Free Markets, Free People

Government

The AIPAC and Harman Scandal

The blogosphere is abuzz after this Jeff Stein piece in CQ Politics, essentially regurgitating old news:

Influence Peddler?

Influence Peddler?

Rep. Jane Harman , the California Democrat with a longtime involvement in intelligence issues, was overheard on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department reduce espionage-related charges against two officials of the American Israeli Public Affairs Committee, the most powerful pro-Israel organization in Washington.

Harman was recorded saying she would “waddle into” the AIPAC case “if you think it’ll make a difference,” according to two former senior national security officials familiar with the NSA transcript … In exchange for Harman’s help, the sources said, the suspected Israeli agent pledged to help lobby Nancy Pelosi , D-Calif., then-House minority leader, to appoint Harman chair of the Intelligence Committee after the 2006 elections, which the Democrats were heavily favored to win.

Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, “This conversation doesn’t exist.”

The fact that Harman was recorded via an NSA wiretap has some in the blogosphere declaring a victory for irony:

There’s a large poetic justice factor here in that Harman has been a big defender of potentially abusive surveillance so she doesn’t, personally, have much to stand on as an opponent of abusive surveillance when applied to her.

[...]

Thinking about that further reenforces (sic) the point that selective, unaccountable surveillance is very dangerous. A president could do a great deal to gin up pretexts to wiretap members of congress and blackmail them even without the members doing anything unusually egregious. But it’s also a reminder that we have a political system that’s substantially powered by a kind of systematic, quasi-legalized bribery.

Matthew Yglesias’ self-righteousness is supposedly justified by the fact that Rep. Harman backed the Bush Administration’s terrorist surveillance program, fondly remembered by the left as the inappropriately named “domestic warrantless wiretapping” program. However, Harman was not caught on tape by that program, but instead via a regular, old court-approved wiretap:

It’s true that allegations of pro-Israel lobbyists trying to help Harman get the chairmanship of the intelligence panel by lobbying and raising money for Pelosi aren’t new.

They were widely reported in 2006, along with allegations that the FBI launched an investigation of Harman that was eventually dropped for a “lack of evidence.”

What is new is that Harman is said to have been picked up on a court-approved NSA tap directed at alleged Israel covert action operations in Washington.

Nevertheless, thanks to Harman’s transgressions against the anti-war/anti-Bush left, in the form of her support of anti-terrorism activities, she is not getting any sympathy from Democrats. Which is a shame because it doesn’t necessarily appear that she’s done anything wrong here.

Because the article provides a paucity of specific information, I’m hard-pressed to figure out what Harman’s illegal action could have been. All the allegations are to unnamed sources, and there is no indication of what the supposed illegal activity was. The insinuation is that, based on earlier reports, Harman would help out AIPAC in return for the lobbying group raising money for Pelosi, who would then show her appreciation by promoting Harman to the Chairmanship of the Senate Intelligence Committee. Yet the facts as alleged don’t even support that theory.

First of all, there is nothing wrong with Harman “waddling into” the AIPAC case merely to advocate for a lighter sentence for the Israeli defendant accused of spying. It may not have been smart, nor exactly savory, but it would not have been illegal as far as I know. If instead Harman had tried to use her official powers to alter the outcome someway (which is not alleged), I could see wher there may some problems. Merely making a case for a lighter sentence does not even begin to rise to that level, however.

Furthermore, I’m not so sure that there is any real quid pro quo here. If after Harman “waddled into” the spy case, AIPAC went to Nancy Pelosi and said “that Harman chick is one swell gal! You should promote to the head of Senate intelligence panel, or something,” what would be the problem? Does AIPAC not have the freedom of speech to say they like one congressman over another? Some might think that AIPAC is a foreign lobbyist firm (it’s not), and thus should be restricted from certain activities with respect to supporting political appointments, but that’s not true. Foreign lobbyists are more restricted when it comes to elections, but no lobbyist is prevented from advocating for the appointment of an already elected official to committee assignment or the like. So, again, based on the information provided, I’m just not sure what the charge is here.

Interestingly enough, if there is anyone who should be worried about this latest report (assuming any of it is true), it is Alberto Gonzales. According to Stein’s article, other than the fact that Harman was caught on tape, the only other new news here is that “contrary to reports that the Harman investigation was dropped for ‘lack of evidence,’ it was Alberto R. Gonzales, President Bush’s top counsel and then attorney general, who intervened to stop the Harman probe.”

Why? Because, according to three top former national security officials, Gonzales wanted Harman to be able to help defend the administration’s warrantless wiretapping program, which was about break in The New York Times and engulf the White House.

As for there being “no evidence” to support the FBI probe, a source with first-hand knowledge of the wiretaps called that “bull****.”

[...]

The identity of the “suspected Israeli agent” could not be determined with certainty, and officials were extremely skittish about going beyond Harman’s involvement to discuss other aspects of the NSA eavesdropping operation against Israeli targets, which remain highly classified.

