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Desperate Times For Unemployed As Feb. 28 Deadline Looms

From the excellent Working In These Times, Roger Bybee writes quite movingly about the growing despair of the unemployed.

It's important that we keep the heat on Congress about this, because it looks like the only unemployment politicians care about is their own:

"[Layoffs] are the opposite of life-giving; they literally deplete life… Layoffs diminish the ability to restart. You can have all kinds of people like spouses and friends say you are terrific, ... but in the core you say, I am not, and I have big evidence that I am not."

—Prof. Kim Carmon, psychologist, University of Michigan

For anyone who has ever been out of work, Kim Carmon's statement captures your innermost feelings of worthlessness that "literally deplete life." Unemployment exacts both an enormous toll on both one's self-esteem and physical health, as Prof. Peter Dreier and Dr. Harvey Brenner have documented, respectively.

When I wrote last week about the plight of America's 4.8 million unemployed, it triggered some powerful responses from unemployed workers. They're excerpted below.

The economic situation is especially dire for the 1.2 million jobless Americans who face a loss of benefits if long-term unemployment benefits are not extended beyond February 28. Many people, like this man who responded to my column last week, have already exhausted their benefits and are barely managing to scrape by:

I lost my job through no fault of my own when the economy went south. It’s a spit in the face to move up the ladder and then go from making $800 a week to $350 before taxes. My benefits recently ran out and I’ve still had no luck finding a job.

The frustration of the jobless is now being intensified by Congress' inability to accomplish four relatively simple things:

  1. Develop a jobs bill commensurate with the massive problem unemployment crisis we face.
  2. Extend unemployment compensation benefits due to expire on February 28, along with the provision where the federal government covers 65% of otherwise-unaffordable COBRA health insurance payments.
  3. Provide aid to state and local governments that are looking at a combined deficit of $142 billion for next fiscal year, starting July 1.
  4. Remove the outrageous federal income tax on unemployment benefits, which kicks in after $2,400 in benefits. For many of the unemployed, that means the tax starts being collected after just six checks.

However, as Art Levine wrote on this website, the Democrats—particularly in the Senate—seem to be on a suicide mission as they're fumbling the opportunity to merely pass am appropriately-sized jobs bill and extend unemployment and COBRA health benefits.

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Torture 'Margolized'

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Audio of John Yoo on what the president can do from 2005.

Cassel: If the president deems that he's got to torture somebody, including by crushing the testicles of the person's child, there is no law that can stop him?

Yoo: No treaty

Cassel: Also no law by Congress -- that is what you wrote in the August 2002 memo...

Yoo: I think it depends on why the President thinks he needs to do that.

This is f*&ked up. We need an explanation from David Margolis as to why he changed the original findings on Bybee and Yoo:

For weeks, the right has heckled Attorney General Eric Holder Jr. for his plans to try the alleged 9/11 conspirators in New York City and his handling of the Christmas bombing plot suspect. Now the left is going to be upset: an upcoming Justice Department report from its ethics-watchdog unit, the Office of Professional Responsibility (OPR), clears the Bush administration lawyers who authored the “torture” memos of professional-misconduct allegations.

While the probe is sharply critical of the legal reasoning used to justify waterboarding and other “enhanced” interrogation techniques, NEWSWEEK has learned that a senior Justice official who did the final review of the report softened an earlier OPR finding. Previously, the report concluded that two key authors—Jay Bybee, now a federal appellate court judge, and John Yoo, now a law professor—violated their professional obligations as lawyers when they crafted a crucial 2002 memo approving the use of harsh tactics, say two Justice sources who asked for anonymity discussing an internal matter. But the reviewer, career veteran David Margolis, downgraded that assessment to say they showed “poor judgment,” say the sources. (Under department rules, poor judgment does not constitute professional misconduct.) The shift is significant: the original finding would have triggered a referral to state bar associations for potential disciplinary action—which, in Bybee’s case, could have led to an impeachment inquiry...read on

There's plenty more to be disturbed about in this report.

