CENTER FOR AMERICAN PROGRESS ACTION FUND
The Progress Report
ADMINISTRATION
Bush Issues New Imperial Decree
Earlier this week, President Bush signed
the National Defense Authorization Act
of 2008, which included a statute forbidding the Bush administration
from spending taxpayer money
"to establish any military installation
or base for the purpose of providing for the permanent
stationing of
United States Armed Forces in Iraq."
But Bush quietly attached a
signing statement to the law,
asserting a unilateral right to disregard the ban on permanent bases in
addition to three other measures in the bill. "Provisions of the
act...could inhibit the president's ability to carry
out his constitutional obligations...to
protect national security,"
the signing statement read. Reacting to the statement, Center for
American Progress Senior Fellow Mark Agrast said, "On the merits, for
the president to assert that Congress lacks the
authority to say there shouldn't be permanent bases on foreign soil is
fanciful at best." Bush's
"frequent use of signing statements
to advance aggressive
theories of executive power has
been a hallmark of his presidency,"
writes the Boston Globe's Charlie Savage, who has authored
a book on that
topic. In 2006, the American Bar Association
condemned signing statements as
"contrary
to the rule of law and our
constitutional separation of
powers." Bush's latest signing statement was immediately met with anger
on Capitol Hill. "I reject the notion in his signing
statement that he
can pick and
choose which provisions of this
law to execute," said House Speaker
Nancy
Pelosi (D-CA). Sen. Carl Levin (D-MI) added, "Congress has a
right
to expect that the Administration will faithfully implement all of the
provisions" of the law -- "not just the ones the President happens
to agree with."
THE
POWER TO STAY IN IRAQ FOREVER:
Last November, Bush announced that he and Iraqi Prime Minister Nouri
al-Maliki had signed a "Declaration
of Principles for a Long-Term Relationship of Cooperation and Friendship"
that set the parameters for negotiating an "enduring"
U.S. occupation of Iraq. The negotiations have drawn fire in part
because the administration said it does
not intend to designate the
declaration as a "treaty," and so
will not submit it to Congress for approval. Bush's attempt to waive
the ban on permanent bases is
seen as one more step in the
direction of establishing a long-term U.S. presence in Iraq. "If Bush
is
allowed to negotiate a treaty with Iraq that binds the United States
under international law, the
next
president will be handcuffed,"
said John Isaacs, Executive Director
of the Council for a Livable World. The Guardian notes that permanent
bases
"are broadly
unpopular with Iraqis, who have
voiced fears of
an ongoing U.S. occupation." Rep. Lynn Woolsey (D-CA), who has led the
push to
prevent permanent bases, explained that Bush's statement is
"sending a dangerous signal to the people of Iraq that the U.S. has a
long-term interest in occupying their country, a
move
that will only
enflame the insurgency."
Speaking on the Senate floor yesterday,
Sen. Robert Casey (D-PA) said that while administration
officials
frequently state that they do
not intend to permanently occupy
Iraq, "this signing statement
issued by the
President is the clearest
signal yet that the
Administration
wants to hold this option in reserve."
THE
POWER TO PROTECT CONTRACTORS: Among
the other provisions in the Defense Authorization Act that Bush
asserted an unfounded right to ignore were two accountability measures
aimed at private security firms accused of wartime abuses. One
of these
provisions would establish an
independent, bipartisan Commission on
Wartime
Contracting. The Pentagon's inspector general, whose office conducts
internal
investigations, endorsed the commission's proposal, telling
lawmakers in a
November meeting, "We're leaning forward in the saddle,
we're
committed to this." Sen. Jon
Tester (D-MT) said, "The idea that the
president would stand in the way of a non-partisan,
independent committee to look into waste and fraud by companies like
Blackwater and Halliburton in Iraq is inexcusable and it's
irresponsible, and it ought
to
ruffle a lot of feathers across
the
country." The other
provision Bush waived would
extend whistleblower protections
to employees of defense
contractors. "The president doesn't have the authority to
cancel
these rights," said Tom Devine, legal director at the non-profit
Government Accountability Project, "unless he sends
in
troops to stop a jury from
hearing
whistleblower cases."
