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Carl Levin Wants to Preserve Indefinite Detention of US Citizens As an Option

| Wed May. 16, 2012 12:51 PM PDT
Senate Armed Services Committee Chairman Carl Levin at the Center for American Progress.

Adam Serwer is filling in while Kevin is on vacation.

Reps. Adam Smith (D-Wash.) and Justin Amash's (R-Mich.) attempt to prevent suspected terrorists captured on US soil from being shunted into indefinite military detention is running into opposition from Senate hawks, including Armed Services Committee Chairman Carl Levin (D-Mich.):

"They don't have to exercise it, but I'm not so sure that they want the authority removed to arrest or to capture, because we're talking about war here — somebody who’s declared war against the United States, just because we capture them on U.S. soil," Levin said.

"We can hold them on U.S. soil, but I don't think we want to eliminate the authority of the Executive Branch to hold someone who’s declared war on the United States as an enemy combatant," he said.

Left unexplained is why mandatory military detention is needed at all. Umar Abdulmutallab, who inspired the mandatory military custody provision after he set himself on fire trying to blow up a plane, would not have been granted bail in a federal court. If the evidence is that strong that someone is a terrorist, there's no need to put them in military custody. Levin fails to offer even a single argument for why military custody would be preferable to civilian custody. Instead, his argument is a moral one: We're at war with these people, so we'll treat them like warriors.

In Levin's preferred world, the part of the process where the government proves that suspected terrorists are who the government says they are is no longer a necessary prerequisite to locking them up for the rest of their lives. But this isn't the Civil War, and Union and Confederate soldiers aren't lining up in uniform to fire rifles and cannons across corpse littered battlefields. The reason why due process is so crucial is that identifying who actually is a terrorist isn't a simple matter—but it's also not as though the process is taking place amidst the chaos of an active theater of military combat.

The new defense bill is scheduled for a vote in the House on Thursday, but even if Smith and Amash get their proposal through the lower chamber, there's a bipartisan group of Senators who want to protect the president's authority to imprison American citizens without proving they're guilty of anything at all. Barack Obama, for his part, hasn't weighed in on either side—but given that the president has promised never to attempt to use this power, it's a mystery why he wouldn't vocally oppose it.  If Obama and his advisers believe this kind of indefinite detention is an anathema to due process, why not support a bipartisan effort to ensure that Americans' constitutional rights aren't dependent on the whim of whichever president is in office?

At least the battle lines here are clearly drawn in a way they weren't over last year's defense bill. One group of legislators thinks Americans can be deprived of their liberty in their own home country without a trial. The other thinks the government has to actually prove you're guilty of something first.

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George R.R. Martin Trolls His Trolls

| Wed May. 16, 2012 12:46 PM PDT
george rr martin books

Game of Thrones author George R.R. Martin started his A Song of Ice And Fire series in 1996, and it isn't anywhere close to finished. Some fans are so obsessed with the series, however, that they've taken to constantly berating him for working on other projects instead. Some fans openly worry Martin, like fellow fantasy author Robert Jordan, will die before finishing his flagship series. In a recent blog post, Martin mocks his trolls:

Reading. I just finished THE KING'S BLOOD, the second volume of Daniel Abraham's "Dagger and Coin" series. Books like this remind me why I love epic fantasy. Yes, I'm prejudiced, Daniel is a friend and sometime collaborator... but damn, that was a good book. Great world, great characters, thoroughly engrossing story. The only problem was, it ended too soon. I want more. I want to know what happens to Cithrin, and Marcus, and Geder, and Clara. And I want to know NOW. God damn you, Daniel Abraham. I know for a fact that you are writing more Expanse books with Ty, and more urban fantasies as M.L.N. Hanover, and doing short stories for some hack anthologist, and scripting some goddamn COMIC BOOK, and even sleeping with your wife and playing with your daughter. STOP ALL THAT AT ONCE, and get to writing on the next Dagger and Coin. I refuse to wait.

Well played. Also, I like the series too, but give the guy a break. Tide yourself over with the HBO series in the meantime.

Men Find Vegetables Unmanly

| Wed May. 16, 2012 12:43 PM PDT

My mom likes to tell a story about how, after coming over for dinner to our vegetarian household, a woman from the neighborhood earnestly asked her how she had managed to persuade my dad to eat vegetables. Apparently this woman had the worst time interesting her husband in salad. Okay. So, just for fun, let's leave aside the troubling question of why exactly this lady's marriage involved this weird infantilization and turn to the much more hilarious matter: Seriously, why didn't this dude like veggies?

