Michelle Malkin – Ace Reporter

Michelle Malkin, journalist par excellance, tracked down the infamous elementary school that dared to have a few kids sing the songs in this video back in February to celebrate Black History month:

One wonders what would have happened had students been “coerced” into singing a song praising our former President Bush. Oh wait! That actually happened back in 2006 where kids at the annual Easter Egg Hunt at the White House learned a song to praise Bush for his response to Hurricane Katrina! Seriously, that isn’t a satirical story from The Onion, it really happened:

[B]ack in 2006 children from Gulf Coast states serenaded First Lady Laura Bush with a song praising the President, Congress, and Federal Emergency Management Agency for their response to — of all things — Hurricane Katrina. The lyrics were as follow:

Our country’s stood beside us People have sent us aid. Katrina could not stop us, our hopes will never fade. Congress, Bush and FEMA People across our land Together have come to rebuild us and we join them hand-in-hand!

The event took place at that year’s White House Easter Egg Roll and included roughly 100 children from Louisiana, Mississippi and Alabama.

Considering what a truly horrendous heckuva job President Bush did for the victims of Katrina (even John McCain felt the need to lambaste the Bush administration about their failures)this strikes me as far worse than the the mild lyrics praising President Obama as our first Black President sung by the kids at the elementary school in New Jersey. Odd, but crack reporter Michelle M. failed to report on that outrage. And I don’t recall any media uproar over children being taught a song which praised President Bush for failing to do his job. I wonder why?

Well, I don’t really wonder, I think I know why, but all leave my opinion aside and let you folks reach your own decisions. Still, don’t you’d think the level of outrage being expressed by some people over this incident is a tad extreme?

But parent Leslie Gibson said, “I was shocked that the children would be reciting it in the way that they were and being fed the words, especially in light of it’s a politician and I think that political views should be kept at home.”

And parent Robert Bowen said, “I felt that it was reminiscent of 1930s Germany and the indoctrination of children to worship dear leader.”

Always with the Nazi comparisons. I’ll bet the Bush lies about the wars he instigated and his massive warrantless electronic surveillance program and torture regime and The Patriot Act and the elimination of habeas corpus were just hunky-dory with these folks. Nothing reminiscent of the Nazis, there. But a song praising our first African American President? Suddenly the Hitler comparisons are broadcast worldwide by our “liberal media.” Meanwhile we have an abortion doctor murdered at his church on Sunday, a Holocaust Museum guard gunned down, police officers ambushed and a part time federal census worker found dead, duck taped to a tree with the word “Fed” scrawled across his naked body. I suppose it’s too much to ask the right wing agitators like Malkin and Beck and Limbaugh, et alia, to tone down their rhetoric. But we sure as hell need to call them out on it. Their “commentary” and “reporting” is dangerous and incendiary and is getting people killed. Legitimate criticism is one thing, but hyperbole and lies and faux outrage and “jokes” which emphasizes Obama’s race and foster a climate of hate and fear is another thing altogether.

But back to President Obama’s plan to create his own version of the “Obama Youth.” He can’t get a public option health care plan passed through a Congress controlled by Democrats (yet), but that is no doubt merely a strategic move, designed to lull us into a false sense of security until the day our children turn us in to the authorities for detention in one of his re-education camps.

Right. And I’m a Sarah Palin fan boy.

Meanwhile, since Malkin decided to publish the name and location of the elementary school guess what happened? Actually you don’t have to guess. We’ve seen this story before, whenever Malkin goes on an outrage rampage performs a critical journalistic function and breaks an important story that the liberal mainstream media refuses to cover. In other words, this happens:

“The tension at B. Bernice Young Elementary School escalated to such a degree Thursday that the school was placed temporarily on lockdown after its principal received death threats over a YouTube video that showed nearly 20 children being taught songs lauding the president, though back-to-school night events continuing as planned Thursday night at the school.”

The school district in which this elementary school is located is now refuting the claims that death threats were received or that the school was ever in lockdown. However, media outlets reporting on the story continue to claim that police had confirmed death threats were received:

Police confirmed Thursday night that threats had been received by the school. They did not say who or what was targeted.

On Friday morning, there was a larger than normal police presence at the school. Two police vehicles were parked in front of the entrance, and another officer was assisting a crossing guard nearby as national media crews descended on the quaint Central Jersey neighborhood.

