Barack Obama

Obama argues his assassination program is a “state secret”

When many cynics thought it impossible, the President reaches an all-new low in his abysmal civil liberties record

  • more
    • All Share Services

(updated below)

At this point, I didn’t believe it was possible, but the Obama administration has just reached an all-new low in its abysmal civil liberties record.  In response to the lawsuit filed by Anwar Awlaki’s father asking a court to enjoin the President from assassinating his son, a U.S. citizen, without any due process, the administration late last night, according to The Washington Post, filed a brief asking the court to dismiss the lawsuit without hearing the merits of the claims.  That’s not surprising:  both the Bush and Obama administrations have repeatedly insisted that their secret conduct is legal but nonetheless urge courts not to even rule on its legality.  But what’s most notable here is that one of the arguments the Obama DOJ raises to demand dismissal of this lawsuit is “state secrets”:  in other words, not only does the President have the right to sentence Americans to death with no due process or charges of any kind, but his decisions as to who will be killed and why he wants them dead are “state secrets,” and thus no court may adjudicate their legality.

A very intense case of food poisoning in New York on Thursday, combined with my traveling home all night last night, prevents me from writing much about this until tomorrow (and it’s what rendered the blog uncharacteristically silent for the last two days).  But I would hope that nobody needs me or anyone else to explain why this assertion of power is so pernicious — at least as pernicious as any power asserted during the Bush/Cheney years.  If the President has the power to order American citizens killed with no due process, and to do so in such complete secrecy that no courts can even review his decisions, then what doesn’t he have the power to do?  Just for the moment, I’ll note that The New York Times‘ Charlie Savage, two weeks ago, wrote about the possibility that Obama might raise this argument, and quoted the far-right, Bush-supporting, executive-power-revering lawyer David Rivkin as follows:

The government’s increasing use of the state secrets doctrine to shield its actions from judicial review has been contentious. Some officials have argued that invoking it in the Awlaki matter, about which so much is already public, would risk a backlash. David Rivkin, a lawyer in the White House of President George H. W. Bush, echoed that concern.

“I’m a huge fan of executive power, but if someone came up to you and said the government wants to target you and you can’t even talk about it in court to try to stop it, that’s too harsh even for me,” he said.

Having debated him before, I genuinely didn’t think it was possible for any President to concoct an assertion of executive power and secrecy that would be excessive and alarming to David Rivkin, but Barack Obama managed to do that, too.  Obama’s now asserting a power so radical — the right to kill American citizens and do so in total secrecy, beyond even the reach of the courts — that it’s ”too harsh even for” one of the most far-right War on Terror cheerleading-lawyers in the nation.  But that power is certainly not “too harsh” for the kind-hearted Constitutional Scholar we elected as President, nor for his hordes of all-justifying supporters soon to place themselves to the right of David Rivkin as they explain why this is all perfectly justified.  One other thing, as always:  vote Democrat, because the Republicans are scary!

* * * * *

The same Post article quotes a DOJ spokesman as saying that Awlaki “should surrender to American authorities and return to the United States, where he will be held accountable for his actions.”  But he’s not been charged with any crimes, let alone indicted for any.  The President has been trying to kill him for the entire year without any of that due process.  And now the President refuses even to account to an American court for those efforts to kill this American citizen on the ground that the President’s unilateral imposition of the death penalty is a “state secret.”  And, indeed, American courts — at Obama’s urging — have been upholding that sort of a “state secrecy” claim even when it comes to war crimes such as torture and rendition.  Does that sound like a political system to which any sane, rational person would “surrender”?

Marcy Wheeler has more on other aspects of the DOJ’s arguments, and I’ll have more tomorrow as well.

 

UPDATE:  As a reminder:  Obama supporters who are dutifully insisting that the President not only has the right to order American citizens killed without due process, but to do so in total secrecy, on the ground that Awlaki is a Terrorist and Traitor, are embracing those accusations without having the slightest idea whether they’re actually true.  All they know is that Obama has issued these accusations, which is good enough for them.  That’s the authoritarian mind, by definition:  if the Leader accuses a fellow citizen of something, then it’s true — no trial or any due process at all is needed and there is no need even for judicial review before the decreed sentence is meted out, even when the sentence is death. 

