Sanely free of McCarthyite calling anyone a "traitor" since 2001!
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I'm underemployed (historically particularly as an editor in book and magazine publishing), recurringly housebound with insanely painful now-sporadic (when I have meds) gout, an enlarged heart, and other health problems, particularly including lifelong recurring severe clinical depression. See here for a major crisis. I'm also sometimes available to some degree as a paid writer or researcher. This is a previous update on my situation & this -- and this from December 19th, 2005 update.
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"The brain is wider than the sky, For, put them side by side,
The one the other will include With ease, and you beside"
-- Emily Dickinson
"We will pursue peace as if there is no terrorism and fight terrorism as if there is no peace."
-- Yitzhak Rabin
"I have thought it my duty to exhibit things as they are, not as they ought to be."
-- Alexander Hamilton
"The stakes are too high for government to be a spectator sport."
-- Barbara Jordan
"Under democracy, one party always devotes its chief energies to
trying to prove that the other party is unfit to rule --
and both commonly succeed, and are right."
-- H. L. Mencken
"Necessity is the plea for every infringement of human freedom.
It is the argument of tyrants; it is the creed of slaves."
-- William Pitt
"The only completely consistent people are the dead."
-- Aldous Huxley
"I have had my solutions for a long time; but I do not yet know how I am to arrive at them."
-- Karl F. Gauss
"Whatever evils either reason or declamation have imputed to extensive empire,
the power of Rome was attended with some beneficial consequences to mankind;
and the same freedom of intercourse which extended the vices, diffused likewise
the improvements of social life."
-- Edward Gibbon
"Augustus was sensible that mankind is governed by names; nor was he deceived in his
expectation, that the senate and people would submit to slavery, provided they were
respectfully assured that they still enjoyed their ancient freedom."
-- Edward Gibbon
"There exists in human nature a strong propensity to depreciate the advantages, and to magnify
the evils, of the present times."
-- Edward Gibbon
"Our youth now loves luxuries. They have bad manners, contempt for authority.
They show disrespect for elders and they
love to chatter instead of exercise.
Children are now tyrants, not the servants, of their households. They
no longer rise when elders enter the room. They contradict their parents,
chatter before company, gobble up their food, and tyrannize
their teachers."
-- Socrates
"Before impugning an opponent's motives, even when they legitimately may be impugned, answer his arguments."
-- Sidney Hook
"Idealism, alas, does not protect one from ignorance, dogmatism, and foolishness."
-- Sidney Hook
"Let me never fall into the vulgar mistake of dreaming that I am persecuted whenever I am contradicted."
-- Ralph Waldo Emerson
"We take, and must continue to take, morally hazardous actions to preserve our civilization.
We must exercise our power. But we ought neither to believe that a nation is capable of perfect
disinterestedness in its exercise, nor become complacent about particular degrees of interest
and passion which corrupt the justice by which the exercise of power is legitimized."
-- Reinhold Niebuhr
"Faced with the choice of all the land without a Jewish state or a Jewish state without all the
land, we chose a Jewish state without all the land."
-- David Ben-Gurion
"...the proscribing any citizen as unworthy the public confidence by laying upon him
an incapacity of being called to offices of trust and emolument, unless he profess or renounce this
or that religious opinion, is depriving him injuriously of those privileges and advantages
to which, in common with his fellow citizens, he has a natural right; that it tends also
to corrupt the principles of that very religion it is meant to encourage, by bribing,
with a monopoly of worldly honours and emoluments, those who will externally profess
and conform to it; that though indeed these are criminals who do not withstand such
temptation, yet neither are those innocent who lay the bait in their way; that the
opinions of men are not the object of civil government, nor under its jurisdiction;
that to suffer the civil magistrate to intrude his powers into the field of opinion
and to restrain the profession or propagation of principles on supposition of their
ill tendency is a dangerous fallacy, which at once destroys all religious liberty,
because he being of course judge of that tendency will make his opinions the rule of
judgment, and approve or condemn the sentiments of others only as they shall square
with or differ from his own; that it is time enough for the rightful purposes of civil
government for its officers to interfere when principles break out into overt acts
against peace and good order; and finally, that truth is great and will prevail if
left to herself; that she is the proper and sufficient antagonist to error, and has
nothing to fear from the conflict unless by human interposition disarmed of her
natural weapons, free argument and debate; errors ceasing to be dangerous when it is
permitted freely to contradict them.
