A Literature Review of Recent Evaluations of the Bush Presidency
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16-1650 Fields Amicus Final 10-31-16
Case: 16-1650 Document: 003112449962 Page: 1 Date Filed: 10/31/2016 NOS. 16-1650 & 16-1651 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT RICHARD FIELDS, PLAINTIFF-APPELLANT, v. CITY OF PHILADELPHIA, et ano, DEFENDANTS-APPELLEES. AMANDA GERACI, PLAINTIFF-APPELLANT, v. CITY OF PHILADELPHIA, et al., DEFENDANTS-APPELLEES. On Appeal from the Memorandum and Order Granting Partial Summary Judgment Dated February 19, 2016, at United States District Court for the Eastern District of Pennsylvania Case Nos. 14-cv-4424 & 14-cv-5264 The Honorable Mark A. Kearney, United States District Court Judge BRIEF OF AMICUS CURIAE ELECTRONIC FRONTIER FOUNDATION IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL Sophia Cope Adam Schwartz ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Email: [email protected] Telephone: (415) 436-9333 Counsel for Amicus Curiae Case: 16-1650 Document: 003112449962 Page: 2 Date Filed: 10/31/2016 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Amicus Curiae Electronic Frontier Foundation states that it does not have a parent corporation and that no publicly held corporation owns 10% or more of its stock. ii Case: 16-1650 Document: 003112449962 Page: 3 Date Filed: 10/31/2016 TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT ........................................................ ii TABLE OF CONTENTS ........................................................................................ iii TABLE OF AUTHORITIES ................................................................................... -
An Open Letter on the Question of Torture
1 Torture, Aggressive War & Presidential Power: Thoughts on the Current Constitutional Crisisi Thomas Ehrlich Reifer October 2009 Abstract: This chapter analyses the intersection of torture, aggressive war and Presidential power in the 21st century, with particular attention to the current Constitutional crisis and related international humanitarian/human rights law, including treaties signed and ratified by the U.S., from the Geneva Conventions to the U.N. Convention Against Torture. America's embrace of a ªliberal culture of tortureº af1ter 9/11 is examined, as well as the road leading from Bagram Air Base to Guantanamo to Abu Ghraib. Prospects for change are also analyzed, in light of revelations about the role of both the Democrats and Republicans in policies of torture, extraordinary rendition and aggressive war, past and present. For Sister Dianna "Why is there this inability to reckon with the moral and spiritual facts?"ii ªThe abuse of detainees in U.S. custody cannot simply be attributed to the actions of `a few bad apples' acting on their own. The fact is that senior officials in the United States government solicited information on how to use aggressive techniques, redefined the law to create the appearance of their legality, and authorized their use against detainees.ºiii 2009 initially brought sharp relief to torture abolitionists in the U.S. and around the world, as President Obama, in his first week in office, signed three executive orders 1) closing Guantanamo in a year 2) creating a task force to examine policies towards prisoners caught up in the ªwar on terrorº and 3) mandating lawful interrogations in compliance with the Army Field Manual and thus international agreements. -
Groupthink, the News Media, and the Iraq War
Journal of Military and Strategic Studies, Summer 2008, Vol. 10, Issue 4. COHERENCE IN CRISIS: GROUPTHINK, THE NEWS MEDIA, AND THE IRAQ WAR Dan Fitzsimmons, Ph.D Student, Department of Political Science, University of Calgary From the outset of the American military intervention in Vietnam in 1964, the United States news media has had the capacity to report military engagements from around the world in real time.1 Instantaneous and pervasive news coverage has helped to inform the American public and politicians of ongoing military operations, which has led to obvious questions about the possible influence of news on military strategy.2 This assumption has only gained popularity following studies of news media influence in Vietnam, which has prompted further investigation of the possible links between US military strategy and the media.3 The proponents of this termed “CNN effect,” which hypothesizes a causal link between media reporting and politico-military decisions, include Steven Livingston of George Washington University who proposes that the viewing of images on television “undeniably influences the evolution of events.”4 However, proponents of the CNN effect have frequently failed to take into account the important role of strategic decision-making in setting the course of 1 Margaret H. Belknap, The CNN Effect: Strategic Enabler or Operational Risk? (Carlisle Barracks, PA: US Army War College, 2001), p. 1. 2 Ingrid A. Lehmann, "Exploring the Transatlantic Media Divide over Iraq: How and Why U.S. And German Media Differed in Reporting on U.N. Weapons Inspections in Iraq: 2002-2003," The Harvard International Journal of Press/Politics 10, no. -