For those reciting the “Awlaki-is-a-traitor” mantra, there’s also the apparently irrelevant matter that Article III, Section 3 of the Constitution (the document which these same Obama supporters pretended to care about during the Bush years) provides that “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.”  Treason is a crime that the Constitution specifically requires be proven with due process in court, not by unilateral presidential decree.  And that’s to say nothing of the fact that the same document — the Constitution — expressly forbids the deprivation of life “without due process of law.”  This one sentence from the Post article nicely summarizes the state of Obama’s civil liberties record:

The Obama administration has cited the state-secrets argument in at least three cases since taking office – in defense of Bush-era warrantless wiretapping, surveillance of an Islamic charity, and the torture and rendition of CIA prisoners.

And now, in this case, Obama uses this secrecy and immunity weapon not to shield Bush lawlessness from judicial review, but his own.

Glenn Greenwald

Follow Glenn Greenwald on Twitter: @ggreenwald.

Obama’s next line of attack

He's moving on to Romney's Mass. record; Scott Walker's defense fund; and Thursday's other top political stories

  • more
    • All Share Services

- 47th out of 50 in job creation: That’s what the Obama campaign wants you to know about Mitt Romney’s record as governor of Massachusetts. Chicago is rolling out a new line of attack against the Republican today, focusing on his tenure in the Bay State. Like its previous campaign against Bain, the Mass. attack features a website and video that include interviews with lawmakers who served with Romney criticizing his record in the state.

The campaign has also organized a press conference with Massachusetts lawmakers that will take place on the steps of the statehouse in Boston later today. Obama political svengali David Axelrod will be on hand.

- Scott Walker pours in more cash to legal defense fund: Wisconsin Gov. Scott Walker and his staff have been under a “John Doe” investigation for three years looking into his time as county executive in Milwaukee. And just ahead of next week’s recall election, the governor transferred $100,000 to his legal defense fund from his campaign account. The two transactions of $70,000 and $30,000 are a major escalation from Walker’s camp, which has so far tried to pretend the probe does not exist.

- Walker and Democrat Tom Barrett face off in final debate: With the recall election Tuesday, tonight’s debate will be one of the last chances for the candidates to sway undecided voters — if there are any left in the state.

Democratic Governors Association (DGA) chairman Martin O’Malley, the governor of Maryland and an early favorite for the 2016 Democratic presidential nomination (seriously), will campaign for Barrett today, according to the DGA. But the race is not looking great for Democrats, as a new poll shows Barrett down 7 points. The RNC says it is “very confident” about the race.

- Chamber pulls trick to hide donors to campaign ads: Faced with a court ruling that would make them disclose the funders behind their political ads, the U.S. Chamber of Commerce — which plans to spend more than $50 million during the 2012 election cycle — has announced they will merely tweak their ads’ content to get around the disclosure order. “By changing the focus of its ads to specifically support or oppose candidates, it will not have to disclose any of its donors,” the Washington Post’s Dan Eggen reports.

While the move will prevent the Chamber from disclosing, some watchdog groups think it may help Americans understand just how political the Chamber has become. Unlike local chambers of commerce, the U.S. Chamber is essentially is an independent GOP electioneering outfit, not unlike Karl Rove’s Crossroads groups.

- Is Mitt Romney too hawkish for Henry Kissinger?: The former secretary of state has failed to endorse Romney, like other top Republican foreign policy figures. The New York Times reports: “As Republican leaders fell in behind Mr. Romney this spring, many members of the party’s foreign policy establishment have been more muted. Reluctance by this group to come forward for Mr. Romney more quickly reflects an unease over some of his positions, including his hard line on Russia and opposition to a new missile treaty….[and] Mr. Romney’s aggressive statements on trade policy toward China.”

- Mitch McConnell has made his picks: The Senate minority leader has selected which Senate races he thinks will help him become the Senate majority leader, telling Roll Call:

The Senator said he sees three different levels of competitiveness in 2012 races where his party could add seats. The races that represent the best chance for GOP pickups are the open seat in North Dakota, Sen. Jon Tester’s (D) very competitive race in Montana, the open seat in Nebraska, Sen. Claire McCaskill’s (D) uphill re-election bid in Missouri and the marquee matchup between former Govs. Tim Kaine (D) and George Allen (R) in Virginia.