-- Virginia Statute for Religious Freedom, Thomas Jefferson
"We don't live just by ideas. Ideas are part of the mixture of customs and practices,
intuitions and instincts that make human life a conscious activity susceptible to
improvement or debasement. A radical idea may be healthy as a provocation;
a temperate idea may be stultifying. It depends on the circumstances. One of the most
tiresome arguments against ideas is that their "tendency" is to some dire condition --
to totalitarianism, or to moral relativism, or to a war of all against all."
-- Louis Menand
"The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis."
-- Dante Alighieri
"He too serves a certain purpose who only stands and cheers."
-- Henry B. Adams
"The law, in its majestic equality, forbids the rich as well as the
poor to beg in the streets, steal bread, or sleep under a bridge."
-- Anatole France
"When bad men combine, the good must associate; else they will fall one by one, an unpitied sacrifice in a contemptible struggle."
-- Edmund Burke
"Education does not mean that we have become certified experts in business or mining or botany or journalism or epistemology;
it means that through the absorption of the moral, intellectual, and esthetic inheritance of the race we have come to
understand and control ourselves as well as the external world; that we have chosen the best as our associates both in spirit
and the flesh; that we have learned to add courtesy to culture, wisdom to knowledge, and forgiveness to understanding."
-- Will Durant
"Glimpses do ye seem to see of that mortally intolerable truth; that all deep, earnest thinking is
but the intrepid effort of the soul to keep the open independence of her sea; while the wildest
winds of heaven and earth conspire to cast her on the treacherous, slavish shore?"
-- Herman Melville
"The most important political office is that of the private citizen."
-- Louis D. Brandeis
"If we desire respect for the law, we must first make the law respectable."
-- Louis D. Brandeis
"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both."
-- Louis D. Brandeis
"It is an error to suppose that books have no influence; it is a slow influence, like flowing water carving out a canyon,
but it tells more and more with every year; and no one can pass an hour a day in the society of sages and heroes without
being lifted up a notch or two by the company he has kept."
-- Will Durant
"When you write, you’re trying to transpose what you’re thinking into something that is less like an annoying drone and more like a piece of music."
-- Louis Menand
"Sex is a continuum."
-- Gore Vidal
"I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should
make no law respecting an establishment of religion, or prohibit the free exercise thereof, thus building a wall of separation between church and state."
-- Thomas Jefferson, letter to the Baptists of Danbury, Connecticut, 1802.
"The sum of our religion is peace and unanimity, but these can scarcely stand unless we define as little as possible,
and in many things leave one free to follow his own judgment, because there is great obscurity in many matters, and
man suffers from this almost congenital disease that he will not give in when once a controversy is started, and
after he is heated he regards as absolutely true that which he began to sponsor quite casually...."
-- Desiderius Erasmus
"Are we to have a censor whose imprimatur shall say what books may be sold, and what we may buy? And who is thus to dogmatize religious opinions for our citizens? Whose foot is to be the measure to which ours are all to be cut or stretched? Is a priest to be our inquisitor, or shall a layman, simple as ourselves, set up his reason as the rule of what we are to read, and what we must disbelieve?"
-- Thomas Jefferson, in a letter to N. G. Dufief, Philadelphia bookseller, 1814
"We are told that it is only people's objective actions that matter, and their subjective feelings are of no importance. Thus pacifists, by obstructing the war effort,
are 'objectively' aiding the Nazis; and therefore the fact that they may be personally hostile to Fascism is irrelevant. I have been guilty of saying this myself more than once. The same argument is applied to Trotskyism. Trotskyists are often credited, at any rate by Communists, with being active and conscious agents of Hitler; but when you point out the many and obvious reasons why this is unlikely to be true,
the 'objectively' line of talk is brought forward again. To criticize the Soviet Union helps Hitler: therefore 'Trotskyism is Fascism'. And when this has been established, the accusation of conscious treachery is usually repeated.
