive" and risk “stigmatizing banks."

Undaunted by this irony, on May 5, before the Joint Economic Committee, Bernanke reiterated, “The Federal Reserve remains committed to transparency and openness and, in particular, to keeping the Congress and the public informed about its lending programs and balance sheet.” He told PBS NewsHour on July 28 that “We are completely open to providing any information Congress wants.”

To date, the Fed has not disclosed the recipients of its cheap loans for toxic collateral.

7) History will not repeat itself.

In the beginning of the year, Obama said of Wall Street firms, “There will be time for them to make profits, and there will be time for them to get bonuses. Now is not that time.”

He also said that "part of what we’re going to need is for the folks on Wall Street who are asking for help to show some restraint and show some discipline and show some sense of responsibility.”

Yeah. Wall Street’s really into restraint....

Nine month later, as banks were racking up record profits and bonuses, Obama said the same thing, in different words, in his September 14 Federal Hall speech. “We will not go back to the days of reckless behavior and unchecked excess at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses… the old ways that led to this crisis cannot stand...History cannot be allowed to repeat itself.”

The only problem? History was repeating itself, as he spoke. Big banks took more risk in 2009, and posted more of their profits from trading operations than they had before they nearly collapsed in 2008. Trading profits at the top five banks rose from a $608 million loss in 2008 to $118.5 billion for annualized 2009, and $61.7 billion in 2007.

8) The pay czar will fight against – pay.

Treasury Department pay czar Ken Feinberg was supposedly appointed to keep a lid on excessive compensation for companies sitting on federal bailouts. Two problems with that: first, the Treasury Department continues to ignore the fact that the TARP portion of the bailout was only a tiny portion of the full bailout, and second, Wall Street was pushing back and winning at every turn.

For instance, after announcing he’d cap compensation for the top 25 execs at AIG, on October 23, Feinberg gave three of them a pass. These men were apparently “particularly critical to the company's long-term financial success.” Turning to his other role as Wall Street’s mouthpiece, Feinberg made excuses for AIG. “AIG compensation practices are unique. We took into account independent, very credible opinions of others to come up with a package that we think will help AIG thrive." That’s nice.

But he’s not kidding about thriving – those three employees will receive bonuses of about $4 million, $5 million and $7 million. AIG’s new CEO, Robert Benmosche, who joined AIG in August and got his pay approval out of the way on October 2, is bagging $10.5 million in annual compensation, including $3 million in cash, $4 million in stock options and $3.5 million in annual performance bonuses.

Then, on November 12, Feinberg said he was "very concerned" about scaring away top talent at the seven firms that took the biggest bailouts. Way to keep a lid on it, Ken.

But to be fair, it’s not really Feinberg’s fault. New York Fed and Treasury Department officials have been urging him to dial back restrictions for AIG folks in 2010 as well. Why? Because restricting pay will make it harder for the government to get back its loans to AIG. Right. Somehow paying these people stupid sums of money is the only way to get our money back. Because their "talent" worked out so well going into last year.

Elsewhere on Wall Street, the top six banks are getting set to pay out $150 billion in bonuses ($10 billion more than in 2008). GS is leading the pack in terms of bonus increases; it will dole out a projected $22 billion in compensation in 2009, compared to $11.8 billion in 2008 and $20.2 billion in 2007. JPM put aside $29.1 billion for 2009, compared to $24.6 billion in 2008 and $29.9 billion in 2007. Wells Fargo is spending $26.3 billion this year, compared to $23.1 billion in 2008 and $25.6 billion in 2007.

9) The lobbyists made us do it.

Going back to the big bank love fest at the White House earlier this month, execs promised to do better on regulation matters, citing a "disconnect" between their steadfast support for regulation and the fact that their lobbyists were pushing for as little new regulation as possible.

Really? Because this disconnect cost the financial sector $334 million so far this year for 2,560 lobbyists; a pittance compared to bonuses, but still, hard-taken cash. I’m sure another $334 million is coming to fight for stricter regulation in the New Year. Not.

