How Brainy Is Obama?
By Alan Bock | April 09, 2010
Most of the other hypotheses don’t seem to make much sense, so I’m starting to approach the tentative conclusion that Barack Obama is just not that smart. It should hardly come as a surprise. He undoubtedly has an IQ slightly higher than normal or he wouldn’t have made it through college and law school (though it might be interesting to see his transcripts, which to my knowledge he hasn’t released yet). But in retrospect what he seems to have displayed throughout his career is cunning rather than anything resembling real learning.
This would hardly be unique among American presidents, and in fact there are some who argue that high intellect and/or book-learnin’ are not only seldom to be seen in the presidency but perhaps not especially desirable. President Clinton was obviously an engaged policy wonk with what one suspects is a pretty high IQ and a degree of intellectual curiosity. George W. Bush was not quite the dunce some made him out to be, but one would be hard pressed to find evidence of intellectual curiosity, a philosophy of governance formed by much deep thinking, a willingness to dig into policy details, or a capacity to learn much from either study or experience.
Barack Obama has obviously been extremely ambitious for a long time; perhaps he has had the presidency in mind since early college days. So he has been alert to the main chance, aware of the kinds of alliances he ought to make, aware that a sensitive autobiography would make him look special in the eyes of the easily duped intellectuals of our fading empire, aware of how to present himself as a multicultural black man. But his reputation for being really smart is belied by so many of his actions.
What has me going this time is not health care, though there’s plenty of evidence there, but Afghanistan. His recent visit there cemented this war as “his” war. But the war makes so little sense that you would think almost any reasonably intelligent person – I suspect he didn’t take any international relations classes in college, and he certainly has not shown any special interest in that field heretofore, so maybe that’s a mitigating factor – would have been able to figure it out.
The official line about keeping al-Qaeda out of Afghanistan is obviously absurd; al-Qaeda hasn’t been there since 2002. He has to know – doesn’t he? – that the Taliban is an indigenous Afghan outfit without international ambitions, so while a takeover would be sad for many Afghans, it would have few if any international repercussions. He is obviously aware enough that Karzai is a corrupt tool, and uncooperative to boot, that it annoys him. So why does he insist on maintaining a U.S. presence in the Graveyard of Empires?
What are the possibilities? Does he really want to preside over the fall of the American Empire? Is he so deluded as to think we can bring a semblance of democracy, stability, or semi-decent governance in the next 15 months or so? Is he just cunning enough to realize that historians tend to rank American presidents who have presided over wars as “greater” than those who presided over peaceful periods?
I’m coming to think that maybe he’s just not that smart… Full article
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Link for more in depth coverage of Obama’s academic background
A presidential death warrant
By Paul Woodward on April 8, 2010

American soldiers have to be trained how to kill, but for American presidents killing comes naturally.
Anyone who aspires to become president must surely ask themselves: am I willing to end someone else’s life, be that an individual or perhaps tens or hundreds of thousands or even millions of people? After all, even though it’s not spelled out in the Constitution, it’s clear that a pacifist could never hold this office. Killing comes with the territory.
Even so, I can’t help wondering when it was the Barack Obama posed this question and decided, “yes I can.”
With candidate George W Bush we didn’t need to ask the question. He had a track record — as the Governor of Texas he presided over 152 executions. But with Obama, we may never know when he came to regard killing as a tolerable part of his job.
It’s hard to imagine that as a community organizer he ever entertained the idea that wiping people out could become a dimension of working towards the greater good, yet at some point he must have seen this coming and — from all the evidence we now see — not flinched.
But to contrast Obama and Bush as killers, here’s what’s scary and yet passes without comment: Obama’s approach is dispassionate, with no explicit moral calculation. Whereas Bush felt driven to assume an air of righteousness and moral superiority, casting his actions within a drama of good and evil, Obama presents the image of an administrative process through which, after careful analysis and legal and political deliberation, lives are terminated.
Under the morally insidious rubric of “procedures” — a notion that peels away personal responsibility by replacing it with impersonal rules-based behavior — the president, the CIA, the military, the administration, the media, and the American public are all being offered an excuse to look the other way. An unnamed official assured a Washington Post reporter: “[there are] careful procedures our government follows in these kinds of cases.”
When Anwar al-Awlaki, an American born in New Mexico is shredded and incinerated — his likely fate at the receiving end of a Hellfire missile — there will be no account of the last moments of his life. No record of who happened to be in the vicinity. Most likely nothing more than a cursory wire report quoting unnamed American officials announcing that the United States no longer faces a threat from a so-called high value target.
Representative Jane Harman, Democrat of California and chairwoman of a House subcommittee on homeland security, was out prepping the media and the public on Tuesday when she called Awlaki “probably the person, the terrorist, who would be terrorist No 1 in terms of threat against us.”
Although it was only this week that a US official announced that Awlaki is now on the CIA’s assassination list, US special forces were already authorized and had made at least one attempt to kill the Muslim cleric who now resides in Yemen.
While both the military and the CIA make use of drones for the purpose of remotely controlled assassination, the fact that Awlaki is now considered a legitimate target for “lethal CIA operations” raises questions about the methods the agency might use.
Last summer CIA Director Leon Panetta shut down a secret CIA program which would have operated assassination teams for hunting down al Qaeda leaders. The news was presented as though the new administration was again distancing itself from the questionable practices of the Bush administration, yet at the time, Director of National Intelligence Dennis C Blair told Congress that the termination of that particular program did not rule out the future use of insertion teams that could kill or capture terrorist leaders.
One of the many ironies here is that the Obama administration appears to have abandoned one of the Bush era rationales for torture in favor of its own rationale for murder.
The most frequently used justification for torturing terrorist suspects has been the claim that in the scenario of a so-called ticking time bomb, vital information might be forced out of a suspect enabling an imminent act of terrorism to be thwarted.
Anwar al-Awlaki is supposedly just such a suspect. “He’s working actively to kill Americans,” an American official told the Washington Post. But whatever vital intelligence he might be able to provide, we’ll probably never know. Once dead he won’t hatch any new plots, but as for the ones already set in motion, well, we’ll just have to wait and see what sort of surprises may yet appear.
Needless to say, I am not suggesting that torturing terrorist suspects is any more acceptable than murdering them.
Ken Gude, a human rights expert from the Center for American Progress, argues that Awlaki is a legitimate target for assassination because of his claimed role in assisting the 9/11 attackers. On that basis, his killing would appear to be an act of extra-judicial punishment rather than the removal of a potential threat. But even if the administration sticks assiduously to its focus on future threats, it should not claim a God-like power to predict the future. Nor should it assume that the threat someone poses is necessarily diminished once they are dead.