One would think that Ms. Malkin would mention reports that the school’s principal had been subjected to death threats as a result of her exposure of this “creepy cult message” being promulgated all across the country by the nefarious Obamabot Conspiracy to subvert our Republic from within. If only to take credit where credit is due. Yet surprisingly, her blog makes no mention of the actions which her inflammatory, over the top reporting accomplished: the alleged shut down of an elementary school because someone decided to threaten its principal with violence and thus potentially put young children at risk. Of course, we have no way of knowing how serious the threat may be, but it would certainly terrorize me if I was a parent of one of the kids at that school.

Most of the subsequent coverage, has instead focused on how angry parents were that there children were forced to sing Obama’s praises. Interestingly enough, the original Fox News story which followed up Malkin’s reporting, actually interviewed some parents who didn’t sound that upset:

But Andrea Ciemnolonski, the parent of another one of the students in the video, said the song was part of a second-grade project on a variety of topics related to the month of February, such as Groundhog Day, Valentine’s Day and Presidents Day.

“They did songs about President Washington, Lincoln, and they did do one about President Obama,” Ciemnolonski said. “My daughter was in the class that did the songs about Obama. It was black history month. … It was something for the kids to celebrate.”

Ciemnolonski said she “just can’t look at it as indoctrination,” though she added, “The comparisons made were a little exuberant.”

You know, I think that’s a more appropriate response, don’t you?

WSJ: Bad Advice for Harry Reid

You don’t need me to tell you that the Wall Street Journal editorial page is dishonest. But I will point it out anyway. In his piece about Harry Reid’s poor polling numbers, Jim Carlton provides this explanation:

According to an independent Mason-Dixon poll Aug. 23, Mr. Reid lagged behind Mr. Tarkanian by 49% to 38% and 45% to 40% against Ms. Lowden. Meanwhile, a Sept. 2 poll by liberal Web site Daily Kos found 52% of likely voters holding an unfavorable opinion of Mr. Reid.

Driving up Mr. Reid’s unpopularity at home is the liberal agenda that he has been championing for Democrats nationwide — including the health-care overhaul and $787 billion stimulus package — which is alienating some residents in his mostly moderate state.

First of all, it’s misleading to cite the Research 2000 poll as a ‘liberal Web site Daily Kos’ poll. Markos paid for the poll, but he didn’t conduct it. Research 2000 is a respected polling outfit and their polling should be cited as reliable. Secondly, here’s what the poll found:

Yet if anything is hurting [Reid], it’s anemic support among Democrats in those head-to-head matchups — barely breaking 70 percent against both challengers. It could be argued that Reid will bring those Democrats home by election day, and he likely will score dominant numbers among Democrats once the votes are cast. The problem isn’t in the percentages, but in the intensity of that support. If Democrats remain unexcited about Reid and his stewardship of the Senate, they could very well stay home on election day. If that happens, we could have the second Democratic Senate leader in six years ousted by home state voters.

Now, I am not arguing that there is no price to be paid for being the Majority Leader when you represent a swing-state. We learned this when Tom Daschle was ousted from office in 2004. It’s much safer for a Democratic senator from a red or purple state to hang back, keep a low profile, and occasionally separate themselves from the liberal wing of the party. But the polling out of Nevada shows that Reid is doing poorly in large part because thirty percent of registered Democrats are refusing to voice support for his reelection. He only has a 59% approval rating from Democrats.

Democrats are frustrated that it is so difficult to get anything done in the Senate and they place a lot of blame for that on Harry Reid. Most of that criticism is unwarranted in the sense that no alternative leader could do anything differently to change things for the better. But Reid will benefit everytime something on Obama’s agenda actually get passed through the upper chamber.

It’s true that Reid will also need to improve his standing with independents if he wants to win reelection. And, sometimes, what excites the base turns off the middle. So, this isn’t a simple scenario where all Reid has to do is ram home a liberal agenda and his polls numbers will magically correct themselves. But midterm elections are low-turnout elections, where the most likely people to stay home are the independents. Independents are also low-information voters, which means that they respond more to television advertising and their general sense of whether you have the momentum or not. With Reid’s huge money advantage, he knows he will win the air-war. What he has to avoid is the perception that he’s a dead duck. He needs to shore up his base and improve his poll numbers. Then the independents will come home.

