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White House seeks legal cover from Gonzales.

The New York Times reports that the White House is confidently asserting that any attempts by Congress to hold White House staffers in contempt will be stymied by Alberto Gonzales’ Justice Department:

“The Justice Department would be likely to block any efforts by Congressional Democrats to seek contempt charges against present and former White House officials for refusing to give information to Congress, a White House spokesman said Friday. [...]

A White House spokesman, Tony Fratto, said Congressional threats to have presidential aides charged with criminal contempt would probably end in failure. “It has been the Justice Department’s long-held view that the law does not permit Congress to require a U.S. attorney to convene a grand jury or otherwise pursue a prosecution” when someone refuses on the basis of executive privilege to testify or turn over documents, Mr. Fratto said.”

Climate Progress

The Independent blows the sea level rise story

sea-level.jpgSea levels may rise by 9 inches this century, scientists warn” reads the headline from the UK newspaper The Independent, reporting on a new Science magazine study (subs. req’d). You would probably surmise from this headline that the study predicted sea levels may rise by a mere 9 inches this century. But it didn’t.

The study predicted sea levels may rise by 9 inches the century just from the melting of inland glaciers and ice caps–not from either thermal expansion of the water or from dynamic destruction of either the Greenland or Antarctic ice sheets.

Actually, the story itself gets it mostly right — “This does not include the rise in sea levels caused by the thermal expansion of water, which could potentially double this figure.”

But the headline writer has insured that the vast majority of people who don’t read the story will think sea level rise this century is no big deal.

Interestingly, the authors of this study are quite confident the loss of inland ice will raise sea levels more this century than loss of ice from the great eye sheets — a very many, like Nasa’s James Hansen (who fears 17 feet of sea level rise or more by 2100), do not share.

So why did the recent U.N. report low-ball sea level rise this century?

Read more

Politics

Court rules against govt restrictions in detainee cases.

In a unanimous decision, the U.S. Court of Appeals for the District of Columbia Circuit “rejected the Bush administration’s plan to limit what judges and the detainees’ attorneys can review” when Guantanamo Bay detainees challenge their status as “enemy combatants.” “The court has resoundingly rejected the government’s effort to control the record and to limit an investigation into the truth,” said Sabin Willet, the attorney who argued the case for the detainees.

Politics

Who Is John D. Bates?

bates.jpgYesterday, federal district Judge John D. Bates “dismissed a lawsuit filed by former CIA officer Valerie Plame and her husband [Joe Wilson] against Vice President Cheney and other top officials over the Bush administration’s” retaliatory leak of Plame’s identity. Bates’s decision yesterday is in line with a long record of injecting his personal political agenda into the administration of law. Some other recent examples include:

- In August 2006, Bates “ruled that it was acceptable for the president to sign a bill that had not been passed by Congress.” A clerical error resulted in the President receiving a version of a law approved by only one half of Congress. Bates upheld the law, despite the President being warned of the error before signing the bill. [LINK]

– In December 2002, Bates protected the Bush administration by narrowly dismissing a lawsuit filled by the U.S. Comptroller General David M. Walker against Cheney. Walker “wanted Mr. Cheney to reveal the names of industry executives who helped the administration develop” its energy policy. Bates argued turning the records over to Walker “would hobble an administration’s essential, legitimate ability to receive frank information and advice.” [LINK]

– From September 1995 to March 1997, Bates served as Deputy Independent Counsel to Whitewater investigator Ken Starr. During that time, Bates wanted open access to what Sen. Pat Leahy called, the “dresser drawers of the White House.” At the time, Bates “successfully argued that the White House had to turn over documents related to then-first lady Hillary Clinton.” [LINK]

Furthermore, shortly after he was appointed to the FISA court, the Bush administration sought and received approval to continue its domestic spying program.

Ryan Powers

Yglesias

The Liberal-Franco-Islamo-Fascist-Marxist Menace

For someone who actually spent several years living in France, Mitt Romney is remarkably ignorant about the country if he really thinks Hillary Clinton is running on a platform that’s too left-wing to win an election there. He also called her a Marxist, demonstrating once again that Romney’s key strategy to winning the GOP nomination despite his moderate pre-campaign political profile is to say a lot of crazily dumb stuff.

In the rest of the article, we learn that president Romney will crack down on “child-sex predators” and loves torture. Perhaps the predators will be tortured. Except he doesn’t quite have the guts to say he embraces torture. Rather, he insisted that “enhanced interrogation . . . is not a euphemism for torture” which, of course, it clearly is.

Yglesias

Edwards and Obama on Poverty

Check out Ed Kilgore’s post on the contrasting approaches to fighting poverty that Barack Obama and John Edwards have outlined in recent days, “with the former arguing that some poor and isolated urban neighborhoods need to be broken up, and the latter arguing that they can be revitalized.” Ed connects this to a long-running debate in anti-poverty circles going at least as far back as the 1968 primary where RFK had a more Obama-ish view and Edwards a more McCarthy-ish one.

