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Conservative Lawyers Urge Bush To Issue ‘Pre-Emptive Pardons’ To Officials Involved In Illegal Programs

bush.jpgThe New York Times reported this weekend that “[f]elons are asking President Bush for pardons and commutations at historic levels as he nears his final months in office, a time when many other presidents have granted a flurry of clemency requests.” However the Times noted that despite commuting Scooter Libby’s prison sentence, applicants “should expect to be disappointed” because Bush “has made little use of his clemency power” compared to past presidents.

Except perhaps if you participated in any illegal activity involving the Bush administration’s controversial counterterrorism programs. According to the Times, “several members of the conservative legal community” in Washington D.C. are urging Bush to issue “pre-emptive pardons” to those involved so as to “not be exposed even to the risk of an investigation and expensive legal bills”:

Such a pardon would reduce the risk that a future administration might undertake a criminal investigation of operatives or policy makers involved in programs that administration lawyers have said were legal but that critics say violated laws regarding torture and surveillance.

Some legal analysts said Mr. Bush might be reluctant to issue such pardons because they could be construed as an implicit admission of guilt. [...]

“The president should pre-empt any long-term investigations,” said Victoria Toensing, who was a Justice Department counterterrorism official in the Reagan administration. “If we don’t protect these people who are proceeding in good faith, no one will ever take chances.”

Stuart Taylor, Jr., a constitutional law fellow at Brookings, agrees, saying in a recent Newsweek column that investigations into the Bush administration’s “high level ‘war crimes’” are a “bad idea” and instead called for a “truth commission“:

A criminal investigation would only hinder efforts to determine the truth, and preclude any apologies. It would spur those who know the most to take the Fifth. Any prosecutions would also touch off years of partisan warfare. [...]

Absent pardons, pressure to go after GOP “war criminals” would make it very hard to unite Americans of all stripes behind solutions to the many economic and social challenges facing the country.

In fact, the conservative D.C. lawyer circuit may just get its wish. The White House “would not say whether the administration was considering pre-emptive pardons, nor whether it would rule them out.” (HT: Dan Froomkin)

Climate Progress

House GOP offers Americans false hope, failed policies, and eco-havoc — will the media bite?

I have received the text of an Alice-in-Wonderland memo (below) that House Republican leaders will circulate Tuesday on legislation they plan to offer. It claims:

To increase the supply American-made energy in environmentally sound ways, the legislation will:
* Open our deep water ocean resources, which will provide an additional 3 million barrels of oil per day;
* Open the Arctic coastal plain, which will provide an additional 1 million barrels of oil per day; and
* Allow development of our nation’s shale oil resources, which could provide an additional 2.5 million barrels of oil per day

First off, we opened the vast majority of our deep water ocean resources to drilling two years ago and oil prices doubled (see “Offshore drilling raises oil prices*“).

Second, according to the Bush administration’s own energy analysts ending the federal moratorium on coastal drilling would add perhaps 150,000 barrels of oil per day in the 2020s and have no impact on prices through 2030, unless, as seems likely, California blocks drilling off its coast, in which case it would add well under 100,000 barrels of oil per day in the 2020s (see “The cruel offshore-drilling hoax“).

Third, opening up the “Arctic coastal plain” (GOP-speak for Arctic National Wildlife Refuge) would also have no impact on prices, according to the Bush administration’s own energy analysts (see “Opening ANWR cuts gas prices TWO cents in 2025“).

Fourth, you can’t develop U.S. shale in environmentally sound ways (see Senate GOP: “balance” = climate-destroying shale, RNC: “balance” = “a climate in crisis”).

Read more

Politics

Dallas Morning News: Bush must reveal names of library donors.

Earlier this month, Stephen Payne, one President Bush’s Homeland Security aides, was caught offering high-level access to Bush administration officials for donations to the Bush presidential library which is set to be housed at Southern Methodist University in Dallas. This morning, the Dallas Morning News, citing Payne’s story, called on Bush to reveal the names of those who donate to his library:

Even so, [Payne's] willingness to peddle influence is another example of why transparency needs to be an integral ingredient of the library, particularly in regard to who supports it so questions of quid pro quo don’t surround the work.

For reasons we still don’t understand, the president hasn’t taken this approach and remains opposed to legislation that would require presidential libraries to reveal their donors.

In February, Bush said of his donors, “There’s some people who like to give and don’t particularly want their names disclosed.”

Climate Progress

Big Oil Stooge Glenn Beck Taking Over Larry King Live Tonight

Glenn BeckThe Think Progress mothership reports that Glenn Beck “will guest-host CNN’s Larry King Live tonight,” the same time his 7 PM CNN Headline News show repeats. This means:

In inviting Beck to host Larry King, CNN is granting Beck a monopoly over its programming for a full prime-time hour. Counting scheduled replays of both programs, Beck will be on air for a total of eight hours between 7 PM tonight and 7 AM tomorrow morning — a full third of the two networks’ combined airtime.

Beck is one of the most notorious Big Oil apologists and global warming deniers in mainstream media today, famed for his bizarre anti-polar-bear fetish.

More substantively, in just the past few months Beck has:

– Falsely claimed that “global warming now looks like it’s going to be on hold for ten years.”

– Described the disastrous coal-to-liquid gasoline technology as “good for the nation.”

– Told America to “Be thankful for big oil.”

– Promoted false smears against former Vice President Al Gore.

Beck’s ranting against reality is consistent with his right-wing worldview. Check out Think Progress to review Beck’s sorry history of racist, sexist, and bigoted remarks.

