Alarums and excursions 149

The Oil Pollution Act 1990 makes the President wholly responsible for cleaning up an oil spill.

Jim Campbell at Canada Free Press tells us more about what the law says:

Amended Section 311 of the federal Clean Water Act. Section 311 now provides in part that:

(A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge.

(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Government–

(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and

(ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.

For a picture of the sheer panic now gripping the White House  –  comic  in contrast to the appallingly serious consequences of the oil spill itself – read this account in the Washington Post. Of course that newspaper doesn’t intend its report to be funny. It intends to show how hard the administration is trying to cope with the crisis, and suggest that it’s really tough on the poor [actually plain incompetent and managerially inexperienced] president. But it’s irresistibly Keystone Kops laughable all the same.

Examples:

The administration is now scrambling to reclaim control, the appearance and the reality of it, over a situation that defies both.

It has been a hasty and somewhat chaotic mobilization of a wide array of disparate government resources — including the Environmental Protection Agency, the Federal Emergency Management Agency, the Food and Drug Administration and the military

The new normal at the Obama White House has required that a whole new schedule be laid on top of the old one. There is a daily oil-spill conference call for Cabinet officers, one for their deputies, yet another with the governors of affected states, and sometimes as many as three briefings a day that include the president himself. …

Though every day is jammed with interagency conference calls and a river of e-mails in between, some officials complain that at times they still feel like they are talking past each other. …

Signals get crossed. On Wednesday, the Minerals Management Service approved two shallow-water drilling permits, only to reverse both the next day, along with those for three other shallow-water operations. Some officials in the Gulf Coast region have complained that they can’t figure out what the administration’s drilling policy really is these days. …

In his radio address Saturday, Obama enumerated the scope of his endeavor to contain the damage, including 17,500 National Guard troops; 20,000 personnel protecting the waters and coasts; 1,900 vessels; 4.3 million feet of boom.

Obama has also called in some of the many scientists on the federal payroll …

The president has pressured other oil companies to step up… [expecting] the entire petroleum industry to dedicate its engineering talent to fixing the spill and preventing others. …

But Obama and his team are still feeling their way, and it is not at all clear what this vast marshaling of resources will accomplish. …

Attorney General Eric H. Holder Jr. has launched criminal and civil investigations …

The administration is sending as its emissaries officials who have ties to the region ..

White House officials complain, with some justification, that they are caught between contradictory narratives about their handling of the crisis: that the president is not engaged enough in the details of the response, or that he is getting bogged down in them; that he should spend more time in the gulf making common cause with its residents, or that his repeated trips down there are merely publicity stunts.

And there remains the question of whether, for all its efforts, the administration can really gain control, or even the illusion of it. …

Obama’s abasement of America 16

China is one of the worst, possibly the worst regime on earth. Under Mao tens of millions were starved to death, more millions committed suicide, and hundreds of millions were deliberately murdered – many more than the 70 million calculated, because for decades most newborn baby girls were killed. China still allows no free speech, no free press, no freedom of assembly. Torture is routine in its prisons and gulags. Its citizens are imprisoned without trial. In any case trials are travesties of justice. The government’s entire business is to protect itself against the people. In sum, China is an evil Communist dictatorship. The dictators are wholly without moral compunction.

In very bad faith these monsters accuse America of “violations of human rights”.  Obviously this is chutzpah writ very large indeed. The Chinese cite crime levels in the US as if common crime were the result of government policy. They cite measures of defense, such as those taken under the Patriot Act, as if they were morally illegitimate.  (See the accusations below in our post, Seeing ourselves as others see us.) The contrast between the governmental system of the United States, designed to protect the people from tyranny, and the Communist system designed to tyrannize over the people, could not be greater.

It is true that the present administration of the United States has a dictatorial inclination, so much so that we often allude to Obama as “the dictator”. We don’t doubt that he is a collectivist by temperament and training. We would not be astonished to learn that he thinks the Chinese system of government is better than the one set up by the framers of the United States Constitution. While he is in power he can do a lot of damage – has done much already – but he will not destroy American freedom. The people will not let him.

He himself does not value individual liberty. He has absorbed a distorted version of American history from his Marxist parents, mentors, teachers, and associates.

And so he has his legates confess what he sees as America’s political sins to – the Communist dictators of China!  In what amounts to a form of apology, Assistant Secretary of State Michael Posner tarred his own country with guilt and shame – and then boasted that had done so.

It was not even enough that Obama’s envoy should  express repentance for the accusations China made; in addition he threw in one that the Chinese had not mentioned. He condemned a perfectly constitutional and morally defensible law recently made in Arizona to protect itself from massive illegal immigration. (Posner has probably not even read the law. Neither Attorney General Eric Holder nor  Homeland Security head, Janet Napolitano, has read it, by their own admission!)

Obama has done dreadful harm to his country: crippling its economy, putting it into unfathomable debt, appeasing the Islamic bloc while it is at war with Islam, and simultaneously  antagonizing its traditional allies. But of all that he has done, abasing the nation he leads before the blood-soaked  despots of Communist China is surely the most despicable.

