CATEGORY: FreeSpeech

Brendan Eich case raises free speech issues for people who don’t understand how free speech works

No, Virginia. Intolerance of intolerance isn’t the same as intolerance of human beings.

When it became public that recently appointed Mozilla CEO Brendan Eich had donated to the controversial anti-gay rights Prop 8 initiative in California back in 2008, things – as we used to say back home – blowed up. Rarebit yanked an app from the Mozilla marketplace and in a highly visible move, dating site OK Cupid asked its users not to access the site with Mozilla’s Firefox browser.

Eich fought back, and we witnessed a couple of days of textbook crisis management as the company (and its under-fire CEO) worked to convince the world that a person’s official and personal beliefs can be compartmentalized – that is, you can be anti-equality in your private life but suitably inclusive at work. Continue reading

orestes-pursued-by-furries

What if Russia’s invasion of Crimea is really a post-democracy problem?

The Crimea crisis may feel like a throwback to the Cold War, but it’s actually reflective of 21st century democracy.

ImageDemocracy is defined as “a system of government by the whole population or all the eligible members of a state, typically through elected representatives.” Despotism is “the exercise of absolute power, especially in a cruel and oppressive way.”

A child denied any access to sweeties, despite abject pleas to the contrary, is experiencing despotism. A child offered a choice of two sweeties, but not one of the fifty they actually wanted, is experiencing democracy.

History is messy. Continue reading

Fred-Phelps

Gay marriage: Fred Phelps’ death is the end of an era, but it isn’t the end of the fight

The passing of Fred Phelps actually makes the struggle for gay marriage and LGBT equality a little more difficult.

A few days ago I summed up the impact the late Fred Phelps exerted on American society, concluding that he was, ironically, one of the best things that ever happened to the LGBT community’s quest for social justice. A number of other observers agreed, including Jay Michaelson at The Daily Beast and Peter Scheer at TruthDig, who thanked him for “his years of service to the gay rights movement.”

Continue reading

LGBT

Fred Phelps is dead: the LGBT community owes him a debt of gratitude

An evil man has departed the Earth, but not before inadvertently making it a better place.

Without Contraries is no progression. – Blake

Fred Phelps, founder of Topeka’s Westboro Baptist Church, is dead.

Over the past several years Phelps distinguished himself as one of the most vile people in America, which is no small feat given the high profiles our society has accorded Hall of Fame hatemongers like Rush Limbaugh and Ann Coulter.

As he has lingered on his deathbed in recent days, we’ve had a chance to ponder this moment and discuss what the proper response might be. My own pot shot – “may his funeral be well attended” – paled compared to some of the (justified, it must be admitted) rage against the man’s legacy. At the same time, we saw altogether more noble comments from people like Facebook’s First Citizen, George Takei, who reminded us that hate is conquered not by more hate, but by love. Continue reading

CATEGORY: PersonalNarrative

A contrarian’s disheartened view of loyalty

As I age, I increasingly ponder loyalty. Most of us, I suspect, have an understanding of it. Perhaps it’s a feeling that we’d crawl through burning oil and run across broken glass because the person to whom we are loyal needs it. And that person never asks; we merely give unreservedly.

Lately, however, loyalty I have awarded (given? allowed? presented? What is the word that best presents bestowal of loyalty?) has been strained. Is it because I have come to expect something in return? A little quid pro quo? If that attitude has emerged in me, I am saddened. But I fear it has. I am human: I have done for others without marked compensation or gratitude for so long … but now, am I finally seeking a little sugar for my faithful attention?

I used to advertise my loyalty and I don’t believe there is a single person I loved that I didn’t eventually betray.
― Albert Camus, The Fall

Loyalty for me has always been freely given with no expectation of reciprocity. Either in an instant, or over time, I have become loyal to you. You owe me naught. But 70 years old is no longer a distant horizon. Has the erosion of physical ability or the emergence of emotional and intellectual insecurity altered that equation? Do I now need something, somehow, from an individual or institution that has received unqualified, unquestioned loyalty from me?
Continue reading

Internet and Social Media

New Facebook app update demands unreasonable privacy access – The Tech Curmudgeon

The Borg meet the One App in the Facebook app’s latest privacy permissions.