Small states like Nevada tend to reelect their incumbents once they have seniority because the federal dollars those candidates bring home cannot be matched by a backbencher. This is the same reason why Arlen Specter has a big edge on Joe Sestak in the Pennsylvania race. Nevada would pay a heavy price for losing the Majority Leader, just as Mississippi took a hit when Trent Lott was forced out.

Reid should be fine for reelection so long as Democrats don’t associate him with a failure to enact Obama’s agenda. The Wall Street Journal probably knows this, which is precisely why they are advising him to run to the middle. A Majority Leader doesn’t get to run to the middle. They have to represent the whole caucus as best as they can while enacting the party’s priorities.

Palestinian response to Netanyahu: we’re not taking it any more

After decades of subterfuge in which Israel agreed to stop building settlements, i.e., stop colonizing Palestinian lands, and then proceeded to do so, the Palestinians have just had enough.

Abbas insists on settlement freeze

Mahmoud Abbas, the Palestinian Authority president, has called on Israel to freeze all settlement building in the West Bank and East Jerusalem so that stalled peace talks between the two sides can resume.

Speaking at the UN General Assembly on Friday in New York, Abbas insisted the move was necessary in order to “salvage” the Middle East peace process.

Abbas said that Israel’s continued building of settlements “will undermine the goal of establishing a geographically contiguous Palestinian state”.

“How is it conceivable that negotiations can be held on borders and Jerusalem when Israeli bulldozers are working to change the reality on the ground with the aim of creating a new reality and imposing borders as Israel desires?

http://english.aljazeera.net/n...

Well after the deceptions of Oslo, Camp David/Taba, and the Bush Road Map, none of which stopped Israeli building on Palestinian land, who can blame the Palestinians.

The Morality of Health Care Reform, Pt. 5

“The fundamental truth about health care in every country is that national values, national character, determine how each system works.”

Prof. Uwe Reinhardt, Princeton Professor & Health Care Economist

“I think health care is a privilege. I wouldn’t call it a right.”

Sen. Jim DeMint, R-SC

Drop Dead

Whether or not it’s a crisis that millions of Americans are uninsured or underinsured, that thousands lose their health insurance every day, or that tens of thousands die every year because they lack health insurance is a matter of perspective. The same goes for the economic crisis, the foreclosure crisis, or any other crisis.

Depending on your perspective, there’s nothing wrong with hundreds of thousands, or even millions losing their homes to foreclosure. (Even if deregulating the finance sector made it easier to sell them time bombs, in the form of mortgages, that went off long after the people who really matter made an easy buck and moved on.) There’s nothing wrong with millions of people having no health insurance, and thus no access to affordable, quality care. There’s nothing wrong, because it’s all right, and there’s no need to do anything about it.

That’s why I have to disagree with the following assertion, from Simon Johnson and James Kwak.

No one is against expanding health coverage on principle. As we come down to crunch time, the health-reform debate is all about money.

We can’t assume that “no one is against expanding health coverage on principle,” because it’s flat wrong. Just like there were plenty of people who were against mortgage modification on principle, and just like there were plenty of people who were against the economic stimulus on principle, there are plenty of people who disagree with expanding healthcare coverage. And they disagree with the very principle that everyone should be covered. 

The examples are abundant, on just about any issue; take Phil Gramm (who considers Wall Street a “holy place”) grumbling about a “nation of whiners” squeezed in the vise of an economic downturn his on political maneuverings helped create, or Rick Santelli’s (perhaps a high priest of holiness, in Gramm’s view) (manufactured?) rant against bailing out “losers” (whose numbers have risen to account for a record number of foreclosures), while ignoring irresponsible financial giants being bailed out by taxpayers; or take South Carolina governor Mark Sanford turning down stimulus funds, and offering a jobless South Carolinian his prayers instead.

The examples in the realm of health care reveal a whole new dimension of “Drop Dead Conservatism.”.

Drop Dead. That’s the best answer that some conservatives have been able to offer to a country in teeth of the worst financial crisis we’ve faced in a generation. When the Wall Street crisis loomed and the bailout was being debated: let the market fail, and risk another Great Depression, “for the sake of the altar of the free market.” Now, the economic downturn having worsened – and in ways that are more deeply felt in parts of the country far from centers of financial or political power – their response to rescuing the largest remnant of our manufacturing sector? “Drop Dead,” and devil take the hindmost.