THE
POWER TO COVER UP: The
fourth and last provision of the law that Bush sought to ignore was a
requirement of the administration to turn over "any
existing intelligence assessment,
report, estimate or
legal opinion" requested by the leaders of the House and Senate Armed
Services committees within 45 days. The New York Times writes,
"Clearly, this violates
the power that Mr. Bush has
given himself to
cover up an array of illegal and improper actions, like his decisions
to spy on Americans without a warrant, to torture prisoners in
violation of the Geneva Conventions and to fire United States attorneys
apparently for political reasons."
Under the Radar
HUMAN RIGHTS -- MUKASEY CONTINUES TO HEDGE ON WHETHER WATERBOARDING IS TORTURE: Attorney General Michael Mukasey has again hedged on whether waterboarding fits the definition of torture. In a letter to Senate Judiciary Committee Chairman Pat Leahy (D-VT), Mukasey stopped short of offering a clear legal opinion on the harsh interrogation method because he alleged that "the CIA no longer uses the practice on prisoners." Mukasey wrote that a straight answer would not be appropriate because whether waterboarding is torture is "not an easy question." "There are some circumstances where current law would appear clearly to prohibit the use of waterboarding," said Mukasey. "Other circumstances would present a far closer question," he added, although he failed to define those circumstances. Mukasey's letter comes just days after former Director of National Intelligence John Negroponte offered the first clear acknowledgment by a government official that the United States had used waterboarding in terrorism interrogations. In a statement, Leahy offered a stern rebuke for Mukasey's continued dodging. Stating that Mukasey's letter "does not answer the critical questions we have been asking about [waterboarding's] legality," Leahy said that the Attorney General should expect "to be asked serious questions" at a Judiciary Committee hearing today.
ADMINISTRATION -- METHODIST MINISTERS TRY 'LAST DITCH EFFORT' TO BLOCK BUSH LIBRARY: In Nov. 2006, the New York Daily News reported that President Bush and "his truest believers" were launching "an eye-popping half-billion-dollar drive" to secure Southern Methodist University (SMU) as the home for the Bush presidential library and policy think tank. The idea was met with protests from SMU students, faculty, and staff, who wrote that they would "regret to see SMU enshrine attitudes and actions widely deemed as ethically outrageous." Now Methodist ministers "are mounting a last-ditch effort to block" the project. They argue that "church rules require that an agreement be submitted to the 290 elected delegates of the church's South Central Jurisdiction"; one minister predicted that about 35 percent of the delegates would oppose the library. A Methodist petition opposing the library boasts after only two weeks the signatures of 14 bishops, more than 600 United Methodist clergy, and more than 9,000 members of Methodist churches in the United States and Canada. The ministers object to Bush's "pre-emptive, first- strike war," his policies that "reward the rich, while punishing the poor," and "the torture of prisoners."
IRAQ -- TROOP REDUCTIONS MAY HALT AS U.S. OUTPOSTS IN BAGHDAD EXPAND: Last September, President Bush announced that the United States would withdraw five brigades from Iraq by mid-2008. While the first brigade began its departure last November, on Jan. 17, Defense Secretary Robert Gates said that "all available evidence" suggests that plans to withdraw the other four brigades remained on track, leaving 15 brigades in Iraq by July. Now "the Bush administration is sending strong signals that U.S. troop reductions in Iraq will slow or stop altogether this summer, a move that would jeopardize hopes of relieving strain on the Army and Marine Corps." While Gen. David Petraeus has said he is "concerned" about a "rush" to 10 brigades by the end of the year, "the Army in particular wants additional reductions to enable it to shorten Iraq tours from 15 months to 12 months. The longer tours are among pressures that Army leaders fear could break the force." At the same time, Maj. Gen. Jeffery W. Hammond, commander of U.S. forces in Baghdad, recently announced "plans to boost the number of neighborhood outposts across the [Iraqi] capital by more than 30 percent this year."
