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Four parting shots from Thiessen’s “Courting Disaster.”

The following excerpts are taken from Marc Thiessen’s book Courting Disaster — and relevant to the discussion post below regarding Obama Justice Department officials who worked previously defending terrorists (point #3 is huge):

Others say that the lawyers at these firms are in fact following a  great American tradition, in which everyone gets a lawyer and their  day in court. Not so, says Andy McCarthy, the former Assistant  U.S. Attorney who put Omar Abdel-Rahman (the blind sheik)  behind bars for the first bombing of the World Trade Center in  1993.

“We need to be clear about what the American tradition is,”  McCarthy says. “The American tradition is that the 6th Amendment  guarantees the accused-that means somebody who has been  indicted or otherwise charged with a crime-a right to counsel. But  that right only exists if you are accused, which means you are someone   who the government has brought into the civilian criminal justice   system and lodged charges against. ”

The terrorists at Guantanamo, McCarthy says, do not qualify  because they have not been brought into the civilian justice system  for criminal trial. “They are being held as enemy combatants in a  war which has been authorized by Congress.”

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Indeed, when the lawyers began litigating these cases, there was no precedent for a right to representation for enemy combatants. McCarthy says, “We’ve had around 5 million prisoners of war in the history of the United States-that’s probably a conservative estimate. Before 2004, it would have been absurd to suggest that enemy combatants in a war had a systematic right of access to U.S. courts.”

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More than that, these lawyers, no doubt intentionally, are  encouraging enemy combatants to violate the laws of war. As former   Defense Department General Counsel Jim Haynes explained in a 2008 speech, “During World War II, the United States detained  more than 400,000 German and Italian prisoners of war in camps  sprinkled around the United States, and had zero successful habeas  petitions. Today, we have less than 300 unlawful combatants  detained at Guantanamo Bay, Cuba, and 246 ongoing habeas cases  to go with them…. The legal process afforded these detainees far  exceeds anything that German or Italian soldiers enjoyed at any  time during their captivity within our borders.”

The danger, according to Haynes, is that, “If you give more protections   and privileges to Al Qaeda fighters than to lawful combatants, then you will strip away any legal incentives for people to fight  according to the rules…. You encourage countries and groups to  develop corps of unlawful fighters. Ultimately, you increase the savagery of future conflicts.”

Haynes asks: Why stop at Guantanamo? “Coalition forces hold  tens of thousands of detainees in Iraq and over a thousand in Afghanistan. If the detainees in Cuba receive habeas, should those  detainees in Iraq and Afghanistan receive it as well? Instead of hundreds,   why not tens of thousands of military detainee habeas cases  in federal courts?”" These habeas corpus cases, Haynes says, are  creating “an incentive to violate the laws of war…. What’s in it for  any foe of the United States to abide by those rules if one gets better treatment upon capture by violating them?”

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In fact, Guantanamo detainees now enjoy rights far beyond those  afforded to prisoners of war with full Geneva protections. Nothing  in the Geneva Conventions provides POWs with the right to counsel, access to the courts to challenge their detention, or the opportunity to be released prior to the end of hostilities. Yet thanks to the habeas corpus campaign, al Qaeda terrorists who violate the laws  of war enjoy all these privileges.

Mukasey’s high road vs. Thiessen’s “tell it like it is.”

There’s an interesting debate between two former Bush Administration officials regarding the Obama’s  attempt to hide the fact that many of the policy-makers in the Justice Department previously defended al-Qaeda and Taliban detainees in private practice. Both Michael Mukasey, former U.S. attorney general, and Marc Thiessen, former Bush adviser, make comparisons to the Democrats smearing of and even attempting to disbar Bush lawyers (such as John Yoo and Jay Bybee) who simply did their job and provided legal advice regarding topics like enhanced interrogation techniques (EIT) and legal versus illegal combatant status.

Mukasey, writing in the WSJ, opines that just because Democrats ruined the careers of Bush lawyers Republicans should not react in kind towards Obama Justice department lawyers who previously defended terrorists (and now write policy on detainees, Guantanamo, etc.). Conversely, Thiessen, in the Washington Post, argues that Republicans are asking legitimate questions about Eric Holder’s Justice lawyers.

