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Bloomberg's Banal Bloviation Makes McCarthyite Headlines at Harvard |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=20877"><span class="small">William Boardman, Reader Supported News</span></a>
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Tuesday, 03 June 2014 15:06 |
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Boardman writes: "That CNN headline on May 30 typified news coverage of the Harvard College commencement speech offered by former New York Mayor and continuing media mogul Michael Bloomberg, but it's a headline that pretty much distorts the reality of Bloomberg's speech, while accurately focusing on Bloomberg's own political/ideological distortions."
Former New York City Mayor Michael Bloomberg. (photo: AP)

Bloomberg's Banal Bloviation Makes McCarthyite Headlines at Harvard
By William Boardman, Reader Supported News
03 June 14
“Bloomberg: Universities becoming bastions of intolerance”
hat CNN headline on May 30 typified news coverage of the Harvard College commencement speech offered by former New York Mayor and continuing media mogul Michael Bloomberg, but it’s a headline that pretty much distorts the reality of Bloomberg’s speech, while accurately focusing on Bloomberg’s own political/ideological distortions. But who’s going to write a headline along the lines of this: “Friendly Billionaire Septuagenarian Gives Long Banal Speech With Unsupported Accusations of Leftist McCarthyism Thrown In”?
What would have been more accurate than what the New York Daily News used:
Former Mayor Michael Bloomberg slams intolerance by liberals on college campuses during fiery Harvard graduation address
The “fiery” speech lasted about 24 minutes and opened with this challenge to orthodoxy: “I’m excited to be here, not only to address the distinguished graduates … but to stand in the exact spot where Oprah stood last year. OMG.”
The newly-minted Dr. Bloomberg followed that joke with a series of traditional, pandering, self-deprecating, “humorous” remarks, including a blown joke about “academics to go along with your academic programs” [corrected in the transcript]. This introduction peaked at the 3:30 mark with a flattering-if-not-fiery truism: “Harvard remains what it was when I first arrived on campus 50 years ago: America’s most prestigious university. And, like other great universities, it lies at the heart of the American experiment in democracy.”
That line served as a transition into more abstract but commonplace generalizations about freedom and tolerance. He asserted that those values are threatened by “the tyrannical tendencies of monarchs, mobs, and majorities … both on college campuses and in our society,” no specifics offered (and no explanation of where those monarchs lurk, outside his speech writer’s alliteration).
The mayor stood for principle and property rights in 2010
In sync with his self-referential opening remarks, Bloomberg here gave a brief exegesis of his own heroism as mayor, defending constitutional freedom of religion even when faced with the prospect of a mosque near the World Trade Center site. And for this he deserves the credit he gives himself, if not perhaps in his own hyperbolic terms: “The idea that government would single out a particular religion, and block its believers – and only its believers – from building a house of worship in a particular area, is diametrically opposed to the moral principles that gave rise to our great nation and the constitutional protections that have sustained it.” This was a big applause line for the Harvard audience.
Returning to his litany of largely undisputed platitudes about freedom and tolerance, Bloomberg gratuitously invoked the 9/11 attack on New York and, even less relevantly, the 2013 Boston Marathon bombing. With no apparent irony, he called both these events attacks on “freedom and tolerance,” without giving a glimmer of the reasoning that led him to that conclusion. There’s little question the 9/11 attacks led, at least in the short term, to restricted freedom and tolerance in America (the Boston bombing, not so much, it seems). But he didn’t talk about that part of the story.
At the 8-minute mark he introduced the claim – the false perception, the ignorant assertion, the lie? – that would grab him headlines, claiming that at American universities in 2014, “the forces of repression appear to be stronger now, I think, than they have been since the 1950s.” He did not offer any supporting evidence for such a sweeping claim. The baseless idea of repressive colleges is currently part of the conventional wisdom and got hesitant applause (after Bloomberg said, “Yes, you can applaud”) from the Harvard crowd.
