War Room

Decorated lawyers

A number of military lawyers have stepped forward at great risk to their careers to do the right thing.

It’s a bit of an understatement to say that lawyers are not held in high esteem in our culture. But there are some who are going a long way to redeem the profession, and these lawyers are also doing it under the most difficult of circumstances. A year ago I wrote about Lt. Cmdr. Charles Swift, who courageously bucked the military system — and destroyed his career — by battling to get the Bush administration’s original military tribunal system struck down on behalf of his client Salim Ahmed Hamdan. I said:

The military has many men and women of great physical courage. That’s the point, after all. But it takes a person of exceptional character to be willing to take on the military hierarchy from within in order to preserve our fundamental principles. I’m skeptical that the threat of Islamic terrorism can be properly categorized as a war but if it is, one of the big battles being fought is for the integrity of the American system, and the battle is internal, not external. In that battle, this guy is a hero.

That battle took a terrible turn for the worse when Congress cravenly bought into the bogus assurances of Sens. John McCain, R-Ariz., and Lindsey Graham, R-S.C., that the Bush administration’s “new” commissions would be much better and succeeded in passing the heinous Kangaroo Commissions and Torture Act of 2006.

Once again, the fight is left up to an individual of conscience who is willing to put himself at risk to do the right thing. Today, the New York Times profiles another hero, Lt. Col Stephen E. Abraham, a lawyer with 22 years of experience in counterterrorism and counterespionage. His affidavit is assumed to have turned the tide in the Supreme Court decision to hear the Guantánamo detainee cases claiming that the hearings are unjust and that detainees have a right to contest their detentions in federal court. (It had been speculated that they would let the circuit court decision stand.)

This man is described in the article as a “law and order” type of guy, as you might expect from a terrorism and espionage military expert, who became more and more troubled by what he saw in the Guantánamo commission process. He decided to speak out and has predictably been attacked by the Pentagon. The Times report quotes a DOD spokesman saying snidely, “Colonel Abraham’s ‘apparently biased insinuations’ did not indicate bad faith or improper behavior by military officials. ‘In his capacity as database manager during his brief stint on active duty several years ago,’ Commander Peppler said, ‘Lieutenant Colonel Abraham was not in a position to have a complete view of all the evidence used in the C.S.R.T.’s, as well as the process as a whole.’”

Nonsense. Abraham had been on active duty for a year after 9/11 and volunteered to go back in 2004 to Guantánamo. He was, as a lieutenant colonel and a lawyer, hardly a clerk. But he did work with the database, which meant he saw the evidence that had been compiled against the Guantánamo prisoners. He was appalled at how thin and unconvincing it was and also at how the tribunals were being run:

Colonel Abraham said that in meetings with top officials of the office, it was clear that such findings were discouraged. “Anything that resulted in a ‘not enemy combatant’ would just send ripples through the entire process,” he said. “The interpretation is, ‘You got the wrong result. Do it again.’”

He said his concerns about the fairness of the hearings had grown as time passed. “The hearings amounted to a superficial summary of information, the quality of which would not have withstood scrutiny in any serious law-enforcement or intelligence investigation,” he said.

Abraham was assigned to one tribunal himself:

Documents they have gathered show that he was assigned to the panel in November 2004. The detainee was a Libyan, captured in Afghanistan, who was said to have visited terrorist training camps and belonged to a Libyan terrorist organization.

By a vote of 3 to zero, the panel found that “the detainee is not properly classified as an enemy combatant and is not associated with Al Qaeda or Taliban.”

Two months later, apparently after Pentagon officials rejected the first decision, the detainee’s case was heard by a second panel. The conclusion, again by a vote of 3 to zero, was quite different: “The detainee is properly classified as an enemy combatant and is a member of or associated with Al Qaeda.”

Colonel Abraham was never assigned to another panel.