Human Rights Watch All Rights Reserved
HUMAN RIGHTS Delivered Into Enemy Hands US-Led Abuse and Rendition of Opponents to Gaddafi’s Libya WATCH Delivered Into Enemy Hands US-Led Abuse and Rendition of Opponents to Gaddafi’s Libya Copyright © 2012 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-940-2 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org SEPTEMBER 2012 ISBN: 1-56432-940-2 Delivered Into Enemy Hands US-Led Abuse and Rendition of Opponents to Gaddafi’s Libya Summary ........................................................................................................................................... 1 Key Recommendations.................................................................................................................... -
Pdfamicus Brief of Electronic Frontier Foundation
Case: 16-1650 Document: 003112449962 Page: 1 Date Filed: 10/31/2016 NOS. 16-1650 & 16-1651 IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT RICHARD FIELDS, PLAINTIFF-APPELLANT, v. CITY OF PHILADELPHIA, et ano, DEFENDANTS-APPELLEES. AMANDA GERACI, PLAINTIFF-APPELLANT, v. CITY OF PHILADELPHIA, et al., DEFENDANTS-APPELLEES. On Appeal from the Memorandum and Order Granting Partial Summary Judgment Dated February 19, 2016, at United States District Court for the Eastern District of Pennsylvania Case Nos. 14-cv-4424 & 14-cv-5264 The Honorable Mark A. Kearney, United States District Court Judge BRIEF OF AMICUS CURIAE ELECTRONIC FRONTIER FOUNDATION IN SUPPORT OF PLAINTIFFS-APPELLANTS AND REVERSAL Sophia Cope Adam Schwartz ELECTRONIC FRONTIER FOUNDATION 815 Eddy Street San Francisco, CA 94109 Email: [email protected] Telephone: (415) 436-9333 Counsel for Amicus Curiae Case: 16-1650 Document: 003112449962 Page: 2 Date Filed: 10/31/2016 CORPORATE DISCLOSURE STATEMENT Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, Amicus Curiae Electronic Frontier Foundation states that it does not have a parent corporation and that no publicly held corporation owns 10% or more of its stock. ii Case: 16-1650 Document: 003112449962 Page: 3 Date Filed: 10/31/2016 TABLE OF CONTENTS CORPORATE DISCLOSURE STATEMENT ........................................................ ii TABLE OF CONTENTS ........................................................................................ iii TABLE OF AUTHORITIES ................................................................................... -
5 Questions for David Corn
for the friends of FROM JAY HARRIS… Welcome to the firstdigital edition of “The Insider”! With this issue, we’re not only lightening our enviro footprint, we’ve also been able to snazz up the graphics. But there’s more than just new packag- ing—there’s lots of meaty news as well. In an era of huge concern about the future of good reporting, Mother Jones has been invited into the Journalism Club. The club doesn’t have yearbook pictures or a secret handshake (if we did, we’d never be able to keep it secret), but being acknowledged for great reporting and high standards has earned us entry. David Corn and the reporters in our DC bureau have sufficiently scooped their way into prominence. Meanwhile, even the New York Times has deemed Mother Jones a “role model”(page 5). We’re drawing notice in other areas as well. San Francisco Mayor Gavin Newsom officially declared March 28, 2009, “Mother Jones Day” in our home city. That honor comes with some nice perks — it turns out you can’t get arrested on your day — only they didn’t tell us that until late in the evening. Were they worried we’d put it to the test? That recognition came in the midst of a great Mother Jones event: an evening with MSNBC star Rachel Maddow. Rachel is the hardest-working host in TV news, and her intelligence, work ethic, and wit showed—it was a rockin’ good time. A big thank you to the host committee and everyone who turned out! Why did you decide to attend the and broadcast networks, the White House press briefings? major wires, and the national The daily press briefings give you newspapers sit in the front two a preview of both how the White rows. -
Case 1:17-Cv-02041 Document 1 Filed 10/03/17 Page 1 of 14