But according to the former officials familiar with the transcripts, the alleged Israeli agent asked Harman if she could use any influence she had with Gonzales, who became attorney general in 2005, to get the charges against the AIPAC officials reduced to lesser felonies.

[...]

Harman responded that Gonzales would be a difficult task, because he “just follows White House orders,” but that she might be able to influence lesser officials, according to an official who read the transcript.

According to the rest of the story, the Justice Department and the CIA were ready to conduct a full scale investigation of Harman because of the transcripts, but Gonzales stepped in and stopped it because he needed her help:

According to two officials privy to the events, Gonzales said he “needed Jane” to help support the administration’s warrantless wiretapping program, which was about to be exposed by the New York Times.

Harman, he told Goss, had helped persuade the newspaper to hold the wiretap story before, on the eve of the 2004 elections. And although it was too late to stop the Times from publishing now, she could be counted on again to help defend the program

He was right.

On Dec. 21, 2005, in the midst of a firestorm of criticism about the wiretaps, Harman issued a statement defending the operation and slamming the Times, saying, “I believe it essential to U.S. national security, and that its disclosure has damaged critical intelligence capabilities.”

Pelosi and Hastert never did get the briefing.

And thanks to grateful Bush administration officials, the investigation of Harman was effectively dead.

The problem with this version of the story is that it fails to allege what wrongdoing Harman was being accused of. Lots of “sources familiar with the transcript” are quoted, although none are named, and not a single person identified which statute or regulation Harman allegedly violated. Why is that?

Of course, regardless of whether Harman had actually committed any crime, if Gonzales called the dogs off for political reasons (as the story asserts), then he has a problem. I don’t think it would be obstruction of justice per se since, after all, he was head of the DoJ. Short-circuiting a criminal investigation for political gain, however, is exactly the sort of use of public office that Harman appears to be accused of in the Stein story.

At this point it is difficult, if not impossible, to tell exactly what happened. There are tiny whiffs of spice conjured up here there, but no real meat on any of the bones. Stein even admits at the end of his story that none of the supposed gains bargained for were actually realized:

Ironically, however, nothing much was gained by it.

The Justice Department did not back away from charging AIPAC officials Steve Rosen and Keith Weissman for trafficking in classified information.

Gonzales was engulfed by the NSA warrantless wiretapping scandal.

And Jane Harman was relegated to chairing a House Homeland Security subcommittee.

All of which calls the veracity of the story into question. I don’t know what actually went down, and apparently neither does anyone else whose willing to be named. Until there are some solid facts produced and names put behind them, this whole “scandal” looks pretty contrived in my opinion. Which really just leaves two questions: (1) Why this old story now, and (2) Cui bono? Your guess is as good as mine.

A Recipe For Economic Disaster

A level of economic government intrusion is now being contemplated like none we’ve ever seen before.  If you didn’t understand the one of the main purposes of the tea parties, perhaps this will help.

But what Obama rarely says about ending the “cycle of bubble and bust” is this: he’s prepared to intervene to make sure that kind of red-hot growth doesn’t occur.

And he’s willing to do it with added government regulation if needed to prevent any one sector of the economy from getting out of balance – the way the dot-com boom did in the 1990s and the real-estate market did earlier this decade.

According to Austan Goolsbee, a key Obama economic adviser, the president plans to focus on stopping bubbles along with preventing busts. And in an interview with POLITICO, Goolsbee said the administration will be on the lookout for new bubbles, like the tech stocks or housing prices.

If new threats are spotted, he said Obama would use “regulatory oversight to prevent guys who want to make a quick buck from doing real harm to the economy. . .That is what it means to get out of the bubble and bust cycle.”

In other words, government would decide what is or isn’t a “bubble” and move to stop what it determines is a bubble. As CATO points out, one man’s expansion might be another’s “bubble”. Are you comfortable with government calling that shot?

And government would also arbitrarily decide who was or wasn’t entitled to profit from that market – it would be the final determiner of who was or wasn’t making a “quick buck” from the growth.

Any idea what that would do to any market in which the government stepped in to slow down?

Yeah, nothing could go wrong that that idea, could it?

Bottom line: you have a governing elite picking winners and losers.

Thankfully, it isn’t quite as easy as you might imagine to do what Goolsbee and Obama would like to do.

…[T]here’s not much an administration can do in practical terms to burst a developing bubble. The best way to cool things down is raising interest rates, which is the purview of the Federal Reserve. Another option would be for regulators to order banks to curtail lending to buyers of certain kinds of assets.

The lesson here, of course isn’t necessary the plan itself, but the fact that those in a position of power are contemplating this seriously. Those aren’t the plans of a moderate, and certainly not those of a capitalist. They’re the plans of a group who apparently believes that complex economies can indeed be controlled and manipulated successfully from above.

