SYNDICATED COLUMN: Executive Privilege: Another Presidential Lie

Why George III Would Be Jealous of Obama

The Phoenix bureau of the Bureau of Alcohol, Tobacco, Firearms and Explosives sold over 2,000 guns to operatives they believed to be working for Mexican drug cartels between 2006 and 2010. According to the ATF, “Operation Fast and Furious” was an attempt to track the weapons to higher level criminals.

Things went south—literally—when ATF guns began turning up at crime scenes, including the murder of a U.S. Border Patrol agent. Now, as part of its investigation, the GOP-led House Oversight and Government Reform Committee is demanding that the Obama Administration turn over documents relevant to the botched ATF operation.

President Obama has refused, invoking “executive privilege.”

I put “executive privilege” in quotes because, like terms such as “enemy combatant,” it does not appear in law. Presidents of both parties—indeed, presidents of parties that no longer exist, all the way back to 1796—have asserted that the constitutional separation of powers grants the executive branch an “inherent” right to ignore subpoenas issued by Congress or the judiciary.

The standard argument is that compliance would reveal the internal deliberations of the President, his Cabinet officers and other government officials who require the presumption of privacy in order to engage in internal debates and deliberations.

This is Obama’s first use of “executive privilege,” but both by historical and current legal standards it is radically overreaching. The closest we have to a definitive word on executive privilege dates to the Watergate scandal, when the U.S. Supreme Court ruled against Richard Nixon’s attempt to stonewall Congress. As long as a prosecutor could argue that the relevant documents were essential to the justice of a case, and did not compromise national security, Chief Justice Warren Burger said, the president would have to fork over the documents.

Operation Fast and Furious, a law enforcement matter, doesn’t qualify under the Burger ruling. It’s hard to imagine making a credible case that national security would be compromised if the details were made public. Since run-of-the-mill ATF memos would be covered, the usual top-level internal deliberations justification doesn’t apply either: “Obama’s claim broadly covers administration documents about the program called Operation Fast and Furious, not just those prepared for the president,” reports Larry Margasak of the Associated Press.

Once again Obama is following precedent established by George W. Bush, whose legal advisors seem to have missed the class about how Americans decided not to be ruled by a King. Bush, who promoted another legal fiction, a “unitary executive” branch, invoked “executive privilege” six times, such as when refusing to release the minutes of Dick Cheney’s meetings with corporate energy executives, Karl Rove’s refusal to testify in the politically-orchestrated firings of federal prosecutors, and in the cover-up of the “friendly fire” shooting of former football player Pat Tillman in Afghanistan.

We’ve come a long way since 1796. Because the Constitution grants the Senate (but not the House) the right to ratify treaties, George Washington refused to turn over notes about the negotiations of the Jay Treaty with Great Britain to the House, claiming “executive privilege.” But he did give them to the Senate. And the Supreme Court overruled Thomas Jefferson’s 1807 claim that providing his private correspondence to Aaron Burr’s defense in his treason trial would imperil national security.

In case after case, the whole idea of executive privilege has been made up, used by both parties to protect secrets and cover up malfeasance, yet has little to no constitutional basis. But it’s hardly the only example of how the Constitution is routinely ignored. The most glaring, of course, is the way presidents have stolen the exclusive right to declare war from one wimpy Congress after another. By some measures the U.S. has fought hundreds of wars, yet only five have carried the legal standing of an official Congressional declaration of war.

Americans enjoy the presumption of innocence and the right to a fair and speedy trial, by a jury of their peers, under the Sixth and Seventh Amendments. Yet President Obama—building on a secret assassination program against so-called “terrorists” begun under Bush—asserts the right not only to deprive U.S. citizens of these rights, detaining them indefinitely and denying them a trial, but to assassinate them. According to The Washington Post, all they need to subvert more than two centuries of constitutional law is an internal memo: “The Justice Department wrote a secret memorandum authorizing the lethal targeting of Anwar al-Aulaqi, the American-born radical cleric who was killed by a U.S. drone strike [on September 30, 2011], according to administration officials,” reported The Post. “The document was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi, the officials said.”