Internet and Social MediaThe Tech Curmudgeon has got a Facebook app on his smartphone, probably like nearly everyone else in the English-speaking world. But the Tech Curmudgeon hasn’t updated it to the latest app, and he won’t. In fact, when his current version of the Facebook app stops working, the Tech Curmudgeon will purge the app from his phone entirely rather than update to the next version. And when his phone finally dies and the Tech Curmudgeon has to get a new one, he’ll probably purge the Facebook app from that one too, all because Facebook’s recent update has asked for permissions no one in their right mind would give Facebook. Continue reading

CATEGORY: Freedom

Edward Lucas “Snowdenista” piece in the Wall Street Journal is the most dishonest thing you’ll read today

Snowden, Assange, Greenwald, and anyone else who believes that NSA spying on American citizens is wrong is a tool for Mother Russia. Makes sense.

Edward Lucas of the Economist. #wanker

I just read Edward Lucas’s Wall Street Journal piece entitled “A Press Corps Full of Snowdenistas.” I can’t honestly say if Mr. Lucas is a liar, an idiot, or simply a guy who’s a little too captive to the security state party line to see past his own dogma. We’ll be charitable for the moment and assume the latter, although “wild-eyed apparatchik” is hardly something to aspire to.

The premise of his rant is more or less summed up with this: Continue reading

CATEGORY: FreeSpeech

Should the First Amendment protect lying?

Susan B. Anthony List v. Driehaus case asks SCotUS to extend constitutional protections to to those who intentionally lie to voters.

I do not know anyone whose parents or church taught them that lying is permissible and bears no taint of sin: Thou shall not bear false witness is ingrained from childhood in everyone I know. Do not ever lie, we are taught.

So why, then, is an anti-abortion advocacy group asking the highest court in the land to allow it to lie with impunity? At stake in the case is whether the federal government has the legal right to police political advertising for lies. The case involves claims by the anti-abortion group, Susan B. Anthony List, against then-Rep. Steven Driehaus (D-Ohio). From Politico’s Bryon Tau:

During the 2010 election cycle, Susan B. Anthony List accused Driehaus of voting in favor of taxpayer-funded abortions by supporting President Barack Obama’s Affordable Care Act. Continue reading

CATEGORY: BusinessFinance2

Is Bobby Jindal anti-business?

Governor Jindal’s comments in the Duck Dynasty case provide aid and comfort for those who would handcuff American business leaders.

by Richard Hough

Louisiana Governor Bobby Jindal earlier this week offered some disturbing public remarks that must have come as a shock to many of his constituents in the business community. Jindal has long been an ally for American businesses of all sizes, and my organization, the American Commerce Institute, continues to regard him as a friend. However, his spirited defense of Phil Robertson in the Duck Dynasty controversy, while appearing to strike a blow on behalf of free speech, actually worked to undermine the principles upon which our free market system are based. Continue reading

CATEGORY: FreeSpeech

Bobby Jindal doesn’t understand the First Amendment

2016 presidential hopeful’s defense of Duck Dynasty star’s homophobic comments suggests a deep misunderstanding of what the Constitution says.

Here we go again.

The great thing about Duck Dynasty-style blowups is that they provide dumbasses a chance to trot their dumbassery out for public display. Take Louisiana governor (and prospective 2016 presidential candidate) Bobby Jindal, whose comments this morning suggest that he doesn’t understand Constitution even a little bit. Continue reading

Remembering Nelson Mandela: the origins of hope and despair

Nelson Mandela emerging from Victor Verster Prison, 11 February 1990, Reuters

Nelson Mandela emerging from Victor Verster Prison, 11 February 1990, Reuters

Sunday afternoon in 1990. 11 February in Port Elizabeth. The height of summer, just after schools have returned for the start of the year. The wind howls as the air tears down South Africa’s long coast.

That day was calm. The country held its breath.

Thousands gathered at Victor Verster Prison in Paarl, about an hour outside Cape Town. They were waiting for the unhoped-for release of one man: Nelson Mandela.

I, 16 years old, poised in front of the television with my camera on a tripod. I knew it was probably futile trying to catch an image, but I wanted somehow to hang on to this moment. Continue reading

The New Constitution: did I miss one?

I saw a Free Bradley Manning sticker on a car as I walked my dog this morning and it got me to thinking. Some months back I produced the New Constitution series, which set forth the principles upon a more just and workable American government might be based. The final “deliverable,” as we say in the business world, was 20 articles – some barely modified from the original Bill of Rights, some more aggressively revised, and some that are entirely new.

