Tuesday, March 03, 2009

Arrest John Yoo

If nothing else, he's going to have be the fall guy for Bush, Cheney, Rumsfeld, et. al.:

The secret legal opinions issued by Bush administration lawyers after the Sept. 11 attacks included assertions that the president could use the nation’s military within the United States to combat terrorism suspects and to conduct raids without obtaining search warrants. ...

The opinions reflected a broad interpretation of presidential authority, asserting as well that the president could unilaterally abrogate foreign treaties, ignore any guidance from Congress in dealing with detainees suspected of terrorism, and conduct a program of domestic eavesdropping without warrants. ...

Yoo is currently a law professor at UC-Berkeley (a real bastion of conservatism, that institution). He provided the legal cover for Alberto Gonzales to tell the president he could torture, wiretap, and otherwise disregard the US Constitution (of course, even with the tortured justification in these memos, they are all also guilty of crimes against the state and should be arrested, charged, and put on trial. But they won't be, of course). Emphasis following mine:

The opinion authorizing the military to operate domestically was dated Oct. 23, 2001, and written by John C. Yoo, at the time a deputy assistant attorney general in the Office of Legal Counsel, and Robert J. Delahunty, a special counsel in the office. It was directed to Alberto R. Gonzales, then the White House counsel, who had asked whether Mr. Bush could use the military to combat terrorist activities inside the United States.

The use of the military envisioned in the Yoo-Delahunty reply appears to transcend by far the stationing of troops to keep watch at streets and airports, a familiar sight in the wake of the Sept. 11 attacks. The memorandum discussed the use of military forces to carry out “raids on terrorist cells” and even seize property.

“The law has recognized that force (including deadly force) may be legitimately used in self-defense,” Mr. Yoo and Mr. Delahunty wrote to Mr. Gonzales. Therefore any objections based on the Fourth Amendment’s ban on unreasonable searches are swept away, they said, since any possible privacy offense resulting from such a search is a lesser matter than any injury from deadly force.

The Oct. 23 memorandum also said that “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” It added that “the current campaign against terrorism may require even broader exercises of federal power domestically.”

Mr. Yoo and Mr. Delahunty said that in addition, the Posse Comitatus Act, which generally bars the military from domestic law enforcement operations, would pose no obstacle to the use of troops in a domestic fight against terrorism suspects. They reasoned that the troops would be acting in a national security function, not as law enforcers.

In another of the opinions, Mr. Yoo argued in a memorandum dated Sept. 25, 2001, that judicial precedents approving deadly force in self-defense could be extended to allow for eavesdropping without warrants.

Still another memo, issued in March 2002, suggested that Congress lacked any power to limit a president’s authority to transfer detainees to other countries, a practice known as rendition that was widely used by Mr. Bush.

Other memorandums said Congress had no right to intervene in the president’s determination of the treatment of detainees, a proposition that has since been invalidated by the Supreme Court.

And since Yoo hasn't purchased a large ranch in Paraguay (one of the countries in South America where the Nazi war ciminals fled, because it has a no-extradition policy), then he should be taken into custody before he flees the country.

Monday, March 02, 2009

The Weekly Wrangle

Celebrating the new spring month of March with Texas Independence Day and some blustery cool weather, the Texas Progressive Alliance bloggers round up last week's postings for your Monday morning reading.

McBlogger takes a look at possibilities for 2010.

Bay Area Houston is following a bill to abolish the Texas Residential Construction Commission.

BossKitty at TruthHugger is sad to see that some things have not changed in the minds of the losers: CPAC Fans Fuse of Hatred - Seeks Civil War.

jobsanger discussed a couple of Supreme Court cases. The first, A Good Supreme Court Decision, denied anyone convicted of misdemeanor domestic abuse the right to own a gun, and the second case, TheRight To Know The Penalties, to be heard this fall, will settle the matter of whether an immigrant defendant has a right to be informed of all penalties that could be imposed in his case -- including deportation.

Off the Kuff takes a look at the push for expanded gambling in the Lege this session.

Can you read this resolution, posted on Bluedaze: DRILLING REFORM FOR TEXAS and find any good reason why Big Oil should get to keep the hydraulic fracturing exemption from our Safe Drinking Water Act? Yeah, TXsharon didn't find one either.

nytexan at BlueBloggin comments on the Hypocritical GOP Fiscally Responsible and with no surprise, the world of the GOP is definitely a parallax view.

