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They knew, we didn’t — they wanted it that way. They knew it was wrong even as they did it — but they didn’t care. When it comes to torture and clandestine ops, what else is there to say?

We might discuss that we elect these people — that we provide their income — that we disapprove their actions — that most of what they do is immoral, if not completely illegal.

We might. Perhaps we will, and loudly, in the year ahead.

Here are three excellent reads that leave no doubt in your mind about who the Bushies are — and as miffed as I am at the New York Times* for hiring on NeoCon hack, William Kristol, as a columnist, I welcome their editorial today. Then a Times weekend piece that is causing the dust to rise in the torture-tape revelations, followed by Glenn Greenwald’s analysis.

They knew — that’s all there is to say.

Jude

* CNN has been taking it in the shorts recently for their descent into tabloid trashiness, due to the loud, insistent voices of Lou Dobbs and Glen Beck … hate talk will get you ratings but not respect. The same goes for Kristol — this is one of the voices that led us into chaos, and giving him a cushy platform to continue his pontifications will garner readers, but no accolades. As usual, with MSM of any kind, the bottom line is bucks.

Looking at America
New York Times editorial
December 31, 2007

There are too many moments these days when we cannot recognize our country. Sunday was one of them, as we read the account in The Times of how men in some of the most trusted posts in the nation plotted to cover up the torture of prisoners by Central Intelligence Agency interrogators by destroying videotapes of their sickening behavior. It was impossible to see the founding principles of the greatest democracy in the contempt these men and their bosses showed for the Constitution, the rule of law and human decency.

It was not the first time in recent years we’ve felt this horror, this sorrowful sense of estrangement, not nearly. This sort of lawless behavior has become standard practice since Sept. 11, 2001.

The country and much of the world was rightly and profoundly frightened by the single-minded hatred and ingenuity displayed by this new enemy. But there is no excuse for how President Bush and his advisers panicked — how they forgot that it is their responsibility to protect American lives and American ideals, that there really is no safety for Americans or their country when those ideals are sacrificed.

Out of panic and ideology, President Bush squandered America’s position of moral and political leadership, swept aside international institutions and treaties, sullied America’s global image, and trampled on the constitutional pillars that have supported our democracy through the most terrifying and challenging times. These policies have fed the world’s anger and alienation and have not made any of us safer.

In the years since 9/11, we have seen American soldiers abuse, sexually humiliate, torment and murder prisoners in Afghanistan and Iraq. A few have been punished, but their leaders have never been called to account. We have seen mercenaries gun down Iraqi civilians with no fear of prosecution. We have seen the president, sworn to defend the Constitution, turn his powers on his own citizens, authorizing the intelligence agencies to spy on Americans, wiretapping phones and intercepting international e-mail messages without a warrant.

We have read accounts of how the government’s top lawyers huddled in secret after the attacks in New York and Washington and plotted ways to circumvent the Geneva Conventions — and both American and international law — to hold anyone the president chose indefinitely without charges or judicial review.

Those same lawyers then twisted other laws beyond recognition to allow Mr. Bush to turn intelligence agents into torturers, to force doctors to abdicate their professional oaths and responsibilities to prepare prisoners for abuse, and then to monitor the torment to make sure it didn’t go just a bit too far and actually kill them.

The White House used the fear of terrorism and the sense of national unity to ram laws through Congress that gave law-enforcement agencies far more power than they truly needed to respond to the threat — and at the same time fulfilled the imperial fantasies of Vice President Dick Cheney and others determined to use the tragedy of 9/11 to arrogate as much power as they could.

Hundreds of men, swept up on the battlefields of Afghanistan and Iraq, were thrown into a prison in Guantánamo Bay, Cuba, so that the White House could claim they were beyond the reach of American laws. Prisoners are held there with no hope of real justice, only the chance to face a kangaroo court where evidence and the names of their accusers are kept secret, and where they are not permitted to talk about the abuse they have suffered at the hands of American jailers.

In other foreign lands, the C.I.A. set up secret jails where “high-value detainees” were subjected to ever more barbaric acts, including simulated drowning. These crimes were videotaped, so that “experts” could watch them, and then the videotapes were destroyed, after consultation with the White House, in the hope that Americans would never know.

The C.I.A. contracted out its inhumanity to nations with no respect for life or law, sending prisoners — some of them innocents kidnapped on street corners and in airports — to be tortured into making false confessions, or until it was clear they had nothing to say and so were let go without any apology or hope of redress.

These are not the only shocking abuses of President Bush’s two terms in office, made in the name of fighting terrorism. There is much more — so much that the next president will have a full agenda simply discovering all the wrongs that have been done and then righting them.

We can only hope that this time, unlike 2004, American voters will have the wisdom to grant the awesome powers of the presidency to someone who has the integrity, principle and decency to use them honorably. Then when we look in the mirror as a nation, we will see, once again, the reflection of the United States of America. ++

Tapes by C.I.A. Lived and Died to Save Image
SCOTT SHANE and MARK MAZZETTI, New York Times
12/30/07

WASHINGTON — If Abu Zubaydah, a senior operative of Al Qaeda, died in American hands, Central Intelligence Agency officers pursuing the terrorist group knew that much of the world would believe they had killed him.

So in the spring of 2002, even as the intelligence officers flew in a surgeon from Johns Hopkins Hospital to treat Abu Zubaydah, who had been shot three times during his capture in Pakistan, they set up video cameras to record his every moment: asleep in his cell, having his bandages changed, being interrogated.

In fact, current and former intelligence officials say, the agency’s every action in the prolonged drama of the interrogation videotapes was prompted in part by worry about how its conduct might be perceived — by Congress, by prosecutors, by the American public and by Muslims worldwide.

That worry drove the decision to begin taping interrogations — and to stop taping just months later, after the treatment of prisoners began to include waterboarding. And it fueled the nearly three-year campaign by the agency’s clandestine service for permission to destroy the tapes, culminating in a November 2005 destruction order from the service’s director, Jose A. Rodriguez Jr.

Now, the disclosure of the tapes and their destruction in 2005 have become just the public spectacle the agency had sought to avoid. To the already fierce controversy over whether the Bush administration authorized torture has been added the specter of a cover-up.

The Justice Department, the C.I.A.’s inspector general and Congress are investigating whether any official lied about the tapes or broke the law by destroying them. Still in dispute is whether any White House official encouraged their destruction and whether the C.I.A. deliberately hid them from the national Sept. 11 commission.

But interviews with two dozen current and former officials, most of whom would speak about the classified program only on the condition of anonymity, revealed new details about why the tapes were made and then eliminated. Their accounts show how political and legal considerations competed with intelligence concerns in the handling of the tapes.

The discussion about the tapes took place in Congressional briefings and secret deliberations among top White House lawyers, including a meeting in May 2004 just days after photographs of abuse at Abu Ghraib prison in Iraq had reminded the administration of the power of such images. The debate stretched over the tenure of two C.I.A. chiefs and became entangled in a feud between the agency’s top lawyers and its inspector general.

The tapes documented a program so closely guarded that President Bush himself had agreed with the advice of intelligence officials that he not be told the locations of the secret C.I.A. prisons. Had there been no political or security considerations, videotaping every interrogation and preserving the tapes would make sense, according to several intelligence officials.

