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December 03, 2005

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...and with who knows what else is yet to be unearthed ...

Every day I keep thinking: can there still be more?

Your antepenultimate paragraph is a gut-wrencher, even for those of us who wish that the junta winds up in a scene like that of the Nuremberg Courtroom. Do we open the floodgates to future crises? Or do we just drown in their swill?

If we do, we're doomed. If we don't, we're doomed.

So much of Bushco's policies have brought us to that same impasse, like what to do about Iraq 33 months in.

One problem in dealing with our current situation is that there are in our previous national nistory few if any applicable precedents. We have had previous abusive presidents, but - as in the case of Nixon - there were Congresses at least partially if not completely in the hands of opposite parties and thus capable of investigating and disclosing the abuses. We had a narrowly Democratic Senate for less than two years of Bush's first term, and that Senate, under the weak leadership of Daschle, did little to expose the wrongdoing of the administration, even when things like Rove's presentation of how to use the forthcoming war for politial purposes was exposed by being left in Lafayette Park.

In the past we could count on media resources to play a role at least in part to holding politicians to account. But we have had increasing centralization of major media into fewer and fewer hands, and many of those hands are corporate, with little interest in the news per se and far more in terms of profits. Thus we have had a principal owner of a network who is himself a Democrat say that his coprorate interests are more important than his personal political leanings.

We have had the further problem of a deliberate campaign to discredit any voice that might offer criticism. I believe that CBS was set up on the TANG documents as a two-pronged attack to (a) discredit the entire issue of TANG, and (b) to simultaneously get rid of a possible important critic (CBS and Dan Rather). The timing had the unfortunate for the public interest side effect of squeezing out the air time that would ahve gone to the ivnestigation of the Niger yellowcake memo on which Josshua Micah Marshall had been working.

And finally, and I realize that some here will disagree with me on this, we have the very real possibility of the total corruption of our electoral process through manipulation of electronic devices used to count or to accumulate votes. Now, voting fraud is not a new issue (although I totally reject the idea that fraud in Chicago elected Kennedy since (a) there was significant pro-Nixon fraud in downstate Illinois, and (b) more importantly, you could flip IL's 27 electoral votes and JFK still had enough electoral votes to win -- now if there was also fraud in texas we might have a different discussion), and for me one of the most famous examples was the election in which FDR won the governshipin New York thanks to a slow and corrupt count of paper ballots in the Bronx used to voercome the Republican margin in Upstate. But at least in theory, with paper ballots they could be reexamined, with mechanical lever machines there was a tape showing a reocrd that could be checked, etc The move towards paperless electronic devices for which the source software is not available for independent examination (and as a former computer programmer I can tell you that such an examination is very insufficient since it is possible to write self-altering codde that also wipes out the alterations after it has completed its tasks, and find such self-alterations can be difficult) sacres the hell out of me, and I think we have seen far too many questionable results using such devices that go back to well before the problems even in Florida in 2000.

I have not reached the point of dispair as of yet. This administration in its arrogance has quite possible gone so far as to create an environment in which things like the media may do some of the things they should have been doing. But having succeeded in pushing such a time until after the 2004 election, the administration has denied the American people any chance to comment through its ability to vote, and even if the Democrats take back one or both houses of Congress in 2006, I note the following

- that still means at least another year before meaningful hearings could take place
- in the mean time the administration will continue to place people in judicial positions to provide them with legal cover
- barring something at this point totally unexpected (the indictment of Dick Cheney, for example), we are unlikely to see a sufficient tidal wave to give any hope of sustaining an impeachment -- you could get a majority in the House, but it is almost unimaginable that one could have a Senate that would come close to the 67 votes necessary to convict, even were the Dems to win every possible seat.

Thus the damage will be ongoing. And I do not doubt that there are those in this administration who would allow or create another terrorist attack at home to have a basis to suspend political liberties so thyat they could continue to hold power and thus enhirch themselves and their buddies. And given the "religious" orientation of some of their supporters, they might justify such an action as bringing on the final judgment in which they expect to be "justified" while all those who oppose themj are condemned to Hell.

I'm not in a happy place this morning.

One minor point. It seems to me this approval process is Reason Number One why all supporters of democracy need to vote against Alito in January. SCOTUS is the only institution that really has some way of overturning this decision or even fully exposing it. But we know how Alito feels about voting rights.

I also think it worthwhile to keep an eye on the army. Perhaps I've studied Argentina too long (with its, for a long time, institutionalized support for military coups). I don't think we'd ever see a coup. But if the military balks at the new air campaign in Iraq. If they balk at the torture exception, then Bush will find it increasingly hard to maintain his veil of authority. And heck, if they keep feeding Murtha speeches, it will hurt Bush seriously.

