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Bybee defends his torture memos as ‘legally correct’ and ‘a good-faith analysis of the law.’

Judge Jay Bybee finally “broke his silence” and talked to the New York Times about his legal memos which authorized torture. This past weekend, the Washington Post quoted anonymous friends of Bybee claiming that Bybee was apologetic for authoring the memos. Speaking for himself, Bybee said that’s not the case:

impeachbybee.jpg[H]e said: “The central question for lawyers was a narrow one; locate, under the statutory definition, the thin line between harsh treatment of a high-ranking Al Qaeda terrorist that is not torture and harsh treatment that is. I believed at the time, and continue to believe today, that the conclusions were legally correct.”

Other administration lawyers agreed with those conclusions, Judge Bybee said.

“The legal question was and is difficult,” he said. “And the stakes for the country were significant no matter what our opinion. In that context, we gave our best, honest advice, based on our good-faith analysis of the law.

Bybee, “the man behind waterboarding,” once said that he would like his “headstone to read, ‘He always tried to do the right thing.’” The right thing would be for him to resign. If he does not do so, Congress should impeach him.

Update

The Department of Justice’s Office of Professional Responsibility is currently conducting a review of Bybee’s work. The New York Times’s Charlie Savage recently reported that the review could find that Bybee’s office changed its legal views to cater to policy makers:

One thing could change that dynamic, however. The Justice Department’s Office of Professional Responsibility has been investigating the work of lawyers who signed off on the interrogation policy, and is believed to have obtained archived e-mail messages from the time when the memorandums were being drafted.

If it turned out that the lawyers initially concluded that aspects of the proposed program would be illegal, then reversed that conclusion at the request of policy makers, then prosecutors could make a case that the officials knowingly broke the law.

Politics

Specter Promises Obama To ‘Support Your Agenda,’ Hours Later Restates Opposition To OLC Pick

This morning, Pennsylvania Sen. Arlen Specter decided to leave the Republican Party — saying it “has moved far to the right” — and join the Democrats. President Obama was informed of Specter’s decision this morning and called to welcome him to the party. White House sources told ABC News that Specter pledged loyalty to Obama’s agenda:

At 10:32am, President Barack Obama reached Specter and told him “you have my full support” and “thrilled to have you.”

Specter told the president, “I’m a loyal Democrat. I support your agenda.”

Just hours later, however, Specter reaffirmed his unfounded opposition to Obama’s pick to head the Office of Legal Counsel, Dawn Johnsen:

Q: How are going to vote on the Dawn Johnsen confirmation?

SPECTER: I’m opposed to the nominee for Assistant Attorney General in the Office of Legal Council, Dawn Johnsen.

Watch it:

Johnsen has been a tireless advocate for limited executive power firmly bounded by law, not to mention a strong torture opponent — concerns Specter purportedly shares. In March, while still a Republican, Specter said that filibustering Johnsen was “under consideration,” though he never explained the basis for his opposition. Indeed, Specter declared his opposition to Johnsen just seconds after explaining that his opposition to warrantless wiretapping and Bush’s interrogation tactics were part of his decision to leave the GOP.

Rumor in Washington has it that Sen. Daniel Inouye (D-HI) may step down from the chairmanship of the Appropriations Committee, giving the seat to Sen. Pat Leahy (D-VT) — and opening the chairmanship of the Judiciary Committee to the new Democrat, Specter. From this post, Specter could indefinitely delay hearings on Johnsen, not to mention completely kill Leahy’s efforts to hold a truth commission to examine Bush’s use of torture and other illegal practices.

Specter also reaffirmed his opposition to the Employee Free Choice Act today. Apparently to Specter, opposing progressive legal nominees and stomping on workers’ rights is all part of proving he is a “loyal Democrat” in support of Obama’s agenda.

Update

Brad Johnson notes Specter’s long voting record opposing a new clean economy.


Update

,Sen. Dick Lugar (R-IN) said today he would support Johnsen’s nomination, becoming the first Republican to publicly support her.

