Scooter is Not a Victim and Fall Guy

Frank Rich writes a longer-form essay once a week for the NYT. Being a former theater critic for the Times, he usually looks at politics from a cultural perspective. This week's column is a good example of how this view can yield revealing insights, in this case linking Libby to the deception the administration has practiced consistently to hide the ugly truths and costs of the war. It must be wearing and distracting to have to always remember to spin or hide the facts.

Mr. Libby’s novel was called “The Apprentice.” His memoir could be titled “The Accomplice.” Its first chapter would open in August 2002, when he and a small cadre of administration officials including Karl Rove formed the White House Iraq Group (WHIG), a secret task force to sell the Iraq war to the American people. The climactic chapter of the Libby saga unfolded last week when the guilty verdict in his trial coincided, all too fittingly, with the Congressional appearance of two Iraq veterans, one without an ear and one without an eye, to recount their subhuman treatment at the Walter Reed Army Medical Center.

It was WHIG’s secret machinations more than four years ago that led directly to those shredded lives. WHIG had been tasked, as The Washington Post would later uncover, to portray Iraq’s supposedly imminent threat to America with “gripping images and stories not available in the hedged and austere language of intelligence.” In other words, WHIG was to cook up the sexiest recipe for promoting the war, facts be damned. So it did, by hyping the scariest possible scenario: nuclear apocalypse. As Michael Isikoff and David Corn report in “Hubris,” it was WHIG (equipped with the slick phrase-making of the White House speechwriter Michael Gerson) that gave the administration its Orwellian bumper sticker, the constantly reiterated warning that Saddam’s “smoking gun” could be “a mushroom cloud.”

Ever since all the W.M.D. claims proved false, the administration has pleaded that it was duped by the same bad intelligence everyone else saw. But the nuclear card, the most persistent and gripping weapon in the prewar propaganda arsenal, was this White House’s own special contrivance. Mr. Libby was present at its creation. He knows what Mr. Bush and Dick Cheney knew about the manufacture of this fiction and when they knew it.

Clearly they knew it early on. The administration’s guilt (or at least embarrassment) about its lies in fomenting the war quickly drove it to hide the human price being paid for those lies. (It also tried to hide the financial cost of the war by keeping it out of the regular defense budget, but that’s another, if related, story.) The steps the White House took to keep casualties out of view were extraordinary, even as it deployed troops to decorate every presidential victory rally and gave the Pentagon free rein to exploit the sacrifices of Jessica Lynch and Pat Tillman in mendacious P.R. stunts.

The administration’s enforcement of a prohibition on photographs of coffins returning from Iraq was the first policy manifestation of the hide-the-carnage strategy. It was complemented by the president’s decision to break with precedent, set by Ronald Reagan and Jimmy Carter among others, and refuse to attend military funerals, lest he lend them a media spotlight. But Mark Benjamin, who has chronicled the mistreatment of Iraq war veterans since 2003, discovered an equally concerted effort to keep injured troops off camera. Mr. Benjamin wrote in Salon in 2005 that “flights carrying the wounded arrive in the United States only at night” and that both Walter Reed and the National Naval Medical Center in Bethesda barred the press “from seeing or photographing incoming patients.”

Krugman Again Points Out the Obvious That Most Miss

In Friday's column, my man Krugman makes an obvious but until now unremarked point. While the press and the Democrats hammer the GOP and Justice Department about the politically motivated firing of the Gonzalez Eight (the replaced U. S. Attorneys), all miss the question of the actions of the Attorneys who bent to political pressure and kept their jobs. Looking at the data, what an unusual thing to do, Krugman uncovers that, regarding the Federal investigations of public officials or candidates during the Bush years, "10 involved independents, 67 involved Republicans, and 298 involved Democrats." Here is the whole column again since it is behind the NYT wall.

For those of us living in the Garden State, the growing scandal over the firing of federal prosecutors immediately brought to mind the subpoenas that Chris Christie, the former Bush “Pioneer” who is now the U.S. attorney for New Jersey, issued two months before the 2006 election — and the way news of the subpoenas was quickly leaked to local news media.

The subpoenas were issued in connection with allegations of corruption on the part of Senator Bob Menendez, a Democrat who seemed to be facing a close race at the time. Those allegations appeared, on their face, to be convoluted and unconvincing, and Mr. Menendez claimed that both the investigation and the leaks were politically motivated.

Mr. Christie’s actions might have been all aboveboard. But given what we’ve learned about the pressure placed on federal prosecutors to pursue dubious investigations of Democrats, Mr. Menendez’s claims of persecution now seem quite plausible.