We’re not even allowed to look at the text of the secret memo.

“Executive privilege.”

Too bad the Tea Party’s Constitutional purism is so inconsistent, focusing more on fighting the Democrats than protecting our freedoms. With no one to push back, we’re no longer a democracy. We’re Might Makes Right, not a nation of laws.

What’s worse, most Americans don’t care.

The United States is un-American.

(Ted Rall’s new book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt.” His website is tedrall.com. This column originally appeared at MSNBC.com)

(C) 2012 TED RALL, ALL RIGHTS RESERVED.

SYNDICATED COLUMN: Death and Trivia

Bankrupt and Corrupt, U.S. Can’t/Won’t Address Issues We Care About

Millions of Americans won’t vote this November. “Voter participation in the U.S. remains consistently below corresponding levels in most other western democracies,” the International Business Times reported last year. “In countries like Italy, Belgium, Austria and Australia, more than 90 percent of the voting public cast ballots at election time.”

They—the corporate politicians and their media mouthpieces—call it apathy. Obama advisor David Axelrod blamed it for the Iraq War. “There was apathy in 2000, and Al Gore lost that election to George W. Bush by 300 votes, and as a result we wound up in Iraq,” he told the Harvard Crimson. That’s crap. People don’t boycott elections because they don’t care. They are alienated.

We don’t care about two-party electoral politics because two-party electoral politics don’t care about us.

What are Americans most worried about this election season? The same thing we’ve been most worried about for years: the economy. You name the poll: local or national, liberals or conservatives doesn’t matter. Tens of millions of people are unemployed. People who still have jobs live in terror of layoffs. Real inflation is out of control but salaries are frozen or falling. (The fact that we have to specify “real” says a lot about the gap between life out here “on the ground” and over there “inside the Beltway.”)

We’re being ground down. Demoralized. Bankrupted. And they don’t care. Not only do they not care, they don’t notice.

The Fed and the White House are colluding in their quadrennial tradition of ginning up a pseudo-boomlet to support the incumbent. Thus the latest Dow bubble and phony 8.3 percent unemployment rate, which count people who have given up looking for work as “employed.”

Everyone knows the recovery is fiction. Who are you going to believe—the talking heads or your lying, overdrawn, second-mortage line of credit? According to the latest Gallup tracking poll, which actually asks actual people how they’re actually doing in the actual world, 9.1 percent of Americans are unemployed and 19.0 percent are underemployed. When 28.1 percent of Americans are broke, that affects everyone, including the richest 1% trying to sell goods and services.

People expect their “representative” democracy to represent their interests. To address their problems. And solve them.

No wonder why we’re so apathetic. Our “leaders” hardly talk about the economy.

Santorum is more worried about how easy it is to get sex than how hard it is to find work.

Romney thinks it’s 1992 and that he’s Ross Perot, the businessman who promised to run America like a corporation. As though it wasn’t already. As if that wasn’t the problem.

Obama imagines that we didn’t notice that he only started asking Congress to work on the economy after Congress fell under the control of the other party. We’re slow. We’re not deranged.

Our dying political system is unwilling and unable to address joblessness and the widening class divide because our misery isn’t an aberration. It’s an inherent manifestation of corporate capitalism. Ordinary Americans understand this. Half the citizens of this “conservative” country already prefer socialism or communism, according to a Gallup poll conducted in December—watch that go up—yet the political class dares not question the Crappy Economic System That Must Not Be Named.

Since they can’t take on the real issues the elites are reduced to the politics of distraction.

Kids and death.

Those are the D-grade “issues” the powers that be are using this week in order to avoid talking about the atrocious economy.