What that sticker and my morning walk have me wondering is if I need to add a 21st amendment protecting whistleblowers. Continue reading

CATEGORY: PoliticsLawGovernment

Is James “The Liar” Clapper, Director of National Intelligence, on the way out?

I wonder if he can lie with his mouth closed?

Every once in a while, I like to check the Federal Register. This is a vice I should indulge more frequently, apparently. This evening I indulged, and discovered this:

Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence
A Presidential Document by the Executive Office of the President on 09/25/2013

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the “Act”), it is hereby ordered that:

Section 1. Order of Succession. Subject to the provisions of sections 2 and 3 of this memorandum, and to the limitations set forth in the Act, the following officials of the Office of the Director of National Intelligence, in the order listed, shall act as and perform the functions and duties of the Director of National Intelligence (DNI) during any period in which the DNI and the Principal Deputy Director of National Intelligence have died, resigned, or otherwise become unable to perform the functions and duties of the DNI:…

This couldn’t get much hotter off the press if it tried, and it strikes me as a very big deal, indeed. Surely someone in the media caught wind of this, right?

Not that I can find.

A variety of news searches using Google turned up nothing on today’s presidential memo on succession for the role of Director of National Intelligence. For that matter, nothing came up about the memo when I search my news sources and blog roll in InoReader (the tool I use now that Google’s Reader is caput). That, however, is not to say that there wasn’t anything relevant out there.

Marcy Wheeler’s emptywheel had this fresh, new content today:

Senate Intelligence Committee Open Hearings: A Platform for Liars

So DiFi’s [Sen. Dianne Feinstein, D-CA] idea of an “open hearing” is to invite two established liars. And for her non-governmental witnesses, one keeps declaring Congress NAKED! in the face of evidence the government lies to them, and the other tells fanciful stories about how much data NSA shares.

It’s like DiFi goes out of her way to find liars and their apologists to testify publicly.

I love it.  For that matter, Ms. Wheeler starts the piece off strong with:

Pentagon Papers era NYT Counsel James Goodale has a piece in the Guardian attracting a lot of attention. In it, he says the first step to reform NSA is to fire the liars.

Excellent. Ms. Wheeler might not have mentioned today’s succession memo, but perhaps Mr. Goodale did over at the Guardian?

To reform the NSA, fire officials who lie

This article is also from today, and it’s an excellent bit of reportage. Mr. Goodale ends it on this note:

Obviously, if this culture seeps into popular culture, lies and deceits will be easily tolerated – and we will all be the worse for it. President Obama should focus on this issue before it is too late. But it is not at all clear that he cares about it any more than Congress or the Justice Department do.

Interestingly, he also makes no mention of the memo hot off President Obama’s desk.

If this were a reshuffling of succession rules for just about any other agency, it would probably be among the dullest things ever. With James “The Liar” Clapper at the center of so much controversy, however, should we see this as just a bit of housekeeping minutiae? Or should we expect to see an announcement of Clapper’s resignation soon?

I hope so. Part of me will cheer. The dominant, cynical side of me will just wonder who will be signing Clapper’s checks next. My gut says he’ll still be an intelligence insider, just on a private contractor’s payroll.

—-

Image credit: Official portrait in the public domain, courtesy of Wikimedia Commons.

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Cross-posted from Ars Skeptica

CATEGORY: Freedom

Dear NSA: I need a little help with this Obama/Putin Nobel Peace Prize post

Dear NSA.

You probably saw Russ’s piece yesterday on Vlad Putin being a possible for the Nobel Peace Prize. Yeah, I know, what a hoot, right? And you saw my comment on how they might as well give it to him because they jumped the shark when they gave it to Obama in 2009.

Anyway, this got me to thinking about doing a post on “Nobel committee jumps shark,” or somesuch. I mean, Obama hadn’t done dick at the time and since then his record has to have the Nobel folks wondering if there’s a way they can take it back. Enhanced interrogation, doubling down on every bad idea Bush ever had, the NSA mess, and now agitating for an invasion of Syria?

I recall writing about what a joke Obama’s Nobel was back when it was announced in October of ’09. I thought I had blogged it, but a search this morning reveals no such post. Which means it was instead a back-channel e-mail to our private S&R staff mailing list on Google groups. I’m damned if I save back e-mails for four years, but it occurred to me that you guys probably do.