It got weird as Bloomberg plunged down a rabbit hole of history
In the next few amazing moments of his speech, Bloomberg tacitly admitted that he could – and should – know better than to repeat this right-wing talking point, at Harvard of all places. But he didn’t hesitate as he wove the falsehood further. He acknowledged, even as he minimized its scope, that:
McCarthy’s Red Scare destroyed thousands of lives…. But he was right about one thing: Ideas can be dangerous. They can change society. They can upend traditions. They can start revolutions. And that’s why throughout history, those in authority have tried to repress ideas that threaten their power, their religion, their ideology, or their reelection chances….
Repressing free expression is a natural human weakness, and it is up to us to fight it at every turn. Intolerance of ideas – whether liberal or conservative – is antithetical to individual rights and free societies, and it is no less antithetical to great universities and first-rate scholarship.
Now there is an idea floating around college campuses – including here at Harvard, I think – that scholars should be funded only if their work conforms to a particular view of justice. There’s a word for that idea: censorship. And it is just a modern form of McCarthyism.
Harvard sat politely as the speaker made stuff up
Bloomberg’s version of reality is insupportable as a description of contemporary America. It is insupportable as honest history. In a neat trick of rhetorical deceit, Bloomberg had reduced the state machinery of American repression to the machinations of one drunken senator and unnamed “others;” and he had falsely equated the police state apparatus of America in the 1950s and 1960s to “an idea floating around college campuses.” It doesn’t get much more Orwellian than that. And the Harvard gathering received it without an audible murmur.
Bloomberg didn’t argue that professors in America now must sign loyalty oaths as they did in the fifties. He didn’t argue that they are called before congressional committees to explain their political beliefs. He didn’t argue that academics are blacklisted, as they were then. He didn’t argue that the state prosecutes teachers and sends them to prison for their beliefs, not their actions, as the state did then. He didn’t argue that teachers are spied on by agents of the state or excommunicated by their institutions. He made no case whatsoever for the present national climate, or even just the academic climate, being in any meaningful way as threatening to freedom and tolerance as the state sponsored and private witch hunts of the Cold War.
Bloomberg didn’t make that argument because he can’t. There’s no serious evidence to support it. He can’t make that argument because it isn’t true. There is no assault on academia in any way similar to our earlier combined governmental and right-wing ideological effort to destroy academic freedom for the sake of intellectual conformity. The biggest such threat – and it’s miniscule – still comes from the right (Campus Watch, Daniel Pipes, Students for Academic Freedom, David Horowitz, the Dartmouth Review, and their ilk) as illustrated by the baseless accusations of Young Republicans at Santa Rosa Junior College in 2005.
A traditional right-wing trope supported with typical non-fact “fact”
Bloomberg echoed this longstanding right-wing refrain and added his own baseless charges. What was his first exhibit to demonstrate that “the forces of repression appear to be stronger now than they have been since the 1950” (an applause line, remember)? He reiterated this ex cathedra assertion and then proffered a supposed fact:
Today, on many college campuses, it is liberals trying to repress conservative ideas, even as conservative faculty members are at risk of becoming an endangered species. And perhaps nowhere is that more true than here in the Ivy League. [Applause]
In the 2012 presidential race, according to Federal Election Commission data, 96 percent of all campaign contributions from Ivy League faculty and employees went to Barack Obama. Ninety-six percent. [Light applause] There was more disagreement among the old Soviet Politburo than there is among Ivy League donors. [Scattered laughter]
Hearing such a preposterous argument, an intelligent audience might just walk out, or some of its members might at least shout a few critiques of the Bloomberg drivel along the lines of: “Contributing to a campaign isn’t the same as repressing ideas, Dr. B!” or “Your statistic is meaningless, bro!” or “Red baiting is so McCarthyite! And a Bloombergian cheap shot!”
