Florida & Michigan

Over at TAPPED, Mark Schmidt has a sensible solution to the Michigan and Florida delegate situation, though it comes from an Obama standpoint. The short version is that Obama should let Florida’s delegates be seated as is in exchange for a new caucus in Michigan. This would give Clinton a gain in delegates that wouldn’t be fatal to Obama’s delegate lead, while removing a cudgel from Clinton’s hand. Like Schmidt, I doubt Clinton would take this deal, as it would clarify the tiny likelihood that she could overcome his pledged delegate lead.

Jason Rosenbaum has more on the DNC’s stance on a potential do-over.

Lessons on Unchecked Power

Glenn Greenwald:

A new report to be released this week by the IG, as confirmed yesterday by FBI Director Robert Mueller, details that these abuses continued unabated throughout 2006 as well. It seems there are a few brand new lessons that we can perhaps draw from these revelations:

(1) If unchecked power is vested in government officials, they’re going to abuse that power;

(2) If government officials exercise power without real oversight from other branches, they’re going to break the law and then lie about it, falsely denying that they’re done so, insisting instead that they’re only using their powers to Protect Us;

(3) Allowing government officials to engage in surveillance on American citizens with no warrant requirement ensures that surveillance will be used for improper ends, against innocent Americans.

Who could have guessed? How come nobody warned us about the dangers of “unchecked government power” and the need for checks and balances?

Indeed.

The story I posted earlier today about the FBI having a direct line into all information about telephone customers is another example of what happens when executive power goes unchecked. What is truly sickening is that the people elected to Congress, filling roles that are structurally and constitutionally design to check executive power, have repeatedly chosen to do nothing or, worse, facilitate an expansion of executive powers.

Republican Candidate Showing Netroots Savvy

Dean Barker of Blue Hampshire had an interesting email exchange with a Republican challenger to Paul Hodes (NH-02) and was given permission to publish it. Jim Steiner responded to a post by Dean on FISA and the exchange is interesting. They disagree on FISA and Dean had been cutting in his initial response to Steiner’s telecom immunity stance. One line stood out from the exchange. Steiner wrote:

I enjoy the approach you take, even in chiding me (or I would not read it), as you do so with a sarcastic vein of humor that is nonetheless accurate about my positions, and who I am, even if you (incorrectly) have reason to disagree.  One cannot ask for anything more from someone reflecting: (1) my position; and (2) addressing your own position with respect to my analysis.  Thank you for how you address the issues, as your post indicates at least a respect for acknowledging where I come from.

This is an impressive understanding of what Dean was doing as a blogger. I think Democratic candidates for office could take a lesson from Steiner on engaging directly with the bloggers who write about them.

I also think it’s interesting to see a Republican candidate doing direct outreach to a Democratic blog that will be actively working against him if Steiner is the GOP nominee for the NH-02. I wonder the extent to which that’s a quirk of New Hampshire’s fairly moderate, bipartisan political slant or something that we can expect to see more campaigns do in the future as bloggers like Dean become established political outlets in their home states.

Today’s Pie Fight

The delegate tallying in Texas from Tuesday isn’t even finished and already the Clinton and Obama campaigns have resumed nasty campaigning on a line that will guarantee even more nasty campaigning in coming days and weeks.

I’m with John Aravosis – Clinton was right in 2000 when she criticized Rick Lazio for not releasing his tax returns.
She should release hers now and her campaign should not falsely compare Obama to Ken Starr.

I was pretty ready for this campaign to be over, so the petty attacks and daily smears could be put behind us and we could focus on defeating John W. McCain and electing a Democrat. I don’t want to fixate on Clinton’s tax returns any more than I want to fixate on her campaigns negative attacks on Obama. But as the election continues, I will inevitably engage in the periodic pie fight because this blog is where I write about what I think and not much else.
Hopefully this pie-fight related post will suffice for today and not contribute to the liberal blogosphere’s descent into irrelevancy.

