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To: JohnM who wrote (50142)2/22/2008 4:10:35 PM
From: JohnM  Respond to of 541761
 
On John McCain's public financing problem. Not small. Very serious. He'll have to get this clear before he can make serious efforts to pin Obama down.
--------
McCain's FEC Problem
By Paul Kiel - February 22, 2008, 1:17PM

We noted this yesterday. But The Washington Post does a good job today in sizing up the situation and its possible mammoth consequences for McCain's campaign.

There are really two completely separate issues here.

First, McCain opted in to the public finance system for the primaries last year. It meant that his struggling campaign would get $5.8 million in public matching funds in March. Now that he's effectively the Republican nominee, he wants out, because the system entails a spending limit of $54 million through the end of August. He's almost spent that much already, according to the Post.

So the McCain campaign sent the Federal Election Commission a letter (pdf) earlier this month saying that he was opting out. But there's a problem. And FEC Chairman David Mason, a Republican, made it plain in his letter (pdf) yesterday: McCain can't tell the FEC that he's out of the system. He can only ask.

And the FEC, which normally has six commissioners, can't give him an answer until it has a quorum of four commissioners. It currently only has two. That's because the Senate has been deadlocked over four nominees; Democrats insist on a separate confirmation vote for vote-suppression guru Hans von Spakovsky, and Republicans insist on a single vote for all nominees.

The second issue has to do with McCain's tricky loan and whether the FEC will conclude that it locked him into the system. But for now, that's really ancillary to the first issue.

It is a serious issue. As the Post reports, "Knowingly violating the spending limit is a criminal offense that could put McCain at risk of stiff fines and up to five years in prison."

It's really unclear as to what might happen next. McCain's lawyer says he's out of the system and that's that. It's unclear if they'll respond to Mason's letter. And it's unclear if the FEC can do anything or be forced to do anything, without the necessary quorum. It's literally an unprecedented situation.

For now, however, the consequences for the dispute are mostly political for McCain, as election law expert Rick Hasen writes:

McCain faces at least a political problem. More than anyone else, Sen. McCain's name is synonymous with campaign finance reform (think McCain-Feingold). If he's arguably in violation of the law, that will tarnish his reputation. He may be able to make technically correct arguments that he is not in violation, but the smell is bad.

Note: Hasen cites Mark Schmitt on a certain irony. Pretty much everyone agrees that the public financing system for the primaries is broken -- the spending limits are too low and the payouts are too late (March). As Steve Weissman of the Campaign Finance Institute put it to me, the primary system in its current state is "basically only for losing candidates" -- candidates without the fundraising wherewithal to really compete.

But McCain has refused to support efforts to fix the system, so in a way, he has himself to blame for the fact that the system is so unworkable that he's possibly bent the rules to get out of it.

tpmmuckraker.talkingpointsmemo.com



To: JohnM who wrote (50142)2/22/2008 5:13:34 PM
From: epicure  Respond to of 541761
 
"and the story checks in every detail. "
How very sad for the right wing blogs...
:-)



To: JohnM who wrote (50142)2/22/2008 5:23:16 PM
From: KonKilo  Read Replies (2) | Respond to of 541761
 
We have bypassed Orwell and gone straight to Kafka.

TUESDAY FEBRUARY 19, 2008 11:17 EST

The courts and Congress affirmatively conceal and protect lawbreaking

In August, 2006, Judge Anna Diggs Taylor became the first federal judge ever to rule on the legality of the Bush administration's NSA warrantless spying program, and she ruled that the NSA program violated both statutory law as well as multiple rights guaranteed by the U.S. Constitution. The case was brought by the ACLU on behalf of numerous Muslim lawyers, journalists and others, who argued that the existence of the warrantless eavesdropping program rendered them unable to perform their jobs.

The Bush administration appealed that decision to a three-judge panel of the Sixth Circuit. In July of last year, two of the three appellate judges voted to reverse Judge Diggs Taylor's ruling, not because they disagreed with her conclusions about the program's legality. Instead, they found that the plaintiffs lacked "standing" to challenge the legality of the program -- and courts were therefore barred from ruling on their claims -- because the plaintiffs were unable to prove that they were actually subjected to the warrantless eavesdropping (due to the absolute secrecy under which the program operates).

The third member of the appellate panel, Judge Gilman, dissented from that finding, holding that plaintiffs were permitted to proceed with the lawsuit, and then proceeded to find that the NSA program was illegal. Thus, even to date, the only two judges ever to rule on the legality of Bush's NSA program -- District Judge Diggs Taylor and the Sixth Circuit's Judge Gilman -- have both ruled that it was illegal.