Amazing hubris. Even more amazing arrogance. Most importantly, incredibly dangerous economic thinking.

~McQ

Torture…Again

I have to admit to some surprise in seeing Michael’s post on torture below.  QandO has been pretty much opposed to the use of torture, and we’ve taken some heat for it every time the subject has come up.  But, once you open up a libertarian blog to others to write for it, and tell them to feel free to write their own opinions without prejudice or favor, then,  before you know it, they go off getting ideas of their own, disagreeing with you, and generally acting with an outrageous sense of independence.

What’re you gonna do?

I understand the attraction of torture, both on utilitarian grounds, and in terms of what I will call “emotional reciprocity”, so I won’t re-cover Michael’s arguments, tendered, as they are, more inquisitively than asseveratively.

When I speak of “torture”, I want to be sure that we all have the same thing in mind when I use the word.  So I will define it here as the intentional application of physical pain, accompanied by the possibility of permanent injury, scarring, derangement, or death.  This will, I think, encompass the entire spectrum pf physical discomfort comfort from beatings to anything else more severe.  I specifically reject a definition of torture that includes psychological pressure, such as putting a particularly nasty-looking beetle in the cell of a prisoner who’s afraid of bugs.  I also reject questioning methods as sleep deprivation for a couple of days, or discomfort from keeping the air conditioning too low as torture.  These things might be unpleasant, but they are not physically or mentally harmful in any significant sense.

It’s possible to construct any number of scenarios in which torture is acceptable–perhaps even moral.  But that doesn’t negate the general rule that torture is, in fact, wrong.To continue, I would then proceed to the question, “Is torture always wrong?”  Well, that’s a silly formulation of the question.  In every human action, context matters.  I think there is general agreement that lying is generally wrong, yet if a terrified woman approaches us and pleads for us to hide her from a crazed stalker who intends to kill her, I think there is also general agreement that if the stalker subsequently approaches us, we would have a positive moral duty to lie to the stalker and deny any knowledge of her whereabouts.  There might also be general agreement that lying has a social purpose at times, in the sense that the answer to the question “Does this dress make me look fat?” is pretty much always, “No.”

In light of the above, it’s possible, then, to construct any number of scenarios in which torture is acceptable–perhaps even moral.  But that doesn’t negate the general rule that torture is, in fact, wrong, in the widest range of circumstances.  If we actually believe in all that stuff about “inalienable rights”, then certainly the right not to have hot needles shoved under our nails is one of them.

Beyond that, however, we enter a terrifically complicated area, when we begin to discuss giving the government the power to have recourse to torture as a matter of policy.  As a practical matter, it is nearly impossible to construct a system in which any official sanction to torture will not inevitably spiral out of control.  Once a set of rules is in place–any set of rules–there will inevitably be torture imposed on anyone on whom an official wishes to impose it.  Officials will ensure that the rules will apply to the persons they wish to torture.  Sure, the guy may look like an innocent Kabul taxi driver, but there will always be an official who “knows” better, and who will ensure that all the proper boxes are checked before the flensing knives are brought out.

We have elaborate rules, for instance, covering the issuance of search warrants, and severe criminal and civil sanctions for their abuse, yet, oddly enough, police agencies fairly routinely deliver no-knock drug warrants on innocent homeowners, which, not infrequently, result in homeowners or policemen getting shot.  Or in the case of 90 year-old Kathryn Johnson in Atlanta several months ago, police just ignore those rules, and seek to provide creative ex post facto justifications.  In that case, of course, we learned that such actions were not at all uncommon in portions of the Atlanta PD.

It is nearly impossible to construct a system in which any official sanction to torture will not inevitably spiral out of control.Providing legal sanction to use torture invites similar overzealousness on the part of officials.  Moreover, if the government can point to some cases of torture’s utility, the pressure to increase the range of acceptable subjects will inevitably increase–just as the drug war has increased the incidence of no-knock warrants being issued to “take down” non-violent drug offenders.  And, frankly, we haven’t done a very good job of guarding the slippery slope in these and similar areas of government activity.

That doesn’t make me sanguine about giving the government the legal sanction to engage in torture, especially in an environment where heathen foreigners will be on the receiving end of it, and their redress in case of mistakes are…limited.  That seems to me to have all the element necessary for an unconscionable abuse of power.

Now, let’s look at the question of whether torture works.  That answer to that is, yes, but not reliably.  There are a number of celebrated cases in World War II where French or Yugoslav partisans were captured by the Germans, turned over to the Gestapo, and essentially tortured to death without telling the Germans anything.  We also have, conversely, literally thousands of “confessions” of witchcraft during the Inquisition, extracted under torture.

What does that tell us?  Well, nothing really that we didn’t already know, which is that if you wish to get a suspect to talk, 220 volts to the genitals will probably work better than a medium-rare steak au poivre with shallots, and a robust glass of Côte de Nuits.