This is not only dishonest; it also carries a severe penalty with it. If you disregard people's motives, it becomes much harder to foresee their actions."
-- George Orwell, "As I Please," Tribune, 8 December 1944
"Wouldn't this be a great world if insecurity and desperation made us more attractive? If 'needy' were a turn-on?"
-- "Aaron Altman," Broadcast News
"The great thing about human language is that it prevents us from sticking to the matter at hand."
-- Lewis Thomas
"To be ignorant of what happened before you were born is to be ever a child. For what is man's lifetime unless the memory of past events is woven with those of earlier times?"
-- Cicero
"Knowledge is of two kinds. We know a subject ourselves, or we know where we can find information upon it."
-- Samuel Johnson, Life Of Johnson
"Very well, what did my critics say in attacking my character? I must read out their affidavit, so to speak, as though they were my legal accusers: Socrates is guilty of criminal meddling, in that he inquires into things below the earth and in the sky, and makes the weaker argument defeat the stronger, and teaches others to follow his example."
-- Socrates, via Plato, The Republic
"Reputation is what other people know about you. Honor is what you know about yourself."
-- Lois McMaster Bujold, A Civil Campaign
"Remember, Robin: evil is a pretty bad thing."
-- Batman
"Being evil is not a full-time job."
-- James Lileks
Gary Farber is now a licensed Double Super-Secret Master Pundit.
He does not always refer to himself in the third person.
Did he mention he was presently single?
The lutefisk is dead. Donate via the donation button on the top left
or I'll shoot this gefilte fish.
No, really, I seriously need the help at present. And I hate asking.
Current Total # of Donations Since Blog Began: 606
Subscribers to date at $5/month: 30 sign-ups; 22 cancellations; Total= 8
Supporter subscribers to date at $25/month: 7 sign-ups; 3 cancellation; Total= 4
Patron subscribers to date at $50/month: 10 sign-ups; 6 cancellations; Total= 4
And you may find yourself living in a shotgun shack
And you may find yourself in another part of the world
Farber's First Fundamental of Blogging:
If your idea of making an insightful point is to make fun of people's
names, or refer to them by rilly clever labels such as "The Big Me" or "The Shrub,"
chances are high that I'm not reading your blog. The same applies if you refer
to a group of people by disparaging terms such as "the Donks" or "the pals." (Note: I have to say I don't give that much of a damn any more.)
Farber's Second Fundamental of Blogging:
The more interested you are in scoring a "point" for a political "team," a "side," than in exploring the validity or value of an idea, the less interested I am in what you're saying.
(Note: Partially suspended for the Duration. Later note: forget I ever said this.)
Farber's Third Fundamental of Blogging:
If you see a link on another blog, and use it, credit the blog.
Some places I go:
[weblogs, sites, and columns]
People I've known and still miss include Isaac Asimov, rich brown, Charles Burbee, F. M. "Buzz" Busby, Terry Carr, A. Vincent Clarke, George Alec Effinger,
Bill & Sherry Fesselmeyer, George Flynn, John Milo "Mike" Ford. John Foyster, Jay Haldeman, Chuch Harris, Mike Hinge, Lee Hoffman, Terry Hughes, Damon Knight, Ross Pavlac, Bruce Pelz, Elmer Perdue, Tom Perry,
Larry Propp, Bill Rotsler, Art Saha, Bob Shaw, Martin Smith, Harry Stubbs, Bob Tucker, Harry Warner, Jr., Jack Williamson, Walter A. Willis, Susan Wood, Kate Worley, and Roger Zelazny.
It's just a start.
And She of whom I must write someday.