In weighing the fate of Anwar al-Awlaki, this administration would do well to remember the case of Mohammed El Fazazi, a Moroccan cleric who from a Hamburg mosque preached to Mohammed Atta, Ramzi Binalshibh and Marwan al-Shehhi, three of the men who participated in the 9/11 attacks, that it was the duty of a devout Muslim to “slit the throats of non-believers.”
Eight years later, Fazazi had a new message as he appealed to Muslims to air their grievances through peaceful demonstrations. He is helping turn young men away from violent jihad. But what would stir the hearts of such men now if rather than hearing Fazazi’s moderated message, instead they held the memory of a day he became a martyr when struck by an American Hellfire missile?
Obama Policy Retains Right to Nuke Iran
By Jason Ditz | April 05, 2010
Much has been made in the past few weeks of the Obama Administration’s plan to issue a new nuclear weapons doctrine, replacing the Bush Doctrine that included the possibility of using nuclear weapons against non-nuclear states.
But while the Obama Administration formally renouncing that option on the surface and claiming its arsenal is for “deterrence” only, it appears that the doctrine will include an enormous loophole that will mean the nominal policy shift will ultimately mean very little.
The loophole will insist that the only non-nuclear states free of preemptive nuking are those which are “in compliance with their nonproliferation obligations.” This would, at least from the administration’s perspective, leave open the possibility of attacking Iran with nuclear weapons.
Iran would certainly argue that they are in compliance, of course, but exactly what these obligations are is never altogether clear to the public (the IAEA safeguards agreements are not made public) and President Obama has made clear that he believes Iran is not.
At the end of the day this policy is only a guideline anyhow, and if the president decided to nuke Iran the after the fact argument of if they were really non-compliant will likely be very much beside the point. But while the president still claims to have a goal of a nuclear-free world, the manufacture of such a deliberate loophole for a nuclear first strike is beyond troubling.
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Obama Expands Military Involvement in Africa
By Daniel Volman | Inter Press Service | April 3, 2010
When President Barack Obama took office in January 2009, it was widely expected that he would dramatically change, or even reverse, the militarized and unilateral security policy that had been pursued by the George W. Bush administration toward Africa and other parts of the world.
After one year in office, however, it is clear that the Obama administration is following essentially the same policy that has guided U.S. military policy toward Africa for more than a decade. Indeed, the Obama administration is seeking to expand U.S. military activities on the continent even further.
In its FY 2011 budget request for security assistance programs for Africa, the Obama administration is asking for $38 million for the Foreign Military Financing program to pay for U.S. arms sales to African countries.
The administration is also asking for $21 million for the International Military Education and Training Program to bring African military officers to the United States, and $24.4 million for Anti-Terrorism Assistance programs in Africa.
The Obama administration has also taken a number of other steps to expand U.S. military involvement in Africa.
In June 2009, administration officials revealed that Obama had approved a program to supply at least 40 tons of weaponry and provide training to the forces of the Transitional Federal Government (TFG) of Somalia through several intermediaries, including Uganda, Burundi, Djibouti, Kenya, and France.
In September 2009, Obama authorized a U.S. Special Forces operation in Somalia that killed Saleh Ali Nabhan, an alleged al-Qaeda operative who was accused of being involved in the bombing of the U.S. embassies in Kenya and Tanzania in August 1998, as well as other al-Qaeda operations in east Africa.
In October 2009, the Obama administration announced a major new security assistance package for Mali – valued at $4.5-$5 million – that included 37 Land Cruiser pickup trucks, communication equipment, replacement parts, clothing, and other individual equipment and was intended to enhance Mali’s ability to transport and communicate with internal security forces throughout the country and control its borders.
Although ostensibly intended to help Mali deal with potential threats from AQIM (al-Qaeda in the Islamic Maghreb), it is more likely to be used against Tuareg insurgent forces.
In December 2009, U.S. military officials confirmed that the Pentagon was considering the creation of a 1,000-strong Marine rapid deployment force for the new U.S. Africa Command (Africom) based in Europe, which could be used to intervene in African hot spots.
In February 2010, in his testimony before a hearing by the Africa Subcommittee of the House Foreign Affairs Committee, Assistant Secretary of State for Africa Johnnie Carson declared, “We seek to enhance Nigeria’s role as a U.S. partner on regional security, but we also seek to bolster its ability to combat violent extremism within its borders.”
Also in February 2010, U.S. Special Forces troops began a $30 million, eight-month-long training program for a 1,000-man infantry battalion of the army of the Democratic Republic of Congo (DRC) at the U.S.-refurbished base in Kisangani.
Speaking before a Senate Armed Service Committee hearing in March 2010 about this training program, Gen. William Ward, the commander of Africom, stated “should it prove successful, there’s potential that it could be expanded to other battalions as well.”
During the Senate Armed Services Committee hearing, Ward also discussed Africom’s continuing participation in Ugandan military operations in the DRC against the Lord’s Resistance Army. Despite the failure of “Operation Lightning Thunder,” launched by Ugandan troops in December 2008 with help of Africom (included planning assistance, equipment, and financial backing), Ward declared, “I think our support to those ongoing efforts is important support.”
And in March 2010, U.S. officials revealed that the Obama administration was considering using surveillance drones to provide intelligence to TFG troops in Somalia for their planned offensive against al-Shabaab. According to these officials, the Pentagon may also launch air strikes into Somalia and send U.S. Special Forces troops into the country, as it has done in the past.
This growing U.S. military involvement in Africa reflects the fact that counterinsurgency has once again become one of the main elements of U.S. security strategy.
This is clearly evident in the new Quadrennial Defense Review (QDR) released by the Pentagon in February.
According to the QDR, “U.S. forces will work with the military forces of partner nations to strengthen their capacity for internal security, and will coordinate those activities with those of other U.S. government agencies as they work to strengthen civilian capacities, thus denying terrorists and insurgents safe havens. For reasons of political legitimacy as well as sheer economic necessity, there is no substitute for professional, motivated local security forces protecting populations threatened by insurgents and terrorists in their midst.”
As the QDR makes clear, this is intended to avoid the need for direct U.S. military intervention: “Efforts that use smaller numbers of U.S. forces and emphasize host-nation leadership are generally preferable to large-scale counterinsurgency campaigns. By emphasizing host-nation leadership and employing modest numbers of U.S. forces, the United States can sometimes obviate the need for larger-scale counterinsurgency campaigns.”
Or, as a senior U.S. military officer assigned to Africom was quoted as saying in a recent article in the U.S. Air University’s Strategic Studies Quarterly, “We don’t want to see our guys going in and getting wacked. … We want Africans to go in.”
Thus, the QDR goes on to say, “U.S. forces are working in the Horn of Africa, the Sahel, Colombia, and elsewhere to provide training, equipment, and advice to their host-country counterparts on how to better seek out and dismantle terrorist and insurgent networks while providing security to populations that have been intimidated by violent elements in their midst.”
