Even in its last throes, the Bush administration continues its uninterrupted lawlessness. As two recent stories by Charlie Savage of the New York Times revealed, President Bush ignored Congressional statutes requiring privacy disclosures by his Department of Homeland Security and non-discrimination in hiring by faith-based groups receiving federal funds. In twice turning his back on the rule of law, Bush again resorted to his favorite executive power-grabbing tools, the signing statement and "interpretation" by the DOJ's Office of Legal Counsel.

Savage, who won a Pulitzer Prize for his 2006 expose of Bush's unprecedented use of signing statements, revealed last Friday that the President is at again. The White House informed Congress that it is bypassing a law passed as part of the package of recommendation from the 9/11 Commission. Designed to prevent political interference with the Department of Homeland Security:

The August 2007 law requires the agency’s chief privacy officer to report each year about Homeland Security activities that affect privacy, and requires that the reports be submitted directly to Congress “without any prior comment or amendment” by superiors at the department or the White House.

But in a move ranking the Republican on Senate Judiciary Committee Arlen Specter (R-PA) deemed "unconstitutional" and "dictatorial," DHS Secretary Michael Chertoff told Congress the administration would not "apply this provision strictly" because it infringed on the president’s powers. And as Savage detailed, President Bush used a signing statement to thwart the will of Congress - and the law of the land:

The Bush administration defended the decision not to obey the statute. Erik Ablin, a Justice Department spokesman, said its legal view was consistent with what presidents of both parties had long maintained.

Mr. Ablin also said the administration had told Congress that the provision would be unconstitutional, but Congress passed the legislation - which enacted recommendations of the 9/11 Commission - without making the requested change. So the administration decided to sign the bill and fix what Mr. Ablin called its "defects" later.

In condoning illegal discrimination in hiring by religious charities receiving funds from American taxpayers, President Bush turned to his Office of Legal Counsel.

Continue reading »

I'm not sure how exactly to process this news... According to the AP, this is not so much courting possible Republicans switch voters but re-affirming his long standing position after being painted as being far left over the primaries:

Speaking with reporters, Obama disputed that he is altering views.

"I get tagged as being on the left and, when I simply describe what has been my position consistently, then suddenly people act surprised," he said. "But there hasn't been substantial shifts there."

While Obama would expand Bush's efforts to give religious charities more equal footing when getting federal funding, he also would tweak what he would call the President's Council for Faith-Based and Neighborhood Partnerships in ways that divert from Bush's approach.

As you recall, Bush's head of the Faith Based office, David Kuo, derided the office for being over-politicized. So what kinds of tweaking would Obama do? BeliefNet thinks that it's ultimately positive for Barack, after the media scandals of Rev. Wright, to show his commitment to his faith. Obama's campaign has sent out a fact sheet that does make the following promises:

Obama's initiative will be governed by a set of core principles for federal grant recipients. In order to receive federal funds to provide social services, faith-based organizations:

* Cannot use federal funds to proselytize or provide religious sectarian instruction.
* Cannot discriminate against nonmembers in providing services. They must remain open to all and cannot practice religious discrimination against the populations they serve.
* Must comply with federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964. Religious organizations that receive federal dollars cannot discriminate with respect to hiring for government-funded social service programs.
* Can only use taxpayer dollars on secular programs and initiatives.
* Must prove their efficacy and be judged based on program effectiveness. They will be expected to demonstrate proven program outcomes to continue to receive funding. Obama will fund programs that work and end funding for programs that do not - whether they are large or small, well-established or new, faith-based or otherwise.

In addition, Obama has been reaching out to evangelicals in other ways as well. Pastor Dan has more...

Cynics' Party: Obama panders to religious fanatics and promises a Jesus-crazy administration. He shouldn't promising to expand the corrupt and unconstitutional Office of Faith-Based Initiatives, he should be promising to investigate their rampant cronyism and close 'em down. Our friend Pastor Dan, takes a slightly different view.

mandroppings: The Department of Homeland Security has deployed 181 'terrorism liaison officers' in Colorado to keep a watchful eye out for anyone engaging in 'suspicious activity.'

TVNews Lies: Yankee Doodle Deadly

Democurmudgeon: Atom Smasher, Black Holes, Strangelets To Swallow The World?

The Satirical Political Report: Citing his Vietnam experience, Forrest Gump announces his candidacy for President.

Go read Addiction: Buying the Cure at Passages Malibu, by frequent Crooks and Liars contributor, Mark Groubert. It's terrific.

Newshoggers: Swiftboating John Kerry was just fine with Rethuglicans and our craven press, but don't ask 'em why getting shot down in an airplane qualifies McCain for the presidency. For that matter, don't mention it to the increasingly complicit Obama, either. Now might be a good time to thank General Clark for his "straight talk".

pandagon: Ignorance may be bliss but it's bad for democracy

The Pump Handle: DoD defies EPA on military site cleanups

Faithful Progressive: But...but... Condi said they weren't involved. Was she lying?

