Just Above Sunset
June 25, 2006 - Sunday Political Notes
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See, posted Friday, Arthur
Silber at The Power of Narrative with Battling the Ghost of Vietnam, which opens with this - If you want to provoke
an especially heated reaction from the supporters of our current foreign policy -- those who proclaim that we must stay in
Iraq for the indefinite future, and until an impossible series of events miraculously transforms a bloody, murderous failure
into something they might finally dub a "success" - there is one guaranteed method of achieving that end: compare Iraq to
Vietnam. Almost without exception, the hawks instantly burn with white-hot anger. Their moral outrage is palpable. And he goes on to explain,
in detail. It's quite long, and quite good. Sorting through your
blog entries and the readers' emails you've posted yields the following five That's not very cheery. And see Mark Follman here - American presidents
have long tested the bounds of executive power during wartime. But when it comes to protecting its secrets, the Bush administration
has flexed unilateral power to a degree never before seen in Since 2001, the administration
has wielded the "state secrets" privilege as a wide-ranging weapon to snuff out legal challenges to its most Draconian tactics
in the global war on terror. At stake are no less than bedrock American moral and legal principles. Bush lawyers have aimed
to shoot down court cases involving the indefinite detention and brutal interrogation of prisoners, the covert transfer of
terror suspects to foreign governments known to torture, and domestic surveillance prying into the lives of thousands of Americans.
Established by a
Supreme Court ruling in 1953, the state secrets privilege allows the executive branch to limit or dismiss court cases that
may expose sensitive information and jeopardize national security. To that end, a judge can decide to disallow certain evidence,
or even go so far as to quash the whole case, without further remedy in the court system. When asked, But over the past
five years, lawyers representing the Bush administration have asked federal judges to throw out cases entirely at least 21
times - and likely more often than that, according to Meredith Fuchs, the general counsel for the National Security Archive
at George Washington University. … The White
House appears to have realized how powerful a tool the state secrets privilege can be, Fuchs says. "There's no question that
this administration is using it at a significantly higher rate than any other before it." But even more than
the pace, what now matters is the potency of the tactic, says John Kroger, a professor at Lewis and Clark law school and a
former federal prosecutor. "We're seeing a radical departure in how state secrets is being invoked," he says. "We're talking
about government actions affecting millions of Americans. We're facing major questions about constitutional law, and the Bush
government is saying they can't be adjudicated at all. It's a huge shift in the landscape from how this doctrine has been
used in the past." … In the hands
of the Bush administration, the baseline for state secrets is no longer scrubbing a case of sensitive evidence, but wiping
the case away completely. That's worth a read, if
you're interested in such things. There's lots you'll never know. It's different way of running the government. Things have
changed. And as the new weeks starts,
there's this from Newsweek - the new national reconciliation plan soon to be announced by
The plan also calls
for a withdrawal timetable for coalition forces from ... [A] senior coalition
military official, who agreed to discuss this subject with Newsweek and The Times of London on the condition of anonymity,
notably did not outright rule out the idea of a date. "One of the advantages of a timetable - all of a sudden there is a date
which is a much more explicit thing than an abstract condition," he said. "That's the sort of assurance that [the Sunnis]
are looking for." "Does that mean the
subject of a date is up for negotiation?" he was asked. "I think that if men of goodwill sit down together and exchange ideas,
which might be defined either by a timetable or by … sets of conditions, there must be a capacity to find common ground,"
the official said. So we've been told setting
a withdraw timetable is just plain surrendering and giving up. But it wouldn't
be if they ask for one? And we've been told the
UN is useless, and a den of thieves and full of incompetents and nations that really should have no say in anything, and Bush
bypassed the Senate and appointed that Strange things have been
going on in backrooms and in backchannel cables. Have Kevin Drum at The Washington
Monthly says this - President Bush would
be flatly insane to turn this opportunity down. It's precisely the kind of request he needs in order to declare victory, assure
everyone that the job is close to done, and make it clear that he respects Iraqi sovereignty and doesn't plan to occupy their
country forever. There would be no loss of face and no loss of national honor. Conversely, if he
resists it, it would be hard not to conclude that he was doing so solely because a "broad, conditions-based timetable" also
happens to be exactly the position of the vast majority of the Democratic Party - and he would rather chew off his own big
toe than do anything that might turn down the volume on the domestic partisan jihad that's been so politically successful
for Republicans ever since 9/11. I guess we'll find out soon. That misses the point. This was, one suspects, arranged by the administration, and it's pretty clever. It's manufactured opportunity. It may be the out. It may be nothing. |
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Copyright © 2003, 2004, 2005, 2006 - Alan M. Pavlik
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