Whether the subject can be relied upon to tell you the truth, or just what he thinks you want to hear, is more problematic.  Torture can work–by which I mean you can receive reliable information from it– through the following iterative process:

1) The subject can be induced to talk through physical pain.  You can eventually get someone to tell you something, if enough torture is applied.  To ensure that something is useful,

2) You must be able to verify the subject’s information in whole, and provide…correction if any part of the subject’s statement appears to be untrue.

You must be able to repeat the above steps until the subject is convinced of your ability to verify his statements and punish evasions or subterfuges.  This can, needless to say, become an elaborate process.  If you can’t go through the process, then you don’t really know if you’re getting reliable information from it, or if the subject is shining you on to obtain relief.  Perhaps he’s telling you the truth.  Perhaps he’s just getting you to look askance at an innocent taxi driver in Kabul.

Michael asked:

Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.

Two things come to mind.

First, the vast majority of torture use, both historically, and in the modern world among those regimes that use it, is directed to obtaining confessions of guilt from criminal suspects.  It comes as no surprise that it’s highly effective at obtaining them.  Again, I refer to the Inquisition, where the possibility of death at some unspecified future date became more attractive than than the prospect of a continuance on the rack in the present case.

Second, as I wrote previously, torture does provide more information than would be obtained by abstaining from it.  One wonders, however, how much of that information is actually reliable, as opposed to how much of that information is beleived to be reliable by officials. Or simply politically convenient.  Those two latter  things may not, in fact, be the same as the former.

Finally, the question arises, “who do we torture?”  Certainly, every real terror suspect has some knowledge that can be useful.  Do we get to torture all of them?   Most of the justifications I’ve seen would give us the option to torture someone in a ticking bomb scenario.  Which sounds nice…if you actually know there’s a ticking bomb.  In the normal scheme of things, though, you really need to torture people to find out if a ticking bomb exists, not to figure out where it is.

The vast majority of torture use among those regimes that use it, is directed to obtaining confessions of guilt from criminal suspects.  It comes as no surprise that it’s highly effective at obtaining them.Or do we just torture the higher-ups in the terrorist movement, as a sort of fishing expedition?  This is, I gather, the justification for the interrogation techniques used on some of the al Qaeda biggies.  We thought they were up to something, and we used harsh interrogation to find out what they knew.

The most interesting thing about that is that we didn’t have to brand these guys with hot pokers to get them to give it up.  These guys apparently have little resistance.  Threaten to open a box of StayFree® Maxi-Pads in front of them, and they sing like superstars.  So maybe we got lucky in that some of these guys were easy marks.

But, as the Gestapo experience of WWII shows, sometimes, people will let you torture them to death without telling you anything.  Even in Vietnam, our POWs in Hanoi would resist real, actual torture for extended periods before giving up a “confession” to their captors.

But I digress.

Either you are going to define the torture-liable population so broadly, that officials will pretty much have a license to torture, or so narrowly that, as a practical matter, you’ll never use it.  If the former, you’ve got a slippery slope problem, if the latter, it’s not useful enough to even worry about sanctioning it, rather than just worrying about it on an ad hoc basis.

What would this guy do?

What would this guy do?

Jonah Goldberg has written often about the unwritten law, vs. the written law. Fifty years ago, it was against the law for the police to dispense street justice.  In practice, the beat cop, who walked the same neighborhood day after day and who knew the residents, would occasionally rough up some troublemakers pour encourager les autres, and in so doing, kept the peace on his block.  It wasn’t legally sanctioned, but it worked–and the cop knew that when he did it, he was risking at least his career, if it became a problem.

For a variety of reasons discussed above, as well as other, more prudential reasons in terms of the country’s image, and diplomatic reputation, I’d prefer never to see torture be enshrined in the written law.

I’ve noted before that, when I was on active duty, if I’d ever been faced with getting caught behind enemy lines in a Soviet attack in Europe, I would like to have the option of capturing a Russian officer, and finding out how to get back to our lines.  And, if I had to hook up a field telephone, and make a collect call to his genitals, I’d do it without blinking, if that’s what it took to get my guys back home alive.

I wouldn’t brag about it, or mention it to anyone in responsible authority later, but if I got found out, I’d expect to take the Court-Martial.  And, as long as I’d gotten my guys out, I’d have been happy to do it.

Necessity, it’s often said, knows no law.  But the law shouldn’t explicitly bow to necessity. I would rather have it understood that any torture inflicted is done without sanction, and the official authorizing the torture may be in danger of serious sanctions if he uses it.

It’s probably not the best solution.  But, on balance, I think it’s a better solution than giving the government explicit permission to conduct torture however they see fit.  Torture is problematic for a number of reasons, and the ethics of engaging in it are, at the very least, difficult to parse.  And, as Michael should well know, “hard cases make bad law”.

UPDATE [McQ]: What Dale said.