More broadly, this seems to reflect the difference between a community organizing background and a more detached, “let’s have some smart people study the problem” way of having approached the issue. In practice, though, this seems like the sort of subject where either candidate would wind up with a variety of different people working for them and end up espousing a mixed approach. What’s more, it’s not the 1960s and one assumes that any anti-poverty initiative will wind up heavily shaped by the views of influential members of congress who represent poor districts.

CORRECTION: I worded this backwards. It’s Obama who wants intensive re-investment in poor communities and Edwards who wants to give poor individuals opportunities to move into other areas.

Photo by Flickr user Ellie van Houtte used under a Creative Commons license

Yglesias

Friday Cat Blogging

jelly

Oh no! But, yes. This is Sara’s cat, Jelly. Jelly doesn’t like me very much, to be frank, preferring to flee to another room or hide under some furniture when I show up. Nor am I all that enthusiastic about the weird whining noise she likes to make early in the morning. That said, unlike seemingly everyone you meet (including lots of cat owners), I’m not at all allergic to cats, so I think they should like me. The picture comes, incidentally, from the iPhone, which has an okay camera for a phone but here at last is the feature where the lack of physical buttons really does bother me.

Security

Clinton, Kerry To Require Pentagon To Brief Congress On Redeployment Plans

clintonkerry1.jpg On May 23, Sen. Hillary Clinton (D-NY) sent a letter to Defense Secretary Robert Gates urging him to “prepare plans for the phased redeployment of U.S. forces.” She requested that the Pentagon provide congressional oversight committees with “briefings on what current contingency plans exist for the future withdrawal of U.S. forces from Iraq.”

Earlier this week, Clinton received a “biting reply” from Under Secretary of Defense Eric Edelman, who told Clinton, “Premature and public discussion of the withdrawal of U.S. forces from Iraq reinforces enemy propaganda.” In response, she today sent another letter to Gates renewing her request for a briefing “on current plans for the future withdrawal of U.S. forces from Iraq or an explanation for the decision not to engage in such planning.”

Today on a conference call with reporters, Clinton called Edelman’s response “offensive and totally inappropriate.” “I sent a serious request to the Secretary of Defense, and received a political response in return,” said Clinton.

Since the Pentagon is not willing to brief Congress, Clinton and Sen. John Kerry (D-MA) plan to introduce legislation mandating such a briefing. Clinton told reporters:

[The legislation will] require a report and briefing from the Pentagon on contingency planning. This is in direct response to the unacceptable response I’ve received. … If we don’t get a response from the Pentagon, we have no choice but to require the legislation to get the response. … We need to make sure we are smarter getting out of Iraq than we were getting into Iraq.

Clinton said that she believes there is “bipartisan support” for this legislation, adding that at a recent Senate Foreign Relations Committee hearing, Sen. Richard Lugar (R-IN) expressed concern about the lack of planning.

Kerry added that he expects the Pentagon to have a contingency plan for all situations, including “if the escalation of troops turns out to work” or “if there is a continuation of what we see today.”

Digg It!

Yglesias

The Unitary Executive

I’ve been turning the implications of the administration’s broad new view over in my head all day. I think to grasp how stunning this is, you need to listen to David Rivkin’s defense:

David B. Rifkin, who worked in the Justice Department and White House counsel’s office under presidents Ronald Reagan and George H.W. Bush, praised the position and said it is consistent with the idea of a “unitary executive.” In practical terms, he said, “U.S. attorneys are emanations of a president’s will.” And in constitutional terms, he said, “the president has decided, by virtue of invoking executive privilege, that is the correct policy for the entire executive branch.”

That makes a certain kind of sense, I suppose, and also offers an explanation as to the meaning of the “unitary executive” metaphor. The executive branch is, clearly, composed of many people. But it’s personified by a single president — the unitary executive. The US Attorneys who might serve a contempt citation are part of this executive. They can’t enforce rulings against the decisions of the head of that unitary executive because they are part of it. Here’s the relevant Richard Nixon interview with David Frost:

FROST: So what in a sense, you’re saying is that there are certain situations, and the Huston Plan or that part of it was one of them, where the president can decide that it’s in the best interests of the nation or something, and do something illegal.

NIXON: Well, when the president does it that means that it is not illegal.

FROST: By definition.

NIXON: Exactly. Exactly. If the president, for example, approves something because of the national security, or in this case because of a threat to internal peace and order of significant magnitude, then the president’s decision in that instance is one that enables those who carry it out, to carry it out without violating a law. Otherwise they’re in an impossible position.

It’s disturbing stuff. In an ideal world, enough GOP members of congress would be more jealous of their institutional powers than eager to back a co-partisan, and we’d see some veto-proof legislation getting passed to address this. I’m not optimistic.

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