Federal regulators announced on February 27th that all cars manufactured after 2014 must feature rearview cameras that allow drivers to see what is behind them. The National Highway Traffic Administration says that “95 to 112 deaths and as many as 8,374 injuries could be eliminated each year by eliminating the wide blind spot behind a vehicle,” reported The New York Times. The estimated cost of the devices is $2.7 billion per year.

“In terms of absolute numbers of lives saved, it certainly isn’t the highest,” admitted Clarence Ditlow of the Center for Auto Safety. “But in terms of emotional tragedy, backover deaths are some of the worst imaginable. When you have a parent that kills a child in an accident that’s utterly avoidable, they don’t ever forget it.”

No doubt. I can imagine. By all means, put in those cameras.

But there’s something screwy about a political culture that slaps this trivial story on the front page of the biggest newspaper in the country and makes it a Congressional priority while the elephants in the room go unaddressed. Every year 17,000 Americans die in slip and fall accidents—151 times the rate from backover car accidents. Maybe we should install cameras on the backs of our heads.

Yo, moron journalists and politicos: Jobs! We care about jobs!

If you idiots must obsess over cars, why aren’t you pushing through radical improvements in fuel efficiency, like requiring that every car made after 2014 be either electric or a hybrid? Autos are a major cause of air pollution, which triggers asthma attacks, which kill at least 5000 people annually in the U.S.

It’s not just about the kiddie-poos. The establishments is still wallowing in Bush’s hoary post-9/11 death cult.

The day after its hold-the-presses car-cameras scoop the Times was back with another page-one heartstopper:

“The mortuary at Dover Air Force Base in Delaware disposed of body parts of some victims of the Sept. 11, 2001 attacks by burning them and dumping the ashes in a landfill,” began the story. The victims were killed on Flight 93, which crashed in western Pennsylvania.

Gross? No doubt. Inappropriate? Unquestionably. Important? Hell no.

The worst thing that could ever happened to the people to whom those body parts belonged occurred before. They were dead. Murdered. What went down after that was comparatively trivial.

Not to stir up the Truthers (with whom I disagree), but a more appropriate front-page story would ask: “More Than 11 Years After 9/11, Why Hasn’t There Been an Independent Investigation?”

Here’s what we’ve come to: Get killed on Flight 93 and no one bothers to find out what really happened to you. Have your remains disposed of in a culturally insensitive manner and it’s a scandal.

What if Flight 93 had landed safely? Some passengers would gotten laid off. Some would have been foreclosed upon. And the government wouldn’t have given a rat’s ass about them.

Why don’t people vote?

A better question is: Why do people vote?

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2012 TED RALL

SYNDICATED COLUMN: Fight the Powerlessness

The Left’s Case for Boycotting Obama in November 2012

Three years in, it’s obvious to all but the most willfully obtuse liberals and progressives that their 2008 votes for Obama have not paid off.

The president blames obstructionist Republicans for his lack of action on, well, everything. His blame-the-GOP argument would be plausible if not for one thing: Before the Republicans swept the 2010 midterms, Obama had enormous political capital, a supportive media and Democratic control of both houses of Congress.

Had Obama wanted, he could have governed to the left. Far to the left. To the left of FDR.

Remember how scared we were? The economy was in freefall. We lost 600,000 jobs the month he took office. We would have gone along with anything he asked for, including a new WPA program and permanent jobless benefits.

He didn’t ask.

Obama didn’t govern like a liberal because he didn’t want to. He didn’t want to because he’s not a liberal.

Many progressives are angry. They want to send Obama and his fellow phony Democrats a message next November. But they don’t know how to counter the central argument of the two-party trap.

It goes like this:

“Voting for Obama sucks. He’s just going to do more stuff I hate, like bailing out banksters and starting more wars while ignoring the terrible economy. But what else can I do? I can’t vote for some science-denying, Bible-thumping Republican ignoramus who’d be even worse.

“Not voting? That’s almost as bad as voting Republican. With so much at stake, there’s no choice but to hold my nose and vote Democratic.”