“You couldn’t have more than one or two analysts in the room,” said A. B. Krongard, the C.I.A.’s No. 3 official at the time the interrogations were taped. “You want people with spectacular language skills to watch the tapes. You want your top Al Qaeda experts to watch the tapes. You want psychologists to watch the tapes. You want interrogators in training to watch the tapes.”

Given such advantages, why was the taping stopped by the end of 2002, less than a year after it started?

“By that time,” Mr. Krongard said, “paranoia was setting in.”

The Decision to Tape

By several accounts, the decision to begin taping Abu Zubaydah and another detainee suspected of being a Qaeda operative, Abd al-Rahim al-Nashiri, was made in the field, with several goals in mind.

First, there was Abu Zubaydah’s precarious condition. “There was concern that we needed to have this all documented in case he should expire from his injuries,” recalled one former intelligence official.

Just as important was the fact that for many years the C.I.A. had rarely conducted even standard interrogations, let alone ones involving physical pressure, so officials wanted to track closely the use of legally fraught interrogation methods. And there was interest in capturing all the information to be gleaned from a rare resource — direct testimony from those who had attacked the United States.

But just months later, the taping was stopped. Some field officers had never liked the idea. “If you’re a case officer, the last thing you want is someone in Washington second-guessing everything you did,” said one former agency veteran.

More significant, interrogations of Abu Zubaydah had gotten rougher, with each new tactic approved by cable from headquarters. American officials have said that Abu Zubaydah was the first Qaeda prisoner to be waterboarded, a procedure during which water is poured over the prisoner’s mouth and nose to create a feeling of drowning. Officials said they felt they could not risk a public leak of a videotape showing Americans giving such harsh treatment to bound prisoners.

Heightening the worries about the tapes was word of the first deaths of prisoners in American custody. In November 2002, an Afghan man froze to death overnight while chained in a cell at a C.I.A. site in Afghanistan, north of Kabul, the capital. Two more prisoners died in December 2002 in American military custody at Bagram Air Base in Afghanistan.

By late 2002, interrogators were recycling videotapes, preserving only two days of tapes before recording over them, one C.I.A. officer said. Finally, senior agency officials decided that written summaries of prisoners’ answers would suffice.

Still, that decision left hundreds of hours of videotape of the two Qaeda figures locked in an overseas safe.

Clandestine service officers who had overseen the interrogations began pushing hard to destroy the tapes. But George J. Tenet, then the director of central intelligence, was wary, in part because the agency’s top lawyer, Scott W. Muller, advised against it, current and former officials said.

Yet agency officials decided to float the idea of eliminating the tapes on Capitol Hill, hoping for political cover. In February 2003, Mr. Muller told members of the House and Senate oversight committees about the C.I.A’s interest in destroying the tapes for security reasons.
But both Porter J. Goss, then a Republican congressman from Florida and the chairman of the House Intelligence Committee, and Representative Jane Harman of California, the ranking Democrat, thought destroying the tapes would be legally and politically risky.

C.I.A. officials did not press the matter…

The Detention Program

Scrutiny of the C.I.A.’s secret detention program kept building. Later in 2003, the agency’s inspector general, John L. Helgerson, began investigating the program, and some insiders believed the inquiry might end with criminal charges for abusive interrogations.

Mr. Helgerson — now conducting the videotapes review with the Justice Department — had already rankled covert officers with an investigation into the 2001 shooting down of a missionary plane by Peruvian military officers advised by the C.I.A. The investigation set off widespread concern within the clandestine branch that a day of reckoning could be coming for officers involved in the agency’s secret prison program. The Peru investigation often pitted Mr. Helgerson against Mr. Muller, who vigorously defended members of the clandestine branch and even lobbied the Justice Department to head off criminal charges in the matter, according to former intelligence officials.

“Muller wanted to show the clandestine branch that he was looking out for them,” said John Radsan, who served as an assistant general counsel for the C.I.A. from 2002 to 2004. “And his aggressiveness on Peru was meant to prove to the operations people that they were protected on a lot of other programs, too.”

Mr. Helgerson completed his investigation of interrogations in April 2004, according to one person briefed on the still-secret report, which concluded that some of the C.I.A.’s techniques appeared to constitute cruel, inhuman and degrading treatment under the international Convention Against Torture. Current and former officials said the report did not explicitly state that the methods were torture.

A month later, as the administration reeled from the Abu Ghraib disclosures, Mr. Muller, the agency general counsel, met to discuss the report with three senior lawyers at the White House: Alberto R. Gonzales, the White House counsel; David S. Addington, legal adviser for Vice President Dick Cheney; and John B. Bellinger III, the top lawyer at the National Security Council.

The interrogation tapes were discussed at the meeting, and one Bush administration official said that, according to notes of the discussion, Mr. Bellinger advised the C.I.A. against destroying the tapes. The positions Mr. Gonzales and Mr. Addington took are unknown. One person familiar with the discussion said that in light of concerns raised in the inspector general’s report that agency officers could be legally liable for harsh interrogations, there was a view at the time among some administration lawyers that the tapes should be preserved.

Looking for Guidance

After Mr. Tenet and Mr. Muller left the C.I.A. in mid-2004, Mr. Rodriguez and other officials from the clandestine branch decided again to take up the tapes with the new chief at Langley, Mr. Goss, the former congressman.

Mr. Rodriguez had taken over the clandestine directorate in late 2004, and colleagues say Mr. Goss repeatedly emphasized to Mr. Rodriguez that he was expected to run operations without clearing every decision with superiors.

During a meeting in Mr. Goss’s office with Mr. Rodriguez, John A. Rizzo, who by then had replaced Mr. Muller as the agency’s top lawyer, told the new C.I.A. director that the clandestine branch wanted a firm decision about what to do with the tapes.

According to two people close to Mr. Goss, he advised against destroying the tapes, as he had in Congress, and told Mr. Rizzo and Mr. Rodriguez that he thought the tapes should be preserved at the overseas location. Apparently he did not explicitly prohibit the tapes’ destruction.

Yet in November 2005, Congress already was moving to outlaw “cruel, inhuman and degrading” treatment of prisoners, and The Washington Post reported that some C.I.A. prisoners were being held in Eastern Europe. As the agency scrambled to move the prisoners to new locations, Mr. Rodriguez and his aides decided to use their own authority to destroy the tapes, officials said.

One official who has spoken with Mr. Rodriguez said Mr. Rodriguez and his aides were concerned about protection of the C.I.A. officers on the tapes, from Al Qaeda, as the C.I.A. has stated, and from political pressure.

The tapes might visually identify as many as five or six people present for each interrogation — interrogators themselves, whom the agency now prefers to call “debriefers”; doctors or doctor’s assistants who monitored the prisoner’s medical state; and security officers, the official said. Some traveled regularly in and out of areas where Al Qaeda and other Islamist extremists are active, he said.

Apart from concerns about physical safety in the event of a leak, the official said, there was concern for the careers of officers shown on the tapes. “We didn’t want them to become political scapegoats,” he said.