Assuming the statistic is accurate in a Mark Twain sort of way, it is still meaningless. There is no inherent connection between a political donation and the way a teacher teaches. The statistical cohort here is a mix of “faculty and employees,” and we don’t know the proportions, so even if there were a teaching connection, we couldn’t measure it meaningfully. The ultimate meaninglessness of this statistic is its absent context: how many Ivy League faculty and employees are there? There must be thousands? How many gave? Are we talking about 96% of 50,000 or 5,000 or what?
Bloomberg’s bogus “fact” breaks down to nothing, or less
As it turns out, Bloomberg’s “fact” is a widely circulated right-wing talking point, a chestnut from the fall of 2012, circulated by the Daily Caller and other partisan outlets, as if it were meaningful in and of itself. It’s not. According to a “Campus Reform investigation,” there were 2,872 Obama and Romney donors from eight Ivy League schools. Of these, 112 Romney donors (3.9%) gave almost 10% of the total amount donated. Fewer than 3,000 Ivy League donors appears to be a very small percentage of all “Ivy League faculty and employees” as Bloomberg put it. Cornell says it has “more than 10,000 faculty and staff” (of whom 293, less than 3%, were political donors). Yale reports 4,171 faculty and 9,469 staff (13,640 total, of whom 412, or 3%, were political donors). According to Brown, it has 4,450 (including 1,223 faculty) employees (of these 130, less than 3%, were political donors). Not all the Ivy League schools have as easily accessible statistics, but the pattern so far is clear – Bloomberg’s got nothing, and he uses it dishonestly.
He talks about 96% of Ivy League donors supporting Obama, but doesn’t mention that that’s 96% of only 3% of his chosen Ivy League population. That’s literally next to nothing. What these numbers actually suggest is that 97% of all Ivy League faculty and employees gave NOTHING to Obama or Romney. Isn’t that evidence that these people are non-partisan? It’s hardly confirmation of Bloomberg’s frightening “forces of repression.” But the Harvard audience didn’t have the benefit of an instant fact check, which left Bloomberg free to double down on his lie:
When 96 percent of Ivy League donors prefer one candidate to another, you have to wonder whether students are being exposed to the diversity of views that a great university should offer.
The best enemy to have is an imaginary one
Having rhetorically established the straw man of widespread campus repression, Bloomberg went on for another 13 minutes defending institutions of higher education from this imaginary liberal attack. He did not mention any of the well-established, easily identified right-wing assailants of a liberal arts education and the intellectual freedom that makes it possible. Later he would say that “people don’t listen to facts that run counter to their ideology,” giving no hint that he understood just how well that applied to what he’d been saying.
He flattered Harvard for allowing a Colorado state senator to speak to the Harvard School of education despite objections. Bloomberg quoted a Harvard dean, saying of that incident, that “differences should be explored, debated, challenged, and questioned.” Neither of them noted that such engagement is exactly what cannot happen with a commencement speaker.
Bloomberg cited six other commencement flaps from the past two years, falsifying at least two and blaming “liberals” for all of them. He did not choose to address the substance of these conflicts. That would have meant engaging the speakers’ behavior that included using excessive force on peaceful protestors, promoting torture, lying the country into war, and applying economic depredations to impoverish millions of people around the world. These are not issues Bloomberg has ever much cared to address, certainly not at a commencement. Bloomberg was a quiet Republican in war and peace till 2007.
The public issues Bloomberg did choose to address were all Harvard audience-pleasers wrapped in smug and easy Washington-bashing. He took Congress to task for banning research into gun violence. He took South Carolina to task for writing the Bible version of evolution into law. And he mentioned climate change denial. He said, “On every issue, we must follow the evidence where it leads,” having just provided egregious examples of arguing from bias and falsehood. He said, “there is no easy time to say hard things,” as if he’d said anything both hard and true. He concluded by urging graduates to stand up for what they believe is right, “especially when it comes to defending the rights of others,” as if that were something he was known for.
What qualifies Bloomberg for an honorary Doctor of Laws award?