Drop dead. That’s the overall message of conservatives who (a) see nothing wrong with the status quo in our health care system, because they (b) see nothing wrong with millions of people having no insurance and no access to care.

Seen from that perspective, it’s clear that the people who confronted GOP lawmakers in townhalls were talking about their wants not their needs. As such, they got put in their “place,” for whining about privileges they clearly haven’t earned because they can’t afford them — like the woman Tom Coburn schooled (to thunderous applause) for wanting help for her husband’s medical problems.

Coburn’s non-answer to his constituent’s call for help is actually less telling than the audience response.

Sen. Tom Coburn, R-Okla., is a medical doctor; his press releases frequently refer to him not as “Sen. Coburn” but as “Dr. Coburn.” He is also a fervent opponent of Obamacare. Coburn purports to favor an alternative bill so similar to the Democrats’ own that one can’t help wondering whether his opposition is mere partisan posturing. Another possibility is that Coburn is insincere when he claims to support any change to the current system.

Evidence for the latter is an exchange between Coburn and a weeping constituent who said at an Aug. 24 town hall meeting that her health insurance wouldn’t cover rehabilitation for her husband, who suffered a traumatic brain injury. Writing in the New Republic’s health care blog, the Treatment, Harold Pollack*, a professor at the University of Chicago School of Social Service Administration, said that when he saw this clip neither he nor his wife, a clinical nurse specialist, “could … believe what we were watching.”

…Pollack, his wife, and Philip Pizzo, dean of Stanford Medical School, found Coburn’s answer to be deeply disturbing. I did, too, of course. But what truly shocked and depressed me was not Coburn’s let-’em-eat-cake response but the fact that it wasn’t met in the room with a collective sharp intake of breath. Instead, Coburn received two quite robust bursts of applause. I have no idea how Congress and the White House can possibly sell health care reform to people like that.

It’s not surprising, though discouraging that no one in the Coburn town hall stood up to ask:  how is “neighbors helping neighbors” supposed to work when our neighbors are losing their jobs and their health insurance, in communities still receiving aftershocks from an economic downturn that started with an implosion on Wall Street. (Which, by the way, is doing much better now.) How is “neighbors helping neighbors” supposed to work when entire communities are devastated by layoffs, services are curtailed due to decreased tax revenues, and families barely have enough to keep themselves a roof over their heads and food on the table?

But the sharp shock of the 2008 financial crisis paralyzed the U.S. economy. Mass layoffs have been at a record high, flooding the labor market with job hunters. Six years of manufacturing-job losses were compressed into 18 months, overwhelming retraining programs. The collapse of home values and the tightening of credit make worker mobility a moot issue. Instead of connecting the jobless to new jobs, the employment system has seized up. After 33 weeks of searching for work, Whitfield is looking warily to December, when his unemployment insurance ends.

In an unhealthy economy, a single lost job becomes infectious, combining with others and spreading through family, neighborhood and community. Widespread cutbacks in spending by families mean lower demand for businesses and lower tax revenues for the government. This belt-tightening means fewer car sales and thus fewer jobs for car-part makers. It means less government spending on infrastructure and other public services, including economic development. The sum effect is less available work for job seekers — a perfect vicious circle. For a well-educated job loser like Whitfield, it can mean a permanent drop in earning power and standard of living — a reversal of the American Dream.

It not Coburn’s problem, of course. He has a job. Though, as the CNN host pointed out above, Coburn’s job is, well, a government job. So any help from his office (it’s unknown whether the constituent contacted or received help from Coburn’s office) would be help from the government.

Coburn might have remembered Sen. Chuck Grassley’s “get a government job” response to one constituent.

Iowa Senator Chuck Grassley gets a pretty sweet deal as Senator on health care. He pays $356.59 per month, and the most he pays when visiting a doctor or hospital is $300. Compare that to your average Iowan family, who would pay almost $600 a month and be on the hook for $5,000 or more if they went to the hospital.

And who pays for Grassley’s benefits? Taxpayers like you and me.

Senator Grassley’s health benefits meet his needs and they’re affordable. So why can’t people like you and me have something just as good?

Grassley was asked this very question by an Iowa voter at a town hall a few weeks ago. Instead of honestly answering the question, Grassley dismissed it, saying first that the citizen should get a job with John Deere (which recently laid off hundreds in Iowa) and then that the citizen should get a job with the federal government – a job like Senator Grassley’s – if he wanted health care as good.