New Revelations of Telecom Partnership in Massive, Unfettered Surveillance

Kevin Poulsen at Threat Level reports on yet another disturbing instance of a telecom company partnering with the federal government to allow unfettered access to their customers voice and data traffic:

A U.S. government office in Quantico, Virginia, has direct, high-speed access to a major wireless carrier’s systems, exposing customers’ voice calls, data packets and physical movements to uncontrolled surveillance, according to a computer security consultant who says he worked for the carrier in late 2003.

“What I thought was alarming is how this carrier ended up essentially allowing a third party outside their organization to have unfettered access to their environment,” Babak Pasdar, now CEO of New York-based Bat Blue told Threat Level. “I wanted to put some access controls around it; they vehemently denied it. And when I wanted to put some logging around it, they denied that.”

Pasdar won’t name the wireless carrier in question, but his claims are nearly identical to unsourced allegations made in a federal lawsuit filed in 2006 against four phone companies and the U.S. government for alleged privacy violations. That suit names Verizon Wireless as the culprit.

According to his affidavit, Pasdar tumbled to the surveillance superhighway in September 2003, when he led a “Rapid Deployment” team hired to revamp security on the carrier’s internal network. He noticed that the carrier’s officials got squirrelly when he asked about a mysterious “Quantico Circuit” — a 45 megabit/second DS-3 line linking its most sensitive network to an unnamed third party.

Quantico, Virginia, is home to a Marine base. But perhaps more relevantly, it’s also the center of the FBI’s electronic surveillance operations.

“The circuit was tied to the organization’s core network,” Pasdar writes in his affidavit. “It had access to the billing system, text messaging, fraud detection, web site, and pretty much all the systems in the data center without apparent restrictions.” [Emphasis added]

This is as frightening a development as any other in the already widespread documentation of telecom companies partnering with the Bush administration to give intelligence and military agencies unprecedented, unregulated access to information about Americans. The surveillance described above is not regulated by warrant. It is not targeted. There is no indication that it is minimized. And the nature of the circuit means that the government has the ability to track the physical location of this telecom company’s customers, as well as their financial records, voice, text, and data transmissions.

Equally troubling is that this telecom resisted all efforts by Pasdar to not only limit the government’s access to this massive stream of information, but keep track of what is being transmitted through the circuit.

Two general principles make themselves crystal clear in this story. The Bush administration has sought and achieved unprecedented capacities to spy on Americans without warrant and without regard to duly passed, long standing laws regarding domestic surveillance. The big telecom companies have been willing partners in this process at almost every step. The big telecom companies have been willing partners in this process at almost every step. These companies and this administration must be held accountable for their lawlessness and their repeated, systemic violations of Americans’ civil liberties.

***

Cross posted at the CREDO Action Blog.

Boston College & Mukasey

Yesterday ThinkProgress highlighted a story about Boston College Law School deciding to not honor Attorney General Michael Mukasey as planned when he speaks at their commencement this spring. Mukasey’s selection as the commencement speaker has been the subject of criticism because of his stance on torture.

Dan Roth, a 2004 Law School graduate, said that while he was pleased by yesterday’s announcement, he believes that the school should have rescinded Mukasey’s invitation altogether, because his position on waterboarding conflicts with the university’s Jesuit mission.

“It’s not the time to give someone who has taken that position the platform and the honor,” Roth said.

Eagleionline, the BC Law Blog, includes this quote from my former co-blogger at Emboldened, Austin Evers.

Austin Evers ‘09, who currently serves as the President of the Boston College Law School chapter of the American Constitution Society (ACS), said, “This is good news. It is dangerous to conflate an invitation to speak with an endorsement of the speaker’s views by the institution. Attorney General Mukasey is still very controversial but I think this goes a long way to clarifying BC’s position on the matter.”

Evers is currently working with the administration to host an event on waterboarding and other issues surrounding the Attorney General’s invitations. He is also Managing Editor of Eagleionline.