So what I’m wondering is if you can do a quick search of my archive for October 2009 and find that e-mail for me? I can always do a post and say that “four years ago I said ___________,” but it’s a lot more effective if I can actually quote what I said.

If you can find five minutes to help a citizen out I’d be grateful. Hope you guys are doing well, and if I don’t hear from you today have a good weekend.

Sam

CATEGORY: The New Constitution

The New Constitution: comprehensive statement of principles (draft)

CATEGORY: The New ConstitutionThe original plan when we began this project was to offer the amendments individually, invite discussion, then produce a final document. The course of the process, though, has made a couple things clear. First, there needs to be a period to discuss the entire document in context, and second, while the original “Bill of Rights” approach perhaps had a certain formatic elegance about it, the project is better served by a less formalized articulation of general principles.

As a result, what follows is a restructured draft that accounts for the discussions so far and that also adds some new elements that have arisen since the process launched.

We will compile a final statement of principles out of this discussion.

_____

1)    Organization, Composition and Conduct of Government

a)     Proportional Representation

i)      No political party representing a significant minority of the electorate – and here we suggest five percent as a workable baseline – will be denied direct representation in the legislature.

ii)     All legislative bodies shall be comprised proportionally according to the populations represented and all elected officials should be selected by direct vote of the people.[1]

b)     Public Financing of Elections

i)      In order to eliminate the corrupting, anti-democratic influence of corporate and special interest money on the electoral process, all elections shall be publicly financed. No individual will be allowed to contribute more than a token sum to an official, candidate or political party (perhaps the cap could be in line with the current $2,000 limit for contributions to presidential candidates).

ii)     All corporate, commercial and other private or publicly held entities shall be forbidden from contributing directly to any official, candidate or political party.

iii)   All citizens and collective entities are free to designate a portion of their annual tax contributions to a general election fund.

iv)    No contributions to the electoral process shall be allowed by foreign interests, either individual or institutional.

v)     Election funds shall be administered on a non-partisan basis and no candidate or party demonstrating a reasonable expectation of electoral viability shall be denied access to funding.

c)     Secular Government

i)      The government of the people shall be expressly secular. No individual, religious or quasi-religious entity or collective engage or seek to influence the course of legislation or policy in accordance with theological creed.

ii)     No government edifice, document, collateral, communication, or other production, including currency, shall make reference to religious concepts, including “god.”

iii)   No one shall, in any legal context, including legal processes or oaths of office, swear upon a sacred text.

iv)    Oaths of office shall explicitly require officials to refrain from the use of religious language and dogma in the conduct of their duties.

v)     No government funds shall be spent to compensate employees who exist to serve religious functions. This includes, but is not limited to, the office of Chaplain in various military bodies.

vi)    No religious institution shall be eligible for tax exempt status.

d)     Oversight of Covert Activities

No governmental entity shall conduct secret or covert proceedings absent ongoing oversight by a multi-partisan body of popularly elected officials.[2]

e)     Federal Autonomy

No state or local government entity shall assert special privilege or exemption with respect to established rights granted by the Federal Constitution.

2)    Individual Freedoms

a)     Free Speech, Press and Religion

i)      No government, corporation, commercial or private entity shall abridge an individual’s legitimate exercise of free speech. This includes all political, social and civic speech activities, including those criticizing the government, corporations and business entities and other collective organizations.[3]

ii)     The right of the people peaceably to assemble, especially for purposes of protest, and to petition for a redress of grievances will not be infringed.

iii)   The health of the nation depends on a vital independent check against public and commercial power. As such, no government, corporation, commercial or private entity shall be allowed to abridge the rights of a free and unfettered press.

iv)    Congress will make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

b)     Equal Rights Under the Law

i)      No governmental, corporation or commercial interest, or other private organization shall deny to any enfranchised citizen the rights or privileges accorded to others.

ii)     The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

c)     Freedom from Surveillance

i)      All individuals shall enjoy the right to privacy and freedom from systemic surveillance by governmental entities in the absence of a legally obtained warrant articulating probable cause against the individual.

ii)     The right of the people to be secure in their persons, homes, papers, data, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

iii)   All individuals shall enjoy the right to privacy and freedom from systemic surveillance and data gathering by corporate, commercial or other private or public entities unless they have specifically opted into such programs.

d)     Basic Human Rights

All citizens shall enjoy the right to shelter, nourishment, healthcare and educational opportunity.