Sens. Grassley and Coburn could, perhaps, have helped their constituents by offering them jobs in their own offices — and let them work for their health insurance — but it’s unknown whether they did that much, even.

Fortunately, for those constituents, they don’t live in Rep. Phil Gingrey’s Georgia district. He might listen to their stories, but he won’t be able to help them until he stops laughing.

Media Matters catches Republican Congressman Phil Gingrey (Georgia) in a pretty insensitive moment during a speech on the floor of the House. At one point during his long speech railing against health care reform, Gingrey found the idea amusing that 14,000 Americans losing their health insurance every day constituted some kind of health care crisis:

    

14,000 people are losing their health insurance every day NOT because of the cost of health insurance [laughs], they’re losing it because they lost their job!

Perhaps Gingrey thinks that Democrats (and the constituents who came to Coburn and Grassley — their elected representatives — for help) are overreacting to the health care “crisis,” just as Rep. Eric Cantor (the no. 2 Republican in the House) felt Democrats were overreacting to the economic crisis.

Maybe that’s what Cantor thought of the constituent who brought up her relative’s problems with medical care: she was overreacting. That’s why he told her to just find a government program or get some charity.

The constituent said she has a close relative in her early forties “who did have a wonderful, high-paying job, owns her own home, and is a a real contributing member of society.” Then she lost her job and found out she has stomach tumors and needs an operation.

“She has no insurance,” the constituent said.

“This person is a very close member of my family,” she said. “She’s ill. And she has no way to have this operation. So I’m asking you, what would you do if this were your close relative. Your niece, your aunt, your sister or whatever.”

Cantor suggested looking into “an existing government program.”

“There are programs, there are charitable organizations, there are hospitals here who do provide charity care,” he continued.

“No one in this country, given who we are, should ever be sitting without an option to go be addressed.”

And apparently this Republican wants us to rely on government and the charity of others to ensure that.

There’s a great irony, though conservatives tend not to “do” irony, in Cantor’s recommendation of a government program, and his failure to recognize the limitations of charity.

As for relying on charities and the kindness of strangers to save those facing life-threatening illnesses, what Cantor may not realize is that these charities, through no fault of their own, necessarily have to ration care and force patients to endure long wait times — there are fewer resources than patients.

In other words, Cantor’s warnings about the perils of a reformed system are already a reality.

It would seem obvious that the health care crisis is too big to be entirely solve by charity, though there’s a definitely role and need for it, because there aren’t many charities big enough to effectively solve the problem. But whether there’s a big health care crisis, or lots of individual health care crises — or whether there’s problem to solve at all — depends on your perspective. It’s a matter of perspective whether you see the perils of a system that provides everyone with access to affordable, quality care or whether you see a system already in peril.

Even former presidential candidate, Sen. John McCain had to face a pointed question from a constituent who thinks there’s a problem with health care coverage: Why didn’t Republicans ever reform health care while they were in power? 

Um. Because there’s nothing to reform. Everything is working just fine. Otherwise, why would the GOP have no plan of its own?

House Minority Whip Eric Cantor (R) and Rep. Bobby Scott (D) got together yesterday for a forum on health care policy in their home state of Virginia. By all accounts, it was a civil gathering in Richmond.

Cantor was pressed, however, on a couple areas of interest.

Richmond resident Ben Ragsdale demanded to know how Republicans were going to expand access to healthcare if they have only a four-page list of bullet-points as their plan.

“What is your substantive proposal to meet these real everyday problems that people have? Where’s the beef?” Ragsdale asked, triggering applause from the crowd.

The telegenic GOP lawmaker said Republicans and Democrats agree on 80 percent of fixing the nation’s healthcare system, but could not show the crowd a detailed plan that has been endorsed by House Republicans.

Cantor earlier this year said House Republican leaders would release an alternative healthcare plan, but have not done so yet.

There are two interesting angles here. The first is the constituent’s very good point — there’s still no Republican health care plan. House Minority Leader John Boehner (R-Ohio) told reporters in July that GOP lawmakers were putting “the final touches on our bill,” which, he said, would hopefully be available “soon.” That was 61 days ago, and no one’s heard a peep about their bill since.

