JAG Memos Revealed Discourse.net

Marty Lederman has an important post about the torture scandal, The Heroes of the Pentagon's Interrogation Scandal -- Finally, the JAG Memos
. As Marty says, "These memos reveal the JAGs as the real heroes of this story."

The memos are extraordinary. They are written by JAGs from the Air Force, Navy, Army and Marines. As Senator Graham put it on Monday, these folks "are not from the ACLU. These are not from people who are soft on terrorism, who want to coddle foreign terrorists. These are all professional military lawyers who have dedicated their lives, with 20-plus year careers, to serving the men and women in uniform and protecting their Nation. They were giving a warning shot across the bow of the policymakers that there are certain corners you cannot afford to cut because you will wind up meeting yourself."
It is fair to say that these accounts reflected sustained, uniform and passionate opposition to the OLC legal theories that were being foisted upon the military. Indeed, the tone of the memos is one of barely concealed incredulity, and outrage--disbelief--that a young legal academic from DOJ could sweep right in and so quickly overturn decades of carefully wrought military policy, using legal analysis that almost certainly would not withstand scrutiny outside the Administration and around the world. ...

In particular, these memos eloquently warn of the grave harms that could result from such a radical shift in policies and legal understandings--harms not only to the prospects for nation's efforts to stop terrorism, but also to military interrogators and officers who could face domestic and international prosecution for engaging in such conduct, and, most importantly, to U.S. forces who are themselves detained in this and future conflicts.

He's also got the text of six key JAG memos. Essential reading.

It is fair to say that these accounts reflected sustained, uniform and passionate opposition to the OLC legal theories that were being foisted upon the military. Indeed, the tone of the memos is one of barely concealed incredulity, and outrage--disbelief--that a young legal academic from DOJ could sweep right in and so quickly overturn decades of carefully wrought military policy, using legal analysis that almost certainly would not withstand scrutiny outside the Administration and around the world. ...

In particular, these memos eloquently warn of the grave harms that could result from such a radical shift in policies and legal understandings--harms not only to the prospects for nation's efforts to stop terrorism, but also to military interrogators and officers who could face domestic and international prosecution for engaging in such conduct, and, most importantly, to U.S. forces who are themselves detained in this and future conflicts.

He's also got the text of six key JAG memos. Essential reading.

Values War and Piece

The emails Andrew Sullivan gets fuel my despair about where America is headed. The hatred, the intolerance. Why do Republicans hate gay people so??? And why do they let Rove fan the flames of this hatred which can only incite violence?

"I wonder if you noticed that yesterday all eleven states that considered the question of gay marriage voted to ban it. ALL ELEVEN. I think this sends a very clear message -- true Americans do not like your kind of homosexual deviants in our country, and we will not tolerate your radical pro-gay agenda trying to force our children to adopt your homosexual lifestyle. You should be EXTREMELY GRATEFUL that we even let you write a very public and influential blog, instead of suppressing your treasonous views (as I would prefer). But I'm sure someone like yourself would consider me just an "extremist" that you don't need to worry about. Well you are wrong -- I'm not just an extremist, I am a real American, and you should be worried because eleven states yesterday proved that there are millions more just like me who will not let you impose your radical agenda on our country."

What happened to decency in America? What happened to the religious values of tolerance and respect for human life? Treating others as one wishes to be treated?

Editor&Publisher: Finally! The MSM will grudgingly report that St. McCain actively sought and accepted the endorsement of a couple old pals of the Bush White House. This minister is anti-Semitic, anti-Catholic, and wants war with Iran now. The sainted solon has dubbed the other radical cleric a "spiritual guide." Neither, however, is a scary black man.

The Largest Minority: Exxon loses Venezuelan asset freeze and ordered to pay compensation.

Shakesville: Women's and children's issues don't count

Danger Room: Counting the dead in Iraq

Voice Your Choice in the Corporate Hall of Shame 2008. This year's nominees made headlines for breaking the law, influencing elected officials, undermining democratic decision-making and outright endangering the environment and public health.

Some of us progressives have comforted ourselves that after the Bush administration is over, the history books will finally tell the truth. Not so fast. History News Network (George Mason Univ.):

The Bush administration’s Executive Order 13233 underscores the new fact that presidential legacies, once the domain of academic historians and parlor game aficionados, have become a serious business — so much so that a president has mounted a Kremlinesque campaign to stifle the free dissemination of information. The Bush administration is playing for keeps.

Bush’s Executive Order 13233 could change history — literally — by restricting historians’ access to materials that help them document and ultimately judge a president’s actions, lapses, and principles.

Executive Order 13233 gives ex-presidents nearly unlimited discretionary authority to prohibit the release of their papers, and allows them to name designees who can act in their stead. Moreover, a sitting president may also prevent the release of a predecessor’s papers — as Bush has already done with some of Ronald Reagan’s papers — even when the predecessor has authorized his papers’ release. These are radical encroachments on the public’s access to documents that were produced in the public interest, at public expense, by officials elected by the public. Citizens can challenge these decisions in court, but the expense and time commitment will discourage most people from trying.

A House-approved bill that would undo this blatant assault on openness has been held up in the Senate. Even if the measure advances, there is no guarantee that Congress could override Bush’s expected veto.

Read more...

The bill reversing this travesty is advocated in Public Citizen's online letter for your Senator.

ABA Journal:

...we asked 50 defense attorneys who’ve worked on federal terrorism cases since 9/11 their opinions of the legal war on terror. (We also asked 50 prosecutors, but U.S. Department of Justice spokesman Dean Boyd told assistant U.S. attorneys across the country not to participate. He declined to tell us his reason.)