In fact, it’s becoming clear that the politicization of the Justice Department was a key component of the Bush administration’s attempt to create a permanent Republican lock on power. Bear in mind that if Mr. Menendez had lost, the G.O.P. would still control the Senate.

For now, the nation’s focus is on the eight federal prosecutors fired by Attorney General Alberto Gonzales. In January, Mr. Gonzales told the Senate Judiciary Committee, under oath, that he “would never, ever make a change in a United States attorney for political reasons.” But it’s already clear that he did indeed dismiss all eight prosecutors for political reasons — some because they wouldn’t use their offices to provide electoral help to the G.O.P., and the others probably because they refused to soft-pedal investigations of corrupt Republicans.

In the last few days we’ve also learned that Republican members of Congress called prosecutors to pressure them on politically charged cases, even though doing so seems unethical and possibly illegal.

The bigger scandal, however, almost surely involves prosecutors still in office. The Gonzales Eight were fired because they wouldn’t go along with the Bush administration’s politicization of justice. But statistical evidence suggests that many other prosecutors decided to protect their jobs or further their careers by doing what the administration wanted them to do: harass Democrats while turning a blind eye to Republican malfeasance.

Donald Shields and John Cragan, two professors of communication, have compiled a database of investigations and/or indictments of candidates and elected officials by U.S. attorneys since the Bush administration came to power. Of the 375 cases they identified, 10 involved independents, 67 involved Republicans, and 298 involved Democrats. The main source of this partisan tilt was a huge disparity in investigations of local politicians, in which Democrats were seven times as likely as Republicans to face Justice Department scrutiny.

How can this have been happening without a national uproar? The authors explain: “We believe that this tremendous disparity is politically motivated and it occurs because the local (non-statewide and non-Congressional) investigations occur under the radar of a diligent national press. Each instance is treated by a local beat reporter as an isolated case that is only of local interest.”

And let’s not forget that Karl Rove’s candidates have a history of benefiting from conveniently timed federal investigations. Last year Molly Ivins reminded her readers of a curious pattern during Mr. Rove’s time in Texas: “In election years, there always seemed to be an F.B.I. investigation of some sitting Democrat either announced or leaked to the press. After the election was over, the allegations often vanished.”

Fortunately, Mr. Rove’s smear-and-fear tactics fell short last November. I say fortunately, because without Democrats in control of Congress, able to hold hearings and issue subpoenas, the prosecutor purge would probably have become yet another suppressed Bush-era scandal — a huge abuse of power that somehow never became front-page news.

Before the midterm election, I wrote that what the election was really about could be summed up in two words: subpoena power. Well, the Democrats now have that power, and the hearings on the prosecutor purge look like the shape of things to come.

In the months ahead, we’ll hear a lot about what’s really been going on these past six years. And I predict that we’ll learn about abuses of power that would have made Richard Nixon green with envy.

Read It and Weep

Sidney Blumenthal is a top journalist who was a top aid to President Clinton and now writes a really good weekly column for Salon that is always worth reading. He has the insider's sources without the stenographer mentality of too many active Washington journalists working for the top newspapers and networks these days. This week's column covers this startling reporting on a Bush "book club":

As witnesses were trooping to the stand in the federal courthouse in Washington to testify in the case of United States v. I. Lewis Libby, and the Washington Post was publishing its series on the squalid conditions that wounded Iraq war veterans suffer at the Walter Reed Army Medical Center while thousands more soldiers were surging into Baghdad, President Bush held one of his private book club sessions that Karl Rove organizes for him at the White House. Rove picks the book, invites the author and a few neoconservative intellectual luminaries, and conducts the discussions. For this Bush book club meeting, the guest was Andrew Roberts, an English conservative historian and columnist and the author of "The Churchillians" and, most recently, "A History of the English-Speaking People Since 1900."

The subject of Winston Churchill inspired Bush's self-reflection. The president confided to Roberts that he believes he has an advantage over Churchill, a reliable source with access to the conversation told me. He has faith in God, Bush explained, but Churchill, an agnostic, did not. Because he believes in God, it is easier for him to make decisions and stick to them than it was for Churchill. Bush said he doesn't worry, or feel alone, or care if he is unpopular. He has God.

Bush -- better than Churchill, according to Bush. The White House is still Fantasy Island.

Never Forget: "Support Our Troops"

The details and analysis are still to come -- when did this start, what is the cause (outsourcing, budget cuts, incompetent or uncaring political appointees, etc), and how big is the problem today and in to the future. Meanwhile, today's followup article in the Washington Post to the series on Walter Reed is beyond disgusting. Dishonor indeed.