According to several current and former officials, lawyers in the agency’s clandestine branch gave Mr. Rodriguez written guidance that he had the authority to destroy the tapes and that such a move would not be illegal.

One day in November 2005, Mr. Rodriguez sent a cable ordering the destruction of the recordings. Soon afterward, he notified both Mr. Goss and Mr. Rizzo, taking full responsibility for the decision.

Former intelligence officials said that Mr. Goss was unhappy about the news, in part because it was further evidence that as the C.I.A. director he was so weakened that his subordinates would directly reject his advice. Yet it appears that Mr. Rodriguez was never reprimanded. Nor is there evidence that Mr. Goss promptly notified Congress that the tapes were gone.

The investigations over the tapes frustrate some C.I.A. veterans, who say they believe that the agency is being unfairly blamed for policies of coercive interrogation approved at the top of the Bush administration and by some Congressional leaders. Intelligence officers are divided over the use of such methods as waterboarding. Some say the methods helped get information that prevented terrorist attacks. Others, like John C. Gannon, a former C.I.A. deputy director, say it was a tragic mistake for the administration to approve such methods.

Mr. Gannon said he thought the tapes became such an issue because they would have settled the legal debate over the harsh methods.

“To a spectator it would look like torture,” he said. “And torture is wrong.” ++

Oligarchical decay
Glenn Greenwald, Salon
Sunday December 30, 2007

A new lengthy article in this morning’s New York Times purports to set forth “new details about why the [CIA interrogation] tapes were made and then eliminated.” Written by Scott Shane and Mark Mazzetti (who broke the original story), what the article primarily does is rely on anonymous sources to assign principal responsibility for the tapes’ destruction to mid-level CIA official Jose Rodriguez. But in doing so, the article identifies, in passing, the critical question that remains unanswered: what was the involvement of George Bush and Dick Cheney in the videos’ destruction?

    Scrutiny of the C.I.A.’s secret detention program kept building. Later in 2003, the agency’s inspector general, John L. Helgerson, began investigating the program, and some insiders believed the inquiry might end with criminal charges for abusive interrogations.

    Mr. Helgerson completed his investigation of interrogations in April 2004, according to one person briefed on the still-secret report, which concluded that some of the C.I.A.’s techniques appeared to constitute cruel, inhuman and degrading treatment under the international Convention Against Torture. Current and former officials said the report did not explicitly state that the methods were torture.

    A month later, as the administration reeled from the Abu Ghraib disclosures, Mr. Muller, the agency general counsel, met to discuss the report with three senior lawyers at the White House: Alberto R. Gonzales, the White House counsel; David S. Addington, legal adviser for Vice President Dick Cheney; and John B. Bellinger III, the top lawyer at the National Security Council.

    The interrogation tapes were discussed at the meeting, and one Bush administration official said that, according to notes of the discussion, Mr. Bellinger advised the C.I.A. against destroying the tapes. The positions Mr. Gonzales and Mr. Addington took are unknown. One person familiar with the discussion said that in light of concerns raised in the inspector general’s report that agency officers could be legally liable for harsh interrogations, there was a view at the time among some administration lawyers that the tapes should be preserved.

Shane and Mazetti previously reported that “several administration and intelligence officials provided conflicting accounts as to whether anyone at the White House expressed support for the idea that the tapes should be destroyed.” In that article, they quoted one senior intelligence official “with direct knowledge of the matter [who] said there had been ‘vigorous sentiment’ among some top White House officials to destroy the tapes.” The White House has simply refused to say whether they were behind the decision.

Just consider how significant that question is, and how striking it is that it remains unanswered. By the time Addington and Gonzales were discussing this matter, it was well known — obvious — that those interrogations tapes were critically relevant to a number of judicial proceedings and government investigations, including The 9/11 Commission’s. It is thus highly likely, to put it mildly, that any decision to destroy that evidence would constitute the crime of obstruction of justice, the same federal felony for which Lewis Libby has now (in a different matter) been convicted.

And here are the two top legal aides to the President and the Vice President participating in a meeting where the destruction of this vital evidence was expressly considered, yet we do not know what it is that they said. Did they advise that the tapes be destroyed or give implicit permission for it? If so, it very likely means that Bush and/or Cheney (and certainly their top aides) committed serious felonies.

But does anyone really believe that we’re going to find out the answers to those questions any time soon? And even if we did find out the answers, and even if they were incriminating, does anyone believe that there would ever be any consequences, any accountability, for this wrongdoing by anyone above a mid-level position of responsibility, such as Rodriguez?
* * * * *

In case after case, our political establishment has adopted the “principle” that our most powerful actors are immune from the rule of law. And they’ve adopted the enabling supplemental “principle” that any information which our political leaders want to keep suppressed is — by definition, for that reason alone — information that is “classified” and should not be disclosed.

The instruments used to secure these prerogatives are numerous and growing. Slate’s Dahlia Lithwick this week summarized the Bush administration’s 10 most egregious legal inventions to enable lawbreaking, including the “states secrets privilege” which has now “has ballooned into a doctrine of blanket immunity for any conduct the administration wishes to hide” and the claim that “everyone who has ever spoken to the president about anything is barred from congressional testimony by executive privilege.” All of these developments have a common strain, a shared objective: ensuring that our highest political officials and our most powerful corporations are beyond the reach of the law.

Thus, our establishment believes that any information that would shed light on whether our most powerful actors have broken the law is information that shouldn’t be disclosed. In those accidental cases when — via unauthorized leaks — information is disclosed that demonstrates that crimes have been committed, our establishment bands together to insist that nothing be done, that there is no need to investigate or hold anyone accountable, and that the only real wrongdoing is by those “leakers” who disclosed the lawbreaking.

This is the same pattern seen over and over: leakers reveal that Bush broke the law for years by spying on Americans without the warrants required by law, and every investigation — legislative and judicial — is successfully blocked, and Congress then moves to legalize the lawbreaking. The top aide to Bush and Cheney, Lewis Libby, is found unanimously by a 12-person jury to have lied deliberately with the intent of blocking an FBI and Grand Jury investigation into illegal leaks and is sentenced by a conservative judge to prison, yet is protected from jail time by the President while our media and political establishment cheer almost unanimously.

Our largest telecommunication corporations reap huge profits by brazenly violating numerous, long-standing federal laws (.pdf) for years by enabling government access to our communications without any judicial approval, and our political establishment bands together to demand that they be protected from any consequences and that any efforts to uncover what happened be squelched. Our government implements a secret torture regime that violates numerous laws and treaties and Congress acts to legalize it and provide retroactive immunity to the lawbreakers. Congress subpoenas numerous officials to find out why 9 federal prosecutors were fired and, when the subpoenas are literally ignored, nothing happens.

And now, our government just destroys evidence crucial both to all sorts of court proceedings and a comprehensive investigation into the worst attack on U.S. soil in our history — part and parcel of its general pattern of destroying or “losing” key evidence — and the Honorable, Independent Attorney General tells both the legislative and judicial branches that they have no right even to investigate. And although we know for a fact that the top aides to both Bush and Cheney were involved in discussions of whether the tapes should be destroyed, we have no idea what they said and are unlikely ever to know, and even if we did find out, it’s impossible to envision anything happening as a result.
* * * * *

And thus we have a perfect oligarchical system in which, literally, our most powerful and well-connected elite are free to break the law with impunity, exempt from any consequences. While exempting themselves, these same figures impose increasingly Draconian “law and order” solutions on the masses to ensure that even small infractions of the law prompt vigorous prosecution and inflexible, lengthy prison terms.