10) Citigroup is the picture of health and too-big-to-fail is over.

Once the nation’s largest bank, later its largest bailout recipient, the firm exited its TARP obligation on December 14 with CEO Vikram Pandit stating, "Once Citi repays the $20 billion of TARP trust-preferred securities and upon termination of the loss-sharing agreement, it will no longer be deemed to be a beneficiary of ‘exceptional financial assistance’ under TARP beginning in 2010." (Read: I don’t want to hear about compensation caps anymore!)

He went on to say that, "By any measure of financial strength, Citi is among the strongest banks in the industry, and we are in a position to support the economic recovery."

Shareholders didn’t feel the same way. Citigroup shares already trading well below those of its main competitors have fallen 13.5 percent since that announcement. One of their key clients, the Abu Dhabi Investment Authority, accused the firm of misleading them over a $7.5 billion investment. Plus, in order to come up with the money to pay back the government, they had to raise it in the markets, thus diluting their stock – all to keep their petulant star employees happy at bonus time.

The Citigroup story should be examined for the other big banks. They may talk tough about paying back the government, but underneath they are hurting. And their pain will become our cost again – because nothing fundamental has changed this year, and that means – floating on our public money, these banks are actually still ticking time bombs.

Bonus Lie: Goldman Sachs is sorry.

On November 17, Lloyd C. Blankfein said he was sorry about his firm’s role in the financial crisis. "We participated in things that were clearly wrong and have reason to regret, we apologize." He didn’t say he was sorry the firm is still floated on $43 billion of total subsidies including FDIC guarantees for debt it raised, that were logically supposed to aid consumer oriented banks, and the $12.9 billion it got through the AIG bailout.

Yet the firm has the highest percentage of trading revenue of all the banks that got assistance; in other words, the revenue most linked to risk-taking, at 79 percent, or $38 billion out of $47 billion for annualized 2009. This is up from 41 percent, or $9 billion in 2008, and 68 percent in 2007 and 2006. And as noted before, Goldman leads the bonus sweepstakes for 2009. The firm is probably not very sorry about all of that.

Maybe I’m being too hard on everyone. Maybe all those toxic assets we all forgot about have value now. Maybe bank profits are based on something real. Maybe the increasing reserves against increasing credit losses aren’t happening. Maybe those foreclosures aren’t really happening. Maybe banks aren’t sitting on homes because they don’t want to dump them into the market and ruin the fantasy that prices have hit bottom. Maybe eight million jobs are waiting on the other side of 2010. Maybe I should just send a holiday card to Goldman saying thanks for everything. I’m sorry I ever quit. Maybe Lloyd Blankfein really is God.

Or maybe, the next mammoth pillage will be the one that makes a difference. But I truly don’t want us to have to find out. May 2010 be the start of a more insightful decade.

Nomi Prins is a senior fellow at the public policy center Demos and author of It Takes a Pillage: Behind the Bailouts, Bonuses, and Backroom Deals from Washington to Wall Street.


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Sunday, December 27, 2009

a succinct prediction for the effect of the current health care reform package

I'm afraid this is probably accurate.

From the comments to a post in Tiny Revolution.com:

The Republicans are in absolute opposition to health care reform because:

1.) They don't need to vote for it for it to pass. The health insurance companies are going to get their guaranteed profits that the "reform" gives them.

2.) The current bill with mandates is going to drive a wedge between those Americans who can still afford to pay for health insurance and those who can't or are being denied it. That means that while there may be more Americans getting some health care in the future, it also means that every health insurance increase is going to be blamed on the Democratic brand. You might as well print Obama's picture on every bill going out from Aetna or Blue Cross. That means that if this health care reform plays out as it looks to me, the Democratic brand will be reviled by most of what's left of working class households. When liberals fail, that's what makes fascism attractive to the underclasses.

