Tag Archives: John Tabin

Statements And Resolutions… Wasn’t That A Paul Simon Song?

Colum Lynch at Foreign Policy:

The U.S. informed Arab governments Tuesday that it will support a U.N. Security Council statement reaffirming that the 15-nation body “does not accept the legitimacy of continued Israeli settlement activity,” a move aimed at avoiding the prospect of having to veto a stronger Palestinian resolution calling the settlements illegal.

But the Palestinians rejected the American offer following a meeting late Wednesday of Arab representatives and said it is planning to press for a vote on its resolution on Friday, according to officials familar with the issue. The decision to reject the American offer raised the prospect that the Obama adminstration will cast its first ever veto in the U.N. Security Council.

Still, the U.S. offer signaled a renewed willingness to seek a way out of the current impasse, even if it requires breaking with Israel and joining others in the council in sending a strong message to its key ally to stop its construction of new settlements. U.S. officials were not available for comment, but two Security Council diplomats confirmed the proposal.

Jennifer Rubin:

The U.S., according to an informed source on Capitol Hill, also offered “support for a UNSC fact-finding mission to the Middle East, which the Russians have been pushing.” And there was “some sort of Quartet statement that would reference the 1967 borders.” Israel, of course has made perfectly clear that 1967 borders are unacceptable, and, in any case, that this is an issue for direct negotiations. (That would be the direct negotiations that the Palestinians walked out of last fall.)

This remarkable deviation from past administrations’ treatment of Israel was not lost on Pawlenty. His spokesman provided a statement via e-mail, “The Obama administration has shown an astonishing unwillingness to stand by Israel at the United Nations, an organization with a long history of blaming Israel for just about every problem in the Middle East. It’s time for our UN ambassador to finally show some leadership, draw a line in the sand, and defend our historic ally. Global stability depends more than ever on a respected America that is loyal to our allies and realistic about the malice of our adversaries.”

Pawlenty is exactly right. Because this administration does not want to do what its predecessors did — exercise the Security Council veto to shield Israel from one-sided resolutions seeking to isolate the Jewish state in the international community — it instead has offered to join the pack of jackals that seek, at best, to extract concessions and impose a deal on Israel and, at worst, delegitimize Israel.

Hugh Hewitt:

This is as shocking. For the president to undercut Israel even as instability mounts on all of Israel’s borders is a clear signal that Team Obama is either indifferent to Israel or incompetent beyond even its critics estimates.

The presider-in-chief is presiding over a major and unprecedented turning against Israel.  Allahpundit says it isn’t a “total sellout” of Israel, but it is a major blow to Israel at precisely the moment when Muslim radicals are wondering if they can run the board, and whether the U.S. will stand behind its long-time ally. Ben Smith has some updates.  Even if the blowback forces the U.S. to do what it ought to have done from the beginning –threaten a swift and conclusive veto on any such resolution– no supporter of Israel ought to forget that at a moment of great peril to Israel, President Obama endorsed piling on with statements of disapproval from the Security Council.   Perhaps the U.S. ought to have suggested statements of disapproval of Iran, Libya, Syria, Hezbollah and Hamas were all in order first.

John Tabin at American Spectator:

Rep. Anthony Weiner (D-New York) gets it exactly right:

This is too clever by half. Instead of doing the correct and principled thing and vetoing an inappropriate and wrong resolution, they now have opened the door to more and more anti-Israeli efforts coming to the floor of the U.N. The correct venue for discussions about settlements and the other aspects of a peace plan is at the negotiating table. Period.

This is a moment of uncertainty in the Middle East, with a wave of protest movements threatening the stability of autocrats across the region. If this leads to the opening of Arab societies, that’s a good thing in the long term (tyranny has bred radicalism; freedom is likely to breed moderation). But in the short term, a more democratic Arab world could be enormously destabilizating; people who have been fed decades of propaganda laden with Jew-hatred will be tempted to embrace a politics of confrontation with Israel. Maintaining Israel’s ability to project strength is the best bet for maintaining peace — Israel must be able to credibly say things like “You don’t like Camp David? We’ll be taking the Sinai back, then.” This is no time to be shy about reminding the world the the US has Israel’s back.

Danielle Pletka at AEI:

Hmmmm, how do we get back to a more “balanced approach”? Aha! The way we always do: Screw Israel. After all, the resolution the Palestinians are pushing is little more than cheap maneuvering. It certainly isn’t going to advance the peace. What the administration fails to appreciate is that this “feed the beast” move is going to have the effect that feeding the beast always has. It will be hungrier. So of course, the White House’s execrable “compromise” has only encouraged Israel’s (and our) enemies to up the ante. Clever.

Israel Matzav:

On Wednesday night, a couple of hours before this report broke, an Israeli Radio commentator expressed amazement that with all that’s going on in the Arab world today, the Arabs are still aggressively pursuing this resolution. After watching what has happened in Egypt, my sense is that the Wikileaks disclosures to which Omri referred reflected the views of the elites and not those of the Arabs on the street. The Arabs may be trying to save their regimes by distracting them with Israel big time. The US is apparently willing to help them out, even at the expense of throwing its most loyal ally under the bus. And the Europeans, as always, are cheering them on.

Maybe the US is hoping the ‘Palestinians’ will once again not miss the opportunity to miss an opportunity by saying that the Council statement isn’t good enough?

What could go wrong?

Leave a comment

Filed under International Institutions, Israel/Palestine

I Have A Dream, You Have A Dream, Glenn Beck Has A Dream

Amy Gardner at WaPo:

When Fox News and talk radio host Glenn Beck comes to Washington this weekend to headline a rally intended to “restore honor” to America, he will test the strength – and potentially expose the weaknesses – of a conservative grass-roots movement that remains an unpredictable force in the country’s politics.

Beck, who is both admired and assailed for his faith-based patriotism and his brash criticism of President Obama, plans in part to celebrate Martin Luther King Jr. as an American hero. He will speak on the anniversary of the “I Have a Dream” speech, from the spot where King delivered it.

Some “tea party” activists say the event, at which former Alaska governor Sarah Palin is also scheduled to speak, will have a greater impact than last September’s “9/12” march along Pennsylvania Avenue. Though the attendance figures for that anti-tax rally are disputed, it was the first national gathering to demonstrate the size and influence of the tea party movement.

But with just a few days before the Beck rally, basic questions linger, including how big it will be and whether the event, which Beck says is nonpolitical, will help or hurt Republicans in November. Also unanswered is whether Beck can pull off the connection to King without creating offense – or confrontation with another event the same day led by the Rev. Al Sharpton.

Max Fisher at The Atlantic with a round-up

Kate Pickert at Swampland at Time:

Glenn Beck’s 8/28 Restoring Honor Rally has already drawn all sorts of criticism. It’s scheduled to take place on the steps of the Lincoln Memorial on the anniversary of Martin Luther King Jr.’s “I Have a Dream” speech – which he delivered on the steps of the memorial in 1963. Given that Beck has said President Obama has “a deep-seated hatred for white people,” some black civil rights feel the rally’s location and scheduling are offensive.

What’s gotten less attention, however, is the group that will financially benefit from the event, the Special Operations Warrior Foundation (SOWF). All proceeds raised through Glenn Beck’s promotion of the event go to SOWF – once costs for the rally itself are covered.

The charity, founded in 1980, provides college scholarships for children of special operations personnel killed in action or in training. SOWF is very well-run, with low administrative costs and a four-star rating from the watchdog group Charity Navigator. Some 160 of its scholarship recipients have graduated from college in the past 30 years and there are more than 100 students in college now.