3)    Conduct of Business and Commercial Interests

a)     Legal Standing

No corporation, business interest or any other collective entity shall be accorded the rights and privileges attending citizenship, which are reserved expressly for individuals.[4]

b)     Public Interest Standard

No corporate, commercial or other private or governmental entity shall be licensed, accredited or incorporated absent a binding commitment to serve the public interest.[5]

c)     Lobbying Restrictions

i)      In order to further the public’s interest in a free and independent legislature, elected officials shall not be allowed petition the body in which they served, either on their own behalf or on behalf of the interests of a third party, for a significant period of time after the conclusion of their terms.[6]

ii)     No person shall be allowed to assume a position charged with regulatory oversight of an industry in which they have worked in the past five years.

iii)   No elected official shall be allowed to assume a position on any legislative committee charged with oversight or regulation of an industry in which they have worked or held financial interest for the past five years.

d)     Collective Bargaining

i)      All workers shall have the right to organize for purposes of collective representation and bargaining.

ii)     In any publicly held commercial interest where a significant percentage of the workforce is represented by a union, the workers shall be entitled to representation on the corporate board of directors.[7]

4)    Citizen Responsibilities and Service

a)     Mandatory Service

i)      All citizens will, upon attainment of their 18th birthdays, enroll in a two-year program of public service, which may be fulfilled with either civic programs or the armed forces.

ii)     Enfranchisement will be earned upon completion of the public service commitment and a demonstration of a basic understanding of principles informing the political and policy issues facing the nation and the world.

b)     Right to Arms

i)      The right of an individual who has completed a two-year military service commitment to keep and maintain firearms appropriate to the common defense should not be infringed. [8]

ii)     The Federal government will establish guidelines by which enfranchised citizens may obtain firearms for reasonable purposes of sport and self-defense.

5)    Justice System

a)     Due Process and Fair Trials

i)      No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against him or herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

ii)     In suits at common law, where the value in controversy shall exceed five hundred dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.

iii)   In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of professional, trained adjudicators sanctioned by the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; defendants shall have the right to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.

b)     Punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.


[1] This disposes of the Electoral College.

[2] An alternative might be to entrust the public court system with the decision. Make all documents automatically become public in N years (and make destruction a federal felony) but the government can petition a federal court to hold them as secret. Court uses a strict scrutiny standard to continue secrecy, advocates for release present arguments and can appeal a secrecy decision (no appeal on orders to release). (Submitted by Evan Robinson.)

[3] This does not prevent said entities from policing explicitly illegal behavior, such as theft of proprietary information or sexual harassment. (Suggested by Carole McNall.)

[4] This item overturns the Citizens United case.

[5] This item eliminates the narrow “interest of the shareholders” doctrine emerging originally from Dodge vs. Ford.

[6] It is suggested by multiple commenters that “a significant period of time after the conclusion of their terms” might best be changed to “forever.” This is a perspective with some merit. In truth, though, we’re discussing a body of people who possess expertise that can, in the right circumstances, be of benefit to the people. A term of five years, for instance, might serve to rid the system of revolving-door corruption without permanently eliminating the possibility that a highly qualified individual may be able to contribute to the public good.

[7] This practice is common in Europe and promotes an environment of collaboration, instead of confrontation, between management and labor.

[8] Weapons systems are constantly evolving and we are now perhaps within a generation of the point where lasers, thermal lances and other currently experimental man-portable devices might be viable. The term “firearms” in this document should not be construed as limited to the sorts of projectile weapons we’re familiar with, but should instead be taken in a broader context. (Suggested by Rho Holden.)

Acknowledgments

The New Constitution has been a long time in the making, and it would be the height of arrogance to suggest that I reached this point on my own. In truth, I’m an intensely social, extroverted and associative thinker, which means that if I have an interesting idea, it probably emerged from interactions with one or more other people. This is why I work so hard to surround myself my folks who are as smart as possible. If they’re brighter than me, as is often the case, that’s all the better because that means there’s more opportunity to learn.