The administration has rigged the evidence and outcomes about so many things that we can’t, as a country, afford to give it the benefit of the doubt about anything. It has become so bad that the only thing stopping it is courageous people like Col. Abraham who are reluctantly compelled to step completely outside their normal experience and come forward to expose the government’s wrongdoing. But oversight by rare whistle-blowers just isn’t an acceptable way for free people to govern themselves. We are lucky that men like Abraham are willing to come forward, but they are unusual. You cannot count on the courage and good intentions of individuals — that’s why you have government and laws to begin with.

Yesterday, we saw National Intelligence Director Mike McConnell on “Meet the Press” explaining the president’s new order outlining the limits on interrogation techniques the CIA and others may use. And once again, he said that he cannot reveal what those techniques are and that we just have to trust the president when he says they aren’t condoning torture. The Washington Post reports:

“When asked if the permissible techniques would be troubling to the American people if the enemy used them against a U.S. citizen, McConnell said: ‘I would not want a U.S. citizen to go through the process. But it is not torture, and there would be no permanent damage to that citizen.’”

I’m sorry, but that’s just not good enough. It’s insulting to our intelligence that we should just trust these people when they “assure” us (if his explanation could actually be defined as assurance) that we don’t torture. They assured us before that they didn’t torture and clearly they did, or they wouldn’t be making a big deal out of issuing another order that they also claim says we don’t torture. They assured us that the Guantánamo prisoners were all dangerous terrorists and they lied. And we have every reason to believe they are lying when they say they are not spying on Americans far more broadly, and for less reason, than they admit. Indeed, they have been so secretive and so mendacious that we would be fools not to require absolute transparency and proof of everything they assert from now on. The credibility gap in this administration is the size of the Grand Canyon.

Thanks to a few brave people who have come forward we are beginning to get the details of the administration’s actions. It’s time for our institutions to follow their lead.

"Digby" has been a puppet, a pauper, a pirate, a poet, a pawn and a writer whose political and cultural observations have entertained and informed the blogosphere since 2002. They can currently be found at www.digbysblog.blogspot.com.

Rand Paul’s leverage with Mitt

If Romney becomes president, the threat of a 2016 GOP challenge will loom over every decision he makes

Rand Paul (Credit: AP/Manuel Balce Cenata)

National Review’s Robert Costa reported last night that Mitt Romney and Rand Paul had met privately for about 30 minutes in Washington. The speculation over what they might have discussed is mostly focused on this summer’s Republican convention, where delegates loyal (but not necessarily pledged) to Ron Paul will probably control a few hundred slots, with the potential to make some real trouble for Romney.

But as James Hohmann of Politico points out, the sit-down could have much broader, longer-term significance: If Romney ends up winning this year, Rand Paul will immediately become his most obvious threat for a 2016 primary challenge.

With 77-year-old Ron Paul heading off into retirement at the end of this year, Rand Paul is set to become the national face of the libertarian message associated with his family’s name. The assumption is that he’ll ultimately run for president, but the question is when. Unlike his father, Rand seems willing to modulate his message and rhetoric in a way that could expand his appeal within the Republican Party and make him a genuine threat to actually win state primaries and caucuses, something Ron still has never done.

This could make Paul very dangerous to a President Romney, whose ideological purity conservative leaders still doubt. From a governing standpoint, this would give Romney little room for maneuvering, particularly if Republicans control both chambers of Congress. He would be under immense pressure from the right to support and implement their agenda, no matter how politically toxic it is. If Romney were to balk at doing so, or seek some major compromise with Democrats, or simply be seen as not pushing hard enough, he’d be inviting a conservative revolt – and Rand Paul would be a logical figure to lead it.

We’ve seen a dynamic somewhat like this before, back when George H.W. Bush was president. As I’ve written before, there are some striking parallels between how Romney and Bush 41 rose to power – and the suspicion with which their late-in-life embraces of conservatism were viewed by the GOP base. So when Bush cut a deal with Democrats in 1990 to reduce the deficit by raising taxes, conservative activists weren’t eager to give him the benefit of the doubt or to invent some rationalization to go along with him. They revolted, setting off an intraparty war that damaged Bush’s presidency and produced a 1992 primary challenge from Pat Buchanan. (Before Buchanan jumped in, there had been talk that Bush would instead be challenged by a then-former Texas congressman named Ron Paul.)