Joan Walsh at Salon:

Beck claims he didn’t know Aug. 28 was the anniversary of King’s most famous speech when he chose the day, and I’m not sure what’s worse — that he’s lying, or that he’s telling the truth. My gut says he’s full of crap: You don’t schedule an event at the Lincoln Memorial, on the same day of one of the most famous events ever held there, and not know of the coincidence. Besides, Beck has been comparing himself to King, and his acolytes to civil rights strugglers, at least since the Obama administration began. He’s too big a megalomaniac not to know the symbolism of his choice.

But let’s say he’s telling the truth: Can someone who purports to be knowledgeable about our political and social history really not know about the 1963 March on Washington? Was Beck even paying attention when Obama accepted the Democratic nomination in Denver just two years ago, and every news organization in the world noted it happened to be on the 45th anniversary of the King speech — that’s right, Aug. 28. It’s hard to believe.

When the “coincidence” was called to his attention, Beck exhibited his trademark megalomania and paranoia. It was “divine providence,” he said — and besides, he snarled, “black people don’t own Martin Luther King!” It seems a little tone-deaf to talk about “owning” someone when King was fighting to undo the legacy of slavery, when African-Americans were literally owned by white people. A final fun fact: Beck insists he only chose the date because that was the only open Saturday before 9/12, and of course he couldn’t ask people to rally on a Sunday, “the Sabbath.” Of course, Saturday is the Jewish Sabbath, but I guess Jews weren’t high on the outreach list for Beck’s big event. But that’s our Beck, who has shown he subscribes to one of the ugliest anti-Semitic canards, that Jews bear the blame for killing Jesus.

Jillian Bandes at Townhall:

We can’t ignore the controversy: Beck is holding the rally at a time and place that is sure to draw scorn from a multitude of people. He’s doing it in the middle of election season, adding additional political weight to his avowed apolitical rally. Beck is a huge talker, and talks a lot about things that no one else does.

But that’s just one side of the coin. There are a multitude of people who believe that Beck is perfectly justified in holding the rally at that time and place, and even consider it an well-executed move. He’s got solid Christian credentials, so even if the rally does leak into politics, he’s built a firm foundation on which to honor our troops and focus on values. And Beck’s talking isn’t just background noise: his audience of over 3 million cable viewers are dedicated to his cause, and eager to spread the word.

Most importantly, lets not loose sight of the forest in the trees. Beck is motivating hundreds of thousands of Americans to get off their couch and get inspired. He’s providing a venue to praise our military and focus on what’s important, and no matter what your view of his political maneuverings, he’s doing a very effective job.

David Swerdlick at The Root

Greg Sargent:

Dems are gleefully noting to reporters that Beck intends to rally the faithful from the Lincoln Memorial — the very spot where King gave his speech 47 years ago. And with turnout estimates running as high as 300,000, Dems say they hope they can wrest some political advantage from what they hope will amount to a massive show of Tea Party force that’s rife with ugly Obama-bashing.

Though there are good reasons to wonder how effective it is, Dems have doubled down on a strategy of relentlessly elevating Tea Party whack-jobbery to turn moderates independents against the GOP. Several Dems cheerfully noted to me this morning that a raucus Tea Party rally staged on the anniversary of one of the turning points in the Civil Rights movement can only help in this regard.

To buttress the case that the rally is bad for the GOP, Dems are circulating a report in this morning’s Post claiming that officials with the Republican party committees are distancing themselves from the rally:

“In general, people coming to Washington, being organized and active is a good thing,” said Doug Heye, a spokesman for Republican National Committee Chairman Michael S. Steele.

“But I gotta be honest with you — I don’t know about any Glenn Beck event.”

Given the awful job numbers and the nation’s other myriad problems, it’s hard to imagine that using the Beck rally to tar the GOP will do much to alter the Dems’ electoral fortunes. But the sight of Beck trying to coopt the legacy of King while crazed Tea Partyers bash the first African American president in the ugliest of terms may well go down as an iconic moment in the history of this movement.

David Weigel:

Yeah, because bashing the tea party has done them so much good so far. I remember the Democrats begging, begging for Sarah Palin to endorse Scott Brown in the January 2010 U.S. Senate special in Massachusetts, in the apparent hope that she’d pass her crazy cooties on to him. How’d that turn out for Senator Coakley?

Beck isn’t stupid, and he’s trying to cut down on the easy shots from liberals with a rule: No signs.

Digby:

If the Triumph of the Wingnut rally does attract 300,000 people, keep in mind it’s because they believe this:

Media Matters describes it this way:

In a new promo posted on a “Producers’ Blog” at his website, Beck humbly places the rally in the context of the moon landing, the Montgomery bus boycott, Iwo Jima, the signing of the Declaration of Independence, and other landmark historical events. It also not-so-subtly suggests that Beck is following in the tradition of Martin Luther King (which is a farce), Abraham Lincoln, most of the Founding Fathers, Martha Washington, the Wright Brothers, and other notable historical figures.

To give you some sense of the egomania on display here, it starts with the line, “Every great achievement in human history has started with one person. One crazy idea.”

And it’s “brought to you by Goldline.”

Greg Sargent says that Democrats are gleeful about the “I Have A Nightmare” gathering because they think these people will expose themselves to America as the kooks they really are and the people will reject them. But what if they don’t? There’s ample historical precedent for kooks to break through into the mainstream and it can lead to some very unpleasant outcomes. Yes, Beck is nuts. But he’s also the most important figure in the Tea Party movement, which in case anyone hasn’t noticed is in the process of taking over one of the two major parties in the most powerful nation in the world. You can deride these people, as I do every day. But it’s a mistake to not take them seriously or underestimate their appeal in times like these.

No one should ever count on the people naturally seeing through demagogues. Their power lies in their ability to be convincing even when it doesn’t make rational sense and the truly talented ones can change the world. It remains to be see if Beck and his fellow travelers have that kind of juice. But I wouldn’t be so sanguine that they don’t.

Anthony G. Martin at The Examiner:

In a demonstration of the overwhelming support of mainstream America for conservative principles, Glenn Beck’s ‘Restoring Honor’ rally at the Lincoln Memorial in Washington, D.C. is drawing ‘hundreds of thousands,’ according to McClatchy Newspapers.

Early reports indicate that so large is the crowd that attendees were having difficulty hearing the speakers. A quick scan of mainstream news outlets that have done actual estimates this morning indicates that attendance at this point is between 300,000 and 500,000 people.

And attendees are still arriving at the rally, which began some 90 minutes ago.

Newsbusters is live-streaming the event.

Michelle Malkin reports that as early as 7:30 AM there were already 100,000 peope gathered at the site.

Reporters on the ground, however, state that the claim of 500,000 attendees is grossly underestimated. A more accurate assessment of the crowd may well turn out to be between 500,000 and 1 million.

Speakers at the event represent a broad cross-section of America–civil rights leaders who were present at the Martin Luther King, Jr. rally in 1963, baseball manager Tony LaRusa, former Alaska Governor Sarah Palin, a host of black preachers, and Dr. Alveda King, the niece of Dr. Martin Luther King, Jr., among others.

Update–Glenn Beck is speaking.  Passionate, eloquent, fervent defense of the Founders’ vision of America–faith, liberty, truth.

Update 2–Beck concludes by saying our hope as a nation is in God–a concept that is entirely consistent with the numerous writings of Washington, Jefferson, Madison, Franklin.  They may not have agreed on points of doctrine, but  in one accord they looked to God as the author and sustainer of LIBERTY!

Update 3–Country singer JoDean Messina sings ‘America the Beautiful.’

Update 4–More music from Messina and others.

Update 5–This aerial photo indicates the crowd may well number upwards of 1 million!

Updates on the rally will be reported as they become available.

Jim Hoft at Gateway Pundit:

The state-run media is predictably annoyed with this patriotic rally.