According to a new study published in the Journal of Consumer Research, it's probably because men don't consider them manly. For reals:

In a number of experiments that looked at metaphors and certain foods, like meat and milk, the authors found that people rated meat as more masculine than vegetables. They also found that meat generated more masculine words when people discussed it, and that people viewed male meat eaters as being more masculine than non-meat eaters.

Another rad finding was that in most languages that have genders, meat is masculine.

As a solution, the study's authors suggest that "reshaping soy burgers to make them resemble beef or giving them grill marks might help cautious men make the transition." See, ladies with veggie-hating husbands? It's that easy.

Lack of DC Statehood Makes DC Government Worse

| Wed May. 16, 2012 12:22 PM PDT

Adam Serwer is filling in while Kevin is on vacation.

Harry Thomas Jr., the former Ward 5 City Councilman who relinquished his seat in disgrace after being indicted for corruption, came under public scrutiny in part because of the efforts of relatively liberal Republican Tim Day. But in a city like DC, where the GOP brand is just utterly toxic, even a black, gay, liberal Republican who helps oust corrupt Democrats like Thomas didn't stand much of a chance against the other contenders for Thomas' seat in Tuesday's special election:

With all 18 precincts reporting at 9:30 p.m., [Kenyan] McDuffie took 44.50 percent of the vote. Second-place finisher Delano Hunter only mustered 20 percent, while Frank Wilds took 14.8 percent. Republican contender Tim Day, the man responsible for the investigation that eventually brought down Thomas, only managed 5.3 percent of the vote.

McDuffie wasn't a bad candidate by any means, but Day's poor showing speaks to an ongoing structural problem caused by the city's lack of congressional representation. DC's local shenanigans occasionally prompt critics to argue that the city doesn't deserve representation in Congress, despite having a larger population than Wyoming, which has two Senators and a congressional representative. This gets things exactly backwards: The lack of congressional representation places a ceiling on political ambitions that reduces the incentive for local politicians to behave. DC's best politicians don't have a governorship, House or Senate seat to look forward to. It's a political cul-de-sac. As Jonathan Bernstein pointed out Tuesday night, DC's lack of representation also means Republicans have little reason to invest in a stronger local party whose partisanship might also serve as a check on local corruption. There's also the weirdness of having national parties contest local elections, which makes little sense in the context of local DC politics and burdens candidates like Day who don't have much in common with, say, Senator Jim DeMint (R-S.C.).

Retrocession into Maryland would solve some of these problems, but as a DC partisan I favor the city's right to exist as an independent entity. Unfortunately, given that DC statehood would mean two new Democratic Senators, the constitutional changes necessary for statehood aren't ever likely to happen, despite the fact that the United States was founded to combat the injustice of taxation without representation.

Scott Walker Pulls Ahead in New Recall Poll

| Wed May. 16, 2012 12:09 PM PDT
Scott Walker protester

Wisconsin Gov. Scott Walker has stretched his recall election lead over Democrat Tom Barrett to six percentage points, according to a new poll by Marquette University's Law School. Walker leads 50 percent to 44 percent among likely voters, an increase of five points from Marquette's last poll nearly a month ago.

The poll, Marquette's first since the May 8 Democratic primary, finds voter enthusiasm for the recall highest among Republicans, even though it was progressives and Democrats who triggered the recall election. An overwhelming majority—91 percent—of GOPers surveyed said they're "absolutely certain" to vote in the June 5 election; 8 in 10 Democrats and independents said the same. In addition, 6 in 10 GOP respondents said they'd tried to convince another person to vote in the recall, while just over 5 in 10 Democrats said the same. Democrats, however, are more likely to have been contacted by a campaign than Republicans.

Charles Franklin, Marquette Law School's poll director, said in a statement that a key takeaway is that Republicans hold the crucial edge in voter enthusiasm with the June 5 election weeks away. "In a close election with so few undecided voters," he said, "enthusiasm, turnout, and campaign contact with voters may make the difference."

The poll also found that Barack Obama and Mitt Romney were deadlocked in Wisconsin, 46-46. Last month, Obama held a four point lead over Romney, 49-45.