At least Bush had some wiggle room, though. When he was president, the GOP was evolving into the absolutist conservative party it now is, but there were still plenty of genuine Republican moderates and an awful lot of pragmatists on Capitol Hill. Romney wouldn’t have that luxury. The party and its congressional representatives are far more uniformly conservative today, and whatever instinct Republican members of Congress have for compromise is quickly being snuffed out by the threat of primary challenges.

The threat of a ’16 campaign by Rand Paul – or another prominent conservative – is one that would haunt a Romney presidency and is the best reason to doubt that Romney’s old flair for moderation will return if he’s in the White House.

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

What Obama has done for gay marriage

A favorite talking point of marriage equality opponents will be dead a few months from now

President Barack Obama(Credit: AP)

President Obama’s public endorsement of gay marriage hasn’t had any discernible effect on his approval rating or his head-to-head standing with Mitt Romney. And with Romney and most top Republicans largely content to leave the subject alone, it seems clear that the marriage issue will play a very minimal role in the national campaign, if any at all.

But a new PPP poll provides evidence that Obama’s announcement will play a major role in killing one of the most persistent talking points for opponents of gay marriage.

Maryland legalized same-sex marriage back in March, when Gov. Martin O’Malley signed a bill passed by a Democratic Legislature. Opponents immediately mobilized to put a repeal referendum on this November’s ballot, and initial polling showed only a slight majority of voters favored upholding the law. But in the new survey, the margin has exploded to 20 points, 57 to 37 percent, a shift that PPP explains this way:

The movement over the last two months can be explained almost entirely by a major shift in opinion about same-sex marriage among black voters. Previously 56% said they would vote against the new law with only 39% planning to uphold it. Those numbers have now almost completely flipped, with 55% of African Americans planning to vote for the law and only 36% now opposed.

This is consistent with an ABC News/Washington Post poll of national voters this week, which showed support for marriage equality among African-Americans jumping from 41 to 59 percent in the wake of Obama’s announcement.

In Maryland, the surge in black support means that gay marriage is very likely to be approved by voters this fall. If that happens, opponents will no longer be able to make a claim they’ve been relying on for years – that everywhere gay marriage has been on the ballot, it’s been rejected by voters. Tony Perkins and Ken Blackwell, for instance, penned a column for Fox News earlier this week that made sure to note that “in the 32 states where voters have been allowed to express their views, all 32 have affirmed traditional marriage and rejected its same-sex redefinition.”

That will no longer be the case a few months from now, unless there’s some kind of major, hard-to-envision shift in public opinion in Maryland.

Nor is Maryland alone. In Maine, marriage equality supporters have placed a referendum on this November’s ballot, and polling suggests it has a good chance of passing. There may also be a vote in Washington, where opponents are collecting signatures in an effort to thwart a marriage law signed by Gov. Christine Gregoire earlier this year; if they reach the signature threshold by June 6, the law won’t go into effect unless voters support it in the November referendum. A February poll showed voters supporting the law by a 49-44 percent spread.

All of this speaks to the rapid pace of change in public opinion on this issue. The “every state has voted against it” talking point sounds compelling, but many of the state referendums that account for it took place years ago, when the idea of gay marriage still had a fringe feel to it. Back in 2004, when it was legalized in Massachusetts by the state’s Supreme Court, just 30 percent of Americans said they favored same-sex marriage. In this week’s ABC/Washington Post survey, the number is 53 percent. In just the past couple of years, the shift has been marked. In 2009, Maine voters actually rejected gay marriage by a 6-point margin; it’s a measure of where things stand now that supporters initiated the push to put it back on the ballot this year.

