BushCo v. The Constitution: Guess who debated using G.I.’s in U.S. to arrest people

By GottaLaff

I just heard Rachel Maddow mention this, so I had to share. She believes that this story is payback for Cheney's recent smackdown of Bush for the Scooter Libby non-pardon, and that it will be a big deal. And since we're into big deals here at TPC:

Top Bush administration officials in 2002 debated testing the Constitution by sending American troops into the suburbs of Buffalo to arrest a group of men suspected of plotting with Al Qaeda, according to former administration officials.

Some of the advisers to President George W. Bush, including Vice President Dick Cheney, argued that a president had the power to use the military on domestic soil to sweep up the terrorism suspects, who came to be known as the Lackawanna Six, and declare them enemy combatants.

How sick is it that we consider that kind of BushCo thinking "par for the course"?

Mr. Bush ultimately decided against the proposal to use military force.

Probably because he couldn't pronounce Lackawanna.

A decision to dispatch troops into the streets to make arrests would be nearly unprecedented in American history, as both the Constitution and subsequent laws restrict the military from being used to conduct domestic raids and seize property.

As if that would stop His Dickiness.

The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law enforcement capacity.

I seem to remember posting about this possibility back when. Nobody seemed to notice. But you know what they say: Good things come to those who wait.

In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose.

That would be the same Justice Department that wrote up those spiffy little torture memos.

“The president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States,” the memorandum said.

Of course it did, because that's what Boy Georgie's DoJ deemed. The United Deem of America. Deem and Deemer?

The memorandum — written by the lawyers John C. Yoo and Robert J. Delahunty — was directed to Alberto R. Gonzales, then the White House counsel, who had asked the department about a president’s authority to use the military to combat terrorist activities in the United States.

Ding!

The memorandum was declassified in March. But the White House debate about the Lackawanna group is the first evidence that top American officials, after the attacks of Sept. 11, 2001, actually considered using the document to justify deploying the military into an American town to make arrests. [...]

Former officials in the administration said this debate was not as bitter as others during Mr. Bush’s first term. The discussions did not proceed far enough to put military units on alert.

See how they could all get along when they put their minds to it?

Still, at least one high-level meeting was convened to debate the issue, at which several top Bush aides argued firmly against the proposal to use the military, advanced by Mr. Cheney, his legal adviser David S. Addington and some senior Defense Department officials.

Reminder: Read The Dark Side by Jane Mayer. Learn all about Addington, His Dickiness, and their band of merry despots.

Among those in opposition were Condoleezza Rice, then the national security adviser; John B. Bellinger III, the top lawyer at the National Security Council; Robert S. Mueller III, the director of the Federal Bureau of Investigation; and Michael Chertoff, then the head of the Justice Department’s criminal division. [...]

Scott L. Silliman, a Duke University law professor specializing in national security law, said an American president had not deployed the active-duty military on domestic soil in a law enforcement capacity, without specific statutory authority, since the Civil War.

That, of course, was when His Dickiness was just a young boy.

Senior military officials were never consulted, former officials said. Richard B. Myers, a retired general who was chairman of the Joint Chiefs of Staff, said in a recent interview that he was unaware of the discussion. [...]

Despite this guidance, some Bush aides bristled at the prospect of troops descending on an American suburb to arrest terrorism suspects.

“What would it look like to have the American military go into an American town and knock on people’s door?” said a second former official in the debate.

Um, like Iraq?

Chief James L. Michel of the Lackawanna police agreed. “If we had tanks rolling down the streets of our city,” Chief Michel said, “we would have had pandemonium down here.”

Um, like Iraq?

Ex-Cheney aide David Addington can't find work

By GottaLaff

On three: One, two, three--- Aw-w-w-w:

David S. Addington, a top aide to Vice President Dick Cheney who was a forceful voice in internal legal debates, is also said to still be looking for work.

Hmmm, I seem to remember another stellar pillar of the BushCo crime family having unemployment issues. What was his name again? Fonzo? Bonzo? Oh yeah. Gonzo.

So David, Gonzo... how's that Bush economy/recession working out for you guys? Ever thought of becoming greeters? I hear the blue vests are awfully becoming, despite being quite the fashion risk. Then again, you two are into hardcore risks, as I recall.

The Torture Report

By GottaLaff

Rep. Jim Moran (D- Virginia) just said on Hardball that the Obama administration won't move on the substance of this New York Times editorial, because they want to "move on". As the editorial says, it's too "politically fraught". Oy.

Duncan Hunter is on Hardball, too, and calls it "left wing rubbish", because, see, only three people were waterboarded and those three were bad, bad, bad guys who gave us "enormously valuable information that saved American lives" after being tortured. Great logic, Duncan. Moral high ground and real American principles be damned. Double oy.

All but President Bush’s most unquestioning supporters recognized the chain of unprincipled decisions that led to the abuse, torture and death in prisons run by the American military and intelligence services.

