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Wednesday, July 07, 2010
Frustration on the Arizona anti-Latino lawThis is frustrating to see. The Obama administration did file suit against implementation of the stop-and-search-the-brown-people law before it formally takes effect at the end of this month. But when they did, according to James Doty in The president who won't call racism racism Salon 07/07/2010, they presented a legal argument that may wind up producing a court decision that leaves the racial-harassment provisions of the law intact! He writes:The government's complaint in the Arizona case, which challenges the law commonly referred to as SB 1070, asserts repeatedly that the law frustrates the federal government's ability to implement national immigration policy. (In legal parlance, the argument is that federal immigration law "preempts" state statutory enactments.) Entirely absent from the government's argument, though, is any claim that the law encourages officers to racially profile Hispanic residents and violate their Fourth Amendment protection from unreasonable searches -- the aspects of the law that many people find the most objectionable.In legal and moral terms, this is just the wrong approach. In political terms, this is starting to look like yet another instance where Obama and the Democrats are handed a golden opportunity - in this case to shift major numbers of Latino voters to the Democrats and also to challenge the Republicans' toxic narrative on race-related issues - and the Dems trying hard to blow it. Fortunately, as Doty mentions in his article, the ACLU is mounting a legal challenge to those sections of the law. Tags: comprehensive immigration reform, racism
McChrystal's command styleSteven Metz gives an overview of the faults in Gen. Stanley McChrystal's command style in the specific context of the Afghanistan War (Why General Petraeus Is Better Suited for Our Afghanistan Mission Than General McChrystal Ever Was Entanglements 06/24/2010):Had General McChrystal's configured his organization solely with the destruction of the enemy in mind (as with his Joint Special Operations Command in Iraq, which undertook what the military euphemistically terms "high-value targeting"), his command climate would have been well-matched. But its mission was counterinsurgency, a practice that requires its own skill sets, techniques, and procedures, and, finally, a unique and uniquely sensitive, politically sophisticated command climate.Tags: afghanistan war, counterinsurgency
Tuesday, July 06, 2010
Prosecuting officials responsible for crimes against humanitySomeday, we'll be writing things like that about American officials prosecuting the torture perpetrators from the Cheney-Bush administration. Because of the irresponsible and foolish Look Forward Not Back position that the Obama administration has taken on prosecuting public officials from the last administration for known criminal acts, there's a good chance the statute of limitations will run on many of the crimes committed.But the statute of limitations doesn't run on torture crimes. Even if the US abolished the current laws prohibiting torture - and the next Republican administration could very well do that - international law still puts the most serious requirements on prosecuting torturers. Bush himself recently said explicitly that he had ordered the water torture, aka waterboarding, a crime about which there is no question (except in the minds of torture defenders) that this is torture and a very serious crime. The 1984 Convention for the Prevention of Torture requires the Obama Justice Department, as it did the Bush Justice Department, to prosecute known torture crimes. Not only do the torture crimes themselves have to prosecuted, but also the acts of any individuals in the Bush and Obama administration who tried to block prosecution of the torturers. This isn't going away. I was reminded of this once more the last few days by news of a new prosecution of criminal acts by senior government officials from the Argentine junta that ruled that country brutally from 1976 to 1983. This year makes 27 years since the fall of that government and its replacement by a parliamentary democracy that has endured ever since. And they are still prosecuting those who ordered criminal detentions, torture and murder during that dictatorship. I could quickly reel off several reasons why those crimes shouldn't be compared to those committed by the Cheney-Bush administration in its Global War on Terror. The Argentine junta's justification for criminal acts was "terrorismo," the justification in the United States was "terrorism". Legally and morally speaking, the other arguments that the situations aren't comparable would be about as relevant. (Obviously, the very specific charges and legal citations would be particular to the future prosecutions