The meaning of patriotism 87

It seems that many if not quite all of the Dictator’s appointees to jobs in his administration are left-radical sympathizers with America’s enemies. But few are in a position actively to aid them. The attorney general is in the best position to do so if he chooses. He could, for instance, staff the Department of Justice with lawyers who have a record of defending terrorists – and not just defending them but working hard for their acquittal even outside the limits of the law; persons who have shown themselves to be passionately on the other side.

But surely he wouldn’t do such a thing, would he?  The Attorney General of the United States cannot be against America and for its enemies, can he?  Okay, it’s true he has in fact brought such persons into his Justice Department, but they must be as patriotic as he is – wouldn’t you assume?

“Does helping jihadists lie, plot, and identify CIA agents demonstrate patriotism — or material support to terrorism?” – Andrew McCarthy asks. And he answers his own question in this illuminating article at the National Review Online which we quote in part:

Bravely entering the lion’s den — delivering a speech in praise of left-wing, “pro bono” lawyering to a group of left-wing, pro bono lawyers — Attorney General Eric Holder recently declared that “lawyers who provide counsel for the unpopular are, and should be, treated as what they are: patriots.”

Sure they are. After all, Holder explained, they “reaffirm our nation’s most essential and enduring values” — like the value we place on coming to the aid of our enemies in wartime. And let’s not forget the value we place on advocating for the release of those enemies who, as night follows day, then return to the business of killing Americans. Sure, the nation somehow missed these essential and enduring values in the two-plus centuries between the Revolutionary War and the War on Terror, but hey, who’s counting?

The attorney general’s encomium was prompted by critics who had embarrassed him, finally, into disclosing at least some of the names of former Gitmo Bar members he recruited for policymaking jobs at DOJ. They “do not deserve to have their own values questioned,” he said of these lawyers. Just like many attorneys at Covington & Burling, Holder’s former firm (which made representing enemy combatants its biggest “pro bono” project), they answered the call of “our values” because, you know, the detainees are so very “unpopular” among the American legal profession.

Truth be told, what’s most unpopular in our elite legal circles is the Bush administration. Bush’s lawyers approved, and Bush’s executive agencies carried out, aggressive counterterrorism policies on interrogation, detention, and surveillance after some of the Gitmo Bar’s clients killed nearly 3,000 Americans. What about those unpopular lawyers and agents? For some reason, Covington & Burling and the other barrister battalions did not volunteer to represent them. And Holder wasn’t content merely to question their “values”; he accused them of war crimes. …

The attorney general’s pep rally occurred just as the public was getting its first glimpse of the peculiar notions of “representation” shared by several Gitmo Bar veterans.. We now know a good deal about several of these volunteer lawyers. To take just a few examples, they provided al-Qaeda detainees with a brochure that instructed them on how to claim falsely that they had been tortured; fomented a detainee hunger strike that disrupted security and precipitated fabricated reports that prisoners had been tortured and force-fed; provided the detainees with other virulently anti-American propaganda (for example, informing them about the Abu Ghraib scandal, comparing U.S. military physicians to Josef Mengele, and labeling DOJ lawyers “desk torturers”); gave the enemy-combatant terrorists a hand-drawn map of Gitmo’s layout, including guard towers; helped the enemy combatants communicate messages to the outside world; informed the detainees of the identities of other detainees in U.S. custody; and posted photos of Guantanamo security badges on the Internet in a transparent effort to identify U.S. security personnel.

And that’s not the worst of it — [there is] the Gitmo Bar’s shocking effort to identify CIA interrogators. The lawyers — from the ACLU and the National Association of Criminal Defense Lawyers, perversely calling themselves “the John Adams Project” — actually had investigators stalk U.S. intelligence officers, surveilling them near their homes and photographing them … The photos were then smuggled into Gitmo and shown to top terrorists to determine whether they recognized which intelligence agents had questioned them.

Interestingly, the attorney general claimed that al-Qaeda’s volunteer lawyers deserve the public’s “respect” because they “accept our professional responsibility to protect the rule of law.” All of the above-described activities not only violated the law; they occurred in flagrant contravention of court-ordered conditions that were placed on the lawyers’ access to their “clients.” Evidently, violating statutes and contemptuously flouting court orders protects the rule of law in the same way that coming to the enemy’s aid exhibits patriotism. That’s “our values” for you. …

During the Valerie Plame controversy, we were treated to lectures from the American Left over the dire need to protect CIA agents. That, coupled with the fact that Patrick Fitzgerald, who ran the Plame investigation, is now leading a probe of the Gitmo lawyers, has brought renewed attention to the Covert Agent Identity Protection Act, the statute at the center of the Plame case….

Federal law prohibits providing material support to terrorists and terrorist organizations. Almost any assistance qualifies. The relevant statutes … exempt only “medicine and religious materials.” Though not stated in the statute, legitimate legal assistance must also be exempt — indicted terrorists are entitled to counsel. This was [Lynne] Stewart’s attempted [and failed] defense. [See here and here.] The jury, however, rejected the absurd contention that activities like helping the head of an international terrorist organization convey messages to his subordinates constituted “representation” by an attorney.

It would be interesting to know whether the attorney general thinks legitimate representation by counsel includes stalking the CIA, conspiring to identify covert agents and security personnel, inciting disruptions, providing terrorists with information in rampant violation of court orders, and the Gitmo Bar’s other outrages. Assuming Holder agrees that this is not the “rule of law” he had in mind, why would such activities not constitute material support to terrorists?