Furthermore, the United States will also continue to expand and improve the network of local military bases that are available to U.S. troops under base-access agreements.
The resurgence of Vietnam War-era counterinsurgency doctrine as a principal tenet of U.S. security policy, therefore, has led to a major escalation of U.S. military involvement in Africa by the Obama administration that seems likely to continue in the years ahead.
FY 2011 Budget Requests by Country
The $38 million for the Foreign Military Financing program to pay for U.S. arms sales to African countries includes: $9 million for Liberia, $9 million for Morocco, $4.9 million for Tunisia, $2.5 million for Djibouti, $2 million for Ethiopia, $1.5 million for the Democratic Republic of Congo, $1.4 million for Nigeria, and $1 million for Kenya.
The $21 million for the International Military Education and Training Program to bring African military officers to the United States for military training includes: $2.3 million for Tunisia, $1.9 million for Morocco, $1 million for Kenya, $1 million for Nigeria, $1 million for Senegal, $950,000 for Algeria, $825,000 for Ghana, $725,000 for Ethiopia, $600,000 for Uganda, $500,000 for the Democratic Republic of Congo, and $500,000 for Rwanda.
The $24.4 million for Anti-Terrorism Assistance programs in Africa includes: $8 million for Kenya, $1 million for South Africa, $800,000 for Morocco, and $400,000 for Algeria, and $14 million for African Regional Programs.
Liberals with guns: scarier than Tea Partiers
Charles Davis | False Dichotomy | March 25, 2010
I often begin my political science courses with a brief introduction to the idea of “the state.” The state is the entity that has a monopoly on the legitimate use of violence, force and coercion. If an individual travels to another country and kills its citizens, we call it terrorism. If the state does it, we call it war. If a man kills his neighbor it is murder; if the state does it is the death penalty. If an individual takes his neighbor’s money, it is theft; if the state does it, it is taxation.
Maria Harris-Lacewell is a professor at Princeton University, as so subtly alluded to in the above excerpt from her latest drivel for The Nation, and she’s concerned about the “legitimacy” of the state — a legitimacy she assumes but doesn’t explain — which she notes some backwards reactionaries have had the temerity to challenge in the age of Democratic government. Now, considering that U.S. government imprisons more of its own citizens than any other in the history, with 25 percent of the world’s prisoners; that it has more military bases in more countries than any previous empire in history, and has killed millions of people from Iraq to Vietnam; and that its current head, Barack Obama, is openly targeting for extrajudicial killing Americans and foreigners alike, one might ask: why is a liberal magazine so concerned about this state’s legitimacy?
Because of the Tea Party movement, you see, whose flashes of racism and disrespect toward politicians is of more concern to Ivy League academics than the “legitimate” state violence they applaud. Tea Partiers, by accusing the current administration of “various forms of totalitarianism . . . are arguing that this government has no right to levy taxes or make policy,” the professor writes, apparently under the mistaken belief that most taxes the state levies go to gumdrop bridges and fairy dust health clinics, rather than less wholesome things like aircraft carriers and daisy cutters. Rather than focusing on what the state actually does, though, Harris-Lacewell, like most liberals, would prefer we focus on their shining, abstract ideal of what it could be, while sanctimoniously dismissing those who see no distinction between state-sponsored and private sector murder, an approach befitting the wait-until-you’re-called merit-class liberal mentality that dominates the Democratic Party and the progressive press.
As The Nation’s house political scientist explains it, adopting an argument that one could never imagine being applied to the left, “When protesters spit on and scream at duly elected representatives of the United States government it is more than act of racism. It is an act of sedition.”
Put another way: offenses against the state are inherently more despicable than any offense one could commit against some poor schmuck civilian. An overstatement? Well, no, as Harris-Lacewell herself demonstrates in writing about Congressman John Lewis (D-GA), who “is no longer just a brave American fighting for the soul of his country- he is an elected official. He is an embodiment of the state.” Yeah, you know, before Lewis just marched in the streets against racism and state-enforced segregation as a (ho-hum) private citizen, but now he chairs a subcommittee — show him some respect!
Hooping and hollering at an elected official — sorry, “an embodiment of the state” — might give liberals at The Nation the vapors, and right-wing protesters who cheered on the Bush administration’s abuses of power may not be my cup of tea, but color me unimpressed with the argument that I have more to fear from the talk radio right than I do the incarcerating-and-assassinating state. Now while there’s little chance you’ll catch me marching against compact fluorescent light-bulbs or Obamacare anytime soon — though I promise nothing — I just don’t fear a rollback of the Reconstruction period “and the descent of a vicious new Jim Crow terrorism” as much as I fear and abhor the actual, happening-right-now terrorism carried out by my esteemed public officials with the tacit approval of the humanitarian progressives too busy lecturing the rabble on the need to pay taxes and pledge allegiance to their betters in Washington than to challenge their leader’s wars. In addition to the hundreds killed without so much as a show trial by hellfire missiles since the glorious advent of The Liberal Ascendancy, agents of the U.S. government have been implicated in several headline-grabbing atrocities, the latest of which involved the pre-dawn slaying of a pair of pregnant women and a teenage girl. That female civilians are being killed at a level on par with Afghan males is no doubt being hailed in the halls of Brookings as a feminist triumph, but it’s more troubling to me than the idea of some people questioning the legitimacy of the perpetrators’ employer.
Perhaps they shouldn’t just be ignored, but until Glenn Beck’s followers kill two dozen people in a remote village, I’m going to spend most of my time focusing on those with control over the tanks and nuclear weapons. And rather than seeking to bolster the state and reinforce the idea of some mythical, mystical social contract, I just might seek to undermine this government, so far as I can, for as long as it continues enriching a politically connected corporate elite while imprisoning and enlisting the rest of its population, no matter how “duly elected” our politicians might be as a result of the sham two-party electoral system. When political leaders are engaged in senseless war and widespread human rights abuses — and the occupation of Afghanistan and the U.S. prison system at home and abroad qualify — the person of conscience’s duty is not to the state but to justice, which usually means opposing the state and questioning its presumed legitimacy.
The proper attitude toward a criminal government is not deference and respect, however much some at The Nation might love a smooth-talking Democrat, but defiance and rebellion — of the non-violent variety.
Obama’s Economic Brain Trust
The Guys Who Got It Wrong
By PAM MARTENS | April 2, 2010
America is held out to the world as a meritocracy. You work hard, you play by the rules, you make sound judgment calls, you succeed. That’s the American dream. Right? That’s what the President of the United States should exemplify in his actions. Right?