Digby has more:

Two of the most controversial sections of the 2002 memo—including one contending that the president, as commander in chief, can override a federal law banning torture—were not in the original draft of the memo, say the sources. But when Michael Chertoff, then-chief of Justice’s criminal division, refused the CIA’s request for a blanket pledge not to prosecute its officers for torture, Yoo met at the White House with David Addington, Dick Cheney’s chief counsel, and then–White House counsel Alberto Gonzales.

After that, Yoo inserted a section about the commander in chief’s wartime powers and another saying that agency officers accused of torturing Qaeda suspects could claim they were acting in “self-defense” to prevent future terror attacks, the sources say. Both legal claims have long since been rejected by Justice officials as overly broad and unsupported by legal precedent.

That's excellent news. Now we know that all the president ever has to do is call in a legal functionary and have him write a memo legalizing whatever he wants to do and he's good to go. I feel safer already.

You know how I feel about Judge Bybee already and Margolis should have done the right thing. Did anyone order him to make these changes? And it sure pays to stack the OLC with your own flunkies for personal gain. Look what Bush and Cheney are getting away with because of these cronies.



Judge Bybee: Regrets, I've Had A Few

I'm torn, I really am. What Bybee did was amoral and despicable, and he deserves to be impeached. But it's not too difficult to figure out that Bybee is being made a sacrifice of sorts. The Villagers are hoping if they throw him under the bus, it will appease the angry mobs. The other thing is, he's much easier to hold culpable and punish than the rest of them. (He's Lynndie England.)

Of course Bybee should suffer consequences - no argument here. But don't forget, the people at the top made the policy decisions. Don't be distracted by someone who is essentially low-hanging fruit, even if the Post is trying to protect him with this story (composed mostly of anonymous sources):

Five years along in his new life as a federal judge, Bybee gathered the lawyers and their dates for a reunion, telling them he was proud of the legal work they had together produced.

And then, according to two of his guests, Bybee added that he wished he could say the same about his previous position.

It was, in the private room of a public restaurant, the kind of joyless judgment that some friends and associates say the jurist arrived at well before the public release of four additional memos last week and the resulting uproar that has engulfed Washington. One of the documents, dated Aug. 1, 2002, offered a helpfully narrow definition of torture to the CIA and soon became known as the "Bybee memo," because it bore his signature.

"I've heard him express regret at the contents of the memo," said a fellow legal scholar and longtime friend, who spoke on the condition of anonymity while offering remarks that might appear as "piling on." "I've heard him express regret that the memo was misused. I've heard him express regret at the lack of context -- of the enormous pressure and the enormous time pressure that he was under. And anyone would have regrets simply because of the notoriety."

That notoriety worsened this week as the documents -- detailing the acceptable application of waterboarding, "walling," sleep deprivation and other procedures the Bush administration called "enhanced interrogation methods" -- prompted calls from human rights advocates and other critics for criminal investigations of the government lawyers who generated them.

[...] Still, in the years since the original Bybee memo was made public, his misgivings appeared evident to some in his immediate circle.

"On the primary memo, that legitimated and defined torture, he just felt it got away from him," said the fellow scholar. "What I understand that to mean is, any lawyer, when he or she is writing about something very complicated, very layered, sometimes you can get it all out there and if you're not careful, you end up in a place you never intended to go. I think for someone like Jay, who's a formalist and a textualist, that's a particular danger."

Tuan Samahon, a former clerk who recalled Bybee's remarks at the reunion dinner, said in an e-mail that the judge defended the legal reasoning behind the memos but not the policy decision. Bybee was disappointed by what was done to prisoners, saying that "the spirit of liberty has left the republic," Samahon said.



Is Harry Reid supporting Judge Bybee because he's a Mormon?