Torture: What Is It Good For?

Paralleling the song, the answer should be “absolutely nothing” with a testosterone laced “Huhn!” thrown in for good measure. Personally, I have my doubts.

This is not a new topic here at QandO, as my esteemed brethren have weighed in on numerous occasions, each time settling on an emphatic “No! Torture is not acceptable.” While it would be difficult, if not impossible, to put into words the esteem that I hold for my blog brothers, I have to say that I disagree. That may be because I have never been in the military, nor been subjected to anything close to the sort of forced life-or-death decision making that breeds a camaraderie distinct unto itself. And it may be because I have the luxury (thanks to said camaraderie) to simply ponder these things at my leisure. Just the same, I cannot say that I am opposed to torture of our nation’s enemies, nor can I honestly say that any experience will change my opinion.

First, the reason I even broach the subject: release of “secret torture memos” (link added):

President Barack Obama’s administration said it would Thursday release four memos, with sections blacked out, covering the Bush administration’s justification for CIA interrogations of terror suspects … The memos were authored by Jay Bybee and Steven Bradbury, who at the time were lawyers for the then-president George W. Bush’s Justice Department Office of Legal Counsel.

The memos provided the legal framework for a program of interrogations of “war on terror” detainees that included techniques widely regarded as torture such as waterboarding, in which a detainee is made to feel like he is drowning.

I have not read the memos, and I probably won’t. The sole reason being that I’ve slogged through enough of these legal documents to have a pretty good idea of what’s in there, and to know that there is plenty of qualifying language to mitigate whatever damning quotes are eventually culled therefrom. In point of fact, these “memos” are little more than legal research projects specifically drafted so as to provide both the underlying judicial framework for the issue at hand, and the best guess at how the current policy might fit into that framework under certain factual parameters. They are merely legalese for “this is what the law says, and this is how the policy may not run afoul of that law.”

Leaving aside definitional problems (does being confined with an insect constitute “torture”?), let’s just assume that what the memos described was not only policy, but a policy that was carried out. Why is that a bad thing?

Tom Maguire provides some thoughts:

IN OUR NAME: The newly released torture memos are cold-blooded and clearly client-driven – the lawyers knew the answers they wanted and reasoned backwards. Quick thoughts:

1. The US concern about actually harming someone comes through on every page. In fact, at one point (p. 36 of .pdf) the legal team wonders whether it would be illegal for the interrogators to threaten or imply that conditions for the prisoner could get even worse unless they cooperate. I suppose these memos will provide welcome reassurance of our underlying civility to both the world community and the terrorists in it.

2. There are some fascinating legal gymnastics on display. My favorite might be on p. 39, where we learn that Article 16 of the Geneva Convention does not apply because the CIA is operating in areas not under US jurisdiction. Nor do the protections of the US Constitution extend to aliens being held prisoner under US control but abroad outside of US jurisdiction.

However, another contender for the “It Would Take A Lawyer To Think Of This” prize is the argument that waterboarding does not constitute a threat of imminent death because, even though the prisoner thinks they are drowning, they are not, and anyway, the mental effect is transitory and does not result in long term mental harm – call it the “Psych!” defense. (The absence of long term harm comes from the experience of US sailors and soldiers passing through SERE school in the service of their country; whether a jihadist waterboarded by the Great Satan would also rebound psychologically is not explored here). I would think that a game of Russian Roulette played with a fake bullet might pass all these requirements other than the SERE experience.

Tom’s comparison to Russian Roulette intrigues me because I think it is the perfect analogy. I’ve written before that, in my opinion, waterboarding crosses the legal line because of the way the law is written. I’ve never been convinced that the technique crosses any moral boundary because I’m not so sure that it’s any different than placing a caterpillar in the same cell as a man who’s deathly afraid of caterpillars. Playing on the mind’s fears is part and parcel of both manipulation and torture, but does not mean that the two are equivalent. Morally speaking, therefore, I have doubts that techniques akin to waterboarding amount to “torture” per se.

But assuming that they do, again, what exactly is the problem? Aficionados of the subject will say that torture is ineffectual. Yet, Khalid Shaikh Mohammed would appear to be a test case in contrast to that wisdom, as would the fact that our own soldiers are routinely informed that “everyone breaks eventually.” Moreover, if it really is ineffectual, why does it continue to happen? Clearly, somebody somewhere is getting results.

Even leaving aside the efficacy vel non of torture, does it hold such moral deficiency as to abandon it altogether? Here I plead ignorance because, in my mind, I view enemies to my country as enemies to my family. By that I mean, if anyone were to hurt, or even threaten to hurt, a member of my family, I can’t even begin to express the unholy hell I would visit upon such a cretin. When I view A Time To Kill I can’t help but think that that the murderous, rapist scum got off too lightly (which, of course, was the point of Grisham’s characterization). Other than the fear of anything nefarious happening to my children, my greatest fear is of what I would try to do to those who hurt them or even suggested that they might do so. I have the same feeling when it comes to anyone who seeks to destroy my country and her citizens with whom I’ve (gratefully) cast my lot. My morality directs me to say that what any of you visit upon the least of my fellow countrymen, I will repay you a thousandfold and more. That may be my Irish bravado speaking, but it speaks as honestly as any man possibly can.