You Like Me, You Really Like Me
...Darn: I saw that Gary had commented on this thread, and thought: oh. my. god. Perfect storm. Unstoppable cannonball, immovable object.
-- Hilzoy
Guessing that Gary is ignorant of anything that has ever been written down is, in my experience, unwise.
Just saying.
-- Hilzoy
Where would the blogosphere be without the Guardian? Guardian fish-barreling is now a venerable tradition. Yet even within this tradition, I don't believe there has ever been a more extensive and thorough essay than this one, from Gary Farber's fine blog. Gary appears to have examined every single thing that Guardian/Observer columnist Mary Ridell has ever written. He ties it all together, reaches inevitable conclusion. An archive can be a weapon.
-- Dr. Frank
Isn't Gary a cracking blogger, apropos of nothing in particular?
-- Alison Scott
I usually read you and Patrick several times a day, and I always get something from them. You've got great links, intellectually honest commentary, and a sense of humor. What's not to like?
-- Ted Barlow
...writer[s] I find myself checking out repeatedly when I'm in the mood to play follow-the-links. They're not all people I agree with all the time, or even most of the time, but I've found them all to be thoughtful writers, and that's the important thing, or should be.
-- Tom Tomorrow
Amygdala - So much stuff it reminds Unqualified Offerings that UO sometimes thinks of Gary Farber as "the liberal Instapundit." -- Jim Henley
I look at it almost every day. I can't follow all the links, but I read most of your pieces. The blog format really seems to suit you. It also suits me; I am not a news junkie, so having smart people like you ferret out the interesting stuff and leave it where I can find it is wonderful.
-- Lydia Nickerson
Gary is certainly a non-idiotarian 'liberal'...
-- Perry deHaviland
...the thoughtful and highly intelligent Gary Farber... My first reaction was that I definitely need to appease Gary Farber of Amygdala, one of the geniuses of our age.
-- Brad deLong
My friend Gary Farber at Amygdala is the sort of liberal for whom I happily give three cheers. [...] Damned incisive blogging....
-- Midwest Conservative Journal
If I ever start a paper, Clueless writes the foreign affairs column, Layne handles the city beat, Welch has the roving-reporter job, Tom Tomorrow runs the comic section (which carries Treacher, of course). MediaMinded runs the slots - that's the type of editor I want as the last line of defense. InstantMan runs the edit page - and you can forget about your Ivins and Wills and Friedmans and Teepens on the edit page - it's all Blair, VodkaP, C. Johnson, Aspara, Farber, Galt, and a dozen other worthies, with Justin 'I am smoking in such a provocative fashion' Raimondo tossed in for balance and comic relief.
Who wouldn't buy that paper? Who wouldn't want to read it? Who wouldn't climb over their mother to be in it?
-- James Lileks
Gary is a perceptive, intelligent, nice guy. Some of the stuff he comes up with is insightful, witty, and stimulating. And sometimes he manages to make me groan.
-- Charlie Stross
One of my issues with many poli-blogs is the dickhead tone so many bloggers affect to express their sense of righteous indignation. Gary Farber's thoughtful leftie takes on the world stand in sharp contrast with the usual rhetorical bullying. Plus, he likes "Pogo," which clearly attests to his unassaultable good taste.
-- oakhaus.com
Gary Farber is a principled liberal....
-- Bill Quick, The Daily Pundit
I read Amygdala...with regularity, as do all sensible websurfers.
-- Jim Henley, Unqualified Offerings
Okay, he is annoying, but he still posts a lot of good stuff.
-- Avedon Carol, The Sideshow
The only trouble with reading Amygdala is that it makes me feel like such a slacker. That Man Farber's a linking, posting, commenting machine, I tell you!
-- John Robinson, Sore Eyes
Jaysus. I saw him do something like this before, on a thread about Israel. It was pretty brutal. It's like watching one of those old WWF wrestlers grab an opponent's
face and grind away until the guy starts crying. I mean that in a nice & admiring way, you know.