Some of the people in the list below are known to readers of S&R and others aren’t. Some have played a very direct and active role in my political thinking in recent years, and others contributed less obviously in conversations, in grad school classes, in arguments and debates over beers, and so on. In fact, there are undoubtedly some on the list who will be surprised to see their names, but trust me, each and every one of them helped me arrive at the present intellectual moment. This doesn’t necessarily mean they all endorse the project or want their names attached to it, so if there are things that aggravate you, please direct those comments at me and me alone.

All that said, many thanks to:

Brian Angliss

Frank Balsinger

Dr. Jim Booth

Dr. Will Bower

Dr. Robert Burr

Gavin Chait

Dr. Lynn Schofield Clark

Dr. Erika Doss

Dr. Andrea Frantz

John Hanchette

Sam Hill

Rho Holden

Dr. Stuart Hoover

Dr. Douglas Kellner

Alexi Koltowicz

Dr. John Lawrence

Dr. Polly McLean

Carole McNall

Stuart O’Steen

Alex Palombo

Dr. Michael Pecaut

Dr. Wendy Worrall Redal

Evan Robinson

Sara Robinson

Kristina Ross

Dr. Willard Rowland

Dr. Geoffrey Rubinstein

Mike Sheehan

Dr. Greg Stene

Jeff Tiedrich

Dr. Michael Tracey

Dr. Robert Trager

Dr. Petr Vassiliev

Sue Vanstone

Angela Venturo

Dr. Frank Venturo

Pat Venturo

Russ Wellen

Cat White

Dr. Denny Wilkins

Lisa Wright

CATEGORY: Barack Obama

Bush III: Obama’s deteriorating legacy

Way back in March of 2008, as the campaign was running in high gear, I made clear that while I wasn’t in love with the Democratic frontrunners, the emerging alternative was worse: John McCain represented the third Bush presidency.

I was undoubtedly right. But… You knew there was a “but” coming, didn’t you?

 

 

 

 

Poppy. Dubya. And now Barack. I was right – the 2008 election gave us the third installment in the Bush Dynasty.

Perhaps we’ll get to see Colin Powell back in front of the UN again soon…

Image (1) obama_apocalypse.jpg for post 42896

Obama’s picks for “outsider” NSA review — looks like the fix is in

Spy vs. Spy

Spy vs. Spy

This just in via ABC News blogger Mike Levine:

White House Picks Panel to Review NSA Programs

I don’t know whether ABC’s Mike Levine just rubber-stamped brief bios of the panel picks or if there were any degree of research done, but here’s what I’ve come up with regarding what President Obama refers to as “outside experts.”

Right off the bat, let’s look at one detail fairly well buried in Levine’s blog post at ABC.

In 60 days, the review panel will provide an interim report to the director of national intelligence, who will then brief the president on the panel’s findings.

Note how Levine fails to mention James Clapper by name. Isn’t that just a touch odd in an article about such a momentous occasion, especially an article rife with names, especially when the name omitted is that of someone folks on both the left and right would like to see, by respectable majorities, prosecuted for perjury? That James Clapper will receive the interim report and brief the President. Feel better yet?

So let’s take a closer look at these “outsider” panel picks.

Michael Morell

ABC/Levine:

Morell was acting director of the CIA until March, when John Brennan was sworn in as director.

Morell has worked at the CIA since 1980, holding a variety of senior positions, according to the CIA. In fact, he was serving as President George W. Bush’s intelligence briefer on the day of the Sept. 11, 2011, attacks.

Independent citizen “journalist” (read: me):

Morell’s bio at allgov.com had this to say:

Morell served as a presidential briefer, i.e., chief of the staff who presents the President’s Daily Brief, for Presidents Bill Clinton and George W. Bush, and he was with President Bush on September 11, 2001. After serving as executive assistant to CIA Director George J. Tenet, from 2003 to 2006, during which time the CIA was engaged in torture [emphasis added], Morell took a secret assignment overseas, including in London, UK.

Just peachy.

Things really start to get interesting at Wikipedia, though.  The Wikipedia article shows that Morell only just recently retired from his post as Deputy Director of the CIA, and that he served as Acting Director twice. Why did her retire? According to Wikipedia, “to devote more time to his family and to pursue other professional opportunities.”

I did say that things only start to get interesting there, right?  What did The Atlantic Wire have to say about Morell’s resignation? Oh, nothing much, certainly nothing to suggest that he resigned because of his role in deleting mentions of terrorism in the Benghazi talking points. Oh, wait. I lie. That’s exactly what the article is about.

