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Rahm Emanuel: The "Murder Mayor" Print
Monday, 17 June 2013 12:44

Guarino writes: "Emanuel faces scrutiny from groups Daley never alienated: public sector unions, liberal progressives and minority coalitions on the city's South and West side."

Chicago's Mayor Rahm Emanuel. (photo: unknown)
Chicago's Mayor Rahm Emanuel. (photo: unknown)


Rahm Emanuel: The "Murder Mayor"

By Mark Guarino, Salon

17 June 13

 

hicago Mayor Rahm Emanuel cakewalked into office, from his former position as the White House chief of staff to President Obama, to succeed the two-decade reign of Richard M. Daley. Like Daley, Emanuel faced weak opponents who grumbled at his supersize war chest, thickly padded by financiers from Hollywood to Wall Street. But unlike Daley, Emanuel promised two things Chicagoans do not hear often: pledges for more government transparency, and to make "tough choices" to fix the city's ballooning budget deficit.

Now, midway into his inaugural term, the honeymoon is over. Emanuel faces scrutiny from groups Daley never alienated: public sector unions, liberal progressives and minority coalitions on the city's South and West side. Since his election, Emanuel's approval numbers started dropping, and some are charging him as racist - a "murder mayor" deaf to the marginalized swaths of Chicago suffering from escalating street violence, inadequate transit and the largest mass school closing in U.S. history. While he reigns as mayor in a city traditionally ruled by Democrats, many consider him a Republican in donkey blue clothing, who, like Wisconsin Gov. Scott Walker (R), swept into office and immediately hauled out the budget cleaver.

"Daley didn't make enemies of labor unions, but now, the police, the fire, everybody essentially is now in opposition to Rahm and that didn't have to happen," says Dick Simpson, a former Chicago alderman who now teaches political science at the University of Illinois at Chicago.

To the surprise of no one familiar with his Washington reputation, many see the mayor as combative, refusing to take public input seriously, and allied so closely to his tight pool of corporate benefactors that the nickname "Mayor 1%" and Twitter hashtag #OneTermMayor have gone viral. Even some members of his party - a tribe that rarely breaks ranks - are scratching their heads in public. Most notable: Cook County board president Toni Preckwinkle, who told the Chicago Reader two weeks ago that his decision to close so many schools was "a terrible idea" and "demoralizing."

"The closings are going to take place almost entirely within the African-American community, and given the problems we already have with violence, I think it's very problematic," she said.

In any other city, the insurgency might suggest Emanuel's chances for reelection are in trouble, especially with two more years of drumbeating by his opponents. But this is Chicago, where term limits go to die, and where incumbents luxuriate in the home rule advantage.

Still, a Chicago Tribune/WGN-TV poll from early May shows a growing unrest. On the bright side, a healthy 50 percent of Chicago voters still approve of his job performance versus 40 percent who disapprove. But, a year ago, those numbers were 52-29. And among black voters, the problems are more acute. Just 40 percent approve of his performance while 48 percent disapprove; last year, that disparity was the other way around, at 44-33.

The numbers reflect the many confrontations Emanuel has faced these past two years: his proposal to reduce public library hours and staff; a contentious teacher strike that was the city's first in 25 years; escalating gun violence that entered national headlines since last summer; a five-month renovation project that will shut down a major transit line on the South Side, primarily affecting black commuters; lackluster efforts to better the city's unemployment rate that remains above 10 percent; and conflicting agendas on spending priorities, like the controversial announcement that 50 public schools will be shuttered in the city's neediest neighborhoods to help shore up funds. That announcement happened to come the same week as another to spend $300 million in public money to build a new basketball arena and renovate Navy Pier, projects Emanuel promises will create 10,000 construction jobs, but others are calling white elephants in the making.

"He's been an excellent CEO, he gives orders and things happen," says Dick Simpson, a former Chicago alderman who now teaches political science at the University of Illinois at Chicago. "His weakness is that he's not so good on democracy."

In his campaign for mayor, Emanuel was scrutinized by his opponents as not being "from Chicago," a technicality that his legal team ultimately dismantled, but a contention that still lingers as the mayor strives to show that he feels the pain of his constituents, even if a growing number may not fully believe he feels as sharp a sting.

