John Boehner Thinks We’re “Broke” But He’s Willing To Splurge
When the Obama administration announced that it no longer considers the Defense of Marriage Act constitutional, and would stop defending the law against court challenges, officials told Congress it could step in and defend DOMA if it wants to. Soon after, Speaker John Boehner (R-Ohio) said the House would gladly to just that.
Yesterday, Boehner’s office announced it has hired former Bush Solicitor General Paul Clement to defend the discriminatory law, which seems like a wise choice. Clement is an accomplished attorney with extensive experience who’ll no doubt do a capable job.
But Clement is also a very well paid D.C. attorney, and House Minority Leader Nancy Pelosi (D-Calif.) would like to know what Boehner expects this little culture-war endeavor to cost. For that matter, Pelosi found it curious that the Speaker hired an attorney to represent the House, but hasn’t shared the contract with other congressional leaders.
Today, the picture started coming together.
House Republicans plan to pay former Solicitor General Paul Clement and his legal team from King & Spaulding as much as $500,000 of taxpayer money to uphold the Defense of Marriage Act (DOMA) on behalf of House of Representatives, according to a document obtained by the Huffington Post.
“The General Counsel agrees to pay the Contractor for all contractual services rendered a sum not to exceed $500,000.00,” the Contract for Legal Services obtained by The Huffington Post says. The cap could be raised “by written agreement between the parties with the approval” of the House, the document states.
The hourly rate that King & Spaulding will be receiving is $520 per hour — which could actually be considered a deal. Some reports say that the firm’s top attorneys receive as much as $900 per hour.
Pelosi spokesperson Drew Hammill told Amanda Terkel, “The hypocrisy of this legal boondoggle is mind-blowing. Speaker Boehner is spending half a million dollars of taxpayer money to defend discrimination. If Republicans were really interested in cutting spending, this should be at the top of the list.”
That seems more than fair. After all, Boehner has been running around for months, falsely claiming, “We’re broke.” It’s how he justifies proposed cuts in critical areas like education, medical research, infrastructure, job training, and homeland security, even if it makes the jobs crisis much worse.
But if we’re actually broke, shouldn’t House Republicans want to save $500,000 of our money, and not give it to one high-priced lawyer to defend an anti-gay law?
By: Steve Benen, Washington Monthly, Political Animal, April 19, 2011
Even At Guantanamo, A 9/11 Trial Can Serve Justice
It’s official. Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11, 2001, attacks, will be tried by a military commission at Guantanamo Bay.
He will not be tried in Manhattan in the shadow of the World Trade Center. He will not be tried before the vast majority of the victims’ families. Nor will he be tried in any federal court. Instead, he will be tried offshore in a military commission process established in 2009 and yet to be tested. It is likely that he will be convicted of conspiring to plan and commit the attacks of 9/11 and that, he, along with his four co-defendants, the other 9/11 detainees at Guantanamo, will be given life sentences, if not the death penalty.
For those of us who have fought vociferously for the use of the federal court system to try terrorism suspects, the Obama administration’s decision is, on its surface, a defeat. The numbers make it clear: Since the Sept. 11 attacks, 174 individuals have been convicted of jihadi-related terrorism in federal court, an 87 percent conviction rate, according to the most recent figures from the NYU Center on Law and Security terrorist trial report card.
From the early 1990s on, the courts have learned how to handle the challenges of terrorism cases, from classified or tainted evidence to the relevance of al-Qaeda’s strategic and tactical goals. The abandonment of the hard-earned professionalism of the judges, prosecutors and defense attorneys is a loss.
But it is not a defeat for justice itself. It is time to give up our long-standing protest and consider the good that can come from these trials — even if they are held at Guantanamo, and even if they are conducted by the military.
In prosecuting Mohammed, we will be trying the individual without whom there presumably would have been no 9/11 attack; the fact that he is secondary to Osama bin Laden in al-Qaeda’s hierarchy does not reduce his guilt. In a sense, he is the Eichmann of the attack, and his trial is no less important than was that of Hitler’s operational director.
Trying Mohammed and his co-conspirators for a crime that took place 10 years ago can only be seen as a positive. It is unfair that the country has waited this long to bring to justice anyone directly linked to 9/11. If part of the purpose of trials is to bring closure to the open wounds that result from wrongdoing, then the trial matters more than the venue, the jurisdiction or even the system itself.
The country’s need for some sort of closure around the Sept. 11 attacks was illustrated in part by the fear of having this trial in Manhattan. Although it is likely that few victims’ families will now be able to watch the proceedings in person, they will know what is happening, and they will be able to achieve some sense of justice and begin to heal.
There is a further benefit. The details of the 9/11 conspiracy remain a mystery to much of the American public. The trial will turn mystery into fact.
At present, we know generally about bin Laden, al-Qaeda’s determination to harm the United States and the failures of U.S. intelligence. But we don’t know details about these five men and their step-by-step intersection with the attacks — details that were outlined in the criminal indictment that was unsealed in New York this past week. The indictment lists the sequence of activities that made up the attacks and highlights the criminality of the conspiracy. Presumably, those facts will be central to the evidence presented at trial at Guantanamo.
The 9/11 attacks were a carefully conceived and coldheartedly implemented plot of immense destruction. They were not the work of men with superhuman powers, as al-Qaeda terrorists are often portrayed. Better knowledge of the story will not diminish the magnitude of the harm, but it will probably diminish the powerful mystique that so often surrounds al-Qaeda. Reducing the organization to flesh-and-blood figures, to individuals rather than a vast and dangerous specter, will be hugely significant in teaching the country that, although al-Qaeda is an enemy that arguably perpetrated the worst crime in American history, it is not invincible.