Politics

15 percent of women in the military test positive for sexual trauma.

New AP story reports on the troubling incidents of sexual assault and harassment of women in the military:

Of the women veterans from Iraq and Afghanistan who have walked into a VA facility, 15 percent have screened positive for military sexual trauma, The Associated Press has learned. That means they indicated that while on active duty they were sexually assaulted, raped, or were sexually harassed, receiving repeated unsolicited verbal or physical contact of a sexual nature.

Roughly 180,000 women have been deployed to Iraq and Afghanistan, and last year, the Department of Veterans Affairs (VA) “treated more than 255,000 female veterans. The number is expected to double within five years.”

Yglesias

The Superphone

It seems that one of Gordon Brown’s aides was caught in a “honeytrap” and let a Chinese spy steal his Blackberry. Fair enough. But this doesn’t have the ring of truth to it at all:

Experts say that even if the aide’s device did not contain anything top secret, it might enable a hostile intelligence service to hack into the Downing Street server, potentially gaining access to No 10’s e-mail traffic and text messages.

Can’t the owner just report the phone stolen and have the service canceled? And why would a Blackberry let you do that anyway? This particular case aside, it seems to me more broadly that a certain set of people is taking advantage of low levels of tech literacy among certain elements of the western security services to make a lot of money by hyping up fake cybersecurity problems. It’s true that Chinese encryption-breaking skills play an important role in Neuromancer but that doesn’t make this a real problem.

Media

O’Reilly Attacks Gore For Attending Netroots Nation: ‘The Same As If He Stepped Into The Klan Gathering’

oreilly.jpgOn Saturday, former Vice President Al Gore made a surprise appearance at the Netroots Nation convention in Austin, TX. In his speech, Gore praised the gathering of progressives, saying that they are part of an effort to “reclaim the integrity of American democracy.”

While the attendees of Netroots Nation received Gore with enthusiasm, his appearance has caused Fox News’s Bill O’Reilly to declare that Gore has “gone off the deep end.”

On his radio show today, O’Reilly claimed that Gore was now associating himself with the most “hateful group in the country.” “And I’m including the Nazis and the Klan in here,” said O’Reilly.” He then claimed that attending Netroots Nation was “the same as if he stepped into the Klan gathering”:

O’REILLY: Al Gore now is done. He’s done. Ok. He is not a man of respect, he doesn’t have any judgment. The fact that he went to this thing is the same as if he stepped into the Klan gathering. It’s the same. No difference. None. K, he loses all credibility with me. All credibility.

Listen here:

It’s no surprise that O’Reilly is attacking Netroots Nation given his previous verbal assaults on its predecessor YearlyKos. Before the YearlyKos conference last year, O’Reilly compared it to “a David Duke convention.”

But O’Reilly exposes the hyperbolic shallowness of his name calling when he claims that “these Daily Kos people” are worse than “the Nazis and the Klan,” but then assures his audience that they won’t “come to your house and hurt you.”

Note to O’Reilly: The Nazis and the Klan actually hurt people.

Transcript: Read more

Security

What Will McCain Do Now?

maliki_2006.jpgWith the Iraqi government clarifying its call for U.S. troop withdrawals by 2010, there can no longer be any doubt that a strong Iraqi political consensus exists in favor of the U.S. leaving sooner, rather than later.

Needless to say, all of this puts John McCain in a very tough position. Having staked out a firm — some might even say obsessive — position against any sort of timetable, McCain now finds himself clearly at odds with the stated position of a government he supported spending over $600 billion and over 4000 American lives to install.

So the question is: What will McCain do now? His plan for ending the Iraq war consists of little more than vague promises of victory ponies, and he has offered no substantive plan for withdrawal, nor offered any broader vision for U.S. national security policy in the Middle East beyond the relentless application of military force against an undifferentiated Islamofascist threat. He has bet his entire candidacy upon the argument that he is better able to conduct a war that a majority of Americans and Iraqis have now made clear that they want ended. Not pursued until John McCain’s personal sense of honor has been satisfied, but ended.

Unfortunately, when confronted with reality this morning on NBC’s Today, McCain took the same approach as he did in a July 8 interview, which was to deny that the Iraqis had said what the Iraqis had in fact said:

Q: Senator Obama’s timetable of removing U.S. troops from Iraq within that 16-month period seemed to be getting a thumbs up by the Iraqi prime minister when he called it ‘the right timeframe for a withdrawal.’ He has backed off that somewhat, but the Iraqis have not stopped using the word timetable, so if the Iraqi government were to say — if you were President — we want a timetable for troops being to removed, would you agree with that?

MCCAIN: I have been there too many times. I’ve met too many times with him, and I know what they want. They want it based on conditions and of course they would like to have us out, that’s what happens when you win wars, you leave. We may have a residual presence there as even Senator Obama has admitted. But the fact is that it should be — the agreement between Prime Minister Maliki, the Iraqi government and the United states is it will be based on conditions. This is a great success, but it’s fragile, and could be reversed very easily. I think we should trust the word of General Petraeus who has orchestrated this dramatic turnaround.

I don’t think I’ve seen dancing this bad since my one and only Dead concert. Having promised in the past to respect Iraqi sovereignty, McCain now obsessively insists that the American withdrawal “will be based on conditions,” but seems unable or unwilling to understand that the overwhelming opposition of Iraqis to the U.S. presence in their country is an important “condition” in this regard. Recognizing this reality is an important first step for McCain. Then he can tell the American people what he plans to do about it. Assuming, of course, that he has any idea.

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