So I am left with the conundrum of how my actions in response to an attack on my family should be any different than an attack on my country, and why I should feel any differently about the perpetrators of such actions, whether they have followed through with their plans or not. I understand that my response — i.e. the sanctioning of “torture” — may not be entirely rational. Indeed, if a firetruck runs over my child while rushing to save an orphanage, I would feel no less grief, and probably wish an equal amount of horror upon the transgressors as I would upon 19 hijackers who murdered 3,000 of of my fellow citizens. In fact, probably more. There is nothing particularly rational in such a response. But I have little confidence that, should I have the chance to avoid either disaster, I would refrain from running the perpetrators’ minds through a psychological cheese grater if there was even a small chance that the disaster could be avoided. That may be little more than a testament to my weakness as a moral human being, but I think that I’m not alone.

Torture, however defined, is not a pretty thing. I make no bones about having zero regard for my enemies (i.e. those who want to destroy my country a la 9/11). If subjecting them to extreme psychological and/or physical discomfort, or the threat of such, will prevent further attacks, then I confess that I am happy to reward those monsters with the penalty they richly deserve. I accept that I may be wrong in such thinking, but I don’t find that case has been successfully made as of yet. Indeed, I defy you to take this test and declare that “torture” can never be acceptable.

The ultimate point is, torture is a horrible thing and should be avoided if at all humanly possible. But, unfortunately, we live in a world where the “humanly possible” has limits. In those cases, why is it that torture should be off limits? Is there a rational reason? I’m willing to be convinced, but I have my doubts.

Fiat CEO Says Chrysler Deal Up To UAW

A fairly clear statement of intent if you ask me:

Fiat would walk away from a tie-up with US carmaker Chrysler unless unions agreed to a new, lower wage deal, Sergio Marchionne, the chief executive of the Italian motor manufacturer, said.

In an interview with Canada’s Globe and Mail newspaper, Mr Marchionne said he would scrap the deal unless Chrysler unions agreed to match the lower costs of Japanese and German-owned plants in Canada and the US.

“Absolutely we are prepared to walk. There is no doubt in my mind,” Mr Marchionne said in comments published online. “We cannot commit to this organisation unless we see light at the end of the tunnel.”

So, UAW and associated unions, job or no job?

Your choice.

~McQ

Department Of Homeland Security Reacts

DHS Secretary Janet Napolitano reacts to the uproar over the, and I use the phrase very loosely when referring to it, “analysis and intelligence” report released by her department on “rightwing extremists”:

The primary mission of this department is to prevent terrorist attacks on our nation. The document on right-wing extremism sent last week by this department’s Office of Intelligence and Analysis is one in an ongoing series of assessments to provide situational awareness to state, local and tribal law enforcement agencies on the phenomenon and trends of violent radicalization in the United States. I was briefed on the general topic, which is one that struck a nerve as someone personally involved in the Timothy McVeigh prosecution.

Let me be very clear: we monitor the risks of violent extremism taking root here in the United States. We don’t have the luxury of focusing our efforts on one group; we must protect the country from terrorism whether foreign or homegrown, and regardless of the ideology that motivates its violence.

We are on the lookout for criminal and terrorist activity but we do not – nor will we ever – monitor ideology or political beliefs. We take seriously our responsibility to protect the civil rights and liberties of the American people, including subjecting our activities to rigorous oversight from numerous internal and external sources.

I am aware of the letter from American Legion National Commander Rehbein, and my staff has already contacted him to set up a meeting next week once I return from travel. I will tell him face-to-face that we honor veterans at DHS and employ thousands across the department, up to and including the Deputy Secretary.

As the department responsible for protecting the homeland, DHS will continue to work with its state and local partners to prevent and protect against the potential threat to the United States associated with any rise in violent extremist activity.

A couple of points – if what we saw is the level of intelligence the department is gathering and is indicative of the sophistication of the analysis it sees fit to publish, we are all in very deep trouble. That is one of the worst products I’ve ever seen produced by an agency anywhere, and I’ve read hundreds of intelligence analysis in my time. No specifics, vague and over-generalized threats, and nonsensical reasoning were its hallmark. That was my primary problem with it. As I pointed out, half of America, to include the news media, falls under their “rightwing extremist” umbrella.

Secondly, as the commander of the American Legion so aptly put it, the report resorted to a “casual defamation” of all soldiers with its claim that they were likely to be recruited by right wing hate groups. So yeah, she needs to meet with him and she needs to apologize for that ‘casual defamation’ and also admit that the product that was sent out was, to be kind, a piece of crap.