The idea of state referendums, which violate the principle of not using the ballot box to decide minority rights, is a complicated one for marriage equality proponents. And even as states begin voting for gay marriage, it won’t be a complete solution, since there are plenty of other states where it will take years, maybe decades, for popular support to even approach 50 percent. Still, the anti-gay marriage crowd should probably enjoy their 0-for-32 talking point while they can, because it won’t be valid for much longer.

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

Orrin Hatch is not out of the woods yet

He’s exactly the kind of Republican incumbent who should feel extra-nervous in the super PAC era

Orrin Hatch (Credit: Reuters/Fred Prouser)

The good news for Orrin Hatch is that his Republican primary opponent is now resorting to a time-honored tactic of doomed challengers everywhere: He’s making the race about debates. In a new 30-second ad, Dan Liljenquist decries Hatch’s refusal to engage in more than one face-to-face encounter and reminds voters that, long ago, Hatch once challenged a primary opponent to eight of them.

The ad is an effort to portray Hatch as an entrenched and arrogant incumbent and to encourage whatever popular sentiment there is that he’s too old (78) and been in Washington too long (36 years). That Liljenquist is playing up debates and not, say, recent Hatch votes and quotes speaks to the aggressive image makeover that Hatch put himself through in response to then-Sen. Bob Bennett’s defeat at the 2010 GOP state convention in Utah. When Bennett went down, Hatch immediately recognized how hungry the Obama-era GOP base is for compromise-resistant partisan warfare and positioned himself to head off a 2012 challenge.

So far, his efforts have been successful enough. After spending an astonishing $5 million, Hatch secured 59 percent at last month’s state convention, three times what Bennett got in ’10. But he fell a handful of votes shy of the 60 percent threshold that would have handed him the nomination on the spot and was instead forced into a primary with Liljenquist. There’s been no reputable polling on the race, but the assumption is that Hatch is comfortably ahead, and that making noise about debates won’t do much to help Liljenquist.

The bad news for Hatch, as Charlie Mahtesian pointed out earlier, is that there’s a lot of time between now and the June 26 primary. Here the threat to Hatch really isn’t Liljenquist and anything he might say and do; it’s an outside group or individual deciding to target the race and pour big money into the anti-Hatch effort. If this were to happen, it might not matter that Hatch has given his enemies little in the way of ammunition. With enough money, anyone can be made to look bad. And the one thing Hatch can’t run away from is his political longevity, which is a liability to today’s outsider/purity-obsessed GOP base.

Mahtesian notes that the Club for Growth seems unlikely to enter the fray, but in the super PAC era, a billionaire or millionaire could at any moment take a random interest in any race and alter the outcome with a hefty investment. The best illustration of this came Tuesday night in Kentucky, where Tom Massie won a GOP congressional primary after a rich 21-year-old Texas college student spent more than $500,000 on his behalf.  A week before that, another plutocrat fueled the unexpected rise of Deb Fischer in a Nebraska Senate primary.

The pro-Fischer money didn’t come in until the final few days of that race. Which means that even though he’s in good shape now, Hatch still has a month of sweating ahead of him.

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

Annals of the super PAC era

Welcome to the age of rich 21-year-old college students dropping big money on random House races – and winning

Thomas Massie

Last night provided the second reminder in a week that the real power of super PACs probably isn’t at the presidential level but rather in lower-profile Senate and House races.

Tom Massie, who enjoys strong support from the Ron/Rand Paul crowd, rolled to a 15-point victory in the race for the Republican congressional nomination in Kentucky’s 4th District. The result speaks to a few factors, including divided opposition (one of Massie’s opponents enjoyed establishment support, and the other catered to religious conservatives), the particular strength of the Paul movement in Kentucky, and some help from a pair of familiar outside groups, FreedomWorks and the Club for Growth. But then then there’s this:

He also got more than $500,000 worth of backing from a super PAC called Liberty for All, which was funded almost entirely by a 21-year-old Texas college student with an inheritance. The group ran ads supporting Massie and criticizing Webb-Edgington and Moore.