-- Fontana Labs, Unfogged
We read you Gary Farber! We read you all the time! Its just that we are lazy with our blogroll. We are so very very lazy. We are always the last ones to the party but we always have snazzy bow ties.
-- Fafnir, Fafblog!
Gary Farber you are a genius of mad scientist proportions. I will bet there are like huge brains growin in jars all over your house.
-- Fafnir, Fafblog!
Gary Farber is the hardest working man in show blog business. He's like a young Gene Hackman blogging with his hair on fire, or something.
-- Belle Waring, John & Belle Have A Blog
I bow before the shrillitudinousness of Gary Farber, who has been blogging like a fiend.
-- Ted Barlow, Crooked Timber
Gary Farber only has two blogging modes: not at all, and 20 billion interesting posts a day [...] someone on the interweb whose opinions I can trust....
-- Belle Waring, John & Belle Have A Blog
Gary Farber! Jeez, the guy is practically a blogging legend, and I'm always surprised at the breadth of what he writes about.
-- PZ Meyers, Pharyngula
Gary Farber takes me to task, in a way befitting the gentleman he is.
-- Stephen Green, Vodkapundit
THE GOOD GUYS AT THE DEPARTMENT OF JUSTICE. No, really. Honest. There have been a few, and their story is little known. An excellent account at Newsweek, brought to us by Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas, and pointed out to me by a remark by Katherine, sometimes of Obsidian Wings (where the Hamas discussion is still ongoing, and I've had more to say, I note in passing).
I've known for some time of some of the good work of JamesComey, former deputy attorney general under the present regime, but previously was unaware of former assistant attorney general Jack Goldsmith.
It's in no way a substitute for the fact that we have as our Ultimate Leader a man who seems to, in fact, regard himself as our Ultimate Leader, nor does it obviate the fact that he has surrounded himself with toadies of the John Yoo ilk, ready to assure the Maximum Leader that so long as no pain unto-organ-failure is involved, torture isn't torture, the ML can lock up whomever he wishes forever, and is able to leap tall Congressional laws in a single bound (aumf!), but it is slightly reassuring to know that people of conscience were able to somehow preserve themselves in positions of some authority under this regime, and exercise some small degree of sanity.
This is their story. (Cue Dragnet music.) The bad guys in the story we already know all too well, though I have confidence that there are more horrors yet to be unearthed.
Bits:
Goldsmith was actually the opposite of what his detractors imagined. For nine months, from October 2003 to June 2004, he had been the central figure in a secret but intense rebellion of a small coterie of Bush administration lawyers. Their insurrection, described to NEWSWEEK by current and former administration officials who did not wish to be identified discussing confidential deliberations, is one of the most significant and intriguing untold stories of the war on terror.
These Justice Department lawyers, backed by their intrepid boss Comey, had stood up to the hard-liners, centered in the office of the vice president, who wanted to give the president virtually unlimited powers in the war on terror. Demanding that the White House stop using what they saw as farfetched rationales for riding rough-shod over the law and the Constitution, Goldsmith and the others fought to bring government spying and interrogation methods within the law. They did so at their peril; ostracized, some were denied promotions, while others left for more comfortable climes in private law firms and academia. Some went so far as to line up private lawyers in 2004, anticipating that the president's eavesdropping program would draw scrutiny from Congress, if not prosecutors. These government attorneys did not always succeed, but their efforts went a long way toward vindicating the principle of a nation of laws and not men.
The rebels were not whistle-blowers in the traditional sense. They did not want—indeed avoided—publicity. (Goldsmith confirmed public facts about himself but otherwise declined to comment. Comey also declined to comment.) They were not downtrodden career civil servants. Rather, they were conservative political appointees who had been friends and close colleagues of some of the true believers they were fighting against. They did not see the struggle in terms of black and white but in shades of gray—as painfully close calls with unavoidable pitfalls. They worried deeply about whether their principles might put Americans at home and abroad at risk. Their story has been obscured behind legalisms and the veil of secrecy over the White House. But it is a quietly dramatic profile in courage. (For its part the White House denies any internal strife.
