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‘The Constitution in Crisis.’

Rep. Jerrold Nadler (D-NY), chairman of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, has announced a series of hearings titled “The Constitution in Crisis: The State of Civil Liberties in America.” Topics to be covered by the hearings include:

– The National Security Agency’s wiretapping program and proposed expansions;
– The erosion of Habeas Corpus through the Military Commissions Act;
– The sanctioning of torture through the Military Commissions Act and other government policies;
– The practice of “extraordinary rendition,” or government sponsored kidnapping;
PATRIOT Act threats to privacy rights, including the FBI’s abuses of the National Security Letter authority and intrusions into Americans’ “Freedom to Read”;
Government surveillance of First Amendment-protected activities; and
– The gutting of the Justice Department’s Civil Rights and Voting Rights Divisions.

More details at The Gavel.

Yglesias

Let a Couple Dozen Flowers Bloom

Kevin Carey manages to spin a trip to a Canadian music store into an extremely long analogy in favor of more heavy-handed curricular guidance on the part of college administrators:

This doesn’t mean every student needs exactly the same core curriculum, like some kind of rote march from Revolver to Never Mind the Bollocks to Nevermind. But it does mean that universities need to do a better job of applying some degree of judgment and taste in working with their students to decide what they need to learn. Otherwise, they may end up like Tower Records, while the little CD store up the street thrives in selling the intellectual taste that, more than anything, students really need.

[The point here being that the giant store-full-of-music model was rendered obsolete by the internet, but smaller stores where the staff can offer you judgment and insight still have value]

I’ve always found these kind of arguments about strict core requirements, laxer ones, etc. to be a bit puzzling. There probably isn’t a unique best way to handle this. Which is why it’s fortunate that even if you restrict your attention to the relatively small set of elite colleges and universities there are still a whole bunch of ‘em. It seems to me that there’s a set of defensible approaches to the issue (including no requirements whatsoever) and it’s good for some colleges to adopt each of them. I worry that pressure on each individual school to strike the “correct” balance leads ultimately to a kind of bland uniform compromise that serves no good purpose.

Climate Progress

More Humor: George Bush, Climate Activist

Stop me if you’ve heard this one. A polar bear walks into a bar and says, “When are you going to take action on global warming?”

The bartender, President Bush, says, “If you wait until the very end of my term, maybe we’ll set a goal for 2050. By the way, we don’t get many polar bears in here.”

The bear says, “And with these policies, you won’t be getting many more!” [Ba-dum-bum-CHING! Rimshot -- okay, technically a "sting" for all you Wikipedia nerds!]

polar-bear-tongue.jpeg
Seriously, though, the president who invented the double-U turn on climate — who has been blocking real international goal-setting — said today,

So my proposal is this: By the end of next year [translation, when I am almost outta here], America and other nations will set a long-term [translation, when we are all long dead] global goal for reducing greenhouse gases.

Read more

Yglesias

Human Rights Violation

Found on the MNF-Iraq website:

macarena

Sgt. Tierney Nowland teaches the Macarena dance with an Iraqi soldier of 2nd Battalion, 1st Brigade during a break with Soldiers from Company A, 1st Battalion, 23rd Infantry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division out of Fort Lewis, Wash., on a cordon and search mission in Ameriyah, Iraq, May 16. Nowland is combat camera with the 982nd Signal Company, Wilson, N.C. U.S. Army photo by Spc. Elisha Dawkins.

Disturbing stuff.

Security

Pentagon ‘Migrated’ Soviet Cold War Torture Techniques to Guantanamo, Iraq

dodreport.JPGSurvival, Evasion, Resistance, and Escape (SERE) is a program designed to train U.S. soldiers to withstand torture if they are ever captured as prisoners of war. Developed during the Cold War, U.S. solders are subjected to techniques based “on how the Soviet Union and its allies were believed to treat prisoners,” including “prolonged use of stress positions, exposure to heat and cold, sleep deprivation and even waterboarding.”

A recently declassified investigation from the Department of Defense’s Inspector General confirms “how the military training was ‘reverse engineered‘ for use by American interrogators,” training interrogators on more “effective” ways to elicit information:

Counterresistance techniques were introduced because personnel believed that interrogation methods used were no longer effective in obtaining useful information from some detainees. … On at least two occasions, the JTF-170 (interrogators) requested that Joint Personnel Recovery Agency (the agency conducting SERE training) instructors be sent to Guantanamo to instruct interrogators in SERE counterresistance interrogation techniques.

Those “counterresistance” techniques also migrated to Iraq, again at the orders of military officials:

The Joint Personnel Recovery Agency was also responsible for the migration of counterresistance interrogation techniques into the U.S. Central Command’s area of responsibility. In September 2003, at the request of the Commander. … Joint Personnel Recovery Agency sent an interrogation assessment team to Iraq to provide advice and assistance to the task force interrogation mission.

Because the techniques were so extreme, several intelligence officers “vehemently objected to the use of the techniques, but their protests were ignored.” The report notes:

SERE team members and TF-20 staff disagreed about whether SERE techniques were in compliance with the Geneva Conventions. When it became apparent that friction was developing, the decision was made to pull the team out before more damage was done to the relationship between the two organizations. The SERE team members prepared After Action Reports that detailed the confusion and allegations of abuse that took place during the deployment. These reports were not forwarded to the U.S. Joint Forces Command.

Sen. Carl Levin (D-MI) said he found the Pentagon report “very troubling” would hold hearings on how the SERE training methods “migrated” into Iraq and Guantanamo as the basis for interrogation. “They were put to a purpose that was never intended,” he said.

Politics

Like Goodling, Schlozman Politicized Hiring At Justice Dept’s Civil Rights Division

scholzman1.gifDuring her testimony before the House Judiciary Committee last week, former Gonzales aide Monica Goodling admitted that she had “crossed the lines” of the law by screening the political backgrounds of applicants for non-political jobs at the Justice Department. Yesterday, the DoJ announced that it was expanding its investigation of Goodling’s partisan hiring practices to include “scrutiny of hiring in the Civil Rights Division, which oversees voting rights.”

A central figure in the expanded probe is Bradley Schlozman, a former Deputy Assistant Attorney General for the Civil Rights Division currently serving in the Executive Office for U.S. Attorneys. He is set to appear next Tuesday before the Senate Judiciary Committee. Schlozman is reported to have repeatedly inquired about applicants’ political affiliations:

However, former employees of the division’s Voting Rights Section, whose decisions can affect the outcome of elections, told McClatchy that eight lawyers had been hired there since 2004 largely because of their Republican or conservative connections.

Two former department lawyers said that when they’d applied for jobs elsewhere in the division in early 2005, Schlozman had asked them to delete mention on their resumes of Republican affiliations and resubmit them. Both attorneys were hired.

One of them, Ty Clevenger, said Schlozman “wanted to make it look like it was apolitical.” Clevenger also said that when he’d passed along a resume from a fellow Stanford University Law School graduate, Schlozman had asked, “Is he one of us?”

Additionally, “half of the 14 career lawyers hired under Schlozman were members of the conservative Federalist Society or the Republican National Lawyers Association, up from none among the eight career hires in the previous two years” while “the average US News & World Report ranking of the law school attended by new career lawyers plunged from 15 to 65.”

While serving in the Civil Rights Division, Schlozman appears to have put ideological loyalty above prosecutorial ability. His upcoming appearance before Congress should shed more light on just how deeply he politicized the division.

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