Thiessen writes, “The standard today seems to be that you can say or do anything when it comes to the Bush lawyers who defended America against the terrorists. But if you publish an Internet ad or ask legitimate questions about Obama administration lawyers who defended America’s terrorist enemies, you are engaged in a McCarthyite witch hunt.” That’s absoluely accurate, and just the latest example in a never-ending cycle of Liberal selective outrage and media slant.

More to the point, however, having read both arguments, it appears that Mukasey is defending a point that many Republicans (Thiessen, but not all mind you) are not denying: the right of legal council for the accused, even dirtbags.

[Mukasey] A lawyer who represents a party in a contested matter has an ethical obligation to make any and all tenable legal arguments that will help that party. A lawyer in public service, particularly one dealing with sensitive matters of national security, has the obligation to authorize any step or practice the law permits in order to keep the nation and its citizens safe. And a lawyer who undertakes to represent someone whom his neighbors—perhaps rightly—revile as a threat to the public welfare is obligated to bring his talents to bear just as forcefully in favor of that client as he would if he were representing Capt. Alfred Dreyfus, the French artillery officer who in 1895 was found guilty of treason and sent to Devil’s Island for little more than being Jewish.

Nice not-so-subtle use of the race card there, eh? However, what conservatives like Thiessen or Michelle Malkin are arguing is a point of TRANSPARENCY. No doubt Thiessen and Malkin are otherwise outraged, but their first argument is that if Liberals are so very proud of the fact that lawyers who defended terrorists are now serving in very the Justice Department commanded to try these terrorist then why is Eric Holder and the Obama Administration desperately trying to gloss it over or actively obfuscate the truth?

The next argument is one of conflict of interest. Conservatives aren’t necessarily saying no representation for terrorists (a huge myth, by the way, as all Guantanamo detainees have for years both had lawyers and had judicial reviews, basically trials), but saying first that domestic criminal trials are entirely inappropriate for a variety of reasons including the loss of intelligence needed to destroy terror networks and win wars, and second, that lawyers previously charged with protecting al-Qaeda terrorists shouldn’t have the job of trying them now.

[Thiessen] Would most Americans want to know if the Justice Department had hired a bunch of mob lawyers and put them in charge of mob cases? Or a group of drug cartel lawyers and put them in charge of drug cases? Would they want their elected representatives to find out who these lawyers were, which mob bosses and drug lords they had worked for, and what roles they were now playing at the Justice Department? Of course they would — and rightly so. … Should a lawyer who advocates setting terrorists free, knowing they may go on to kill Americans, have any role in setting U.S. detention policy? My hunch is that most Americans would say no.

This is accurate, and the fact that Obama and Holder are looking to move past the criticism instead of defending the practice tells one that they believe it is accurate as well.

Stossel 1, O’Reilly 0.

Here’s John Stossel:

Would libertarian Stossel let insurance companies run wild? That’s how Bill O’Reilly teases my Factor appearance tonight.

Bill and I at least agree about the problems with Obamacare, especially the out of control costs it would bring. But he thinks that the government must step in to “regulate insurance companies”, to “make the market competitive.”

But the market is actually pretty competitive. There are around 1,300 companies nationwide. Many employers self-insure, setting their own rates. The industry certainly doesn’t make monopoly profits: Last quarter health insurance companies made 3.4%. Software development companies made 20%. The entertainment industry made 8%.

But Bill is right to complain that competition is restricted because we are not allowed to buy insurance from other states. Those of us in states with the most meddling politicians are stuck with over-regulated insurance.

We New Yorkers, for instance, are forced to buy insurance that includes fertility treatments and chiropractors. It’s one reason why I must pay more. Another is our “community rating” system, which forces insurers to charge sick people the same rates as healthy ones. The cheapest plan offered is Los Angeles is $660/year – in NYC it’s $2,112/year, based on rates for a 25-year-old male at ehealthinsurance.com. A zero- deductible HMO is $3,780/year in CA, vs. $14,736/year for a comparable one in NY.

O’Reilly also thinks the government needs to step in and ban insurers from discriminating against pre-existing conditions. But such “discrimination” is one GOOD thing about insurance. It encourages good behavior. Health insurance companies ought to be able to charge the fat smoker more, just as flood insurance companies ought to charge Bill and me more for flood prone properties. Charging more for bigger risks is the business model that makes insurance useful. And it’s one thing that puts downward pressure on costs.

O’Reilly also objects to insurers “price gouging”. On GMA last week, he told Stephanopoulos: “The Democratic side has a compelling argument that the private health insurance companies are gouging. They’re gouging, all right?”