McConnell’s “tier two” races include Sen. Sherrod Brown’s re-election effort in Ohio and the open seats in Wisconsin, New Mexico and Hawaii.

Then there are states less likely to lead to GOP pickups this cycle. “Maine, Pennsylvania, Florida are examples of ones you take a look at later,” said McConnell, who was chairman of the National Republican Senatorial Committee in the 1998 and 2000 cycles. “Sorta see what develops.”

Meanwhile, Bloomberg reports that Senate Democrats are being outspent three-to-one by super PACs on TV ads.

- Senate candidate defends call for national “birther office”: Former congressman Pete Hoekstra, who is now challenging Sen. Debbie Stabenow, D-Mich., defended yesterday his recent comments that the U.S. should create a national office to verify the birth certificates and other citizenship materials of candidates for federal office. Earlier this month, he criticized Sen. John McCain (R-AZ) for not making a bigger issue of President Obama’s birth certificate in 2008.

Yesterday, CNN’s Brooke Baldwin took the Senate hopeful to task for the comments, but Hoekstra stood by them, calling the bither office a “simple,” common-sense solution. He insisted his proposal had nothing to do with Obama, though acknowledged that “For someone else it might be about President Obama. So be it for them. For me, it’s not.”

Unlike lots of other birther candidates, Hoekstra should really know better. He served nine terms in the House and was even the ranking member on the Intelligence Committee (though Rep. Michele Bachmann (R-MN) is also on that committee, so…). Hoekstra the Senate candidate is perhaps most well known for running an ad during the Super Bowl that featured a stereotypical representation of an Asian Woman thanking Stabenow for sending jobs to China. The ad was produced by Fred Davis, the man behind the recently exposed proposal to run ads hitting Obama on his connection to Reverend Wright.

- Romneys collect cash poolside with CEO laying off thousands of workers: Romney is on a West Coast fundraising jaunt, including a stop at the home of Meg Whitman, the former California gubernatorial candidate who, as CEO of HP, announced recently that she was preparing to lay off as many as 30,000 workers. Whitman co-hosted a “poolside ‘ladies lunch’ Wednesday honoring his [Romney’s] wife at the Palo Alto home of Cisco Systems CEO John Chambers and his wife, Elaine.”

- VoteForEddie.com gets a website: An independent congressinal candidate in Florida legally changed his name to his campaign website so his URL could appear on the ballot. Eddie Gonzalez, who says he has an innovative plan to lower energy prices, went before a Miami-Dade judge in January to rename himself “VoteforEddie.com.” But in that case, shouldn’t his website instead be VoteForVoteForEddie.com?

Continue Reading Close

Alex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald.

Obama’s Iran charade

The shrill, militaristic Manichean worldview that brought us the Iraq war is gone -- except when it comes to Iran

  • more
    • All Share Services

Obama's Iran charadeThe main reactor at the Bushehr nuclear facility in Iran. (Credit: Reuters/Raheb Homavandi)

The nuclear summit that concluded last week between Iran and six world powers was a ridiculous charade. The Obama administration never intended it to succeed. Its sole purpose was to placate hawks in U.S. Congress, ensure that Democratic donors keep writing checks during election season, and buy another month of time during which Israeli Prime Minister Benjamin Netanyahu will not be able to bomb Iran. In the meantime, American drivers can sit back and enjoy more $4-per-gallon gas.

The talks failed because the U.S. and the rest of the P5+1 (Russia, China, Britain, France and Germany) refused to take yes for an answer. The key issue on the table was Iran’s accumulation of uranium enriched to 20 percent – not a high enough level to make a nuclear weapon, but close enough that it would be much easier for Tehran to do so. Iran made it clear that it was prepared to stop enriching to 20 percent and to even ship its stockpile of enriched uranium out of the country, if the U.S. and the other powers agreed to relax the draconian sanctions they have imposed on the country.