of Cheney-Bush officials.) But the fact that the Obama administration shamefully caved on its obligation to prosecute American torture perpetrators doesn't mean that the legal jeopardy of the perpetrators is over. I certainly hope that its well before the 27-year mark of 2033 before the American prosecutions will begin. But this one isn't going away. I should note that one meaningful historical difference between Argentina and the US in this regard is that the senior junta officials were intially prosecuted in 1985; see my post 2008 Legal action after the Argentine junta of 1976-83 11/26/2008. The torture crimes aren't going away. They are too significant, have too much of an effect on international law, and are seriously a strike at the heart of the rule of law in the United States. For news on the current proceedings, see: Videla se responsabilizó por la represión, pero la definió como una "guerra interna" Clarín 05.07.2010 Videla: 'Asumo mi responsabilidad por todo lo actuado por el Ejército' El Mundo/Reuters 05.07.2010 Nora Veiras, "Mis subordinados cumplieron mis órdenes" Página 12 06.07.2010 Tags: accountability for torture, argentina, torture
Fourth of July and the American concept of freedomThe Fourth of July holiday is over (sigh). But I didn't see this piece by sociologist Claude Fischer until today: Fighting for the 4th of July Berkeley Blog 07/2/10. He gives a brief sketch of the political history of Fourth of July celebrations. He writes in part:Commemorations of the Fourth of July in the early 19th century were caught up in a political tug-of-war between the Jeffersonian Republicans who revered the Declaration of Independence and the Federalists who were less enthusiastic. (The Federalists preferred to ignore or downplay those French-like passages about universal rights, equality, and the virtue of revolutions.) As the founding generation was dying off – both Thomas Jefferson and John Adams died on July 4, 1826 – civic leaders became more eager to preserve the history of the Revolution and to promote the nation’s birthday. The Jeffersonians won.Tags: declaration of independence
Monday, July 05, 2010
On that "A Whale" boat A Taiwanese shipping magnate decided soon after the BP oil geyser began spewing to have a new oil tanker converted to be an oil skimmer. It was named A Whale, and is owned by a private company, TMT Offshore Group. For some, this has become a new complaint over "red tape." Republicans have found it convenient to promote vague stories about delays on accepting help that could be useful in order to focus attention on the shortcomings of the administration and away from BP.Lauren Frayer in BP's Oil Spill Tab Now Tops $3 Billion AOL News 07/05/2010 gives an update on the status of the ship: Results are also expected today from test runs of vessel billed as the world's largest oil skimmer, which could be put into regular service in the gulf as early as this week. The converted cargo ship, A Whale, spent the weekend attempting to clean up a 25-square mile area just north of BP's blown-out undersea well.The weather has also not been cooperative for the testing, as reported by the New Orleans Times-Picayune, Whale of a skimmer not ready to attack Gulf oil after weekend of testing 07/05/2010. There is some question as to how effective it will be even if approved by the EPA, as Mike Brunker reports for MSNBC in Oil-eating Whale or 'white elephant'? 07/02/2010: But before the 1,115-foot-long ship with the big blue whale on funnel has even undergone testing, some experts are questioning whether it can fulfill those lofty expectations.Brunker also gives this summary of how TMT put this ship together: Whether the A Whale, a Taiwanese-owned, Liberian-flagged ship, will even join the cleanup is unclear. TMT converted the oil/bulk ore carrier at a Portuguese shipyard over 10 days in early June without first obtaining a commitment from BP, which would need to sign the contract to enlist the ship in the spill response. Nor did it check with the U.S. government to ensure that the skimming operation would meet U.S. environmental and maritime standards.I've heard a lot of general gripes about useful help being turned down in the Gulf oil emergency response. But when the complaints get specific, like with this one, they may not be so convincing. Given how the Minerals Management Service (MMS) waved "red tape" aside to rush the Deepwater Horizon project into action, I'm not too impressed with the idea of rushing untested devices and technology into action on the oil cleanup. We may later wish the feds had been more closely restricting the use of dispersants and oil burning. (See David Biello, Is Using Dispersants on the BP Gulf Oil Spill Fighting Pollution with Pollution? Scientific American Online 06/18/2010) One of my Facebook contacts, who I will keep anonymous because he may think better of