Insurance companies aren’t gouging – there’s no such thing as “gouging” in a competitive market. Anyway, the biggest health insurers in most states are non-profits (like Blue Cross Blue Shield). Yet their products are no cheaper.

Obama talks about federal limits on “excessive” insurance premiums, but price fixing always hurts consumers. Nixon regulated gas prices. Wasn’t that fun? Long lines and fist fights.

The best answer is the market. Individuals need to pay more out-of-pocket. It works well in Singapore.

Someone will ration care. Government and insurance companies do most of that now.

It’s much better if individuals do it.

Health insurers don’t make egregious profits.

“We are held hostage at any given moment by health insurance companies that deny coverage or drop coverage or charge fees that people can’t afford.” — Barack Obama, Aug. 14, 2009.

“We’re seeing this at the same time where not only is there an economic downturn around the country, but we know that insurance companies are not suffering that same kind of downturn. The five largest insurers in America have declared more than $12 billion worth of profits in 2009.” — Health & Human Services Sec. Kathleen Sebelius.

“At a time when everybody’s getting hammered, they’re making record profits, and premiums are going up. What’s the constraint on that? … Well, part of the way is to make sure that there’s some competition out there.” — Barack Obama, July 2009.

The Saint Petersburg Times’ Fact Check already debunked the last of the three hate-inciting whoppers by the Obama administration, and many others have as well, but that hasn’t changed much. It’s great to read that Mr. Obama is all for “some competition” but it comes off as an empty statement considering that Democrats have gone out of their way to exclude any Republican idea to increase the same, such as insurance pools for individuals, or allowing insurance companies to cross state lines. Democrats are only for “competition” when it means the government getting into the act — but it’s hard to compete with an entity that may borrow perpetually, has no budget, need not answer to its stockholders (i.e., the taxpayers), can print money, and spend any amount it desires. This is competition? If that’s so then the U.S.S.R. was the epitome of free enterprise!

But more to the point of this post: The Obama camp lies. Or at very least exaggerates for anger’s sake. It’s hard to believe they don’t have the data.

Insurance companies don’t make record profits. Indeed they make far less than most industries.

Jeff Anderson explains:

According to the most recent Fortune 500 rankings, health insurers are not even among the top-30 United States industries in profit-margin. Health insurers rank 35th, with a profit-margin of just 2.2 percent — less than one-fifth the profit-margin of railroads. None of the ten largest American health insurers made profits of more than 4.5 percent, and two of them lost money. Health insurers’ collective profit-margin is less than one-eighth that of drug companies and less than one-seventh that of companies that sell medical products or equipment. It’s also less than that of medical facilities. Yet when was the last time you heard President Obama rail against greedy hospitals?

The combined profits of America’s ten largest health insurers are $8.3 billion. That’s less than two-thirds of the profits of Wal-Mart alone, less than half of the profits of General Electric alone, and less than one-seventh of what Medicare loses each year to fraud. Health insurers collectively have one-eighth the profit-margin of McDonald’s or Coke, one-ninth that of eBay, and one-fifteenth that of Merck.

Why don’t these much more profitable companies or industries need to be taken over by the federal government? Why don’t they need to be subjected to something like President Obama’s proposed Health Insurance Rate Authority, which would be run by the same U.S. Department of Health and Human Services that already loses $60 billion of taxpayer money to Medicare fraud each year? (Not that I want to give the Obama administration any ideas.)

In all, the combined profits of the 14 largest American health insurers (the ones who crack the Fortune 1000) are $8.7 billion. That’s less than 0.4 percent, or 1/250th, of overall U.S. health-care costs, which are $2.5 trillion.

Anyone but an ideologue could plainly see that insurance profits aren’t the problem. The problem is having a health-care system with too many middlemen (government or otherwise); too little competition and choice; and too little opportunity for Americans to control their own health-care dollars, shop for value, or even see prices.

If you can’t identify the problem, you aren’t likely to stumble upon the solution. Maybe that’s why the Congressional Budget Office says that, under Obamacare, which would cost $2.5 trillion in its real first decade (2014 to 2023), the average family’s insurance premiums in the individual market would increase by $2,100 in relation to current law — while under the House Republican health bill, which would cost $61 billion (just 2 percent as much as Obamacare), the average premiums would be reduced by 5 to 8 percent.

