Free Markets, Free People

Michael Wade

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.

Podcast for 19 Apr 09

In this podcast, Bruce, Michael, Bryan, and Dale discuss the use of torture on terror suspects, and the week’s Tea Parties.

The direct link to the podcast can be found here.

Observations

The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.

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.

One Day At The OnionTM

Dale forwarded me a link to this story from the Onion, which is a bit of a departure from their typical, non sequitur, off-the-wall sort of schtick:

More than a week after President Barack Obama’s cold-blooded killing of a local couple, members of the American news media admitted Tuesday that they were still trying to find the best angle for covering the gruesome crime.

“I know there’s a story in there somewhere,” said Newsweek editor Jon Meacham, referring to Obama’s home invasion and execution-style slaying of Jeff and Sue Finowicz on Apr. 8. “Right now though, it’s probably best to just sit back and wait for more information to come in. After all, the only thing we know for sure is that our president senselessly murdered two unsuspecting Americans without emotion or hesitation.”

Added Meacham, “It’s not so cut and dried.”

There are some who seem to think that, with this article, the Onion has delivered a withering critique of the media in this country. According to that view, by suggesting that the MSM would have difficulty figuring out exactly how to report a gruesome double homicide, the Onion is poking fun at the MSM’s reluctance to cover the perceived foibles of our president. But I don’t see it that way at all.

I condemn this article. How repulsive for the Onion to treat the most respected politician in the world as a foil in some stupid joke about the press. Even if in jest, it is simply beyond the pale to equate the president with a serial killer. Anyway, don’t they know that serial killers are all white (except for the one or two that aren’t)? Which reminds me, this article is also racist. Racists!

Besides the vile, racist, inhuman treatment of our president, it is absolutely ludicrous to think that the MSM isn’t holding Obama’s feet to the fire. Who told them to say that? Rush Limbaugh? O’Reilly? Haven’t they heard of Jake Tapper? And then there’s … um … racists!

Furthermore, it is unacceptable that the Onion could write such an article when it never once called out Bush for his lies, deceit and actual murder. I mean where was all the ribald comedy when our last president was ruthlessly killing innocent women and children just to line the pockets of his Halliburton buddies? Where were the protests? Why didn’t the Onion write about that?

In closing, I want to point out that our press is doing a fine job of covering the important issues and the difficult choices President Obama faces. The Onion should be ashamed of attacking him and his hagiographers reporters. As proof of their unquestionable skill and journalistic acumen, I leave you with this footage of the White House Press Corps doing what they do best. I trust this will settle the argument once and for all:

Visit msnbc.com for Breaking News, World News, and News about the Economy

Oh, and uh … RACISTS!

Podcast for 12 Apr 09

In this podcast, Bruce, Michael, Bryan, and Dale discuss the Maersk Alabama Piracy conclusion, President Bush’s Obama’s military and terrorism policies, and the poll that found only 52% of Americans beleive that Capitalism is superior to Socialism.

The direct link to the podcast can be found here.

Observations

The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.

Smearing Glenn Beck

In what I can only surmise is the latest talking point to emerge from JournoList, Glenn Beck has replaced Rush Limbaugh as

JournoList?

JournoList?

the token leader of the Republican Party, against whom all manner of mud will be slung. Reminiscent of the Clinton years, talk radio hosts are being assailed as the progenitors of hate, and even being blamed for recent shootings such as that in Pittsburgh. All of this nonsense, of course, but the smears will be cast about by lefty cohorts just the same.

The most recent offering is from Michael A. Cohen writing at Politico, entitled “Extremist rhetoric won’t rebuild the GOP”:

Watching Fox News’ new sensation Glenn Beck is not for the faint of heart. It is a disquieting entree into the feverish mind of a conspiracy theorist who believes, among other things, that the government wants to remotely control our thermostats, that the relaxing of the ban on stem cell research — as well as efforts to prevent global warming — is reminiscent of Nazism, that the Federal Emergency Management Agency might be setting up concentration camps and, finally, that the country is on the path to socialism or possibly fascism but definitely some “-ism” that should be avoided.

Frankly, that is all you really need to read of Mr. Cohen’s piece to understand what he is on about. The short version is that rightwing leader, Glenn Beck, is spreading dangerous conspiracy theories that hurt the GOP and the nation. The problem, as always, is that the charges just aren’t true.

Taking them one by one from the cited paragraph, here is what Cohen asserts are the product of “the feverish mind of a conspiracy theorist”, and why his assertions are false:

(1) “the government wants to remotely control our thermostats”

I don’t know to which Beck comments Cohen is referring, but the fact is that the California government proposed exactly such a law:

Next year in California, state regulators are likely to have the emergency power to control individual thermostats, sending temperatures up or down through a radio-controlled device that will be required in new or substantially modified houses and buildings to manage electricity shortages.