Example: Daley left office on the heels of a $1.15 billion privatization deal involving selling the city's 36,000 parking meters to a consortium owned, in part, by Morgan Stanley. The deal was not only later debunked as a financial catastrophe for the city - the city's inspector general later said it was valued for $974 million more - but one that became a hot button issue for residents, as it cost them nearly triple to park on city streets, and made parking costly in some neighborhoods where meters previously didn't exist. Since day one in office, Emanuel made it clear he understood the political liability of not doing something to rectify the situation. But critics say what he is proposing feels shaky.

After Morgan Stanley delivered the city a bill for an extra $49 million in fees - it turns out few city council alderman read the fine print that mentioned being charged for lost revenue from street festivals or disabled parking - Emanuel is proposing a new deal that once again made Sunday parking free, in exchange for allowing the company to extend parking hours, up to 10 p.m., in some neighborhoods. Emanuel's talking point for selling the swap is "trying to make a little lemonade out of a big lemon." But many aldermen, spurred by local media reports that Emanuel's numbers were flawed - and worried their constituents will run them out of town on a rail - are demanding hard data from city hall to determine if, indeed, the numbers add up in their favor.

It doesn't look good: A recent Tribune analysis concluded that Morgan Stanley would actually reap more under Emanuel's new deal, to the tune of $517 million in additional revenue above meter fees. John Arena, a freshman alderman in the city's 45th Ward, has been one of the few in the city council to demand accountability for the new deal, and he says the parking meter fight is an example of the mayor not coming clean about whose side he's ultimately on.

"Transparency is the one thing the mayor was very vocal about in his campaign, and that's been something he's not fully lived up to," Arena says. "Of course, when you're in power, some of those promises may change, but my point of view is, transparency is more important now after the Daley years when it was a very closed circle of confidants and advisers and it's led us into a bad place."

Politically, the swap has the potential to test the patience of an electorate that the Tribune/WGN-TV poll shows is already on the wane: 52 percent of voters believe Emanuel has not kept his campaign pledge to rid government of insider deals, an increase from 39 percent last year.

If there is a legacy issue that may determine whether Emanuel's reform agenda is best for Chicago, or a debacle in the making, it's likely his decision in May to permanently shutter 50 public schools. Among his top reasons why: The school district must close its $1 billion deficit and the number of schools is disproportionate to the district's population loss.

Again, many dispute his data. Between 2000 and 2013, the city says it lost 145,000 students according to census data, an 18 percent drop; however, school enrollment dropped much less, just 6 percent. Also, the $1 billion in savings the city says it will generate from the school closings is not likely to happen considering the district admits that the majority of that money will get redirected into the receiving schools as capital investments - which means the budgetary nightmare will still remain as frightful.

"The numbers are certainly going to be debated because we have different resources coming up with different data and that certainly is going to fuel both the defense and the distrust that some are feeling the system is putting forward," says Steve Tozer, a professor of education and director of the Center for Urban Education Leadership at the University of Illinois at Chicago.

While Tozer agrees with Emanuel that the school district is woefully underfunded by the state, he says that Emanuel's solution to close so many schools was unusually bold, given that he could have looked elsewhere for deep cuts - such as programs, personnel or operating costs.

"Any time you're talking about closing even 10 percent of schools in any district, that's pretty significant. No doubt this is going to be deeply disruptive," he says.

Politically, the situation is disastrous, and some are (perhaps wishfully) taking it as the first real sign of vulnerability for his reelection chances. The Chicago Teachers Union is already spearheading a registration drive to turn a constituency that is already against the mayor into voters, and union president Karen Lewis labeled Emanuel "the murder mayor" because of all his cuts to vital services. Multiple lawsuits are also pending from families and the union who both say the mayor is violating the civil rights of special needs children and those living in poorer, marginalized neighborhoods. They say the closures are really a veiled attempt to weaken the union and expand the privatized charter school system.

No matter who wins the public relations war, the fight is ultimately rooted in how Chicago governance operates. On paper, the school board is an independent body, armed with the power to bypass city hall politics and do what it perceives as right for the children - even if it means raising taxes, which the board also has the right to do.