Then how does one explain the individuals who represent the abject failures of financial and regulatory theory chosen by the President to dominate the dialogue on financial reform. How does one reconcile President Obama appointing Lawrence Summers as head of the National Economic Council after Mr. Summers played a central role in rolling back the safeguards that led to the current financial crisis.
This is what Mr. Summers had to say at the November 12, 1999 signing ceremony for the Gramm-Leach-Bliley Act, the draconian legislation that repealed the Glass-Steagall Act and allowed commercial banks holding insured deposits to merge with investment banks, brokerage firms and insurance companies: the very same combinations that led to the 1929 stock market crash and ensuing Great Depression:
“Let me welcome you all here today for the signing of this historic legislation. With this bill, the American financial system takes a major step forward towards the 21st century, one that will benefit American consumers, business, and the national economy for many years to come…I believe we have all found the right framework for America’s future financial system.”
Mr. Summers was wrong. This was not the “framework for America’s future” but the framework for epic financial collapse. Why isn’t Mr. Summers in an unemployment line along with the millions of Americans his bad judgment call put out of work.
Then there is Neal Wolin, confirmed by President Obama as Deputy Secretary of the Treasury on May 19, 2009. Writing in the San Francisco Chronicle on November 19, 2009, Robert Scheer had this to say about Wolin:
“Wolin, Geithner and Summers were all proteges of Robert Rubin, who, as Clinton’s treasury secretary, was the grand author of the strategy of freeing Wall Street firms from their Depression-era constraints. It was Wolin who, at Rubin’s behest, became a key force in drafting the Gramm-Leach-Bliley Act, which ended the barrier between investment and commercial banks and insurance companies, thus permitting the new financial behemoths to become too big to fail. Two stunning examples of such giants that had to be rescued with public funds are Citigroup bank, where Rubin went to ‘earn’ $120 million after leaving the Clinton White House, and the Hartford Insurance Co., where Wolin landed after he left Treasury.”
Rounding out the list of those who got it wrong in the Clinton administration who have been brought back to get it wrong again in the Obama administration: Gary Gensler, one of those supporting the de-regulation of derivatives under Clinton, now head of the Commodity Futures Trading Commission under President Obama; Gene Sperling, thanked by Lawrence Summers in the opening remarks at the signing of the legislation to repeal the Glass-Steagall Act, now counselor to Treasury Secretary Tim Geithner; and, of course, Geithner himself, former President of the Federal Reserve Bank of New York who served under Robert Rubin and Lawrence Summers in Clinton’s Treasury Department from 1999 to 2001.
Many Americans have suspected for some time that meritocracy has died an uncelebrated death and was quietly laid to rest in a paupers’ graveyard. Many Americans also believe something has gone terribly wrong not just with our economic model but the moral compass that guides that economic model.
Today, authors of the book, “The Meritocracy Myth,” Stephen J. McNamee and Robert K. Milller have studied meritocracy patterns in America and concluded the following:
“To get ahead in America, it no doubt helps to be bright, shrewd, to work hard, and to have the right combination of attitudes that maximize success within given fields of endeavor. Playing by the rules, however, probably works to suppress prospects for economic success since those who play by the rules are more restricted in their opportunities to attain wealth and income than those who choose to ignore the rules.”
Without realizing it, McNamee and Miller have just unraveled the secret to the wealth gap and rising inequality in America: the memo that the rules can be ignored was only selectively distributed to Americans. I didn’t get it; did you?
I can tell you for certain that the play-by-the-rules-waiver memo was selectively distributed leading up to the June 25 and June 26, 1998 public hearings at the Federal Reserve on usurping the role of the legislative branch of the government by letting the Federal Reserve decide if it would repeal the Glass-Steagall Act by permitting the merger of Travelers and Citicorp to form Citigroup.
Chuck Prince, the man who planned Citigroup CEO Sandy Weill’s lavish birthday parties and was haplessly placed in the role of Citigroup CEO when Weill stepped down years later, testified as follows on June 25:
“I do want to emphasize, however, that we do not seek and do not require any change in the law in order to consummate this merger.”
Mr. Prince was a lawyer. Mr. Prince knew the above statement to be false. Mr. Prince had gotten the memo: playing by the rules restricts opportunities to attain wealth and income so shred the rules.
Matthew Lee, also a lawyer representing Inner City Press/Fair Finance Watch did not get the memo that legal ethics, the legislative branch, and the truth could all be ignored at a Federal hearing.
Mr. Lee testified as follows:
“…we think [the merger application] should be dismissed based on improper communications that have taken place between Travelers, Citicorp and the Federal Reserve Board. Prior to the deal even being announced and the application being submitted, not only did the two CEOs of the two institutions meet with Chairman Greenspan, we found that, in fact, there was very detailed preapproval sought for particular practices…We think it is tainted.”
No one appearing on Panel 5 on June 25 had received the rules-waiver memo either. The fact that the merger was “illegal” was stated six times by four panel members. Mark Silverman of Citicorp-Travelers Watch, a coalition of community groups formed at that time to scrutinize the proposed merger, testified as follows:
“…the merger is illegal. The affiliation between Citibank, as a member bank of the Federal Reserve Board and Travelers’ subsidiaries that are engaged principally in securities dealings is simply prohibited by the Glass-Steagall Act…If the Board approves this merger prior to any change in the law, Congress, pressured by Citigroup and concerned about the consequences of a forced divestiture, can enact one of the most embarrassingly blatant pieces of private-interest legislation in recent memory…the Board risks undermining the legitimacy of itself and the legislature..”
Hilary Botein, at the time Associate Director of the Neighborhood Economic Development Advocacy Project (NEDAP) said the Federal Reserve Board would “make a mockery of the regulatory process by allowing Citicorp and Travelers to brazenly violate existing law.”
Sarah Ludwig, then Coordinator of the New York City Community Reinvestment Task Force stated that if the Federal Reserve signed off on the merger it would “constitute an affront to the public, and underscore that large and powerful corporations influence government decision making even to the point of obtaining approval on illegal transactions…Secondly, approving the application would constitute hideously unsound policy….”