President Obama likes to say that the Republicans don’t have any ideas, but the House GOP bill would clearly make the American health-care system better. The small bill would make it better still. Obamacare would raise nationwide health costs, siphon billions out of barely solvent Medicare and spend them elsewhere, cut Medicare Advantage benefits by an average of $21,000 per beneficiary in its real first decade, politicize medicine, reduce liberty, raise taxes, cost jobs, and inevitably lead to rationed care.

“Shut up,” they explained. The “bipartisan” health care experts on the Hill know what’s best for you.

All one needs to know about President Obama’s “bipartisan” health care summit — and his intentions — is succinctly summarized on their own website (which they tried to scrub, but which thanks to Google caching was all for naught).

[Via Michelle Malkin] White House: Where’s the GOP health care plan? Where’s the GOP healthcare plan?
GOP: Um, it’s linked right on your White House website.
White House: D’oh.

Thanks to the Save Jersey blog for the graphic that says it all. Snicker:

So, where's the GOPs plan (that's linked to our web site...)

Background here from Daniel Foster who notes: “Ironically, this is perhaps the most exposure the Republican plan has so far received, and all it took was the Democrats saying that it didn’t exist.”

Other ideas? Who needs them? Insurance across state lines? Tort reform? Ha. With just those compromises President Obama could have had his health care bill 12 months ago.

But this isn’t about cost savings, it’s about tipping the political scales to the Europeanization of America; about getting all of middle-class America sucking on the government teet; about reducing individuality and independence, and increasing 1920’s style Wilsonian-Marxist “progressivism,” and dependence. It’s about power, and keeping it by forcing Americans to “mother may I” one-seventh of the economy. Next up, energy consumption in the guise of “saving” the planet via carbon rationing. After that, the food police, and executive pay police, and 401k police, like that Audi commercial on steroids.

So just shut up already and eat what these politicos are forcing down your throat. These fields of bureaucrats and egg-head academic “experts” know what’s best for you, not you,  and certainly not the collective decisions of 300 million consumers via the free market.

And they dared call George W. Bush suffering from “imperial hubris”! Sheesh.

Oppose Obamamessiah and you’re a pariah.

[ABC NEWS] ABC News Thomas Giusto and Lindsey Ellerson report:

Conservative author Jason Mattera launched a relentless revolt today against President Obama and the leftist agenda, mocking Obama loyalists during remarks made at the Conservative Political Action Conference.

Not only did Mattera hit Obama for his acknowledged drug use as a youth, but he went on to ridicule feminism, diversity and homosexuals.

“The allegiance to political correctness on the college campus goes a long way toward explaining how young people in their heart of hearts actually believe that a scrawny street agitator turned presidential candidate could save mankind, renew our faith in American politics, stop glaciers from melting, curb racism, end all wars, tackle terrorism, provide us health care, pay for our college tuition, and oh while he’s at it, Barack promises to send a government unicorn down to the sky to fly us up to the left’s world where people dance across the streets of government owned gold, eating FDA approved candy canes, and where MSNBC is programmed on every channel,” chided Mattera.  “Buyers remorse is setting in, heck even the slutty Obama girl said her crush has faded.”

Read the entire article and you’ll have no doubt that Mattera’s shtick seems obnoxious (albeit no different than a conservative Keith Olbermann).

But more curious is that I’ve read this a couple times in a row and I’ve yet to find the part where Mattera allegedly “went on to ridicule feminism, diversity and homosexuals.” Huh?

All he’s doing is pointing out that Obama proclaimed himself as the chosen one — saying at his own nomination that we’d remember it as the moment “that the rise of the oceans began to slow and our planet began to heal” — and now, just one year later, people are finding it’s just not so.

He’s not a messiah. He’s not even half as deft as he thinks he is. He’s just the latest reincarnation of disproven, ineffective, stale, Marxist-Wilsonian socialist ideas. For thee, not for me! ‘If ONLY evil corporations would stop pursuing profits,’ summarized Obama in his $7 million NYT’s best-selling book, et cetera, and so on. It is to laugh. Obama is everything the far left has stood for and failed at for decades, and makes Jimmy Carter look like Barry Goldwater.

But for pointing this out, albeit crudely, says ABC News, Mattera MUST BE a gay-hating, misogynist racist. Ah, yes, THAT media bias…

Paging Eric Alterman!

Obama’s Deputy National Appeasement Advisor.

