As Goes the Chevy Volt, So Goes America?

Yes, I'm being a bit cruel, posting this the week that GM will probably declare bankruptcy. But that may make the question more apt. As I told you all a million weeks ago, I had the opportunity to drive a mule version of the Chevy Volt around GM's Tech Center about a month ago.

Wood v. Kagan on Executive Power

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emptywheel
According to a story by Charlie Savage, if we want to hold the line on executive power, we had better hope Obama doesn't pick Elena Kagan to be the next SCOTUS justice.

John Rizzo's Nomination and the Bybee Two Memo

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emptywheel
Jay Rockefeller appears to have demanded documents pertaining to Rizzo's role in the Bybee Two memo in relation to his confirmation hearing. And it appears that CIA Director Michael Hayden told Jello Jay to fuck off.

Fast Trash!

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emptywheel
I've been busy lately; sorry about that. On a positive note, that is likely good for you readers. Nevertheless, this is the fastest and most awesomest weekend imaginable, it is a holiday weekend and time to blow some trash talk around. There is a convergence on Sunday of the Grand Prix du Monte Carlo (Monaco), the Indianapolis 500 and, yes Elizabeth, those good ole boys will be circle jerkin
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Preventative Detention and Our Crimes

When I think of indefinite detention, I think of all the reasons the government might prefer to use it with Zubaydah rather than admit the colossal mistakes the Bush Administration made with its torture program.

WaPo Doubles Down on Conflict Over Truth

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emptywheel
In spite of the fact that it is becoming increasingly clear to the rest of the media that Porter Goss and Nancy Pelosi agree that they were not briefed that the CIA had already been torturing prisoners in September 2002, the WaPo has decided to double down on deliberately misreading events.

Breaking! Judge Walker Gets Ready to Penalize the Government in al-Haramain

Judge Walker appears to have lost his patience with the government's obstinance in al-Haramain. He just gave the government one week to explain why he shouldn't just rule in al-Haramain's favor and impose penalties. As the court understands the situation: 1. The United States has completed suitability determinations for two of plaintiffs’ attorneys and found them suitable for TS/SCI clearances, but government officials in one or more defendant agencies, including the NSA Director

Did Abu Zubaydah's Torture Begin After May 28, 2002?

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emptywheel
I increasingly suspect that the torture index provided to ACLU may better pinpoint the day when Abu Zubaydah's torture began. Here are they key datapoints. April 13, 2002: CIA starts taping Abu Zubaydah interrogations. April 16, 2002: Bruce Jessen circulates draft exploitation plan to JPRA Commander. April 2002: CIA OGC lawyers begin conversations with John Bellinger and John Yoo/Jay Bybee on proposed interrogation plan for Abu Zubaydah.
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The Context of the Torture Index

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emptywheel
I wanted to return to the torture index released to ACLU the other day to comment on what the CIA claims to have in terms of records. First, remember what this index is. The April 21 order required CIA to turn over two things. Records "relating to the content" of the torture tapes "from the entire period of the tapes that were destroyed" (This stuff is referred to as "Paragraph 3"

Gallup Polls Public Approval on Innocent Bystanders, But Not Torturers

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emptywheel
Gallup does a public opinion on torture. And somehow forgets to ask about public opinion on the torturers.

Victory Is Mine!!!!

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emptywheel
Finally, a TradMed source who can read the English language!!!

Dick Asks Obama to Wave His Magic Wand

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emptywheel
During the week that Dick Cheney ordered Libby to out Valerie Plame, Mary Matalin told Libby that "Bush" should order everything on the Wilsons declassified (it's not clear whether Matalin meant this to include Plame's identity or not). She said "the President should wave his magic wand" to declassify the oppo on the Wilsons.

Joe Miller of FactCheck.Org Got Played for a Fool

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emptywheel
You'd think after Porter Goss once again failed to refute Nancy Pelosi's central assertion, "Fact Check" organizations would get the hint. But no--they're still out there refuting themselves!! Here are the details that FactCheck.Org uses to claim that, So we're left with Democrats offering one (not always entirely accurate) story and the CIA and some Republicans offering a different (and, again, not always entirely accurate) story.
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Gitmo as OUR Recruitment Tool

The NYT is out with another report of the Pentagon stat that 14% of those released after being held in Gitmo subsequently engaged in terrorism. An unreleased Pentagon report concludes that about one in seven of the 534 prisoners already transferred abroad from the detention center in Guantánamo Bay, Cuba, has returned to terrorism or militant activity, according to administration officials.

Goss Won't Elaborate on Torture Techniques that "Were To Be Employed"

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emptywheel
Greg Sargent tries to pin down Porter Goss on his weasely statement that Nancy Pelosi should have known that torture techniques "were to be employed." But Goss declined to be pinned down further.

Senator Bob Graham Clarifies His Briefing

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emptywheel
Bob Graham clarified that, in addition to the Office of Congressional Affairs, there were others in his September 2002 briefing purportedly on torture.
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Obama "Looks Forward" on Financial Fraud, Too

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emptywheel
Obama just issued a signing statement that seems to reflect a desire to "look forward" on financial fraud in teh same way he's looking forward on all Bush's abuse of power.
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John Durham's Torture Tape Documents

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emptywheel
Jason Leopold reported on and posted a late update to the ongoing torture tape FOIA exchange. If I read the latest exchange correctly, Special Prosecutor John Durham is at least identifying--and potentially making available through FOIA--a number of recent documents on the torture tape destruction. Today's letter does two things. First, it withdraws John Durham's objection to Judge Hellerstein's order that: The government shall produce documents relating to the destruction of the
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