Josh Zinner, a lawyer at the time with South Brooklyn Legal Services’ Foreclosure Prevention Project, testified as follows:
“We represent low-income seniors who have been ripped off by high-rate finance companies… We haven’t heard any testimony today about Commercial Credit Corporation. This is an entity of Travelers Group…This type of high-rate lending that Commercial Credit does can often lead to foreclosure, if abusive, and, in fact, the Primerica Financial Services [also owned by Travelers] is selling Commercial Credit loans in the billions of dollars using this completely, loosely-regulated sales force with the same sort of A.O. Williams evangelical fervor. Again, the data shows, and this data will be submitted with a comment that Commercial Credit does high-rate lending in the same communities that Citibank has been redlining… the engine for marketing Commercial Credit loans is an unregulated pyramid scheme…”
Mr. Zinner could not have been more prescient. Commercial Credit changed its name to CitiFinancial and operates 2,000 storefronts across America bearing that angelic halo logo. But far from angelic, this is how a former Assistant Manager, Gail Kubiniec, said business was done in testimony to the FTC in July, 2001:
“At CitiFinancial, emphasis was placed on marketing new loans, particularly real estate loans (loans secured by a home mortgage), to present borrowers of CitiFinancial. Employees would receive quarterly incentives, called ‘Rocopoly Money,’ based on how many present borrowers they ‘renewed’ (refinanced) into new loans…Typically, employees would only state the total monthly payment amount in selling a proposed loan. Additional information, such as the interest rate, and the financed points and fees, closing costs, and ‘add-ons’ like credit insurance, were only disclosed when demanded by the borrower…It was also common practice to try to sell borrowers the largest loan possible…All CitiFinancial branch offices had quotas for the sale of credit insurance…Loans were typically presented to consumers with ‘100 per cent coverage,’ meaning that real estate loans were presented with at least credit life and disability already included, and personal loans were presented with at least credit life, disability, involuntary unemployment, and property insurance already included. When quoting the monthly payment, I frequently quoted the payment with coverages already included, telling the consumer only that it was ‘fully protected.’ This was a common practice used by employees at CitiFinancial…The pressure to sell coverages came from CitiFinancial’s Regional and District Managers. Each branch had monthly credit insurance sales goals to meet…If these goals were not met, the District Manager would call and put pressure on the Branch Manager to get the branch up to par.”
I tracked down Josh Zinner last week. He’s now Co-Director of the Neighborhood Economic Development Advocacy Project. I asked Mr. Zinner for his reflections on the state of financial reform today, given that Citigroup is now a financial ward of the American taxpayer. The day he responded, March 31, Citigroup had just sold a majority stake in Primerica common stock to the public.
Mr. Zinner states:
“Citi’s sale of Primerica, long known for its aggressive marketing of junk financial products in low income communities, is a coda to the disastrous Citi-Travelers merger. Those who were working on the ground in low income communities at the time knew very well that this super-merger would only serve to perpetuate and institutionalize unfair financial practices, exemplified by a two-tiered financial services system where poor people and people of color were paying far more for inferior financial products. The Citi-Travelers debacle should be a lesson that the financial services marketplace cannot police itself and that only strong and comprehensive financial regulation — including an independent consumer financial protection agency and the return of Glass-Steagall firewalls — can prevent the next financial meltdown.”
I next turned to Matthew Lee of Inner City Press who has been tirelessly pursuing justice against Citigroup and its subprime subsidiaries since the merger. In 2004, Mr. Lee published a novel called “Predatory Bender: A Story of Subprime Finance.” The story is built around a corporation called EmpiBank; its Chairman is Sandaford Vyle. It also has a storefront subprime lender called EmpiFinancial. The book is, of course, more poignant today than in 2004. It comes with a non-fiction, must-read afterward titled “Predatory Lending: Toxic Credit in the Inner City.”
I asked Mr. Lee for his thoughts, given that even when Citigroup fails on its own hubris as testament that the public has spoken about its business model, it’s resuscitated back to life by the government. Mr. Lee was as forthright as always:
“When Travelers met and swallowed Citicorp in 1998, the Federal Reserve didn’t just approve an illegal merger — it illegally pre-approved an illegal merger. Sandy Weill and John Reed and their lawyers got the green light from the Alan Greenspan Fed before even announcing the merger. The group I worked and work with, Inner City Press/Fair Finance Watch demanded all records of the meetings, but got only two cryptic letters, talking about the marriage of ‘Red’ and ‘Blue.’ [Travelers’ logo was a red umbrella; Citicorp had a blue logo.] At the shareholders’ meetings on the deal, my question to Sandy Weill resulted in a Citicorp official threatening to try to take away my law license. The Fed approved, and predatory lending took off. And now in the aftermath, even the Chris Dodd bill would house consumer protection inside the same Federal Reserve, a huge mistake. Red and Blue indeed…”
If financial behemoths collapse from hubris and corruption and lack of meritocracy, why wouldn’t government administrations do the same? President Obama needs to sack the financial wizards who got it wrong and add the common sense folks who got it right.
Pam Martens worked on Wall Street for 21 years; she has no security position, long or short, in any company mentioned in this article. She writes on public interest issues from New Hampshire. She can be reached at pamk741@aol.com
The Case for the Impeachment of Barack Obama
Same Crimes, Same Misdemeanors
By DAVE LINDORFF | April 2, 2010
Back in 2005-06, I wrote a book, The Case for Impeachment, in which I made the argument that President George W. Bush and Vice President Dick Cheney, as well as other key figures in the Bush/Cheney administration–Secretary of State Condoleezza Rice, Defense Secretary Donald Rumsfeld, and Attorney General Alberto Gonzales–should be impeached for war crimes, as well as crimes against the Constitution of the United States.
These days, when I mention the book’s title, people sometimes ask, half in jest, whether I’m referring to the current president, Barack Obama.
Sadly, it is time to say, just 14 months into the current term of this new president, that yes, this president, and some of his subordinates, are also guilty of impeachable crimes–including many of the same ones committed by Bush and Cheney.
Let’s start with the war in Afghanistan, which Obama has taken full ownership of with an escalation that will bring the number of US troops in that country (not counting mercenaries hired by the Pentagon and CIA) to 100,000 by this August.
The president has authorized the use of Predator drone aircraft for a program of bombing conducted against Pakistan which has illegally expanded the Afghan War into another country without any authorization from Congress. These pilotless drones are known to kill far more innocent bystanders than enemy targets, making them fundamentally illegal on principle as weapons. Furthermore, this wave of attacks in Pakistan is a war of aggression against another nation if the word “war” is to have any meaning at all, and as such it is illegal under the UN Charter. Indeed initiating a war of aggression against a country which does not pose an immediate threat to the invader is described in the Charter and in the Nuremberg Tribunal Charter as the gravest of all war crimes.
The president, as commander in chief, has also, in collusion with Attorney Eric Holder, blocked any prosecution of those who authorized and perpetrated torture against captives in the War in Iraq, the War in Afghanistan, and the so-called War on Terror–notably Federal Appeals Court Judge Jay Baybee, and Berkeley Law Professor John Yoo, who as Justice Department attorneys authored the legal briefs justifying torture– and has in fact continued to permit the application of torture against captives. All of this is in clear violation of the Geneva Conventions, which as a signed set of treaties, are part of the law of the United States. Under those treaties, failure on the part of those up the chain of command to halt or to punish those who commit torture are themselves guilty of the crime of torture.