Moreover, the Espionage Act prohibits the obtaining of information respecting the national defense with the intent that it be used to the injury of the United States. Specifically included, among many other examples of conduct criminalized under the statute, is the taking of photographs of “anything connected with the national defense.” Doesn’t Mr. Holder think snapping photos of CIA interrogators involves photographing something connected with our national defense? Doesn’t the unauthorized display of such photos to mass murderers at war with our country bespeak an intention to harm the United States?

Certainly the CIA believes that what the Gitmo Bar pulled here was a serious threat to its agents and our country. Yet press reports indicate that the Justice Department didn’t think it was a big deal and resisted CIA demands that enforcement action be taken. Those of us who have pressed for disclosure of the identities and current responsibilities of former detainee lawyers now working at DOJ have argued that the public is entitled to know about potential conflicts of interest. This would certainly seem to be one. Have any former Gitmo lawyers been involved in the Justice Department’s consideration of misconduct by the detainees’ attorneys? …

While she was at Human Rights Watch (HRW), Jennifer Daskal brought to DOJ by Holder to work on detainee policy despite lacking any prosecutorial experience — played a central role in HRW’s investigation of the CIA. She was largely responsible for its exposure of covert CIA operations (specifically, identifying and publicizing airplanes used by the agency) and its disclosure that the CIA was secretly using prisons in Europe (and elsewhere) to hold top al-Qaeda captives. Daskal met with European Parliament officials and armed them with information that was used to pressure the Bush administration to shut down its detention and interrogation program.

Daskal, who called Bush the “torture president,” was a tireless critic of enhanced-interrogation tactics and other Bush counterterrorism policies. Moreover, in a 2006 memo, she asked the U.N. Human Rights Committee to investigate the United States for, among other things, using “the cloak of federalism” to avoid international governance [!!!-JB]; denying enemy combatants full access to the federal courts during what she described as the so-called ‘war on terror’”; purportedly violating international treaties by operating not only Gitmo but “supermax” civilian prisons; using secret prisons for War on Terror detainees; detaining terrorism suspects on material-witness warrants; employing military-commission procedures; imposing racially rigged enforcement of the death penalty; and denying illegal aliens the right to organize in labor unions.

That is to say, Daskal has been a harsh critic of the United States, a reliable advocate for terrorists, and a champion of compromising the CIA’s wartime activities. …

I’m betting most Americans would sense a chasm between their values and Ms. Daskal’s — and between their idea of patriotism and Mr. Holder’s.

Go tell bin Laden 86

Obama and his leftist administration refuse to accept that war has been declared on America (and the whole non-Muslim world), and is being planned and fought without moral scruple by Muslim terrorists.

Why they refuse to accept this fact one can only surmise. We suspect it is because Obama in particular and the Left in general is irrationally sympathetic to Islam.

What is plain is that confusion has arisen, as it must, from misdiagnosing the cause of the terrorist violence, such as the attempt to blow up a plane over Detroit on Christmas day by an al-Qaeda operative. The Attorney-General, Eric Holder, who worked for a firm (Covington & Burling) with a long record of defending terrorists and their helpers free of charge –  and so patently out of ideological sympathy – is determined to treat terrorists as ordinary law-breakers. Then he is forced by angry criticism to recognize that they might have information useful for defending the nation, and has to allow them to be gently implored to yield up some of it.

If they do, he makes it known to Old Uncle Tom Cobbley and All, including Mohammed Cobbley over at al-Qaeda, that they have spilled the beans, mostly so that he can boast that chatting with these fellows gets as good a result as did the ‘enhanced interrogation techniques’ – ie waterboarding – used by the previous administration. Now bin Laden’s planners can make their adjustments accordingly.

The question arises, is this naivety, stupidity, or a conscious and cunning plan to assist the enemy? No motive, however base, discovered in such men as Obama and Holder would surprise us, but we doubt that they are clever enough to form such a plan.  So  it probably comes out of a mixture of blind emotional sympathy with Islamic terrorists, puerile hatred of George W. Bush, and crass stupidity (which last would also account for the first two).

From Investor’s Business Daily:

The administration says the Christmas bomber is now cooperating with authorities. We thought they got all the information he had in a 50-minute chat. So just why are we letting our enemies know he’s talking?

In any war, it’s vitally important that you know what your enemy is planning and doing, just as it’s important that your actions and plans remain secret. And when you know about your enemy’s plans it’s important they don’t know that you know.

We were told not to worry when the Christmas bomber, Umar Farouk Abdulmutallab, was taken into custody and Mirandized almost immediately. We were told we got all the information he had in 50 minutes. Larry King has done longer and better interviews.

Now the story has changed. Apparently we didn’t get all the information he had, for the administration has publicly announced that Mr. Abdulmutallab is now cooperating with authorities, presumably telling us what he really knows about the intentions of al-Qaida in the Arabian Peninsula. If so, that is good news.

What’s not so good news is that to score political points, the administration has told the world and al-Qaida that we are learning what Abdulmutallab knows, and now al-Qaida will know we know what he knows. They will change their plans, move their assets and attempt to thwart any U.S. action based on any valuable information he may be providing.

