2013 - %3, March

The US Has Officially Transferred Controversial Bagram Prison to the Afghan Government

| Mon Mar. 25, 2013 12:01 PM PDT
Parwan Detention Facility BagramAn aerial shot of the Parwan Detention Facility in 2009.

On Monday, the US military handed over the Parwan Detention Facility (a.k.a. the Bagram military prison) to the Afghan government. It was the last prison in Afghanistan still under American control. The transfer ceremony took place at the detention facility—renamed the Afghan National Detention Facility at Parwan—as US Secretary of State John Kerry made a surprise visit for talks with Afghan President Hamid Karzai. Gen. Joseph Dunford, the top American commander in Afghanistan, was in charge of transferring the facility at the ceremony.

Al Jazeera English reports:

Afghanistan has taken full control of Bagram military prison from the United States, as US-led forces wind down more than a decade of war.

The handover on Monday follows an agreement reached after a week of negotiations between US and Afghan officials, which includes assurances that inmates who "pose a danger" to Afghans and international forces will continue to be detained under Afghan law...The United States last year agreed to hand over responsibility for most of the...detainees at the prison to Afghanistan and held a transfer ceremony in September.

US soldiers remained at the prison, however, and controlled the area around it.

The detention center, located near the US-run Bagram military base north of Kabul, holds over 3,000 prisoners, the vast majority of whom were already under Afghan control. About three dozen non-Afghan detainees will stay under American control. Transfer of control has been one of messier issues of contention between Kabul and Washington as most US forces prepare for an exit in 2014. Though the facility never enjoyed the same kind of name recognition as Abu Ghraib or Guantanamo, it was at the center of major controversies and allegations of torture and human rights abuses. Here is some essential background on the detention center and the Bagram air base:

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Support for Drone Attacks on U.S. Citizens Way Down

| Mon Mar. 25, 2013 11:05 AM PDT

Dave Weigel points out this morning an interesting change in public opinion. A year ago, 65 percent of the public approved of drone strikes against American citizens overseas. Today, it's 41 percent.

Some of this might be due to a difference in question wording, but that can't account for all of it. It's too big a shift. The obvious conclusion is that public support has dwindled thanks to Rand Paul's filibuster and related questions over John Brennan's nomination to head the CIA.

If that's the case, then you'd expect support to have dropped much more dramatically among Republicans than Democrats. Unfortunately, no internals are available for last year's poll, so we can't tell. Maybe I should ask the Washington Post's polling director if they can make those numbers available. I'd be curious to see how this has really played out.

UPDATE: I misread the Post poll from a year ago. The net result is that 65 percent of the public approved of drone strikes on American citizens, not 79 percent. I've corrected the text. I'll post another update if I get hold of poll internals showing how opinion has shifted among Democrats and Republicans.

UPDATE 2: Peyton Craighill of the Post has kindly sent along the internals of last year's poll. Here's how the net approval for drone strikes against American citizens has changed:

                2012    Today    Net Change
Democrats       58%      41%        -17
Republicans     76%      50%        -26
Independents    65%      35%        -30

There's less of a difference here than I would have guessed. Republican support did indeed drop more than Democratic support, but not by a huge amount. And Independent support dropped by more than either.

At a guess, I'd say this suggests that maybe half the drop is based on a genuine reduction in support over the past year for drone strikes on U.S. citizens, while the other half is a semi-partisan reaction to Rand Paul. But that's just a wild guess.

Some Miscellaneous Monday Morning Poll Results

| Mon Mar. 25, 2013 10:19 AM PDT

Democracy Corps has some new polling figures out, and for the most part they don't really tell us anything very new. But polls are always fun, and a few of their results are either informative or entertaining or both. This one, for example, reinforces a point I made the other day: for all our talk about how Republicans are doomed because their base has driven them straight into Crazytown, the numbers just don't show it—at least, not yet. Democrats and Republicans are just as partisan as ever, and independents remain evenly split:

This next one surprised me: 60 percent of the country claims to be personally worried about the effect of the sequester cuts. I wish there were more detail about this. I'd like to know more about exactly what it is that most people are worried about.

And finally, Democracy Corps pollsters asked people to name their two most important political concerns. Answer: (a) protect entitlements, and (b) cut the deficit. Welcome to America.

Disability as the Last Refuge of the Unemployable

| Mon Mar. 25, 2013 9:44 AM PDT

Chana Joffe-Walt has a longish, data and anecdote-driven piece on Planet Money about the steady rise of disability payments over the past couple of decades. To a large extent, she says, the federal disability program has become a de facto parking place for lots of people who lose their jobs and simply have no chance of getting another one. Here she is talking to a doctor in a rural county in Alabama:

"We talk about the pain and what it’s like," he says. "I always ask them, 'What grade did you finish?'"

