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Kyl Falsely Claims Holder Doesn’t Support Patriot Act, Says He Shouldn’t Be AG If He’s Against Torture

070601_jonkyl.jpgConservatives, led by former Bush adviser Karl Rove, are hoping to use the upcoming confirmation hearing of Eric Holder, President-elect Obama’s nominee for Attorney General, to “lay down a marker” that will show they “they can remain relevant” after their electoral losses. Though GOP opposition is mainly focusing on Holder’s role in the pardon of Marc Rich, Senate Minority Whip Jon Kyl (R-AZ) claimed yesterday that Holder’s views on terrorism laws will be an issue too.

Speaking to right-wing radio host Hugh Hewitt, Kyl said that Holder had made “some very unfortunate statements about our interrogation” of terrorists, which made him think “he is not going to be supportive of the Patriot Act [and] the FISA law.” Kyl claimed this may be reason to oppose his nomination:

KYL: I think Eric Holder will have some problems. He has not been able to stand up to his bosses in the past, President Clinton when he wanted to do pardons that I think Holder must have realized were big mistakes but he facilitated. And he’s also made some very unfortunate statements about our interrogation of prisoners, terrorists, and other things that lead me to believe that he is not going to be supportive of the Patriot Act, the FISA law, and others. And if he can’t be supportive of those laws, then he shouldn’t be Attorney General.

Listen here:

Though it’s true that Holder has spoken out strongly against the excesses of the Bush administration, Kyl simply has his facts wrong about Holder’s position on the Patriot Act. In 2004, Holder told CNN that he doesn’t question “the need for the Patriot Act.” At the same time, Holder believes that enforcement of the law needs oversight:

HOLDER: I think in a lot of ways, the problem that I had with the enforcement of the act is that this administration said essentially trust us. We’re not going to involve judges, we’re not going to report to Congress on what we’re doing, and I think our history has shown us that we are best when we operate as people governed by the law as opposed to putting our trust in people and that’s the problem I have.

As for Holder’s views on FISA, he’s on the record opposing President Bush’s bypassing of the law, saying in June that he never thought he “would see that a President would act in direct defiance of Federal law by authorizing warentless NSA surveillance of American citizens.”

Apparently, Holder’s belief that “we are best when we operate as people governed by the law” is reason enough for Kyl to oppose Holder’s nomination to be the nation’s chief enforcer of the law.

Yglesias

The Costs of Ideological Correctness

In the United States, slavish adherence to “moderate” positions is often construed as exhibited “pragmatism” that’s in distinction to the more “ideological” views of people with less centrist views. In fact, moderation can reflect ideology ever bit as much as extremism can. I’ve had occasion to observe in the past that they best model for recapitalizing distressed financial institutions is provided by Sweden’s response to the early-1990s Nordic banking crisis. And nobody seems to seriously dispute that the Swedish model worked very well. But it’s too left-wing for the United States for basically reasons of ideological correctness.

Similarly, the Commonwealth Fund has a write-up of some Lewin Group analyses of different congressional health care bills. Here’s how much they do to expand coverage:

uninsured.png

Pete Stark’s bill, the most left-wing of the lot (it’s sort of a “Medicare for many more” proposal) covers the most people. And here’s their impact on health care costs:

cost.png

Stark’s is the best again. And yet there’s no chance whatsoever that we’ll actually do this because his plan, though the most practical, is also the most left-wing. Far too left-wing for the United States of America

Some folks, of course, will oppose the Stark plan because they’re right-wingers who don’t want to expand health care coverage. And some folks, will want to focus their energies on other, worse, plans because those plans have a better chance of passing. But what’s incredibly frustrating is that a lot of people who claim to want to change public policy to expand health care coverage and better control health care costs will nonetheless fail to embrace Stark’s plan or anything similar for no real reason other than ideological posturing. It just can’t be the case, as a matter of centrist dogma, that the best solution is actually the most left-wing solution. It’s a far more ideological stance than anything you’ll ever hear from Pete Stark or from me. But the people hewing to it will insist on being called pragmatists.

Politics

Lamar Alexander: ‘Coal is a dirty business.’

Before yesterday’s Senate hearing on the devastating Tennessee coal plant billion-gallon ash spill, Sen. Lamar Alexander (R-TN) admitted the truth about coal. Alexander told Knoxville’s WVLT-TV: “Coal is a dirty business.” Watch it:

By challenging the myth of “clean coal,” Alexander joins the likes of former Vice President and Tennessee senator Al Gore (“Clean coal’s like healthy cigarettes”), Sen. Harry Reid (“Coal makes us sick”) and Vice-President elect Joe Biden (“They’re killing you”). The Wonk Room has more on the coal ash spill Senate hearing.

Update

The Tennessean reports that there has been a second TVA spill, today’s occurring at the Widows Creek coal-burning power plant in northeastern Alabama. A “break in a pipe that removes water from the 147-acre gypsum pond” reportedly caused the leak, which resulted in “the spill of gypsum slurry at 10,000 gallons.” “Some materials flowed into Widows Creek, although most of the leakage remained in the settling pond,” said a TVA spokesman.