And I'm also fascinated by the very obvious campaign of Wilkerson, Scowcroft, 41, and now Babs to reel in 43's advisors. 41 was no great shakes. But he knew when to reverse course. Plus, they've got the family name to think of. So there may be some leadership for a reversal on some of these issues. On voting rights? Probably not, yet. But it may give us some momentum.

Where will our fancy take refuge?

Congress. Elect the oppo party in 2006 or we're really screwed.

I have comments about 2 points. Firstly, I live in the Belly Of The Beast - Texas. There have been a number of anti-Texas posts on Kos, mainly, that have created huge firestorms in our local TexasKos community. I don't respond, usually; it takes too long to explain the local-national interface, the history of Texas politics, and the peculiar local laws governing political activity. But I agree 100% with Kagro's analysis, as I understand it, that the attack on Texas was made by a group of corrupt national traitors for their own purposes, abetted by local politicians who stood to gain financially by the plan. This, in my opinion, is all about money, and always has been. There is no philosophy of small government involved, it is about small government so that the looting of the country, including Texas, can proceed more cheaply and easily. I guess you could call that a philosophy, I simply call it the cardinal sin of greed.

These folks latched onto a romantic notion, given voice by Ronald Reagan, of America being a country of sturdy, independent yeomanry, needing no government save a defense infrastructure, in order to create the footsoldiers who prepared the battlefield for the pillage of America by the likes of Enron, Halliburton, Exxon, et al - Texas was just a target of opportunity, like California was to Enron.

As an aside to this discussion of Texas, Mr. dks just announced his candidacy for TX House seat in district 122, currently held by a guy who they keep busy by letting him bring ridiculous but potentially dangerous bills to the Lege. He is financed almost completely by James Leininger, a piece of work in himself. You can read about Mr. dks's opposition http://larryforthelege.blogspot.com/2005/11/bad-worse-and-just-plain-ugly.html#links>here, but my real point is that these seats have been kept warm by carefully-chosen, non-intervening weaklings whose real allegiance is to money, not Texas or America. Mr. dks is not a politician, just a guy who is stepping into the breach because no real, Democratic politicians have the balls. I suspect most of them have been seduced by the money, too, as have the media darlings. They have all been co-opted by the money.

My second comment is about the military, and Kag's idea that it needs to be watched. Well, yeah, that's why they got rid of the dissenting generals. My greatest fear for this country is that, like in Rome, the military will have to intervene politically to save itself from ruin, then our country will be finished; the whole idea of democracy will have failed here, because as good as it can be, as much moral courage it can have, a military organization can never be a democracy. Whenever I try to articulate this fear of mine, that the military is being destroyed by this administration, and my fear is that it will act to preserve itself, I get the looks that say I am a grey-haired Cassandra. Well, Mr dks spent 30 years in the military, 24 of them with me, and I think I know it pretty intimately. And I fear it is being destroyed, and I fear it will preserve itself with a coup.

So. There you have the rantings of a menopausal Texan whose spouse is dragging her into another adventure, but this time in middle age, not the eager springtime of new love. Stay tuned, and keep your eyes on the Army.

I have to disagree with the word "treason" here, temptacious though it is. Article III Section 3: "Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."

Subverting constitutional government - or even an outright coup d'etat - is not treason (unless done on behalf of a foreign enemy). It is sedition, though the word has been in bad odor since the Alien and Sedition Acts.

Seditious bastards.

-- Rick

OK, sedition. For now. Perhaps the bushist relationship with Arabia will turn out to have been treasonous. We shall see if they don't, in fact, break the treason barrier.

Very, very interesting comments. The Army, of course, already is acting to preserve itself, though thank God they're doing so with one eye on the traditional boundaries between government and the military. But I think it's also fairly obvious that the occupying forces in DC are keenly aware of those limitations and the military's sensitivities to them, which they are already exploiting. It's the flip side of the "support the troops" hammerlock they keep the civilian population in, in which all dissent is disloyalty to the troops, if not their commander in chief. The taboo from the military side of the equation is being accused of penetrating into civilian politics.

Very much the same arc, really. "Policy" being shaped by and because of the known weaknesses and choke points that those who would pose opposition still feel bound to honor.

What's "war?" Would it be something against which the Armed Forces feel compelled to defend?

Who's the "them" it has to be "waged" against?

I still think there's a reasonable shot at an opposition party pushback, driven by the electorate.

I just wonder how long it would take a new majority party to out-bastard the bastards, as the main post hints. Once the institutional balances have been wrecked, what's available to reassemble a working equilibrium.

I take some heart in history, though it's tenuous. We were able to rebuild the republic after the civil war, and we were able to cobble some government back together after the gilded age of the late 1800's. Are there any historians around who may wish to weigh in?

Now, make no mistake: I'm not arguing that we are exceptional as a nation or protected by some invisible hand of destiny. Perhaps we have dodged as many bullets as we can, and we're about through beating the odds. But perhaps not.