This piece of health care reform will thus accomplish a government safety net for insurance companies instead of the probability of the whole industry collapsing in a few years (as it would without "reform"). It will so destroy the Democratic Party as to clean away all the underfunded candidates (generally more liberal and independent Dems), thus leaving only the well-funded corporate Dems or their corporate-funded Republican opponents in office. Those progressives who think that the Dems can pass this piece of crap and then clean it up down the road won't have many corporate-free Dems in Congress in a few years to do much of anything, as if they had any power to ever do it right.

Bad.

Posted by Bob In Pacifica at December 26, 2009 12:14 PM

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Wednesday, December 23, 2009

Report from Copenhagen

via the blog of a friend who shall remain anonymous:

How do I know China wrecked the Copenhagen deal? I was in the room

Mark Lynas
guardian.co.uk

Copenhagen was a disaster. That much is agreed. But the truth about what actually happened is in danger of being lost amid the spin and inevitable mutual recriminations. The truth is this: China wrecked the talks, intentionally humiliated Barack Obama, and insisted on an awful "deal" so western leaders would walk away carrying the blame. How do I know this? Because I was in the room and saw it happen.

China's strategy was simple: block the open negotiations for two weeks, and then ensure that the closed-door deal made it look as if the west had failed the world's poor once again. And sure enough, the aid agencies, civil society movements and environmental groups all took the bait. The failure was "the inevitable result of rich countries refusing adequately and fairly to shoulder their overwhelming responsibility", said Christian Aid. "Rich countries have bullied developing nations," fumed Friends of the Earth International.

All very predictable, but the complete opposite of the truth. Even George Monbiot, writing in yesterday's Guardian, made the mistake of singly blaming Obama. But I saw Obama fighting desperately to salvage a deal, and the Chinese delegate saying "no", over and over again. Monbiot even approvingly quoted the Sudanese delegate Lumumba Di-Aping, who denounced the Copenhagen accord as "a suicide pact, an incineration pact, in order to maintain the economic dominance of a few countries".

Sudan behaves at the talks as a puppet of China; one of a number of countries that relieves the Chinese delegation of having to fight its battles in open sessions. It was a perfect stitch-up. China gutted the deal behind the scenes, and then left its proxies to savage it in public.

Here's what actually went on late last Friday night, as heads of state from two dozen countries met behind closed doors. Obama was at the table for several hours, sitting between Gordon Brown and the Ethiopian prime minister, Meles Zenawi. The Danish prime minister chaired, and on his right sat Ban Ki-moon, secretary-general of the UN. Probably only about 50 or 60 people, including the heads of state, were in the room. I was attached to one of the delegations, whose head of state was also present for most of the time.

What I saw was profoundly shocking. The Chinese premier, Wen Jinbao, did not deign to attend the meetings personally, instead sending a second-tier official in the country's foreign ministry to sit opposite Obama himself. The diplomatic snub was obvious and brutal, as was the practical implication: several times during the session, the world's most powerful heads of state were forced to wait around as the Chinese delegate went off to make telephone calls to his "superiors".

Shifting the blame

To those who would blame Obama and rich countries in general, know this: it was China's representative who insisted that industrialised country targets, previously agreed as an 80% cut by 2050, be taken out of the deal. "Why can't we even mention our own targets?" demanded a furious Angela Merkel. Australia's prime minister, Kevin Rudd, was annoyed enough to bang his microphone. Brazil's representative too pointed out the illogicality of China's position. Why should rich countries not announce even this unilateral cut? The Chinese delegate said no, and I watched, aghast, as Merkel threw up her hands in despair and conceded the point. Now we know why – because China bet, correctly, that Obama would get the blame for the Copenhagen accord's lack of ambition.

China, backed at times by India, then proceeded to take out all the numbers that mattered. A 2020 peaking year in global emissions, essential to restrain temperatures to 2C, was removed and replaced by woolly language suggesting that emissions should peak "as soon as possible". The long-term target, of global 50% cuts by 2050, was also excised. No one else, perhaps with the exceptions of India and Saudi Arabia, wanted this to happen. I am certain that had the Chinese not been in the room, we would have left Copenhagen with a deal that had environmentalists popping champagne corks popping in every corner of the world.