The rally is streaming live at the Restoring Honor homepage and is also playing on C-SPAN.

A crowd shot from C-SPAN


Freedom’s Lighthouse
has lovely Sarah Palin’s speech at the rally.
What an awesome speech!

Meanwhile, Al Sharpton’s counter freedom rally managed to attract only 3,000 supporters.

Doug Mataconis:

After listening to the Beck rally this morning, though, I think the charges of racism were clearly over the top. That doesn’t mean it wasn’t a political rally, though. Regardless of whatever Beck might say, the political undertones were rather obvious, and the degree to which it mixed religion and politics should quite honestly be disturbing to anyone who believes in the value of secularism in politics.

I’m not sure what the impact of this rally will be. I’m sure Beck has something more planned, he always seems to, stay tuned.

UPDATE: Ross Douthat in NYT

David Weigel

Douthat on his blog

Michael Kinsley at The Atlantic

Adam Serwer at Greg Sargent’s place

UPDATE #2: Russell D. Moore

Joe Carter at First Things

Daniel Larison

Reihan Salam at Daily Beast

Adam Serwer at The American Prospect

E.D. Kain

UPDATE #3: Nick Gillespie at Reason

James Poulos at Ricochet

John Tabin at The American Spectator

More Larison

1 Comment

Filed under Mainstream, Political Figures, Politics, Race

Settle In Kids, We’re In For Another Sherrod-y Week

Jeffrey Lord at The American Spectator:

It isn’t true.Shirley Sherrod’s story in her now famous speech about the lynching of a relative is not true. The veracity and credibility of the onetime Agriculture Department bureaucrat at the center of the explosive controversy between the NAACP and conservative media activist Andrew Breitbart is now directly under challenge. By nine Justices of the United States Supreme Court. All of them dead.

[…]

Plain as day, Ms. Sherrod says that Bobby Hall, a Sherrod relative, was lynched. As she puts it, describing the actions of the 1940s-era Sheriff Claude Screws: “Claude Screws lynched a black man.”

This is not true. It did not happen. How do we know this?

The case, Screws vs. the U.S. Government, as she accurately says in the next two paragraphs, made it all the way to the U.S. Supreme Court. Which, with the agreement of all nine Justices of the day — which is to say May 7, 1945 — stated the facts of the killing of Bobby Hall this way:

The arrest was made late at night at Hall’s home on a warrant charging Hall with theft of a tire. Hall, a young negro about thirty years of age, was handcuffed and taken by car to the courthouse. As Hall alighted from the car at the courthouse square, the three petitioners began beating him with their fists and with a solid-bar blackjack about eight inches long and weighing two pounds. They claimed Hall had reached for a gun and had used insulting language as he alighted from the car. But after Hall, still handcuffed, had been knocked to the ground, they continued to beat him from fifteen to thirty minutes until he was unconscious. Hall was then dragged feet first through the courthouse yard into the jail and thrown upon the floor, dying. An ambulance was called, and Hall was removed to a hospital, where he died within the hour and without regaining consciousness. There was evidence that Screws held a grudge against Hall, and had threatened to “get” him.

The very first paragraph of the Supreme Court decision states:

1. Upon review of a judgment affirming the conviction, for violation of § 20 of the Criminal Code and conspiracy thereunto, of local law enforcement officers who arrested a negro citizen for a state offense and wrongfully beat him to death, the judgment is reversed with directions for a new trial.

In other words, the Supreme Court of the United States, with the basic facts of the case agreed to by all nine Justices in Screws vs. the U.S. Government, says not one word about Bobby Hall being lynched. Why? Because it never happened.

So why in the world would Ms. Sherrod say something like this?

Philip Klein at The American Spectator:

A regular part of writing for a political magazine or website is that you sometimes disagree with what is written, or even with decisions to publish certain articles. Such is my sentiment today with Jeff Lord’s piece on Shirley Sherrod. I am rendered speechless by a 4,000-word article that is based around the suggestion that somebody is a liar for saying that a black man was lynched, when he was merely beaten to death by a white sheriff who evidence suggests had previously threatened to “get him.”

John Tabin at The American Spectator:

What on Earth is Jeffrey Lord talking about on the mainpage? He says that the sentence “Claude Screws lynched a black man” is untrue. Lynching is defined as an extrajudicial killing by a mob (which can be as few as two people). The fatal beating of Bobby Hall most certainly qualifies.

Radley Balko at Reason:

The term lynching refers to a mob execution unsanctioned by law. It’s often associated with hanging, but there are dozens of documented, racially-motivated lynchings in American history that had nothing to do with hanging. (The murder of Emmit Till is probably the most famous example.) Lord is also flat wrong about federal anti-lynching legislation. These bills sought to punish local governments for sanctioning or refusing to prevent all forms of lynching, not just hanging. Here’s the text of the Dwyer bill, the first piece of federal anti-lynching legislation, introduced in 1918:

…the phrase “mob or riotous assemblage,” when used in this act, shall mean an assemblage composed of three or more persons acting in concert for the purpose of depriving any person of his life without authority of law as a punishment for or to prevent the commission of some actual or supposed public offense.

The bill never uses any form of the word hang. The more famous Costigan-Wagner anti-lynching bill also made no distinction about a lynch mob’s chosen method of execution. Had either bill passed, they would have held local law enforcement responsible for failing to prevent extrajudicial mob murders of any kind, including murder by black jacks and fisticuffs.

But Lord isn’t finished. Sherrod mentions in her speech that Hall’s murder made it to the Supreme Court, which overturned the civil rights conviction of Sheriff Claude Screws by a 5-4 vote. Lord next criticizes Sherrod for not telling her audience that one of the justices who overturned the conviction (Hugo Black) was not only a member of the Ku Klux Klan, but also an FDR appointee, New Deal supporter, and a “committed liberal activist,” just like Sherrod. How conniving of her!

It gets even better. Lord also helpfully informs us that….

Hugo Black was, of course, a lawyer. His law partner? That would be a man named Crampton Harris. Mr. Harris was the Klan “Cyclops” of the Birmingham Klavern. Does this weird term ring a recent bell? It should. “Exalted Cyclops” was the Klan post held in a later time in West Virginia — by another prominent future Democratic Senator named Robert Byrd.

It goes on like that. There’s no question that there’s a long, ugly history of racism in the progressive movement, and that today’s left glosses over that history. But it’s more than a little absurd to suggest Sherrod was being dishonest for not drawing all sorts of connections between progressives and racism simply because a New Dealer sat on the Supreme Court that denied her relative justice.

But that is Jeffrey Lord’s charge. So black people, take note. If you’re ever giving a speech in which you recount a racially-motivated injustice, be sure you’re thoroughly familiar with and relay to your audience not only any subsequent legal action related to the case, but also the political affiliations of any and all judges who presided over those legal proceedings, both at trial and on appeal, and whether or not they or any of their business partners (and presumably family members, friends, or golfing buddies) were racist. Also, and most importantly, never, ever, ever talk about any historical racial injustice without also mentioning that the late Sen. Robert Byrd, a Democrat (be sure to mention this part, it’s important!), was once an Exalted Cyclops in the Ku Klux Klan.

Anything less would be dishonest.