Across the country, some military quarters for wounded outpatients are in bad shape, according to interviews, Government Accountability Office reports and transcripts of congressional testimony. The mold, mice and rot of Walter Reed's Building 18 compose a familiar scenario for many soldiers back from Iraq or Afghanistan who were shipped to their home posts for treatment. Nearly 4,000 outpatients are currently in the military's Medical Holding or Medical Holdover companies, which oversee the wounded. Soldiers and veterans report bureaucratic disarray similar to Walter Reed's: indifferent, untrained staff; lost paperwork; medical appointments that drop from the computers; and long waits for consultations.

Sandy Karen was horrified when her 21-year-old son was discharged from the Naval Medical Center in San Diego a few months ago and told to report to the outpatient barracks, only to find the room swarming with fruit flies, trash overflowing and a syringe on the table. "The staff sergeant says, 'Here are your linens' to my son, who can't even stand up," said Karen, of Brookeville, Md. "This kid has an open wound, and I'm going to put him in a room with fruit flies?" She took her son to a hotel instead.

"My concern is for the others, who don't have a parent or someone to fight for them," Karen said. "These are just kids. Who would have ever looked in on my son?"

Capt. Leslie Haines was sent to Fort Knox in Kentucky for treatment in 2004 after being flown out of Iraq. "The living conditions were the worst I'd ever seen for soldiers," he said. "Paint peeling, mold, windows that didn't work. I went to the hospital chaplain to get them to issue blankets and linens. There were no nurses. You had wounded and injured leading the troops."

Hundreds of soldiers contacted The Washington Post through telephone calls and e-mails, many of them describing their bleak existence in Medhold.

From Fort Campbell in Kentucky: "There were yellow signs on the door stating our barracks had asbestos."

From Fort Bragg in North Carolina: "They are on my [expletive] like a diaper. . . . there are people getting chewed up everyday."

From Fort Dix in New Jersey: "Scare tactics are used against soldiers who will write sworn statement to assist fellow soldiers for their medical needs."

From Fort Irwin in California: "Most of us have had to sign waivers where we understand that the housing we were in failed to meet minimal government standards."

On a Roll of Outrage

The New York Times editorial board is on a roll. After their editorial earlier this week on the latest Padilla developments (see the previous post), today they outline and criticize most of the despicable legal procedures and laws that have been implemented by the US government under the Bushies and their complicit congressional co-conspirators.

How could we have gotten so off track? Just read the summary of outrages in the editorial to see how far we have strayed from the decent behavior towards all expected of a modern civilization. The truth must be that a large portion of the American people are OK with these standards. We Americans voted these guys in and, shaking in our boots after 9/11, allowed them to co opt our good name and historical standing as a beacon of fairness, liberty, and truth. It was the perfect storm of authoritarian power-mongers being in charge when 9/11 happened causing too many Americans to lose their courage and forget what made this country great.

The editorial may go behind the NYT firewall after a week so I paste it here:

The Bush administration’s assault on some of the founding principles of American democracy marches onward despite the Democratic victory in the 2006 elections. The new Democratic majorities in Congress can block the sort of noxious measures that the Republican majority rubber-stamped. But preventing new assaults on civil liberties is not nearly enough.

Five years of presidential overreaching and Congressional collaboration continue to exact a high toll in human lives, America’s global reputation and the architecture of democracy. Brutality toward prisoners, and the denial of their human rights, have been institutionalized; unlawful spying on Americans continues; and the courts are being closed to legal challenges of these practices.

It will require forceful steps by this Congress to undo the damage. A few lawmakers are offering bills intended to do just that, but they are only a start. Taking on this task is a moral imperative that will show the world the United States can be tough on terrorism without sacrificing its humanity and the rule of law.

Today we’re offering a list — which, sadly, is hardly exhaustive — of things that need to be done to reverse the unwise and lawless policies of President Bush and Vice President Dick Cheney. Many will require a rewrite of the Military Commissions Act of 2006, an atrocious measure pushed through Congress with the help of three Republican senators, Arlen Specter, Lindsey Graham and John McCain; Senator McCain lent his moral authority to improving one part of the bill and thus obscured its many other problems.

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Our list starts with three fundamental tasks:

Restore Habeas Corpus

One of the new act’s most indecent provisions denies anyone Mr. Bush labels an “illegal enemy combatant” the ancient right to challenge his imprisonment in court. The arguments for doing this were specious. Habeas corpus is nothing remotely like a get-out-of-jail-free card for terrorists, as supporters would have you believe. It is a way to sort out those justly detained from those unjustly detained. It will not “clog the courts,” as Senator Graham claims. Senator Patrick Leahy of Vermont, the Democratic chairman of the Judiciary Committee, has a worthy bill that would restore habeas corpus. It is essential to bringing integrity to the detention system and reviving the United States’ credibility.