Abdulmutallab has been providing information in recent days, an administration official said last Tuesday on condition of anonymity. This announcement was presumably made to make the point that the administration’s decision to abandon enhanced interrogation techniques was justified.

This announcement made Sen. Christopher Bond, R-Mo., justifiably furious. Bond promptly dashed off a letter of protest to President Barack Obama. In the letter he noted that on Feb. 1 the leadership of the Senate Intelligence Committee received notice from the Federal Bureau of Investigation concerning Abdulmutallab’s recent willingness to provide critical information.

The problem, Bond said, was that a short 24 hours later “White House staff assembled members of the media to announce Abdulmutallab’s cooperation and to laud the events that led to his decision to cooperate with law enforcement personnel. This information immediately hit the airwaves globally, and, no doubt, reached the ears of our enemies abroad.”

This is an unconscionable betrayal of the public trust, one that puts American lives and national security at risk,  jeopardizes future American actions and gives our terrorist enemies an unnecessary and dangerous heads-up.

Upholding injustice 183

… or ‘Holdering  justice’  – seems to amount to the same thing.

With Attorney General Eric Holder at the head of it, the US Justice Department would be better named the Injustice Department.

This from the Washington Times shows why:

The Democrat-controlled House Judiciary Committee on Wednesday rejected by a 15-14 vote a resolution of inquiry that would have forced the Justice Department to tell Congress why it dismissed a civil complaint against members of the New Black Panther Party who disrupted a Philadelphia polling place in the November 2008 election.

The party-line vote had been sought by Rep. Frank R. Wolf, Virginia Republican, who, along with Rep. Lamar Smith of Texas, ranking Republican on the House Judiciary Committee, said they have been unable to get information from the department on the complaint’s dismissal.

“I am deeply disappointed that the Judiciary Committee defeated my resolution of inquiry on a party-line vote. There has been no oversight, no accountability and certainly no transparency with regard to this attorney general and this Department of Justice,” Mr. Wolf said. “Where is the ‘unprecedented transparency’ that this administration promised? Where is the honesty and openness that the majority party pledged? The American people deserve better,” he said….

Rep. Dan Lungren, California Republican, described the dismissal of the complaint as “a denial of justice” and Rep. Robert W. Goodlatte, Virginia Republican, said the resolution was an attempt to hold the Justice Department accountable to Congress.

The 15 Democrats, led by Judiciary Committee Chairman John Conyers Jr. of Michigan, sent the resolution to the House floor with an adverse recommendation, voting it “unfavorably” out of committee. …

Mr. Wolf said that after ignoring seven letters over seven months seeking information on the case and failing to comply with subpoenas from the U.S. Commission on Civil Rights, he decided to seek the resolution. He said Attorney General Eric H. Holder Jr. continues to “thwart all efforts to compel an explanation for the dismissal.” …

Mr. Wolf, ranking Republican on the House Appropriations subcommittee on commerce, justice, science and related agencies that funds the Justice Department, also said that while the Justice Department is claiming broad privileges to avoid disclosing any new information regarding the case, many legal scholars have challenged the department’s assertions of privilege. He said the committee’s failure to approve his resolution had set a “troubling precedent.”

“Is it going to continue to blindly defer to all unsubstantiated claims of privilege from the department?” he asked. “The Justice Department has gone as far as to claim privilege and redact seven pages of a letter I sent to the attorney general and released publicly on July 31, 2009.

“I sincerely question the judgment of the Civil Rights Division leadership — both in its dismissal of this case and its stonewalling of this Congress and the Commission on Civil Rights,” he said.

Mr. Wolf argued that the complaint was “inexplicably dismissed” earlier this year over the objections of the career attorneys overseeing the case as well as the departments own appeal office. He said he regretted resorting to an oversight resolution, but “Congress and the American people have a right to know why this case was not prosecuted.” …

Ten most corrupt politicians 158

Here is the 2009 list of the Ten Most Wanted Corrupt Politicians released by Judicial Watch, the public interest group that investigates and prosecutes government corruption:

Senator Christopher Dodd (D-CT): This marks two years in a row for Senator Dodd, who made the 2008 “Ten Most Corrupt” list for his corrupt relationship with Fannie Mae and Freddie Mac and for accepting preferential treatment and loan terms from Countrywide Financial, a scandal which still dogs him. In 2009, the scandals kept coming for the Connecticut Democrat. In 2009, Judicial Watch filed a Senate ethics complaint against Dodd for undervaluing a property he owns in Ireland on his Senate Financial Disclosure forms. Judicial Watch’s complaint forced Dodd to amend the forms. However, press reports suggest the property to this day remains undervalued. Judicial Watch also alleges in the complaint that Dodd obtained a sweetheart deal for the property in exchange for his assistance in obtaining a presidential pardon (during the Clinton administration) and other favors for a long-time friend and business associate. The false financial disclosure forms were part of the cover-up. Dodd remains the head of the Senate Banking Committee.