Tom Maguire:

Taking a a more pedestrian approach, I simply Googled the word “lynching“.  These are all on the first page; Wikipedia is number one:

Lynching – Wikipedia, the free encyclopedia

Lynching is extrajudicial punishment carried out by a mob, often by hanging, but also by burning at the stake and shooting, in order to punish an alleged
en.wikipedia.org/wiki/Lynching

Lynching

Lynching is the illegal execution of an accused person by a mob. The term lynching probably derived from the name Charles Lynch (1736-96), a justice of the
http://www.spartacus.schoolnet.co.uk/USAlynching.htm

New Georgia Encyclopedia: Lynching

Of Georgia’s victims of lynch mob “justice,” the overwhelming majority (95 percent) were black, and they were murdered primarily, although not exclusively,
http://www.georgiaencyclopedia.orgHistory and Archaeology

79.02.04: The Negro Holocaust: Lynching and Race Riots in the

Most of the lynchings were by hanging or shooting, or both. However, many were of a more hideous nature—burning at the stake, maiming, dismemberment,
http://www.yale.edu/ynhti/curriculum/units/1979/…/79.02.04.x.html


Even a casual clue-seeker might have guessed that there were problems with equating “lynching” and “hanging”.

Sweet Jiminy – Jeffrey Lord is embarrassing himself and annoying the rest of us, even at the American Spectator.

Adam Serwer at The American Prospect:

Now does three guys beating someone to death sound like an extrajudicial mob killing to you? Well Lord thinks it’s merely “brutal fisticuffs” because under the definition of lynching he just made up, you need a rope to make it official — I mean they didn’t even set the guy on fire for crying out loud! It’s almost as if instead of being a Southerner tortured by the knowledge of past racial injustice, he’s someone who didn’t know very much about lynching or segregation before he decided to call Shirley Sherrod a liar without bothering to use Google first. What’s sad is that when the generation that actually remembers what living under segregation was like is gone, this kind of historical revisionism is just going to get 10 times worse.

Finally, how many times are conservatives going to try to smear this woman before some sense of shame or decency kicks in?

Paul Campos:

It’s hard to understand how this kind of thing gets published in a world that includes editors, higher cognitive function, and/or common decency.

My favorite bit from the comments, defending the author’s use of a definition of lynching that limits it to hangings:

“Regardless of the dictionary’s definition, English is considered the most nuanced of languages because each word has a specific, unique meaning giving context and emotion to any written or spoken idea or statement. I don’t need a dictionary to instruct me on the accepted meaning of the word ‘lynching.’”

UPDATE: More Lord

Steve Benen

Charles Johnson at LGF

1 Comment

Filed under Political Figures, Race

Right On Right Violence To A Soundtrack Of Lee Greenwood

Debbie Schlussel:

For the last several years, Sean Hannity and the Freedom Alliance “charity” have conducted “Freedom Concerts” across America. They’ve told you that they are raising money to pay for the college tuition of the children of fallen soldiers and to pay severely wounded war vets.  And on Friday Night, Hannity will be honored with an award for this “Outstanding Community Service by a Radio Talk Show Host” at Talkers Magazine’s  convention.

But it’s all a huge scam.

In fact, less than 20%–and in two recent years, less than 7% and 4%, respectively–of the money raised by Freedom Alliance went to these causes, while millions of dollars went to expenses, including consultants and apparently to ferry the Hannity posse of family and friends in high style. And, despite Hannity’s statements to the contrary on his nationally syndicated radio show, few of the children of fallen soldiers got more than $1,000-$2,000, with apparently none getting more than $6,000, while Freedom Alliance appears to have spent tens of thousands of dollars for private planes.  Moreover, despite written assurances to donors that all money raised would go directly to scholarships for kids of the fallen heroes and not to expenses, has begun charging expenses of nearly $500,000 to give out just over $800,000 in scholarships

David Frum at FrumForum:

It’s of course possible that this is a misunderstanding or mistake by Schlussel.

If mistaken, one would assume we’ll hear a defense from Hannity himself or his many admirers. If not mistaken, you’d assume we’d hear some kind of reaction from conservatives – and some kind of explanation/apology from Hannity. It’s not possible – is it? – that the conservative world will just pass by the affair in embarrassed silence?

True, Schlussel’s piece went up yesterday evening, and as of 9 am I can find no mention or reference in the conservative blogosphere. But its early.

So here’s my personal query. I’m going to set my google alert and twitter feed to find Hannity items. If anybody who can plausibly be considered a conservative discusses – even mentions – the Schlussel allegations, I’ll let you know. And if nobody does … well that’s not possible. Is it?

John Tabin at American Spectator:

I suppose it’s possible that Hannity himself wasn’t aware of what the balance sheet looks like, but a source tells Schlussel that Freedom Alliance founder Oliver North confronted Hannity at one point about how much of the charity’s money was being spent on private jets, luxury SUVs, and hotel suites. If that’s true, Hannity has a lot of explaining to do.

UPDATE: I’m hearing from reliable sources that Schlussel’s suggestion that Freedom Alliance pays for Hannity’s travel expenses is wrong. There’s little doubt that, if the numbers she cites are correct, the charity is seriously mismanaged, but it might not be as bad for Hannity personally as Schlussel’s report makes it look. Stay tuned.

ANOTHER UPDATE: Further exculpatory information here. Schlussel’s story seems to be falling apar

4 PM UPDATE:

Readers:

Information regarding Freedom Alliance that appeared earlier in this spot was innacurate or misleading and has been removed. Any further mention of this material as having appeared in this post will either mention or disavowal or be deceiving to readers.

R. Emmett Tyrrell, Jr.

Freedom Alliance’s statement refuting the charges (pdf)

March 18, 2010

Dear Friends of Freedom Alliance:

This week, false and malicious allegations about Freedom Alliance were posted on the Internet and we want to address them with you. We don’t know the motivation for these vicious smears, but we will not allow them to go unanswered.
First, we want to thank you for your support and assure you that Freedom Alliance’s record of financial stewardship and programmatic achievements not only meets, but exceeds standards of program efficiency set by most charity evaluators. We are extraordinarily proud of our work at Freedom Alliance and stand by our efforts 100 percent.

False Accusations

1. The blog posting accuses our friend Sean Hannity of personally benefiting from Freedom Alliance. This is FALSE. Freedom Alliance has never provided planes, hotels, cars, limos, or anything else to Sean. Sean gets nothing from Freedom Alliance except our gratitude for his personal generosity and for all he has done to help the troops and our organization. We have never had to ask Sean for anything, he always generously offers his help before we have a chance to ask him. But to be clear Sean pays for all his own transportation, hotels, and all related expenses for himself and his family and friends and staff, which over the years has added up to tens of thousands of dollars. He does not use any Freedom Alliance Funds or Concert funds in any way, period.

2. Sean Hannity has contributed $100,000 to the Wounded Warriors Foundation, over $200,000 to the Freedom Alliance, and over tens of thousands of dollars to other military charities and individuals. We only make this information public because of the outrageous slander against him. Sean has no management or operational involvement in, or control over, Freedom Alliance. He has been a selfless patriot in his efforts to raise funds for the education of children of armed services personnel.

3. The blog posting accuses Freedom Alliance of spending less than 20% of money raised on program activities. This is FALSE. Listed below are the amounts that Freedom Alliance spent for each of the past three years and the categories on which they were spent. The figures are taken from our Federal Form 990 which is filed with the Internal Revenue Service and posted on our web site and audited by an independent auditor using Generally Accepted Accounting Principles. This financial record not only meets, but exceeds standards of program efficiency set by most charity evaluators.

