imprisonment

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It's good news that unpaid bloggers are included in this compromise, but since I don't know the details, I don't know if this would have kept Judy Miller out of jail:

WASHINGTON — The Obama administration, leading Senate Democrats and a coalition of news organizations have reached tentative agreement on legislation providing greater protections against the fining or imprisonment of reporters who refuse to identify confidential sources.

Under the deal, made public Friday, federal judges could quash subpoenas demanding testimony or information from reporters if the judges determined that the public interest in news gathering outweighed the need to uncover the source of a leak, including, in some circumstances, unauthorized disclosure of classified government information.

Protection under the so-called shield law would also be extended to unpaid bloggers engaged in gathering and disseminating news.

A version of shield legislation was approved by the House in March. But a similar bill has stalled in the Senate, and its prospects appeared to dim significantly in September when the administration, responding to apprehension expressed by intelligence agencies and prosecutors, took a harder line with regard to cases in which the government could claim national security concerns.

With the new agreement, however, the White House has now moderated that position.

[...]The leading proponents of the legislation, Senators Charles E. Schumer of New York and Arlen Specter of Pennsylvania, both Democrats, expressed confidence that the compromise would move quickly through the Senate.

“We still get most of our information from investigative journalists,” Mr. Specter said. “If you can’t protect sources, there is a lot of public corruption and private malfeasance that will go undetected and unpunished.”



Mike's Blog Roundup

TalkLeft: Rosen recants on Sotomayor, Turley takes up his standard, but who will represent white males on the court?

The Pump Handle: The Climate Bill is less than ideal, but the best we're gonna get right now

The Big Picture: The back story to "Bailout Nation" (h/t swimgirl)

TPMMuckraker: A sketchy DOD report does not attempt to establish the original status of the detainees it claims "reengaged" in terrorism, and does not consider the possibility that some of the 540 men released from Gitmo just might have been radicalized during their imprisonment.

American Street: Death rattle of the cult of Intelligence?

OFF THE BEATEN PATH: Scoop44, Alien Truth, Politics In Color, Michigan Liberal


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For some time now, Bill O'Reilly has been so desperate to prove that the Bush administration's use of extreme tactics in the "war on terror" -- including torturing detainees and killing civilians -- that he's even been willing to smear the memories of American veterans of World War II to make that point. Last night on his Fox News show, he added Winston Churchill to the list of smear victims.

We all remember the Malmedy smear, for which O'Reilly has never either apologized or corrected the record:

In Malmedy, as you know, U.S. forces captured S.S. forces who had their hands in the air and were unarmed and they shot them dead, you know that. That's on the record. And documented."

O'Reilly in fact had it completely reversed: At Malmedy, it was American troops who were massacred by SS guards, not the other way around.

Not only did O'Reilly never correct the insulting gaffe, a year later he repeated it:

In Malmedy, as you know, U.S. forces captured SS forces who had their hands in the air, and they were unarmed, and they shot them down. You know that. That’s on the record, been documented. In Iwo Jima, the same thing occurred. Japanese attempted to surrender, and they were burned in their caves.

As Robert Parry observes:

O’Reilly also engages in historical revisionism with his explanation that the small number of Japanese POWs at Iwo Jima and other Pacific battles is proof that U.S. Marines committed systematic murder. According to most historical accounts, the Americans wanted the Japanese soldiers to surrender but they chose to fight to the death.

So last night he wandered into the same waters, claiming that Winston Churchill was likely a war criminal under the standards "the far left" wants to impose on the Bush administration. What started all this was President Obama citing Winston Churchill's views on torture:

O'Reilly: And since then, the Factor has been investigating Winston Churchill's position on waging war and interrogating the enemy. Via Boston University professor Cathal Nolan, we have found out the following:

Churchill actually wanted to use poison gas on the Germans in violation of the Geneva Convention, but was stopped by the British War Cabinet.

The Royal Air Force killed hundreds of thousands, perhaps millions of civilians by targeting non-military sites.

And the British operated a number of military interrogation centers during and after World War II, including one called the "London Cage," where German prisoners were beaten, deprived of sleep, and threatened with death.

Another center was opened in Bad Nenndorf on German soil after Churchill left power. It was almost like a concentration camp. British government documents detailed terrible torture inflicted on the Germans. Some of the inmates were branded human skeletons.

Well, is O'Reilly right? Er, as you might expect given his track record -- No.

It's not as egregious a smear as the Malmedy/Iwo Jima claims, but close.

Continue reading »


I can't wait for the usual comments about how this means the opposite of how it appears, Obama's extended super brilliant chess game, etc.:

WASHINGTON — The Obama administration said Friday that it would appeal a district court ruling that granted some military prisoners in Afghanistan the right to file lawsuits seeking their release. The decision signaled that the administration was not backing down in its effort to maintain the power to imprison terrorism suspects for extended periods without judicial oversight.

In a court filing, the Justice Department also asked District Judge John D. Bates not to proceed with the habeas-corpus cases of three detainees at Bagram Air Base outside Kabul, Afghanistan. Judge Bates ruled last week that the three — each of whom says he was seized outside of Afghanistan — could challenge their detention in court.

Tina Foster, the executive director of the International Justice Network, which is representing the detainees, condemned the decision in a statement.

“Though he has made many promises regarding the need for our country to rejoin the world community of nations, by filing this appeal, President Obama has taken on the defense of one of the Bush administration’s unlawful policies founded on nothing more than the idea that might makes right,” she said.