As Matt Stoller recently noted in an excellent post on the bipartisan orthodoxies that are untouchable in political debates, “there are 1 million people put in jail for doing what Barack Obama, Bill Clinton, and George Bush have done” (buying and consuming illegal drugs) and “2 million people are in prison in America, by far the highest total of any other country in the world.” It’s almost impossible for the non-rich to defend themselves effectively against government accusations of criminality, and judges have increasingly less sentencing discretion to avoid imposing harsh jail terms. Punishment for crimes is for the masses only, not for members in good standing of our political and corporate establishment.

Where our political elite break the law, our leading media stars and pundits fulfill their central purpose by dutifully arguing that establishment figures who have broken the law have done nothing wrong and deserve protection, even our gratitude, when they do so. In the view of our establishment, even mere civil liability — never mind criminal punishment — is deeply unfair when imposed on lawbreaking corporations, as we see in the “debate” over telecom immunity.

This same warped principle is also expressed in how our establishment scorns the work John Edwards did in representing maimed or dead individuals against the corporations which, through recklessness or negligence, destroyed their lives. From a letter from Theodore Frank of the American Enterprise Institute to the New York Times today (h/t Jay Diamond):

    There is a critical distinction between Mitt Romney’s and John Edwards’s wealth. Mr. Romney, as a businessman, made investments that created wealth. Mr. Edwards, as a trial lawyer, made his money through lawsuits that merely took from one pocket and gave to another, and probably destroyed wealth in the process. (Mr. Edwards’s multimillion-dollar medical malpractice verdicts almost certainly hurt the quality of health care in North Carolina.)

    Little wonder that Mr. Romney understands that to improve the economy, one needs to expand the pie, while Mr. Edwards’s policy proposals focus entirely on the redistribution of the existing pie without thought for the future adverse consequences to the size of the pie.

Anything that results in accountability for our largest corporations is inherently bad, even when they’re found under our legal system to have broken the law or acted recklessly. Thus, John Edwards’ self-made wealth is deeply dishonorable and shameful because it came at the expense of our largest corporations and on behalf of the poor and dirty masses, while Mitt Romeny’s wealth, spawned by his CEO-father’s connections, is to be honored and praised because it benefited our establishment and was on behalf of our glorious elite.

Naturally, our establishment sees itself as Good, and thus, whatever their most powerful leaders do — even when illegal — is never really bad. It can’t be, because they do it. Hence, George Bush’s and Lewis Libby’s felonies aren’t really like the felonies of the “drug dealers” and the other street dirt. Neither the Law nor Jail are for the clean, good, upstanding establishment members, so sayeth Jay Rockefeller and Fred Hiatt and Joe Klein and David Ignatius and the rest.
* * * * *

Most revealing of all, anyone who insists that this should be different — anyone who believes that our highest political officials and largest corporations should be held accountable when they break the law — is a shrill “partisan,” bent on vengeance and Guilty of obstructionism: trying to prevent the political establishment from operating in a harmonious, bipartisan manner to do their Important Work. At least under the Bush presidency, investigations into wrongdoing are bad and disruptive and mean-spirited, and calls for consequences for illegal behavior are shrill and nasty.

Digby yesterday analyzed the sudden emergence of the Bipartisan Centrism fetishists — the David Borens and Sam Nunns and David Broders and other old System Guardians who are threatening to back the third-party candidacy of Michael Bloomberg unless they quickly see more “bipartisanship.” As Digby notes — and one should read her whole post — these Harmony Mavens were nowhere to be found during the last six years when our government was fully controlled by a one-party machine that did what it wanted without the slightest consequence.

Only now that the prospect has emerged — however small and remote it is — that there appears to be some rumblings of dissatisfaction among the masses over the deep corruption pervading every pore of our establishment are they now decreeing that we need Harmony and Bipartisan Cooperation:

    I wrote about it right after the 2006 election — as soon as the Republicans lost power, I knew the gasbags would insist that it’s time to let bygones be bygones and meet the Republicans halfway in the spirit of a new beginning. GOP politicians have driven the debt sky-high and altered the government so as to be nearly unrecognizable, so logically the Democrats need to extend the hand of conciliation and move to meet them in the middle — the middle now being so far right, it isn’t even fully visible anymore.

Digby’s right that this is an effort to enforce establishment-protecting ideological orthodoxies. The campaigns of Edwards, Mike Hucakbee and Ron Paul each, in their own ways, signify that there is some intense unrest and deep dissatisfaction with our political establishment, and this has to be quashed by the concealing device known as “bipartisanship.” But it is also an attempt to ensure that nothing of any significance is exposed, that none of the lawbreaking and corruption of the last six years — which they all enabled and cheered on — sees the light of day.

There is a mildly increased desperation that is palpable among our political and media elites to protect and defend their system. The extent of their wrongdoing over the last several years — political, legal and economic — is so extreme that the potential for upheaval in the event of accountability is extreme as well. Their chief weapon to protect those privileges is immunity from the rule of law, and most of our political controversies — over presidential power and state secrets and executive privilege and torture and eavesdropping and these CIA videos — really share the same root: the effort of the establishment to maintain their immunity from impropriety-exposing legal proceedings and, thus, from political consequences.

Just as the warantless eavesropping revelations did, the CIA video scandal presents an extremely clear and straightforward case of serious lawbreaking by our highest government officials. It’s far less complex and far more serious than the scandals that brought down Richard Nixon. That a rational person would be highly skeptical about the prospects that we will find out what happened, let alone that there will be consequences for any of it, is pretty compelling evidence of the kind of country we are becoming.

UPDATE: On a not unrelated note, the annual survey of worldwide privacy rights conducted by Privacy International and EPIC has been released for 2007, and the U.S. has been downgraded from “Extensive Surveillance Society” to “Endemic Surveillance Society,” the worst possible category there is for privacy protections, the category also occupied by countries such as China, Russia, Singapore and Malaysia. The survey uses a variety of objective factors to determine the extent of privacy protections citizens enjoy from their government, and the U.S. now finishes at the bottom for obvious reasons.

Evidence that we are becoming a lawless surveillance state is abundant. But let’s forget all of that and figure out how we can best micro-manage the internal affairs of Pakistan and Iraq and Russia and Iran so that we can preserve Freedom and Democracy for the world. ++

“So keep fightin’ for freedom and justice, beloveds, but don’t you forget to have fun doin’ it. Lord, let your laughter ring forth. Be outrageous, ridicule the fraidy-cats, rejoice in all the oddities that freedom can produce. And when you get through kickin’ ass and celebratin’ the sheer joy of a good fight, be sure to tell those who come after how much fun it was.”
~ Molly Ivins, 1944 - 2007

In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

Entry Filed under: Political Waves

Behind Closed Doors

December 31st, 2007

They knew, we didn’t — they wanted it that way. They knew it was wrong even as they did it — but they didn’t care. When it comes to torture and clandestine ops, what else is there to say?