My takeaway? This “outsider” was an insider to no less than three presidents and their intelligence apparatus. Those presidents can be fairly classified as “neoliberal,” “neoconservative,” and “neoliberal” respectively. Take that how you list. Oh, and torture! And Benghazi! I managed to collect this much less flattering info in a matter of minutes. I dread to think what I might find if I actually had a massive media outlet’s resources at my disposal.

Richard Clarke

ABC/Levine:

Richard Clarke served the last three presidents as a senior White House adviser, including as national coordinator for security and counterterrorism, according to his private security firm’s website. He became a vocal critic of the Bush administration, causing consternation in some Republican circles.

He has been an on-air consultant on terrorism for ABC News.

Citizen “journalist”:

Really, Levine?  That’s all you could come up with?  According to Wikipedia, Clarke is “the former National Coordinator for Security, Infrastructure Protection, and Counter-terrorism for the United States.” He served under Presidents Reagan, Bush, Clinton, and Bush. ABC’s blogger apparently loses track after three. To Clarke’s credit, he was critical of the Bush 43 administration for their approach to counter-terrorism and the war on Iraq. In all reality, Clarke may just be a bright spot on this panel. Then again, did he or did he not play a role in letting the bin Laden family out of the US on September 20, 2001? Would that matter? Does Clarke’s endorsement of President Obama for his second run at the White House compromise his impartiality? In any event, there’s a ton of information on Clarke, both laudatory and damning. ABC’s Levine doesn’t seem to think any of that relevant. Chalk this one up as another inside “outsider.”

Peter Swire

ABC/Levine:

Swire recently became a professor at the Georgia Institute of Technology. At the start of the Obama administration, he served as a special assistant to the president for economic policy and, during the Clinton administration, he served as the chief counselor for privacy.

Citizen “journalist”:

Swire, like Clarke, appears to be a good, if apparently unlikely, Obama pick for a place on the panel. Yet again, however, a not insignificant point here is Levine’s failure to do more by way of reportage. Another quick search on Wikipedia reveals more relevant information than ABC’s blogger does. Swire has served under two presidents, Clinton and Obama, sure. He’s an internationally recognized expert on privacy. He was instrumental in the creation of the HIPAA Privacy Rule. He’s actively involved in the development of the World Wide Web Consortium’s effort to mediate a global Do Not Track standard.

Further, Swire is actively antagonistic to NSA abuses of section 215 of the USA PATRIOT Act. According to Indiana University News Room, Peter Swire is a co-signer of an amicus brief urging SCOTUS to overturn the FISC authorization for the NSA to collect “”all call detail records or ‘telephony metadata’ created by Verizon,” including calls wholly within the U.S. and calls between the U.S. and abroad.” If President Obama is trying to create a stacked deck, he’s got a funny way of going about it.  Nevertheless, this outsider is still an inside job, and that keeps me leery.

Cass Sunstein

ABC/Levine:

Sunstein left the White House a year ago as President Obama’s so-called “regulatory czar,” returning to Harvard Law School, according to the Center for American Progress, where Sunstein is also a senior fellow. As President Obama’s administrator of the Office of Information and Regulatory Affairs, Sunstein’s post was considered one of the most powerful in Washington, given its ability to shape how laws were implemented.

Again, this is all ABC’s Levine can come up with? Your friendly neighborhood citizen “journalist,” relying once again on the most cursory attempts at fact-finding, and doing so mainly via Wikipedia (a big no-no, right?) still managed to find this out…

“Some view him as liberal, despite Sunstein’s public support for George W. Bush’s judicial nominees Michael W. McConnell and John G. Roberts…”

Now hold on a cotton-pickin’ minute. Would that be THE Chief Justice John Roberts, who single-handedly, and with no oversight or confirmation process, picks all the FISA judges until he dies or retires? THAT John Roberts?

This is the same Sunstein that has said:

There is no reason to believe that in the face of statutory ambiguity, the meaning of federal law should be settled by the inclinations and predispositions of federal judges. The outcome should instead depend on the commitments and beliefs of the President and those who operate under him.

Can you say, “Unitary Executive?” Can you say, “Cheney?”