Senator John Ensign (R-NV): A number of scandals popped up in 2009 involving public officials who conducted illicit affairs, and then attempted to cover them up with hush payments and favors, an obvious abuse of power. … Ensign admitted in June to an extramarital affair with the wife of one of his staff members, who then allegedly obtained special favors from the Nevada Republican in exchange for his silence. According to The New York Times: “The Justice Department and the Senate Ethics Committee are expected to conduct preliminary inquiries into whether Senator John Ensign violated federal law or ethics rules as part of an effort to conceal an affair with the wife of an aide…” The former staffer, Douglas Hampton, began to lobby Mr. Ensign’s office immediately upon leaving his congressional job, despite the fact that he was subject to a one-year lobbying ban. Ensign seems to have ignored the law and allowed Hampton lobbying access to his office as a payment for his silence about the affair. (These are potentially criminal offenses.) It looks as if Ensign misused his public office (and taxpayer resources) to cover up his sexual shenanigans.

Rep. Barney Frank (D-MA): Judicial Watch is investigating a $12 million TARP cash injection provided to the Boston-based OneUnited Bank at the urging of Massachusetts Rep. Barney Frank. As reported in the January 22, 2009, edition of the Wall Street Journal, the Treasury Department indicated it would only provide funds to healthy banks to jump-start lending. Not only was OneUnited Bank in massive financial turmoil, but it was also “under attack from its regulators for allegations of poor lending practices and executive-pay abuses, including owning a Porsche for its executives’ use.” Rep. Frank admitted he spoke to a “federal regulator,” and Treasury granted the funds… Moreover, Judicial Watch uncovered documents in 2009 that showed that members of Congress for years were aware that Fannie Mae and Freddie Mac were playing fast and loose with accounting issues, risk assessment issues and executive compensation issues, even as liberals led by Rep. Frank continued to block attempts to rein in the two Government Sponsored Enterprises (GSEs)… Frank received $42,350 in campaign contributions from Fannie Mae and Freddie Mac between 1989 and 2008. Frank also engaged in a relationship with a Fannie Mae Executive while serving on the House Banking Committee, which has jurisdiction over Fannie Mae and Freddie Mac.

Secretary of Treasury Timothy Geithner: In 2009, Obama Treasury Secretary Timothy Geithner admitted that he failed to pay $34,000 in Social Security and Medicare taxes from 2001-2004 on his lucrative salary at the International Monetary Fund (IMF), an organization with 185 member countries that oversees the global financial system. (Did we mention Geithner now runs the IRS?) It wasn’t until President Obama tapped Geithner to head the Treasury Department that he paid back most of the money, although the IRS kindly waived the hefty penalties. In March 2009, Geithner also came under fire for his handling of the AIG bonus scandal, where the company used $165 million of its bailout funds to pay out executive bonuses, resulting in a massive public backlash. Of course as head of the New York Federal Reserve, Geithner helped craft the AIG deal in September 2008. However, when the AIG scandal broke, Geithner claimed he knew nothing of the bonuses until March 10, 2009. The timing is important. According to CNN: “Although Treasury Secretary Timothy Geithner told congressional leaders on Tuesday that he learned of AIG’s impending $160 million bonus payments to members of its troubled financial-products unit on March 10, sources tell TIME that the New York Federal Reserve informed Treasury staff that the payments were imminent on Feb. 28. That is ten days before Treasury staffers say they first learned ‘full details’ of the bonus plan, and three days before the [Obama] Administration launched a new $30 billion infusion of cash for AIG.” Throw in another embarrassing disclosure in 2009 that Geithner employed “household help” ineligible to work in the United States, and it becomes clear why the Treasury Secretary has earned a spot on the “Ten Most Corrupt Politicians in Washington” list.

Attorney General Eric Holder: … Judicial Watch strongly opposed Holder because of his terrible ethics record, which includes: obstructing an FBI investigation of the theft of nuclear secrets from Los Alamos Nuclear Laboratory; rejecting multiple requests for an independent counsel to investigate alleged fundraising abuses by then-Vice President Al Gore in the Clinton White House; undermining the criminal investigation of President Clinton by Kenneth Starr in the midst of the Lewinsky investigation; and planning the violent raid to seize then-six-year-old Elian Gonzalez at gunpoint in order to return him to Castro’s Cuba. Moreover, there is his soft record on terrorism. Holder bypassed Justice Department procedures to push through Bill Clinton’s scandalous presidential pardons and commutations, including for 16 members of FALN, a violent Puerto Rican terrorist group that orchestrated approximately 120 bombings in the United States, killing at least six people and permanently maiming dozens of others, including law enforcement officers. His record in the current administration is no better. As he did during the Clinton administration, Holder continues to ignore serious incidents of corruption that could impact his political bosses at the White House. For example, Holder has refused to investigate charges that the Obama political machine traded VIP access to the White House in exchange for campaign contributions – a scheme eerily similar to one hatched by Holder’s former boss, Bill Clinton in the 1990s. The Holder Justice Department also came under fire for dropping a voter intimidation case against the New Black Panther Party. …  Holder has also failed to initiate a comprehensive Justice investigation of the notorious organization ACORN (Association of Community Organizations for Reform Now), which is closely tied to President Obama. There were allegedly more than 400,000 fraudulent ACORN voter registrations in the 2008 campaign. And then there were the journalist videos catching ACORN Housing workers advising undercover reporters on how to evade tax, immigration, and child prostitution laws. Holder’s controversial decisions on new rights for terrorists and his attacks on previous efforts to combat terrorism remind many of the fact that his former law firm has provided and continues to provide pro bono representation to terrorists at Guantanamo Bay. …