The Marquette poll surveyed 704 registered voters in Wisconsin. The margin of error for the survey was about 4 percent.

Virginia GOP Tries To Explain Why Vote Against Gay Judge Wasn't Bigotry

| Wed May. 16, 2012 12:06 PM PDT
rainbow soldiers

Adam Serwer is filling in while Kevin is on vacation.

Richmond prosecutor Tracy Thorne-Begland, a former Navy fighter pilot, had his nomination to a state judgeship in Virginia rejected early Tuesday morning. Democrats say it's because he's gay; Republicans say it's complicated:

"He holds himself out as being married," said Del. Robert G. Marshall (R-Prince William), who is running for U.S. Senate. Noting that gay marriage is not legal in Virginia, he said that Thorne-Begland's "life is a contradiction to the requirement of submission to the constitution."

[...]

Marshall, the Family Foundation of Virginia and others who raised concerns about Thorne-Begland's nomination said they did not object to him because he is gay, but because of his outspokenness on the subject of gay rights.

Thorne-Begland also supported the repeal of the military's discriminatory Don't Ask Don't Tell policy. So it's not, strictly speaking, correct to say Thorne-Begland was rejected because he was gay. He was rejected because he believes being gay entitles him to the same rights as people who aren't. If Thorne-Begland had lived a life of closeted celibacy and talked like Tony Perkins, Marshall would have thought he was qualified to serve as a judge. This is coming from a guy who tried to install a state-level DADT policy for the Virginia National Guard because "If I needed a blood transfusion and the guy next to me had committed sodomy 14 times in the last month, I'd be worried." 

Virginia Republicans didn't reject Thorne-Begland because he's gay, but because he supports gay rights. The closet magically eliminates sexually transmitted diseases, which are never contracted by heterosexuals. Some voters in Virginia apparently find this kind of logic compelling enough to keep Marshall in office.

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The Obama Administration Wants To Keep its Gitmo at Sea to Itself

| Wed May. 16, 2012 9:16 AM PDT
The USS Carl Vinson arrives at Pearl Harbor.

Adam Serwer is filling in while Kevin is on vacation.

Last year the Obama administration secretly imprisoned Ahmed Abdulkadir Warsame, an alleged member of the Somali militant group Al Shabab, on an aircraft carrier and interrogated him for two months before bringing him to the US and indicting him. No one was very happy about that decision. It made Republicans in Congress mad because they want Obama to add more prisoners to Gitmo and keep Muslims accused of terrorism out of civilian courts, and it frustrated civil libertarians and human rights groups who argued the administration had detained Warsame illegally.

Republicans, worried that Obama might prosecute more suspected terrorists in civilian court, crafted the latest defense authorization bill to ensure they're notified within five days the next time someone is detained on a Navy ship for months. The administration has threatened to veto the defense bill over that provision, saying it would "unnecessarily complicate and potentially compromise military operations and detention practices."

This is basically where civil liberties are in the Obama era: legislators are only interested in forcing detention policy to the right, and occasionally the Obama administration's desire to avoid restrictions on executive power results in more favorable (but far from ideal) outcomes for people accused of terrorism. Obama's veto threats are notoriously insincere, and preventing the administration from using the "Gitmo at Sea" option seems likely to result in more legally questionable proxy detentions of American citizens by foreign security forces with reputations for abusing those they detain

It's not much of a choice, and it probably won't get any better if the White House changes hands in November. Republicans will lose their newfound interest in keeping an eye on whatever the executive branch is doing, and the Democrats will have largely squandered whatever credibility they have to oversee a Republican president by acquiescing to the Obama administration's continuity with much of the Bush platform on national security. 


Rep. Joe Pitts Thinks Arafat and Sharon Need To Get to Work

| Wed May. 16, 2012 8:54 AM PDT

Adam Serwer is filling in while Kevin is on vacation.

Rep. Joe Pitts (R-Penn.) seems like he hasn't checked in on the Israeli-Palestinian peace process in a while:

"With the global war against terrorism, it is now incumbent on Prime Minister Ariel Sharon and Palestinian Authority (PA) Chairman Yasir Arafat to clamp down on Palestinian extremists that have perpetuated violence and to restart a peace process that has collapsed," wrote Pitts in a recent, rather outdated response letter to a constituent.

Arafat has been dead for eight years and Sharon has been in a coma for six. Sadly, "dead" and "comatose" are two adjectives people might use to describe the peace process itself.