This is the same Sunstein who thinks that thinks, “in light of astonishing economic and technological changes, we must doubt whether, as interpreted, the constitutional guarantee of free speech is adequately serving democratic goals.” That’s right.  Our free speech needs fiddling and tweaking, and he’s just the guy to do it.

Straight from good ol’ Wikipedia, Sunstein thinks that:

“[T]here is a need to reformulate First Amendment law. He thinks that the current formulation, based on Justice Holmes’conception of free speech as a marketplace “disserves the aspirations of those who wrote America’s founding document.” The purpose of this reformulation would be to “reinvigorate processes of democratic deliberation, by ensuring greater attention [emphasis added] to public issues and greater diversity of views.”

Given some of his other views, I dread to think what Sunstein means by “ensuring greater attention.” A Clockwork Orange comes to mind. Oh, we don’t have to guess much. He just wants to nudge us, because what we need is more alternately neoconservative/neoliberal paternalism.

Last, but not least, (and remember, I barely even got my muckraking shovel dirty) Sunstein also thinks the government should “cognitively infiltrate” anti-government groups. That’s right, this guy, in a time of IRS ham-fisted SNAFUs, will have a say in the reports that go through the Official Liar Clapper before landing in Obama’s Chicago School lap.

My count?  Four insiders and one that’s so inside he could Tweet pictures of Obama’s appendix.  My gut instincts?  2 for the NSA programs, 2 against, and a ref who guarantees the fix is in.

Now, lest I show up to the choir only singing in my bitchy, whiny voice, I’d like to propose a completely different solution to this really tough problem of picking real outsiders in a way that might actually cause citizens to trust the government a bit more.  You know, exactly in a way that President Obama fails to do.  It’s simple.

We’ve got 50 states.  We’ve got 50 governors.  Each governor vets and nominates a candidate for the panel.  The governors then have a meeting (teleconference using AT&T would be AWESOME, right?) to vote on six.  The US House gets to pick one.  The US Senate gets to pick one.  These eight, if qualified, get the necessary clearances.  POTUS gets one.  Whatever comes out of such a group would almost necessarily be bi-partisan.  At the very least, it would create a tremendous appearance of genuine accountability to the people.

So what about it, ABC? You guys hiring? I know a guy who at least knows where the hell to find Wikipedia and Google when doing a quick and dirty takedown on a topic.

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Image credit: Spy vs. Spy by tr.robinson @ flikr.com. Licensed under Creative Commons.

CATEGORY: Journalism

Transparency. See also: opacity. Obama admin puts hit out on meaning of antonym.

Neon sign,

Here’s your big red neon warning sign.

Friday morning, TechDirt had this insightful little snippet of pithy analysis to share.

Read that again. This is the same White House that has been saying that they want to be as transparent as possible and to rebuild trust. And yet, here they are trying to block the Post from using an interview — an interview they suggested in the first place — and then to replace it with a bland and bogus “statement.”

To what does that refer? This, from the WashPo article cited.:

The Obama administration referred all questions for this article to John DeLong, the NSA’s director of compliance, who answered questions freely in a 90-minute interview. DeLong and members of the NSA communications staff said he could be quoted “by name and title” on some of his answers after an unspecified internal review. The Post said it would not permit the editing of quotes. Two days later, White House and NSA spokesmen said that none of DeLong’s comments could be quoted on the record and sent instead a prepared statement in his name. The Post declines to accept the substitute language as quotations from DeLong.

Seriously, truly, we all, every last one of us, need to hold elected officials to a far higher standard. I don’t care which party is in. I don’t care which base is being appealed to. Lies, distortions, obfuscation, and the outright trash talk that are our daily fare are beneath us. We can and must do better.

I offer these few humble words for your consideration not just because I’m increasingly against this administration in particular, but because its behavior and TechDirt’s analysis in brief are instructive going forward, regardless of which party is in power in which branch of government.

If in one breath one tries to calm the jitters of a disillusioned electorate with lip service to transparency, one should simply not get away with this kind of overt and blisteringly incompetent interference in the next.

Enough platitudes and equivocations. The buck stops in the Oval Office. Heads need to roll, figuratively, of course, or we have zero reason for faith in the way the duties of the office are being discharged.

Like I said, we can and must do better. Or maybe we should just stop calling ourselves Americans if this is what we’re willing to stoop to and settle for.

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Image credit: Adapted from original photo by grisei @ flikr.com.  Licensed under Creative Commons.