The proposed rules are contained in a document circulated by the California Energy Commission, which for more than three decades has set state energy efficiency standards for home appliances, like water heaters, air conditioners and refrigerators. The changes would allow utilities to adjust customers’ preset temperatures when the price of electricity is soaring. Customers could override the utilities’ suggested temperatures. But in emergencies, the utilities could override customers’ wishes.

Clearly, it takes no “feverish mind” to grasp the fact that such programs are being considered.

(2) “the relaxing of the ban on stem cell research — as well as efforts to prevent global warming — is reminiscent of Nazism”

Well that does sound pretty bad. At least, until you track down what Beck actually said. In an interview with Professor Robert George of Princeton University, Beck rehashed why allowing progressive political interests to be in charge of steering “science” in the name of the public good was not necessarily desirable:

GLENN: I tell you, it’s so disturbing. I’m getting a lot of heat today because yesterday on television I talked about this and I said, you know, it was the progressives and the scientists that brought us eugenics. The idea that science — if evolution is true, then science should be able to help it along, and it was the guys in the white jackets. It was the scientists and the doctors that brought us the horrors of eugenics and it’s because –

PROFESSOR GEORGE: Glenn, can I fill you in a little bit? Because you are absolutely right. Let me tell you a little bit of the history. It’s fascinating. Those guys in white coats were not even during the Nazi period. These weren’t guys working for the Nazis. This was years before the Nazis during the Weimar Republic.

GLENN: It was here.

PROFESSOR GEORGE: When progressive, as they were then called, doctors and lawyers and others, decided that there were some lives unworthy of life. And two scholars, a guy named Bending and a guy named Hoka (ph) who were not Nazis who were opposed to the Nazi federy and so forth, they saw them as really sort of lower class thugs. But these two guys, a law professor and a medical professor, wrote a book called Lebens unwürdig von Leben, life unworthy of life which was a roadmap for taking the life destroying the lives of retarded people, people regarded as inferior because of their low intelligence or physical impairment or so forth. That was the roadmap. It was before the Nazis. You are 100% right.

GLENN: And a lot of this stuff, I mean, started here originally, did it not? Didn’t some of the original thinking –

PROFESSOR GEORGE: Well, it didn’t just begin in Germany. It’s certainly true that there was a strong eugenics here among the elite, among the progressive, the people who regarded themselves as the forward thinkers. Just the name, one figure from my own field of philosophy of law, Oliver Wendell Holmes, the great American jurist and philosopher and eventually Supreme Court justice who was with the program entirely of eugenics before the Nazis gave it a bad name. So it was here in America just as it was in Germany.

GLENN: So here’s what I’m afraid of and, you know, call me crazy, but whenever you unplug from ethics and you put science at the top and then you surround it with a bunch of progressive elitists, that usually doesn’t spell, you know, spell out anything that’s good.

With respect to the dangers of separating ethics and embryonic stem cell research, the conversation also included this tidbit:

GLENN: The guy who started embryonic stem cell research, I heard a quote from him yesterday, said if you haven’t — if this whole concept of research on embryos hasn’t given you pause, then you haven’t thought about it enough.

PROFESSOR GEORGE: Oh, yes, that’s Jamie Thompson you are quoting who was the first person to isolate human embryonic stem cells. He is a research scientist at the University of Wisconsin. And he said that in explaining why he had done path-breaking work, very important pioneering work to create alternative sources of pluripotent stem cells, pluripotent just means like embryonic stem cells, cells that are able to be manipulated to become any sort of cell tissue so they would be very useful in regenerative medicine if all things work out. But Thompson was explaining why he went down another path and created a technology for which he’s likely to win the Nobel Prize called induced pluripotent stem cells which can be created without using embryos or destroying embryos or killing embryos. So yes, even somebody like Thompson recognizes that there’s a huge ethical issue here. But President Obama’s just swept past it, just swept past it.

To be fair, whenever Nazism or fascism enters the fray, noses are sure to get bent out of shape and even clearly expressed thoughts will be missed. However, as easily surmised from the snippets of conversation above (much less the whole thing), it’s quite clear that Beck was not comparing stem cell research to Nazism, but instead warning against allowing progressive scientists to drive the debate without regard for the ethical issues. By referencing an historical consequence of blindly following such advice, Beck is simply making a useful comparison to illuminate his point. Nowhere does he compare stem cell research to Nazism.