Stop Illegal Spying

Mr. Bush’s program of intercepting Americans’ international calls and e-mail messages without a warrant has not ceased. The agreement announced recently — under which a secret court supposedly gave its blessing to the program — did nothing to restore judicial process or ensure that Americans’ rights are preserved. Congress needs to pass a measure, like one proposed by Senator Dianne Feinstein, to force Mr. Bush to obey the law that requires warrants for electronic surveillance.

Ban Torture, Really

The provisions in the Military Commissions Act that Senator McCain trumpeted as a ban on torture are hardly that. It is still largely up to the president to decide what constitutes torture and abuse for the purpose of prosecuting anyone who breaks the rules. This amounts to rewriting the Geneva Conventions and puts every American soldier at far greater risk if captured. It allows the president to decide in secret what kinds of treatment he will permit at the Central Intelligence Agency’s prisons. The law absolves American intelligence agents and their bosses of any acts of torture and abuse they have already committed.

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Many of the tasks facing Congress involve the way the United States takes prisoners, and how it treats them. There are two sets of prisons in the war on terror. The military runs one set in Iraq, Afghanistan and Guantánamo Bay. The other is even more shadowy, run by the C.I.A. at secret places.

Close the C.I.A. Prisons

When the Military Commissions Act passed, Mr. Bush triumphantly announced that he now had the power to keep the secret prisons open. He cast this as a great victory for national security. It was a defeat for America’s image around the world. The prisons should be closed.

Account for ‘Ghost Prisoners’

The United States has to come clean on all of the “ghost prisoners” it has in the secret camps. Holding prisoners without any accounting violates human rights norms. Human Rights Watch says it has identified nearly 40 men and women who have disappeared into secret American-run prisons.

Ban Extraordinary Rendition

This is the odious practice of abducting foreign citizens and secretly flying them to countries where everyone knows they will be tortured. It is already illegal to send a prisoner to a country if there is reason to believe he will be tortured. The administration’s claim that it got “diplomatic assurances” that prisoners would not be abused is laughable.

A bill by Representative Edward Markey, Democrat of Massachusetts, would require the executive branch to list countries known to abuse and torture prisoners. No prisoner could be sent to any of them unless the secretary of state certified that the country’s government no longer abused its prisoners or offered a way to verify that a prisoner will not be mistreated. It says “diplomatic assurances” are not sufficient.

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Congress needs to completely overhaul the military prisons for terrorist suspects, starting with the way prisoners are classified. Shortly after 9/11, Mr. Bush declared all members of Al Qaeda and the Taliban to be “illegal enemy combatants” not entitled to the protections of the Geneva Conventions or American justice. Over time, the designation was applied to anyone the administration chose, including some United States citizens and the entire detainee population of Gitmo.

To address this mess, the government must:

Tighten the Definition of Combatant

“Illegal enemy combatant” is assigned a dangerously broad definition in the Military Commissions Act. It allows Mr. Bush — or for that matter anyone he chooses to designate to do the job — to apply this label to virtually any foreigner anywhere, including those living legally in the United States.

Screen Prisoners Fairly and Effectively

When the administration began taking prisoners in Afghanistan, it did not much bother to screen them. Hundreds of innocent men were sent to Gitmo, where far too many remain to this day. The vast majority will never even be brought before tribunals and still face indefinite detention without charges.

Under legal pressure, Mr. Bush created “combatant status review tribunals,” but they are a mockery of any civilized legal proceeding. They take place thousands of miles from the point of capture, and often years later. Evidence obtained by coercion and torture is permitted. The inmates do not get to challenge this evidence. They usually do not see it.

The Bush administration uses the hoary “fog of war” dodge to justify the failure to screen prisoners, saying it is not practical to do that on the battlefield. That’s nonsense. It did not happen in Afghanistan, and often in Iraq, because Mr. Bush decided just to ship the prisoners off to Gitmo.

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Prisoners designated as illegal combatants are subject to trial rules out of the Red Queen’s playbook. The administration refuses to allow lawyers access to 14 terrorism suspects transferred in September from C.I.A. prisons to Guantánamo. It says that if they had a lawyer, they might say that they were tortured or abused at the C.I.A. prisons, and anything that happened at those prisons is secret.

At first, Mr. Bush provided no system of trial at the Guantánamo camp. Then he invented his own military tribunals, which were rightly overturned by the Supreme Court. Congress then passed the Military Commissions Act, which did not fix the problem. Some tasks now for Congress:

Ban Tainted Evidence

The Military Commissions Act and the regulations drawn up by the Pentagon to put it into action, are far too permissive on evidence obtained through physical abuse or coercion. This evidence is unreliable. The method of obtaining it is an affront.