Yglesias

Phantom Renters

I’ve been observing for a while that for all the hype about people scoring big windfalls renting their apartments or houses out for inauguration week, there’s little evidence of people actually closing the deal on this kind of thing. Now The Washington Post takes a closer look and concludes: “The inaugural housing market has gone bust in record time.”

Security

After Defending Bush Admin Abuses, McConnell Appointed To Intel Advisory Board By Obama

This morning, President-elect Obama announced his selections for top intelligence posts including Leon Panetta for CIA Director and Dennis Blair for Director of National Intelligence (DNI). Surprisingly, Obama also announced that he would at least partially rely on the guidance of the current DNI, Mike McConnell. McConnell will “continue to offer his counsel through my Foreign Intelligence Advisory Board,” Obama said.

In some instances, McConnell has shown himself to be an independent actor, such as in the case of the 2007 NIE that found that Iran had halted its nuclear weapons program. In that case, McConnell resisted pressure from the White House to change the NIE’s conclusions. After the NIE’s release, McConnell actively pushed back against right-wing attacks on the intelligence community’s findings.

In other cases, however, McConnell has also been a key defender of some of the Bush administration’s most egregious violations of civil and human rights. Last night on Charlie Rose, for example, McConnell defended the Bush administration’s expanded use of extraordinary-rendition on enemy combatants. He claimed such renditions never resulted in torture:

ROSE: Let me just make one point. Some people believe that renditions are a way for Americans to send people that they want to interrogate to another place, where they will do interrogations that the Americans would not do themselves. … Including torture.

MCCONNELL: [T]hat is not consistent with our law, or our intent or our behavior. … And since 2001, until now, there have been fewer than 100 — fewer than 100 renditions. … Now, you used the word torture. I would not use that word. … I would use the word interrogation.

Watch it:

In fact, as Jane Mayer documented, McConnell cannot credibly argue that rendered terrorism suspects were not tortured. Mayer wrote for the New Yorker, “The most common destinations for rendered suspects are Egypt, Morocco, Syria, and Jordan, all of which have been cited for human-rights violations by the State Department, and are known to torture suspects.”

Human Rights Watch found that at lesat 14 individuals have been rendered to Jordan and placed in the custody the Jordanian intelligence service. The Jordanian government beat the detainees severely and threatened detainees with electrocution, dogs, and even rape. Rendered detainees are rarely charged with crimes and on several occasions have been cases of mistaken identity.

Climate Progress

Lamar Alexander: ‘Coal Is A Dirty Business’

Before yesterday’s Senate hearing on the devastating Tennessee coal plant billion-gallon ash spill, Sen. Lamar Alexander (R-TN) demolished the “clean coal” myth. Alexander told Knoxville’s WVLT-TV:

Coal is a dirty business.

Watch it:

Cleaning up the spill is estimated to take over $250 million and at least two years, although as yet Tennessee Valley Authority CEO Ed Kilgore told senators he does not have an actual plan for the clean up. After problems for decades, including two leaks since 2003, the TVA dismissed a $25 million plan to shore up the sludge pond’s retaining walls as too expensive. Yet Kilgore testified that there were no warning signs the dike could fail:

We had no reason to believe it wouldn’t hold this. I don’t know what caused this but I don’t think it’s something that betrays the public’s trust in that we were careless.

Due to industry resistance and compliant politicians in Washington, coal ash waste is not federally regulated. Sen. Barbara Boxer (D-CA) “plans to ask Lisa Jackson, Democratic President-elect Barack Obama’s nominee to head the EPA, about providing regulation of the ash during her confirmation hearing next week.”

Update

Via Climate Progress and Memeorandum, the Knoxville News Sentinel reports yet another TVA coal waste pond ruptured today: “Alabama officials are estimating the volume of today’s spill at TVA’s Widows Creek power plant in northeast Alabama to be about 10,000 gallons of gypsum material.”

Yglesias

The Change We Need

Onion: “Tim Gunn Takes Wizards Shopping For Less Hideous Uniforms.” Of course the Wizards already have non-hideous standard uniforms. For some reason they decided that they needed to add the ugly gold ones to their arsenal.

Yglesias

Time Machine

israelmain_1.jpg

Over the past couple of weeks I’ve heard references to the idea that Hamas is so dastardly that rockets kept getting fired at Israeli territory even while the cease-fire was on. And, you know, that’s true but the people putting the point that way are deliberately trying to deceive you:

A four-month ceasefire between Israel and Palestinian militants in Gaza was in jeopardy today after Israeli troops killed six Hamas gunmen in a raid into the territory.

Hamas responded by firing a wave of rockets into southern Israel, although no one was injured. The violence represented the most serious break in a ceasefire agreed in mid-June, yet both sides suggested they wanted to return to atmosphere of calm.

Point being, the cease-fire was imperfect and imperfectly observed for a variety of reasons. It was an inherently difficult situation since neither party to the agreement would recognize the other side’s legitimacy. But the problems with the cease-fire, and the violations of it, are in no sense reflections of some kind of inherent perfidy either of Arabs generally or Palestinians more specifically or Hamas in particular any more than Israeli incursions indicate a fundamental untrustworthiness of Jews or Israelis or the Kadima Party. It was a difficult situation and not one the United States chose to involve itself constructively with.

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