This deal would have been a major diplomatic breakthrough. It would have greatly reduced Iran’s capacity to develop a nuclear weapon, defused tensions in the region, calmed the oil markets, driven prices at the pump down and made it impossible for Netanyahu to attack Iran. In a presidential campaign as tight as this one, a significant drop in gas prices could be the difference between Obama being reelected and Romney defeating him. So why didn’t the Obama administration take the deal?

The ostensible reason, piously mouthed by Secretary of State Hillary Clinton, is that the U.S. believes that the upcoming, even harsher round of sanctions on Tehran will generate even further concessions. According to this line of reasoning, Iran only came to the bargaining table because of sanctions, and more sanctions will produce better results.

But this justification is transparently false. First, Iran has made it clear again and again that it will never allow itself to be seen as folding under U.S. pressure. It is prepared to negotiate, but successful diplomacy requires not just sticks but carrots. The carrot the P5+1 offered at Baghdad was ridiculous: If the Iranians agreed to suspend 20 percent enrichment, what they would receive in return was not a reduction in sanctions, but rather spare aircraft parts. For Tehran, accepting this deal would have been tantamount to surrendering. As Iranian analyst Hasan Abadini said, “Giving up 20 percent enrichment levels in return for plane spare parts is a joke.” These are not arcane diplomatic mysteries. As Iran expert Gary Sick pointed out in an interview on NPR, what it will take to reach a resolution of this issue is clearly understood by all the players involved. It is no more possible that the Iranians would have taken that deal than that the Palestinians would agree to establish their state in Jordan.

Second, Clinton’s argument that the Iranians will make more concessions begs the question: what concessions? The only remaining significant concession Iran could make would be to agree to give up enriching uranium altogether – and it has made it clear that it is never going to give up that right, which it is guaranteed as a signatory of the Non-Proliferation Agreement. In an interview with Washington Post columnist David Ignatius, former Iranian negotiator Seyed Hossein Mousavian made it clear that Iran would be prepared to give up 20 percent enrichment if its rights to enrich uranium were recognized.

All of this makes clear that the U.S. knew going into the negotiations that they were not going to succeed. The entire process was an elaborate ritual whose dual purpose was to inoculate President Obama against charges that he was “soft on Tehran” and to make it impossible for Netanyahu to go postal.

In fact, despite the conventional wisdom, it is extremely unlikely that the far-right Israeli leader will attack Iran. His constant threats to do so were the reason that Congress imposed the latest round of sanctions, against the Obama administration’s wishes. But despite Congress’s lockstep support for Netanyahu and anything he decides to do, up to and including an attack on Iran, it would be far too risky for Netanyahu to actually do it. The American people, unlike their bought-off, coerced and/or ideologically myopic political representatives, are sick of Middle East wars. Many, including increasing numbers of American Jews, are growing weary of Israeli intransigence and extremism. They’re also broke. An Israeli attack on Iran would draw in the U.S. and plunge the world into a depression – and the American people would hold Israel to account. Netanyahu may, as the former head of Israel’s spy service said, be “messianic,” but even he knows better than to jeopardize his country’s relationship with America. However, in order to manipulate America, it is essential that he constantly give the impression that he is about to attack Iran.

The Obama administration probably knows that Netanyahu is bluffing. But it has to play out this farce to placate Congress, keep pro-Israel Democrats writing checks, remove a Romney attack line and generally appear tough on Iran.

The irony is that the U.S. and Israel are always claiming that Iran uses negotiations over its nuclear program to play for time while it works feverishly to develop a bomb. But playing for time is precisely what the U.S. just did.

Obama is trying to run out the clock on Iran before the November election. He adroitly stalled the nuke-Iran hysteria that built up during the AIPAC conference in March, but he did so at a price, painting himself into a corner with tough rhetoric denying that containment of a nuclear Iran was an option and threatening to use military force. The negotiations in Baghdad had to fail in order for him to maintain that posture.