(3) “the Federal Emergency Management Agency might be setting up concentration camps”

Of all the accusations leveled at Beck by Mr. Cohen, this is the most egregiously false. In my opinion, the charge would fairly support a suit for defamation against Cohen, even under the heightened “actual malice” standard set forth in New York Times, Co. v. Sullivan. Far from asserting that FEMA was setting up concentration camps, Beck actively and thoroughly debunked the conspiracy theory [HT: Allahpundit]:

How Cohen could make the assertion he did is simply bewildering. Even the barest amount of research would have shown how wrong he was. If nothing else, Cohen should immediately retract his claim and apologize to Beck.

(4) “the country is on the path to socialism or possibly fascism but definitely some “-ism” that should be avoided.”

After delving into pure libel, Cohen quickly steers into idiocy. The assertion here is that Beck’s opinion that the Obama administration policies are grounded in statist/collectivist ideology is a conspiracy theory. Missing from Cohen’s analysis is any mention of the last eight years of BusHitler! droning. Nor is there any explanation as to how an opinion regarding the underlying ideology of the President’s governing philosophy could be a conspiracy theory. Typical of liberals nowadays, Cohen simply likens any mention of similarities between Obama’s agenda and actual socialist/fascist/statist policies as fear-mongering worthy of no examination, and what’s wrong with socialism anyway? Apparently ignorance of recent events is not Cohen’s only forte, as he is also seemingly unaware of anything that has happened over the last century or so.

Regardless of how one might feel about Glenn Beck, and whether you agree with him or not, he is being unfairly smeared by Mr. Cohen. The sorts of attacks set forth above will only broaden in scope unless confronted, and they will be used to discredit any similar veins of thought no matter how tangential to Glenn Beck, Rush Limbaugh, or any other strawman leader the left chooses to hang around the necks of those opposed to statist politics. Hit these rhetorical bullies in their lying collectivist mouths now, or face the unfortunate consequences of letting them drive the agenda and control the language of the debate.

Podcast for 05 Apr 09

In this podcast, Bruce, Michael and Dale discuss the G-20 Summit, Pres. Obama’s foreign policy, and the Geithner Plan.

The direct link to the podcast can be found here.

Observations

The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.

As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.

Hacking Away At The Last Pillar

The siege against capitalism continues unabated. Yesterday, leaders of the 20 largest national economies reached a consensus that they needed to reel in unfettered free markets, which they all agreed was the cause of the world’s economic crisis. The medicine consists of further funding of the IMF (to the tune of an addition $1 Trillion) and an increased regulatory state.
crumbling-column

Setting aside differences in philosophy and national character, at least for now, the leaders agreed to make available more than $1 trillion in new lending to spur international growth. While leaving it to individual nations to enact, they promised tough new regulations aimed at banks and other financial institutions whose freewheeling activities sparked the crisis. And they vowed renewed support for trade and more help for the globe’s poorest countries.

“The world’s leaders have responded today with an unprecedented set of comprehensive and coordinated actions,” Obama said, in the spotlight on his first overseas trip as president. “Faced with similar global economic challenges in the past, the world was slow to act, and people paid an enormous price. . . . Today, we have learned the lessons of history.”

For some reason, the bulk of the reporting on the G-20 conference outcome is limited to describing how wonderful everyone feels about the loose agreements, and how industrious they all were to come to terms with one another. Very little press has been devoted to the actual agreements. The media seem to be under the collective impression that the most important aspect of these meetings is the conduct of the diplomacy. They could not be more wrong:

FINANCIAL market “cowboys” who wreaked havoc on the world economy will be brought undone by the G20 agreement, Prime Minister Kevin Rudd says.

Mr Rudd says the $US1 trillion ($A1.4 trillion) deal agreed on at the G20 summit in London, will benefit “tradies”, young people and small business with real commitments against real timelines.

“Today’s agreement begins to crack down on the sort of cowboys in global financial markets that have brought global markets undone with real impacts for jobs everywhere,” Mr Rudd told reporters at the conclusion of the summit overnight.

The summit has agreed to a restructure of the financial regulatory system, reform of and a trebling of funding for the International Monetary Fund (IMF) to $US750 billion ($A1.08 trillion), an extension until the end of next year of a ban on nations introducing trade protection measures, a curb of excessive executive payouts and agreement to co-ordinate further economic stimulus.