We might discuss that we elect these people — that we provide their income — that we disapprove their actions — that most of what they do is immoral, if not completely illegal.

We might. Perhaps we will, and loudly, in the year ahead.

Here are three excellent reads that leave no doubt in your mind about who the Bushies are — and as miffed as I am at the New York Times* for hiring on NeoCon hack, William Kristol, as a columnist, I welcome their editorial today. Then a Times weekend piece that is causing the dust to rise in the torture-tape revelations, followed by Glenn Greenwald’s analysis.

They knew — that’s all there is to say.

Jude

* CNN has been taking it in the shorts recently for their descent into tabloid trashiness, due to the loud, insistent voices of Lou Dobbs and Glen Beck … hate talk will get you ratings but not respect. The same goes for Kristol — this is one of the voices that led us into chaos, and giving him a cushy platform to continue his pontifications will garner readers, but no accolades. As usual, with MSM of any kind, the bottom line is bucks.

Looking at America
New York Times editorial
December 31, 2007

There are too many moments these days when we cannot recognize our country. Sunday was one of them, as we read the account in The Times of how men in some of the most trusted posts in the nation plotted to cover up the torture of prisoners by Central Intelligence Agency interrogators by destroying videotapes of their sickening behavior. It was impossible to see the founding principles of the greatest democracy in the contempt these men and their bosses showed for the Constitution, the rule of law and human decency.

It was not the first time in recent years we’ve felt this horror, this sorrowful sense of estrangement, not nearly. This sort of lawless behavior has become standard practice since Sept. 11, 2001.

The country and much of the world was rightly and profoundly frightened by the single-minded hatred and ingenuity displayed by this new enemy. But there is no excuse for how President Bush and his advisers panicked — how they forgot that it is their responsibility to protect American lives and American ideals, that there really is no safety for Americans or their country when those ideals are sacrificed.

Out of panic and ideology, President Bush squandered America’s position of moral and political leadership, swept aside international institutions and treaties, sullied America’s global image, and trampled on the constitutional pillars that have supported our democracy through the most terrifying and challenging times. These policies have fed the world’s anger and alienation and have not made any of us safer.

In the years since 9/11, we have seen American soldiers abuse, sexually humiliate, torment and murder prisoners in Afghanistan and Iraq. A few have been punished, but their leaders have never been called to account. We have seen mercenaries gun down Iraqi civilians with no fear of prosecution. We have seen the president, sworn to defend the Constitution, turn his powers on his own citizens, authorizing the intelligence agencies to spy on Americans, wiretapping phones and intercepting international e-mail messages without a warrant.

We have read accounts of how the government’s top lawyers huddled in secret after the attacks in New York and Washington and plotted ways to circumvent the Geneva Conventions — and both American and international law — to hold anyone the president chose indefinitely without charges or judicial review.

Those same lawyers then twisted other laws beyond recognition to allow Mr. Bush to turn intelligence agents into torturers, to force doctors to abdicate their professional oaths and responsibilities to prepare prisoners for abuse, and then to monitor the torment to make sure it didn’t go just a bit too far and actually kill them.

The White House used the fear of terrorism and the sense of national unity to ram laws through Congress that gave law-enforcement agencies far more power than they truly needed to respond to the threat — and at the same time fulfilled the imperial fantasies of Vice President Dick Cheney and others determined to use the tragedy of 9/11 to arrogate as much power as they could.

Hundreds of men, swept up on the battlefields of Afghanistan and Iraq, were thrown into a prison in Guantánamo Bay, Cuba, so that the White House could claim they were beyond the reach of American laws. Prisoners are held there with no hope of real justice, only the chance to face a kangaroo court where evidence and the names of their accusers are kept secret, and where they are not permitted to talk about the abuse they have suffered at the hands of American jailers.

In other foreign lands, the C.I.A. set up secret jails where “high-value detainees” were subjected to ever more barbaric acts, including simulated drowning. These crimes were videotaped, so that “experts” could watch them, and then the videotapes were destroyed, after consultation with the White House, in the hope that Americans would never know.

The C.I.A. contracted out its inhumanity to nations with no respect for life or law, sending prisoners — some of them innocents kidnapped on street corners and in airports — to be tortured into making false confessions, or until it was clear they had nothing to say and so were let go without any apology or hope of redress.

These are not the only shocking abuses of President Bush’s two terms in office, made in the name of fighting terrorism. There is much more — so much that the next president will have a full agenda simply discovering all the wrongs that have been done and then righting them.

We can only hope that this time, unlike 2004, American voters will have the wisdom to grant the awesome powers of the presidency to someone who has the integrity, principle and decency to use them honorably. Then when we look in the mirror as a nation, we will see, once again, the reflection of the United States of America. ++

Tapes by C.I.A. Lived and Died to Save Image
SCOTT SHANE and MARK MAZZETTI, New York Times
12/30/07

WASHINGTON — If Abu Zubaydah, a senior operative of Al Qaeda, died in American hands, Central Intelligence Agency officers pursuing the terrorist group knew that much of the world would believe they had killed him.

So in the spring of 2002, even as the intelligence officers flew in a surgeon from Johns Hopkins Hospital to treat Abu Zubaydah, who had been shot three times during his capture in Pakistan, they set up video cameras to record his every moment: asleep in his cell, having his bandages changed, being interrogated.

In fact, current and former intelligence officials say, the agency’s every action in the prolonged drama of the interrogation videotapes was prompted in part by worry about how its conduct might be perceived — by Congress, by prosecutors, by the American public and by Muslims worldwide.

That worry drove the decision to begin taping interrogations — and to stop taping just months later, after the treatment of prisoners began to include waterboarding. And it fueled the nearly three-year campaign by the agency’s clandestine service for permission to destroy the tapes, culminating in a November 2005 destruction order from the service’s director, Jose A. Rodriguez Jr.

Now, the disclosure of the tapes and their destruction in 2005 have become just the public spectacle the agency had sought to avoid. To the already fierce controversy over whether the Bush administration authorized torture has been added the specter of a cover-up.

The Justice Department, the C.I.A.’s inspector general and Congress are investigating whether any official lied about the tapes or broke the law by destroying them. Still in dispute is whether any White House official encouraged their destruction and whether the C.I.A. deliberately hid them from the national Sept. 11 commission.

But interviews with two dozen current and former officials, most of whom would speak about the classified program only on the condition of anonymity, revealed new details about why the tapes were made and then eliminated. Their accounts show how political and legal considerations competed with intelligence concerns in the handling of the tapes.

The discussion about the tapes took place in Congressional briefings and secret deliberations among top White House lawyers, including a meeting in May 2004 just days after photographs of abuse at Abu Ghraib prison in Iraq had reminded the administration of the power of such images. The debate stretched over the tenure of two C.I.A. chiefs and became entangled in a feud between the agency’s top lawyers and its inspector general.