Memo to Mr. Boyd, Esq.: This is the American Bar Association asking you. Remember? The ones who gave a unanimous "well-qualified" rating to Samuel Alito? We're not talking those commies at the National Lawyer's Guild, radical journalists at Mother Jones Magazine or some Nazi/KKK blackmailing leftwing blog, heh. What exactly are you afraid of? That attorneys supposedly working FOR you might express the same common sense opinions shown above?

John Nichols in The Nation, via Commondreams.org:

"...in an era of mass delusion and denial on the part of leaders in both major political parties, stating the obvious can be a radical act."

If you haven't heard by now, XM shock-jocks Opie and Anthony are in full apology-mode over crude sexual comments (WARNING: disgusting language) guest “Homeless Charlie" made about Condoleeza Rice and Laura Bush. This kind of trash should be universally deplored, but when other idiot shockjocks like Mancow Muller -- who describes himself as a "conservative, Bible-thumping radical who curses" -- claim that Opie and Anthony are "liberal guys" and that's why they're "getting a free pass" from the media, I'd be remiss if I didn't call him out on it. Here's a contrast of what he said and what O&A themselves said about their political leanings in an interview on "Hannity & Colmes" last year.

Download | play Download | play (h/t Logan for the vid)

Mancow: "These are liberal guys. Can you imagine - these are liberal guys, can you imagine if-if Rush or Hannity or you, Bill got on and talked about raping Hillary? You'd be out of the country by now, but these guys are getting a free pass because the media hates - hates -uh this First Lady and hates Condoleeza Rice."

In that H&C clip, Opie and Anthony had just gotten their show back after a two year hiatus from terrestrial radio where they were fired for running a contest in which they encouraged listeners to have sex in public places. One of those places was St. Patrick's Cathedral in NYC, and the uproar that ensued resulted in their canning.

The funniest part has to be when Hannity asks them when their next outrageous controversy will happen and when he will have to defend them. Well, here you go, Sean. Will you stay true to your word? Something tells me no.

(Photo courtesy of British Army) CTV:

The head of the British army says he has personally decided Prince Harry will go to Iraq.

Gen. Sir Richard Dannatt told BBC News the decision will be kept under review, but says he hopes his statement will end media speculation on Harry's deployment.

The 22-year-old Prince's regiment, the Blues and Royals, is due to begin a six-month tour of duty in Iraq within weeks. British commanders had reportedly been reconsidering their decision to allow the prince to fight in Iraq.[..]

Meanwhile, the Guardian newspaper is reporting that Shiite militants have set up a special squad targeting Harry should he be posted to Iraq.

The British newspaper quoted a commander in the Mahdi Army -- the militia loyal to radical Shiite cleric Muqtada al-Sadr -- as saying the group had informants inside British army bases who would tip them off about Harry's presence.

Normally, this is one of those quasi-celebrity stories that I could not care less about. But I think it's important to point out one thing: I don't know how the royal family feels about the occupation in Iraq, but it would have been no big thing for them to arrange for Harry to not be deployed. But they didn't.

So I put it out there to all those talking heads who are still cheerleading the war: The man third in line for the throne of England is willing to put his life on the line (with direct threats, I might add). When are we going to see the same sacrifice of those unwilling to question the President? When will Jenna and Barbara land in the Green Zone?

About a week ago, Slate’s Dahlia Lithwick noted a tidbit that the rest of us missed: TV preacher Pat Robertson’s Regent University boasts that 150 of its graduates, including former top DoJ aide Monica Goodling, are serving in some capacity in the Bush administration. Lithwick noted that this is “a huge number for a 29-year-old school.” That’s certainly true; it’s also a huge number for a small right-wing college led by a radical televangelist who believes Americans brought 9/11 upon themselves.

Lithwick knew about the 150 Regent grads because, as she put it, the school’s website “proclaims [the number] proudly” on its About Us page. That is, until this past week.

Reader J.S. alerted me to an interesting observation: shortly after Lithwick’s piece was published and the 150 figure quickly drew national attention (and a Paul Krugman column), Regent edited its About Us page — and removed the reference to the 150 Bush-hired alumni.

According to Google cache, as recently as April 12, Regent’s “facts” page included seven bullets noting graduates in various political positions, with the seventh noting, in all bold letters, “150 graduates serving in the Bush Administration.” As of yesterday, the same page is identical, except the seventh bullet has been deleted. Regent stopped bragging about staffing the administration almost immediately after someone from the media noticed.

I’m open to suggestion, but it seems to me there are two possibilities: either Regent is suddenly embarrassed to be associated so closely with the Bush administration, or the administration is suddenly embarrassed to be associated so closely with Regent.

(Guest blogged by Logan Murphy)

Michael Collins of "The Scoop" brings us great news out of Florida.

Florida Plan Gives Citizens Real Paper Ballots

North Florida. Retired Navy aviator and veteran, Bill Faulkner, MBA, may have done the impossible. He devised a plan to return believable elections to Florida by turning optical scan forms into the ballot of record, to be counted by citizens in public areas where all can view the process taking place. This radical departure from the maze of today's computerized voting harkens back to over 100 years of U.S elections history.

Florida Gov. Crist Makes History

This is one of the most revolutionary and far reaching proposals made by a governor in years. The removal of voting rights for ex-felons, those who have served their time and returned to society, is a direct descendent of the 1890 Mississippi Constitution. This document proudly listed a variety of ways Post Reconstruction whites would remove all political power form black citizens.