As commander in chief, President Obama has also overseen a strategy in Afghanistan of expanded attacks on civilians in Afghanistan. As in Iraq under the Bush administration, this current phase of the war in Afghanistan is seeing more civilians killed than enemy combatants, because of the widespread use of weapons like helicopter gunships, aerial bombardment, fragmentation bombs, etc., as well as a tactic of night raids on housing compounds where insurgents are suspected of hiding–raids that frequently lead to the deaths of many women and children and innocent men. It is significant that even the recent execution-style slaying of nine students, aged 11-18, by US-led forces, has not led to an investigation or prosecution of a individual. Rather, the incident is being covered up and ignored, with the clear acquiescence of the White House and the leadership at the Pentagon.
It is also widely believed that under the command of Gen. Stanley McChrystal, who is known to have directed a large-scale death-squad operation in Iraq before moving to his current position, a similar death-squad campaign of assassination is being conducted now in Afghanistan–a campaign that like the notorious Phoenix Program in the 1960s in Vietnam, is almost certainly resulting in the deaths of many innocent Afghans.
Domestically, the president has continued to allow the policy of detention without trial of hundreds of captives in Guantanamo Bay and other prisons, including Bagram Airbase in Afghanistan, and his director of national security has even stated that it is the policy of this administration that American citizens deemed by the administration to be enemy combatants or terrorists may be targeted for summary execution. Such officially sanctioned state murder is a blatant violation of the Constitution’s insistence that every American has a right to a presumption of innocence and to a trial by a jury of his or her peers.
The president has also continued and in some ways even expanded the Bush/Cheney administration’s program of warrantless spying by the National Security Agency on the electronic communications of millions of Americans. A part of that program, the monitoring of communications of a now defunct Islamic charity, was just declared illegal by a federal judge in a case that was brought against the Bush/Cheney administration, but which continued to be defended by the current administration. There has not been a decision as yet by the Obama administration about whether to appeal that decision. While the case in question does not represent a crime by the Obama administration, it is clear that it only represents the very tip of the huge iceberg of domestic spying, and the administration’s vigorous efforts to shut down this case or to win it are clear evidence that the NSA is continuing to do the same thing on a vast scale. In fact, the only reason this case even got to trial is because of a government error that resulted in a memo describing the monitoring being mailed inadvertently to the victims of the spying.
While we’re at it, I would also suggest that there is ample evidence to call for the impeachment of Treasury Secretary Timothy Geithner, who appears, as head of the New York Federal Reserve, to have colluded in an effort to cover up a massive fraud at Lehman Brothers, and who has subsequently as Treasurer, participated in unprecedented giveaways of taxpayer funds to several of the country’s largest banking institutions.
The above enumeration of criminal and Constitutional transgressions makes it clear that this president, like his predecessor, has, almost since his first day in office, continued down a road of criminal and unconstitutional behavior that threatens the survival of Constitutional government in the United States.
Let me state it simply: President Barack Obama, as well as Attorney General Eric Holder, Secretary of Defense Robert Gates, and Treasury Secretary Geithner, should be impeached for war crimes and high crimes against the Constitution.
Of course, having watched the Democratic Congress shamelessly duck its solemn duty to initiate impeachment proceedings against President Bush, Vice President Cheney, and their criminal subordinates for two years, I have no illusions about that same Democratic Congress allowing an impeachment bill to be filed against this president.
Having said that, I think it is important to at least make the point publicly that this president, like the one before, deserves to be impeached for high crimes and misdemeanors.
Dave Lindorff is a Philadelphia-based journalist and columnist. His latest book is “The Case for Impeachment” (St. Martin’s Press, 2006 and now available in paperback). He can be reached at dlindorff@mindspring.com
The criminal NSA eavesdropping program
By Glenn Greenwald | April 1, 2010
While torture and aggressive war may have been the most serious crimes which the Bush administration committed, its warrantless eavesdropping on American citizens was its clearest and most undeniable lawbreaking. Federal District Judge Vaughn Walker yesterday became the third federal judge — out of three who have considered the question — to find that Bush’s warrantless eavesdropping program was illegal (the other two are District Judge Anna Diggs Taylor and 6th Circuit Appellate Judge Ronald Gilman who, on appeal from Judge Taylor’s decision, in dissent reached the merits of that question [unlike the two judges in the majority who reversed the decision on technical “standing” grounds] and adopted Taylor’s conclusion that the NSA program was illegal).
That means that all 3 federal judges to consider the question have concluded that Bush’s NSA program violated the criminal law (FISA). That law provides that anyone who violates it has committed a felony and shall be subject to 5 years in prison and a $10,000 fine for each offense. The law really does say that. Just click on that link and you’ll see. It’s been obvious for more than four years that Bush, Cheney, NSA Director (and former CIA Director) Michael Hayden and many other Bush officials broke the law — committed felonies — in spying on Americans without warrants. Yet another federal judge has now found their conduct illegal. If we were a country that actually lived under The Rule of Law, this would be a huge story, one that would produce the same consequences for the lawbreakers as a bank robbery, embezzlement or major drug dealing. But since we’re not such a country, it isn’t and it doesn’t.
Although news reports are focusing (appropriately) on the fact that Bush’s NSA program was found to be illegal, the bulk of Judge Walker’s opinion was actually a scathing repudiation of the Obama DOJ. In fact, the opinion spent almost no time addressing the merits of the claim that the NSA program was legal. That’s because the Obama DOJ — exactly like the Bush DOJ in the case before Judge Taylor — refused to offer legal justifications to the court for this eavesdropping. Instead, the Obama DOJ took the imperial and hubristic position that the court had no right whatsoever to rule on the legality of the program because (a) plaintiffs could not prove they were subjected to the secret eavesdropping (and thus lacked “standing” to sue) and (b) the NSA program was such a vital “state secret” that courts were barred from adjudicating its legality.
Those were the arguments that Judge Walker scathingly rejected. All of the court’s condemnations of the DOJ’s pretense to imperial power were directed at the Obama DOJ’s “state secrets” argument (which is exactly the same radical and lawless version, as TPM compellingly documented, used by the Bush DOJ to such controversy). From the start, the Obama DOJ has engaged in one extraordinary maneuver after the next to shield this criminal surveillance program from judicial scrutiny. Indeed, their stonewalling at one point became so extreme that the court actually threatened the Obama DOJ with sanctions. And what TPM calls the Obama DOJ’s “Bush-mimicking state secrets defense” has been used by them in one case after the next to conceal and shield from judicial review a wide range of Bush crimes — including torture, renditions and surveillance. As the Electronic Frontiers Foundation put it: “In Warrantless Wiretapping Case, Obama DOJ’s New Arguments Are Worse Than Bush’s.”