Rep. Jesse Jackson, Jr. (D-IL)/ Senator Roland Burris (D-IL): One of the most serious scandals of 2009 involved a scheme by former Illinois Governor Rod Blagojevich to sell President Obama’s then-vacant Senate seat to the highest bidder. Two men caught smack dab in the middle of the scandal: Senator Roland Burris, who ultimately got the job, and Rep. Jesse Jackson, Jr. According to the Chicago Sun-Times, emissaries for Jesse Jackson Jr., named “Senate Candidate A” in the Blagojevich indictment, reportedly offered $1.5 million to Blagojevich during a fundraiser if he named Jackson Jr. to Obama’s seat. Three days later federal authorities arrested Blagojevich. Burris, for his part, apparently lied about his contacts with Blagojevich, who was arrested in December 2008 for trying to sell Obama’s Senate seat. … Burris changed his story five times regarding his contacts with Blagojevich prior to the Illinois governor appointing him to the U.S. Senate. Three of those changing explanations came under oath.

President Barack Obama: During his presidential campaign, President Obama promised to run an ethical and transparent administration. However, in his first year in office, the President has delivered corruption and secrecy, bringing Chicago-style political corruption to the White House. Consider just a few Obama administration “lowlights” from year one: Even before President Obama was sworn into office, he was interviewed by the FBI for a criminal investigation of former Illinois Governor Rod Blagojevich’s scheme to sell the President’s former Senate seat to the highest bidder. (Obama’s Chief of Staff Rahm Emanuel and slumlord Valerie Jarrett, both from Chicago, are also tangled up in the Blagojevich scandal.) Moreover, the Obama administration made the startling claim that the Privacy Act does not apply to the White House. The Obama White House believes it can violate the privacy rights of American citizens without any legal consequences or accountability. President Obama boldly proclaimed that “transparency and the rule of law will be the touchstones of this presidency,” but his administration is addicted to secrecy, stonewalling far too many of Judicial Watch’s Freedom of Information Act requests and is refusing to make public White House visitor logs as federal law requires. The Obama administration turned the National Endowment of the Arts (as well as the agency that runs the AmeriCorps program) into propaganda machines, using tax dollars to persuade “artists” to promote the Obama agenda. According to documents uncovered by Judicial Watch, the idea emerged as a direct result of the Obama campaign and enjoyed White House approval and participation. President Obama has installed a record number of “czars” in positions of power. Too many of these individuals are leftist radicals who answer to no one but the president. And too many of the czars are not subject to Senate confirmation (which raises serious constitutional questions). Under the President’s bailout schemes, the federal government continues to appropriate or control — through fiat and threats — large sectors of the private economy, prompting conservative columnist George Will to write: “The administration’s central activity — the political allocation of wealth and opportunity — is not merely susceptible to corruption, it is corruption.” Government-run healthcare and car companies, White House coercion, uninvestigated ACORN corruption, debasing his office to help Chicago cronies, attacks on conservative media and the private sector, unprecedented and dangerous new rights for terrorists, perks for campaign donors – this is Obama’s “ethics” record — and we haven’t even gotten through the first year of his presidency.

Rep. Nancy Pelosi (D-CA): At the heart of the corruption problem in Washington is a sense of entitlement. Politicians believe laws and rules (even the U.S. Constitution) apply to the rest of us but not to them. Case in point: House Speaker Nancy Pelosi and her excessive and boorish demands for military travel. Judicial Watch obtained documents from the Pentagon in 2008 that suggest Pelosi has been treating the Air Force like her own personal airline. These documents, obtained through the Freedom of Information Act, include internal Pentagon email correspondence detailing attempts by Pentagon staff to accommodate Pelosi’s numerous requests for military escorts and military aircraft as well as the speaker’s 11th hour cancellations and changes. House Speaker Nancy Pelosi also came under fire in April 2009, when she claimed she was never briefed about the CIA’s use of the waterboarding technique during terrorism investigations. The CIA produced a report documenting a briefing with Pelosi on September 4, 2002, that suggests otherwise. Judicial Watch also obtained documents, including a CIA Inspector General report, which further confirmed that Congress was fully briefed on the enhanced interrogation techniques. Aside from her own personal transgressions, Nancy Pelosi has ignored serious incidents of corruption within her own party, including many of the individuals on this list. (See Rangel, Murtha, Jesse Jackson, Jr., etc.)

Rep. John Murtha (D-PA) and the rest of the PMA Seven: Rep. John Murtha made headlines in 2009 for all the wrong reasons. The Pennsylvania congressman is under federal investigation for his corrupt relationship with the now-defunct defense lobbyist PMA Group. PMA, founded by a former Murtha associate, has been the congressman’s largest campaign contributor. Since 2002, Murtha has raised $1.7 million from PMA and its clients. And what did PMA and its clients receive from Murtha in return for their generosity? Earmarks — tens of millions of dollars in earmarks. In fact, even with all of the attention surrounding his alleged influence peddling, Murtha kept at it. Following an FBI raid of PMA’s offices earlier in 2009, Murtha continued to seek congressional earmarks for PMA clients, while also hitting them up for campaign contributions. According to The Hill, in April, “Murtha reported receiving contributions from three former PMA clients for whom he requested earmarks in the pending appropriations bills.” When it comes to the PMA scandal, Murtha is not alone. As many as six other Members of Congress are currently under scrutiny according to The Washington Post. They include: Peter J. Visclosky (D-IN.), James P. Moran Jr. (D-VA), Norm Dicks (D-WA.), Marcy Kaptur (D-OH), C.W. Bill Young (R-FL.) and Todd Tiahrt (R-KS.). Of course rather than investigate this serious scandal, according to Roll Call House Democrats circled the wagons, “cobbling together a defense to offer political cover to their rank and file.” The Washington Post also reported in 2009 that Murtha’s nephew received $4 million in Defense Department no-bid contracts …

