I currently blog politically/policywise at Obsidian Wings.
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Amygdala will move to an entirely new and far better blog template ASAP, aka RSN, aka incrementally/badly punctuated evolution.
Tagging posts, posts by category, next/previous post indicators, and other post-2003 design innovations are incrementally being tweaked/kludged/melting.
Above email address currently deprecated! Use gary underscore farber at yahoodotcom, pliz! Sanely free of McCarthyite calling anyone a traitor since 2001!
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I've a long record in editorial work in book and magazine publishing, starting 1974, a variety of other work experience, but have been, since 2001, recurringly housebound with insanely painful sporadic and unpredictably variable gout and edema, and in the past, other ailments; the future? The Great Unknown: isn't it for all of us?
I'm currently house/cat-sitting, not on any government aid yet (or mostly ever), often in major chronic pain from gout and edema, which variably can leave me unable to walk, including just standing, but sometimes is better, and is freaking unpredictable at present; I also have major chronic depression and anxiety disorders; I'm currently supported mostly by your blog donations/subscriptions; you can help me. I prefer to spread out the load, and lessen it from the few who have been doing more than their fair share for too long.
Thanks for any understanding and support. I know it's difficult to understand. And things will change. They always change.
I'm sometimes available to some degree as a paid writer, editor, researcher, or proofreader. I'm sometimes available as a fill-in Guest Blogger at mid-to-high-traffic blogs that fit my knowledge set.
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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 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....
-- 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
"Every gun that is made, every warship launched, every rocket fired, represents, in the final analysis, a theft from those who hunger and are not fed, who are cold and are not clothed. This world in arms is not spending money alone. It is spending the sweat of its laborers, the genius of its scientists, the hopes of its children."
-- Dwight D. Eisenhower
"The term, then, is obviously a relative one; my pedantry is your scholarship, his reasonable accuracy, her irreducible minimum of education, & someone else's ignorance."
-- H. W. Fowler
"Rules exist for good reasons, and in any art form the beginner must learn them and understand what they are for, then follow them for quite a while. A visual artist, pianist, dancer, fiction writer, all beginning artists are in the same boat here: learn the rules, understand them, follow them. It's called an apprenticeship. A mediocre artist never stops following the rules, slavishly follows guidelines, and seldom rises above mediocrity. An accomplished artist internalizes the rules to the point where they don't have to be consciously considered. After you've put in the time it takes to learn to swim, you never stop to think: now I move my arm, kick, raise my head, breathe. You just do it. The accomplished artist knows what the rules mean, how to use them, dodge them, ignore them altogether, or break them. This may be a wholly unconscious process of assimilation, one never articulated, but it has taken place."
-- Kate Wilhelm
"The most beautiful experience we can have is the mysterious. It is the fundamental emotion that stands at the cradle of true art and true science. Whoever does not know it and can no longer wonder, no longer marvel, is as good as dead, and his eyes are dimmed."
-- Albert Einstein
"The decisive moment in human evolution is perpetual."
-- Franz Kafka, Aphorisms
"All of old. Nothing else ever. Ever tried. Ever failed. No matter. Try again. Fail again. Fail better."
-- Samuel Beckett, Worstward Ho
"First they ignore you. Then they ridicule you. And then they attack you and want to burn you. And then they build monuments to you."
-- Nicholas Klein, May, 1919, to the Third Biennial Convention of the Amalgamated Clothing Workers of America (misattributed to Mohandas Karamchand Gandhi, 1914 & variants).
"Nothing would be done at all, if a man waited till he could do it so well, that no one could find fault with it."
-- Lecture IX, John Henry Cardinal Newman
“Nothing is more common than for men to think that because they are familiar with words they understand the ideas they stand for.”
-- John Henry Cardinal Newman
"Knowledge will forever govern ignorance; and a people who mean to be their own governors must arm themselves with the power which knowledge gives."
-- James Madison
"Our credulity is a part of the imperfection of our natures. It is inherent in us to desire to generalize, when we ought, on the contrary, to guard ourselves very carefully from this tendency."
-- Napoleon I of France.