His strategy may work. He may stumble over the finish line in November, still dragging out negotiations. And he may overcome the serious headwind of high gas prices and beat Romney. But there is nothing good to be said about his weak and pandering approach. It will not stop the Iranian nuclear program, it is causing the Iranian people to suffer, and it hurts the average U.S. citizen. At bottom, it is an approach predicated not on achieving real progress in dealing with the Tehran regime but on overthrowing it. As such, it is antithetical to Obama’s proclaimed desire to reach out to Iran and to reset America’s relationship with the Middle East. In the long run, he will have to decide whether he really wants to continue a brinkmanship game that locks the U.S. into the self-defeating Middle East policies it pursued during the Bush years.

For the truth is that Obama’s Iran policy represents the last vestige of Bush-era neoconservative extremism. The moralistic, shrill, militaristic Manichean worldview that brought us the “Axis of Evil” and the Iraq war is gone – except when it comes to Iran.

Obama’s schizoid foreign policy – extreme and ideological on Iran, pragmatic and flexible everywhere else — was brought into sharp relief this week. Even as the Baghdad summit broke down, events elsewhere in the Middle East and South Asia demonstrated the utter failure of Bush’s approach – and provided a cautionary warning to Obama of the follies of continuing it with Iran.

Start with Iraq, where Bush’s nine-year-long military adventure is coming to an inglorious end. That unprovoked invasion was supposed to bring an end to an evil regime and transform the Middle East – the same reasons neocons now give for attacking Iran. It left an ethnically fractured, horribly wounded land in the grip of a strongman that is just now emerging from a nightmarish civil war and is still plagued by sectarian violence and terrorism. Our moral responsibility predates the war: America’s crippling pre-war sanctions devastated Iraq’s entire society, and they were one of the reasons why it was so difficult to rebuild it. Congressional proponents of sanctions against Iran should take note.

Then there’s Afghanistan, where after 11 agonizing years we have essentially given up. Afghanistan has proven beyond the shadow of a doubt that even a superpower cannot always succeed in imposing its will, that cultural and anthropological differences are critical, and that trying to combine nation building and counterinsurgency in one of the most backward and impoverished places on Earth is a recipe for disaster. The best we can hope for now is that not too many more U.S. troops are shot dead by the Afghans they are training – and that the Taliban does not roll into Kabul the moment we roll out.

Next there’s Syria, where an appalling regime is locked in a brutal struggle with a murky opposition and where all the options are so bad that we have no choice but to remain on the sidelines.

Finally, there’s Egypt, where a nascent democracy is fighting to be born. Everything about this inspiring, painful and threatened revolution, culminating in this week’s elections, was generated by the Egyptian people themselves. America had nothing to do with it. Contrary to claims made by Bush apologists, the appalling example of Iraq was actually a disincentive to throw off Mubarak’s tyranny. As for the rise of the Muslim Brotherhood, that dire event so feared by neoconservatives and Islamophobes, they may turn out to be the stable, conservative, don’t-rock-the-boat party.

The lessons these different situations hold for our dealings with Iran are very simple. First, we have far less ability to control what happens in the Middle East than we think. In Iraq and Afghanistan, we tried to impose our will directly and failed. In the other two, we either do not have the ability to intervene (Egypt) or the risks of doing so would be too high (Syria). Second, none of these situations are susceptible to the kind of good-and-evil moralizing that characterized Bush’s approach to the Middle East. Individually they are incredibly complex, and as a whole they are even more complex. There is no simple way to approach any of them. Basing our policy toward them on a Manichaean, good guys vs. bad guys worldview is self-defeating. Bashir Assad is a bad guy, but if we sided with the rebels, we could unleash a civil war even more catastrophic than the one going on now. Some of the Salafis in Egypt may be planning to ban beer and abrogate the Camp David treaty, but if we tried to prevent them from taking power, we would be thwarting the will of those Egyptian people who want those outcomes. Nouri al-Maliki may be a sectarian thug, but the alternative could be worse. Hamid Karzai may be a corrupt, drug-addled charlatan, but he’s the guy who’s there.

And so on, down the list, from Pakistan to Hamas to Netanyahu to Libya. The real world, as opposed to the black-and-white world of the neocons, is all about complexity, grey areas, compromises, diplomacy, flexibility. It’s about accepting that America will have to deal with regimes that do not toe our line. It’s about realizing that our soft power is more effective than our military power. It’s about putting down the Big Stick and trying to actually listen to what the people in the region are saying. It’s the opposite of the Bush Doctrine.