Yglesias

Specter Six Years Ago

I don’t think we should take the fact that Specter has sometimes voted in a moderately progressive manner to mean that he’s “really” a moderate progressive. Nor do I think we should take the fact that he has sometimes voted in a hard-right manner to mean that he’s “really” a solid conservative. He’s just flexible. Look at, say, anything he said today and compare it to this ad (hat tip to Chris Bowers) he made when trying to convince Pennsylvania Republicans to back him in the 2004 primary against Pat Toomey:

I think the evidence suggests that a party switch will cause Specter to drift ideologically somewhat to the left, but clearly this is a guy capable of adopting a diverse set of views depending on circumstances.

Politics

GOP lawmaker: Although waterboarding is ‘more torture than not,’ we still shouldn’t have investigations.

manzulloweb0428.jpgDuring an interview with WGN radio this morning, Rep. Don Manzullo (R-IL) veered slightly to the left of his GOP colleagues on the issue of whether waterboarding is torture and an effective tool of interrogation. After host John Williams recounted the story of Abu Zubaydah (and how all the valuable information he gave occurred before waterboarding took place), Manzullo replied, “Apparently waterboarding doesn’t work.” Williams then established that Manzullo believes that torture is illegal and asked, “Do you think waterboarding is torture?” “I would say its more torture than not,” Manzullo said. Despite his dance with reality, Manzullo firmly came back into the GOP camp, later arguing that no prosecutions should take place because it would be too much of a hassle:

WILLIAMS: Then how do you not prosecute if we think people were doing it?

MANZULLO: Because then you are going to have to go back and you’re going to have to go through every single interrogation and every single memo and the whole purpose of this is to relive again the fact that somebody made the decision to allow this.

Yglesias

Zardari Speculates that OBL is Dead

osama_1392499c-1

Following on the heels of some speculation Pervez Musharaff was known to engage in, Pakistani President Zardari has been musing recently that perhaps Osama bin Laden’s dead:

Pakistan’s President Asif Ali Zardari has raised the prospect that Osama bin Laden could be dead after he said that intelligence officials could find “no trace” of the al-Qaeda chief. [...] There have been regular reports of bin Laden’s ill health, notably speculation about his kidneys failing. Mr Zardari said his own advisers believed there was substance to the rumours. [...]Mr Zardari’s comments came as he sought to reassure the international community that it need not worry over the security of Pakistan’s nuclear weapons.

I suppose Pakistani leaders have an incentive to speculate in this manner. The leading alternatives would seem to be the hypothesis that Pakistani security services are too inept to find the most wanted man in the world, or else that the Pakistani security services are so penetrated by radicals that OBL is being deliberately sheltered.

Then again, I often wonder what Pakistani intelligence would actually do if they found bin Laden. Turn him over to the United States? Put him on trial? Either way sounds like it could be dangerous. And suppose you catch him and that leads America to decide it’s no so interested in Pakistan anymore. Paradoxically, the threat that Pakistan might collapse into anarchy and fanaticism is one of Pakistan’s leading assets, allowing them to extract strategic rents from the United States. So maybe you just shoot him, bury the body deep, and pronounce the whole thing a great big mystery. Maybe his kindeys failed? Who’s to say?

Health

Republicans Falsely Complain That Democrats Aren’t Consulting Them On Health Care

Republicans are still complaining that the reconciliation instructions in the budget will allow the Democrats to pass health care reform without debate. Today, during an appearance on MSNBC’s Morning Joe, Rep. Paul Ryan (R-WI) dramatically proclaimed that “what’s taking place here is one party rule, moving this thing faster than lighting speed…there is some talk in the Senate, but not in the House at all”:

Bipartisanship means you have collaboration, meaning you sit down, you come together, you write bills, you collaborate, you compromise, you negotiate and then you move together to pass things. That’s not what’s taking place… What’s taking place here is one party rule, moving this thing faster than lightning speed…there is some talking currently in the Senate, but not in the House at all. We’ve asked our Ways and Means Committee Chairman Charley Rangel, let’s sit down and start talking health care reform and find where we have common ground…haven’t had a meeting yet.