Progressive Blog Digest: All roundup, all the time. Nick Burbules is providing a public service.

HOLY CRAP: Tell congress to investigate cronyism in the Office of Faith-Based Initiatives...Bipartisan creationism in Louisiana...A pastor problem worse than Hagee...Christ Shot Down, missle shield a success...Obama says Dobson is 'making stuff up'...More religious disputes at the Service Academies...22 states are refusing Bush's abstinence-only sex-ed...Craig & Vitter take "New Stance" to affirm marriage...The E. Coli and the Creationist...The FundamentaList... Faith healer boasts of raising the dead, meeting saints, and even being told by God to heal a woman by kicking her in the face!

Kissing Suzy Kolber: Say, isn't this election just like a football game?

National Priorities Project: Local costs updated on the President's war budget request

Iraq & Afghanistan Veterans of America: Congress has a historic choice to make today. Lawmakers will go on record regarding whether they support our nation's newest generation of veterans.

TPM Muckraker: Nobody does 'compromise' quite like the Bush administration

HOLY CRAP: An atheist goes undercover to join the flock of Mad Pastor John Hagee...What do you expect from a town named after butter?...Is it Hillary's turn to 'denounce and reject' a problematic pastor?...For some reason, Evangelicals are worried about their image...ex-prez Bush hosts a cult leader at Texas A&M...Cast-off Churches for sale...Republicans aren't the only ones who use faith-based initiatives to win votes...Religious liberty is, at its heart, about equality - and we're not there yet.

The Blue State: Live blogging the Gonzales hearing...

The Osterley Times: If the reason for restricting our rights is to protect us, then surely governments would restrict our rights in the places most likely to reduce deaths amongst the population. Don't (just) mourn, do something!

News Hounds: Is Hannity chickening out on debating Rocky Anderson?

Brad DeLong: The sad, strange little man who the McCain campaign financing chief and Republican fixer, Fred Malek

The Daily Background: The 15 most embarrassing photos of G-Dub

HOLY CRAP: God and/or Bible is not an excuse...National Day of Prayer?  How about a National Day of Reason?...Uh oh, the Pope is against our Holy War...$1 billion spent on BUSHCO abstinence programs that don't work...James Madison on faith-based initiatives...Theocrat of the Week...What about The Beatitudes?...Uh oh, it's the Carnival of the Godless!...When religion is an addiction...Are their fundies are crazier than ours?...Atheists demonized...Anointing Oil, Blessed Salt, and other items to protect your home from Spiritual Darkness...Get these and much more in this handy canvas tote of Sacramentals!

Angry Bear: Reliable GOP shill, Joe diGenova for the defense...

Balkinization: John Yoo appears to confirm CIA waterboarding

Brilliant at Breakfast: The situation at Walter Reed is even worse than we thought.

Horses Mouth: A key moment in the history of blogging

Political Theory Daily Review: I feel duty bound to link to this excellent site every so often. It's about people, publications, weblogs, organizations, and scholarship
HOLY CRAP: Albert Mohler, president of the Southern Baptist Theological Seminary, believes that Christians should support pre-natal screening to "treat" gay fetuses in utero. Mohler sparked the controversy with a blog post called "Is Your Baby Gay?"...Another 'believer' confused about the 10 commandments...A Christianist explains to Bill Moyers the rationale for applying the death penalty to adulterers, homosexuals and incorrigible children...Wingnut columnist says Obama's church has a 'black supremacist' agenda...A contractor getting paid $3,500 a day to oversee faith-based initiatives for needy Ohio families spent some of the federal welfare money on downtown parking, big-screen televisions and a glowing report on the job it was doing...Vatican sanctions priest advocate to the poor...Fringe-dwelling blogger moved to tears by Apocalyptic nutjob's speech... A psychological study points to a correlation between scriptural volence and aggression...Are you Going To Hell?...More historical revisionism from the National Council On Bible Curriculum In the Public Schools...

NY Times (reg. req'd.) The question for the Supreme Court on Wednesday was a jurisdictional one: whether taxpayers who object to the way the White House Office of Faith-Based and Community Initiatives spends its money can get into federal court to make their case.

Whether the office or its programs actually run afoul of the Constitution was not before the justices.

But any notion that this jurisdictional question was the sort of arcane, technical issue that only a law professor could love was quickly dispelled by the intensity of the argument, one of the liveliest of the term.

The fast-paced hour ended with the clear impression that the Roberts court will soon put its own stamp on the law of taxpayer standing, with potentially significant implications for the relationship between government and religion.

The real question by the end of the argument was whether a majority would be content simply to scale back a Warren court precedent that allows taxpayers to challenge the use of public money for religious purposes or whether the court would disavow the precedent altogether and keep such suits out of federal court.

Sadly, I don't hold a lot of faith that the Supreme Court not making some narrow, esoteric decision that deprives citizens from challenging the White House's actions from the Office of Faith-based Initiatives.