Think Fast
"Rep. Don Young (R-AK), who is under FBI investigation and faces a tough reelection fight, opened a legal defense fund earlier this month, according to House filings. The House ethics committee approved the defense fund Jan. 9, but it has not reported taking any donations yet, and Young spokesman Mike Anderson would not say if anyone had written checks."
The FBI is investigating 14 companies related to the subprime mortgage crisis for "accounting fraud, securitization of loans and insider trading, among other areas." The agency "is looking into allegations of fraud in various stages of the mortgage process, from companies that bundled the loans into securities to the banks that ended up holding them."
"Economic and employment opportunities are much on the minds of black voters during this presidential campaign season." Ronald Walters, a professor of government and politics at the University of Maryland, notes that "there is something of a permanent recession in the black community."
Nearly five years after the invasion of Iraq, allied countries have paid just 16 percent of "what they pledged to help rebuild the war-torn country," according to a new report by the Special Inspector General for Iraq Reconstruction. The biggest shortfalls in pledges are from Saudi Arabia and Kuwait.
"Weapons the U.S. provides to Iraqi security forces may still be ending up in the hands of terrorists, insurgents and criminals," Defense Department Inspector General Claude Kicklighter told Congress yesterday. A GAO report in July said the Pentagon could not account for 110,000 rifles and 80,000 pistols meant for Iraqi troops.
The U.S. military "is funding the construction of Islamic schools, or madrassas, in the east of Afghanistan in an attempt to stem the tide of young people going to radical religious schools in Pakistan."
According to a report from ret. Gen. James Jones and former U.N. ambassador Thomas Pickering, "Afghanistan risks sliding into a failed state and becoming the 'forgotten war' because of deteriorating international support and a growing violent insurgency."
And finally: Rep. Chris Shays (R-CT) explains his kiss to the President. "Joe Lieberman got a kiss from the president, so I thought I'd give him one back," said Shays. He later added, "I said some words of encouragement to the president as he walked by and he pulled me close and whispered something very thoughtful and kind in return."
Good News
The new National Defense Authorization Act "ensures unions keep their collective bargaining rights and that employees retain their civil service rights to appeal major disciplinary actions...the end of a four-year effort by a coalition of federal unions to fend off the department's plan to curtail their bargaining rights."
State Watch
CALIFORNIA:
"UnitedHealth, the nation's largest health insurer, faces
penalties of up to $1.3 billion from California regulators for
thousands of alleged violations."
OHIO: "Ohio's
attorney general wants to ensure that the state's poor and
uninsured pay the same prices for medical care as insurance companies."
VERMONT:
Town petition calls for the arrest of President Bush and Vice President
Cheney for "crimes against our Constitution."
Blog Watch
THINK
PROGRESS: Conservative crusade
on earmarks undermined by
conservatives.
OPEN
LEFT:
Sen. Russ Feingold (D-WI) explains the problems of flawed FISA
legislation in 30 seconds.
EMPTYWHEEL:
The problems with the Senate Intelligence Committee's FISA bill go
beyond retroactive immunity.
TPM
MUCKRAKER:
House Judiciary Committee invites former Ohio Secretary of State Ken
Blackwell to testify about voter suppression and irregularities in Ohio
in 2004.
Daily Grill
"[A] nation
that was once a safe haven for al Qaeda is now a young democracy where
boys
and girls are going to school, new roads and hospitals are being built,
and
people are looking to the future with new hope."
--
President Bush, 1/28/08,
on Afghanistan
VERSUS
"[Bush] didn't mention the violence that has killed 147
students and teachers, and closed 590 schools in the last year --
almost
as many as the 680 the U.S. has built."
-- AP, 1/30/08
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