Harvard conferred on Michael Bloomberg an honorary Doctor of Laws, for being an entrepreneur, philanthropist, and former mayor of New York (he “helped our biggest burg to bloom”) and generously ignored Bloomberg’s more intimate and much uglier relation with the law. This is a guy with a net worth of $33 billion or so who has been happy to impinge on other people’s rights and freedoms:
Bloomberg had no problem bulldozing the law that would have barred him from running for a third term as mayor.
Bloomberg had no problem allowing his police department to bulldoze the rights of minorities with a stop and frisk policy that alienated neighborhoods, produced no significant benefits, and was eventually ruled illegal.
Bloomberg had no problem bulldozing the rights of all Americans with his support of the Patriot Act and other repressive legislation.
Bloomberg had no problem with official racial and religious profiling that bulldozed the rights of blacks, Hispanics, Muslims, and any other inconvenient minority that came along.
Bloomberg had no problem bulldozing the rights of American Muslims, using Red Squad tactics to spy on and infiltrate even out-of-state mosques.
Bloomberg had no problem with his police bulldozing the rights of peaceful demonstrators with violence and mass arrests during the 2004 Republican National Convention.
Bloomberg had no problem with his police bulldozing the rights of peaceful demonstrators with violence and mass arrests during Occupy Wall Street in 2012.
Bloomberg has had no problem using the threat of terrorism to bulldoze American freedoms: "The people who are worried about privacy have a legitimate worry, but we live in a complex world where you're going to have to have a level of security greater than you did back in the olden days, if you will ... our laws and our interpretation of the Constitution, I think, have to change."
So Harvard gives an honorary Doctor of Laws degree to this person who urges Harvard grads to defend the rights of others. Harvard still has a sense of humor.
William M. Boardman has over 40 years experience in theatre, radio, TV, print journalism, and non-fiction, including 20 years in the Vermont judiciary. He has received honors from Writers Guild of America, Corporation for Public Broadcasting, Vermont Life magazine, and an Emmy Award nomination from the Academy of Television Arts and Sciences.
Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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The Most Important Step Taken to Combat Climate Change in Our Country's History |
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Tuesday, 03 June 2014 14:52 |
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Gore writes: "Today's announcement by the Obama administration to reduce our nation's global warming pollution from power plants is the most important step taken to combat the climate crisis in our country's history."
Al Gore testifies on Capitol Hill before the Senate Foreign Relations Committee hearing on global climate change. (photo: Susan Walsh/AP)

The Most Important Step Taken to Combat Climate Change in Our Country's History
By Al Gore, Reader Supported News
03 June 14
oday's announcement by the Obama administration to reduce our nation's global warming pollution from power plants is the most important step taken to combat the climate crisis in our country's history.
We simply cannot continue to use the atmosphere as an open sewer for dirty and dangerous global warming pollution that endangers our health and makes storms, floods, mudslides and droughts much more dangerous and threatening -- not only in the future, but here and now. As with the connection between tobacco and lung cancer, special interests have vehemently denied the linkage between carbon emissions and the climate crisis. But the reality of global warming is now much more apparent and many more people are beginning to demand action. These same special interests now recognize that change is inevitable, but continue to trot out misleading and false claims to spread confusion and delay action for as long as they can. However, it is now clear that further inaction would be extremely dangerous and destructive for America and the rest of the world.
Fortunately, because of the innovation and hard work of America's businesses, scientists and engineers, we now have clean energy solutions that are way more efficient, economically competitive and more widely available than ever before. Solar and wind power are already cheaper than the old dirty sources of energy in many areas, and are getting cheaper every year -- the same way cellphones and computers did.
Following years of stronger and more frequent storms, unprecedented flooding and killer mudslides, widespread drought and spreading wildfires -- not to mention record-breaking heat waves, the need for bold action is obvious and urgent. President Obama has taken hold of the challenges we face through a series of critical actions, empowering the EPA to enforce limits on CO2 emissions for new power plants, accelerating the adoption of renewable energy and enforcing bold new standards for fuel economy, while continuing to raise awareness of the urgency of the climate crisis and reestablish American leadership on the global stage.