Here’s Michelle Malkin commenting on the other stupid things said by Deputy National Security Adviser John Brennan.

Brennan then went on to decry the “ignorant feelings” of Americans outraged at the jihadi attacks on American soil. And then he told [Omar] Shahin [of the infamous "flying Imams"] and the audience of Muslim students that he “was very concerned after the attack in Fort Hood as well as the December 25 attack that all of sudden there were people who went back into this fearful position that lashed out not thinking through what was reasonable and appropriate.”

The Fort Hood jihadist slaughtered 14 innocent soldiers and an unborn baby after an Army career of openly threatening the lives of our soldiers, and Brennan is wringing his hands about the rest of us “lashing out” over government incompetence. He believes our true sin is not in the systemic underreacting by the military, homeland security, intel and White House officials in charge, but in the “overreacting” of the American public.

With clueless capitulationists like Brennan in charge of our safety, who needs enemies?

The academic fraud after The Day After Tomorrow.

I had a laugh out loud moment this Sunday night, flipping channels and stopping on the FX network showing (yet again) of The Day After Tomorrow, an apocalyptic global warming movie filled with gratuitous scenes of our destruction.

I imagine the folks at FX programming probably would never have guessed that this weekend one of the chief global warming proponents and researchers would be forced to admit that he “lost” all of the data he used to produce the infamous “hockey stick” computer model predicting global temperature increases due to carbon output. This comes after the professor, Phil Jones, stepped down as director of the University of East Anglia’s Climatic Research Unit in the wake of scandal over e-mails showing that researchers were manipulating climate change data (i.e., Climategate).

Whoopsie! I lost my data. Of course, a more skeptical person might say Jones “destroyed the data.” And an even more cynical person might say the good professor “made up” or “fabricated” the data.

Professor Jones also conceded the possibility that the world was warmer in medieval times than now – suggesting global warming may not be a man-made phenomenon.

And he said that for the past 15 years there has been no ‘statistically significant’ warming.

The admissions will be seized on by sceptics as fresh evidence that there are serious flaws at the heart of the science of climate change and the orthodoxy that recent rises in temperature are largely man-made.

Gosh… one would think that all scientists and policy makers, skeptics or not, would want to ensure that the facts and data were sound. One would think, that is, if this were really about science. But it’s really about control and social engineering by taxing and regulating the one thing that ensures a healthy and productive society: energy consumption.

Nonetheless, Professor Jones’ admissions are just more bad press for the global warming folks. What’s a social engineer who sucks on the government grant money tit to do? How will the likes of Duke Energy ever make billions off carbon trading now? How will the Congress ever institute a fraudulent VAT tax if there is no warming?

In just the last few weeks we’ve had: Climategate e-mails followed by the United Nations Intergovernmental Panel on Climate Change (IPCC) was forced to admit that it relied on faulty science in a claim that Indian glaciers would disappear by 2035, that it was wrong about 1998 being the warmest year on record (1934); that it accidentally confused feet and inches in a report regarding sea level rise in Fl0rida (18 inches not feet).

Fear not, though, warming freaks!

The Obama administration isn’t going to let something as simple as the truth or facts get in the way of regulating the number of farts you make and miles you drive — they’re promising that the EPA, a gang of unelected, unaccountable bureaucrats, will by totalitarian fiat force we American consumers to, well, consume less.

Oh, NOW he tells us!

Here’s Bill Kristol on Joe Biden’s queer historical revisionism:

Vice President Biden — who was for the Iraq war before he was against it, and who then argued that the surge could never work before he decided (in retrospect) that it did — said this to Larry King on Wednesday night:

“I am very optimistic about — about Iraq. I mean, this could be one of the great achievements of this administration. You’re going to see 90,000 American troops come marching home by the end of the summer. You’re going to see a stable government in Iraq that is actually moving toward a representative government. . . . I’ve been impressed how they have been deciding to use the political process rather than guns to settle their differences.”

Iraq is “one of the great achievements of this administration”? Well, any port in a political storm — even if it means taking credit for the success of policies of the previous administration, policies you opposed. In politics, after all, success acquires many fathers. And that’s fine, if it means the Obama administration is careful over the next couple of years not to toss away American troops’ achievements in Iraq.

MC Crowbar’s Peaze Prize.


Pretty funny, Crowder, as these things go.

I promise to be more hopey, changey, and such this year… that’s a peace prize!