Case 1:17-cv-02041 Document 1 Filed 10/03/17 Page 1 of 14 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA ----------------------------------------------------------------X : MIKHAIL FRIDMAN, PETR AVEN, AND : GERMAN KHAN, : Case No. _____/2017 c/o CARTER LEDYARD & MILBURN LLP : 2 Wall Street : New York, NY 10005, : COMPLAINT : Plaintiffs, : : -v- : : BEAN LLC (A/K/A FUSION GPS) AND : GLENN SIMPSON, : 1700 Connecticut Avenue, Suite 400 : Washington, D.C. 20009, : : Defendants. ----------------------------------------------------------------X COMPLAINT Plaintiffs Mikhail Fridman, Petr Aven, and German Khan, by their attorneys Carter Ledyard & Milburn LLP, allege as follows: INTRODUCTION 1. This is a defamation case brought by three international businessmen who were defamed in widely disseminated political opposition research reports commissioned by political opponents of candidate Donald Trump. The reports (which came to be known as the “Trump Dossier” and the “Dossier”) were published in advance of the 2016 presidential election by the Defendants: the Washington, D.C. based firm Fusion GPS (“Fusion”) and its principal Glenn Simpson, a former journalist specializing in political opposition research. In that role, the Defendants traffic in procuring damaging 8109453.2 Case 1:17-cv-02041 Document 1 Filed 10/03/17 Page 2 of 14 information about political candidates. The reports are gravely damaging in that they falsely accuse the Plaintiffs—and Alfa (“Alfa”), a consortium in which the Plaintiffs are investors—of criminal conduct and alleged cooperation with the “Kremlin” to influence the 2016 presidential election. But neither the Plaintiffs nor Alfa committed any of the acts irresponsibly attributed to them by the Defendants. To the contrary, the Plaintiffs and Alfa are collateral damage in a U.S. -
Reining in the Imperial Presidency
REINING IN THE IMPERIAL PRESIDENCY VerDate Nov 24 2008 23:13 Apr 07, 2009 Jkt 048026 PO 00000 Frm 00001 Fmt 6019 Sfmt 6019 E:\HR\OC\G026A.XXX G026A hsrobinson on PROD1PC76 with HEARING with PROD1PC76 on hsrobinson VerDate Nov 24 2008 23:13 Apr 07, 2009 Jkt 048026 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 E:\HR\OC\G026A.XXX G026A hsrobinson on PROD1PC76 with HEARING Reining in the Imperial Presidency: Lessons and Recommendations Relating to the Presidency of George W. Bush C O N T E N T S Page Foreword ................................................................................................................ 1 Executive Summary ............................................................................................. 9 Preface: Deconstructing the Imperial Presidency ...................................... 17 I. The September 25, 2001 War Powers Memorandum .................................... 20 II. Critique of John Yoo’s Flawed Theory of Presidential Supremacy .............. 25 III. The Need for a Judiciary Committee Staff Report ........................................ 32 Section 1—Politicization of the Department of Justice ............................. 33 I. Politicization of the Prosecution Function ...................................................... 35 A. Hiring and Firing of U.S. Attorneys and other Department Personnel ......................................................................................... 35 B. Selective Prosecution ............................................................................ 42 II. Politicization -
The Fraudulent War, Was Assembled in 2008
Explanatory note The presentation to follow, entitled The Fraudulent War, was assembled in 2008. It documents the appalling duplicity and criminality of the George W. Bush Administration in orchestrating the so-called “global war on terror.” A sordid story, virtually none of it ever appeared in the mainstream media in the U.S. Given the intensity of the anti-war movement at the time, the presentation enjoyed some limited exposure on the Internet. But anti-war sentiment was challenged in 2009 by Barack Obama's indifference to his predecessor's criminality, when the new president chose “to look forward, not backward.” The “war on terror” became background noise. The Fraudulent War was consigned to an archive on the ColdType website, a progressive publication in Toronto edited by Canadian Tony Sutton. There it faded from view. Enter CodePink and the People's Tribunal on the Iraq War. Through testimony and documentation the truth of the travesty was finally disclosed, and the record preserved in the Library of Congress. Only CodePink's initiative prevented the Bush crimes from disappearing altogether, and no greater public service could be rendered. The Fraudulent War was relevant once more. It was clearly dated, the author noted, but facts remained facts. Richard W. Behan, November, 2016 ------------------------------------------------- The author—a retired professor—was outraged after reading a book in 2002 subtitled, “The Case for Invading Iraq.” Unprovoked aggression is prohibited by the United Nations charter, so he took to his keyboard and the Common Dreams website in vigorous dissent. Within months thereafter George Bush indeed invaded the sovereign nation of Iraq, committing an international crime. -
Anatomy of a National Security Fiasco: the George W. Bush Administration, Iraq, and Groupthink Phillip G