But this is Chicago. And no sitting mayor is going to let a group of appointee hacks stifle his chances at reelection. Which means that although the school district is in a separate building, operates under different rules, and is chartered to serve the children first, the reality is that, under Emanuel, the board is a politicized body that serves at his bidding.

"Chicago Public Schools pays a lot of money for benefits for board members and salaries for public administrators whose real job seems to be answering the phone when city hall calls and try to find a way to implement the dictated policy. They're not setting the agenda so far as following the agenda," says David Morrison, acting director of the Illinois Campaign for Political Reform, an advocacy group. "They don't seem to play an independent role, so why are they there? Again, it comes back to the control that the fifth floor mayor's office has."

Business leaders are more forgiving of Emanuel's no-nonsense style because they perceive him as a strong leader emboldened to do whatever it takes to drag Chicago out of the red, and develop long-term strategies to curb its financial crisis. Summing up this perspective is a quote by United Airlines CEO Jeff Smisek, in a current Time magazine cover story on the mayor, who described Emanuel as "just what the doctor ordered."

Lawrence Msall agrees. As president of the Civic Federation, a government research organization in Chicago, Msall says Emanuel "has begun a lot of the heavy lifting that's been needed in Chicago," considering it faces a financial crisis largely compounded, he says, by an unfunded liability of $32 billion in the 10 Chicago-area public employee pension funds.

Msall blames much of the bungling of deals like the parking meters, not on the mayor's office, but on the city council - which he says is too big, and lacks the authority to effectively analyze complicated financial legislation. The solution, he proposes, is an Office of Independent Budget Analysis that will vet all contracts and provide the council the analysis needed to make smart budgetary decisions.

So far, Msall says Emanuel is showing he is serious about confronting areas Daley hesitated to touch. One example is his plan to phase out the city's subsidy of retiree healthcare by 2017 and moving the coverage under the Affordable Care Act.

"Whether we have any money for more government services, it is directly related to these legacy issues of unfunded pensions and other areas that continue to put financial pressure on the city," Msall says. "That's why a strong leader like Mayor Emanuel is attractive in dealing with the issues that were avoided or viewed as unworkable."

Whatever its merit, this kind of talk is unusual in Chicago, where Republican challengers are extinct and mayors have traditionally maintained power through their patronage armies - which have consisted mainly of city workers and unions, the same groups that complain they are feeling the squeeze under Emanuel.

But in recent years, the Democratic Party in Chicago has operated much differently from its counterparts in other cities. Having zero opposition from Republicans has allowed it to adopt some core Republican principles, and push back harder against traditional constituent groups without fear of retaliation. In essence, this hybrid Chicago boss - corporate-friendly and anti-union, but progressive on traditional social issues like gay marriage - seems to thrive here, making it quite difficult for a serious challenger to rise up, either from the corporate sector or among the progressives, and pose a serious threat.

"So there is this remarkable void on the left and the right, which allows mayors like Emanuel and Daley to steer this middle of the road course. There isn't much of a risk, even if Emanuel is seen as broadly unpopular," says Larry Bennett, a political scientist at DePaul University in Chicago. "Chicago has been a one-party city for so long that there's very little infrastructure for running against an incumbent."

Indeed, while more in his party feel emboldened to publicly criticize Emanuel than they had Daley, none are likely to mount a serious campaign to knock him out of his seat in two years. One reason is political: He still rules what remains a rubber stamp council. The second is money: He has way more than they ever will see in their lifetime. The third is time: For progressives, a traditionally unorganized group, two years to coalesce into a political majority is slim to none.

"You can't be somebody with nobody. You have to have a viable candidate and they have to have a movement behind them and some fundraising capacity," Simpson says. "Most aldermen aren't there yet."

Still, while Emanuel's war chest may ensure his political future, money can't buy him love. "Daley had a charm to him that endeared him to residents of Chicago, even though he was making decisions that hurt their interests," Arena says.

"But Rahm is different. He wants to squeeze. But the problem is, the more you squeeze, the more things run through your fingers. That's going to be a challenge for him. You have to keep the city. The city has to love you."