The tapes documented a program so closely guarded that President Bush himself had agreed with the advice of intelligence officials that he not be told the locations of the secret C.I.A. prisons. Had there been no political or security considerations, videotaping every interrogation and preserving the tapes would make sense, according to several intelligence officials.

“You couldn’t have more than one or two analysts in the room,” said A. B. Krongard, the C.I.A.’s No. 3 official at the time the interrogations were taped. “You want people with spectacular language skills to watch the tapes. You want your top Al Qaeda experts to watch the tapes. You want psychologists to watch the tapes. You want interrogators in training to watch the tapes.”

Given such advantages, why was the taping stopped by the end of 2002, less than a year after it started?

“By that time,” Mr. Krongard said, “paranoia was setting in.”

The Decision to Tape

By several accounts, the decision to begin taping Abu Zubaydah and another detainee suspected of being a Qaeda operative, Abd al-Rahim al-Nashiri, was made in the field, with several goals in mind.

First, there was Abu Zubaydah’s precarious condition. “There was concern that we needed to have this all documented in case he should expire from his injuries,” recalled one former intelligence official.

Just as important was the fact that for many years the C.I.A. had rarely conducted even standard interrogations, let alone ones involving physical pressure, so officials wanted to track closely the use of legally fraught interrogation methods. And there was interest in capturing all the information to be gleaned from a rare resource — direct testimony from those who had attacked the United States.

But just months later, the taping was stopped. Some field officers had never liked the idea. “If you’re a case officer, the last thing you want is someone in Washington second-guessing everything you did,” said one former agency veteran.

More significant, interrogations of Abu Zubaydah had gotten rougher, with each new tactic approved by cable from headquarters. American officials have said that Abu Zubaydah was the first Qaeda prisoner to be waterboarded, a procedure during which water is poured over the prisoner’s mouth and nose to create a feeling of drowning. Officials said they felt they could not risk a public leak of a videotape showing Americans giving such harsh treatment to bound prisoners.

Heightening the worries about the tapes was word of the first deaths of prisoners in American custody. In November 2002, an Afghan man froze to death overnight while chained in a cell at a C.I.A. site in Afghanistan, north of Kabul, the capital. Two more prisoners died in December 2002 in American military custody at Bagram Air Base in Afghanistan.

By late 2002, interrogators were recycling videotapes, preserving only two days of tapes before recording over them, one C.I.A. officer said. Finally, senior agency officials decided that written summaries of prisoners’ answers would suffice.

Still, that decision left hundreds of hours of videotape of the two Qaeda figures locked in an overseas safe.

Clandestine service officers who had overseen the interrogations began pushing hard to destroy the tapes. But George J. Tenet, then the director of central intelligence, was wary, in part because the agency’s top lawyer, Scott W. Muller, advised against it, current and former officials said.

Yet agency officials decided to float the idea of eliminating the tapes on Capitol Hill, hoping for political cover. In February 2003, Mr. Muller told members of the House and Senate oversight committees about the C.I.A’s interest in destroying the tapes for security reasons.
But both Porter J. Goss, then a Republican congressman from Florida and the chairman of the House Intelligence Committee, and Representative Jane Harman of California, the ranking Democrat, thought destroying the tapes would be legally and politically risky.

C.I.A. officials did not press the matter…

The Detention Program

Scrutiny of the C.I.A.’s secret detention program kept building. Later in 2003, the agency’s inspector general, John L. Helgerson, began investigating the program, and some insiders believed the inquiry might end with criminal charges for abusive interrogations.

Mr. Helgerson — now conducting the videotapes review with the Justice Department — had already rankled covert officers with an investigation into the 2001 shooting down of a missionary plane by Peruvian military officers advised by the C.I.A. The investigation set off widespread concern within the clandestine branch that a day of reckoning could be coming for officers involved in the agency’s secret prison program. The Peru investigation often pitted Mr. Helgerson against Mr. Muller, who vigorously defended members of the clandestine branch and even lobbied the Justice Department to head off criminal charges in the matter, according to former intelligence officials.

“Muller wanted to show the clandestine branch that he was looking out for them,” said John Radsan, who served as an assistant general counsel for the C.I.A. from 2002 to 2004. “And his aggressiveness on Peru was meant to prove to the operations people that they were protected on a lot of other programs, too.”

Mr. Helgerson completed his investigation of interrogations in April 2004, according to one person briefed on the still-secret report, which concluded that some of the C.I.A.’s techniques appeared to constitute cruel, inhuman and degrading treatment under the international Convention Against Torture. Current and former officials said the report did not explicitly state that the methods were torture.

A month later, as the administration reeled from the Abu Ghraib disclosures, Mr. Muller, the agency general counsel, met to discuss the report with three senior lawyers at the White House: Alberto R. Gonzales, the White House counsel; David S. Addington, legal adviser for Vice President Dick Cheney; and John B. Bellinger III, the top lawyer at the National Security Council.

The interrogation tapes were discussed at the meeting, and one Bush administration official said that, according to notes of the discussion, Mr. Bellinger advised the C.I.A. against destroying the tapes. The positions Mr. Gonzales and Mr. Addington took are unknown. One person familiar with the discussion said that in light of concerns raised in the inspector general’s report that agency officers could be legally liable for harsh interrogations, there was a view at the time among some administration lawyers that the tapes should be preserved.

Looking for Guidance

After Mr. Tenet and Mr. Muller left the C.I.A. in mid-2004, Mr. Rodriguez and other officials from the clandestine branch decided again to take up the tapes with the new chief at Langley, Mr. Goss, the former congressman.

Mr. Rodriguez had taken over the clandestine directorate in late 2004, and colleagues say Mr. Goss repeatedly emphasized to Mr. Rodriguez that he was expected to run operations without clearing every decision with superiors.

During a meeting in Mr. Goss’s office with Mr. Rodriguez, John A. Rizzo, who by then had replaced Mr. Muller as the agency’s top lawyer, told the new C.I.A. director that the clandestine branch wanted a firm decision about what to do with the tapes.

According to two people close to Mr. Goss, he advised against destroying the tapes, as he had in Congress, and told Mr. Rizzo and Mr. Rodriguez that he thought the tapes should be preserved at the overseas location. Apparently he did not explicitly prohibit the tapes’ destruction.

Yet in November 2005, Congress already was moving to outlaw “cruel, inhuman and degrading” treatment of prisoners, and The Washington Post reported that some C.I.A. prisoners were being held in Eastern Europe. As the agency scrambled to move the prisoners to new locations, Mr. Rodriguez and his aides decided to use their own authority to destroy the tapes, officials said.

One official who has spoken with Mr. Rodriguez said Mr. Rodriguez and his aides were concerned about protection of the C.I.A. officers on the tapes, from Al Qaeda, as the C.I.A. has stated, and from political pressure.

The tapes might visually identify as many as five or six people present for each interrogation — interrogators themselves, whom the agency now prefers to call “debriefers”; doctors or doctor’s assistants who monitored the prisoner’s medical state; and security officers, the official said. Some traveled regularly in and out of areas where Al Qaeda and other Islamist extremists are active, he said.

Apart from concerns about physical safety in the event of a leak, the official said, there was concern for the careers of officers shown on the tapes. “We didn’t want them to become political scapegoats,” he said.