"The truth is, men are very hard to know, and yet, not to be deceived, we must judge them by their present actions, but for the present only."
-- Napoleon I of France.
"The barbarous custom of having men beaten who are suspected of having important secrets to reveal must be abolished. It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile. The poor wretches say anything that comes into their mind and what they think the interrogator wishes to know."
-- On the subject of torture, in a letter to Louis Alexandre Berthier (11 November 1798), published in Correspondance Napoleon edited by Henri Plon (1861), Vol. V, No. 3606, p. 128
"All living souls welcome whatever they are ready to cope with; all else they ignore, or pronounce to be monstrous and wrong, or deny to be possible."
-- George Santayana, Dialogues in Limbo (1926)
"American life is a powerful solvent. It seems to neutralize every intellectual element, however tough and alien it may be, and to fuse it in the native good will, complacency, thoughtlessness, and optimism."
-- George Santayana, Character and Opinion in the United States, (1920)
"If you should put even a little on a little, and should do this often, soon this too would become big."
-- Hesiod, Work And Days
"Your Honor, years ago I recognized my kinship with all living beings, and I made up my mind that I was not one bit better than the meanest on earth. I said then, and I say now, that while there is a lower class, I am in it, and while there is a criminal element I am of it, and while there is a soul in prison, I am not free."
-- Eugene V. Debs
"Reputation is what other people know about you. Honor is what you know about yourself."
-- Lois McMaster Bujold, A Civil Campaign
"All that we have to do is to send two mujahidin to the furthest point east to raise a piece of cloth on which is written "al-Qaida," in order to make the generals race there to cause America to suffer human, economic, and political losses without their achieving for it anything of note other than some benefits for their private companies."
-- Osama bin Laden
"Remember, Robin: evil is a pretty bad thing."
-- Batman
Gary Farber is now a licensed Quintuple Super-Sekrit Multi-dimensional Master Pundit.
He does not always refer to himself in the third person.
He is presently single.
The gefilte fish is dead. Donate via the donation button on the top left or I'll shoot this cutepanda. Don't you lovepandas?
Current Total # of Donations Since 2002: 1181
Subscribers to date at $5/month: 100 sign-ups; 91 cancellations; Total= 9
Supporter subscribers to date at $25/month: 16 sign-ups; 10 cancellation; Total= 6
Patron subscribers to date at $50/month: 20 sign-ups; 13 cancellations; Total= 7
...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
"Gary Farber is a gentleman, a scholar and one of the gems of the blogosphere."
-- Steve Hynd, Newshoggers.com
"Well argued, Gary. I hadn't seen anything that went into as much detail as I found in your blog."
-- Gareth Porter
Gary Farber is your one-man internet as always, with posts on every article there is.
-- Fafnir
Guessing that Gary is ignorant of anything that has ever been written down is, in my experience, unwise.
Just saying.
-- Hilzoy
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
Amygdala - So much stuff it reminds Unqualified Offerings that UO sometimes thinks of Gary Farber as "the liberal Instapundit." -- Jim Henley
...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
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
I bow before the shrillitudinousness of Gary Farber, who has been blogging like a fiend.
-- Ted Barlow, Crooked Timber
Favorite.... [...] ...all great stuff. [...] Gary Farber should never be without readers.
-- Ogged
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
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
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
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
Isn't Gary a cracking blogger, apropos of nothing in particular?
-- Alison Scott
Gary Farber takes me to task, in a way befitting the gentleman he is.
-- Stephen Green, Vodkapundit
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
I do appreciate your role and the role of Amygdala as a pioneering effort in the integration of fanwriters with social conscience into the larger blogosphere of social conscience.
-- Lenny Bailes
Every single post in that part of Amygdala visible on my screen is either funny or bracing or important. Is it always like this? -- Natalie Solent
People I've known and still miss include Isaac Asimov, rich brown, Charles Burbee, F. M. "Buzz" Busby, Terry Carr, A. Vincent Clarke, Bob Doyle, George Alec Effinger, Abi Frost,
Bill & Sherry Fesselmeyer, George Flynn, John Milo "Mike" Ford. John Foyster, Mike Glicksohn, Jay Haldeman, Neith Hammond (Asenath Katrina Hammond)/DominEditrix , 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, it only gets longer, many are unintentionally left out.