What grade did you finish, of course, is not really a medical question. But Dr. Timberlake believes he needs this information in disability cases because people who have only a high school education aren't going to be able to get a sit-down job.

Dr. Timberlake is making a judgment call that if you have a particular back problem and a college degree, you're not disabled. Without the degree, you are.

And here she is talking to a guy who lost his job in a mill closure:

After I got interested in disability, I followed up with some of the guys to see what happened to them after the mill closed....Scott [Birdsall] tried school for a while, but hated it. So he took the advice of the rogue staffer who told him to suck all the benefits he could out of the system. He had a heart attack after the mill closed and figured, "Since I've had a bypass, maybe I can get on disability, and then I won't have worry to about this stuff anymore." It worked; Scott is now on disability.

Scott's dad had a heart attack and went back to work in the mill. If there'd been a mill for Scott to go back to work in, he says, he'd have done that too. But there wasn't a mill, so he went on disability. It wasn't just Scott. I talked to a bunch of mill guys who took this path — one who shattered the bones in his ankle and leg, one with diabetes, another with a heart attack. When the mill shut down, they all went on disability.

...."That's a kind of ugly secret of the American labor market," David Autor, an economist at MIT, told me. "Part of the reason our unemployment rates have been low, until recently, is that a lot of people who would have trouble finding jobs are on a different program."

....People who leave the workforce and go on disability qualify for Medicare, the government health care program that also covers the elderly. They also get disability payments from the government of about $13,000 a year. This isn't great. But if your alternative is a minimum wage job that will pay you at most $15,000 a year, and probably does not include health insurance, disability may be a better option.

I have a pretty bearish take on all this. Basically, I suspect it's inevitable. There are a growing number of workers who are all but unemployable, and we can either throw them on the streets or else we can provide them with a small government benefit. Most of us, even the ones who talk the toughest, aren't willing to toss people out on the streets, so by hook or by crook, disability has become our way of providing the unemployable with a small pension. It's obviously a million miles from perfect, but it's better than nothing. And no one has a serious incentive to fix it, because fixing it would mean facing up directly to the problem. That's something that we're pretty universally afraid to do.

Senate Agrees "Too Big To Jail" Should Die

| Mon Mar. 25, 2013 9:26 AM PDT

In a largely symbolic vote early Saturday morning, the Senate agreed that badly behaving financial institutions should not be "too big to jail," or so large that the government is afraid to prosecute them for fear of damaging the economy.

After 1,448 days without a budget, the Senate finally passed one Saturday morning. The process entailed a 13-hour voting session, called a vote-a-rama, in which lawmakers filed over 500 amendments, and voted on 70. Amendment 696 was Sen. Jeff Merkley's (D-Ore.), which would officially warn the Department of Justice that "too big to jail" is unacceptable and recommend prosecution when a crime is committed. Most of the amendments are more political posturing than anything else, because it's pretty unlikely the Senate's budget will be merged with the radically different House budget. Still, some of the add-ons, like Merkley's, are important because they point toward legislation that might not be far off.

In recent years, major US financial institutions have gotten away with book-cooking, fraud, terrorist financing, and money laundering, often without much more than a wrist-slapping. Last year, for example, the Justice Department declined to prosecute HSBC for years-long violations of money-laundering laws, slapping it with a fine instead. Earlier this month, Attorney General Eric Holder, in testimony before the Senate Judiciary Committee, admitted that the size of banks causes this kind of impunity:

I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large.

At a hearing on bank money laundering earlier this month, a treasury official told senators that federal prosecutors had consulted with Treasury over the potential economic consequences of prosecuting HSBC. Sen. Elizabeth Warren (D-Mass.) was not happy. "If you're caught with an ounce of cocaine, you're going to go to jail," she said. "But if you launder nearly a billion dollars for international cartels and violate sanctions you pay a fine and you go home and sleep in your own bed a night."

Merkley's amendment would create a reserve fund to facilitate the criminal prosecution of financial institutions that break the law, no matter how big they are. Although the amendment will most likely not become law, it does indicate that lawmakers are fed up.

"Under our American system of justice—where Lady Justice is blindfolded—there should never be a prosecution-free zone," Merkley posted on his website after the vote. "But that is what our Department of Justice created...Too big to jail is wrong under our Constitution that promises equality under the law and we must end it."

Marriage Equality May Be the Biggest Winner of the 2012 Election

| Mon Mar. 25, 2013 8:44 AM PDT

As you probably already know, Sen. Claire McCaskill is the latest politician to evolve on the topic of same-sex marriage:

My views on this subject have changed over time, but as many of my gay and lesbian friends, colleagues and staff embrace long term committed relationships, I find myself unable to look them in the eye without honestly confronting this uncomfortable inequality. Supporting marriage equality for gay and lesbian couples is simply the right thing to do for our country, a country founded on the principals of liberty and equality.