Strong position

So how did China manage to pull off this coup? First, it was in an extremely strong negotiating position. China didn't need a deal. As one developing country foreign minister said to me: "The Athenians had nothing to offer to the Spartans." On the other hand, western leaders in particular – but also presidents Lula of Brazil, Zuma of South Africa, Calderón of Mexico and many others – were desperate for a positive outcome. Obama needed a strong deal perhaps more than anyone. The US had confirmed the offer of $100bn to developing countries for adaptation, put serious cuts on the table for the first time (17% below 2005 levels by 2020), and was obviously prepared to up its offer.

Above all, Obama needed to be able to demonstrate to the Senate that he could deliver China in any global climate regulation framework, so conservative senators could not argue that US carbon cuts would further advantage Chinese industry. With midterm elections looming, Obama and his staff also knew that Copenhagen would be probably their only opportunity to go to climate change talks with a strong mandate. This further strengthened China's negotiating hand, as did the complete lack of civil society political pressure on either China or India. Campaign groups never blame developing countries for failure; this is an iron rule that is never broken. The Indians, in particular, have become past masters at co-opting the language of equity ("equal rights to the atmosphere") in the service of planetary suicide – and leftish campaigners and commentators are hoist with their own petard.

With the deal gutted, the heads of state session concluded with a final battle as the Chinese delegate insisted on removing the 1.5C target so beloved of the small island states and low-lying nations who have most to lose from rising seas. President Nasheed of the Maldives, supported by Brown, fought valiantly to save this crucial number. "How can you ask my country to go extinct?" demanded Nasheed. The Chinese delegate feigned great offence – and the number stayed, but surrounded by language which makes it all but meaningless. The deed was done.

China's game

All this raises the question: what is China's game? Why did China, in the words of a UK-based analyst who also spent hours in heads of state meetings, "not only reject targets for itself, but also refuse to allow any other country to take on binding targets?" The analyst, who has attended climate conferences for more than 15 years, concludes that China wants to weaken the climate regulation regime now "in order to avoid the risk that it might be called on to be more ambitious in a few years' time".

This does not mean China is not serious about global warming. It is strong in both the wind and solar industries. But China's growth, and growing global political and economic dominance, is based largely on cheap coal. China knows it is becoming an uncontested superpower; indeed its newfound muscular confidence was on striking display in Copenhagen. Its coal-based economy doubles every decade, and its power increases commensurately. Its leadership will not alter this magic formula unless they absolutely have to.

Copenhagen was much worse than just another bad deal, because it illustrated a profound shift in global geopolitics. This is fast becoming China's century, yet its leadership has displayed that multilateral environmental governance is not only not a priority, but is viewed as a hindrance to the new superpower's freedom of action. I left Copenhagen more despondent than I have felt in a long time. After all the hope and all the hype, the mobilisation of thousands, a wave of optimism crashed against the rock of global power politics, fell back, and drained away.

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A 4:39 video by an Iraqi War veteran

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Tuesday, December 22, 2009

Sociopathy on the Right: Ayn Rand and the Triumph of Conservative Cultism

September 14, 2009, 9:17 pm

At first it seemed little more than a bizarre rant, only slightly worse than those to which we've grown accustomed, given the source. To wit, Rush Limbaugh, who on September 11 condemned President Obama for speaking that day about community service, and encouraging young people to become involved in service projects as a way to help make America a better place. Far from seeing such a call as a positive request to take personal responsibility for improving one's nation, to Limbaugh, it was little more than the "first step toward fascism," intended to conscript the young into a volunteer army, bent on helping to carry out the President's political agenda.

Community service, Limbaugh explained, was something that should be done by convicts. Specifically, he offered: "Let prisoners do it, let prisoners pick up the trash. Let prisoners mow some highway grass. This -- this community service, folks, it's insidious. It is nothing more than a well-sounding compassionate label. But it means something entirely different. It means turning you into a robot." Yes, of course. That's not insane at all.