The ACLU appealed the Sixth Circuit's procedural ruling to the U.S. Supreme Court, asking the Court to hear the appeal. Today, the Court announced that it would not hear the appeal, thus bringing an end to the ACLU's legal challenge to the NSA program (even though no judge has ever ruled the program legal):
The justices' decision, issued without comment, is the latest setback to legal efforts to force disclosure of details of the warrantless wiretapping that began after the Sept. 11 attacks.

The Supreme Court accepts only a tiny percentage of cases for appeal, and under its long-standing rules, a refusal to hear a case does not constitute agreement with the lower court's decision. It simply means that the Court, for whatever reasons, will not decide the appeal.

This decision does mean, however, that EFF's pending lawsuits in San Francisco against AT&T, Verizon and the other telecoms are now the sole remaining vehicle for finding out what the Bush administration actually did when spying on Americans for years without warrants, and as importantly, is the last hope for obtaining a judicial ruling as to whether the President broke the law and violated the Constitution when doing so. If Jay Rockefeller and Dick Cheney have their way and retroactive amnesty is granted to these telecoms, those lawsuits will be forever dismissed and Americans will remain indefinitely in the dark about how our own Government spied on us, and will forever lose the opportunity to have a court rule whether the Government broke the law and violated our Constitutional rights.

In March, 2006, the Senate Intelligence Committee voted (along party lines) against holding hearings and conducting an investigation into the warrantless NSA program. Thus, Congress has never fulfilled its duty of meaningfully investigating the spying scandal. Identically, the courts have accepted the Bush administration's procedural arguments as to why they are barred from ruling on the legality of the program. Thus, despite agreement among legal experts across much of the political spectrum that George Bush and company committed serious felonies in spying on Americans without warrants, the two other branches of government have been completely closed off (willingly) in investigating what happened or even in determining whether the law was broken.

Think about the information that has been completely concealed -- all the things which we, as Americans, remain in the dark about with regard to our Government's illegal spying on us. We do not know which Americans were spied upon without warrants, how they were chosen for surveillance, whether they had any connection to terrorists, and/or what was done with the information obtained. Despite the fact that we enacted laws 30 years ago making warrantless spying a felony, we have no idea what was done with the warrantless spying powers the President arrogated unto himself and then used for years.

More significantly, recall that in May of last year, former Deputy Attorney General James Comey testified that through 2004, the Bush administration was doing something with domestic surveillance that was so patently illegal, so extreme and unconscionable, that the entire top level of the DOJ -- including John Ashcroft, FBI Director Robert Mueller, and Comey -- threatened to resign if it continued. These are the same officials who would go on to endorse the NSA warrantless spying program. That's how extreme they are. Yet whatever it was that the Bush administration was doing back then was so illegal that even these right-wing extremists would have resigned in protest.

What was the Bush administration doing that provoked such an extreme reaction? What laws where they breaking? Even though (according to Comey) those activities ceased in 2004 -- and there is thus no arguable ground for continuing to conceal those activities -- we still have no idea what they did. We're completely in the dark about all of it. And every avenue for our finding out -- Congressional oversight and judicial accountability -- has been blocked, except for the lawsuits against the telecoms. And Congress is on the verge of blocking that final path to discovery and accountability as well.

Don't these facts just speak volumes for themselves? Imagine if, say, Vladimir Putin was accused by his own top officials of systematically spying on Russian citizens for years in ways that were patently illegal, but he then manipulated the courts to ensure he was never accountable, and had his political allies in parliament block any investigations, so that the activities remained concealed forever and he was never made to answer for what he did. Think about the grave denunciations that Fred Hiatt, Charles Krauthammer and the State Department would be issuing over such authoritarian and lawless maneuvering.

That's exactly how our country operates now. When high political officials here are accused of breaking the law, they need not defend themselves. Congress acts to protect and immunize them. The courts refuse even to hear the lawsuits. And executive branch officials are completely shielded from the most basic mechanics of the rule of law.

No hyperbole is necessary to sustain the Putin comparison. It's demonstrated by the facts themselves, by how our system of government works now. None of the "great controversies" of the Bush years, involving multiple accusations of lawbreaking, war crimes and other forms of serious corruption, has resulted in any legal process or investigations or ajudications because our government officials have been vested with omnipotent instruments to shield themselves from accountability, or even investigation, of any kind.

In a minimally functioning Republic, when our political leaders are accused of concealing wrongdoing, Congress investigates, uncovers what happens, and informs the American people. When political leaders are accused of breaking the law, courts decide whether that occurred. None of the branches of government do that any longer. They do the opposite: they not only fail to perform those functions, but they affirmatively act to block investigations, help the conduct remain concealed, and ensure that there is no adjudication. When it comes to ensuring that the NSA spying scandal specifically remains forever uninvestigated, secret, and unexamined, telecom amnesty will be the final nail in this coffin, but it is merely illustrative of how our political culture now functions.
-- Glenn Greenwald
salon.com



To: JohnM who wrote (50142)2/26/2008 2:15:36 PM
From: TimF  Read Replies (1) | Respond to of 541761
 
Not exactly

We don't have the name of the captain, or a specific transcript of his response with supporting detail. Instead we have Jake Tapper saying the story checks out, and posting a few quotes from the captain but not a full statement.