Watch it:

Democrats’ decision to use reconciliation after October 15th does not prevent the parties from working cooperatively on health care legislation. As the Washington Post explains, reconciliation “merely provide a ‘fallback provision’ in case Congress fails to pass legislation by the end of the August recess.” In fact, not only will Republicans have ample opportunity to negotiate with Democrats, but Congress has already hosted numerous hearings on health care reform.

In the House, for instance, the committees with jursidiction over health have held at least 12 public hearings; the House Ways and Means Committee, of which Ryan is a member, held 6:

House Ways And Means:

4-22-2009: Health Reform in the 21st Century: Insurance Market Reforms
4-01-2009: Health Reform in the 21st Century: Reforming the Health Care Delivery System
3-17-2009: Hearing on MedPAC’s Annual March Report to the Congress on Medicare Payment Policy
3-11-2009: Health Reform in the 21st Century: Expanding Coverage, Improving Quality and Controlling Costs
3-04-2009: Hearing on the President’s Fiscal Year 2010 Budget Overview with OMB Director Peter R. Orszag

House Energy And Commerce (Subcommittee On Health):

3-24-2009: Making Health Care Work For American Families: Improving Access To Care
3-17-2009: Making Health Care Work For American Families: Ensuring Affordable Coverage
3-11-2009: How Do You Fix Our Ailing Food Safety System?
3-10-2009: Making Health Care Work For American Families: Designing A High Performing Healthcare System

House Committee On Education And Labor:

4-23-2009: Ways to Reduce the Cost of Health Insurance for Employers, Employees and their Families
3-10-2009: Strengthening Employer-Based Health Care

Last week, House Majority Leader Steny Hoyer (D-MD) “told reporters on Capitol Hill that he intends to meet with Rep. Roy Blunt (R-MO), chairman of the House Republican Health Care Caucus…to continue a discussion on comparative-effectiveness research and a public health-plan option—among other measures—that have proven to be sticking points between the two parties.” Ryan is a member of Blunt’s group, but he and his fellow Republicans are more interested in railing against so-called government-run health insurance than offering viable policy solutions to the health care crisis (check out their solution page).

Politics

Grassley On USDA Deputy Secretary: ‘Whatever Her Name Is, I Have Read Some Things’ That Concern Me

merrigan.jpg During a teleconference today with reporters, Sen. Charles Grassley (R-IA), expressed “caution” about Deputy Secretary of Agriculture Kathleen Merrigan. The Des Moines Register asked Grassley if he had any response to Obama’s recent subcabinet appointments at the Agriculture Department. He responded by saying that he believed that most of the nominees where “well qualified” except for — referring to Merrigan — “the woman from Tufts”:

GRASSLEY: I think everybody’s well qualified to do what they’re doing, and there’s only one that I would raise a question about. And I probably shouldn’t be raising a question except some things that I’ve read about where she’s coming from, and I don’t remember her name, but the woman from Tufts.

QUESTION: Kathleen Merrigan.

GRASSLEY: What’s her name?

QUESTION: Kathleen Merrigan.

GRASSLEY: Yes. Whoever – whatever her name is, I’ve read some things that would make some caution — cause me to be cautious about her, but I need to get acquainted with her because it’s not fair just to read third-party points and know exactly where she’s coming from.

Asked to explain specifically what gave him pause about Merrigan, Grassley responded:

GRASSLEY: I think, with – I don’t know whether I can point to a specific thing, but it tends to me to be having an unrealistic view of American production agriculture.

It’s not entirely clear why Grassley hasn’t had a chance to “get acquainted” with Merrigan. After all, he sits on the Senate Agriculture Committee which held her confirmation hearing on April 1. If the senator missed the hearing, he can “get acquainted” by watching Merrigan’s testimony on the Agriculture committee website.

The “third-party” talking points that the senator is currently basing his opinion on appear to be from the agribusiness community. In response to the White House announcing her nomination in February, Steve Dittmer of the Agribusiness Freedom Foundation attacked Merrigan as unqualified:

Kathleen Merrigan has absolutely no real-world agricultural experience. Her career has been strictly in political (including Leahy and Kennedy), university or government positions. Her interface with agricultural producers has been in developing organic farming standards, hardly a place for even outside exposure to mainstream agricultural needs and problems. Her most recent position was a so-called “agricultural, food and nutrition” program at Tufts University in Boston. … That program is charged with “social change” and generating “models of alternative systems.”