This powerful argument has kept liberals in the Democratic fold since 1976, when Jimmy Carter pushed the party to the right with his huge defense build-up.

Fear of a GOP nation drove them to vote for Bill Clinton, even though his major accomplishments—welfare reform, NAFTA and the WTO—were right-wing.

There’s always something at stake. Every election is “one of the most important elections of our lifetimes.” As a result, there hasn’t been a liberal presidential nominee for 40 years. Mainly, this is because liberal voters are willing to vote for right-wing Democrats.

A lot of liberals, feeling even more conned than usual, are asking me how to counter the two-party trap argument.

Here’s what I tell them:

First and foremost, your vote (or lack thereof) cannot and will not put Rick Perry or Mitt Romney or Sarah Palin in the White House. It’s simple statistics. By definition you can only change one vote: your own. And no state’s electoral votes have ever come down to a single vote.

No election in U.S. history has ever come down to one vote. Not even a local one.

Even in Florida in 2000, the outcome hinged on about 150 ballots. I don’t care how big your family or circle of friends is—you are not going to change 75 or more votes one way or the other. Mathematically speaking, your vote is purely symbolic.

Point two: Democratic Party strategists take liberal voters for granted. Don’t take my word for it; check out books by Washington insiders like former Clinton pollster Dick Morris and “The Political Brain” author Drew Westen. Democratic leaders obsess over “Reagan Democrats,” “soccer moms,” “security moms” or whatever catchphrase equates to “swing voter” during a given year—people who might vote Republican one election, Democratic the next. That’s why “Democrats” run as—and govern like—Republicans.

As for liberals, progressives and leftists, Democrats ask: Where else are they going to go?

Refusing to vote for Obama answers their question: If you don’t stop taking us for granted, we will take our votes elsewhere—whether to the Republicans, a third party, or limbo, boycotting the process altogether.

Point three: Voting for immoral leaders makes you immoral.

It’s one thing to be duped, as liberals were by Carter in 1976. It’s another to knowingly vote for a politician you know or at least strongly suspect will promulgate policies you believe are wrong—which is exactly what most liberals did when they voted for Obama in 2008.

Most Americans and the vast majority of lefties were against the U.S. occupation of Afghanistan. During the campaign Obama pledged to send even more troops there. From a moral standpoint, the blood of every Afghan wounded or killed after January 2009 is on the hands of those of us who pulled a lever, pushed a button or punched a chad for Barack Obama. (That includes me.)

Obama lied about other issues. He promised to close Gitmo, to push for a real healthcare plan (one with a public option), and to withdraw from Iraq. Now, however, we know that he lied.

Knowing what you know now, a vote for Obama in 2012 would be an enthusiastic vote of support for torture, extrajudicial assassinations, drone attacks, corporate healthcare, doing nothing about jobs and staying in Iraq. Your eyes are open. A liberal who votes for Obama would be directly responsible for the torture, the killings, and the suicides of the desperately unemployed.

The two-party trap is the sort of sick game that sadistic concentration camp guards like to play.

“I’m going to shoot this old man or this little boy. You decide which. If you refuse to choose, I’ll shoot both.”

There is only way to deal with ideological terrorists:

Don’t.

Let evil scum do what they like. You can’t stop them anyway. If the guard shoots both the man and the boy, it’s a terrible crime—but the blood is all on his hands.

For a progressive, voting for Obama is like asking the camp guard to shoot one person rather than two. In the short run, it seems like the right decision. In the long run, the man and the boy die—and it’ll partly be your fault,

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL

SYNDICATED COLUMN: The Evil of Two Lessers

Two-Party System Is Not Democracy

We get the government we deserve.

Don’t get mad at the politicians! It’s your/our fault. You/we elected them.

Most Americans accept these aphorisms. Yet they are lies—lies that distract us from the fact that our political system is a farce. Really, we should get rid of this phony two-party “democracy.” And we will. In the meantime, we ought to ignore it.