The Texas Cloverleaf reviews the TX Stonewall biennial conference in Austin and notes who was or wasn't there among elected officials and hopefuls.

WCNews at Eye On Williamson posts on the economic changes that are starting to show up locally in The state of the economy in Williamson County.

Neil at Texas Liberal states his intent to make videos for the blog in Big Texas Liberal Blogging Announcement and Innovation. Also, Neil discusses Ice Age beasts in Massive Fossil Find--Should Ice Age Creatures Be Brought Back From The Dead?

CouldBeTrue of South Texas Chisme is hopeful that the adults will address the drug cartel violence and figure out how to end the war -- the drug war, that is.

Rhetoric & Rhythm laments the fact that George W. Bush has become a scapegoat for the conservative movement. Bush did everything they wanted. It's not HIS fault that their ideas don't work.

Xanthippas at Three Wise Men posted on the mixed bag that is the Obama administration's decision to try captured terrorist suspect al-Marri in the criminal justice system and what this might mean for the future of the "war on terror."

Do you know the real reason John Sharp and Bill White aren't running for governor? Because they're afraid they will get whipped by a girl, just like Rick Perry. So says PDiddie at Brains and Eggs.

Over at Texas Kaos the 2.7 trillion that Duyba forgot to mention as part of his deficit. As Libby tells it, the people who should have been on top of this little detail weren't. "...The bubble dwellers don't know what is going on outside of their self-fixated bubble. Now I understand why President Obama leaves that nutty and toxic place when he wants to speak to real people..."

WhosPlayin has video and commentary on Lewisville's first Barnett Shale gas well.

Sunday, March 01, 2009

Sunday Funnies

Click on the toon for an unobstructed view ...






This week's installment of "Republicans Unhinged"

Can't add anything to this:

When Republicans suffered a disastrous beating in November's election, it would have been fair to assume that things could not get worse for them: the-most-liberal-Senator was to be president, Nancy-Pelosi-from-San-Francisco was going to lead a massive Democratic majority in the House, and assorted socialists were going to run things. That was bad, yes, but this week, just like the stock market (funny how that goes), Republicans hit yet a new low. In recent days, Republican leaders were called cheesy, off-putting, disastrous, untrustworthy, and inconsequential, not by Democrats, but by their party's own members, from high-profile commentators to Governors.

The highlight of the GOP week was, of course, Governor Bobby Jindal's response to Barack Obama's Congressional address. The best that can be said for Jindal's performance is that it channeled Kenneth the Page from 30 Rock, presumably not the objective, even for someone who willingly changed his name to "Bobby." But the past seven days have offered so many moments of breathtaking inanity by the GOP that our head spins at trying to organize them cohesively. With the country on the verge of being swallowed up in its entirety by the spiraling economy, Republicans obsessed over Obama's citizenship, gay people, pregnant women with HIV, helicopters, primary challenges to their own Senators from porn stars and Christian fundamentalists, registration forms, hopeless recounts, and assorted variations on the 1981 theme of "Government Is The Problem."


Of course the author doesn't live in Texas, so he doesn't know that our Deep-In-The-Hearta conservatives out-goof their national counterparts every single time:

Rep. Ron Paul vehemently denounced the $410 billion catch-all spending bill approved last week by the House of Representatives.

But although the libertarian-leaning Republican from Lake Jackson cast a vote against the massive spending measure, his fingerprints were on some of the earmarks that helped inflate its cost.

Paul played a role in obtaining 22 earmarks worth $96.1 million, which led the Houston congressional delegation, according to a Houston Chronicle analysis of more than 8,500 congressionally mandated projects inserted into the bill. His earmarks included repair projects to the Galveston Seawall damaged by Hurricane Ike and the Gulf Intracoastal Waterway.

Following Paul was Rep. John Culberson, R-Houston, who got earmarks worth $63.6 million. But it was a bipartisan spending spree. Just behind the GOP duo were Houston Democrats Al Green with $50.1 million in pet projects and Sheila Jackson Lee with $37.6 million.

Earmarks, said Rep. Ted Poe, R-Humble, “allow lawmakers to have a say in how taxpayer dollars (are) spent.” His nine earmarks included $712,500 to mitigate airport noise at George Bush Intercontinental Airport.


They all voted against the stimulus bill, then rushed to the front of the trough to gobble up the largest portions of it. You canNOT make up hypocrisy this rank.

And we haven't even mentioned Kay Bailout vs. Governor Goodhair or the Texas Lege yet, have we?