~McQ

You Might Be A Right-Wing Extremist If …

With apologies to Jeff Foxworthy, the Department of Homeland Security has apparently decided it is necessary to warn the nation’s law enforcement agencies about a new and growing threat – right-wing extremists.

For instance, you  might be a right-wing extremist if you’re a member of any groups:

“…that are dedicated to a single-issue, such as opposition to abortion or immigration …”

The report, entitled “Right-Wing Extremism – Current Economic and Political Climate Refueling Resurgence in Radicalization and Recruitment”, doesn’t mention whether those who are on the left and dedicated to single-issues, such as support for abortion or unlimited immigration might be extremists as well.

You can read the report here. (pdf)

David Weigel of the Washington Independent has trouble understanding the right-wing outrage this report sparks:

Seriously, though, I struggle to find anything wrong in a close — not a willfully obtuse — reading of the report.

Well maybe it’s the little things, David – like the apparent belief by DHS that any problem brewing domestically will occur only on the right. And perhaps it is implication that soldiers are likely to succumb to the draw of radical right-wingers:

Returning veterans possess combat skills and experience that are attractive to rightwing extremists. DHS/I&A is concerned that rightwing extremists will attempt to recruit and radicalize returning veterans in order to boost their violent capabilities.

Of course they have to go back to the early ’90s and Timothy McVeigh to substantiate this claim. Apparently they’ve been unable to find any more recent possible problems on which to pin their caution. And of course they also use as intel a claim made on a white-supremacist web-site which claimed (without any proof) that “large numbers of potentially violent neo-Nazis, skinheads, and other white supremacists are now learning the art of warfare in the [U.S.] armed forces.”

Well, there you go!

My favorite “you might be a right-wing extremist if” moment came with this little tidbit from DHS:

Rightwing extremist chatter on the Internet continues to focus on the economy, the perceived loss of U.S. jobs in the manufacturing and construction sectors, and home foreclosures.

The “perceived loss of US jobs?!” Heh … well I guess we won’t need all of that ‘stimulus’ money for unemployment if they’re only perceived losses, huh? But look at the topics – “extremist chatter” focuses on “the economy … jobs … and home forclosures?” Heck, then half the news media is extremist. And we here at QandO fall into that camp. And that’s with a less than obtuse reading of the sentence above, wouldn’t you say, Mr. Weigel?

And of course, DHS covers guns, gun laws and the current gun buying spree in a rather amusing way:

Open source reporting of wartime ammunition shortages has likely spurred rightwing extremists—as well as law-abiding Americans—to make bulk purchases of ammunition. These shortages have increased the cost of ammunition, further exacerbating rightwing extremist paranoia and leading to further stockpiling activity.  Both rightwing extremists and law-abiding citizens share a belief that rising crime rates attributed to a slumping economy make the purchase of legitimate firearms a wise move at this time.

So when you buy that gun and ammo, which is it? Is it because you’re a paranoid rightwing extremist or a law abiding citizen who thinks such a purchase is a “wise move at this time”? Only DHS knows for sure. But if you’ve happened to write about the “perceived loss of US jobs”, the economy or “home foreclosures” on the internet and are a military veteran, I imagine you can figure out into which category you fall (heh … me included).

And don’t you dare be a state’s rights guy who believes that the federal government should respect the 10th Amendment:

Rightwing extremism in the United States can be broadly divided into those groups, movements, and adherents that are primarily hate-oriented (based on hatred of particular religious, racial or ethnic groups), and those that are mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.

In all, DHS is convinced that the economic downturn along with the “historic Presidental election”, code for “hey, we elected a black guy”, ensures a return to the ’90s and the rise of skin heads and militias.

By the way, you weren’t supposed to know about any of this.

LAW ENFORCEMENT INFORMATION NOTICE: This product contains Law Enforcement Sensitive (LES) information. No portion of the LES information should be released to the media, the general public, or over non-secure Internet servers. Release of this information could adversely affect or jeopardize investigative activities.

In reality it contains a bunch of warmed over nonsense, conjecture and unsubstantiated cites from anonymous websites. But remember, don’t tell anyone in the media about this BS passed off as “Intelligence and Analysis” because if they ever got wind of it they’d conclude there was very little analysis or intelligence on display in the document – and we wouldn’t want to embarrass DHS, would we?

Hope and change.

~McQ

Tea Parties Are About Future Taxes, Not Present Ones (update)

Much of the left,  Steve Benen serving as a perfect example, are missing an essential point about the tea parties planned around the country. They aren’t about the level of taxation now. Instead, those attending them understand that with the massive spending undertaken by the federal government and the massive amounts of currency pumped into the system by the Federal Reserve, taxes aren’t going to remain anywhere near where they are now, no matter what politicians promise.