In reality, it is precisely because Merrigan has so much experience in crafting and researching agricultural policy — in “university or government positions” — that her nomination drew “cheers from food-safety advocates.” Indeed, as a staffer on the Senate Agriculture Committee, Merrigan helped develop the Organic Foods Production Act of 1990 which “created national standards for organic foods and a federal program to accredit them.” Under President Clinton, Merrigan worked for the USDA Agricultural Marketing Service where she “worked on many conventional USDA agriculture programs.”

Most recently, Merrigan headed the Agriculture, Food and Environment Program where she researched, among other things, sustainable development and policy implementation. Whatever part of Merrigan’s resume that Grassley finds troubling, he’s a bit late to the game. The Senate confirmed Merrigan on April 2.

Security

DOJ’s Hinnen: ‘A Lawless Response To Terrorism’ Undermines Our Nat’l Security

Earlier today, I attended a presentation at the Washington Institute for Near East Policy by Todd Hinnen, Deputy Assistant Attorney General for Law and Policy in the Department of Justice’s National Security Division. The division was created in 2006 by the USA Patriot Reauthorization and Improvement Act, merging the core national security functions of the DOJ, as recommended in March 2005 by the Iraq Intelligence Commission.

Hinnen described his team at the DOJ as doing the “30,000 foot level strategic thinking, policy development and legal analysis” for the Department’s national security work. Hinnen stated his belief that the development of an appropriate and enduring legal framework was “essential to effectively combating terrorism for reasons that are both principled and pragmatic.”

It is essential on grounds of principle because the law has defined this nation, a nation of laws, since its founding…It would be a Pyrrhic victory if, in our struggle the preserve this country against the threat of international terrorism we sacrificed so central a part of what this country stands for and why it has been a model for the rest of the world.

It is essential on grounds of pragmatism because a lawless response to terrorism — one for instance that includes torture, black site prisons, and indefinite detention without due process — undermines our moral credibility and standing abroad, weakens the coalitions with foreign governments that we need to effectively combat terrorism, and provides terrorist recruiters with some of their most effective material.

It’s good to hear government officials expressing this kind of understanding of what it is that really makes America exceptional — and what really makes us safe.

Yglesias

Low Expectation for Obama on the Economy

obamaeconomy

One interesting finding in the latest NYT poll is that the public seems to have incredibly low expectations for the efficacy of Barack Obama’s economic policies. If the recession really continues until the end of Obama’s first term, that would be a shockingly long downturn of almost five years in total duration. Even the Great Depression saw an initial turnaround sooner than that (before, admittedly, falling into a new recession in 1937).

A finding like that could be paired with a generally dour judgment about Obama with people thinking he’s screwing up. But instead the poll shows Obama’s approval ratings to be very high.

In part, the public’s take on all this is probably colored by a not-particular-precise public conception of what it means for the economy to be in recession. But either way I do think it suggests that Obama can take advantage of a period of low expectations for his actual performance. And that might be all for the best, since I’m frankly not that optimistic that the banking strategy they’re pursuing is going to bring about good results.

Climate Progress

U.S. wind energy industry installs over 2,800 MW in first quarter — double Q1 2008

Reports of the demise of the clean energy industry have been, well, exaggerated (see “Global recession? Must be time for the media’s alternative-energy backlash“).

The American Wind Energy Association reports:

The wind energy industry installed over 2,800 megawatts (MW) of new generating capacity in the first quarter of 2009, with new projects completed in 15 states and powering the equivalent of 816,000 homes….

The new wind power projects add up to 2,836 MW, according to initial AWEA estimates.  The total wind power generating capacity in operation in the U.S. is now 28,206 MW, enough to serve over 8 million homes and avoid the emissions of 52 million tons of carbon dioxide annually””the equivalent of removing 8.8 million cars from the road.

And this is after a record 2008 (see “U.S. wind energy grows by record 8,300 MW“). Here is where states now rank by wind capacity:

Read more

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