I think we’re going to continue to see Bush administration officials have their speeches and awards protested and, hopefully, canceled thanks to student and alumni pressure on their schools.  In January students at Choate Rosemary Hall, a prep school in Connecticut, successfully protested the selection of Karl Rove as their commencement speaker. When Rove’s speech was rescheduled, students showed up and challenged not just his presence, but his damaging political views. Hopefully the Choate model will play out at BC and Mukasey will eventually be canceled as this year’s commencement speaker. But if he does end up speaking, I would expect students to continue to protest his presence on campus as representative of an administration that holds views contrary to the rule of law and their school’s mission.

What’s the Point?

Thomas Young of Lead or Get Out of the Way asks:

What is the point of feigning that you object to a single party government when all you do is help an Executive who thinks he is King.

What is the point of taking the flak that comes from the right wing when you refuse to cave, the threats that Democrats are making us less safe every day they delay — when you have no intention of keeping up the fight?

What is the point of that when you just give in?

Do they think Republicans won’t attack them for stalling?  Now that they’ve caved entirely, they’re admitting that Bush was right and that they were putting America at risk by not letting George W. 19% illegally spy on citizens.

Republicans WILL attack them.  That’s what Republicans do.  They consolidate power and use it for the purpose of the party’s ideology and to continue it’s health.

If Democrats merely help Republicans do what Republicans want to do, then what is the point of the Democrats?

Democrats don’t enforce their oversight powers. Even when the opposition has admitted to committing crimes.
Democrats instead grant even more power to the lawbreaking Executive. Indeed, doing the very opposite of oversight, they grant retroactive immunity to the criminals for the crimes they committed.

And at the end of the day the Democrats will be attacked for not having completely caved fast enough.

What is the point of the Democratic Party?

I don’t have a ready answer. Normally I’d say that the Democratic Party is the best means for achieving progressive governance in America. But that presumes that when elected, Democrats actually stand up for progressive principles.  With a few exceptions, these Democrats are not doing that.

The Future Is Bright

In case you were wondering, Senate Guru already has projections for the Republicans up for re-election in 2010. SG writes:

Over a year ago, I took a first glance at the 2010 races, which feature 19 Republican-held seats up compared with 15 Democratic seats.  Among those up for re-election are 8 Republican Senators who will be at least 70 years old on Election Day 2010, compared with only 4 Democratic Senators.

Looking at the projections, many of these races already look very favorable. We have a lot of talent and they have a lot of old candidates.

What is even more exciting is what the quality of the 2010 crop means for the chances of a Democratic super majority in the Senate by January 2011. If we can pick up 4-6 seats this cycle, which is by no means assured, we would be within shouting distance of a super majority. Then we can talk seriously about Medicare for all, a slate of social safety net programs, and Keynesian spending on infrastructure that will ensure prosperity for many, many, many years to come.

Reforming the Nominating Process

No matter who you’re pulling for, the Democratic nomination process has revealed a number of serious flaws. Or at least a number of areas of the process that have become issues for the nomination. At minimum I would include:

1. The scheduling of caucus/primary dates
2. The DNC’s response to how states schedule caucus/primary dates
3. The existence of super delegates
4. The number of super delegates
5. The existence of caucuses
6. The existence of primary/caucus hybrids
7. The methods for apportioning pledged delegates based on a wide variety of systems (by state senate district, congressional district, past turnout, etc)
8. Awarding delegates proportionally [Ed.: Added after posting]

I’m not casting judgment on any of these issues, but it is worth noting that both major Democratic campaigns have complained about many of the things on this list. Party members, bloggers, and activists have complained. A large part of the election story has been about how fouled up the process has been and how murky the process has kept the nomination.

If we wanted to work on changing the rules for some or all of these areas of concern, what would it take? Where would it have to take place? I have to imagine that it is likely that there will be a new Hunt-style commission to reform how Democrats pick their nominee. If so, how do we get grassroots progressives on it?

Separate from whoever you want to win, I think it’s very clear that the process needs reform. Rather than complaining about the need for reform as a vessel for partisan gain, we should be thinking now about what would have to be done to make this process work better, be more democratic, and be less susceptible to criticism.