That’s why this decision is such a stinging rebuke to the Obama administration: because it is their Bush-copying tactics, used repeatedly to cover up government crimes, which the court yesterday so emphatically rejected. And it’s thus no surprise that media accounts tie the Obama administration to the cover-up of this program at least as much as the Bush administration. See, for instance: Charlie Savage and James Risen in The New York Times (“A federal judge ruled Wednesday that the National Security Agency’s program of surveillance without warrants was illegal, rejecting the Obama administration’s effort to keep shrouded in secrecy one of the most disputed counterterrorism policies of former President George W. Bush”); Time (“The judge’s opinion is pointed and fiercely critical of the Obama Administration’s Justice Department lawyers” and “The judge claims that the Obama Administration is attempting to place itself above the law“). The 9th Circuit Court of Appeals also previously condemned the Bush/Obama “state secrets” position as abusive and lawless.
In December, 2005, The New York Times revealed that the Bush administration had been doing for years exactly that which the law unambiguously said was a felony: eavesdropping on the electronic communications of Americans (telephone calls and emails) without warrants. We knew then it was a crime. Three federal judges have now concluded that it was illegal. And yet not only do we do nothing about it, but we stand by as the Obama administration calls this criminal program a vital “state secret” and desperately tries to protect it and the lawbreakers from being subject to the rule of law. This decision may make it more difficult for the Obama administration to hide behind sweeping secrecy claims in the future, but it won’t negate the fact that we have decided that our leading political officials are completely free to commit crimes while in power and to do so with total impunity.
* * * * *
One related note: back when Judge Diggs Taylor ruled that the Bush NSA program was unconstitutional, law professors Orin Kerr and Ann Althouse (the former a sometimes-Bush-apologist and the latter a constant one) viciously disparaged her and her ruling by claiming that she failed to give sufficient attention to the Government’s arguments as to why the program was legal. Althouse was even allowed to launch that attack in an Op-Ed in The New York Times. But as I documented at the time, the argument made by these right-wing law professors to attack Judge Taylor was grounded in total ignorance: the reason the court there didn’t pay much attention to the legal justifications for the NSA program was because the Bush DOJ — just like the Obama DOJ here — refused to offer any such justifications, insisting instead that the court had no right even to consider the case.
That’s why I find it darkly amusing that, today, the same Orin Kerr is solemnly lecturing The New York Times that Judge Walker here did not consider the merits of the claims about the program’s legality because the Obama DOJ argued instead “that Judge Walker couldn’t reach the merits of the case because of the state secrets privilege.” Kerr is wrong when he says that this ruling does not constitute a decision that the Bush NSA program was illegal — it does exactly that, because the plaintiffs offered evidence and arguments to prove it was illegal and the Obama DOJ (like the Bush DOJ before it) failed to offer anything to the contrary — but he ‘s right that Judge Walker did not focus on the merits of the defenses to the NSA program because the Obama DOJ (like the Bush DOJ) refused to raise any such defenses. But exactly the same thing was true for Judge Taylor when she ruled three years ago that the NSA program was illegal, which is why the right-wing attacks on her judicial abilities back then (led by Kerr and Althouse) were so frivolous and misinformed.
Obama Declares Afghan War ‘Absolutely Essential’
Insists America Will Never Abandon Conflict
By Jason Ditz | March 28, 2010
Underscoring his administration’s commitment to continue the already eight and a half year long occupation of Afghanistan, President Barack Obama made a surprise visit today and delivered a speech declaring the war ‘absolutely essential.’
Citing 9/11, President Obama insisted that continuing the conflict makes all Americans safer, and assured the troops that “everyone” knows the importance of the continued occupation of the landlocked nation.
He also threw water on the notion that the war might come to an end any time soon, saying “the United States of America does not quit once we start on something.” He reiterated his confidence that the US would ultimately prevail.
But despite pledging to give the troops a clear mission and a clear goal, and insisting that they would “get the job done,” he didn’t make it at all clear what exactly this job was. His only hint at any mission beyond endless conflict was a reference to al-Qaeda in the region, though administration officials have repeatedly conceded that there are virtually no al-Qaeda members left in Afghanistan, and have not been in some time. Yet momentum and a sufficiently hawkish administration suggests the conflict will continue to find enemies wherever it can and continue indefinitely.
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US casualties double in Afghanistan
Press TV – March 28, 2010
The number of US troops killed in Afghanistan has roughly doubled in the first quarter of 2010 compared with the same period last year.
According to Pentagon figures, some 77 American service members have been killed so far in 2010, the Associated Press reported on Saturday. This is while, the figure stood at 41 in the same period a year ago.
US officials have warned that casualties are likely to rise even further. “We must steel ourselves, no matter how successful we are on any given day, for harder days yet to come,” Admiral Mike Mullen, the chairman of the Joint Chiefs of Staff, said a month ago.
A rise in the number of the wounded also shows the Taliban remain a formidable opponent. According to the data, the Americans are facing an increase of almost 350 percent in the wounded soldiers.
The number of American troops in Afghanistan rose from 32,000 at the beginning of last year to 68,000 at the end of the year, an increase of more than 110 percent.
The horrible prospect of Supreme Court Justice Cass Sunstein
By Glenn Greenwald | March 26, 2010
A media consensus has emerged that the retirement of Supreme Court Justice John Paul Stevens, the 90-year-old Ford-appointee who became the leader of the Court’s so-called “liberal wing,” is now imminent. The New York Times‘ Peter Baker has an article today on Obama’s leading candidates to replace Stevens, in which one finds this strange passage:
The president’s base hopes he will name a full-throated champion to counter Justice Antonin Scalia, the most forceful conservative on the bench. . . . The candidates who would most excite the left include the constitutional scholars Harold Hongju Koh, Cass R. Sunstein and Pamela S. Karlan.
While that’s probably true of Koh and Karlan, it’s absolutely false with regard to Sunstein, who is currently Obama’s Chief of the Office of Information and Regulatory Affairs. From the beginning of the War on Terror, Cass Sunstein turned himself into one of the most reliable Democratic cheerleaders for Bush/Cheney radicalism and their assault on the Constitution and the rule of law.
In 2002, at the height of controversy over Bush’s creation of military commissions without Congressional approval, Sunstein stepped forward to insist that “[u]nder existing law, President George W. Bush has the legal authority to use military commissions” and that “President Bush’s choice stands on firm legal ground.” Sunstein scorned as “ludicrous” the argument from Law Professor George Fletcher that the Supreme Court would find Bush’s military commissions without any legal basis. Four years later — in its Hamdan ruling — the Supreme Court, with Justice Stevens in the majority, held that Bush lacked the legal authority to create military commissions without approval from Congress, i.e., the Court (and Stevens) found Bush lacked exactly the “legal authority” which Sunstein vehemently insisted he possessed. Had Sunstein been on the Court then instead of Stevens, that decision presumably would have come out the opposite way: in favor of Bush’s sweeping claims of executive authority.