This is good news: if a Missouri politician can do this, anyone can do it. On the other hand, it's worth noting that McCaskill waited to make this announcement until she had 68 months to go before her next election. Apparently McCaskill trusts the goodwill of Missouri's voters only just so far.

Still, it's good news. Put this together with Rob Portman's change of heart and Karl Rove's declaration that he could foresee a Republican presidential candidate supporting gay marriage by 2016, and it's pretty obvious that this train is on a downhill run. And it's a funny thing: this might be the single biggest effect of the Republican loss in 2012. They've made it clear that their "soul searching" won't lead to any serious changes in party policy, but they've also made it clear that they want to change something as a symbolic bone to throw to all those demographic groups who hate them. Gay marriage may be the perfect sacrificial lamb. After all, the party's leaders know that the fight against marriage equality is now hopeless; they know it's killing them with young voters; and let's be honest: a great many of them have never truly cared about this. They talk the talk as a sop to the Christian Right, not because of any deep-rooted beliefs of their own.

This all would have happened eventually anyway. But it's the lucky beneficiary of the Republican Party's need for something to represent their "reinvention" after 2012, and that will speed things up. Who would have guessed?

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Poll: Most Americans Oppose Drone Strikes on Americans

| Mon Mar. 25, 2013 7:17 AM PDT

A new survey from Gallup shows Americans oppose the use of drone strikes to kill suspected terrorists who are Americans whether those Americans are on American soil or abroad. But Americans still overwhelmingly back strikes against suspected terrorists abroad who are not American. 

Here are the results, which suggest the public debate over targeted killing is affecting perceptions of the policy:

 

 

 

 

 

 

 

 

The most surprising result may be that 25 percent of those surveyed are okay with using drone strikes to target non-citizen terror suspects in the US. Maybe they just really don't like their neighbors?

Nevertheless, the premise of Gallup's question remains flawed. Although most of the debate over targeted killing has focused on drones, the survey is of limited usefulness because it focuses on the method of killing rather than the authority to kill. As far as Americans are concerned, the question is really whether and under what circumstances the government has the authority to use lethal force and what the limits are on that authority. 

Although the use of drone airstrikes in the United States remains a far-fetched hypothetical, the use of targeted killing abroad is not. Between 3000 and 5000 people have been killed in US drone strikes abroad, including many civilians. Based on what we know publicly, only four Americans have ever been killed in drone strikes. Yet the kind of strikes the US is overwhelmingly engaged in are so popular that the number of people who oppose them is similar to the number who think the government should be firing missiles at terror suspects inside the United States. 

Correction: This post originally stated that three Americans have been killed in drone strikes. The correct number is four.

We're Still at War: Photo of the Day for March 25, 2013

Mon Mar. 25, 2013 6:31 AM PDT

U.S. Army 1st Lt. Audrey Griffith, points out an area of interest during a force protection drill to Spc. Heidi Gerke along the perimeter of Forward Operating Base Hadrian in Deh Rawud, Afghanistan, March 18, 2013. Photo by Australian Army WO2 Andrew Hetherington.

The Revival of Thao Nguyen

| Mon Mar. 25, 2013 3:00 AM PDT
Thao Nguyen at Noise Pop 2013.Thao Nguyen at Noise Pop 2013.

It was 2008, and amid the wreckage of the financial meltdown, indie folk was having a moment. Bon Iver's "authentic" melancholy dominated a generation of breakup playlists. Fleet Foxes' swelling, choir-boy harmonies packed the pews. And a little-known songwriter named Thao Nguyen was picking up Cat Power comparisons with her album We Brave Bee Stings and All

Reviewers praised Thao as quirky (she learned how to play guitar in her mother's laundromat) and perky (the record was stuffed with beat-boxing and handclaps), if not raw—at times her voice swung stubbornly off-key, which lent her an air of rough-hewn realness. The lyrics, too, cut deft and deep: Thao would sing in one moment about dewy childhood nostalgia, and in another dive into a dark corporeality of blood, bones, and heart attacks. She was 23 years old.

Louisiana Judge Rules That Violent Felons Have Gun Rights Too

| Mon Mar. 25, 2013 3:00 AM PDT
Shutterstock

A New Orleans judge ruled last Thursday that a law forbidding felons from owning firearms infringes their rights to keep and bear arms as guaranteed by the state's newly amended constitution.

Although Louisiana already had extremely permissive gun laws (and the second highest gun-murder rate in the country), last November voters overwhelmingly passed an initiative backed by the National Rifle Association that made gun ownership a fundamental right with the same levels of protection as the freedoms of religion and speech.

The amendment requires judges to review gun-control legislation using "strict scrutiny," the most stringent standard of judicial review. In his decision, Judge Darryl Derbigny wrote that statute RS 14:95.1, which bars firearm ownership for people convicted of violent crimes, such as murder, assault, rape and battery, and certain misdemeanors, is "unconstitutional in its entirety."