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The Snowden Principle Print
Sunday, 16 June 2013 12:40

Cusack writes: "At the heart of Edward Snowden's decision to expose the NSA's massive phone and Internet spying programs was a fundamental belief in the people's right-to-know."

Edward Snowden and Bradley Manning. (photo: New Republic)
Edward Snowden and Bradley Manning. (photo: New Republic)



The Snowden Principle

By John Cusack, Reader Supported News

16 June 13

 

t the heart of Edward Snowden's decision to expose the NSA's massive phone and Internet spying programs was a fundamental belief in the people's right-to-know. "My sole motive is to inform the public as to that which is done in their name and that which is done against them," he said in an interview with the Guardian.

From the State's point of view, he's committed a crime. From his point of view, and the view of many others, he has sacrificed for the greater good because he knows people have the right to know what the government is doing in their name. And legal, or not, he saw what the government was doing as a crime against the people and our rights.

For the sake of argument -- This should be called The Snowden Principle.

When The Snowden Principle is invoked and revelations of this magnitude are revealed; it is always met with predictable establishment blowback from the red and blue elites of state power. Those in charge are prone to hysteria and engage in character assassination, as are many in the establishment press that have been co-opted by government access . When The Snowden Principle is evoked the fix is always in and instead of looking at the wrongdoing exposed, they parrot the government position no matter what the facts

The Snowden Principle just cannot be tolerated...

Even mental illness is pondered as a possible reason that these pariahs would insist on the public's right to know at the highest personal costs to their lives and the destruction of their good names. The public's right to know---This is the treason. The utter corruption, the crime.

But as law professor Jonathan Turley reminds us, a lie told by everyone is not the truth. "The Republican and Democratic parties have achieved a bipartisan purpose in uniting against the public's need to know about massive surveillance programs and the need to redefine privacy in a more surveillance friendly image," he wrote recently.

We can watch as The Snowden Principle is predictably followed in the reaction from many of the fourth estate - who serve at the pleasure of the king.

Mika Brzezinski on MSNBC suggests that Glenn Greenwald's coverage was "misleading" and said he was too "close to the story." Snowden was no whistleblower, and Glenn was no journalist she suggests.

Jeffrey Toobin, at the New Yorker, calls Snowden "a grandiose narcissist who deserves to be in prison."

Another journalist, Willard Foxton, asserted that Glenn Greenwald amounted to the leader of a "creepy cult."

David Brooks of the New York Times accuses Snowden- not the Gov--of betraying everything from the Constitution to all American privacy ...

Michael Grunwald of TIME seems to suggest that that if you are against the NSA spying program you want to make America less safe.

Then there's Richard Cohen at the Washington Post, who as Gawker points out, almost seems to be arguing that a journalist's job is to keep government secrets not actually report on them.

The Snowden Principle makes for some tortured logic.

The government's reaction has been even worse. Senators have called Snowden a "traitor," the authorities claim they're going to treat his case as espionage. Rep. Peter King outrageously called for the prosecution of Glenn Greenwald for exercising his basic First Amendment rights. Attacks like this are precisely the reason I joined the Freedom of the Press Foundation board (where Glenn Greenwald and Laura Poitras also serve as board members)

As Chris Hedges rightly pointed out, this cuts to the heart of one of the most important questions in a democracy: will we have an independent free press that reports on government crimes and serves the public's right to know?

It cannot be criminal to report a crime or an abuse of power. Freedom of the Press Foundation co-founder Daniel Ellsberg argues that Snowden's leaks could be a tipping point in America. This week he wrote "there has not been in American history a more important leak than Edward Snowden's release of NSA material," including his own leak of the Pentagon Papers.

The Snowden Principle, and that fire that inspired him to take unimaginable risks, is fundamentally about fostering an informed and engaged public. The Constitution embraces that idea. Mr. Snowden says his motivation was to expose crimes -spark a debate, and let the public know of secret policies he could not in good conscience ignore - whether you agree with his tactics or not, that debate has begun. Now, we are faced with a choice, we can embrace the debate or we can try to shut the debate down and maintain the status quo.