Not many people know that Judge Jay ByBee is a Mormon and an anti-gay supporter. As Patrick Leahy, Russ Feingold, Jerry Nadler, and Jan Schakowsky all spoke out against him, Harry Reid wasn't saying much. Even though Diane Feinstein voted against his confirmation she now either has a no comment or is trying to wrestle control of the investigation.

Russ Feingold voted against his nomination back in 2003:

On more than 20 occasions, Mr. Bybee refused to answer a question, claiming over and over again that as an attorney in the Department of Justice he could not comment on any advice that he gave at any time. This is unfortunately becoming a very familiar refrain of nominees before the Judiciary Committee.

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But the failure to make OLC opinions available to the Judiciary Committee during the consideration of a nominee for a seat on a circuit court is unacceptable... The administration should be able to agree to an acceptable procedure to allow the Judiciary Committee to review Mr. Bybee's OLC opinions. Given the recent history of many OLC opinions being made public, it is hard to believe that there are no opinions authored by Mr. Bybee that could be disclosed without damaging the deliberative process. Indeed, it is very hard to give credence to the idea that OLC's independence would be compromised by the release of some selection of the opinions of interest to members of the Judiciary Committee or the Senate.

After the release of these memos why then is Harry Reid not in line with almost every Democratic Politician?

A serious setback, however: Harry Reid, whose Senate would rule on an impeachment in the House, doesn't seem to like the idea:

"Judge Bybee has a good professional reputation in Nevada," Reid spokesman Jon Summers said in an e-mail. "While the memos that have been released are disturbing to Sen. Reid, at this point in time, he doesn't think we should be making a rush to judgment."

And as Alex Koppelman reports in Salon:

Reid has also resisted House Speaker Nancy Pelosi's request to create an independent commission to investigate the interrogation tactics. In a recent statement, Reid said, "I think it would [sic] very unwise from my perspective to start having commissions, boards, tribunals until we find out what the facts are.”

Reid sponsored Bybee's judicial appointment, along with fellow Nevada Senator John Ensign. Ensign has been adamant in his support of Bybee, referring to the calls for the judge's ouster as "outrageous" and saying that "This was not torture. This is the thing we have to get away from, that this is somehow accepted that it was torture. The United States does not engage in torture. This was 'advanced interrogation techniques.'"

My question is of Harry Reid. Are you supporting Judge ByBee because he is a Mormon? I'm not against religion as I've said many times, but if Bybee was involved with any other religion, would Harry Reid have supported him? Will any reporters pose that question to Harry Reid? It just seems odd to me that Reid didn't condemn the memos he's credited with writing much more harshly and is resisting any form of inspection. This is very troubling.



Mike's Blog Roundup

Martini Revolution: President Bush: Hypocrite and miserable failure.

Making conservatives cringe since 1977: Maybe when Senator McSame visits Annapolis he'll explain why he's left so many veterans behind.

BAGnewsNotes: Coming to a cubicle near you

The Liberal Journal: Dean working toward a Florida resolution

Balkinization: John "Torture" Yoo issued his controversial and lawless opinion in his own name. But John Yoo did not have the legal authority to issue this opinion . . . unless either Jay Bybee and/or John Ashcroft signed off on it.

HOLY CRAP: The King of America...Navy Chaplain fired...New Baptist John McCain returns to his old Episcopal high school...The lingering effects of anti-abortion terrorism...Get Rich for Jesus...Sympathy for the devil...Demon Rum...John McCain, Jew Counter...



The wrong choice for Attorney General

After Alberto Gonzales’ humiliating and painful tenure as the nation’s chief law-enforcement officer, I was beginning to get my hopes up about Attorney General nominee Michael Mukasey.

Right off the bat on Wednesday, he rejected the infamous Bybee memo, and compared U.S. torture policies to Nazi Germany. The rest of the day was nearly as encouraging, with Mukasey vowing to end Justice Department “stonewalling,” and insisting he would resign if Bush tried to do something unconstitutional. No more partisan considerations in employment, Mukasey said. No more “unilateralism,” he promised.

Everyone was impressed, and said so. And then Day Two happened.