being conned by TMT and Republicans on this issue, posted this last Friday: A Serious P L E A D! ALL that will please call or email Congress and demand more to be done in the Gulf OIL Spill! There is a HUGE Ship the A Whale just sitting on the coast that can suck up so much OIL and The Obama Admin and Congress are killing valuable time on STUPID Red Tape.Turn everything loose on this SPILL!My favorite fact-check sites don't seem to have much of anything on this particular controversy or on BP oil-disaster whoppers in general. But Politifact does have this one: Scalise blames Obama for 'inaction' on berm plan to contain oil spill 06/29/2010. This was about Louisiana Republican Congressman Steve Scalise echoing Republian Gov. Bobby Jindal's complaint about his pet scheme to put up berms to protect Louisiana's marshes, a project it was probably foolish for the feds to approve at all, because its usefulness is highly dubious and may divert scarce resources from more effective measures. (See David Biello, Slosh and Berm: Building Sand Barriers off Louisiana's Coast to Hold Back Oil Spill Has Low Probability of Success Scientific American Online 06/18/2010.) Tags: bp oil disaster
Friday, July 02, 2010
The Afghanistan War is unpopular, and getting more soThis was evidenced by an important vote this week in the House of Representatives, as longtime peace activist Tom Hayden explains in House Stands Firm on Afghanistan Withdrawal Timetable The Nation 07/02/2010:One hundred sixty-two House members, including a large majority of Democrats, sent a significant antiwar message to President Obama last night, forcing the White House to depend for Afghanistan war support on the Republicans who want to unseat the Democrats and Obama himself in upcoming elections.This is important. Of the Democrats voting on the latter measure, 61% opposed continuation of the Afghanistan War. Obama really has achieved his dream of bipartisanship on this war: he can only continue it with the support of Republicans who know that its unpopularity will damage Democrats' electoral prospects by de-motivating their base voters to go to the polls. For some perceptive observations on the significance of even a failing vote like this, see Dibgy, Scaring the bejezuz out of 'em Hullabaloo 07/02/2010. Tags: afghanistan war, tom hayden
Today's Republican PartyIt's being more and more influenced by adherents and fans of groups like the Constitution Party and its Christian Reconstructionist ideology, as Adele Stan explains in What Rand Paul and Sharron Angle Have in Common: A Far-Right "Biblical Law" Political Party Alternet 06/15/2010.If the Tea Party could be said to have a founding father, I'd name him as Constitution Party founder Howard Phillips. Deeply influenced by the Christian Reconstructionist theology of Rousas John Rushdoony, Phillips not only helped found the religious right, but created a political party that has served as a haven for such figures as Operation Rescue founder Randall Terry and neo-militia leader Matthew Trewhella. (Founded in 1992 as the U.S. Taxpayers Party, the organization adopted the name "Constitution Party" in 1999.)Tags: christian dominionism, radical right, republican party
Thursday, July 01, 2010
Two Mississippi disasters: the BP oil geyser and Haley Barbour Mississippi Gov. Haley Barbour, a hack pretending to be a hickMelissa Block interviewed Mississippi's Republican Gov. Haley Barbour, potential Republican Presidential canidate in 2012, on the BP disaster. Mississippi Governor 'Shocked' By Coast Guard's Gulf Spill Coordination NPR 06/29/2010. Ole Haley appearing on FOX News Sunday on 06/10/2010 riduled the notion that Mississippi had any worries from the BP's oil geyser. The link is to the video of the interview. The transcript is here and Sam Stein reported on it in Haley Barbour: Oil? What Oil? Press Should Stop Scaring Tourists Huffington Post 06/10/2010. But to get the full effect you need to hear him saying it in his heavy accent. Barbour is a Washington power lawyer. But as a Mississippi politician, he affects a major cornpone accent and attitude, including often pronouncing the name of his state as "Missippi". Here's what ole Haley was saying from the transcript, except that I've corrected the spelling and added emphasis marks to partially reflect his actual pronunciation: Well, the truth is, Chris, we have had virtually no oil. If you were on the Missippi gulf coast any time in the last 48 days you didn't see any oil at all. We've had a few tar balls, but we've had - we have tar balls every year as a natural product of the Gulf of Mexico. Two hundred and fifty thousand to 750,000 barrels of oil seep into the Gulf of Mexico through the floor ev'ry year, so tar balls are no big deal. The biggest — the biggest negative impact for us has been the news coverage. There has been no distinction between Grand Isle