If these policies are just, then debate them in sunlight. If we believe the debate for transparency is worth having we need to demand it. Snowden said it well, "You can't wait around for someone else to act."

Within hours of the NSA's leaks, a massive coalition of groups came together to plan an international campaign to oppose and fix the NSA spying regime. You can join them here - I already did. The groups span across the political spectrum, from Dick Armey's FreedomWorks to the Progressive Change Campaign Committee and longtime civil rights groups like ACLU, Electronic Frontier Foundation and Free Press.

As more people find out about these abuses, the outrage mounts and the debate expands. Many in the mainstream media have shown that the public can't count on them to stand up to internal pressure when The Snowden Principle is evoked to serve the national interest, and protect our core fundamental rights.

The questions The Snowden Principle raises when evoked will not go away....How long do they expect rational people to accept using the word "terror" to justify and excuse ever expanding executive and state power ? Why are so many in our government and press and intellectual class so afraid of an informed public? Why are they so afraid of a Free Press and the people's right to know?

It's the government's obligation to keep us safe while protecting our constitution . To suggest it's one or the other is simply wrong.

Professor Turley issues us a dire warning:

"In his press conference, Obama repeated the siren call of all authoritarian figures throughout history: while these powers are great, our motives are benign. So there you have it. The government is promising to better protect you if you just surrender this last measure of privacy. Perhaps it is time. After all, it was Benjamin Franklin who warned that "those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety."

See what's happened already in the short time only because the PRISM program was made public, here.

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Snowden's Worst Fear Has Not Been Realised - Thankfully Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7181"><span class="small">Glenn Greenwald, Guardian UK</span></a>   
Sunday, 16 June 2013 08:33

Greenwald writes: "In my first substantive discussion with Edward Snowden, which took place via encrypted online chat, he told me he had only one fear. It was that the disclosures he was making, momentous though they were, would fail to trigger a worldwide debate."

Edward Snowden speaking to the South China Morning Post. (photo: South China Morning Post)
Edward Snowden speaking to the South China Morning Post. (photo: South China Morning Post)



Snowden's Worst Fear Has Not Been Realised - Thankfully

By Glenn Greenwald, Guardian UK

15 June 13

 

n my first substantive discussion with Edward Snowden, which took place via encrypted online chat, he told me he had only one fear. It was that the disclosures he was making, momentous though they were, would fail to trigger a worldwide debate because the public had already been taught to accept that they have no right to privacy in the digital age.

Snowden, at least in that regard, can rest easy. The fallout from the Guardian's first week of revelations is intense and growing.

If "whistleblowing" is defined as exposing secret government actions so as to inform the public about what they should know, to prompt debate, and to enable reform, then Snowden's actions are the classic case.

US polling data, by itself, demonstrates how powerfully these revelations have resonated. Despite a sustained demonization campaign against him from official Washington, a Time magazine poll found that 54% of Americans believe Snowden did "a good thing", while only 30% disagreed. That approval rating is higher than the one enjoyed by both Congress and President Obama.

While a majority nonetheless still believes he should be prosecuted, a plurality of Americans aged 18 to 34, who Time says are "showing far more support for Snowden's actions", do not. Other polls on Snowden have similar results, including a Reuters finding that more Americans see him as a "patriot" than a "traitor".

On the more important issue – the public's views of the NSA surveillance programs – the findings are even more encouraging from the perspective of reform. A Gallup poll last week found that more Americans disapprove (53%) than approve (37%) of the two NSA spying programs revealed last week by the Guardian.

As always with polling data, the results are far from conclusive or uniform. But they all unmistakably reveal that there is broad public discomfort with excessive government snooping and that the Snowden-enabled revelations were met with anything but the apathy he feared.

But, most importantly of all, the stories thus far published by the Guardian are already leading to concrete improvements in accountability and transparency. The ACLU quickly filed a lawsuit in federal court challenging the legality, including the constitutionality, of the NSA's collection of the phone records of all Americans. The US government must therefore now defend the legality of its previously secret surveillance program in open court.