The two-party system made simple:

Two worthless scoundrels are on the ballot.

If you vote for one of them, a worthless scoundrel will win.

If you don’t vote, a worthless scoundrel will win.

It’s a pretty unappealing sales pitch. How did it last 200 years?

The two-party system, a political mutation unanticipated by the Constitution and dreaded by the Founding Fathers, mainly relies on the “lesser of two evils” argument.

Next year, for example, many liberals will hold their noses and vote for Obama even though he has not delivered for them. They will do this to try to avoid winding up with someone “even worse”: Michele Bachmann, Mitt Romney, etc.

Conservatives will do the same thing. They will vote for Michele Bachmann, Mitt Romney or whomever—even though they know full well they won’t come through with smaller government or a balanced budget—because Obama is “even worse.”

The two-party system is a sick game. Many citizens, realizing this, opt out by not voting. Others resort to negative voting.

In 2008 one out of three Republican voters told pollsters they were voting against Obama, not for McCain. Out in five Democrats voted against McCain, not for Obama.

A quarter of all votes cast in 2008 were “negative votes.” Thirty-eight percent of voters in the 2010 midterm elections crossed party lines from D to R “to send a message.”

To “get the government they deserve,” as master curmudgeon H.L. Mencken asserted, we would have to have a wide choice of options on the ballot. Two is pathetic.

Two parties isn’t even a facsimile of democracy.

Would you shop at a store that only offered two books? Two kinds of cereal? Two models of computers? Two brands of computer?

What about third parties? The Dems and Reps conspire to block the Greens, Libertarians, etc. with insurmountable obstacles. Minor parties can’t get campaign financing, ballot access, media coverage, or seats at presidential debates. So they rarely win.

“With a single elected president if you’re going to have a chance to win the states, which are all awarded on a winner-take-all basis, again you don’t have a chance,” John Bibby, University of Wisconsin professor and co-author of the book, “Two Parties—Or More? The American Party System” told PBS in 2004. “The incentive is to form broad-based parties that have a chance to win in the Electoral College.”

The argument that we, the people, are somehow to blame for the failings of “our politicians” is absurd. Even partisans of the two major parties are substantially dissatisfied with the nominees who emerge from the primary system.

Politics is not what happens on the first Tuesday after the first Monday in November. Real politics is the process of arguing about how we want to live. In America that happens over dinner with our families, over drinks with our friends, over the water cooler at work (if you still have a job).

What happens on Election Day is a circus, a farcical distraction meant to siphon away the vitality of real politics.

Real politics is dangerous. Real politics, as we saw in Cairo’s Tahrir Square, can actually change things.

The two-party system is a twisted con based on fear. If you don’t vote for Party A then Party B, which is slightly more evil, will win. If “your” Party A wins, all you get is the dubious, incremental pseudo-victory of somewhat less suckiness. But Party A gets something infinitely more valuable: political legitimacy and the right to claim a mandate for policies that you mostly dislike.

“Hey, you elected them.”

“You got the government you deserve.”

Not at all.

It’s a terrible, lopsided bargain. You get little to nothing. They use your vote to justify their policies:

No jobs.

One war after another.

Wasting your tax dollars.

Corruption.

More pollution.

(Notice: I didn’t specify which party. Compared to the vast spectrum of possible politics from left to right, which encompasses such ideologies as communism, socialism, left libertarianism, right libertarianism, fascism, etc., the Dems and Reps are more similar than different.)

Until there’s a revolution we’re stuck with these jokers. But that doesn’t mean we have to pay attention.

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL

SYNDICATED COLUMN: How Obama Helps Murder Our Inner Child

Blame Politicians’ Lies, Not Apathy

I can’t stop thinking about what Obama said about Christina-Taylor Green, the nine-year-old girl shot to death in Tucson.