and Venice and the places in Louisiana that we feel so terrible for that have had oil washing up on them. But the average viewer to this show thinks that the whole coast from Florida to Texas is ankle-deep in oil.Even last Friday, as large amounts of oil were just offshore and moving quickly toward the Mississippi Gulf Coast, ole Haley was sayin', "This shouldn't be a cause for alarm." (Karen Nelson, CLOSING IN: Oil now 3 miles from barrier islands Biloxi Sun-Herald 06/25/2010). Three weeks after that ludicrous appearance on FOX News, ole Haley was sounding a bit different (Anita Lee and Margaret Baker, Mississippi officials slam Coast Guard as BP oil hits shores McClatchey Newspapers 06/27/2010): Mississippi had largely escaped the onslaught of the Deepwater Horizon oil slick, even as shoreline in Louisiana, Alabama and Florida was washed by both thick gooey crude or thousands of tar balls.The Biloxi Sun-Herald, which endorsed ole for election and re-election as Governor, raked him over the coals for his strange behavior in face of the oil disaster in this editorial last Saturday: A Crude Awakening: It’s time to stop daydreaming and face up to this nightmare 06/26/2010. They even addressed the distraction aspect of the pious gesture of official prayer days over the oil catastrophe: We would give anything if a prayer or an advertisement could make this all go away.They were very explicit in condemning ole Haley's callous, irresponsible attitude toward the disaster: What happened offshore at the 30-mile and 10-mile lines of defense? What happened to the assurances that oil would be spotted and stopped long before it threatened either the Sound or the sand? [See the FOX News interview linked above for a version of Haley's hot air over this.]Given the volume of oil, even the most aggressive preparations and advocacy by Barbour and other state officials likely couldn't have prevented devastating consequences. But aggressive preparations and advocacy were not what ole Haley and his state administration provided during the first two months of the BP oil geyser: Barbour’s focus has been more limited: he has spent much of his time being an advocate for the state’s tourism industry — and for the oil industry which threatens it. And, of course, he has been playing a very active role in Republican politics. Which brings me to his interview with Melissa Block on NPR. Ole Haley is now blaming the fedrul gubment (of course!), "Unified Command, BP, whomever," for not anticipating the magnitude of the problem. But ole Haley is still sticking to his talking points from the FOX News interview! BLOCK: Governor Barbour, I'd like to talk to you a bit about your own response to the oil spill because you have been criticized for seeming to minimize how bad the problem is. You've accused the media of exaggerating how much oil is on the beaches and you've been urging tourists to come down. You said the coast is clear. The coast is no longer clear, I guess.The facts on the day ole Haley was doing that interview were reported by Donna Melton of the Biloxi Sun-Herald in Oil hitting beaches by the ton 06/29/2010: Shoreline Cleanup Assessment Team workers scoured the beaches in Harrison County [Mississippi], scooping more than a ton of contaminated sand mixed with tar patties, mats and balls into clear-plastic garbage bags.Accompanying the article was this photo of the beach at Gulfport, on the day ole Haley was telling NPR, "You know, the coast is beautiful, the beaches are pristine, the water is clear as a bell." The truth-telling Governor then went on to talk about how the BP oil catastrophe proves ... that the free market works, by Galt:Well, look, in every part of the government there is a role for good regulation that is properly done. But the idea that more regulation is necessarily better, I think a very suspect idea. In the case of this well, I believe it will be shown that if the regular protocols had been followed, that this well wouldn't have blown out. We'll see what the facts are.Mississippi, still the poorest state in the Union, needs the very best advocacy and representation from its public officials. Haley Barbour certainly hasn't provided it. But Haley's a good ole boy. And he shore has a downhome accent, don't he? Tags: haley barbour, mississippi, mississippi politics