And She of whom I must write someday.
A House Republican whose subcommittee oversees the National Security Agency broke ranks with the White House on Tuesday and called for a full Congressional inquiry into the Bush administration's domestic eavesdropping program.
The lawmaker, Representative Heather A. Wilson of New Mexico, chairwoman of the House Intelligence Subcommittee on Technical and Tactical Intelligence, said in an interview that she had "serious concerns" about the surveillance program. By withholding information about its operations from many lawmakers, she said, the administration has deepened her apprehension about whom the agency is monitoring and why.
Ms. Wilson, who was a National Security Council aide in the administration of President Bush's father, is the first Republican on either the House's Intelligence Committee or the Senate's to call for a full Congressional investigation into the program, in which the N.S.A. has been eavesdropping without warrants on the international communications of people inside the United States believed to have links with terrorists.
The congresswoman's discomfort with the operation appears to reflect deepening fissures among Republicans over the program's legal basis and political liabilities. Many Republicans have strongly backed President Bush's power to use every tool at his disposal to fight terrorism, but 4 of the 10 Republicans on the Senate Judiciary Committee voiced concerns about the program at a hearing where Attorney General Alberto R. Gonzales testified on Monday.
A growing number of Republicans have called in recent days for Congress to consider amending federal wiretap law to address the constitutional issues raised by the N.S.A. operation.
Senator Lindsey Graham of South Carolina, for one, said he considered some of the administration's legal justifications for the program "dangerous" in their implications, and he told Mr. Gonzales that he wanted to work on new legislation that would help those tracking terrorism "know what they can and can't do."
[...]
Ms. Wilson said in the interview Tuesday that she considered the limited Congressional briefings to be "increasingly untenable" because they left most lawmakers knowing little about the program. She said the House Intelligence Committee needed to conduct a "painstaking" review, including not only classified briefings but also access to internal documents and staff interviews with N.S.A. aides and intelligence officials.
Ms. Wilson, a former Air Force officer who is the only female veteran currently in Congress, has butted up against the administration previously over controversial policy issues, including Medicare and troop strength in Iraq. She said she realized that publicizing her concerns over the surveillance program could harm her relations with the administration. "The president has his duty to do, but I have mine too, and I feel strongly about that," she said.
[...]
Aides to Representative Peter Hoekstra of Michigan, who as chairman of the full House Intelligence Committee is one of the eight lawmakers briefed on the operations of the program, said he could not be reached for comment on whether he would be open to a full inquiry.
Mr. Hoekstra has been a strong defender of the program and has expressed no intention thus far to initiate a full review. In two recent letters to the Congressional Research Service, he criticized reports by the agency that raised questions about the legal foundations of the N.S.A. program and the limited briefings given to Congress.
Breaking with the White House, the House Republican who chairs a panel overseeing the National Security Agency wants a 1978 foreign intelligence law changed following the disclosure of President Bush's eavesdropping program.
Rep. Heather Wilson, R-N.M., chairwoman of the House Subcommittee on Technical and Tactical Intelligence, thinks the time has come for a complete review of the National Security Agency's program, said her spokesman, Joel Hannahs.
Wilson believes she has a constitutional responsibility to oversee the program and that the House Intelligence Committee is entitled to full briefings, he said.
Hannahs said Wilson believes the 1978 Foreign Intelligence Surveillance Act, or FISA, needs to be updated to "take into account new technology." The law governs monitoring of calls inside the United States for national security reasons.
[...]
The House and Senate Intelligence Committees scheduled closed-door briefings with Attorney General Alberto Gonzales and Gen. Michael Hayden, the No. 2 intelligence official, Wednesday afternoon and Thursday morning.
A spokesman for House Intelligence Committee Chairman Peter Hoesktra, R-Mich., said the briefing would cover legal aspects of the program.
[...]
In a letter Wednesday, West Virginia Sen. Jay Rockefeller, the intelligence committee's senior Democrat, called on Bush to allow full briefings for the panel's 15 members.