The anti-social nature of the diatribe was stunning. Service, according to the gospel of Limbaugh, is for suckers, for society's "losers," for people who have committed crimes. In other words, it should be viewed as punishment rather than as something to be applauded and encouraged. To do for community is a fool's errand.

Yet as bizarre as his words may seem at first blush, they actually illustrate with bold clarity the fundamental (and increasingly common) core of the conservative belief system. They speak to the sociopathy that is at the heart of the far-right worldview. It is a worldview that holds, quite simply, that doing for others is contemptible; that doing for self is the purpose of human life; that altruism and service are somehow pathologies pushed by collectivists and should be subordinated to selfishness and greed.

Sound too extreme? Well if so, consider this. Among the most interesting phenomena of the past year--and especially since the inauguration of Barack Obama--has been the explosion of interest in (and sales of) books by the late author, Ayn Rand: most prominently her classic novels, The Fountainhead and Atlas Shrugged. Indeed, the latter had an all-time record year in 2008, and 2009 sales are on a pace to shatter even last year's numbers.

Far from a simple believer in limited government and a free market economy, Rand's philosophy--now being endorsed by tea party protesters and anti-Obama minions across the nation (indeed the Ayn Rand Center for Individual Rights was among the sponsors of the 9/12 march on Washington)--was predicated on one overarching notion: that a commitment to selfishness and a rejection of altruistic behavior were the height of morality. That's not to say that she merely rejected compulsory altruism via taxation, but altruism even privately chosen. To do for others, out of a charitable impulse or out of some faith-based commitment, for example, is morally and ethically suspect, for neither feelings nor faith are rational bases for human actions, according to her philosophy known as Objectivism. Unless one's assistance to another were rooted in some self-interested motivation, it was to be condemned.

It is especially fascinating to see the so-called "average, everyday folks" at the tea party rallies embracing Rand's thinking and literature. After all, Rand's view of the common man and woman--presumably the very Joe Six Packs and Hockey Moms recently enthralled by her--was decidedly grotesque. So, for instance, in her original version of her work,We the Living, Rand had her chief protagonist proclaim: "What are your masses...but mud to be ground underfoot, fuel to be burned for those who deserve it?"

Rand's disdain for the bulk of humanity was, indeed, so extreme that in the aforemetioned Atlas Shrugged--whose main character and "hero" John Galt has been referenced on numerous tea party signs--she indulges a pseudo-genocidal fantasy, in which virtually everyone except Galt and his few "perfect" producers is vanquished. This happy occurrence results from a "strike of the mind," in which Galt and his superior colleagues of industry withdraw their talents from the nation and hole up in a mountain retreat, rather than submit to things like government regulations. Those whom Galt condemns in the book, and thus, whom Rand is herself condemning, are referred to as "parasites" who are unworthy of life. Indeed, Galt's contempt for the weak of the world prompts he and his colleagues to banish the word "give" from their small utopian "gulch." Giving, after all, much like calls for community service, is for suckers.

Even though Galt feels certain that his strike may well kill the vast majority of the world's inhabitants (because they are simply too stupid to survive without he and the other "perfect producers"), he firmly believes, and thus, so does Rand, that this outcome is moral--more so, than say, taxes or charity. In keeping with his strange morality, he not only withdraws his superior talent, but also sabotages the nation's infrastructure (the roads and bridges) thereby making the transport of fuel and grain impossible, resulting in chaos, starvation and general suffering.

This is what the Rand-bots are reading, the vision of society they endorse: one comprised of better people, and decided inferiors, sub-humans even, who are worthy of death for their laziness, their sloth, their lack of industriousness. No wonder people imbued with such a truly sadistic mindset as this would oppose health care reform. To this way of thought, those without health care deserve their suffering, and that suffering should be of no concern to the rest of us.

Those who have written biographies of Rand--including former acolytes--paint a uniformly disturbing picture. Rand, according to Nathaniel Branden's My Years with Ayn Rand, Barbara Branden's The Passion of Ayn Rand, and Jeff Walker's The Ayn Rand Cult was narcissistic in the extreme, incapable of empathy, often cruel--going so far as to have an affair in full view of her husband--as well as paranoid, addicted to amphetamines, and obsessed with her belief that average people were "ugly, stupid and irrational."