When sentimentality substitutes for political judgment Protest supporting Gilad Shalit at Tel Aviv University, 2009Gideon Levy has an opinion piece in the Israeli paper Haaretz of the kind we see all too seldomly, if at all, in our mainstream press: Life as a soap opera 07/01/2010. His topic is a march recently held by the family of Gilad Shalit, the Israeli soldier that has been held captive by Hamas since 2006, calling for his release. Levy argues that the march's sentimental framing is actually a negative thing for the Israeli approach to understanding its political problems and finding practical solutions for them: The time has come to move up a grade. The time has come to grow up and understand that everything is political - that the real solution to our problems is political, and thus the battle can only be political. Perhaps, borne on the waves of the pseudo-protest over Shalit, with blue and white shirts and yellow ribbons, we will finally wake up enough to raise other questions, less emotional but far more serious.I'm sure there will be many who will be outraged, or at least claim to be, over Levy's criticism of the Shalit solidarity march. And I didn't follow the story closely enough to have a distinct opinion on how well the march itself was handled. It just struck me in reading it that it would be healthy if we had more challenges in American political debate over the ways in which sentimental theater can actually be destructive when applied to political affairs. The awe, for instance, in which a military figure like Gen. David Petraeus is held by members of Congress of both parties is anything but helpful to a critical approach to foreign affairs. Petraeus sailed through his confirmation hearings as commander of US forces in the Afghanistan War without any serious probing by Congress of the state of the war and how Petraeus plans to address it, and without any new airing of what really occurred during "The Surge", the 2007 round of troop reinforcements in Iraq that has become part of triumphalist military legend. Here is how Levy states his problem with the current Israeli discussion of public affairs, which he sees as "frighteningly sentimental": The struggle to secure the release of the captive soldier has turned into a soap opera. There is his brother falling in love with a young woman in the protest tent, there is Tami Arad in a sweet photograph with her daughter on the cover of the newspaper, there are the noble parents and the impressive grandfather marching together, and there is the question posed to the prime minister: What would have happened had it been your son? With such opening credits, it is easy to mobilize support - as though if Shalit had had grumbling parents and a screeching grandfather, from Mitzpeh Ramon rather than Mitzpeh Hila, their fate would be less cruel.War is obviously a very sentimental thing. And the treatment by the enemy of one's own prisoners is an enduring cause of resentment and hatred in any conflict. President Nixon made the prisoners of war held by the North Vietnamese into his main justification for continuing the war up until the Paris Peace Agreement of 1973. John McCain, who was one of those prisoners, still uses his experience as a POW as a selling point for himself as a candidate. Wesley Clark fell into bad favor with the Obama campaign in 2008 when he said on television that McCain's experience as a pilot didn't necessarily give him particular qualifications for military command. Our sad excuse for a national press, who adore McCain in the most sentimental kind of way, treated Clark's comments as a scandal. And Obama foolishly caved to the criticism from the press and the Republicans and disowned Clark's remarks, as well as dropping him as a spokesperson for the campaign. Even leaving aside that as a general, Clark presumably has some actual experience in making such determinations on a professional basis, what he said was plainly true. Having served in the military will always be seen as a positive element of public service in a candidate's biography. But McCain doesn't talk about war like a strategist or a practical commander. He talks about it like a high school football coach who repeats "never quit" over and over. It certainly seems to me that however much of his views on war came from his own dramatic and grim experience in Vietnam, that he views war as having only one acceptable outcome, the complete surrender of the Other Side to Americans. Anything less is inadequate. Any question of what are acceptable costs in light of expected gains seem to become entirely secondary, if not completely irrelevant, to him. One could even speculate that McCain's experiences as a pilot and a POW, which required him to focus singlemindedly on accomplishing a particular mission (hitting the assigned targets, surviving), led him to draw conclusions that would make him a poor commander, one willing to take foolish risks without a realistic assessment of consequences. But the press reaction to Clark's statement seemed to have been driven by a sense of emotional outrage that Clark had somehow besmirched McCain's military service. In fact, he had made a perfectly valid and practical point. And so does Gideon Levy: letting sentimental outrage substitute for real understanding and sensible judgments makes for bad policy decisions. Tags: afghanistan war, israel
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