Rep. Charles Rangel (D-NY): Rangel, the man in charge of writing tax policy for the entire country, has yet to adequately explain how he could possibly “forget” to pay taxes on $75,000 in rental income he earned from his off-shore rental property. He also faces allegations that he improperly used his influence to maintain ownership of highly coveted rent-controlled apartments in Harlem, and misused his congressional office to fundraise for his private Rangel Center by preserving a tax loophole for an oil drilling company in exchange for funding. On top of all that, Rangel recently amended his financial disclosure reports, which doubled his reported wealth. (He somehow “forgot” about $1 million in assets.) And what did he do when the House Ethics Committee started looking into all of this? He apparently resorted to making “campaign contributions” to dig his way out of trouble. According to WCBS TV, a New York CBS affiliate: “The reigning member of Congress’ top tax committee is apparently ‘wrangling’ other politicos to get him out of his own financial and tax troubles…Since ethics probes began last year the 79-year-old congressman has given campaign donations to 119 members of Congress, including three of the five Democrats on the House Ethics Committee who are charged with investigating him.” Charlie Rangel should not be allowed to remain in Congress, let alone serve as Chairman of the powerful House Ways and Means Committee, and he knows it. That’s why he felt the need to disburse campaign contributions to Ethics Committee members and other congressional colleagues.

ACORN protected by a corrupt regime 292

America is now being ruled by ‘a one-party gangster government‘, wrote Matthew Vadum recently in the American Spectator. He illustrates his contention with reference to ACORN whose criminal activity has precipitated ‘the largest corruption crisis’ in American history.

We think he is right.

For the first time in the history of the United States, there is a government that should more accurately be called a regime, or corruptocracy.

ACORN critic Rep. Steve King (R-Iowa) is mystified that both the Democratic-controlled Congress and the Obama administration aren’t doing much about the tax-subsidized organized crime syndicate ACORN even as evidence of its wrongdoing continues to pile up.

In an exclusive interview, the House Judiciary Committee member describes the ACORN saga as “the largest corruption crisis in the history of America.”

“It’s thousands of times bigger than Watergate because Watergate was only a little break-in by a couple of guys,” said King. “By the time we pull ACORN out by its roots America’s going to understand just how big this is.”

Unlike the Nixon-era Watergate scandal, the ACORN scandal reaches not only to the highest levels of government, but also to states and localities across America. The president himself and his political advisor Patrick Gaspard used to work for ACORN and the radical advocacy group has allies throughout congressional leadership who are bending over backwards to protect it. President Obama has also hired as White House counsel Bob Bauer, whom King described as “the number one defender of ACORN in the country.”

ACORN has ties to unions such as SEIU and has business relationships with Wall Street. It has offices across the globe in places like Canada, Kenya, and India. Quite apart from the hidden camera videos that emerged in September showing ACORN employees providing advice on establishing a brothel and financing it with government grants, in the U.S. it stands accused of political corruption, election fraud, racketeering, money laundering, and countless other violations of the law. It is involved in major campaigns pushing for socialized medicine, green energy and cap-and-trade, enhanced welfare benefits, higher minimum wages, greater federal regulation of the financial services industry, and for a major expansion of the Community Reinvestment Act.

“The legislative branch will not investigate. [House Judiciary Committee chairman John] Conyers will not. [House Judiciary subcommittee chairman Jerrold] Nadler will not. It’s not going to come out of [House Ways & Means Committee chairman Charles] Rangel’s committee. It’s not going to come out of [House Financial Services Committee chairman] Barney Frank’s committee or from anybody in the Senate. They’re going to protect ACORN.” …

In Congress Democrats “got out their arsenal and now they’re using everything to protect ACORN because that’s the machine that keeps them in office.”

King was particularly incensed by U.S. District Judge Nina Gershon’s ruling in favor of ACORN on Dec. 11. The Department of Justice has reluctantly filed an appeal of the judge’s ruling.

“Now the Democrats have the district court decision that Jerry Nadler solicited and now they will hide behind it if pressed. They will ignore it if they’re not pressed. They’re never going to move legislatively. They never wanted to unfund ACORN.”

Gershon, a Bill Clinton appointee, issued a temporary injunction prohibiting Congress from cutting off funding for ACORN. She determined that the funding ban was an unconstitutional “bill of attainder” that singled out ACORN for punishment without trial.