Interestingly, despite her general disdain for humanity, there were people she seemed to admire greatly, such as William Edward Hickman, whose credo, "What is good for me is right," she described in her Journals as, "The best and strongest expression of a real man's psychology I have heard." But Hickman was no simple expositor of personal greed and self-interest; no mere modern day libertarian; no pedestrian practitioner of excessive self-love. No indeed. He was a sociopathic murderer. In 1927 he kidnapped a 12-year old girl from a school in Los Angeles by the name of Marian Parker, chopped off her legs, cut our her internal organs, drained all of her blood and then spread parts of her body all over the city.

Of Hickman, this sick murderer, Rand had almost nothing but positive things to say.

She indeed critiqued those who would condemn Hickman's actions for having committed "worse sins and crimes," such as those she ascribed to his jury. Among those "greater" crimes--greater than mutilating a child--she included being, "Average, everyday, rather stupid looking citizens. Shabbily dressed, dried, worn looking little men. Fat, overdressed, very average, 'dignified' housewives." Their ordinariness, in other words, placed them below Hickman, in Rand's mind. "How can they decide the fate of that boy? Or anyone's fate?" she implored in her Journals.

It was Hickman's willfulness, his disregard for others, which so seems to have resonated with Rand. It fit perfectly with her own developing philosophy, which she would articulate perfectly in her original notes for The Fountainhead, wherein she wrote, "One puts oneself above all and crushes everything in one's way to get the best for oneself. Fine!" Thus Hickman's crime, to Rand, was "a daring challenge to society," rather than the act of a seriously deranged person from whom the society should seek protection.

Indeed, Rand speculates that Hickman's real crime may have been merely that he was "too impatient, fiery and proud" to accept the slow, soul-crushing death that his life had become. She even went so far as to blame the crime on Christianity, which she described as "ludicrous tragic nonsense," capable of turning this "bad boy with a very winning grin, that...makes you like him the whole time you're in his presence" into a sadistic killer.

And so, interestingly, the right is increasingly cleaving to the words and philosophy of a woman who was not only, in all likelihood, mentally disturbed, but the functional equivalent of those who fell in love with say, Charles Manson or Ted Bundy, even after their crimes were exposed.

This is what the right is coming to. This is what they really mean when they call themselves "values voters." The values of which they speak, far from being "Christian," and far from being rooted in concern for the country, are--at least for many--firmly grounded in selfishness, applied narcissism and operationalized, organizational sociopathy. That they would seek to make a hero of Rand, and forge a movement based even in part on her thinking is all the evidence one should need that the patients are running the asylum known as the American right. Only, their kind of craziness is not nearly as sympathetic as that displayed by the typical person suffering from mental illness. Theirs is a special kind of crazy, not organic as is the case with so much mental illness, but rather, rooted in anti-social, almost cult-like propaganda. Sadly, it is a propaganda that, even with its horrific message is currently being read by more than a million high school students across the country: probably more than a few of whom are the very ones whose principals and teachers, or parents, refused to let them hear the President speak for fear he might indoctrinate them into such awful projects as community service (or, as it turned out, merely staying in school).

They want their country back, they tell us. And the country they want, so far as their reading habits would suggest, is a nation based on greed, me-firstism and an utter disregard for the well-being of the community. As for me, I will gladly stand with the opposite tradition. Do we want a culture of compassion or contempt? That is the choice. And we should proclaim our answer, compassion, boldly and without apology.

Tim Wise is the author of four books on race. His latest is, Between Barack and a Hard Place: Racism and White Denial in the Age of Obama

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Thursday, December 17, 2009

Senate Unveils CompromiseCare

Andy Borowitz:

Details of Healthcare Plan Revealed


WASHINGTON (The Borowitz Report) - The United States Senate today unveiled details of its health care plan, tentatively called CompromiseCareTM:


-- Under CompromiseCareTM, people with no coverage will be allowed to keep their current plan.