4. In 2008, Freedom Alliance spent a total of $6,745,717. Of that:

•79 percent ($5,317,970) was spent on Program Activities 14 percent ($945,950) was spent on Fundraising 7 percent ($481,797) was spent on ManagementIn 2007, Freedom Alliance spent a total of $7,461,350. Of that:
• 81.5 percent ($6,084,474) was spent on Program Activities • 13.5 percent ($1,011,501) was spent on Fundraising • 5 percent ($365,375) was spent on Management

In 2006, Freedom Alliance spent a total of $7,064,839. Of that:

• 77 percent ($5,434,538) was spent on Program Activities • 18.5 percent ($1,308,414) was spent on Fundraising • 4.5 percent ($321,887) was spent on Management

5. The blog posting accuses Freedom Alliance of spending money intended for student scholarships on other expenses. This is FALSE. Freedom Alliance has distributed $3.4 million in Scholarships and created a Scholarship Trust Fund with the additional money that we have raised for that program. That fund now contains $15 million, over $10 million of which has been raised by Hannity and the concerts. Our scholarship program is managed with the understanding that it will be needed for at least the next 20 years as there are children who will ultimately receive a scholarship who are now only a few years old. As indicated on our Federal Form 990, these funds are restricted and used only for future scholarships.

6. Our Scholarship Fund is one of four programs operated by Freedom Alliance. Supporters may donate to a specific program or for general operating purposes. In 2008, Freedom Alliance received $2.1 million in scholarship donations. The same year, we awarded $802,250 in scholarships and applied $1.3 million to our Scholarship Trust Fund. The funds donated by Sean Hannity directly — or through the proceeds of the Freedom Concerts — and the support of thousands of Americans are used for these purposes:

• Freedom Alliance Scholarship Fund: Providing scholarships to those whose parents have been killed or severely injured in their service to our Country. There is now over $15 million in the scholarship fund for the students as they come of age.
• Support our Troops: Many events each year are planned and executed by our staff to show appreciate and provide special opportunities for those actively serving in the military.
• Leadership Academy: A program for high school students in which they are encouraged and trained to serve their country.

These programs would not be possible without the support of Mr. Hannity and many others.

We are proud of our work and numerous accomplishments. We are grateful to our supporters whose voluntary contributions make it possible and we thank you. While it is discouraging to have our record misrepresented in such a malicious way, our work is important and, with your support, it will continue.

Respectfully,
Thomas P. Kilgannon Oliver L. North President Founder & Honorary Chairman

Tim Mak at FrumForum:

Schlussel Accusation: Sean Hannity improperly benefited from Freedom Alliance by charging private jets, hotel stays and luxury cars.

Freedom Alliance’s press release today stated categorically that they have “never provided planes, hotels, cars, limos, or anything else to Sean [Hannity] … to be clear Sean pays for all his own transportation, hotels, and all related expenses for himself and his family and friends and staff.” We are satisfied that this is true.

It is true that Freedom Alliance spent $60,000 on aviation services in 2006, but there is no evidence that this was for Sean Hannity’s benefit, and it seems unlikely that the money was used to lease a Gulfstream 5. Rates for G5 aircraft average around $8,000 an hour. $60,000 would not buy much at that rate.

We have also been able to confirm that Sean Hannity has no operational control over the organization. Nor is he even a member of the group’s board.

If Schlussel stands behind her statement, then she will have to do better than a quote from a blind source, who is, as she admits, a friend of a friend.

Schlussel Accusation: Too Little of Freedom Alliance’s Spending Has Gone to Program Outcomes.

FrumForum has intensively investigated Freedom Alliance’s 990 Forms, which have been submitted to the IRS and checked by an independent auditor.

Debbie Schlussel alleges that only $1 million of the organization’s $8.8 million in revenue was going to soldiers and scholarships in 2008. This figure is the product of a misleading and selective reading of the organization’s tax forms.

The numbers that Schlussel cite refer to direct financial transfers to individuals – that is, if there is a direct grant that Freedom Alliance gives to a soldier. This does not include all the positive work that doesn’t involve a direct grant.

Freedom Alliance also spends money on non-cash benefits for military families, involving things like taking soldiers to sporting events and sending care packages to troops.

The highest paid employee earned $152,000 in 2006. The second highest paid employee earned $83,000. In 2007, Freedom Alliance spent about $1 in $7 on salary and benefits.

Total staffing costs may seem high, but they are not out of line with what is spent at many other charities. For example, the Armed Services branch of the YMCA spent about $1 in $2 on salaries and benefits in 2008.

Schlussel Accusation: Soldiers Get Grants of Very Low Value

Schlussel is unhappy with “the fact that in each year’s tax returns soldiers described as having brain trauma injuries, multiple amputated limbs, and severe burns over most of their bodies get a few hundred bucks each from Freedom Alliance and in almost every case, no more than $1,000.”

However, this accusation is much weaker when you examine the Department of Defense regulations regarding donations to active duty soldiers.

According to the DOD Joint Ethics Regulation, gifts with a value of over $1,000 must go through a lengthy bureaucratic process which involves ethics officials. Calls to the Department of Defense confirmed this point.

What becomes clear is that there is a bureaucratic process to get approval from an ethics official, and that the costs of working through the bureaucracy for this purpose may want to be avoided by a charity, especially one that is working in a lot of other areas.

Schlussel also decries Freedom Alliance donations of less than $1,000, complaining for example that Freedom Alliance only gave $200 to a serviceman who lost both legs and his left arm. FrumForum has determined that lower-value grants like these are approved for specific purposes, often requested by a DOD case officer. This applies to cases where, for example, a serviceman may need a bus ticket home to visit his family.

The sums may seem small, but a soldier who is already receiving a government benefit may greatly value an airline ticket that goes above and beyond the Department of Defense’s budget.

Schlussel Accusation: Too Little Money Is Being Spent on Scholarships for Children of the Fallen

Schlussel complains that “167 students got an average of just $4,803.89 each in tuition.  With the amount this charity raises, these kids should all be getting a free ride paid for by Freedom Alliance.”

The scholarships that she is referring to are considered and approved annually, meaning that a freshman can qualify for about $20,000 over four years.

Further, $4,800 covers more than a year’s tuition at an average Catholic private school and a substantial portion of tuition at many colleges. For example, it nearly covers a year’s tuition at the University of Georgia ($4,900), and covers about a third of a year’s tuition at the University of Michigan ($11,600 for freshmen, $13,000 for upper-classmen).

Overall, Freedom Alliance raised $2.1 million for scholarships in 2008. About $800,000 of that went to scholarships for that year.  Schlussel claims that the remainder, “$1,238,636 – all of which was supposed to go to scholarships for these kids of the fallen – went to Freedom Alliance.”

FrumForum was able to confirm with Freedom Alliance that the $1.2 million that Schlussel cites did not go into the general Freedom Alliance revenues, but instead to the organization’s Scholarship Trust Fund.

Why didn’t Freedom Alliance spend all of its $2.1 million on scholarships that year? Considering your average active duty combat soldier is in his mid-20s, many fallen soldiers have children that are not of age to go to college. Saving a substantial part of funds is simply good planning – the process of funding children of the fallen will continue for fifteen to twenty years. The organization’s trust fund now stands at around $15 million.

Schlussel Accusation: Freedom Alliance’s Postage Costs Are Too High

Debbie Schlussel complains that Freedom Alliance spends too much on postage. Freedom Alliance’s listed cost for postage was $775,599 in 2008, which may seem high given their overall expenses. However, Freedom Alliance sends care packages to active duty soldiers in Iraq and Afghanistan, which explains a good deal of the cost behind the postage figure.

Comparing Freedom Alliance to other groups that specialize in sending care packages, Freedom Alliance’s expenditures seem ordinary. For example, Operation Gratitude is a group that specializes in “sending care packages addressed to individual Soldiers, Sailors, Airmen and Marines deployed overseas.” When reviewing their tax forms, FrumForum found that they spend similar amounts on postage. Operation Gratitude spent $773,680 in 2008; Freedom Alliance spent $775,599.