[...]
The chief opponent of the rebels, though by no means the only one, was an equally obscure, but immensely powerful, lawyer-bureaucrat. Intense, workaholic (even by insane White House standards), David Addington, formerly counsel, now chief of staff to the vice president, is a righteous, ascetic public servant.
[...]
He is hardly anonymous inside the government, however. Presidential appointees quail before his volcanic temper, backed by assiduous preparation and acid sarcasm.
[...]
Addington and a small band of like-minded lawyers set about providing that cover—a legal argument that the power of the president in time of war was virtually untrammeled. One of Addington's first jobs had been to draft a presidential order establishing military commissions to try unlawful combatants—terrorists caught on the global battlefield. The normal "interagency process"—getting agreement from lawyers at Defense, State, the intelligence agencies and so forth—proved glacial, as usual. So Addington, working with fellow conservative Deputy White House Counsel Timothy Flanigan, came up with a solution: cut virtually everyone else out.
[...]
Inexperienced in national-security law, White House Counsel Alberto Gonzales was steered by more-expert lawyers like Addington and Flanigan. Others, like John Bellinger, the National Security Council's top lawyer, were simply not told what was going on. Addington and the hard-liners had particular disregard for Bellinger, who was considered a softie—mocked by Addington because he had lunch once a month or so with a pillar of the liberal-leaning legal establishment, the late Lloyd Cutler. When Addington and Flanigan produced a document—signed by Bush—that gave the president near-total authority over the prosecution of suspected terrorists, Bellinger burst into Gonzales's office, clearly upset, according to a source familiar with the episode. But it was too late.
Addington was just getting started.
[...]
A potentially formidable obstacle, however, was the Justice Department's Office of Legal Counsel.
[...]
Addington found an ally in an OLC lawyer whose name—John Yoo—would later become synonymous with the notion that power is for the president to use as he sees fit in a time of war. Shortly after 9/11, Yoo wrote, in a formal OLC opinion, that Congress may not "place any limits on the President's determinations as to any terrorist threat, the amount of military force to be used in response, or the method, timing, and nature of the response."
[...]
An August 2002 OLC memo, signed by the then head of the OLC—Jay Bybee—but drafted by Yoo, gave the agency what it needed. The controversial document, which became famous as the "torture memo" when it leaked two years later, defined torture so narrowly that, short of maiming or killing a prisoner, interrogators had a free hand. What's more, the memo claimed license for the president to order methods that would be torture by anyone's definition—and to do it wholesale, and not just in specific cases. A very similar Yoo memo in March 2003 was even more expansive, authorizing military interrogators questioning terror suspects to ignore many criminal statutes—as well as the strict interrogation rules traditionally used by the military.
[...]
Addington and Gonzales had both wanted to make Yoo head of the OLC when Bybee went off to take a federal judgeship in March 2003, but Attorney General John Ashcroft balked. Ashcroft's reasons were apparently bureaucratic.
As Katherine wrote of this notion of Yoo heading OLC: !!!!!
[...] Jack Goldsmith, a law professor who was working in the general counsel's office at the Pentagon, was the eventual compromise choice to head the OLC.
[...]
But somehow, in the vetting of Goldsmith, one of his important views was overlooked. Goldsmith is no executive-power absolutist. What's more, his friends say, he did not intend to be a patsy for Addington and the hard-liners around Cheney. Goldsmith was not the first administration lawyer to push back against Addington & Co. At the CIA, general counsel Scott Muller had caused a stir by ruling that CIA agents could not join with the military in the interrogation of Iraqi prisoners. But Goldsmith became a rallying point for Justice Department lawyers who had legal qualms about the administration's stance.
Goldsmith soon served notice of his independence. Shortly after taking over the OLC in October 2003, he took the position that the so-called Fourth Geneva Convention—which bars the use of physical or moral coercion on prisoners held in a militarily occupied country—applied to all Iraqis, even if they were suspected of belonging to Al Qaeda.
