Tag Archives: immunity

Ashcroft subject of lawsuit

Could the ice be finally melting from the llloooonnnnggg winter of Bush? No major Bush administration official has been accountable for squat.

ashcroft
John Ashcroft (from Getty Images)

From CNN.com:

Former U.S. Attorney General John Ashcroft is not immune from being sued by a man who says he was illegally detained under Justice Department policies implemented after the September 11 terror attacks, a federal appeals court ruled Friday.

A spokesman for former Attorney General John Ashcroft says his team is reviewing the decision.

The man, a native-born U.S. citizen who was once a college football star, was held and interrogated by the FBI for 16 days in 2003 and his travel was limited for another year, court documents said.

A spokesman for Ashcroft, asked for his reaction, said, “We’re reviewing the decision and have no further comment.”

The court rejected Ashcroft’s argument that his involvement was as a prosecutor, which would give him full immunity from lawsuits, not as an investigator, which could leave him liable.

“We disagree,” the decision said. “Many tools and tactics available to prosecutors can serve either an investigatory or advocacy-related function.”  (more… )

Update: Obama Moving to the Center

Progressives, including myself, have become somewhat disillusioned over the last couple of days as we watched our candidate seem to drop some of his core beliefs and move towards the center. I have no problem with a politician changing their mind. Heck, if President Bush would have changed his mind, we could have had our troops home four years ago. So, changing one’s mind is not necessarily a bad thing. What made Senator Barack Obama different was that he offered a new kind of politics, one that was not about political calculation but instead was about doing the right thing. Over the last seven days, it seems that we are seeing political calculation more than anything else.

The FISA bill may pose a conundrum for some politicians. Some may believe that they will be portrayed as weak and “supporting the terrorists” if they oppose this piece of legislation. I believe that there are two principles at stake with this legislation. First, all spying on Americans with regards to national intelligence should go through the FISA courts. Remember that during Alberto Gonzales’s tenure, the Bush White House decided that the FISA courts were too slow and too cumbersome. Therefore, they bypassed the court. This piece of legislation will prevent that bypass (in theory). Secondly, this piece of legislation offers immunity to the telecoms. I think the telecoms you get immunity if I can also get immunity from not paying my taxes for the next five years. I’m just saying…

So in this legislation there is a small sliver of good and a larger slice of bad.

Faith-based initiatives were a cornerstone of President Bush’s 2000 campaign. Unfortunately, as we have now found out, they were more about funneling money into the pockets of people that Bush liked. The program was less about helping the poor or decreasing inner-city violence. As a matter of fact, it had nothing to do with those kind of charitable issues. The program was about keeping the religious evangelicals in support of the Bush administration. Therefore, programs like intelligent design, abstinence-only, and similar programs were pushed by this faith-based initiative.
Obama’s proposal is not an update on Bush’s program, but instead it’s a complete reform or overhaul on this program. Anyone who has read his book The Audacity of Hope, understands that Obama is a man of faith. They should also understand that faith plays an important part in his life. I don’t necessarily have a problem with this. I’ll wait and see how things shake out.

Now Obama’s recent stance on NAFTA is a little bit more confusing. During the primaries, it appeared that Obama wanted to take a hard look at this treaty and possibly renegotiate some of aspects. Recent statements seem to contradict this. For the last eight years, “free trade” has meant more profits for companies and more layoffs of American workers. This trend must stop if we are going to restore the middle class.

As a matter of fact, I’m surprised that Mexico hasn’t tried to renegotiate this deal. Jobs that originally went to Mexico have now gone to China, Indonesia, and Malaysia. Why? Mexico was too expensive so it is now left with empty factories. Relatedly, the U.S. has unemployed workers, idle factories, and larger mansions.

I have not seen any convincing evidence to show that NAFTA has helped the American worker. If I am shown convincing evidence, I’ll rethink my position but currently I will support most measures that will strengthen unions and help the American worker. So I don’t think I can agree with Obama in this situation. Continue reading Update: Obama Moving to the Center

Countdown – Special Comment, FISA and Barack Obama

Congratulations, Glenn Greenwald. Glenn Greenwald challenged both Barack Obama and Keith Olbermann over this FISA legislation. The bottom line, as Glenn pointed out, was that Barack Obama stood firmly against immunity for the telecom companies during the primaries. Now that he is one step away from the White House, he appears to be playing politics, and backing off from this pledge.

Keith Olbermann did his homework, or rather, he had John Dean do his homework for him. Over the weekend, John Dean not only read the FISA legislation also looked at related statutes. He concluded that the telecom companies would be immune from civil lawsuits but not from criminal prosecution. Therefore, Barack Obama can vote for the FISA legislation and still pledge to prosecute any criminal activity of the telephone companies. This would be something. But for me, I would like to see Barack Obama say no telecom immunity. No! Then, follow up with a pledge that if criminal wrongdoing is found he would instruct the attorney general to prosecute.

With John McCain cranking up the rhetoric on Barack Obama’s campaign-finance “flip-flop,” I think it is important that he (Obama) takes a stand on principle. The Republicans are going to do what they’re going to do (lie and distort). Therefore, it is critical for Barack Obama to decide where he’s going to stand in this election.

Congratulations to Glenn Greenwald (Glenn’s Olbermann posts – here and here. Glenn’s original post on FISA and Obama here.) It is rare for a blogger to have any influence of the world on which he blogs. Glenn’s arguments are thoughtful and well researched. It is very hard to argue with Glenn… and win.