More Frum:

Our friend John Guardiano tweeted this afternoon: “Earlier today @DavidFrum asked why conservatives were “ignoring” the charges against Sean Hannity. Now we know why: because they were bogus!” The charges were indeed bogus. But sadly, that’s NOT “why” they were “ignored.” The people who ignored the charges did not know the charges were bogus, and in almost no case did they make any effort to find out. If conservatives now know the charges against Hannity are bogus, it’s because we at FrumForum asked on their behalf.

Freedom Alliance put out a statement earlier today. But that statement was not fully responsive to the charges. And while we appreciate Freedom Alliance’s willingness to invest the time to answer our questions, too often they seemed to take for granted that their plain statement should suffice to dispose of all concerns.

Conservatives rightly demand accountability from government. We need an accountability culture within our own institutions too however. We’re delighted to report that Sean Hannity has not betrayed his fans’ trust. But remember that old Reagan saying about needing to verify as well as trust? More of that please.

Andy McCarthy at The Corner:

The last time I was on the show a few weeks ago, Sean had just announced that his new book, Conservative Victory, would soon be released. With his platform he could have made a ton of money on it. But in a tradition we should laud here at NR, he’s in it to make a point, not a profit, so he insisted that it be put out in paperback at a modest price so that he could get the message out. As K-Lo points out, he and his wife give goo-gobs of money to our troops and, especially, our fallen heroes. Why do you know that? Not because of Sean. His friends feel it’s important to defend him against a libel.  If Sean had his way, he’d keep giving his time, his money, and his energy without anyone knowing the details. He’s from a long lost tradition in which doing the right thing for America is the least we can do, not something we expect a medal for.

It’s a ritual among the millions of Hannity fans that when they call in to Sean’s radio show, they say, “You’re a great American.” The reason the ritual got started — and the reason it’s not stale — is that he really is a great American. It’s a bad sign of the times that anyone should feel compelled to make such an obvious case, but, like K-Lo, I’m proud to make it.

Michelle Malkin:

My Fox News colleague and friend Sean Hannity has devoted countless hours helping the Freedom Alliance — which has a four-star rating from Charity Navigator – raise money for the dependent children of American soldiers, sailors, airmen and Marines who have been killed or permanently disabled in the line of duty. The charity funds scholarships to students who have lost a parent on the battlefield in Persian Gulf War, the 1983 terrorist bombing of the Marine Corps barracks in Beirut, Lebanon, and terrorist attacks on the USS Cole and the Pentagon. Sean has hosted Freedom Concerts across the country and helped raise millions for troops and their families

[…]

Indeed, I’ve known her a long time, linked her work and praised her reporting over the years, and once made the mistake of sympathizing with one of her old gripes about Sean. She has accused me (and everyone else on the planet) of stealing her work, hating Jews, and being less intelligent, less brave, and less successful than she is. Some very vindictive people will never be happy and have made it their life’s mission to drag the world down with them. It is very, very sad.

And one more thing: Does David Frum realize what an ass he made of himself?

Frum responds to Malkin:

Michelle’s defense of Sean Hannity consists of three points:

1) An invocation of the heroism of the slain soldiers who have received citations from the Freedom Alliance. (Which proves nothing about the charity.)

2) The Freedom Alliance’s own press release. (Which is assertion but not proof.)

and 3) The reporting done by the FrumForum website! Malkin mentions the names of the reporters, but not, ahem, the name of the place at which the work was published. (Voila.)

Michelle Malkin might pause to consider the irony that those of us who do not stand up and salute at the mention of Sean Hannity’s name were the people who did the work that rebutted the allegations against him.

And then, as a matter of manners: If you’re going to rely on other people’s work, don’t insult them for doing it.

John Guardiano at FrumForum on Frum:

So first try and trash a man’s character and reputation without knowing all the facts. Then when the facts prove you wrong, admit this, but claim that it somehow proves your journalistic virtue. And then proceed to gratuitously dump on the charitable efforts of your target — despite his manifest innocence!

Needless to say, this is neither gracious nor classy; and it doesn’t correspond with the David Frum that I know, like and admire.

To be sure, there is nothing wrong with hard-hitting criticism of your political friends and allies. I myself, in fact, am often quite critical of many conservatives, including John McCain, Robert Spencer, and Ralph Peters.

What’s more, I have defended David, publicly and in print, for his criticism of Mark Levin and Rush Limbaugh.

But you attack a person’s ideas and policies, not the man himself. And you limit your criticism to what is known and truthful, not what is unknown and possibly false.

That’s why Dan Rather’s stories about Bush’s alleged National Guard failures were enough to drive Rather from journalism. Rather, you will recall, had made allegations on air that his reporting simply couldn’t support or back up. Rather charged Bush with being AWOL for much of his required National Guard service.

It would have been a great and legitimate story had Rather been able to prove it, but he could not. Rather’s reporting was flawed and inadequate. But rather than admit error, Rather forced the issue and thus committed an act of journalistic malpractice.

David Frum has not committed journalistic malpractice. In fact, quite the opposite: he committed today an important and civic-minded act of journalism; and for that he and Tim Mak are to be commended. Both gentlemen, after all, devoted themselves to ascertaining the truth or falsehood of Schlussel’s serious allegations against Sean Hannity.

But David never should have published these allegations in the first place unless and until he knew they were true or false and could say so with a reasonable degree of certainty!

David failed that test today; and, in so doing, he failed himself, journalism, and the conservative movement. Even worse, David initially helped smear a man who, so far as we can tell, has done absolutely nothing wrong other than try and raise money for severely wounded war veterans and their families.

David, fess’ up. You made a mistake. And you owe Sean Hannity an apology.

Erick Erickson at Redstate:

I know the value and necessity of cleaning up our own side. I regularly do it. But the good work the Freedom Alliance does means those who cast stones at it should check, double check, and check again before trying to smear it. Same with Sean Hannity. He does tremendously good work for our soldiers, sailors, and veterans.

Schlussel responds to Freedom Alliance and others:

The liars and frauds at Freedom Alliance want to keep the gravy train going for them and their cronies. So, instead of actually refuting a single fact, they make claims without any hard evidence . . . because they don’t have any. None of the circle-the-wagons, fraudulent “conservatives” defending this group have dared post the tax forms because they tell the unvarnished truth.  One of the “prominent bloggers” who posted the phony response is Erick Erickson, a nut from Kentucky, who supports the equally nutty, pro-Iran, anti-American, anti-Gitmo Rand Paul, and who defended Emily Zanotti, the lunatic who has been stalking me for four years, who praised Muslim death, rape, and torture threats against me and my family, and who recently lost a scurrilous, unhinged attempt to threaten my free speech rights by trying to challenge my law license (which she did with the participation of a number of the bloggers now defending Freedom Alliance).  And I love how because the wasteful, lying charity claims in its response that Vannity paid for all his travel (he, in fact, paid for none of it and it was in fancy private planes, which I’ll tell you about in the coming days), that’s now “fact.”  Yup, repeating CYA press releases by perpetrators is now deemed an “exhaustive investigation.”

Here is my initial response to Freedom Alliance’s extremely weak PR attempt at covering its hide  (I will be posting more, next week, as I’ve discovered even more sleaze on the group’s part):

In fact, the Freedom Alliance “response” doesn’t answer any of the questions I raised and goes on to lie more. They don’t address why they gave a triple amputee only $200—and in fact there are many of these examples provided in their tax return addendum, but I only cited a few for brevity’s sake. They also lie and claim that they gave a lot more money to charity b/c they categorize it as “program expenses.” But I’m sorry—calling over $3 million in consulting fees, printing, and postage “program expenses” doesn’t change the fact that it still went to their cronies, not to a fund and not the soldiers who only got on average less than $900 apiece. It also doesn’t change the fact that out of the money spent (I didn’t count the money they claim they raised for their scholarship fund in my percentages or the figures would have been even more outrageous against Freedom Alliance), the vast majority of spending goes to those kinds of expenses.