Obama knows this, but the dead hand of neoconservative ideology still drives his Iran policy. Until he shakes it off and accepts that Iran is a regional power and must be dealt with realistically, even though it does not always share our interests, his Middle East policy will continue to resemble that of his predecessor.

Continue Reading Close

Gary Kamiya is a Salon contributing writer.

Obama campaign raps Romney on Trump rhetoric

McCain has yet to speak out against "Birthers"

  • more
    • All Share Services

Obama campaign raps Romney on Trump rhetoricRepublican presidential candidate, former Massachusetts Gov. Mitt Romney, looks out the campaign charter airplane window during the flight between San Diego and Hayden, Co., Monday, May 28, 2012. (AP Photo/Mary Altaffer)(Credit: AP)

WASHINGTON (AP) — President Barack Obama’s re-election campaign is releasing a television advertisement accusing Mitt Romney of failing to stand up to “the voices of extremism” in his party.

The ad was released Tuesday as Romney was poised to clinch the Republican presidential nomination in the Texas primary. It takes the former Massachusetts governor to task for failing to speak out against real estate mogul Donald Trump, a supporter who has consistently charged that Obama is not a U.S. citizen.

The commercial opens by showing 2008 nominee John McCain brushing aside a woman who raised the citizenship issue at a town hall-style meeting, and asks, “Why won’t Mitt Romney do the same?”

A Romney aide is shown telling a TV interviewer that “a candidate can’t be responsible for everything a supporter has said.”

Guess who’s coming to dinner?

George and Laura Bush dine with the Obamas

  • more
    • All Share Services

Judy Gold

Emmy Award-winning actress and comedian Judy Gold is best known as the star of her two critically acclaimed off-Broadway shows, "The Judy Show - My Life As A Sitcom," and "25 Questions For A Jewish Mother." Judy has had her own comedy specials on HBO, Comedy Central and Logo. She appears regularly on Tru TV's World"s Dumbest. Check out www.JudyGold.com and follow her on Twitter at @JewdyGold.

Presidential race is most costly ever

The election is poised to dwarf the cost of 2008, when Super PACs didn't pump millions of dollars into the race

  • more
    • All Share Services

Presidential race is most costly everPresident Barack Obama, left, tours TPI Composites, a manufacturer of wind turbines blades, with plant manager Mark Parriott, Thursday, May 24, 2012 in Newton, Iowa. In Obama’s second visit as president to Newton, a city of about 15,000 east of Des Moines, he argued for Congress to renew wind energy tax credits.(AP Photo/Pablo Martinez Monsivais)(Credit: AP)

The battle between President Barack Obama and Republican Mitt Romney will be the most expensive presidential contest ever — by a long shot.

There are two main reasons. It’s the first time both major-party candidates are declining post-Watergate federal campaign financing — and the spending limits attached. And the proliferation of super PACS is pumping untold millions into the fray on both sides, mostly for advertising.

So fashion your seat belts and prepare for a howling tempest of broadcast ads, especially if you live in a battleground state.

Obama and Romney were both coming off a week of intensive national fundraising.

Without Democratic primary opposition, Obama had a huge early advantage.

But Romney, likely to surpass the 1,144 delegates needed for the GOP nomination next Tuesday with a primary win in Texas, is starting to catch up as major conservative donors begin opening their wallets.

Through April, Obama and Democratic groups supporting him have raised nearly $450 million and have more than $150 million in the bank. Romney and Republicans backing him have collected more than $400 million during the same stretch and have about $80 million at their disposal.

Both candidates are shooting for raising around $800 million, which would put their combined campaign spending at roughly $1.6 billion. Add another few hundred million from super PACs and convention spending.

Obama opted out of public financing in 2008 and raised $750 million. His spending swamped GOP rival Sen. John McCain, limited to spend the $84 million he received from taxpayers. Super PACs didn’t exist then.

We know what happened in that race. Romney didn’t want to see it happen to him.

Neither candidate had public appearances Friday. Romney was taking a long weekend California hiatus from campaigning, while Obama planned several ceremonial events on Memorial Day.

 

Continue Reading Close

Page 1 of 586 in Barack Obama