Benen uses a recent Gallup poll which says people are mostly happy with the tax rates they now have in an attempt to portray the protesters as being out of touch and out of step with the mainstream:

The latest survey from Gallup shows these assumptions don’t seem to apply right now: “A new Gallup Poll finds 48% of Americans saying the amount of federal income taxes they pay is ‘about right,’ with 46% saying ‘too high’ — one of the most positive assessments Gallup has measured since 1956. Typically, a majority of Americans say their taxes are too high, and relatively few say their taxes are too low.”

The same poll found that 61% of Americans believe the income taxes they paid this year are “fair.”

This certainly isn’t the kind of public opinion landscape Republicans were hoping for. In order for conservative talking points on the economy to be effective, Americans have to believe the current tax rates are never “about right” and anything but “fair.” Broad satisfaction with taxes leaves Republicans with very little else to say.

I beg to differ (and it isn’t just “Republicans” involved in these protests). What it says is the Bush era taxes, the ones which resulted from a tax cut, are considered “fair”. That would mean, then, than any increase in taxes would be considered something other than “fair”. And anyone with enough intelligence to make toast should realize that the spending orgy we’ve seen in the last few months is something that will have to be “paid for” either through taxation or inflation (or both).

So when Benen says the following, he whiffs completely:

Indeed, the semi-official slogan of the Tea Baggers’ events tomorrow is “T.E.A.: Taxed Enough Already.” It was hard enough to make this argument shortly after the president signed the largest middle-class tax cut in history; it’s even harder in light of poll results like these.

“Taxed Enough Already” mirrors the poll. But unlike Bennen, who attempts to pawn off the “95% of Americans will receive tax cuts” nonsense as the reason for the satisfaction, the people showing up seem to understand the economics of the situation better than he does. Someone is going to have to pay for all this fiscal profligacy, and the protesters know exactly who those people are.

Thus the protests.

UPDATE: Benen still doesn’t get it. Referencing this post, he says:

I see. So, at some point in the future (we don’t know when), some politicians (we don’t know who) might find it necessary to raise taxes. Whose taxes would be raised? It’s too soon to say. How much would taxes go up? No one knows.

It helps, if you’re going to write about this stuff, if you keep up with what’s been going on. As we pointed out in another post on the Obama budget, you don’t even have to guess “how much” or whether or not it might be “necessary”, the budget answers those questions:

Tax Increases:

Against a baseline that assumes current law tax policy is extended, S. Con. Res. 13 raises taxes by $361 billion and allows for $1.3 trillion in additional tax increases. In addition their budget paves the way for additional tax increases from a proposed cap-and-trade tax in reconciliation.

And (making the point as to how the 1.3 trillion is raised):

Deficit Neutral Reserve Funds:

The Democrat budget includes 15 “reserve funds,” which essentially “phantom spending” policy statements that allow the majority to say that they would like to fund a certain initiative. The deficit neutral requirement associated with the reserve funds typically require that taxes be raised in order to pay for the new policy initiative. If all reserve funds were to be fully enacted, total spending would increase by $1.3 trillion, financed by tax increases or spending decreases.

Maybe Benen finds that acceptable, but obviously those protesting don’t.

He concludes with:

With this in mind, I can only conclude that the Tea Parties are the most forward-thinking political events in the history of the country.

Another whiff – all you have to do is read the budget proposal that was passed by Congress, Mr. Benen. It outlines the size and scope of those future taxes fairly specifically.

You have read it haven’t you?

~McQ

GM Probably (Finally) Heading To Bankruptcy

After skillfully managing the bailout of GM and throwing billions of dollars in taxpayer money at it, our man Timmy (Geithner) has told GM to prepare for bankruptcy:

General Motors Corp. is believed to be preparing to file for bankruptcy by June 1 after being directed to plan for a filing by the U.S. Treasury Department, according to a report Sunday in the New York Times.

The Times, quoting unidentified sources, said the Treasury Department has directed officials at General Motors to lay the groundwork for a “surgical” bankruptcy filing that could last as short as a few weeks for portions of the company. Those portions would be the “good” parts of the company, and the “less desirable” parts of the company would remain in court for much longer and possibly be liquidated, according to the Times.

One has to wonder who gets to determine what the “good” parts are, but that said, if the following is true, it won’t be GM’s present “health care obligations”.

The parts of GM that may get bogged down in a lengthy court restructuring or liquidation include the “unwanted brands, factories and health care obligations,” sources said in the report.

That should fire up the UAW. The union won’t be the only one who isn’t going to be happy with an attempt to rush through a GM bankruptcy.

A report in the Wall Street Journal on Sunday said that any attempt at a “quick” bankruptcy for GM could face legal challenges from bondholders of the company.

As they have every right to do — but it certainly isn’t going to make the bankruptcy either surgical or short. My guess is the bondholders are realizing that pirates aren’t only to be found off the coast of Somalia.

~McQ