And if you consider the story to be accurate and reliable (which isn't certain) it still doesn't fully back up Obama, only partially. Now if he is partially backed up, then people really shouldn't call him a liar (at least not without more evidence), but it does seem his story was partially incorrect.

At that ABC blog post page there are a number of responses which show either continued problems with the story, or how Obama spun things to make them look worse than the reality. I quoted a number of them here.

Message 24337480

Tapper's story doesn't back claims on the topic of captured ammo and equipment.

They didn't lack weapons or run out of ammo. As for not having up armored humvees they where rare back in 2003, we had just started making any serious effort to produce them.

--

Pentagon doubts Obama account of equipment problem
reuters.com

"...As for the Messiah’s essential claim that “they were actually capturing Taliban weapons, because it was easier to get Taliban weapons than it was for them to get properly equipped by our current commander in chief,” that’s a little more nuanced:

“The purpose of going after the Taliban was not to get their weapons,” he said, but on occasion they used Taliban weapons. Sometimes AK-47s, and they also mounted a Soviet-model DShK (or “Dishka”) on one of their humvees instead of their 50 cal.

Stuart Koehl acknowledged this morning that troops do, as they always have, occasionally scrounge for weapons when they’re in a spot but mooching off the enemy isn’t regular practice, and even Obama’s source doesn’t suggest that it was. We’ll chalk up the exaggeration to, shall we say, audacity.

Milbloggers, everything squared away here?

Update: I was going to let this go since Tapper did good work in following up on the story but his snide “tsk tsk, right-wing bloggers” outro warrants some static. Like Rusty says, what does this mean?

I find that Obama’s anecdote checks out.

Well, except for that very minor detail about them not actually having to capture Taliban weapons to fight, okay. But how does it “check out” merely because Obama’s source for these explosive charges is willing to repeat them to a reporter? If you’re willing to take the guy at his word, fine, but the Times applied this same standard of “checking” to the McCain/Iseman rumors. How’d that work out for them?..."

hotair.com

"The source himself denies he had to "capture" enemy weapons and equipment to fight -- he is claiming that he did in fact use such weapons on occasion, but that is different than warfare generally... how?

ace.mu.nu

news.yahoo.com

Obama's Captain Talks

The Obama campaign put ABC reporter Jake Tapper in touch with the army captain Obama referred to in last night's debate. Go read Tapper's report of what the captain says. Unfortunately, his statements don’t justify the charges Obama made last night.

Once again, Obama said half the platoon had been "sent to Iraq,"

And as a consequence, they didn't have enough ammunition, they didn't have enough Humvees. They were actually capturing Taliban weapons, because it was easier to get Taliban weapons than it was for them to get properly equipped by our current commander in chief.

Nothing the captain said supports Obama's accusation that soldiers in Aghanistan faced a shortage of ammunition. Nothing the captain said supports the (ridiculous) claim that American soldiers were capturing Taliban weapons "because it was easier to get Taliban weapons" than American ones.

What the captain said was that it was sometimes difficult to get parts in theater, and on occasion his soldiers used captured weapons. If Obama were running to be quartermaster in chief, this story might have some relevance. But Obama hasn't unveiled his plan to streamline the Army's logistics in Afghanistan. And his basic narrative of the commander in chief neglecting equipment needs in Aghanistan isn’t supported by this one account. Moreover, does Obama think (a distortion of) one captain’s anecdote is an appropriate basis for making broad claims about military matters in a campaign to become commander in chief?

The captain's name is withheld in Tapper's piece, but we have submitted a request to the Obama campaign for an interview.

weeklystandard.com

The Captain Tells a Different Story

The captain to whom Obama was referring presumably belongs to a battalion of the 10th Mountain Division, which is stationed at Ft. Drum, and as one of the Army's few truly light infantry units, has been deployed more than almost any other formation outside of Special Operations Command. As Jake Tapper reported earlier, the captain was in fact a lieutenant at the time, so he obviously could have been a platoon leader.

But his story isn't quite Obama's story. Obama gives the impression that these guys were about to go to Afghanistan, and then half of his platoon was detached and sent to Iraq instead. The actual story is more prosaic and typical of Army practice in most conflicts, including World War II. Over a period of some months, individuals in his platoon were transferred (not detached) to other units, probably based on immediate operational requirements; e.g., a unit about to deploy to Iraq was short of MOS-11B (Combat Infantryman), and the unit was fleshed out with drafts from other units. Happens all the time, has always happened. In World War II, it was not uncommon for units still in training, or newly arrived in a theater of operation, to be poached for troops to round out another unit about to go into battle.