Now, a bipartisan report by the Senate Armed Services Committee has made what amounts to a strong case for bringing criminal charges against former Defense Secretary Donald Rumsfeld; his legal counsel, William J. Haynes; and potentially other top officials, including the former White House counsel Alberto Gonzales and David Addington, Vice President Dick Cheney’s former chief of staff.

The report shows how actions by these men “led directly” to what happened at Abu Ghraib, in Afghanistan, in Guantánamo Bay, Cuba, and in secret C.I.A. prisons.

It said these top officials, charged with defending the Constitution and America’s standing in the world, methodically introduced interrogation practices based on illegal tortures devised by Chinese agents during the Korean War. [...]

The officials then issued legally and morally bankrupt documents to justify their actions, starting with a presidential order saying that the Geneva Conventions did not apply to prisoners of the “war on terror” — the first time any democratic nation had unilaterally reinterpreted the conventions. [...]

These top officials ignored warnings from lawyers in every branch of the armed forces that they were breaking the law, subjecting uniformed soldiers to possible criminal charges and authorizing abuses that were not only considered by experts to be ineffective, but were actually counterproductive. [...]

These policies have deeply harmed America’s image as a nation of laws and may make it impossible to bring dangerous men to real justice. The report said the interrogation techniques were ineffective, despite the administration’s repeated claims to the contrary. [...]

A prosecutor should be appointed to consider criminal charges against top officials at the Pentagon and others involved in planning the abuse. [...]

At the least, Mr. Obama should, as the organization Human Rights First suggested, order his attorney general to review more than two dozen prisoner-abuse cases that reportedly were referred to the Justice Department by the Pentagon and the C.I.A. — and declined by Mr. Bush’s lawyers.

Mr. Obama should consider proposals from groups like Human Rights Watch and the Brennan Center for Justice to appoint an independent panel to look into these and other egregious violations of the law. [...]

A good place for them to start would be to reverse Mr. Bush’s disastrous order of Feb. 7, 2002, declaring that the United States was no longer legally committed to comply with the Geneva Conventions.

Moran:

If we don't hold them accountable, we are not the nation the rest of the world wants us to be.

"This time the crime is worse than the cover-up"

By GottaLaff

Via Frank Rich, we get a peek into the pages of The Dark Side, by Jane Mayer. Her revelations are chilling:

We learn, for instance, that in 2004 two conservative Republican Justice Department officials had become “so paranoid” that “they actually thought they might be in physical danger.” The fear of being wiretapped by their own peers drove them to speak in code.

The men were John Ashcroft’s deputy attorney general, James Comey, and an assistant attorney general, Jack Goldsmith. Their sin was to challenge the White House’s don, Dick Cheney, and his consigliere, his chief of staff David Addington, when they circumvented the Geneva Conventions to make torture the covert law of the land.

But impeachment is off the table.

Ms. Mayer uncovered another damning verdict: Red Cross investigators flatly told the C.I.A. last year that America was practicing torture and vulnerable to war-crimes charges.

Top Bush hands are starting to get sweaty about where they left their fingerprints. Scapegoating the rotten apples at the bottom of the military’s barrel may not be a slam-dunk escape route from accountability anymore.

One can only hope.

In her telling, a major incentive for Mr. Cheney’s descent into the dark side was to cover up for the Bush White House’s failure to heed the Qaeda threat in 2001. Jack Cloonan, a special agent for the F.B.I.’s Osama bin Laden unit until 2002, told Ms. Mayer that Sept. 11 was “all preventable.” By March 2000, according to the C.I.A.’s inspector general, “50 or 60 individuals” in the agency knew that two Al Qaeda suspects — soon to be hijackers — were in America. But there was no urgency at the top. Thomas Pickard, the acting F.B.I. director that summer, told Ms. Mayer that when he expressed his fears about the Qaeda threat to Mr. Ashcroft, the attorney general snapped, “I don’t want to hear about that anymore!” [...]

The biggest torture-fueled wild-goose chase, of course, is the war in Iraq.

And the money line:

We can no longer take cold comfort in the Watergate maxim that the cover-up was worse than the crime. This time the crime is worse than the cover-up, and the punishment could rain down on us all.

Put impeachment back on the table. Start the hearings. Our government is run by war criminals.

Truer words were never spoken: The Nation of Dick Is a "Barnacle" on the Legislative Branch

By GottaLaff

I've been trying to post this all day, but every time I'd start to copy the embed code, my computer would crash. Finally, here it is.


Watch every second.

Between David Addington failing to submit testimony, and John Yoo forgetting his words, not a whole lot was cleared up by the House Judiciary Committee's hearing on interrogation techniques at Guantanamo Bay.

But on the bright side Rep. Steve Cohen (D-TN), did manage to clarify a very important question. Just what branch of government is the Vice President in?

The Nation of Dick -- and yes, he's his very own branch of government, and quite possibly his very own nation -- is a barnacle. But then, we've known that for a very long time.

Apologies to barnacles everywhere.