These revelations have also had serious repercussions in Congress. The NSA and other national security state officials have been forced to appear several times already for harsh and hostile questioning before various committees.

To placate growing anger over having been kept in the dark and misled, the spying agency gave a private briefing to rank-and-file members of Congress about programs of which they had previously been unaware. Afterward, Democratic Rep Loretta Sanchez warned that the NSA programs revealed by the Guardian are just "the tip of the iceberg". She added: "I think it's just broader than most people even realize, and I think that's, in one way, what astounded most of us, too."

It is hardly surprising, then, that at least some lawmakers are appreciative rather than scornful of these disclosures. Democratic Sen Jon Tester was quite dismissive of the fear-mongering from national security state officials, telling MSNBC that "I don't see how [what Snowden did] compromises the security of this country whatsoever". He added that, despite being a member of the Homeland Security Committee, "quite frankly, it helps people like me become aware of a situation that I wasn't aware of before".

These stories have also already led to proposed legislative reforms. A group of bipartisan senators introduced a bill which, in their words, "would put an end to the 'secret law' governing controversial government surveillance programs" and "would require the Attorney General to declassify significant Foreign Intelligence Surveillance Court (FISC) opinions, allowing Americans to know how broad of a legal authority the government is claiming to spy on Americans under the Patriot Act and Foreign Intelligence Surveillance Act".

The disclosures also portend serious difficulties for the Director of National Intelligence, James Clapper, and NSA chief, Keith Alexander. As the Guardian documented last week, those officials have made claims to Congress – including that they do not collect data on millions of Americans and that they are unable to document the number of Americans who are spied upon – that are flatly contradicted by their own secret documents.

This led to one senator, Ron Wyden, issuing a harshly critical statement explaining that the Senate's oversight function "cannot be done responsibly if senators aren't getting straight answers to direct questions", and calling for "public hearings" to "address the recent disclosures and the American people have the right to expect straight answers from the intelligence leadership to the questions asked by their representatives".

One well-respected-in-Washington national security writer, Slate's centrist Fred Kaplan, has called for Clapper's firing. "It's hard," he wrote, "to have meaningful oversight when an official in charge of the program lies so blatantly in one of the rare open hearings on the subject."

The fallout is not confined to the US. It is global. Reuters this week reported that "German outrage over a US Internet spying program has broken out ahead of a visit by Barack Obama, with ministers demanding the president provide a full explanation when he lands in Berlin next week and one official likening the tactics to those of the East German Stasi."

Indeed, Viviane Reding, the EU's justice commissioner, has, in the words of the New York Times, "demanded in unusually sharp terms that the United States reveal what its intelligence is doing with personal information of Europeans gathered under the Prism surveillance program revealed last week". She is particularly insistent that EU citizens be given some way to find out whether their communications were intercepted by the NSA.

In the wake of the Guardian's articles, I heard from journalists and even government officials from around the world interested in learning the extent of the NSA's secret spying on the communications of their citizens. These stories have resonated globally, and will continue to do so, because the NSA's spying apparatus is designed to target the shared instruments used by human beings around the world to communicate with one another.

The purpose of whistleblowing is to expose secret and wrongful acts by those in power in order to enable reform. A key purpose of journalism is to provide an adversarial check on those who wield the greatest power by shining a light on what they do in the dark, and informing the public about those acts. Both purposes have been significantly advanced by the revelations thus far.

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Comparing Obama With Bush Is Easy - And Mostly Wrong Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=14128"><span class="small">Joe Conason, The National Memo</span></a>   
Sunday, 16 June 2013 08:31

Conason writes: "Nearly a dozen years after the passage of the PATRIOT Act - rushed through Congress in an atmosphere of fear and intimidation - informed debate over the balance between liberty and security is long overdue."

President Obama (left) and former President George W. Bush. (photo: unknown)
President Obama (left) and former President George W. Bush. (photo: unknown)



Comparing Obama With Bush Is Easy - And Mostly Wrong

By Joe Conason, The National Memo

16 June 13

 

early a dozen years after the passage of the PATRIOT Act - rushed through Congress in an atmosphere of fear and intimidation - informed debate over the balance between liberty and security is long overdue.  That includes a public examination of how widely and deeply the National Security Agency (and other elements of the "intelligence community") may monitor Americans' telecommunications without violating the Bill of Rights.