Depending on how you see it, the constituents in the Cantor, Grassley, and Coburn townhall meetings, aren’t part millions of Americans caught up in the crisis of health care and health insurance. They aren’t a sign that we have a big problem. Instead they are just people with small, individual problems, that aren’t anybody else’s problem anyway.

After all, it’s not like they have a right to health care. As Sen. DeMint pointed out above, it’s a privilege, not a right. And Rep. Zach Wamp further clarified out early on in the debate it’s a privilege for some people, but not for all.

Presumably, Sen. DeMint was including among those who don’t deserve the privilege of health insurance or health care the 17.4% of South Carolinians who are uninsured, according to recent census data. And Rep. Wamp was counting among those who don’t deserve the privilege of health care the 1.7 million Tennesseans who were uninsured at some point between 2007 and 2008, including 32.4% of non-elderly Tennesseans who were uninsured for a month or more — many of whom were probably among the thousands so desperate for health care they can’t afford that they’ll wait to get treated in livestock stalls.

He flew in corporate jets to industry meetings to plan how to block health reform, he says. He rode in limousines to confabs to concoct messaging to scare the public about reform. But in his heart, he began to have doubts as the business model for insurance evolved in recent years from spreading risk to dumping the risky.

Then in 2007 Mr. Potter attended a premiere of “Sicko,” Michael Moore’s excoriating film about the American health care system. Mr. Potter was taking notes so that he could prepare a propaganda counterblast – but he found himself agreeing with a great deal of the film.

A month later, Mr. Potter was back home in Tennessee, visiting his parents, and dropped in on a three-day charity program at a county fairgrounds to provide medical care for patients who could not afford doctors. Long lines of people were waiting in the rain, and patients were being examined and treated in public in stalls intended for livestock.

“It was a life-changing event to witness that,” he remembered. Increasingly, he found himself despising himself for helping block health reforms. “It sounds hokey, but I would look in the mirror and think, how did I get into this?”

He might even be addressing himself to all of the Americans served by the Tennessee-based charity that those services and provides similar services all over the country. Founded with the remote areas of the world in mind, Remote Area Medical n now does 60% of it’s work in the US, bringing health care to uninsured Americans who can’t otherwise afford it.

Most recently, the organization brought its services to the Los Angeles area, where nearly 100,000 came seeking medical care.

Like a giant MASH unit, the floor of the Forum, the arena where Madonna once played four sold-out shows, housed aisle upon aisle of dental chairs, where drilling, cleaning and extracting took place in the open. A few cushions were duct-taped to a folding table in a coat closet, an examining room where Dr. Eugene Taw, a volunteer, saw patients.

When Remote Area Medical, the Tennessee-based organization running the event, decided to try its hand at large urban medical services, its principals thought Los Angeles would be a good place to start. But they were far from prepared for the outpouring of need. Set up for eight days of care, the group was already overwhelmed on the first day after allowing 1,500 people through the door, nearly 500 of whom had still not been served by day’s end and had to return in the wee hours Wednesday morning.

The enormous response to the free care was a stark corollary to the hundreds of Americans who have filled town-hall-style meetings throughout the country, angrily expressing their fear of the Obama administration’s proposed changes to the nation’s health care system. The bleachers of patients also reflected the state’s high unemployment, recent reduction in its Medicaid services for the poor and high deductibles and co-payments that have come to define many employer-sponsored insurance programs.

Many of those here said they lacked insurance, but many others said they had coverage but not enough to meet all their needs — or that they could afford. Some said they were well aware of the larger national health care debate, and were eager for changes.

Many don’t have coverage “enough to meet all their needs”? But it’s not even a need, but a “want,” as Andrew Card pointed out.

Card, I guess, should tell that to these people.

And even if were a need, other people’s needs — whether sitting in a livestock stall in need medical care, or facing foreclosure and needing shelter — are not our problem to solve or our responsibility to provide.

 

After all, we’ve got ours. We already have health benefits. We’re safe. So it doesn’t really benefit us to make sure everyone else gets the care they need want. It doesn’t do the rest of us any more good, anyway.

Does it?

Eric Holder’s State Secrets Charade

The attorney general announced a new policy for the executive branch’s treatment of the state secrets privilege.  But it is not so much a bold step towards greater openness as lipstick on a pig.

For more on pruning back executive power see Pruning Shears.