Ban Secret Evidence

Under the Pentagon’s new rules for military tribunals, judges are allowed to keep evidence secret from a prisoner’s lawyer if the government persuades the judge it is classified. The information that may be withheld can include interrogation methods, which would make it hard, if not impossible, to prove torture or abuse.

Better Define ‘Classified’ Evidence

The military commission rules define this sort of secret evidence as “any information or material that has been determined by the United States government pursuant to statute, executive order or regulation to require protection against unauthorized disclosure for reasons of national security.” This is too broad, even if a president can be trusted to exercise the power fairly and carefully. Mr. Bush has shown he cannot be trusted to do that.

Respect the Right to Counsel

Soon after 9/11, the Bush administration allowed the government to listen to conversations and intercept mail between some prisoners and their lawyers. This had the effect of suspending their right to effective legal representation. Since then, the administration has been unceasingly hostile to any lawyers who defend detainees. The right to legal counsel does not exist to coddle serial terrorists or snarl legal proceedings. It exists to protect innocent people from illegal imprisonment.

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Beyond all these huge tasks, Congress should halt the federal government’s race to classify documents to avoid public scrutiny — 15.6 million in 2005, nearly double the 2001 number. It should also reverse the grievous harm this administration has done to the Freedom of Information Act by encouraging agencies to reject requests for documents whenever possible. Congress should curtail F.B.I. spying on nonviolent antiwar groups and revisit parts of the Patriot Act that allow this practice.

The United States should apologize to a Canadian citizen and a German citizen, both innocent, who were kidnapped and tortured by American agents.

Oh yes, and it is time to close the Guantánamo camp. It is a despicable symbol of the abuses committed by this administration (with Congress’s complicity) in the name of fighting terrorism.

The Jose Padilla Travesty

This case alone causes one to answer "yes" to the question: "Can it happen here?" It has been treated rarely on the front pages in the major newspapers and has been pretty much ignored by TV (no good pictures, I suppose). The NYT editorial page has been stronger than most in calling out the Bushies and this is a good example. This passion, often missing from even the NYT editorial page, shows through. This is a complete travesty.

At one point in the mental competency hearing, a prosecutor wanted to introduce what he said was a Qaeda manual instructing captured operatives to claim torture even if none had occurred. Judge Cooke refused, pointing out that there was no evidence that Mr. Padilla had ever heard of the manual, much less studied it. The government has yet to show evidence that Mr. Padilla was even a member of Al Qaeda.

The government’s arguments at the hearing sounded ridiculous and shameful. Prosecutors said Mr. Padilla always seemed fine to his jailers, but it was his jailers who did things like standing on his bare feet with boots so they could shackle him. The brig psychologist testified that he had spoken to Mr. Padilla only twice, once when he was first detained, and two years later — through a slit in his cell door.

When a psychologist testified for the defense that Mr. Padilla was “an anxiety-ridden, broken individual,” the prosecution said her tests were invalid — because the jailers had kept Mr. Padilla handcuffed throughout.

We will probably never know if Mr. Padilla was a would-be terrorist. So far, this trial has been a reminder of how Mr. Bush’s policy on prisoners has compromised the judicial process. And it has confirmed the world’s suspicions of the United States’ stooping to the very behavior it once stood against.

A man's life has been totally ruined for no good and legal reason. And it appears no official will ever be held "accountable" (that over-worked but necessary word). These are crimes and I hope if sanity ever prevails again in the US government that these people will be brought up on charges.

Glenn Greenwald has summarized the history of the Padilla case here and here. To reread these posts is to be angered, saddened, and disgusted all over again. THIS IS A US CITIZEN, imprisoned illegally, based on information obtained by torture, and held out of access to the most basic protections of our legal system. It DOES happen here.

Let Them Eat Cake...

Laura's true colors show here and Jon Stewart really skewers her. This is revealing in so many ways: TV (perception) is all that matters to Americans, the Iraqis don't count at all (as Stewart points out), one bombing a day isn't so bad (imagine a bomb a day in Houston), and, furthermore, there are in fact many more than one bomb a day going off in Iraq -- now running at 185 bombings and attacks a day and that doesn't even count the death squad activity. The wife of our great leader is showing some awfully large knowledge and empathy gaps. Do you think the White House is now officially a bunker walling off the outside world? To be so far off in perceiving reality indicates that it is.

Crooks and Liars is a really sharp blog that links generously to video stuff like this. Check it out.