Addington soon suffered pangs of buyer's remorse over Goldsmith. There was no way to simply ignore the new head of the OLC. Over time, Addington's heartburn grew much worse. In December, Goldsmith informed the Defense Department that Yoo's March 2003 torture memo was "under review" and could no longer be relied upon. It is almost unheard-of for an administration to overturn its own OLC opinions. Addington was beside himself.
[...]
Addington's problems with Goldsmith were just beginning. In the jittery aftermath of 9/11, the Bush administration had pushed the top-secret National Security Agency to do a better and more expansive job of electronically eavesdropping on Al Qaeda's global communications. Under existing law—the Foreign Intelligence Surveillance Act, or FISA, adopted in 1978 as a post-Watergate reform—the NSA needed (in the opinion of most legal experts) to get a warrant to eavesdrop on communications coming into or going out of the United States.
[...]
Once again, Addington and his allies made sure that possible dissenters were cut out of the loop.
There was one catch: the secret program had to be reapproved by the attorney general every 45 days. It was Goldsmith's job to advise the A.G. on the legality of the program. In March 2004, John Ashcroft was in the hospital with a serious pancreatic condition. At Justice, Comey, Ashcroft's No. 2, was acting as attorney general. The grandson of an Irish cop and a former U.S. attorney from Manhattan, Comey, 45, is a straight arrow. (It was Comey who appointed his friend—the equally straitlaced and dogged Patrick Fitzgerald—to be the special prosecutor in the Valerie Plame leak-investigation case.) Goldsmith raised with Comey serious questions about the secret eavesdropping program, according to two sources familiar with the episode. He was joined by a former OLC lawyer, Patrick Philbin, who had become national-security aide to the deputy attorney general. Comey backed them up. The White House was told: no reauthorization.
The angry reaction bubbled up all the way to the Oval Office. President Bush, with his penchant for put-down nicknames, had begun referring to Comey as "Cuomey" or "Cuomo," apparently after former New York governor Mario Cuomo, who was notorious for his Hamlet-like indecision over whether to seek the Democratic presidential nomination in the 1980s. A high-level delegation—White House Counsel Gonzales and chief of staff Andy Card—visited Ashcroft in the hospital to appeal Comey's refusal. In pain and on medication, Ashcroft stood by his No. 2.
A compromise was finally worked out. The NSA was not compelled to go to the secret FISA court to get warrants, but Justice imposed tougher legal standards before permitting eavesdropping on communications into the United States. It was a victory for the Justice lawyers, and it drove Addington to new levels of vexation with Goldsmith.
Addington is a hard man to cross.
[...]
["]All of a sudden here comes David Addington out of his chair. I'd think to myself we're not just dancing a minuet, there's a little slam dancing going on here."
[...]
He never needed to invoke Cheney's name, but everyone knew that he spoke for the vice president.
Addington was particularly biting with Goldsmith. During a long struggle over the legality of the August 2002 torture memo, Addington confronted Goldsmith, according to two sources who had heard accounts of the conversation: "Now that you've withdrawn legal opinions that the president of the United States has been relying on, I need you to go through all of OLC's opinions [relating to the war on terror] and let me know which ones you still stand by," Addington said.
Addington was taking a clever dig at Goldsmith—in effect, accusing him of undermining the entire edifice of OLC opinions. But he was not making a rhetorical point. Addington began keeping track of opinions in which he believed Goldsmith was getting wobbly—carrying a list inside his suit pocket.
Goldsmith was not unmoved by Addington's arguments, say his friends and colleagues. He told colleagues he openly worried that he might be putting soldiers and CIA officers in legal jeopardy. He did not want to weaken America's defenses against another terrorist attack. But he also wanted to uphold the law. Goldsmith, known for putting in long hours, went to new extremes as he reviewed the OLC opinions. Colleagues received e-mails from him at all hours of the night. His family—his wife, 3-year-old son and newborn baby boy—saw him less and less often. Sometimes he would take his older boy down to the Justice Department's Command Center on Saturdays, just to be near him.