-- Medicare will be extended to 55-year-olds as soon as they turn 65.


-- You will have access to cheap Canadian drugs if you live in Canada.


-- States whose names contain vowels will be allowed to opt out of the plan.


-- You get to choose which doctor you cannot afford to see.


-- You will not have to be pre-certified to qualify for cremation.


-- A patient will be considered "pre-existing" if he or she already exists.


-- You'll be free to choose between medications and heating fuel.


-- Patients can access quality health care if they can prove their name is "Lieberman."


-- You will have access to natural remedies, such as death.

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Monday, December 07, 2009

Some Wisdom from George Washington:

from a comment at TinyRevolution.com:

A passage from George Washington's Farewell Address that seems pertinent:

"In the execution of such a plan, nothing is more essential than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another a habitual hatred or a habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence, frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the government, contrary to the best calculations of policy. The government sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation subservient to projects of hostility instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations, has been the victim.

So likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others which is apt doubly to injure the nation making the concessions; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation), facility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding, with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation.

As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils. Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter.

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests."

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New Report on Detainees Deaths

Glen Greenwald at Salon:

A major new report from Seton Hall University School of Law released this morning raises serious doubts about both the military's version of events and the reliability of its investigation. The Report details that the three men "died under questionable circumstances"; that "the investigation into their deaths resulted in more questions than answers"; and that "without a proper investigation, it is impossible to determine the circumstances of the three detainees' deaths." The 54-page, heavily-documented Report raises numerous troubling questions, as illustrated by these (click images to enlarge):

So we have three detainees who "committed suicide" by tying themselves up and hanging themselves in isolated cells under constant supervision by both guards and video, and none of their bodies were discovered for two hours. Detainees who had no charges against them. One detainee had even been cleared for release within a month of his death.

So we have hundreds of detainees without any of the human rights guaranteed by the US Declaration of Independence and Bill of Rights, in a legal void. How did Candidate Obama put it? Oh yes. "A legal black hole."

What did Candidate Obama have to say about this sort of thing?

RealClearPolitics.blog.time.com:

Obama on SCOTUS Decision

Barack Obama statement on the Supreme Court's 5-4 decision today extending civilian legal protections to terrorist suspects held in Guantanamo Bay:

Today's Supreme Court decision ensures that we can protect our nation and bring terrorists to justice, while also protecting our core values. The Court's decision is a rejection of the Bush Administration's attempt to create a legal black hole at Guantanamo - yet another failed policy supported by John McCain. This is an important step toward reestablishing our credibility as a nation committed to the rule of law, and rejecting a false choice between fighting terrorism and respecting habeas corpus. Our courts have employed habeas corpus with rigor and fairness for more than two centuries, and we must continue to do so as we defend the freedom that violent extremists seek to destroy. We cannot afford to lose any more valuable time in the fight against terrorism to a dangerously flawed legal approach. I voted against the Military Commissions Act because its sloppiness would inevitably lead to the Court, once again, rejecting the Administration's extreme legal position. The fact is, this Administration's position is not tough on terrorism, and it undermines the very values that we are fighting to defend. Bringing these detainees to justice is too important for us to rely on a flawed system that has failed to convict anyone of a terrorist act since the 9-11 attacks, and compromised our core values.

Except now, the Obama Administration is continuing the same BushCo crap of saying that these detainees have no rights whatsoever.

Here's the rest of Greenwald's post:

There is one way that a meaningful investigation could be conducted into what happened to these three detainees: a lawsuit filed in federal court by the parents of two of the detainees against various Bush officials for the torture and deaths of their sons -- who had never been charged with, let alone convicted of, any wrongdoing (indeed, one had been cleared for release). By itself, discovery in that lawsuit would shed critical light on what was done to these detainees and what caused their deaths.