According to several current and former officials, lawyers in the agency’s clandestine branch gave Mr. Rodriguez written guidance that he had the authority to destroy the tapes and that such a move would not be illegal.

One day in November 2005, Mr. Rodriguez sent a cable ordering the destruction of the recordings. Soon afterward, he notified both Mr. Goss and Mr. Rizzo, taking full responsibility for the decision.

Former intelligence officials said that Mr. Goss was unhappy about the news, in part because it was further evidence that as the C.I.A. director he was so weakened that his subordinates would directly reject his advice. Yet it appears that Mr. Rodriguez was never reprimanded. Nor is there evidence that Mr. Goss promptly notified Congress that the tapes were gone.

The investigations over the tapes frustrate some C.I.A. veterans, who say they believe that the agency is being unfairly blamed for policies of coercive interrogation approved at the top of the Bush administration and by some Congressional leaders. Intelligence officers are divided over the use of such methods as waterboarding. Some say the methods helped get information that prevented terrorist attacks. Others, like John C. Gannon, a former C.I.A. deputy director, say it was a tragic mistake for the administration to approve such methods.

Mr. Gannon said he thought the tapes became such an issue because they would have settled the legal debate over the harsh methods.

“To a spectator it would look like torture,” he said. “And torture is wrong.” ++

Oligarchical decay
Glenn Greenwald, Salon
Sunday December 30, 2007

A new lengthy article in this morning’s New York Times purports to set forth “new details about why the [CIA interrogation] tapes were made and then eliminated.” Written by Scott Shane and Mark Mazzetti (who broke the original story), what the article primarily does is rely on anonymous sources to assign principal responsibility for the tapes’ destruction to mid-level CIA official Jose Rodriguez. But in doing so, the article identifies, in passing, the critical question that remains unanswered: what was the involvement of George Bush and Dick Cheney in the videos’ destruction?

    Scrutiny of the C.I.A.’s secret detention program kept building. Later in 2003, the agency’s inspector general, John L. Helgerson, began investigating the program, and some insiders believed the inquiry might end with criminal charges for abusive interrogations.

    Mr. Helgerson completed his investigation of interrogations in April 2004, according to one person briefed on the still-secret report, which concluded that some of the C.I.A.’s techniques appeared to constitute cruel, inhuman and degrading treatment under the international Convention Against Torture. Current and former officials said the report did not explicitly state that the methods were torture.

    A month later, as the administration reeled from the Abu Ghraib disclosures, Mr. Muller, the agency general counsel, met to discuss the report with three senior lawyers at the White House: Alberto R. Gonzales, the White House counsel; David S. Addington, legal adviser for Vice President Dick Cheney; and John B. Bellinger III, the top lawyer at the National Security Council.

    The interrogation tapes were discussed at the meeting, and one Bush administration official said that, according to notes of the discussion, Mr. Bellinger advised the C.I.A. against destroying the tapes. The positions Mr. Gonzales and Mr. Addington took are unknown. One person familiar with the discussion said that in light of concerns raised in the inspector general’s report that agency officers could be legally liable for harsh interrogations, there was a view at the time among some administration lawyers that the tapes should be preserved.

Shane and Mazetti previously reported that “several administration and intelligence officials provided conflicting accounts as to whether anyone at the White House expressed support for the idea that the tapes should be destroyed.” In that article, they quoted one senior intelligence official “with direct knowledge of the matter [who] said there had been ‘vigorous sentiment’ among some top White House officials to destroy the tapes.” The White House has simply refused to say whether they were behind the decision.

Just consider how significant that question is, and how striking it is that it remains unanswered. By the time Addington and Gonzales were discussing this matter, it was well known — obvious — that those interrogations tapes were critically relevant to a number of judicial proceedings and government investigations, including The 9/11 Commission’s. It is thus highly likely, to put it mildly, that any decision to destroy that evidence would constitute the crime of obstruction of justice, the same federal felony for which Lewis Libby has now (in a different matter) been convicted.

And here are the two top legal aides to the President and the Vice President participating in a meeting where the destruction of this vital evidence was expressly considered, yet we do not know what it is that they said. Did they advise that the tapes be destroyed or give implicit permission for it? If so, it very likely means that Bush and/or Cheney (and certainly their top aides) committed serious felonies.

But does anyone really believe that we’re going to find out the answers to those questions any time soon? And even if we did find out the answers, and even if they were incriminating, does anyone believe that there would ever be any consequences, any accountability, for this wrongdoing by anyone above a mid-level position of responsibility, such as Rodriguez?
* * * * *

In case after case, our political establishment has adopted the “principle” that our most powerful actors are immune from the rule of law. And they’ve adopted the enabling supplemental “principle” that any information which our political leaders want to keep suppressed is — by definition, for that reason alone — information that is “classified” and should not be disclosed.

The instruments used to secure these prerogatives are numerous and growing. Slate’s Dahlia Lithwick this week summarized the Bush administration’s 10 most egregious legal inventions to enable lawbreaking, including the “states secrets privilege” which has now “has ballooned into a doctrine of blanket immunity for any conduct the administration wishes to hide” and the claim that “everyone who has ever spoken to the president about anything is barred from congressional testimony by executive privilege.” All of these developments have a common strain, a shared objective: ensuring that our highest political officials and our most powerful corporations are beyond the reach of the law.

Thus, our establishment believes that any information that would shed light on whether our most powerful actors have broken the law is information that shouldn’t be disclosed. In those accidental cases when — via unauthorized leaks — information is disclosed that demonstrates that crimes have been committed, our establishment bands together to insist that nothing be done, that there is no need to investigate or hold anyone accountable, and that the only real wrongdoing is by those “leakers” who disclosed the lawbreaking.

This is the same pattern seen over and over: leakers reveal that Bush broke the law for years by spying on Americans without the warrants required by law, and every investigation — legislative and judicial — is successfully blocked, and Congress then moves to legalize the lawbreaking. The top aide to Bush and Cheney, Lewis Libby, is found unanimously by a 12-person jury to have lied deliberately with the intent of blocking an FBI and Grand Jury investigation into illegal leaks and is sentenced by a conservative judge to prison, yet is protected from jail time by the President while our media and political establishment cheer almost unanimously.

Our largest telecommunication corporations reap huge profits by brazenly violating numerous, long-standing federal laws (.pdf) for years by enabling government access to our communications without any judicial approval, and our political establishment bands together to demand that they be protected from any consequences and that any efforts to uncover what happened be squelched. Our government implements a secret torture regime that violates numerous laws and treaties and Congress acts to legalize it and provide retroactive immunity to the lawbreakers. Congress subpoenas numerous officials to find out why 9 federal prosecutors were fired and, when the subpoenas are literally ignored, nothing happens.

