In December, President Obama signed legislation to extend hundreds of billions of dollars in Bush tax cuts, benefiting the wealthiest Americans. Last week, Obama agreed to billions of dollars in cuts that will impose the greatest burden on the poorest Americans. And now, virtually everyone in Washington believes, the President is about to embark on a path that will ultimately lead to some type of reductions in Social Security, Medicare and/or Medicaid benefits under the banner of "reform." Tax cuts for the rich -- budget cuts for the poor -- "reform" of the Democratic Party's signature safety net programs -- a continuation of Bush/Cheney Terrorism policies and a new Middle East war launched without Congressional approval. That's quite a legacy combination for a Democratic President.
All of that has led to a spate of negotiation advice from the liberal punditocracy advising the President how he can better defend progressive policy aims -- as though the Obama White House deeply wishes for different results but just can't figure out how to achieve them. Jon Chait, Josh Marshall, and Matt Yglesias all insist that the President is "losing" on these battles because of bad negotiating strategy, and will continue to lose unless it improves. Ezra Klein says "it makes absolutely no sense" that Democrats didn't just raise the debt ceiling in December, when they had the majority and could have done it with no budget cuts. Once it became clear that the White House was not following their recommended action of demanding a "clean" vote on raising the debt ceiling -- thus ensuring there will be another, probably larger round of budget cuts -- Yglesias lamented that the White House had "flunked bargaining 101." Their assumption is that Obama loathes these outcomes but is the victim of his own weak negotiating strategy.
I don't understand that assumption at all. Does anyone believe that Obama and his army of veteran Washington advisers are incapable of discovering these tactics on th
Numerous media outlets -- The New York Times, The Washington Post, The Guardian, The Telegraph, and NPR, among others - last night published classified files on more than 700 past and present Guantanamo detainees. The leak was originally provided to WikiLeaks, which then gave them to the Post, NPR and others; the NYT and The Guardian claim to have received them from "another source" (WikiLeaks suggested the "other source" was Daniel Domscheit-Berg, a former WikiLeaks associate who WikiLeaks claims took, without authorization, many WikiLeaks files when he left).
The documents reveal vast new information about these detainees and, in particular, the shoddy and unreliable nature of the "evidence" used (both before and now) to justify their due-process-free detentions. There are several points worth noting about all this:
[Barring unforeseen events, I'm going to leave this post at the top of the page for today and tomorrow, as I think the events it examines, rather in detail and at length, are vitally important and merit much more attention than they've received]
The Obama DOJ's effort to force New York Times investigative journalist Jim Risen to testify in a whistleblower prosecution and reveal his source is really remarkable and revealing in several ways; it should be receiving much more attention than it is. On its own, the whistleblower prosecution and accompanying targeting of Risen are pernicious, but more importantly, it underscores the menacing attempt by the Obama administration -- as Risen yesterday pointed out -- to threaten and intimidate whistleblowers, journalists and activists who meaningfully challenge what the government does in secret.
The subpoena to Risen was originally issued but then abandoned by the Bush administration, and then revitalized by Obama lawyers. It is part of the prosecution of Jeffrey Sterling, a former CIA agent whom the DOJ accuses of leaking to Risen the story of a severely botched agency plot -- from 11 years ago -- to infiltrate Iran's nuclear program, a story Risen wrote about six years after the fact in his 2006 best-selling book, State of War. The DOJ wants to force Risen to testify under oath about whether Sterling was his source.
Two weeks after the U.S. killed American citizen Anwar Awlaki with a drone strike in Yemen - far from any battlefield and with no due process - it did the same to his 16-year-old son, Abdulrahman al-Awlaki, ending the teenager's life on Friday along with his 17-year-old cousin and seven other people. News reports, based on government sources, originally claimed that Awlaki's son was 21 years old and an Al Qaeda fighter (needless to say, as Terrorist often means: "anyone killed by the U.S."), but a birth certificate published by The Washington Post proved that he was born only 16 years ago in Denver. As The New Yorker's Amy Davidson wrote: "Looking at his birth certificate, one wonders what those assertions say either about the the quality of the government's evidence - or the honesty of its claims - and about our own capacity for self-deception." The boy's grandfather said that he and his cousin were at a barbecue and preparing to eat when the U.S. attacked them by air and ended their lives. There are two points worth making about this:
I'm genuinely excited today to announce the release of my new book, With Liberty and Justice for Some: How the Law is Used to Destroy Equality and Protect the Powerful. As of this morning, it is available in bookstores as well as for shipping online.
The book focuses on what I began realizing several years ago is the crucial theme tying together most of the topics I write about: America's two-tiered justice system - specifically, the way political and financial elites are now vested with virtually absolute immunity from the rule of law even when they are caught committing egregious crimes, while ordinary Americans are subjected to the world's largest and one of its harshest and most merciless penal states even for trivial offenses. As a result, law has been completely perverted from what it was intended to be - the guarantor of an equal playing field which would legitimize outcome inequalities - into its precise antithesis: a weapon used by the most powerful to protect their ill-gotten gains, strengthen their unearned prerogatives, and ensure ever-expanding opportunity inequality. This is how I described that development in the book:
Pentagon investigators are reportedly still searching for Wikileaks co-founder Julian Assange, who helped release a classified US military video showing a US helicopter gunship indiscriminately firing on Iraqi civilians. The US military recently arrested Army Specialist Bradley Manning, who may have passed on the video to Wikileaks. Manning's arrest and the hunt for Assange have put the spotlight on the Obama administration's campaign against whistleblowers and leakers of classified information. We speak to Daniel Ellsberg, who's leaking of the Pentagon Papers has made him perhaps the nation's most famous whistleblower; Birgitta Jónsdóttir, a member of the Icelandic Parliament who has collaborated with Wikileaks and drafted a new Icelandic law protecting investigative journalists; and Glenn Greenwald, political and legal blogger for Salon.com. [includes rush transcript]
Glenn Greenwald studied law and spent ten years as a litigator in federal and state courts across the country. Now he's a big two-fisted progressive blogger and columnist for Salon.com. And he's out with a blistering critique of what has happened to American law. We've stopped applying it to everyone, says Greenwald.
We've carved out an exemption for Americans in the halls of power. We've created what Greenwald calls a "lawless elite" that is running roughshod over our economy and national policy. Over American law.
This hour On Point: Glenn Greenwald, and liberty and justice for some.