Only in the through-the-looking-glass world of a leftist activist judge could cutting off taxpayer funding to an advocacy group be deemed punishment. This injunction itself is unconstitutional and an affront to the separation of powers. It appears to rely on a novel, insidious legal doctrine known as “legislative due process.” Simply put, groups have rights in the appropriations process and have a right not to be deprived of government funding without some kind of cause being shown. In other words, Congress no longer has the power of the purse regardless of what the Constitution says. …

Congress, [King] noted, has voted overwhelmingly to defund ACORN, yet federal funds continue to flow to ACORN. “We haven’t proved that we have a non-punitive motive,” as Gershon’s ruling requires, he said.

Attorney General Eric Holder has made it abundantly clear he has no interest in investigating his radical friends at ACORN. Holder’s Justice Department released a legal opinion late last month that allows the Obama administration to ignore the will of Congress. He’s also ignored the 88-page report on ACORN’s systemic corruption and flagrant racketeering activities that was issued this summer by Republican investigators on the House Oversight and Government Reform Committee. …

“This is one-party gangster government and they know what they’re doing,” [King] said.

Civil war? Or revolution? 301

By Andrew Walden:

Earlier this month, the Obama administration moved to transfer alleged 9/11 mastermind Khalid Sheikh Mohammed from the military justice system at Guantanamo Bay to the jurisdiction of the US District Court for the Southern District of New York. Behind this move away from the military tribunal system, which delivered justice so effectively at Nuremburg, is an $8.5 million lobbying effort by the so-called “John Adams Project” launched in April, 2008 by the American Civil Liberties Union.

With the endorsement of Clinton Attorney General Janet Reno, former boss of Obama’s Attorney General Eric Holder, as well as former President Jimmy Carter, FBI and CIA chief William Webster, and others from both Republican and Democratic administrations, the ACLU‘s victory on behalf of the man sometimes described as “al Qaeda’s CEO” is also a defeat in the U.S.-led war on terror. Thanks to the ACLU, a terrorist like KSM will now enjoy the constitutional rights reserved for American citizens.

The civilian trial of a leading terrorist is the culmination of a years-long campaign by the ACLU to handicap U.S. efforts in the war on terror. The ACLU responded to the 9/11 attacks with the formation of its so-called National Security Project. Under the leadership of the ACLU and its ideological affiliate, the so-called Center for Constitutional Rights, hundreds of lawyers from top law firms have worked without pay to “serve the caged prisoners,” as they call the terrorist detainees in American custody. Their assault on the courts, combined with Democratic electoral gains in 2006 and 2008, has seriously undermined the military commission system. …

Their excuse is that they are safeguarding civil and constitutional rights. But as such rights do not extend to alien attackers, it’s  a thin and feeble pretext for doing what they are so passionately engaged upon that they do it free of charge. Their real aim is deeply malign: to damage America.

To the ALCU and its liberal allies, the al-Qaeda defendants are merely pawns in a larger game aimed at shackling the American and international forces who have been fighting al-Qaeda since 9/11.

Many of the ACLU’s campaigns have taken place under the “National Security Project.” Led by its CAIR-affiliated director, Jameel Jaffer, it reveals a broader picture of ACLU’s ongoing sabotage of American national security. …

Walden gives a number of examples to back up what he’s saying, including –

ACLU v. DOD –the ACLU seeks to … to go after individual US and international military and intelligence personnel — and after defense contractors if the right kind of precedent is created in Mohamed et al. v. Jeppesen Dataplan, Inc . John Adams Project operatives are also photographing CIA agents and giving the photos to Guantanamo detainees in order to generate torture allegations.

In Amnesty v. McConnell, the ACLU seeks to eliminate the right of the US government to spy without warrant on international telecommunication traffic. This is a right exercised by Carter, Reagan, Clinton, Bush and now by Obama–as well as many Presidents before them. An ACLU victory in this case could subject numerous US military and intelligence personnel telephone companies and military contractors to criminal or civil prosecution by or on behalf of jihadists in US or foreign courts.

The ACLU is seeking to extend constitutional rights to hostile foreign nationals living outside the US and to protect armed activities conducted partly or wholly outside the US. As the KSM trials suggest, it also has a sympathetic ear in the Obama administration.

For instance, Obama’s Attorney General Eric Holder was a senior partner in the Covington & Burling law firm, which currently represents 16 Guantanamo detainees. Holder’s C&B law partner David Remes stripped to his underwear at a July 14, 2008 Yemeni news conference to demonstrate the strip-searches he claims are the most serious “torture” inflicted on detainees. Strip searches are a daily standard procedure in US and international prisons housing common criminals. But in the eyes of Holder’s former partner, this procedure is too debasing to be applied to jihadists. Remes soon left the firm to work on so-called “human rights” cases full time. …

The ACLU … wants to see all the Guantanamo detainees given civilian trials. The ACLU strategy has the potential to create a web of interlocking decisions and precedents that would serve to establish a basis for criminal prosecutions and more civil lawsuits by al Qaeda members against the US military personnel, contractors, Bush administration officials, and intelligence officers who have pursued them since 9/11.

If the ACLU is even partially successful, Americans and foreign allies who have risked their lives to pursue al Qaeda may find themselves in court answering to charges brought by the jihadists. With the civilian trial of Khalid Sheikh Mohammed, the ACLU is one step closer to that destructive goal.

Is this not civil war being fought by lawyers through the law courts? Or is it revolution?

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