And now, our government just destroys evidence crucial both to all sorts of court proceedings and a comprehensive investigation into the worst attack on U.S. soil in our history — part and parcel of its general pattern of destroying or “losing” key evidence — and the Honorable, Independent Attorney General tells both the legislative and judicial branches that they have no right even to investigate. And although we know for a fact that the top aides to both Bush and Cheney were involved in discussions of whether the tapes should be destroyed, we have no idea what they said and are unlikely ever to know, and even if we did find out, it’s impossible to envision anything happening as a result.
* * * * *

And thus we have a perfect oligarchical system in which, literally, our most powerful and well-connected elite are free to break the law with impunity, exempt from any consequences. While exempting themselves, these same figures impose increasingly Draconian “law and order” solutions on the masses to ensure that even small infractions of the law prompt vigorous prosecution and inflexible, lengthy prison terms.

As Matt Stoller recently noted in an excellent post on the bipartisan orthodoxies that are untouchable in political debates, “there are 1 million people put in jail for doing what Barack Obama, Bill Clinton, and George Bush have done” (buying and consuming illegal drugs) and “2 million people are in prison in America, by far the highest total of any other country in the world.” It’s almost impossible for the non-rich to defend themselves effectively against government accusations of criminality, and judges have increasingly less sentencing discretion to avoid imposing harsh jail terms. Punishment for crimes is for the masses only, not for members in good standing of our political and corporate establishment.

Where our political elite break the law, our leading media stars and pundits fulfill their central purpose by dutifully arguing that establishment figures who have broken the law have done nothing wrong and deserve protection, even our gratitude, when they do so. In the view of our establishment, even mere civil liability — never mind criminal punishment — is deeply unfair when imposed on lawbreaking corporations, as we see in the “debate” over telecom immunity.

This same warped principle is also expressed in how our establishment scorns the work John Edwards did in representing maimed or dead individuals against the corporations which, through recklessness or negligence, destroyed their lives. From a letter from Theodore Frank of the American Enterprise Institute to the New York Times today (h/t Jay Diamond):

    There is a critical distinction between Mitt Romney’s and John Edwards’s wealth. Mr. Romney, as a businessman, made investments that created wealth. Mr. Edwards, as a trial lawyer, made his money through lawsuits that merely took from one pocket and gave to another, and probably destroyed wealth in the process. (Mr. Edwards’s multimillion-dollar medical malpractice verdicts almost certainly hurt the quality of health care in North Carolina.)

    Little wonder that Mr. Romney understands that to improve the economy, one needs to expand the pie, while Mr. Edwards’s policy proposals focus entirely on the redistribution of the existing pie without thought for the future adverse consequences to the size of the pie.

Anything that results in accountability for our largest corporations is inherently bad, even when they’re found under our legal system to have broken the law or acted recklessly. Thus, John Edwards’ self-made wealth is deeply dishonorable and shameful because it came at the expense of our largest corporations and on behalf of the poor and dirty masses, while Mitt Romeny’s wealth, spawned by his CEO-father’s connections, is to be honored and praised because it benefited our establishment and was on behalf of our glorious elite.

Naturally, our establishment sees itself as Good, and thus, whatever their most powerful leaders do — even when illegal — is never really bad. It can’t be, because they do it. Hence, George Bush’s and Lewis Libby’s felonies aren’t really like the felonies of the “drug dealers” and the other street dirt. Neither the Law nor Jail are for the clean, good, upstanding establishment members, so sayeth Jay Rockefeller and Fred Hiatt and Joe Klein and David Ignatius and the rest.
* * * * *

Most revealing of all, anyone who insists that this should be different — anyone who believes that our highest political officials and largest corporations should be held accountable when they break the law — is a shrill “partisan,” bent on vengeance and Guilty of obstructionism: trying to prevent the political establishment from operating in a harmonious, bipartisan manner to do their Important Work. At least under the Bush presidency, investigations into wrongdoing are bad and disruptive and mean-spirited, and calls for consequences for illegal behavior are shrill and nasty.

Digby yesterday analyzed the sudden emergence of the Bipartisan Centrism fetishists — the David Borens and Sam Nunns and David Broders and other old System Guardians who are threatening to back the third-party candidacy of Michael Bloomberg unless they quickly see more “bipartisanship.” As Digby notes — and one should read her whole post — these Harmony Mavens were nowhere to be found during the last six years when our government was fully controlled by a one-party machine that did what it wanted without the slightest consequence.

Only now that the prospect has emerged — however small and remote it is — that there appears to be some rumblings of dissatisfaction among the masses over the deep corruption pervading every pore of our establishment are they now decreeing that we need Harmony and Bipartisan Cooperation:

    I wrote about it right after the 2006 election — as soon as the Republicans lost power, I knew the gasbags would insist that it’s time to let bygones be bygones and meet the Republicans halfway in the spirit of a new beginning. GOP politicians have driven the debt sky-high and altered the government so as to be nearly unrecognizable, so logically the Democrats need to extend the hand of conciliation and move to meet them in the middle — the middle now being so far right, it isn’t even fully visible anymore.

Digby’s right that this is an effort to enforce establishment-protecting ideological orthodoxies. The campaigns of Edwards, Mike Hucakbee and Ron Paul each, in their own ways, signify that there is some intense unrest and deep dissatisfaction with our political establishment, and this has to be quashed by the concealing device known as “bipartisanship.” But it is also an attempt to ensure that nothing of any significance is exposed, that none of the lawbreaking and corruption of the last six years — which they all enabled and cheered on — sees the light of day.

There is a mildly increased desperation that is palpable among our political and media elites to protect and defend their system. The extent of their wrongdoing over the last several years — political, legal and economic — is so extreme that the potential for upheaval in the event of accountability is extreme as well. Their chief weapon to protect those privileges is immunity from the rule of law, and most of our political controversies — over presidential power and state secrets and executive privilege and torture and eavesdropping and these CIA videos — really share the same root: the effort of the establishment to maintain their immunity from impropriety-exposing legal proceedings and, thus, from political consequences.

Just as the warantless eavesropping revelations did, the CIA video scandal presents an extremely clear and straightforward case of serious lawbreaking by our highest government officials. It’s far less complex and far more serious than the scandals that brought down Richard Nixon. That a rational person would be highly skeptical about the prospects that we will find out what happened, let alone that there will be consequences for any of it, is pretty compelling evidence of the kind of country we are becoming.

UPDATE: On a not unrelated note, the annual survey of worldwide privacy rights conducted by Privacy International and EPIC has been released for 2007, and the U.S. has been downgraded from “Extensive Surveillance Society” to “Endemic Surveillance Society,” the worst possible category there is for privacy protections, the category also occupied by countries such as China, Russia, Singapore and Malaysia. The survey uses a variety of objective factors to determine the extent of privacy protections citizens enjoy from their government, and the U.S. now finishes at the bottom for obvious reasons.

Evidence that we are becoming a lawless surveillance state is abundant. But let’s forget all of that and figure out how we can best micro-manage the internal affairs of Pakistan and Iraq and Russia and Iran so that we can preserve Freedom and Democracy for the world. ++

“So keep fightin’ for freedom and justice, beloveds, but don’t you forget to have fun doin’ it. Lord, let your laughter ring forth. Be outrageous, ridicule the fraidy-cats, rejoice in all the oddities that freedom can produce. And when you get through kickin’ ass and celebratin’ the sheer joy of a good fight, be sure to tell those who come after how much fun it was.”
~ Molly Ivins, 1944 - 2007

In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

Entry Filed under: Political Waves

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