On going into battle shorthanded--it's normal. If you aren't shorthanded when you hit the ground, you will be shorthanded almost immediately thereafter, as your unit takes casualties or has to detach men for other duties. All rifle squads, platoons and companies in a combat zone are generally short anywhere from 15-25 percent of their TO&E (Table of Organization and Equipment) strength, and will remain so as long as combat intensity remains high and the unit stays in the line. On being pulled out for rest and recuperation, a unit will be fleshed out with replacements, who will receive some hasty orientation and training to augment the training they received beforehand. Then it's back into the line, and the unit will be under strength again. That's why a unit's combat readiness is inversely proportional to its employment: units that never see combat always have their full complement of men and equipment, hence are (on paper) always more ready than units which have been in combat for any substantial period. Does this mean that the unit with the higher readiness is more "combat effective" than the other one? Not necessarily--a combat-proven unit at reduced strength may be much better than a rookie unit at full strength. There's a tipping point, but defining it is a very complex subject.

Regarding the HMMWVs, at the time there was a critical shortage throughout the Army in M1114 Up-Armored HMMWVs due to shortages of armor plate. This would have happened, no matter what the Bush administration had done, simply because there was no surplus capacity to produce armor in the industrial base (we have since been importing armor steel from a number of sources, including Russia and Ukraine). Only having two or three operational vehicles ought to be considered par for the course. So is complaining about it. Using other vehicles to make up the shortfall? Also par for the course. In World War II, our troops, the most lavishly equipped in history, often used captured German transport--along with captured German weapons (for instance, the 88mm Panzerschreck and the disposable Panzerfaust anti-tank rockets were considered much better than the 2.76-inch Bazooka, and were picked up wherever they could be found).

On shortages of weapons and ammunition for training at Ft. Drum, again, this is typical of any army during a surge period. It has happened to our troops in every war. Our troops were, until well into 1942, forced to train with plywood mockups of tanks and dummy rifles. Heavy weapons such as the Mk.19 Automatic Grenade Launcher and the M2 Browning .50-cal machine gun are considered support weapons, and while it is nice to be able to train with them, I wouldn't call the inability to do so a crippling disability for an infantry unit. After all, neither one is actually on the TO&E of a rifle platoon.

Mounting a 12.7mm DShK in place of an M2 Browning? Not a particularly smart move, since the Browning has much better ballistics and is more reliable, but hey, with that big muzzle brake on the end, the Dushka really looks cool.

Jake Tapper may think the captain “backs up Obama’s story.” Not really--if the “story” is the story as told by Obama. His version is misleading as a reporting of what the captain said. More fundamentally, it was intended as an indictment of our management of the war. But in this respect it’s silly. In fact, the “story” here merely shows the operation of "real war," as opposed to "war on paper." That a presidential candidate would make something of it either shows a cynical attempt to score political points, or an appalling ignorance of military realities.

weeklystandard.com



To: JohnM who wrote (50142)2/26/2008 2:16:34 PM
From: TimF  Respond to of 541761
 
Captain Tells NBC Shortages Were in Training, Not Combat

In Thusday night's debate, Barack Obama said:

You know, I've heard from an Army captain who was the head of a rifle platoon--supposed to have 39 men in a rifle platoon. Ended up being sent to Afghanistan with 24 because 15 of those soldiers had been sent to Iraq.

And as a consequence, they didn't have enough ammunition, they didn't have enough Humvees. They were actually capturing Taliban weapons, because it was easier to get Taliban weapons than it was for them to get properly equipped by our current commander in chief.

First ABC's Jake Tapper talked to the captain to verify his story. He found the captain credible and gave the all clear, despite the fact that the captain told him that there was no ammunition shortage in Afghanistan. NBC also spoke with the captain, but they weren't quite so quick to declare the case open and shut:

The captain told NBC News that he was talking about not having enough ammunition and no Humvees for training, but that his unit underwent a three-week crash course in Afghanistan before they saw combat.

The captain, who spoke on background because he's still active duty, said that his unit temporarily had to replace their .50-caliber turret-mounted machine gun with a weapon seized from the Taliban because they couldn't get a needed part fast enough.

Obama had claimed that U.S. forces didn't have ammunition for their fight against the Taliban as a consequence of the war in Iraq. There is no evidence that this is the case. Furthermore, U.S. troops weren't capturing Taliban weapons "because it was easier to get Taliban weapons than it was for them to get properly equipped by our current commander in chief." They had a broken gun and they temporarily replaced it with a weapon that had already been captured. Big difference. And you know what...if Obama had misremembered this story because he'd spoken with the captain so long ago, it might not be such a big deal. But Obama had never spoken with the captain. His staff had. And so Obama mangled the story.

weeklystandard.com