By June 2004, the crisis came to a head when the torture memo leaked to The Washington Post. Goldsmith was worn out but still resolute. He told Ashcroft that he was formally withdrawing the August 2002 torture memo. With some prodding from Comey, Ashcroft again backed his DOJ lawyers—though he was not happy to engage in another battle with the White House. Comey, with Goldsmith and Philbin at his side, held a not-for-attribution background briefing to announce that the Justice Department was disavowing the August 2002 torture memo. At the same time, White House officials held their own press conference, in part to counter what they saw as Comey's grandstanding. A fierce behind-the-scenes bureaucratic fight dragged on until December, when the OLC issued a new memo that was hardly to the taste of human-rights activists but contained a much more defensible (and broader) definition of torture and was far less expansive about the power of the president to authorize coercive interrogation methods. The author of the revised memo, senior Justice Department lawyer Daniel Levin, fought pitched battles with the White House over its timing and contents; yet again, Comey's intervention was crucial in helping Levin and his allies carry the day.
By then, Goldsmith was gone from Justice.
[...]
Philbin, who had been the in-house favorite to become deputy solicitor general, saw his chances of securing any administration job derailed when Addington, who had come to see him as a turncoat on national-security issues, moved to block him from promotion, with Cheney's blessing; Philbin, who declined to comment, was planning a move into the private sector. Levin, whose battles with the White House took their toll on his political future as well, left for private practice. (Levin declined to comment.) Comey was working for a defense contractor.
But the national security/civil liberties pendulum was swinging. Bellinger, who had become legal adviser to Secretary of State Condoleezza Rice, began pushing, along with lawyers in the Pentagon, to roll back unduly harsh interrogation and detention policies.
[...]
After Cheney's chief of staff, Scooter Libby, pleaded not guilty to perjury charges in the Plame leak case, Addington took Libby's place. He is still a force to be reckoned with in the councils of power. And he still has the ear of the president and vice president; last week Bush was out vigorously defending warrantless eavesdropping. But, thanks to a few quietly determined lawyers, a healthy debate has at last begun.
Assuming this is a vaguely accurate accounting, which I don't automatically or wholeheartedly do, of course, and obviously it's immensely incomplete, and as always in understanding the workings of an administration, we won't have a clearer grasp of the story until years after they're out of office, but nonetheless: thank you, Jack Goldsmith, and James Comey whom I already was grateful to. Thank you. When the moment came, you were menschs. Thank you.
Comey is also really (and I mean REALLY) tall! Nice post. Its worth keeping in mind that the majority of people serving in government positions are really dedicated to serving, even the ones you disagree with.
"Its worth keeping in mind that the majority of people serving in government positions are really dedicated to serving, even the ones you disagree with."
Yes, I agree about most. There's little reason to take such jobs, save at the highest levels, without dedication. And even ambition and desire to accomplish various goals don't obviate also being dedicated, of course.
Naturally, when we're talking about the policy-making level, one might disagree with someone's goals, but not with the fact that they have them.
And below the top levels, you have to be willing to take a lot of crap and work damn hard for relatively little personal reward beyond the satisfaction of the job. That applies, as well, to the top levels, but at least there you have more of a hand in the most important policy.
I have had friends in various upper-level governmental jobs. I still have a few today. From time to time, some tell me a few things. You'll never hear any of it. But it does help inform me. Particularly those I can run questions by, of whom I have a few.
I'm a very open person about myself, mostly, but I've always been able to keep my mouth shut, as well.
Nah. I think I'm on safe grounds in observing that there's no shortage of people who -- different people depending upon who is President -- would be delighted to explain at length that the President's primary hires took the job so as to best accomplish their mission of Evial.
Some could even write it in grammatical and properly punctuated English, even.
I'm short, myself. Though I thought the guy who relatively recently described me as resembling Gimli was being rather unkind.