Christina-Taylor, said the president, saw politics “through the eyes of a child, undimmed by the cynicism or vitriol that we adults all too often take for granted.”

Those are disturbing words. But not the way Obama intended.

Obama relies on a deeply flawed assumption: that becoming cynical is an inherent part of growing up.

That’s a lie. As American citizens travel the long road from childhood to adulthood to valued members of the AARP, their political system repeatedly lets them down. Cynicism is taught. Optimism is ruthlessly crushed.

People vote for politicians who break their promises. Disappointed by the limited choices offered by the two major parties, they pick one only to see it repeatedly sell out its purported principles. As year after year slips by they watch the problems they worry about go completely unaddressed, much less solved, by their so-called representatives.

On those rare occasions that “their” government impacts their lives, it does so negatively, with taxes, fines, paperwork, parking tickets. Meanwhile the pols fatten themselves and their cronies at the public trough (before moving on to the even richer private one).

Say you have an absentee parent who drinks up the grocery money and beats you up. To protect yourself you develop a bit of a shell. Who can blame you? When you finally stop talking to the deadbeat SOB, is it fair to call you cynical?

Hardly. You’re merely acknowledging reality. You’d be a fool not to.

In researching this column I found countless articles and studies that try to explain why the United States has one of the lowest voter turnout rates on earth. Almost all suggested ways to get more Americans to the polls. None focused on the supply side of the equation: improving politicians and politics so they become more appealing to the electorate.

Ask not, Mr. President, what Americans can do to become less cynical, but rather ask what you and your pals in D.C. can do to deserve our trust.

It’s interesting to ask why many Americans are registered to vote but rarely cast a ballot. (Usually whether or not a person is registered is the best predictor as to whether or not they actually vote.) A 2006 Pew Research survey found that 42 percent of these individuals were “bored by what goes on in Washington,” 14 percent were “angry at the government,” 32 percent said “issues in D.C. don’t affect me,” and 30 percent said “voting doesn’t change things.”

These people aren’t stupid or lazy. They’re cynical, and rightly so. They think the government is evil, irrelevant, or both. Lords knows politicians give them lots of reasons to hold those beliefs.

Start, for example, with President Obama himself.

In a September 2010 interview with Rolling Stone Obama claimed to have “accomplished 70 percent of the things that we said we were going to do—and by the way, I’ve got two years left to finish the rest of the list, at minimum.”

These politicians! Even in a line about keeping promises, the dude fudges facts. “Minimum”? You can’t assume a second term when you’re president. Moreover, no one who voted for Obama in 2008 wants to wait until 2016 to see the fulfillment of a 2008 promise.

Anyway, Obama has kept a mere 24 percent of his 2008 promises. That’s according to Politifact—and their assessment is generous.

Totally broken promises—promises Obama didn’t even pretend to try to keep—include the following:

He said he would close Guantánamo concentration camp.

He said he would pull U.S. troops out of Iraq.

He said he would create a $10 billion foreclosure prevention fund.

He said he would let the Bush tax cuts expire.

He said he would eliminate warrantless wiretaps.

He said he would eliminate extraordinary renditions.

He said he would eliminate torture.

He said he would create a transparent online database related to government ethics and lobbying activities.

He said he would close the revolving door between government and private sector lobbying.

He said he would create a national publicly funded healthcare system.

So many broken promises. No wonder so many optimistic kids turn into hardboiled adults.

Politicians lie and lie and lie. Then, when we notice, they accuse us of being faithless. Us! What about them?

“I want our democracy to be as good as Christina imagined it,” Obama said. “All of us—we should do everything we can to make sure this country lives up to our children’s expectations.”

No, Mr. Obama. “All of us” don’t have to do jack. It’s not our job to take an interest in politicians. It’s the politicians’ job to take an interest in us.

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)

COPYRIGHT 2011 TED RALL

Kick Back and Relax

Liberal bloggers and pundits say they’re taking a breather after eight years of Bush. After all, everything’s perfect now!

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