Anatomy of a National Security Fiasco: The George W. Bush Administration, Iraq, and Groupthink Phillip G. Henderson The Catholic University of America These were people who were selectively picking and then emphasizing pieces of intelligence, I believe, in order to support their larger purpose, which was to bring in a way that they thought possible, to bring democracy to Iraq, and through Iraq to transform the Middle East. I thought that was far-fetched. I didn’t think it was going to happen, but that was their real purpose. They thought that this was going to be a transforming event in history. My frustration is that there was never a national security decision- making process in the administration where people such as me really had a chance to take that on. Richard Haass, Director of Policy Planning at the State Department 2001-2003, Interview with Chris Matthews on “Hardball,” May 6, 2009 In February 2002, one year before the U.S. military intervention in Iraq began, neoconservative writer Ken Adelman predicted that demolishing Saddam Hussein’s regime and liberating Iraq would be a “cakewalk.”1 At a town hall meeting at the Ameri- PHILLIP G. HENDERSON is Associate Professor of Politics at The Catholic University of America. Work on this article was supported by a research grant from the Center for the Study of Statesmanship. 1 Ken Adelman, “Cakewalk in Iraq,” The Washington Post, 13 February 2002, A27. 46 • Volume XXXI, Nos. 1 and 2, 2018 Phillip G. Henderson can air base in Aviano, Italy, on February 7, 2003, Secretary of Defense Donald Rumsfeld added that, if force were to be used in Iraq, the war “could last six days, six weeks. -
Testimony of Ambassador Michael Mcfaul1
Testimony of Ambassador Michael McFaul1 Hearing of the House Permanent Select Committee of Intelligence Putin’s Playbook: The Kremlin’s Use of Oligarchs, Money and Intelligence in 2016 and Beyond March 28, 2019 When the Soviet Union collapsed in 1991, the worldwide ideological struggle between communism and liberalism – in other words, freedom, democracy, capitalism – also ended. Thankfully, the ideological contest between Moscow and Washington that shaped much of world politics for several decades in the twentieth century has not reemerged. However, for at least a decade now, Russian president Vladimir Putin has been waging a new ideological struggle, first at home, and then against the West more generally, and the United States in particular. He defines this contest as a battle between the decadent, liberal multilateralism that dominates in the West and his brand of moral, conservative, sovereign values. I define this contest as one between autocracy, corruption, state domination of the economy, and indifference to international norms versus democracy, rule of law, free markets, and respect for international law. This new ideological struggle is primarily being waged not between states, but within states. At home, Putin has eroded checks and balances on executive power, undermined the autonomy of political actors, regional governments, the media, and non-governmental organizations (NGOs), and strengthened state ownership throughout the Russian economy. To propagate his ideas and pursue his objectives abroad, Putin has invested in several powerful instruments of influence, many of which parallel those used for governing within Russia, including traditional media, social media, the weaponization of intelligence (doxing), financial support for allies, business deals for political aims, and even the deployment of coercive actors abroad, including soldiers, mercenaries, and assassins. -
'At the Water's Edge: American Politics and the Vietnam War'
H-1960s Eichsteadt on Small, 'At The Water's Edge: American Politics and the Vietnam War' Review published on Thursday, February 1, 2007 Melvin Small. At The Water's Edge: American Politics and the Vietnam War. Chicago: Ivan R. Dee Publisher, 2005. xi + 241 pp. $14.95 (paper), ISBN 978-1-56663-647-6; $26.00 (cloth), ISBN 978-1-56663-593-6. Reviewed by James Eichsteadt (Department of History, Syracuse University) Published on H-1960s (February, 2007) Even though politics and partisanship supposedly stop "at the water's edge," this was not the case during the Vietnam War. Domestic debates and political pressure, argues historian Melvin Small, not only occurred in abundance during the war, they influenced American policymakers. Small, the nation's pre-eminent scholar on the United States during the Vietnam War era,[1] provides readers with a brisk and well-told account of the interconnectedness between events in Southeast Asia and the United States. While most of the study deals with the effect of the war on domestic politics, particularly those of the presidential variety, there are several examples which show the impact political pressure had on foreign-policy decisions. Small points out that since it would be "unseemly" for American leaders to admit they considered domestic factors when formulating plans related to national security, direct evidence of such deliberations in archival documents or in memoirs is rare. But by reading "between the lines," as Small puts it, he shows how concerns over poll numbers and upcoming elections frequently influenced decisions (p. ix). Small is sensitive to not portray every foreign-policy decision as being solely dictated by domestic electoral events, and he avoids being unduly cynical towards politicians concerned with political self-preservation.