But that needed discussion isn't enhanced by hysteria or the partisan opportunism it encourages.  As others have noted already, the supposed revelation that the NSA is collecting metadata on telephone use in this country isn't exactly startling news. The fugitive ex-CIA contractor Edward Snowden, who leaked documents concerning that program to the London Guardian and the Washington Post, may yet unveil more startling revelations from his peculiar refuge in China. But anyone paying attention has known about this program since 2006, when USA Today first disclosed its existence.

The most important difference today is that Americans are no longer too frightened by the constant "terror alerts" of the Bush administration to consider the boundaries of surveillance and security.  Rather than hyping the terrorist threat, like George W. Bush and Dick Cheney, President Obama has repeatedly framed a calmer - if equally resolute - attitude toward Islamist extremism.

So while facile comparisons between the Obama and Bush administrations now appear every day in the media, they are quite misleading. Uttered by Republicans and their mouthpieces on Fox News, such arguments are hypocritical as well.

Consider the single most important surveillance controversy of the Bush era, namely the warrantless wiretapping undertaken on the president's orders. In December 2005, the New York Times revealed that Bush had authorized the NSA to monitor phone calls and emails originating in U.S. territory, without obtaining warrants as required by the Foreign Intelligence Surveillance Act, or FISA. (That's why it was called "warrantless.") For the first time since Watergate – and the intelligence reforms resulting from that true scandal - the U.S. government had eavesdropped on Americans' conversations without seeking the permission of a judge.

Only months before, Bush had claimed publicly that he was a steward of civil liberties and that his agents always got a court order before implementing a wiretap. But his administration had been using warrantless wiretaps ever since the 9/11 attacks.

Those trespasses against liberty went considerably further than the collection of metadata by the NSA.  No reports indicate that the Obama administration violated existing law to eavesdrop on any American - or listened to any calls without the sanction of the special FISA court.

Yet reaction to the recent stories about the NSA's policies has been far more intense than eight years ago. Pundits and politicians have compared Obama unfavorably with Richard Nixon, berating him as a tyrannical betrayer of civil liberties. A few prominent Republicans even seem determined to ruin the NSA, solely because they wish to embarrass the president – a motive that other Republicans attribute to Snowden, whom they vilify as a traitor.

Not a peep was heard from Republicans on Capitol Hill when Bush, his vice president Dick Cheney, and their lawyers were practicing and promoting the theory of the "unitary executive," under which any act ordered by the president in wartime, including warrantless wiretapping, is deemed inherently legal and exempt from judicial review. What exercised the Republicans in those days was the temerity of the Times in revealing what Bush had done.

As for Obama, the complicated truth is a mixed record on civil liberties. He tried and failed to close the prison at Guantánamo Bay, and he supported the renewal of the PATRIOT Act without changes. But he also substantially reformed the use of military commissions and abolished the use of torture, renditions, and secret prisons. In ending the wars in Iraq and Afghanistan, he has rejected the "permanent war" ideology, which the Bush regime deployed as a political weapon against dissent.

So far there is little evidence that Obama shares the dangerous theories of Bush and Cheney – but no president should enjoy the kind of exemption from congressional scrutiny that his predecessors exploited. Whatever Snowden's intentions may be, he has inspired members of Congress to provide stricter oversight of the government's gargantuan data-gathering efforts, which are inherently prone to overreach even under the most responsible supervision. At the very least, Congress and the public need to know how the government wields its powers under the PATRIOT Act – an interpretation that remains classified and thus precludes democratic oversight.

The president's response to that question will test his commitment to the Constitution he swore to uphold.

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Where Have All the Liberals Gone? Print
Saturday, 15 June 2013 12:29

Milbank writes: "With some exceptions, progressive lawmakers and the liberal commentariat have been passive and acquiescent toward the secret spying programs, which would have infuriated the left had they been the work of a Republican administration."