The problem, however, is that the Obama DOJ has been using every Bush tactic -- and inventing whole new ones -- to block the lawsuit from proceeding. As The Washington Independent's Daphne Eviatar detailed in October, "the Obama administration has surprisingly endorsed the same legal positions as its predecessor, insisting that there is no constitutional right to humane treatment by U.S. authorities outside the United States, and that victims of torture and abuse and their survivors have no right to compensation or even an acknowledgment of what occurred." As Eviatar wrote about the Obama position, which -- among other things -- invokes the Military Commissions Act to argue that Congress stripped federal courts of jurisdiction to hear even Constitutional claims from Gitmo detainees:

The Obama administration is insisting, however, that Congress had the power to eliminate judicial review of these claims. It also argues that the Defense Department officials are immune from suit, because, as the Bush Justice Department argued in previous cases, it wasn’t clear at the time that detainees had a right not to be tortured by U.S. officials at Guantanamo. They therefore have "qualified immunity" from suit.

But the Justice Department goes further than that. Under President Obama, the government is arguing not only that it wasn’t clear what rights detainees were entitled to back in 2006, but that even today the prisoners have no right to such basic constitutional protections as due process of law or the right to be free from cruel and unusual punishment. The "Fifth and Eighth Amendments do not extend to Guantánamo Bay detainees," writes the Justice Department in its brief.

And, the government argues, the courts should not imply a right to sue under the Constitution, in part because that could lead to "embarrassment of our government abroad."

Ultimately, the Obama administration is arguing, victims of torture at a U.S.-run detention center abroad have no right to redress from the federal government. Only the military can take action in such cases, by disciplining military officers for abuse of prisoners.

In fact, the Brief filed by the Obama DOJ demanding dismissal of the case explicitly argues -- in classic Bush/Cheney fashion -- that merely allowing discovery in this case to determine what was done to these detainees would help the Terrorists kill us all:

All of this is depressingly consistent with multiple other cases in which the Obama DOJ is attempting aggressively to shield even the most illegal and allegedly discontinued Bush programs from judicial review. Time and again, the most radical Bush claims of executive power, immunity and secrecy (ones Democrats and even Obama frequently condemned) are invoked to insist that federal courts have no right to adjudicate claims that the Government violated the Constitution and the law. As Harper's Scott Horton documented over the weekend, a new filing by the Obama DOJ in defense of John Yoo is "seeking to make absolute the immunity granted Justice Department lawyers who counsel torture, disappearings, and other crimes against humanity." In other words, as we lecture the world about the need for them to apply the rule of law and hold war criminals accountable, we simultaneously proclaim about ourselves:

We can kidnap your sons from anywhere in the world, far away from any "battlefield," ship them thousands of miles away to an island-prison, abuse and torture them mercilessly, and when we either drive them to suicide or kill them, you have no right to any legal remedy or even any recourse to find out what happened.

As Horton writes, the claim that government officials enjoy a virtually impenetrable shield of immunity even in the commission of war crimes "has emerged as a sort of ignoble mantra for the Justice Department, uniting both the Bush and Obama administrations." Indeed, that is the common strain of virtually every act undertaken by the Obama DOJ with regard to our government's war crimes and other felonies, from torture to renditions to illegal eavesdropping.

With revelations of serious, recent abuse at an ongoing "black site" prison in Afghanistan, serious questions have been raised about the extent to which detainee abuse has actually been curbed under Obama. But there's no question that the single greatest impediment to disclosure and accountability for past abuses is the Obama Justice Department, which has repeatedly gone far beyond the call of duty in its attempt to protect Bush war crimes and other illegal acts. This new Seton Hall Report regarding these three detainees deaths illustrates not only how perverse and unjust, but also how futile, such efforts are. War crimes never stay hidden, and the only question from the start was whether the Obama DOJ would be complicit in the attempt to shield them from disclosure. That question has now been answered rather decisively.

UPDATE: Scott Horton has an interview with Law Professor Mark Denbeaux, the primary author of the report, in which he elaborates on why the military's claims and "investigation" are so suspect.

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