"Your administration's continued failure to brief every member of the Intelligence Committee on the operational details of this program, as is done on each and every other signals intelligence program, will only fuel those who argue that the White House is acting unilaterally and in contravention of the law," Rockefeller said of electronic eavesdropping programs.
No lawmaker who has been briefed on the program has called for its halt.
[...]
Fissures with the White House were highlighted Monday when a handful of Senate Judiciary Committee Republicans joined Democrats to raise doubts about the program's lawfulness at a daylong hearing with Gonzales. Like Wilson, some other Republicans suggested FISA should be revised.
Then there's this post of Glenn Greenwald's that is an absolute must-read. Just a tiny bit:
Discussions among Bush opponents about what the next steps ought to be have centered around procedural events such as appointment of a Special Prosecutor or the issuance of subpoenas for additional witnesses to be called before the Judiciary Committee. But none of those procedural steps, either standing alone or even aggregated together, is anywhere near sufficient to further this scandal or even to sustain public interest in it.
[...]
(1) The President is now claiming, and is aggressively exercising, the right to use any and all war powers against American citizens even within the United States, and he insists that neither Congress nor the courts can do anything to stop him or even restrict him.
It is true, as many have been pointing out, that this scandal, at its core, is about the rule of law -- about whether the President has the right to break the law. But it will not suffice to rely upon that slogan because Gonzales has now articulated a clear response to it: namely, he has claimed that they did not break the law because there are legal authorities and legal theories that allowed them to do what they did.
They then parade around lawyers such as Gonzales and others to spout esoteric legalisms and, as intended, the impression is created that this is nothing more than a mind-numbingly complex lawyer dispute to be resolved with legal briefs in court. If all we say is "the President broke the law" and they say "no, we adhered to the law," nobody will be persuaded either way.
It is undeniably true that Gonzales, in his testimony, articulated a clear and coherent legal theory to defend Bush’s violations of the law. But that legal defense is so radical, so dangerous, and so contrary to our most basic political values, that the first priority, in my view, is to make Americans aware of exactly what powers the Administration claims it has the right to use -- not just against Al Qaeda, but against American citizens, within the United States.
The Administration’s position as articulated by Gonzales is not that the Administration has the power under the AUMF or under precepts of Article II "inherent authority" to engage in warrantless eavesdropping against Americans. Their argument is much, much broader -- and much more radical -- than that. Gonzales' argument is that they have the right to use all war powers – of which warrantless eavesdropping is but one of many examples – against American citizens within the country. And not only do they have the right to use those war powers against us, they have the right to use them even if Congress makes it a crime to do so or the courts rule that doing so is illegal.
Put another way, the Administration has now baldly stated that whatever it is allowed to do against our enemies in a war, it is equally entitled to exercise all of the same powers against American citizens on American soil. In a Press Release issued on January 27, the DoJ summarized its position on the legality of its actions this way:
In its Hamdi decision, the Supreme Court ruled that the AUMF also authorizes the "fundamental incident(s) of waging war." The history of warfare makes clear that electronic surveillance of the enemy is a fundamental incident to the use of military force.
Gonzales took that argument even one step further on Monday by claiming that even in the absence of the AUMF, Article II of the Constitution gives the President the right to employ all "incidents of war" both internationally and domestically – which means that even if Congress repealed the AUMF tomorrow, the Administration, by this view, would still have the absolute and unchecked right (under Article II) to use all war powers against American citizens. Indeed, it claims that it would have those war powers even if Congress passed a law prohibiting the exercise of those powers against Americans.
The "war powers" which a President can use in war against our enemies are virtually limitless -- they include indefinite detention in prison with no charges or access to lawyers, limitless eavesdropping, interrogation by means up to and perhaps including torture, and even killing. The reason the Administration claims it can engage in warrantless eavesdropping against Americans is because it has the general right to use all of these war powers against Americans on American soil, of which eavesdropping is but one example. Without hyperbole, it is hard to imagine a theory more dangerous or contrary to our nation’s principles than a theory that vests the President -- not just Bush but all future Presidents -- limitless authority to use war powers against American citizens within this country.
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