Also, the “scholarship fund” is really a war chest for something else, since it isn’t being used to fund scholarships for kids of soldiers now.  If it has $15 million dollars, as they claim, then the interest alone should fund a free ride for all of the soldiers’ children currently in college.  What are they waiting for?  Likely, to convert the fund to something else, not what the donors intended.  Do you really think people who held bake sales and bought tickets to the concerts thought they were funding a Merrill Lynch account for a nebulous promise that some kids of fallen troops might go to college from it in 20 years?  No.  They thought they were funding kids to go to college on a full ride now.  But it was all a lie.

As I noted, Hannity said on his nationally-syndicated radio show that a $30,000 donation from Boca Java will fund a full year for one of these kids in college.  Sadly, it never did.  I don’t think anyone listening to his show thought that he meant 20 years from now.  That’s not what Boca Java thought, according to a company spokeswoman.

Sean Scallon at The American Conservative:

Were the “Freedom Concerts” a part of the same kind of scam that has infected the “movement” for the past 30 years? It remains to be seen. But before you make your next donation to your favorite “cause” you may want to ask first where the money is going and how its being spent, otherwise it could very well wind in some stripper’s G-string in D.C. while you’re out beyond the Beltway believing it’s helping a soldier’s kid go to college.

UPDATE: The Huffington Post

UPDATE #2: Joe Conason in Salon

2 Comments

Filed under Conservative Movement, Mainstream, Political Figures

“The First Thing We Do, Let’s Kill All The Lawyers”

Mike Levine:

A day after a conservative group released a video condemning the Justice Department for refusing to identify seven lawyers who previously represented or advocated for terror suspects, Fox News has uncovered the identities of the seven lawyers.

The names were confirmed by a Justice Department spokesman, who said “politics has overtaken facts and reality” in a tug-of-war over the lawyers’ identities.

“Department of Justice attorneys work around the clock to keep this country safe, and it is offensive that their patriotism is being questioned,” said Justice Department Spokesman Matt Miller.

The video by the group Keep America Safe, which dubbed the seven lawyers “The Al Qaeda 7,” is the latest salvo in a lengthty political battle.

For several months, Sen. Chuck Grassley (R-IA) has led an effort to uncover politically-appointed lawyers within the Justice Department who have advocated for Guantanamo Bay detainees or other terror suspects.

“The administration has made many highly questionable decisions when it comes to national security, ” Grassley said in a recent statement. “[Americans] have a right to know who advises the Attorney General and the President on these critical matters.”

An extensive review of court documents and media reports by Fox News suggests many of the seven lawyers in question played only minor or short-lived roles in advocating for detainees. However, it’s unclear what roles, if any, they have played in detainee-related matters since joining the Justice Department.

Daniel Foster at The Corner:

The names of the seven DOJ lawyers who represented or advocated for Guantanamo Bay detainees have been uncovered by Fox News and confirmed by the Justice Department. Looks like great investigative work from Fox. And they play it pretty even, saying that most of the lawyers in question “played only minor and short-lived roles in advocating for detainees,” and pointing out that the Bush Justice Department employed lawyers who had been similarly engaged.

The one exception might be Assistant Attorney General Tony West, who works in DOJ’s Civil Division. West represented “American Taliban” John Walker Lindh for several years.

Justin Elliott at TPM:

In Liz Cheney’s worldview, Rudy Giuliani is a disloyal al Qaeda sympathizer.

Let us explain.

Yesterday, Cheney’s outfit, a group called Keep America Safe, went up with a blistering ad that attacked Justice Department lawyers who previously represented Guantanamo detainees and are now working on detainee issues. The ad dubbed the lawyers “the Al Qaeda Seven” and asked “whose values do they share?” while flashing an image of Osama bin Laden.

It turns out that among the many high-profile lawyers who have represented so-called “terrorist detainees” is a top attorney with Rudy Giuliani’s firm, Bracewell Giuliani, according to court documents examined by TPMmuckraker.

Bracewell Giuliani Attorney Carol Elder Bruce, a distinguished white collar litigator, is listed as counsel in two detainee habeas cases, EL-MASHAD et al v. BUSH et al and ALLADEEN et al v. BUSH et al. Both are in the U.S. District Court in the District of Columbia.

El-Mashad, an Egyptian national who was captured near the Pakistan-Afghanistan border in late 2001, was released to Albania late last month.

To be clear, there is absolutely nothing wrong with attorneys representing detainees. In fact, the work — usually done on a pro bono basis — is seen by many as admirable.

As the DOJ pointed out in a letter to Republican senators who argue that lawyers who represented detainees have a conflict of interest, at least 34 of the 50 largest U.S. law firms have either represented detainees or filed amicus briefs in support of detainees.

Meghan Clyne at Daily Caller:

Senator Charles Grassley, Republican of Iowa, has been relentless in trying to determine which lawyers at the Department of Justice previously defended, advocated for or worked on issues pertaining to Guantanamo Bay detainees and other alleged terrorists. While he’s at it, he may want to expand his inquiry — to the halls of the White House itself.

At least two attorneys hired to serve in the White House counsel’s office — part of President Obama’s in-house team of legal advisers — represented Guantanamo detainees in their previous legal careers.

While an associate at the Washington office of the prestigious law firm Wilmer Cutler Pickering Hale & Dorr, Michael Gottlieb — tapped for a White House associate counsel position — was part of the team that successfully argued on behalf of alleged terrorist Lakhdar Boumediene (of Boumediene v. Bush fame).

And while a student at Yale Law School, one of Gottlieb’s fellow associate counsels, Jonathan Kravis, volunteered his time as part of the team that ultimately secured legal victory for alleged Yemeni terrorist Salim Hamdan in Hamdan v. Rumsfeld.

Adam Serwer at The American Prospect:

The “Gitmo Nine” aren’t terrorists. They weren’t captured fighting for the Taliban. They’ve made no attempts to kill Americans. They haven’t declared war on the United States, nor have they joined any group that has. The “Gitmo Nine” are lawyers working in the Department of Justice who fought the Bush administration’s treatment of suspected terrorists as unconstitutional. Now, conservatives are portraying them as agents of the enemy.

In the aftermath of September 11, the Bush administration tried to set up a military-commissions system to try suspected terrorists. The commissions offered few due process rights, denied the accused access to the evidence against them, and allowed the admission of hearsay — and even evidence gained through coercion or abuse. The Bush administration also sought to prevent detainees from challenging their detention in court. Conservatives argued that the nature of the war on terrorism justified the assertion of greater executive power. In case after case, the U.S. Supreme Court sided with the administration’s critics.

“These lawyers were advocating on behalf of our Constitution and our laws. The detention policies of the Bush administration were unconstitutional and illegal, and no higher a legal authority than the Supreme Court of the United States agreed,” says Ken Gude, a human-rights expert with the Center for American Progress, of the recent assault on the Justice Department. “The disgusting logic of these attacks is that the Supreme Court is in league with al-Qaeda.”

The attorneys who challenged the Bush administration’s national-security policies saw themselves as fulfilling their legal obligations by fighting an unconstitutional power grab. At heart, this was a disagreement over process: Should people accused of terrorism be afforded the same human rights and due process protections as anyone else in American custody? But rather than portray the dispute as a conflict over what is and isn’t within constitutional bounds, conservatives argue that anyone who opposed the Bush administration’s policies is a traitor set to undermine America’s safety from within the Justice Department.

“Terrorist sympathizers,” wrote National Review‘s Andrew McCarthy in September, “have assumed positions throughout the Obama administration.”