Marc Wilson, a supporter of Webb-Edgington, criticized the group after the ballots were counted.

“It’s a shame that a Texas libertarian super PAC could come in and invade the Republican Party to buy a congressional seat,” he said.

The rich college student is John Ramsey, a senior economics major at Stephen F. Austin University who also volunteered for Ron Paul’s presidential campaign in Iowa. Mother Jones’s Tim Murphy profiled Ramsey, who inherited a share of his grandfather’s real estate/industrial fortune in 2010, last week and found that, in addition to airing ads and sending out mailers, Ramsey’s super PAC had built an 11-person ground operation in Kentucky.  “I would call us more like a party, frankly,” Preston Bates, who cofounded Liberty for All with Ramsey, told Murphy.

Really, that line says it all. Traditionally, candidates in congressional primaries have needed either the blessing of party leaders or their own financial resources to compete and win in primaries. The same has generally gone for Senate primaries. But with super PACs, random plutocrats such as Ramsey can identify candidates across the country who champion their pet causes and deliver them to parity (at least) with their opponents. In this case, Ramsey’s agenda is the Paul version of liberty, which includes views on civil liberties that run counter to the standard GOP dogma. But it could be anything. Last week, the Ending Spending super PAC, which is bankrolled by Ameritrade founder Joe Ricketts, played a crucial role in Deb Fischer’s out-of-nowhere victory in Nebraska’s GOP Senate primary.

In presidential politics, spending a few hundred thousand – or even a few million – dollars on behalf of a candidate won’t get you very far, especially in the general election phase. But in House and Senate primaries, those same sums can be decisive. It raises the question of how many millionaires and billionaires with political agendas will take note of the Massie and Fischer examples and say to themselves: Gee, wouldn’t it be neat to have my own member of Congress?

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

Why deficit hysteria sells

A thoroughly misleading new ad from the Rove-affiliated Crossroads GPS could still resonate

One of the themes I’ve been emphasizing is the role of context in the presidential race. President Obama’s reelection prospects depend on swing voters considering not just the current state of the economy, but also the factors that led us here and the economic vision that Mitt Romney would bring to the presidency. Romney’s hopes, on the other hand, depend on those same voters either ignoring or rationalizing away the context that Obama tries to introduce and simply voting him out because of their profound economic anxiety.

This often results in maddeningly deceptive messaging from Romney and his allies, something that the newest ad from the Karl Rove-affiliated Crossroads GPS illustrates perfectly:

There’s nothing very complicated going on here, just an attempt to connect an everywoman’s despair about what a weak economy has done to her family with a bunch of scary-seeming statistics about spending and debt under Obama.

The CliffsNotes version of what’s wrong with this: 1) There’s been no spending explosion under Obama; 2) the increase in debt under Obama can be traced to the economic crash (which dramatically reduced federal revenue), the wars, the Bush tax cuts (which, yes, Obama agreed to extend – at the insistence of Republicans), the 2003 Medicare prescription drug law, and only to a very minor extent the 2009 stimulus; and 3) the economy would actually be in better shape now if Obama had spent more.

That’s the context that the Obama campaign needs the public to understand, and you can see why it’s such a struggle. Voters have a demonstrated tendency to express concerns about deficits only when the economy is bad. This is why, for instance, the Democrats during the 1981/82 recession reaped a political windfall while railing against Ronald Reagan’s massive deficits, but gained zero traction on the issue when the economy improved in 1984 – even though deficits were even higher (and still soaring) then.

The lesson is that most voters don’t actually care about the deficit itself, or really understand what it is. But it’s a scary-sounding word that conjures thoughts of government bloat and reckless spending, which makes it an irresistible weapon for a recession-era opposition party.

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Steve Kornacki

Steve Kornacki writes about politics for Salon. Reach him by email at SKornacki@salon.com and follow him on Twitter @SteveKornacki

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