Solving the climate crisis will no doubt be difficult, but -- thanks to this action by President Obama and many others -- we are now in a position to put ourselves on the path to a sustainable future.
SEE ALSO: Elizabeth Kolbert | The Best Bad Climate Deal

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FOCUS | The Bergdahl Chronicles: Welcome Home, Creep |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>
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Tuesday, 03 June 2014 13:31 |
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Pierce writes: "Over at the intersection of Unemployable Boulevard and Legacy Hire Way, the kidz and their recess monitors are busily fashioning a yellow ribbon into a noose for Bowe Bergdahl, whom they congratulate for being home so that they can calumnize him, his family, his service, and the president who got him here."
Bowe Bergdahl. (photo: Esquire)

The Bergdahl Chronicles: Welcome Home, Creep
By Charles Pierce, Esquire
03 June 14
ver at the intersection of Unemployable Boulevard and Legacy Hire Way, the kidz and their recess monitors are busily fashioning a yellow ribbon into a noose for Bowe Bergdahl, whom they congratulate for being home so that they can calumnize him, his family, his service, and the president who got him here.
Here comes walking bowl of froth Andrew McCarthy, who has taken a break from looking for mullahs in the icebox to call for the president's impeachment for the crime of being black and acting like a president. Andy also has a book for you to bulk-buy...er...purchase, so you know where he's headed.
The problem in this instance, however, is two-fold. First, there is the now-familiar hypocrisy point. Throughout the Bush administration, when the president relied on his constitutional authority to override congressional restrictions on his wartime surveillance authority and control over enemy combatants, the Left, including then-Senator Obama and many of the lawyers now working in his administration, screamed bloody murder. Some even suggested that he should be impeached for violating the FISA statute. President Obama, of course, is now doing the same thing he and his allies previously condemned. As I contend in Faithless Execution, he is doing it far more sweepingly and systematically than Bush, whose statutory violations occurred in the context of his incontestable war powers and were strongly supported by judicial precedents.
The last sentence is the tell. If the current president, whom McCarthy would like to impeach, is doing the same things that his predecessor did, and his predecessor's "statutory violations" -- which is a nice way of saying, "crimes" -- were exercises in "incontestable war powers" and "strongly supported" by judicial precedents, then what's the problem? Are the "war powers" less "incontestable" because it is the current president who is exercising them? Are the precedents less valid? And if McCarthy is admitting that C-Plus Augustus "violated the FISA statute" -- which is a nice way of saying, "broke the law" -- then I believe we have reached the grand finale of the ongoing conservative effort to throw the Avignon Presidency completely overboard. But that's not the point Andrew has come here to make.
As I demonstrate in Faithless Execution, high crimes and misdemeanors are not primarily statutory offenses. They are the political wrongs of high public officials-the president, in particular-in whom great public trust is reposed. When the commander-in-chief replenishes the enemy at a time when (a) the enemy is still attacking our forces and (b) the commander-in-chief has hamstrung our forces with unconscionable combat rules-of-engagement that compromise their ability to defend themselves, that is a profound dereliction of duty.
This is the same nutty theory that Ann Coulter proposed as regards to Bill Clinton when she argued, in her mendacious study of the impeachment provisions of the Constitution, that George H.W. Bush theoretically could have been impeached for raising taxes after having promised in his acceptance speech that he would not. This is an attempt to add the grounds for impeachment the same "maladministration"offenses that were specifically rejected by the boys in Philadelphia, who realized that "maladministration" could mean almost anything, that it would render the president into little more than a prime minister, and that it essentially defined the grounds for impeachment as "we have the votes in the House Of Representatives to do anything." By McCarthy's standards, FDR could have been impeached for signing the agreement at Yalta, or LBJ for calling for a bombing halt in his farewell address, and let's not even mention Iran-Contra lest Andrew evaporate entirely.
But here are The Editors being complete chickenshits.