In contrast to my hopeful post above, let me observe what I believe to be true, and which I've written elsewhere:

I can't prove it, but I believe we have sufficient reason to believe that the CIA, or some significant portion of it, is behind a lot of the pushback campaign against the current administration.

The conventional wisdom is that the CIA is offended at being abused and scapegoated for the ginned-up case for the war, and perhaps even moreso by the armchair, amateur spook games played by Cheney and the WHIG. It may also be the case, however unlikely, that some of these elements in the CIA are also motivated in part by what we would recognize as patriotism. Their campaign to discredit the administration, in this analysis, amounts to whistle-blowing, and is not just a function of turf battles and pride.

If this is the case, then that's all well and good, but I am nevertheless more than a bit queasy about the CIA taking an active role, placing a thumb, or more than a thumb, on the scales of American politics. Doubtless there are those who will point out my probable naivete, to think the CIA may not have performed black political ops domestically before. But it still makes me queasy. It's not a comforting precedent, even if I might agree with the need to push back against the junta in this case.

"Them" is the United States, still regarded as a plural back then. (It survives, fossilized, in the phrase "these United States.)

You raise an interesting - if horrific - question about the gray boundary between sedition and treason.

As for the Armed Forces, their responsibility is clear in principle: they swear an oath to uphold and defend the Constitution, not the president or anyone else. It becomes dreadfully unclear in practice if all branches of the federal government are in the hands of people with seditious intentions.

-- Rick

Yes, "them" is the United States. But how many of them have to have "war" waged against them for it to count?

Is just Texas enough? Texas and Georgia? Must the be attacked as states, or is it enough to wantonly lay waste to their National Guard contingents?

Further, does espionage constitute "war?" What about a sustained program of illegal counterespionage? Say, the "outing" of undercover agents still in the employ of the legitimate intelligence agencies?

Not war? Even as we fight nebulous conflicts like a "War on Terrorism" precisely because the traditional definition of national "enemies" no longer sufficiently describes those against whom we fight?

And in the "information age," are "PsyOps" war? Disinformation campaigns, both foreign and domestic?

EW -- Strong reason why the Alito nomination should be confronted on broader, deeper grounds than some convenient revelation of embarrassing papers.

They've packed the House. They've packed the Senate (using the war as a wedge). They've packed the Courts. With substantial success, they've packed the lobbies, and the regulators, and the organs of law enforcement and national security. The people and the press have largely opted out of their democratic rsponsibiities.

They're stuffing everything in one bag. The seams will not hold. It's not yet clear just when or how the thing is going to give way -- but the more things that go into that bag, the more disorderly the rupture will be.

Treason? Sedition? By any light, it's a great betrayal.

Is the King mad? Multiple Republican sources report the President is determined to "stay the course" in Iraq, even if it costs him one or both houses of Congress in the Fall.

The Fall is coming.

Function following form!

I have been thinking that the best way to break the seeming stranglehold of corruption that these conservatives now running the country have is to overwhelmingly vote them out of power. Sounds simple, but we need a theme that will be easily embraced by voters to brand these guys as bad for the country! I think looking at any one issue by itself can't make the corruption theme in a simple clear manner. What I think is needed is an overarching paradigm that these conservatives govern by which will be seen by the electorate as dangerous and unethical.

I believe most Americans believe that law and ethics come first (function) and the form used to achieve these objectives must be changing in order to meet the functional objectives. I seem to see the current ruling conservatives following a different paradigm and one that is always dangerous. That being that function follows form. In other words, these guys set out their view of end reality and everything, and I do mean everything they do is to make function follow the form they want reality to look like.

I think we all can list many examples of this such as:
the reality of Iraq and their view with resultant consequences;
the reality of healthcare (Medicare drug law) and their view with resultant consequences;
the reality of human rights and their view with resultant consequences of torture and lack of a national human ethic pride;
Many, many more.

Could not a talented PR group distill this all into a relatively simple branding message that could help voters see the lack of reality based function resulting from how these guys operate, namely that all function will follow a preconceived form? Thoughts?

Pacha

I think the CIA is something we need to treat with much more nuance here.

First, it's not the CIA currently constituted that has its thumb on the scale. It's a number of former officers, most of whom have been purged by Porter Goss. And of that group, there are some (Scheuer) who don't seem that interested in taking Bush on for his abuse of power, some (Tenet, McLaughlin) who are so compromised by Bush's failures that they can't really push back, and then a bunch of others. But it's a very disparate group, so it's hard to point to just them. And, they're out of power (like the former State crowd--Scowcroft, Powell, Wilkerson, with support from Poppy--that are showing more success at opposing Bush).