Hot Scoop: "Obama Didn't Write His Own Love Letters"

| Wed May. 16, 2012 8:53 AM PDT

On the vast list of right-wing conspiracy theories about President Obama—he's Malcolm X's illegitimate son; he was photoshopped into the iconic Situation Room photo; his memoir was ghost-written by Bill Ayers; he's people!—this new bit of muckraking from conspiracy cauldron WorldNetDaily deserves a place of honor on the mantle.

According to Jack Cashill, "an Emmy-award winning independent writer and producer with a Ph.D. in American Studies from Purdue," President Obama didn't simply have Bill Ayers ghost-write his memoir—he had someone ghost-write love letters to his college girlfriend too:

In a recent Vanity Fair excerpt, [David] Maraniss reprints two extended excerpts from one of those letters. I believe that these letters were volunteered to Maraniss to impress the kind of people who read the New York Times.

If so, the Times took the bait. Reporter Adam Hirsch gushes over the young Obama's "literary sensibility" and his "ironic, literary mind." Although regretting that Obama’s “authenticity” has not made him a transformative figure, Hirsch remains "certain" that Obama “has it in him to produce the best post-presidential memoir ever – if he is willing to let that unguarded early voice speak again."

What Hirsch refuses to question is whether that "unguarded early voice" is Obama's own.

Among other things, Cashill wonders why Maraniss hasn't produced original copies of the love letters: "In 1982-1983, when the Vanity Fair letters were written, college students did not use word processors. If they typed, they did so on a typewriter. The odds are that this letter, if an original, was not typed." And why, he asks, were Obama's letters so erudite and coherent when his other writing reveal him to be a bumbling nincompoop?

Nowhere in "Dreams" is there any mention of T.S. Eliot, Münzer or Yeats, or any of the themes in this letter that so excited Adam Hirsch. As Obama tells it, he and his pals "discussed neocolonialism, Franz Fanon, Eurocentrism, and patriarchy." This I can believe.

Totally missing from "Dreams," too, are the more exotic words in the letter to McNear: ecstatic, mechanistic, asexual, stoical, moribund, reactionary, fertility, dichotomy, irreconcilable, ambivalence, plus "hazard" and "counter" used as verbs, as in "I will hazard these statements" and "Counter him with Yeats and Pound."

Cashill's argument is, of course, foolproof. One small quibble, though: If Dreams from my Father was—as WorldNetDaily has already established—ghost-written, we can hardly use that as an example of Obama's sub-par writing standards. The plot thickens.

Report: MEK to Be Taken off US Terror List

| Wed May. 16, 2012 8:39 AM PDT
MEK supporters rally in front of the US State Department on August 26, 2011.

Months of lobbying by prominent Democrats and Republicans and an assist from a high-powered lobbying firm that specializes in sanitizing the records of dictators seem to have paid off for Mujahideen-e-Khalq. The Obama administration is preparing to remove the Iranian exile group from the State Department's official list of terrorist organizations, the Wall Street Journal reported Tuesday:

The Obama administration is moving to remove an Iranian opposition group from the State Department's terrorism list, say officials briefed on the talks, in an action that could further poison Washington's relations with Tehran at a time of renewed diplomatic efforts to curtail Iran's nuclear program.

The exile organization, the Mujahedin-e Khalq, or MeK, was originally named as a terrorist entity 15 years ago for its alleged role in assassinating U.S. citizens in the years before the 1979 Islamic revolution in Iran and for allying with Iraqi strongman Saddam Hussein against Tehran.

De-listing MEK comes at an opportune time for several high-profile public officials. A number of former officials who allegedly recieved money in exchange for advocating for MEK are reportedly the targets of a federal inquiry into whether they violated US anti-terrorism laws, which forbid even non-violent advocacy on behalf of listed terrorist groups. MEK has American blood on its hands, but today the group is reportedly a huge help to Israel in assassinating Iranian nuclear scientists—perhaps part of the reason it is being delisted. Memo to terror groups: If you want to get off the US terrorism list, make sure you kill the "right" civilians and offer generous speaking fees. 

This whole affair hints at a double standard in enforcement: High profile politicians can advocate for listed terror groups without fear, but someone like Tarek Mehanna, the Bostonian who was convicted of material support for terrorism in part for posting Al Qaeda propaganda on the Internet, can look forward to long prison terms.