[…]

By this point the rest of the conservative media had begun taking up the cause, referring to the lawyers Weisch had mentioned as “The Gitmo Nine.” At the Washington Examiner, Byron York accused Holder of “stonewalling” Congress. “Who are the Gitmo 9?” McCarthy demanded to know from his perch at National Review. Then, last Friday, Republicans responded to Weisch, accusing the Justice Department of being “at best nonresponsive and, at worst, intentionally evasive.” The Washington Times followed up, echoing McCarthy’s demand for the identities of the so-called Gitmo Nine. By that point, two Justice Department lawyers, Deputy Solicitor General Neal Katyal and Human Rights Watch former senior counsel Jennifer Daskal, had already been identified. Unlike the Republican senators, whose concerns were centered around “potential conflicts of interest,” the Times editorial argued that “the public has a right to know if past work for terrorist detainees has biased too many of Mr. Holder’s top advisers.” It was a delicate way of suggesting that lawyers who were holding the government to its constitutional obligations were in fact, if not agents of, sympathetic to al-Qaeda.

On Tuesday, all attempts at subtlety were abandoned. Keep America Safe, the conservative advocacy group which was founded by Liz Cheney to defend torture and oppose civilian trials for suspected terrorists and which has close ties to McCarthy, turned the “Gitmo Nine” into the “al-Qaeda Seven.” The group put out a Web video demanding that Holder name the other Justice Department lawyers who had previously represented terrorist detainees or worked on similar issues for groups that opposed the Bush administration’s near-limitless assumption of executive power. “Whose values do they share?” a voice asks ominously. “Americans have a right to know the identity of the al-Qaeda Seven.” The ad echoed McCarthy’s references to the “al-Qaeda bar” from months earlier.

“This is exactly what Joe McCarthy did,” said Gude. “Not kind of like McCarthyism; this is exactly McCarthyism.”

The attorneys who secured greater due process rights for detainees weren’t attempting to prevent terrorists from being punished — they were attempting to prevent the government from assuming limitless power to imprison people indefinitely based on mere suspicion. Not all of those fighting the Bush administration’s policies even believed that terrorists should be tried in civilian courts. Katyal, who litigated the 2006 Hamdan v. Rumsfeld case in which the Supreme Court decided in the detainees’ favor, advocated for using military courts martial — and later, authored an op-ed for The New York Times alongside former Bush lawyer Jack Goldsmith arguing for a new “national security court” to try terrorists. Still, Katyal held that Bush’s general policy for trying terrorists “closely resemble those of King George III.”

Michelle Malkin:

You have a right to know. Now you do, thanks to the news organization that the White House communications team has spent the last year trying to delegitimize.

Spencer Ackerman at Washington Independent:

Via Ben Smith, Keep America Safe, the Cheneyite national-security revival tour, has a new video out insinuating that Justice Department attorneys who represented Guantanamo detainees are sympathetic to al-Qaeda, a brazen slander that Sen. Chuck Grassley (R-Iowa) put forward last week against such DOJ officials as Neal Katyal and Jennifer Daskal. Rushing to their defense is retired Air Force Col. Morris Davis, the chief prosecutor of the Cheneys’ beloved military commissions, who told me the attacks are “outrageous.”

“Neal in particular was and is one of the sharpest and hardest-working attorneys I’ve known in the 27 years I’ve been practicing law,” said Davis, who supervised prosecutions at Guantanamo from 2005 to 2007. “It is absolutely outrageous for the Cheney-Grassley crowd to try to tar and feather Neal and Jennifer and insinuate they are al-Qaeda supporters. You don’t hear anyone refer to John Adams as a turncoat for representing the Brits in the Boston Massacre trial.” Davis, of course, opposed Katyal on the famous case of Guantanamo Bay detainee Salim Ahmed Hamdan’s habeas corpus rights — a case that Katyal won in the Supreme Court, striking down the first iteration of the military commissions. “He was the epitome of professionalism, and I can’t say that about a lot of the folks involved” in the commissions, Davis continued.

“If you zealously represent a client, there’s nothing shameful about that,” said the retired Air Force colonel. “That’s the American way.”

Thomas Joscelyn at The Weekly Standard:

Do “war on terror” detainees deserve full constitutional rights? My hunch is that most Americans would say no. And, ironically, so has Neal Katyal, when it comes to the detainees held at Bagram. Katyal has reportedly defended the indefinite detention of terrorist suspects as a member of the Obama administration.

This speaks well of Katyal as it shows he is capable of making a responsible national security argument. Katyal’s defenders say he has always seen a difference between Bagram and Guantanamo because, well, one is at an airbase in Cuba and the other is the middle of a warzone in Afghanistan.

But leave it to a lawyer to argue that the Constitution is under assault if detainees are tried by a military commission in Cuba, while everything is just fine if (all else equal) they are held indefinitely without habeas rights in Afghanistan.

One other note about Katyal: He has lamented the slow pace at which the military commissions moved during the Bush years. And they certainly did move at a snail’s pace. But as Time magazine has reported, Katyal helped build “a defense that delayed Hamdan’s military tribunal for years as it gradually made its way through the courts.” That is, those delays are owed, in large part, to Katyal’s handiwork.

[…]

Other lawyers now at the DOJ worked on the historic Boumediene case. That case established the Gitmo detainees’ right to challenge their detention in habeas corpus hearings. In effect, the habeas proceedings have taken sensitive national security and detention questions out of the hands of experienced military and intelligence personnel, and put them into the hands of federal judges with no counterterrorism training or expertise. That lack of experience shows. For example, in one recent decision a federal judge compared al Qaeda’s secure safe houses (where training, plotting and other nefarious activities occur) to “youth hostels.” The habeas decisions are filled with errors of omission, fact, and logic.Still other lawyers did work on behalf of these well known terrorists: Jose Padilla (an al Qaeda operative dispatched by senior al Qaeda terrorists to launch attacks inside America in 2002), John Walker Lindh (the American Taliban), and Saleh al Marri (who 9/11 mastermind Khalid Sheikh Mohammed sent to America on September 10, 2001 in anticipation of committing future attacks).

Now, we don’t know what assignments these lawyers have taken on inside government. But we do know that they openly opposed the American government for years, on behalf of al Qaeda terrorists, and their objections frequently went beyond rational, principled criticisms of detainee policy.

We all have a tendency to look back on shameful events in our nation’s history — slavery, the internment of Japanese-Americans, the McCarthyite witch hunts — and like to believe that we would have been on the right side of those conflicts and would have vigorously opposed those responsible for the wrongs.  Here we have real, live, contemporary McCarthyites in our midst — Liz Cheney and Bill Kristol — launching a repulsive smear campaign, and we’ll see what the reaction is and how they’re treated by our political and media elites.
UPDATE: Marc Thiessen in WaPo

Greenwald on Thiessen

Ben Smith at Politico

Spencer Ackerman at Washington Independent

Michelle Malkin

UPDATE #2: Conor Friedersdorf on Thiessen

Michael Isikoff in Newsweek

William Kristol in The Weekly Standard

Julian Sanchez

John Tabin at The American Spectator

Paul Mirengoff at Powerline

Cesar Conda at The Corner

And Ken Starr on Countdown:

UPDATE #3: Mickey Edwards at The Atlantic

Jacob Sullum at Reason

Daniel Drezner

UPDATE #4: Freidersdorf

Orin Kerr

Andy McCarthy in USA Today

Conor Friedersdorf

Jonah Goldberg at The Corner

More Conor

UPDATE #5: Debra Burlingame and Thomas Joscelyn in the WSJ

Andy McCarthy

More McCarthy

Jonah Goldberg

More McCarthy

UPDATE #6: Jonathan Chait in TNR

UPDATE #7: Justin Elliott at TPM

3 Comments

Filed under GWOT