Admittedly, there are numerous pitfalls that threaten the military commission system. These trials will differ from those in the federal system in several ways. They will rely on a panel of at least five military judges, and the evidentiary standards will not be the same as those in federal court, though it is unlikely that evidence attained by torture will be allowed. There will be broader allowances for hearsay, and access for families to view the proceedings will be more limited.
In addition, there are worries — which would come with any trial — about giving a platform to Mohammed and his ideological pronouncements. Even the possibility of the death penalty is problematic, as he has expressed a desire to be martyred. In addition, the judges must able to keep the defendants and the courtroom under control, and the track record of trials at Guantanamo has fallen well below standards for evidence, legal tactics and courtroom decorum.
The fact is that this trial is going to take place. It’s not ideal. I would have preferred to see the case in the civilian courts. But a military trial is far preferable to the perpetual limbo of indefinite detention without trial — the very definition of Guantanamo.
The trial of Mohammed and his co-conspirators will signify a step forward in the nation’s ability to counter terrorism in a rational fashion. Rather than assume that the proceedings will fall below the standards of federal courts, let’s expect wise judgment in place of retributive justice. Let’s look for an enlightened use of the leeway provided by the Military Commissions Act. Let’s hope that, despite the unique limitations and allowances of that law, the presiding judge will keep this trial as close to the federal standards as possible.
These proceedings, nearly 10 years in the making, are likely to set the precedent for how this country tries terrorism suspects. Although it is outside the federal justice system, this trial could begin to restore the nation’s confidence in its ability to administer justice to even the most vile criminals — a confidence that may one day return trials for detainees in the war on terror to the nation’s long-tested federal courts system.
By: Karen J. Greenberg, The Washington Post, April 8, 2011
KSM Decision: Place The Blame Where Blame Is Due
Many in the media, and many more of President Obama’s detractors from the left, are hitting his administration pretty hard today for this reversal. The development is obviously disappointing, but if we’re assigning blame, let’s at least direct at those responsible.
In a major reversal, the Obama administration has decided to try Khalid Sheikh Mohammed for his role in the attacks of Sept. 11 before a military commission at Guantanamo Bay, Cuba, and not in a civilian courtroom.
Attorney General Eric H. Holder Jr. is expected to announce on Monday afternoon that Mr. Mohammed, the self-described mastermind of the attacks, and four other accused conspirators will face charges before a panel of military officers, a law enforcement official said. The Justice Department has scheduled a press conference for 2 p.m. Eastern time.
Mr. Holder, who had wanted to prosecute Mr. Mohammed before a regular civilian court in New York City, changed his mind after Congress imposed a series of restrictions barring the transfer of Guantanamo detainees into the United States, making such a trial impossible for now, the official said.
Even that last sentence is awkward — the Attorney General “changed his mind” after Congress “imposed a series of restrictions”? That’s a bit like saying I changed my mind about getting up after I was tied to my chair.
Holder told reporters this afternoon that his original decision was still the right one, but blamed Congress for “tying our hands.”
He happens to be right. Even today, Holder wants to do the right thing, and so does President Obama. And yet, Gitmo is open today, and KSM will be subjected to a military commission in the near future, not because of an administration that backed down in the face of far-right whining, but because congressional Republicans orchestrated a massive, choreographed freak-out, and scared the bejesus out of congressional Democrats. Together, they limited the White House’s options to, in effect, not having any choice at all.
There’s plenty of room for criticism of the administration, but those slamming Obama for “breaking his word” on this are blaming the wrong end of Pennsylvania Avenue.
By: Steve Benen, Political Animal, Washington Monthly, April 4, 2011
Former Attorney General Mukasey Lobbies For U.S. Chamber To Gut Foreign Bribery Law
Bush’s attorney general (not Gonzales, the much less incompetent but equally malevolent) Michael Mukasey has a new gig in which to ply his talents: making it easier for corporations to bribe foreign governments. The Foreign Corrupt Practices Act (FPCA) is intended to stop U.S.-based multinational corporations from bribing foreign governments. Unlike the previous administration’s Department of Justice, under Mukasey, the Obama DOJ is enforcing the law.
Under Obama, the department collected more than $1 billion in fines during fiscal year 2010, the most the government has collected in the law’s 38-year history, and more than ten times the $87 million collected in 2007 by the Bush Administration.
The U.S. Chamber can’t have that, so of course, they’ve hired Mukasey to lobby Congress to amend the law.
Debevoise & Plimpton, where Mukasey is a partner, filed lobbying registration papers on his behalf this month, according to Senate records. The registration is for the Chamber’s Institute for Legal Reform and is effective back to March 3. It covers possible FCPA amendments and other issues “related to criminal law and policies affecting U.S. corporations.”The Chamber has become increasingly critical of the FCPA in recent months. It argues that the law, which allows the U.S. government to seek charges against corporations and individuals for bribes paid to local officials in other countries, is not working well and could be making U.S. companies less competitive.
In October, the Chamber released a policy paper proposing several specific changes to the law. The ideas included adding a “compliance defense,” so that a company could not be held criminally liable when an employee circumvents reasonable internal procedures….
When the Chamber released its proposals, Mukasey attended its annual legal summit and moderated a panel discussion on the FCPA. He noted the sharp rise in the Justice Department’s enforcement of the law during the past decade. “The expansion in prosecutions and investigations of course has brought a great deal of anxiety to companies in the United States,” he said, according to video of the panel.
See, the law “is not working well” when it is actaully enforced, that’s the message from Bush’s attorney general. That’s no great shock, given the Bush administration’s attitude toward the rule of law, but still pretty ironic. From an actual rule of law standpoint, the law seems to be working pretty well as enfroced. But the U.S. Chamber, and Mukasey, certainly can’t have that.
By: Joan McCarter, Daily Kos, March 18, 2011
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