Even Nancy Pelosi is defending the NSA Surveillance program. (photo: AFP)
Even Nancy Pelosi is defending the NSA Surveillance program. (photo: AFP)



Where Have All the Liberals Gone?

By Dana Milbank, The Washington Post

15 June 13

 

here have all the liberals gone?

President Obama, who as a Democratic senator accused the Bush administration of violating civil liberties in the name of security, now vigorously defends his own administration's collection of Americans' phone records and Internet activities.

Senate Democratic leader Harry Reid said he thinks Congress has done sufficient intelligence oversight. His evidence? Opinion polls.

House Democratic leader Nancy Pelosi defended the programs' legality and said she wants Edward Snowden prosecuted for leaking details of the secret operations.

Dianne Feinstein (D-Calif.), chairwoman of the Senate intelligence committee, accused Snowden of treason and defended false testimony given to her committee by the director of national intelligence, who in March had denied the programs' existence.

With some exceptions, progressive lawmakers and the liberal commentariat have been passive and acquiescent toward the secret spying programs, which would have infuriated the left had they been the work of a Republican administration.

When libertarian Sen. Rand Paul (R-Ky.) introduced legislation last week to curb the surveillance powers, he had no co-sponsors. When he held a news conference this week to unveil a lawsuit claiming the surveillance is unconstitutional, five members of Congress joined him - all Republicans.

I kept looking for liberal dissent - and then, on Wednesday morning, the news wires reported that a group called Voice of Resistance was meeting outside the Capitol, where demonstrators would proclaim Snowden a hero and flog an effigy of Republican Rep. Peter King (N.Y.), one of the first to brand Snowden a traitor. I arrived at the appointed place and time but found no protest. Instead, there were six journalists and a lone demonstrator, who was wearing an antiabortion baseball cap. He told me the group was actually a right-wing outfit. "The others are parking the car," he explained, before turning the topic to Rush Limbaugh.

Polling this week by The Post and Pew Research Center produced discouraging evidence that Democrats have shed their suspicion of government overreach now that one of their own is in charge. Sixty-nine percent of Democrats say that terrorism investigations should trump privacy as the government's main concern, compared with 51?percent in 2006, when the Bush administration's warrantless wiretapping program had come to light. Then, 37?percent of Democrats found the NSA's actions acceptable, compared with 64?percent now. (Republicans went in the other direction, suddenly becoming more privacy-conscious.)

Certainly, there are differences between now and then. Today, the program operates under court supervision and has at least the veneer of congressional approval (the administration circumvents the law's requirement that only "relevant" records can be collected by claiming that all phone records of all Americans are relevant). And it remains to be seen whether Snowden is a true whistleblower or somebody who means his country harm.

Yet it is jarring to see the left so compliant now that the surveillance has been sanctioned by a Democratic president. Even if the programs ultimately prove defensible, isn't it worth finding out what they really are, before liberals accept a suspension of civil liberties they may come to regret?

The weakness of the liberals' argument for standing down was displayed by Reid, who assured reporters this week that Senate intelligence committee members "have done their very utmost, in my opinion, to conduct oversight. And that's why the American people, in polls - two polls that I saw today - support what is happening with trying to stop terrorists from doing bad things to us."

While Reid tests the political winds to determine which constitutional rights Americans should have, those who should be overseeing the program are instead defending it with a just-trust-me logic. Feinstein declared that "these programs are within the law." The top Democrat on the House intelligence committee, C.A. Dutch Ruppersberger (Md.), promised that "we're not violating any constitutional rights." Both said they'd like to see more about the program declassified, but their past efforts to produce more disclosure have been weak.

There are a few Democrats who have upheld the party's tradition of championing civil liberties - such as John Conyers (Mich.), who is introducing a bill with conservative Rep. Justin Amash (R-Mich.) to curtail the program, and Sen. Jeff Merkley (D-Ore.), who with Sen. Mike Lee (R-Utah) introduced legislation backed by eight senators requiring more disclosure of secret court rulings.

But the Conyers bill is likely to go nowhere in the House, and Reid was cool to the Merkley proposal, saying only that "I'll be happy to take a look."

If he does look, he'll find that they're doing what progressives should do: Protecting the people from a too-secretive government.

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