We're glad for Bergdahl and his family that he is coming home. But it is infuriating that he apparently set this whole travesty in motion by wandering off his base after becoming disillusioned with the war. Members of the American units that expended so much effort, and reportedly lost men, in the course of looking for Bergdahl are now speaking out in outrage. Once again relying on crudely simplistic administration talking points, as is her wont, national-security adviser Susan Rice said over the weekend that Bergdahl served with honor and distinction. All indications are that he did nothing of the sort.
This, of course, is all my bollocks. The Editors don't give a rat's ass about the Bergdahl family, except as grist for an ensemble tantrum. The rest of this is slander by adverb -- "apparently," "reportedly" -- and "all indications" is cheap camouflage. In any case, all of these questions will be answered by the Army's investigation into Bergdahl's conduct, which would not have been possible unless he was back here. If we're all lucky, the investigation will give us all another look into the consequences of America's adventure in Afghanistan, for which The Editors waved the pompons from a safe distance.
Nobody cheered more loudly than the actual editor of this longtime journal of white supremacy, Rich (Sparkle Pants) Lowry, who put his own name on piece arguing that none of us should be happy that Bergdahl's no longer in a cell.
All indications are that Bergdahl, traded for five top-level Taliban prisoners held at Guantanamo Bay, recklessly endangered himself and his colleagues after walking off his base on June 30, 2009. Then the military appears to have done everything it could to suppress the story of what had happened that day, while expending great effort to get him back.
"All indications" is back for another lap around the track. (All indications? Every one of the indications? Let's see what the investigation reveals.) And I'm not sure when Lowry started hating the troops the way he clearly does.
Bergdahl is a window. When the previous administration took us to war in Afghanistan, the voices of opposition were few and very far between. The previous administration then turned the war in Afghanistan into a sideshow of the war it really wanted, the war it had planned since before it took office, the criminal debacle in Iraq. The effort the previous administration put into the task of lying us into the war it wanted drained money, and energy, and attention away from the war that was (at least partly) forced upon it. The energy the previous administration put into trying to legitimize its criminal "statutory violations," as McCarthy would put it, and the energy the previous administration put into reversing centuries of American policies in areas such as torture, and the energy the previous administration put into covering it all up, drained money, and energy, and attention away from Afghanistan, which was as distant an outpost of the national administration as it was distant from the officials so hellbent on ignoring it. These were the days in which George W. Bush told us that he didn't spend much time thinking about Osama bin Laden, whose attacks on this country were used to justify the entire decade of crimes and bungling. The current president ran for the office he now holds based on the formulation that Iraq was the wrong war and Afghanistan was the right one. This was a debatable proposition, but at least it gave the war in Afghanistan a pride of place in the national mind that the Iraq-centered geopolitics of the previous administration had denied it.
Of course, even though Afghanistan had fallen out of the spotlight, Americans were still dying there. Americans were still living in a war zone, with all the physical and psychological peril that involved. There were still casualties of all sorts. Much of this damage, and many of these casualties were unique to the circumstances of that war in that place, as is the case in any war. (I remember sitting with my father and his friends, listening to them talking about World War II, and thinking how different the experiences seemed to be between the veterans of the European and Pacific theaters of what was the same war.) We have to confront the unique legacy of the war in Afghanistan and the unique legacy of the war in Iraq by acknowledging that the experiences of the men and women who fought there in many ways were unique to the places where they fought. We have to confront the unique legacy of the war in Afghanistan and the unique legacy of the war in Iraq by acknowledging, as a democratic self-governing people must, that we were taken to war in each different place for different reasons, with different impacts on the history of how we have governed ourselves, and how we will govern ourselves in the future. It is time for the American people to confront the war in Afghanistan not as a sideshow, and not as a theater in a fanciful "war on terror," but as a war we freely launched in a specific place at a specific time and for a specific purpose. We have ignored the unique circumstances of that war for far too long. The return of Bowe Bergdahl gives us a chance to begin that hard and serious work.