No Associated Press content was harmed in the writing of this post

On Wednesday Attorney General (AG) Eric Holder announced a new standard for invoking the State Secrets Privilege (SSP).  “This policy is an important step toward rebuilding the public’s trust in the government’s use of this privilege while recognizing the imperative need to protect national security,” he wrote.  It requires agencies “including the intelligence community and the military, to convince the [AG] and a team of Justice Department lawyers” that a newer, more stringent standard for harm would be caused if the alleged secret is disclosed.  (Previously the claim could be invoked by a single official.)  Unfortunately, in practice it will just preserve a broad, vague and unregulated power for the president.

First, note that Congress is missing from the new oversight regime.  The intelligence community, military, and AG are all in the president’s chain of command.  The Justice Department has both political and career appointees.  While the latter might be more likely to take a stand against an unreasonable claim, the amount of political pressure available to apply to them is basically only limited by a president’s forbearance.  As we saw during the last administration, that is not something to invest too many hopes in.

Second, it may be an attempt to halt the progress of the State Secrets Protection Act in Congress (SSPA).  The SSPA would, among other provisions, require that all SSP claims be privately reviewed and ruled on by a judge.  It also raises the standard for invoking the SSP to a level that, according to the Post, “closely tracks language in Holder’s memo.”  Further, “the Justice Department officials said Tuesday that their agency would give regular reports on their use of the state secrets privilege to oversight committees on Capitol Hill and that the AG would pass along ‘credible’ allegations of wrongdoing by government agencies or officials to watchdogs at the appropriate agencies.”  Why would Holder adopt the SSPA standard and offer briefings other than to send the message, we’ll satisfy your concerns without you having to bother with that pesky legislation.  It is a particularly bad moment to try that considering Justice (among others) was sued by the ACLU on Monday for not being sufficiently open.

The “enhanced ‘trust me'” proposal might work, though, because Congress has been notoriously lax about defending its prerogatives.  The shine comes off Pat Leahy’s triumphant announcement of the SSPA in light of his empty threats regarding DOJ corruption or the destruction of CIA torture tapes, to take just two examples.  Current leadership has been downright timid when it comes to unpleasantness with the White House.  It would make perfect sense if Holder thought he could short-circuit the SSPA with this plan.  Word of Congress’ toothless bluster appears to have made it to the private sector as well (via).

Skepticism is especially warranted towards the SSP because, as all articles discussing it ought to point out, it was established in defense of a lie.  The SSP originated with the 1953 Supreme Court decision United States v. Reynolds:

In Reynolds, the widows of three civilians who died in the crash of a military plane in Georgia filed a wrongful death action against the government.  In response to their request for the accident report, the government insisted that the report could not be disclosed because it contained information about secret military equipment that was being tested aboard the aircraft during the fatal flight.  When the accident report was finally declassified in 2004, it contained no details whatsoever about secret equipment.  The government’s true motivation in asserting the state secrets privilege was to cover up its own negligence.

There do not appear to be any other declassified SSP claims.  Meaning, the current rate of abuse – according to available evidence – is 100%.  Have all SSP claims been born of such low motives?  Who knows, but in the absence of new facts – and this is crucial – there is no reason to take the government’s word for it!  It is not for us to trust, but for government to prove.

Which brings up the final, crucial step of processing of state secrets that even the SSPA fails to address: automatic declassification.  Secrets do not remain sensitive forever.  It seems after a sufficient interval, say fifty years, they should be released to the public.  Congressional oversight and judicial review are necessary but not sufficient.  The public has a right, finally, to see.  We have a right to know what is being done in our name, even at a lag of decades.  As data gathers we will slowly see if the SSP is being used the way politicians earnestly assure us it is.  That in turn will help shape policy in a way that reflects the popular will instead of the ease of leaders.  Which, remember, is the point of democracy.

A walk in the woods

Spring has officially sprung in the Southern Hemisphere and the flora and fauna are definitely doing their thing.  We have been in drought for most of the year, only to see it broken with nearly deluge levels of rain in the last two months.
The native plants on our property are making use of the bonanza by putting out copious amounts of flowers.  So far we’ve identified fourteen species of native orchids, and from the looks of it we’re going to have more of them this year than ever before.   Here are some of the things we saw on this morning’s walk through our woods.

Kentucky Hanging Act of Domestic Terror?

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Grisly hanging of Census worker: an antigovernment act?