Worse still, in 2005, Sunstein became the hero of the Bush-following Right when, in the wake of revelations that the Bush administration was illegally eavesdropping on Americans, he quickly proclaimed that Bush was within his legal rights to spy without warrants in violation of FISA. Sunstein defended Bush’s NSA program by embracing the two extremist arguments at the core of Bush/Cheney lawlessness: that (1) the AUMF silently authorized warrantless eavesdropping in violation of FISA and, worse, (2) the President may have a plausible claim that Article II “inherently” authorizes warrantless eavesdropping regardless of what a statute says.
In a March, 2006 Washington Post article, Sunstein solidified his credential as Leading Democratic-Law-Professor/Bush-Defender by mocking the notion that Bush had committed crimes while in office:
[Harvard Law Professor Laurence] Tribe wrote [Rep. John] Conyers, dismissing Bush’s defense of warrantless surveillance as “poppycock.” It constituted, Tribe concluded, “as grave an abuse of executive authority as I can recall ever having studied.”
But posed against this bill of aggrievement are legal and practical realities. Not all scholars, even of a liberal bent, agree that Bush has committed “high crimes and misdemeanors.” Bush’s legal advice may be wrong, they say, but still reside within the bounds of reason.
“The Clinton impeachment was plainly unconstitutional, and a Bush impeachment would be nearly as bad,” said Cass R. Sunstein, a professor of constitutional law at the University of Chicago. “There is a very good argument that the president had it wrong on WMD in Iraq but that he was acting in complete good faith.”
Sunstein argues that Bush’s decision to conduct surveillance of Americans without court approval flowed from Congress’s vote to allow an armed struggle against al-Qaeda. “If you can kill them, why can’t you spy on them?” Sunstein said, adding that this is a minority view.
In 2008, Sunstein became the leading proponent of the Bush/Cheney-sponsored bill to legalize Bush’s warrantless eavesdropping program and to immunize lawbreaking telecoms, a bill which Obama — advised by Sunstein — ended up voting for in violation of his pledge to filibuster. The same year, Sunstein provoked widespread anger among progressives by insisting (again) that investigations and prosecutions of Bush officials would be inappropriate and harmful. As summarized by Talk Left’s Armando, a long-time lawyer: “Cass Sunstein has been defending the Bush Administration’s illegal actions and the Bush Administration’s preposterous claims for many many years now. This is who he is.” Hey, Left: doesn’t the thought of Supreme Court Justice Cass Sunstein make you tingle with “excitement,” just as Peter Baker said?
Even in domestic policy, Sunstein is far away from “the Left.” As Matt Yglesias put it last April after Obama nominated him to be head of White House regulatory policy: his “views on regulation are, if anything, somewhat more conservative than those of most Democrats.” In reviewing Sunstein’s domestic policy book, Nudge, Matt Stoller pointed out that several of his ideas are “exactly 100% out of the conventional wisdom from the 1960s conservative movement,” that he steadfastly exempts the Pentagon and the Surveillance State from claims that the Government is too large, and even holds up Rahm Emanuel as a “liberal,” just to give a sense of how Sunstein views the political spectrum. As I discussed earlier this year, Sunstein also proposed a consummately creepy plan for the government to “cognitively infiltrate” online discussions which spout views that Sunstein deems false.
Along with TNR‘s Jeffrey Rosen, it was Sunstein who took a leading role in telling Democrats that John Roberts was a good choice for the Court. While Rosen has acknowledged he was wrong in his assessment — because Roberts turned out to be exactly the judicial radical which liberals said he was (while Rosen/Sunstein derided liberals for saying so) — Sunstein continued to praise Roberts and Sam Alito for their rulings. A former student of Sunstein’s at Chicago Law School, the very smart liberal blogger Kathy G, detailed Sunstein’s record in a comprehensive post, including his expressed affection and admiration for the executive-power-loving radicals of the Federalist Society which, among other things, produced John Yoo (she also notes Sunstein’s view that Roe v. Wade was “wrongly decided,” though he doesn’t favor its overruling). As she aptly put it:
I think Sunstein is an extremely ambitious man who basically would run over his own grandmother for a seat on the Supreme Court (well, he’d think seriously about doing so, anyway). Seeing how powerful the right wing has been in this country (at least until recently), especially regarding the courts, Sunstein must know that if he wants to be a Supreme Court justice, it would help if he were cozy with the right and accepted many of their basic ideas (such as judicial “minimalism,” which he has advocated), albeit with a more centrist spin. It obviously would also help his popularity with the right if he were to refrain from bruising conservatives’ tender feelings by pointing out such inconvenient truths as the fact that the current administration is a pack of dangerous, despotic war criminals.
Indeed, for all of these reasons, Sunstein has been praised by the Right as one of Obama’s best picks while consistently opposed by “the Left.”
Given all this, I have no idea what would possibly lead Baker to claim that Sunstein would be a favorite choice of the Left for the Court, though I can guess: the fact that the incoherent Glenn Beck — for some inexplicable reason — has made Sunstein a prime target of his deranged rantings about The Imminent Takeover of Leninism leads Baker to believe that Sunstein must be beloved by the Left. He most assuredly is not. Ironically, with this administration and in our political culture, the perception that a Sunstein appointment would “excite the Left” is probably the best way to ensure he is not chosen for the Court, as nothing is more fatal in Washington than being viewed as Liked by the Left. Just ask Dawn Johnsen about that, if you can find her (indeed, reflecting How Washington Works, Baker immediately says of the candidates he identifies as The Left’s Favorites: “insiders doubt Mr. Obama would pick any of them now”). So it’s arguably productive to let this view of Sunstein stand, as false as it is.
The person who many believe is the leading candidate to replace Stevens — Obama’s Solicitor General Elena Kagan — has a record that is almost as bad as Sunstein’s when it comes to executive power abuses, civil liberties, and “War on Terror” radicalism. Unlike the Sotomayor-for-Souter substitution, which essentially maintained the Court’s balance, replacing Stevens with the likes of Cass Sunstein or Elena Kagan would move the Court dramatically to the Right, especially in the areas of executive power and civil liberties, where a fragile 5-4 majority has provided at least some minimal safeguards over the last decade. Whatever else one might want to say about Cass Sunstein — or, for that matter, Elena Kagan — it is simply false to claim that they would fit within the so-called “liberal” wing of the Court on matters of executive power and civil liberties. The replacement of John Paul Stevens could have a very radical impact on the Supreme Court, and it’s certainly not too early to begin combating pernicious myths about the leading candidates.