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FOCUS | What Excuse Remains Now for Obama's Failure to Close GITMO? |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>
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Tuesday, 03 June 2014 11:30 |
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Greenwald writes: "The excuse-making on behalf of President Obama has always found its most extreme form when it came time to explain why he failed to fulfill his oft-stated 2008 election promise to close Guantanamo."
Glenn Greenwald. (photo: Salon)

What Excuse Remains Now for Obama's Failure to Close GITMO?
By Glenn Greenwald, The Intercept
03 June 14
he excuse-making on behalf of President Obama has always found its most extreme form when it came time to explain why he failed to fulfill his oft-stated 2008 election promise to close Guantanamo. As I’ve documented many times, even the promise itself was misleading, as it became quickly apparent that Obama — even in the absence of congressional obstruction — did not intend to “close GITMO” at all but rather to re-locate it, maintaining its defining injustice of indefinite detention.
But the events of the last three days have obliterated the last remaining excuse. In order to secure the release of American POW Sgt. Bowe Bergdahl, the Obama administration agreed to release from Guantanamo five detainees allegedly affiliated with the Taliban. But as even stalwart Obama defenders such as Jeffery Toobin admit, Obama “clearly broke the law” by releasing those detainees without providing Congress the 30-day notice required by the 2014 defense authorization statute (law professor Jonathan Turley similarly observed that Obama’s lawbreaking here was clear and virtually undebatable).
The only conceivable legal argument to justify this release is if the Obama White House argues that the law does not and cannot bind them. As documented by MSNBC’s Adam Serwer - who acknowledges that “when it comes to the legality of the decision [critics] have a point” – Obama has suggested in the past when issuing signing statements that he does not recognize the validity of congressional restrictions on his power to release Guantanamo detainees because these are decisions assigned by the Constitution solely to the commander-in-chief (sound familiar?). Obama’s last signing statement concluded with this cryptic vow: “In the event that the restrictions on the transfer of Guantanamo detainees in sections 1034 and 1035 operate in a manner that violates constitutional separation of powers principles, my Administration will implement them in a manner that avoids the constitutional conflict.”
Both Serwer and a new Washington Post article this morning note the gross and obvious hypocrisy of Obama and his Democratic loyalists now using Article-II-über-alles signing statements to ignore congressionally enacted laws relating to the War on Terror. Quoting an expert on signing statements, the Post – referencing Obama’s Bush-era condemnation of signing statements — sums up much of the last six years of political events in the US: “Senator Obama had a very different view than President Obama.”
But the eagerness of many Democrats to radically change everything they claimed to believe as of January 20, 2009 is far too familiar and well-documented at this point to be worth spending much time on. Far more significant are the implications for Obama’s infamously unfulfilled pledge to close Guantanamo.
The sole excuse now offered by Democratic loyalists for this failure has been that Congress prevented him from closing the camp. But here, the Obama White House appears to be arguing that Congress lacks the authority to constrain the President’s power to release detainees when he wants. What other excuse is there for his clear violation of a law that requires 30-day notice to Congress before any detainees are released?
But once you take the position that Obama can override — i.e., ignore — Congressional restrictions on his power to release Guantanamo detainees, then what possible excuse is left for his failure to close the camp? As Jason Leopold notes in an astute article at Al Jazeera, this week’s episode “has led one human rights organization to question why the Obama administration has not acted to transfer dozens of other detainees who have been cleared for release for many years.” He added:
Raha Wala, an attorney with Human Rights First, told Al Jazeera if the administration can make the argument that the five Taliban detainees are transferrable “without any significant problems under the congressionally imposed transfer restrictions” then certainly “the same argument can be made for the detainees who have already been cleared for release.”
Obama defenders seem to have two choices here: either the president broke the law in releasing these five detainees, or Congress cannot bind the commander-in-chief’s power to transfer detainees when he wants, thus leaving Obama free to make those decisions himself. Which is it?

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