Make no mistake. What the G-20 leaders (as stated by PM Rudd above) are saying to world is that none of this would have happened if they had been in charge. “Financial market cowboys” (meaning US and UK bankers), the faces of capitalism, are entirely to blame for the woes of the world. If only there had been more government involvement, according to this theory, then the financial crisis would have been averted or severely curtailed. Accordingly, the G-20 have decided that the way to fix this mass is to assert greater control over the world economy. The immediate targets of this new world order? Tax havens of course:

Switzerland, Singapore, the Cayman Islands, Monaco, Luxembourg and Hong Kong are among 45 territories blacklisted on Thursday by the Organisation for Economic Co-operation and Development and now threatened with punitive financial retaliation for their banking secrecy.

Among the sanctions being considered by the G20 are the scrapping of tax treaty arrangements, imposing additional taxes on companies that operate in non-compliant countries, and tougher disclosure requirements for individuals and businesses that use shelters.

[...]

Illegal tax evasion through offshore shelters has been a long-standing irritation for Gordon Brown, President Barack Obama and French President Nicolas Sarkozy. An estimated $7 trillion of assets are held offshore and, according to pressure group Tax Justice Network, developed countries lose $180bn a year in evaded taxes.

Under the OECD definition, countries will be considered non-compliant if they have less than 12 bi-lateral agreements to exchange tax information with foreign governments on request. “Authorities should have access to the information to effectively crack down on tax evasion,” Andrew Watt, director at law firm Alvarez & Marsal Taxand, said.

Jeffrey Owens, director of the OECD’s centre for tax policy said: “This is the major breakthrough we have been trying to get for 13 years. If you intend to evade tax through offshore bases, you will think hard about it now you know tax authorities can trace you.”

[...]

Mr Sarkozy added: “Sixty percent of hedge funds are registered in tax havens. Putting hedge funds under supervision isn’t going to generate jobs in the textile industry. But we have to put behind us the madness of this time of total deregulation.”

The reactions of Owens and Sarkozy are like being annoyingly puzzled at why the whipping boy continues to move, seeking to avoid the lash.

Clearly the aim here is not at fixing anything other than the ability of wealthy nations to collect taxes. Small countries typically designated as “tax havens” tend to have one thing in common: they have no other means of competing in the world market place other than in the area of business taxation. If the economies of these countries were all dependent upon growing and selling corn, then the G-20 actions would be met with a much different response. Instead, companies that wish to minimize their tax burden, so that they may instead fund R&D, expand (create jobs), or re-invest, are treated as outlaws, unworthy of little more than scorn. And the small countries that have been willing to host these companies as a means of boosting their own economies, are labeled pariahs to be sanctioned by the wealthiest nations in the world. The message: “Don’t muscle in on our territory. That’s our tax money and we’re here to collect.”

In addition to punishing tax havens, the G-20 decided that the favorite whipping boys of statists needed to be better restrained so as to prevent their squirming:

Leaders agreed to craft tighter controls over hedge funds and establish more rigorous regulations to prevent the buildup of toxic assets that poisoned the U.S. financial system in and spread overseas.

[...]

The leaders agreed to set benchmarks for executive pay and make accounting standards more uniform across borders. Most would be drafted by a new Financial Stability Board, where central bankers, regulators and finance ministers from the more than 20 nations represented at the summit will eventually hash out the details.

Credit agencies — whose top-notch ratings of instruments linked to bad U.S. subprime mortgages gave false indications of their relatively safety — would be subjected to new oversight and regulations. But there was no call for a global regulator that could overrule decisions made by individual countries.

While I’m glad to see the ratings agencies (whom have inexplicably been absent from public criticism and ire) taking their turn at the post, everyone should be dismayed at what these sorts of agreements portend. The collective effort to rein in “cowboy capitalism” is little more than a barely disguised effort to place the European bit in the mouth of American (and, to a lesser extent, British) mouth. Business decisions are no longer to be made in the interests of the shareholders, but in favor of “public good.” What constitutes the “public good” will be determined by the special interests who exact the most influence upon, and best line the pockets of, the political forces in charge. In short, consumers no longer rule the market place; bureaucrats do.

Fallen pillar

Fallen pillar


As with all movements based on collective will, such as that which the G-20 has furthered, an unfettered free market is featured as the main culprit. America is widely considered to be an economic jungle where the capitalist beast roams freely, devouring the innocent and maiming cautious outsiders. Ironically, Leviathan himself has identified capitalism as an unrestrained beast in need of controlling. Yet, we have nothing like an uncontrolled free market here. It only appears that way because the remainder of the world has cloaked their industries in thick blankets of protectionism and shackled their businesses with an alarming array of bureaucratic chains. Comparatively, America does look like a free market jungle.