But here's another thing to consider. There is no evidence that after Iran-Contra we were able to demobilize the former intelligence officers who had set up their own covert operations. Iran-Contra legitimized non-agency intelligence ops, and they still seem to be very active. Particularly when you look at the presence of Ledeen and Ghorbanifar and Franklin's spy ring right on the borders of legitimacy.

If anyone has had its thumb on the scale, it's this group. I'm not sure how best to counter this, but I wonder whether the new crowd of ex-CIAers (the purgees) are more capable of doing so than Congress or the FBI.

Subverting constitutional government - or even an outright coup d'etat - is not treason (unless done on behalf of a foreign enemy).

It IS treason in every sense excepting the legal one, which is kind of the point.

(Websters) 'Treason': 1 : the betrayal of a trust : TREACHERY

'Traitor': 1 : one who betrays another's trust or is false to an obligation or duty.

'Treachery': 1 : violation of allegiance or of faith and confidence : TREASON

The FBI says it is reopening it's investigation in to the Niger Forgeries because of new info (from eRiposte and Emptywheel?) and greater cooperation from some witnesses. The noose tightens? We'll see.

Kagro's essay is brilliant. The comparison to King George is brilliant. A great movie for anyone who didn't see it.

On the military: They have one other option, and that is the one I believe they will take, at least as option 1. That is to tell George that it is all getting rosy in Iraq and we can bring the boys and girls home beginning next year. I see that happening already. They know we have to start withdrawing and so they will characterize it however they need to to make it happen, at least until the congresspersons tell Bush they will lose unless he announces a withdrawal.

What to do? I think a large part of the public realizes how bad it's getting. Iraq and Katrina saw to that. The most important thing is to take Congress. That will require us activists working and paying for it but also being careful not to buy into such familiar themes as "the Dems have no ideas" or "the Dems have no backbone" because both are happening and need to be nourished.

We should contribute our ideas to the emerging general theme. But we still don't have enough Dems in Congress to cannibalize any of them. Unfortunately, that includes Lieberman, much as I hate to say it. We need them all now, every one. In 2010 we can talk purity, if we do our job between now and then. But it is too soon this year. The most important votes are the ones for Reid and Pelosi.

And one more thing. If Steve Clemons is right about Barbara Bush wanting to get rid of Cheney, good. That is step one--getting rid of Agnew had to happen before it became thinkable to get rid of Nixon. Although swapping Bush/Cheney for McCain gives me pause.

emptywheel:

Those are all good points, but the sense I get listening to Sy Hersh is that these ex-company guys working on the pushback still have allies on the inside, active. I'm not so sure there's a clean inside/outside distinction to be made.

Thoughts?

But here's something I puzzle with, Mkatz. HOW is Babs going to get rid of Dick? She doesn't have the ability to name him an unindicted co-conspirator. She doesn't have subpoena power. Barring something like that happening, he's still a constitutional officer.

Impeachment addresses the removal of individuals, not regimes ... but it was constructed as a cure for conspiracies. Hamilton, in Federalist 69:

... the executive ... is to be vested in a single magistrate. ... if, in this particular, there be a resemblance to the king of Great Britain, there is not less a resemblance to the Grand Seignior, to the khan of Tartary, to the Man of the Seven Mountains, or to the governor of New York. ...

The power of the President, in respect to pardons, would extend to all cases, except those of impeachment. The governor of New York may pardon in all cases ... If a governor of New York, therefore, should be at the head of any such conspiracy ... he could insure his accomplices and adherents an entire impunity. A President of the Union, on the other hand, though he may even pardon treason ... could shelter no offender, in any degree, from the effects of impeachment and conviction.

IOW, to Hamilton the Constitution says "impeachment trumps a pardon".

Should we stop talking about impeaching W, and start moving articles of impeachment against such civil officers of the United States as he might be tempted to pardon?

Wow, wouldn't that be something if the means to the end -- an exit from Iraq -- was in fact best accomplished by agreeing, at least on the surface, that "all is getting rosy in Iraq and we can bring the boys and girls home beginning next year?"

You'd have to appear to be crazy in order to do something sane.

You'd have to take a position widely derided online as DLC/Vichy/blindly moronic in order to accomplish the goals of the positions widely applauded online as progressive and realistic.

Pacha

Good point, yes. How much dirt on the CIA do we get, after all, from uberleaker Vincent Cannistraro? But if there are people on the inside, they're working against management.

One more consideration. The most valuable thing you get from an association with the CIA is training (and access to NSA intercepts, if NSA is willing to share). Well, and gobs of money, but with money-laundering like Abramoff is capable of, who needs official cash? Which means these people outside the official CIA are every bit as empowered to do what they do as those inside.

RonK

Very good question. Why not impeach Rove and Dick. Too late to impeach Libby though. And can we impeach Bolton yet? I'm not sure we've got the evidence, but damn it'd feel good.

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