(Christian Science Monitor) – The discovery of Sparkman’s body Sept. 12 in the deep woods of eastern Kentucky – hanging from a tree with the word “fed” scrawled on his chest – not only is a grim reminder of the everyday risks that door-to-door workers face on the job. It also has the government again worried that disaffection and anger with Washington may be morphing into extremism, even domestic terrorism, and may be directed at government representatives. Sparkman’s death has been called “an apparent homicide.”

The FBI and Washington promise to investigate aggressively. William E. Sparkman, Jr., 51, of London,  a middle-age Scout leader, was found near a cemetery in the Daniel Boone National Forest.

It is a federal crime to attack a federal worker during or because of his federal job.

“It’s a tragedy. Our hearts and our thoughts and prayers go out to the family of this worker,” Office of Personnel Management Director John Berry said. He has spoken frequently about the denigration of federal employees.

“If this is an attack on a federal employee, I can assure you that no resources will be spared to find the perpetrators,” John Berry said according to the Washington Post. “We cannot tolerate essentially domestic terrorism, if that is what it is.”

Government officials and law enforcement personnel are already on alert after a series of incidents this spring and summer that fell into the domestic terrorism category, including the shooting of a guard at the Holocaust Memorial in Washington.

As the Census Bureau gets ready to employ some 1.2 million people to canvas the US for the 2010 census next year, news of Sparkman’s death is raising concerns for workers’ safety. The Census Bureau has already suspended operations in rural Clay County, where Sparkman died.

TIME: Government Distrust and a Dead Census Taker

Witness: Census worker’s hanging body naked, bound

BIG CREEK, Ky. (AP) – A part-time census worker found hanging in a rural Kentucky cemetery [Hoskins] was naked, gagged and had his hands and feet bound with duct tape, said an Ohio man who discovered the body two weeks ago.

The word “fed” was written in felt-tip pen on 51-year-old Bill Sparkman’s chest, but authorities have released very few other details in the case, such as whether they think it was an accident, suicide or homicide.

Jerry Weaver of Fairfield, Ohio, told The Associated Press on Friday that he was certain from the gruesome scene that someone killed Sparkman.

“He was murdered,” Weaver said. “There’s no doubt.”

Weaver said he was in the rural Kentucky county for a family reunion and was visiting some family graves at the cemetery on Sept. 12 along with his wife and daughter when they saw the body.

“The only thing he had on was a pair of socks,” Weaver said. “And they had duct-taped his hands, his wrists. He had duct tape over his eyes, and they gagged him with a red rag or something.”

  • Area where census worker died has troubled history

    "But I will not let myself be reduced to silence."

  • Saturday Painting Palooza Vol.216

    Hello again painting fans.

    This week we’ll be starting an entirely new painting.

    The photo that I will be using is seen directly below.

    I’ll be using my usual acrylics on an 8×10 canvas.

    I took this photo on my trip out west this summer.  It shows a trailhead going toward one of the buttes in Sedona, Arizona.  I particulary like how the butte to the rear has distant faded colors.

    I wanted to begin by painting an outline of the butte, the dominant element.  Simple enough, but it had to be placed to allow the other elements appropriate space.  I actually added marks on the canvas to properly orient things.

    The current state of the painting is seen directly below.

    Note the marks below that I used to place the butte.  They divide the canvas roughly in quarters.  I was less concerned about the north/south placement.  Note further that I’ve actually already added a layer of paint to the sky.  Of course this blue is only the first layer for all that will come.

     
    That’s about it for now. Next week I’ll have more progress to show you. See you then. As always, feel free to add photos of your own work in the comments section below.

    Earlier paintings in this series can be seen here.

    WWL Radio Interview w/ Cmdr Jeff Huber

    Join Gottlieb and I as we enter the murky waters of Foreign Policy, navigated by Cmdr Jeff Huber. In the aftermath of the UN speeches, and as G20 unfolds, we will interview Jeff and get his straight talk on what our Military is really doing and why.

    See you there! As always, respectful questions and commentary are welcomed.

    Join Gottlieb and me tonight at 6pm EDT on Wild Wild Left Radio, via BlogtalkRadio, for an interesting hour of Political Reporting and Commentary.

    WWL Radio: Free Speech in Practice.

    The call in number is 646-929-1264

    The live chat link will go live around 5:15.

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