But therein lies the problem. As the Washington Post stated it:

Along with declarations of optimism came the recognition of at least a temporary shift in attitude away from two decades of intense reliance on free trade, deregulation and market-knows-best policies that fueled stunning growth across the planet.

Brown — the leader of a country closely associated with that philosophy — declared “the Washington Consensus” over, using a term that recognizes the American roots of an economic system seen by many in the world as unfair and unhealthy.

As far from a pure free market as we are, it is our relative distance from the nanny-statism of Europe and beyond that props up the economies of the world. That stunning growth was made possible precisely because of what the rest of the world refers to as “cowboy capitalism” and they were all happy to join in the ride. But now that woe times betide us, thanks primarily to government meddling (e.g. CRA, Fannie Mae, Freddie Mac, Fed policy, etc.), the world is ready to chop down the last pillar of capitalism, and assert government control over everything. With that final support gone, the capitalist beast will be brought to heel, confined to the zoo where it will live its remaining days as little more than a novelty. Unfortunately, it will take its wealth producing powers with it.

Do Habeas Hearings Violate the Geneva Conventions?

Ed Morrissey highlights an order of a U.S. District Court regarding detainees at Bagram AFB:

A federal judge ruled on Thursday that prisoners in the war on terror can use U.S. civilian courts to challenge their detention at a military air base in Afghanistan.

U.S. District Judge John Bates turned down the United States’ motion to deny the right to three foreign detainees at Bagram Airfield in Afghanistan.

The U.S. Supreme Court ruled last year that detainees at Guantanamo Bay, Cuba, have the right to challenge their detention in court. But the government had argued that it did not apply to those in Afghanistan.

Bates said the cases were essentially the same and he quoted the Supreme Court ruling repeatedly in his judgment and applied the test created by it to each detainee. It is the first time a federal judge has applied the ruling to detainees in Afghanistan.

Unfortunately, I think Bates is correct here because of the ruling in Boumediene. As I pointed out in February:

Similarly, extending habeas corpus rights to prisoners detained on the battlefield is an exercise in futility. Of course, that ship sailed with the ruling in Boumediene v. Bush. I’m not sure what argument the government could make that any prisoners under the control of the U.S., regardless of where they are being held, are not entitled to some sort of habeas proceeding. And since the very procedures deemed constitutionally valid by the Supreme Court in Hamdi were struck down as inadequate in Boumediene, I don’t know what options are actually left to the Obama administration other than the unsavory prospect of field executions.

Barring a contrary ruling from the Supreme Court, I think this most recent case proves the point.

But, Ed Morrissey seems to think the Bates’ decision does much more. Where he (reasonably) finds that the foregoing is an unconstitutional interjection of the judiciary into matters delegated to the Executive, Ed also seems to think that Bates’ order violates the Geneva Conventions (his bolding applied):

Not only does this violate the separation of powers in the Constitution, it actually violates the Geneva Convention. Article 84 states clearly that prisoners of any stripe shall not get tried in civil courts:

A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war.

In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105.

We do not try our military personnel in civil court for offenses committed in the service. Therefore, we do not have the right to try prisoners in our civil courts, either.

There are a few problems with that conclusion:

(1) The detainees are not being tried. They’re challenging their detention. Another way of putting it is that they’re the plaintiffs in such an action (habeas hearing) as opposed to the defendants (as in a trial).

(2) Civilian courts may be used under the GC where the crimes/offenses alleged are already illegal (i.e. no a bill attainder or ex post facto law) and the court procedures provide the minimum guarantees set forth in the GC (this is spelled out in the rest of Ed’s Article 84 excerpt starting with “unless”).

(3) The Boumediene decision pretty much made this ruling necessary since the SCOTUS designated anywhere under U.S. control as being “U.S. territory”, with a few exceptions. An active battlefield is one of them IIRC and the judge may have decided that Bagram AFB doesn’t qualify.

In fact, on that last point, Judge Bates specifically noted that:

… non-Afghan detainees captured outside the country and moved to Bagram for a lengthy detention should have access to the courts to prevent the United States from being able to “move detainees physically beyond the reach of the Constitution and detain them indefinitely.”

As Boumediene is written, I think Bates got it exactly right. I do think that the entire line of reasoning and case law is incorrect from both a policy and constitutional basis, but Judge Bates is required to follow Supreme Court precedent. That his ruling serves as a perfect example how reductio absurdum can happen in real life doesn’t make him wrong.

Furthermore, I don’t see how allowing detainees to challenge their detention could possibly violate the Geneva Conventions. Again, that does not mean detainees should be afforded such rights, just that such a grant does not in any way run counter to either the letter or spirit of those treaties.